656
ORDINANCES Nos. 6 AND 7 OF 1864.
Depositions of Witnesses.
Compilation of Ordinances.
What shall be deemed a prima facie proof of statement having been duly taken,
(3.) That prior to such statement having been made the Magistrate, or other officer of Her Majesty to whom the cognizance of the crime or offence appertained, had given the accused clearly to understand that he had nothing to hope from any promise of favour, and nothing to fear from any threat which might have been held out to him to induce him to make any admission or confession of his guilt, but that whatever he then said might be given in evidence against him upon his trial notwithstanding such promise or threat.
(4.) That what the prisoner answered thereto was taken down in writing and read over to him.
(5.) That the said statement had been kept with, and at the time of the application to receive the same in evidence was in the custody of the Supreme Court in the same manner as the depositions of the witnesses which had been taken in the same matter.
Provided nevertheless, that nothing herein enacted or contained shall prevent the Attorney General, or other person conducting a criminal prosecution on behalf of the Crown from giving in evidence any admission or confession or other statement of the person accused, made at any time, which by law would be admissible as evidence against such person.
6. If the Attorney General, or other person conducting a criminal prosecution on behalf of the Crown shall at the trial of any person accused apply to the Court for leave to read as evidence in such prosecution the statement of such person, and it shall appear from the Registrar or Deputy Registrar or other competent officer of the said Court that the depositions including the statement of such person or a copy thereof are in the custody of the said Court, and if such statement shall appear to have been duly taken and in compliance with the conditions by the last section imposed, then if such statement purports to be signed by the Magistrate or other officer by or before whom the same purports to be taken, it shall be lawful to read such statement in evidence without further proof of the matters in the section last aforesaid, unless it be proved that such statement was not duly taken, or was not in fact signed by the Magistrate or officer aforesaid purporting to sign the same.
[All repealed by Ordinance No. 2 of 1889.]
Title.
Preamble.
No. 7 of 1864.
An Ordinance for compiling a New Edition of the Ordinances of this Colony.
[30th April, 1864.]
WHEREAS it is expedient that measures should be adopted for preparing a new edition of the Ordinances of this Colony wherefrom should be omitted all Ordinances or parts of Ordinances as have expired