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the inability of the prosecutor to produce the Witnesses at such trial. It was more unsatisfactory as to the statements made by the accused to the Justice being receivable. By section 4 of Ordinance of 1857 depositions were receivable, in certain cases, but the acting chief Justice decided that the section did not meet the case of the death of the witness and it was thought to be insufficient in other respects.
It was also held that Depositions taken before Consular Courts preliminary to sending the accused for trial in the Supreme Court of Hongkong could not be read at the trial; though the difficulty of producing witnesses from Japan was absolutely insurmountable, and was as to China at least very difficult by any means.
No provision has been made by Colonial Ordinance to facilitate the reading of the statement by the accused in evidence on his trial.
The whole statute law as to performance of the duties of Justices of the Peace out of Sessions as to persons charged with indictable offences was consolidated and improved by the Imperial act of 11 and 12 Vic: C 42 of which § 34 repealed a larger number of previous statutes.