In what cages.
Extent of following Rules.
Depositions.
Questions by accused,
Signature of deposition.
Witness dead or ill,
Variance of evidence.
How to be taken.
89
RULES OF SUPREME COURT
to him, and does not excuse his refusal to the satisfaction of the Court, then the Court may, by warrant, commit him to prison, there to remain for not more than seven days, unless he in the meantime consents to answer duly on oatli.
Issuing, &c., of Warrant on Sunday or Holyday.
289. A warrant for apprehension or commitment or other purpose, or a search warrant, may be issued and may be executed on a Sunday, Good Friday, or Christmas Day, as well as on any other day, where the urgency of the case so requires.
II. PROCEEDINGS BY PRELIMINARY EXAMINATION AND INDICTMENT..
290. The following Rules (under the sub-heading "Proceedings by Preliminary Examination and Indictment") apply exclusively to cases where the charge is to be heard and determined not in a summary way, but on indictment.
Preliminary Examination.
291. Where the accused comes before the Court on summons or warrant, or otherwise, the Court before committing him to prison for trial, or admitting him to bail, shall, in his presence, take the depositions on oath of those who know the facts and circumstances of the case, and shall put the same in writing.
292. The accused shall be at liberty to put questions to any witness produced against him, and the statements of any witness in answer thereto shall form part of that witness's deposition.
293. The deposition of each witness shall be read over to the witness, and shall be signed by him.
294. If on the trial of the accusel it is proved on oath that any per- son whose deposition has been taken is dead, or is so ill as not to be able to travel, and that his deposition was taken in the presence of the accused, and that he or his counsel or attorney cross-examined, or had full oppor- tunity of cross-examining the witness, the deposition may be read as evidence in the prosecution without further proof thereof.
295. No objection at the preliminary examination to any charge, summons, or warrant, for any defect in substance or form, or for any variance between it and the evidence adduced on the part of the prosecu- tion, shall be allowed: but if any variance appears to the Court to be such that the accused has been thereby deceived or misled, the Court may, on the request of the accused, adjourn the examination, and in the meantime remand the accused or admit him to bail.
Statement of Accused.
296. After the examination of all the witnesses on the part of the prosecution is completed, the Court shall, without requiring the attendance of the witnesses, read over to the accused the depositions taken against him, and shall then say to him these words:
you
"Having heard the evidence, do you wish to say anything in answer to the charge? You are not obliged to say anything unless desire to do so, but whatever you say will be taken down in writing, and may be given in evidence against you on your trial. And I give you clearly to understand that you have nothing to hope from any promise of favour, and nothing to fear from any threat that may have been held out to you to induce you to make any admission or confession of your guilt; but whatever you now say may be given in evidence against you upon your trial, notwithstanding such promise or threat."
Whatever the accused then says in answer thereto shall be taken down in writing, and shall be read over to him, and shall be kept with the