A.D. 1889.]
EVIDENCE.
[No. 2.
639
that deposi was not
31. No objection to the reception in evidence of the examination of Objection any person shall be permitted to prevail on the ground that the par- tion tendered ticular examination of such person was not signed by the Magistrate or other officer of Her Majesty as aforesaid, if it appears, in manner aforesaid, that the depositions wherein such examination was included were so signed.
(dangerously ill, and not likely to recover, and to make it evidence in certain events, after death of such person.
c. 35 s. 6.
32. Whereas it may happen that a person dangerously ill and unable Power to take deposi "to travel may be able to give material and important information relat- tion of person ing to an indictable offence or to a person accused thereof, and it may not be practicable or permissible to take, in accordance with the provi- sions of sections 29 and 30, the examination or deposition of the person so being ill, so as to make the same available as evidence in the event of his death before the trial of the prisoner or accused person, and it is desirable, in the interests of truth and justice, that means should be pro- vided for perpetuating such testimony and for rendering the same avail- able in the event of the death of such person, whenever it is made to appear, to the satisfaction of any Magistrate or Justice of the Peace, that any person dangerously ill, and, in the opinion of some registered medi- cal practitioner, not likely to recover from such illness, is able and wil- ling to give material information relating to an indictable offence or to a person accused thereof and it is not practicable for any Magistrate or other officer of Her Majesty as aforesaid to take an examination or deposition, in accordance with the provisions of the said sections 29 and 30, of the person so being ill, it shall be lawful for the said Magistrate or any Justice of the Peace to take in writing the statement upon oath, affirmation, or declaration of such person so being ill, and such Magis- trate or Justice shall thereupon subscribe the same, and shall add thereto by way of caption a statement of his reason for taking the same, and of the day and place when and where the same was taken, and of the names of the persons, if any, present at the taking thereof, and, if the same relates to any indictable offence or for which any accused person is already committed or bailed to appear for trial, shall transmit the same, with the said addition, to the proper officer and in all other cases he shall transmit the same to the Registrar of the Supreme Court, who is hereby required to preserve the same and file it for record; and if afterwards, on the trial of any offender or offence to which the same may relate, the person who made the same statement is proved to be dead, or if it is proved that there is no reasonable probability that such person will ever be able to travel or to give evidence, it shall be lawful to read such statement in evidence, either for or against the prisoner or accused per- son, without further proof thereof, if the same purports to be signed by the Magistrate or Justice by or before whom it purports to be taken, and
Page 10
Page 11
A.D. 1889.]
EVIDENCE.
[No. 2.
639
that deposi
was not
31. No objection to the reception in evidence of the examination of Objection any person shall be permitted to prevail on the ground that the par- tion tendered ticular examination of such person was not signed by the Magistrate or
signed by other officer of Her Majesty as aforesaid, if it appears, in manner Magistrate. aforesaid, that the depositions wherein such examination was included were so signed.
(langerously ill, and not
likely to
recover, and to make it
evidence in
certain events, after death of such
person.
c. 35 s. 6.
32. Whereas it may happen that a person dangerously ill and unable Power to
take deposi "to travel may be able to give material and important information relat- tion of person
ing to an indictable offence or to a person accused thereof, and it may not be practicable or permissible to take, in accordance with the provi- sions of sections 29 and 30, the examination or deposition of the person so being ill, so as to make the same available as evidence in the event of his death before the trial of the prisoner or accused person, and it is desirable, in the interests of truth and justice, that means should be pro- vided for perpetuating such testimony and for rendering the same avail- 30 & 31 Tiet. able in the event of the death of such person, whenever it is made to appear, to the satisfaction of any Magistrate or Justice of the Peace, that any person dangerously ill, and, in the opinion of some registered medi- cal practitioner, not likely to recover from such illness, is able and wil- ling to give material information relating to an indictable offence or to a person accused thereof and it is not practicable for any Magistrate or other officer of Her Majesty as aforesaid to take an examination or deposition, in accordance with the provisions of the said sections 29 and 30, of the person so being ill, it shall be lawful for the said Magistrate or any Justice of the Peace to take in writing the statement upon oath, affirmation, or declaration of such person so being ill, and such Magis- trate or Justice shall thereupon subscribe the same, and shall add thereto by way of caption a statement of his reason for taking the same, and of the day and place when and where the same was taken, and of the names of the persons, if any, present at the taking thereof, and, if the same relates to any indictable offence or for which any accused person is already committed or bailed to appear for trial, shall transmit the same, with the said addition, to the proper officer and in all other cases he shall transmit the same to the Registrar of the Supreme Court, who is hereby required to preserve the same and file it for record; and if afterwards, on the trial of any offender or offence to which the same may relate, the person who made the same statement is proved to be dead, or if it is proved that there is no reasonable probability that such person will ever be able to travel or to give evidence, it shall be lawful to read such statement in evidence, either for or against the prisoner or accused per- son, without further proof thereof, if the same purports to be signed by the Magistrate or Justice by or before whom it purports to be taken, and
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