EVIDENCE.
No. 2 of 1889.
453
by the Magistrate or other officer as aforesaid, so much of the evidence as would have been admissible, if the said person had been produced and examined before the said Court in the ordinary manner, shall be read and received in evidence.
examination
30. The production from the custody of the proper officer of prima facie the certificate referred to in section 29 shall be sufficient proof of proof of the signature of such Magistrate or other officer aforesaid, unless it is proved that such examination was not taken in manner aforesaid or was not in fact signed by the person examined or by the Magistrate or officer aforesaid purporting to sign the same.
duly taken.
*
that deposi-
31. No objection to the reception in evidence of the examination Objection of any person shall be permitted to prevail on the ground that the particular examination of such person was not signed by the was not signed by Magistrate or other officer as aforesaid, if it appears, in manner aforesaid, that the depositions wherein such examination was included were so signed.
t
ously ill, and
32. Whereas it may happen that a person, so dangerously ill Power to take deposi. that he is not likely to recover, and is unable to travel, may be tion of per- able to give material and important information relating to an son danger- indictable offence or to a person accused thereof, and it is desirable, in the interests of truth and justice, that means should be provided for perpetuating such testimony and for rendering the same available in cases of necessity :-—
recover and evidence in
to make it
certain events.
c. 35 s.
6.]
§
Whenever it is made to appear, to the satisfaction of any [30 & 31 Vict. Magistrate or Justice of the Peace, that any person dangerously ill, and, in the opinion of a medical practitioner, not likely to recover from such illness, and is unable to travel, is able and willing to give material information relating to an indictable offence or to a person accused thereof, it shall be lawful for the said Magistrate or any Justice of the Peace to take in writing his statement upon oath, and such Magistrate 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, assisting at the taking thereof, and, if the same relates to any indictable offence or to any offence for which any
As amended by No. 63 of 1911.
As amended by No. 62 of 1911.
As amended by No. 62 of 1911, No. 63 of 1911, No. 8 of 1912 and No. 22 of 1912.
N-
EVIDENCE.
No. 2 of 1889.
453
by the Magistrate or other officer as aforesaid, so much of the evidence as would have been admissible, if the said person had been produced and examined before the said Court in the ordinary manner, shall be read and received in evidence.
examination
30. The production from the custody of the proper officer of Primâ facie the certificate referred to in secțion 29 shall be sufficient proof of proof of the signature of such Magistrate or other officer aforesaid, unless having been it is proved that such examination was not taken in manner aforesaid or was not in fact signed by the person examined or by the Magistrate or officer aforesaid purporting to sign the same.
duly taken.
*
that deposi-
31. No objection to the reception in evidence of the examination Objection of any person shall be permitted to prevail on the ground that tion tendered the particular examination of such person was not signed by the was not
signed by Magistrate or other officer as aforesaid, if it appears, in manner Magistrate. aforesaid, that the depositions wherein such examination was in- cluded were so signed.
t
ously ill, and
32. Whereas it may happen that a person, so dangerously ill Power to
take deposi. that he is not likely to recover, and is unable to travel, may be tion of per- able to give material and important information relating to an son danger- indictable offence or to a person accused thereof, and it is desirable, not likely to in the interests of truth and justice, that means should be provided for perpetuating such testimony and for rendering the same avail- able in cases of necessity :-—
recover and evidence in
to make it
certain events.
c. 35 s.
6.]
§
Whenever it is made to appear, to the satisfaction of any [30 & 31 Vict. Magistrate or Justice of the Peace, that any person dangerously ill, and, in the opinion of a medical practitioner, not likely to recover from such illness, and is unable to travel, is able and willing to give material information relating to an indictable. offence or to a person accused thereof, it shall be lawful for the said Magistrate or any Justice of the Peace to take in writing his statement upon oath, and such Magistrate or Justice shall there- upon 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, assisting at the taking thereof, and, if the same relates to any indictable offence or to any offence for which any
As amended by No. 63 of 1911.
As amended by No. 62 of 1911.
As amended by No. 62 of 1911, No. 63 of 1911, No. 8 of 1912 and
No. 22 of 1912.
N-
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