414
No. 2 of 1889.
EVIDENCE.
Admissibility in evidence in criminal of person dead, etc.
Vic c. 42, s. 17.
PART III.
DEPOSITIONS.
29. Whenever it is proved by the oath of any credible witness, or in any other manner whatsoever it appears, to the satisfaction of the Supreme Court, that the Attorney General, or other person conducting a prosecution on behalf of the Crown, is unable to produce at the trial any person as a witness; in consequence of the death of such person, or of his absence from the Colony, or of the impracticability of serving process on him, or of his being so ill as not to be able to travel, or of his being insane, or of his being kept out of the way by means of the procurement of the person accused, or of his being resident in a country the laws of which prohibit his absenting himself therefrom, or which he refuses to quit after application made to him in that behalf or because he cannot be found at his last-known place of residence in the Colony; and if it also appears from the certificate of the magistrate or other officer hereinafter mentioned that such person was examined before a magistrate, or other officer to whom the cognizance of the offence appertained, and that the usual oath was administered to him prior to his examination, and that the examination was taken in the presence of the person accused, and that he, or his counsel or solicitor, had a full opportunity of cross-examining such person, and that the evidence so taken was reduced into writing and read over to and signed by him and also 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.
Prima facie proof of examination having been duly taken.
Objection that 1- +
30. The production from the custody of the proper officer of the certificate referred to in section 29 shall be sufficient 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.
31. No objection to the reception in evidence of the examination of any person shall be permitted to prevail on the ground that the particular examination of such person tendered was not signed by the magistrate.
* As amended by No. 20 of 1922.
was ne if it ap such e
32. When there is reason to believe that a person who has made a statement may be in danger of being called as a witness in connection with an offence materially affecting the inquiry or trial, the magistrate may, if he thinks it expedient in the interests of justice, give notice to such person or to his legal representative that he should attend at the said magistrate's court to have his statement taken down, and such person shall thereupon attend at the time and place specified in the notice, and his statement shall be taken down in writing and read over to him, and shall be signed by him. If such person fails to attend at the time and place specified in the notice, or refuses to have his statement taken down, or to sign the same, it shall be lawful for the magistrate to issue a warrant to bring such person before him to have his statement taken down and signed.
is no.: to atter read s person purpor before proved notice served at against such P
414
No. 2 of 1889.
EVIDENCE.
Admissibility in evidence in criminal
of person dead, etc.
Vic
c. 42, s. 17.
PART III.
DEPOSITIONS.
29. Whenever it is proved by the oath of any credible witness, or in any other manner whatsoever it appears, to the proceedings satisfaction of the Supreme Court, that the Attorney General, of deposition or other person conducting a prosecution on behalf of the Crown, is unable to produce at the trial any person as a witness; in consequence of the death of such person, or of his absence from the Colony, or of the impracticability of serving process on him, or of his being so ill as not to be able to travel, or of his being insane, or of his being kept out of the way by means of the procurement of the person accused, or of his being resident in a country the laws of which prohibit his absenting himself therefrom, or which he refuses to quit after application made to him in that behalf or because he cannot be found at his last-known place of residence in the Colony; and if it also appears from the certificate of the magistrate or other officer hereinafter mentioned that such person was examined before a magistrate, or other officer to whom the cognizance of the offence appertained, and that the usual oath was administered to him prior to his examination, and that the examination was taken in the presence of the person accused, and that he, or his counsel or solicitor, had a full opportunity of cross-examining such person, and that the evidence so taken was reduced into writing and read over to and signed by him and also 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.
Prima facie proof of examination
having been duly taken.
Objection
that 1-
+
30. The production from the custody of the proper officer. of the certificate referred to in section 29 shall be sufficient 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.
31. No objection to the reception in evidence of the examination of any person shall be permitted to prevail on tendered was the ground that the particular examination of such person
deposition
not signed by magistrate.
* As amended by No. 20 of 1922.
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