302
No. 2 of 1889.
EVIDENCE.
Prima facie proof of examination having been duly taken.
Objection that deposition tendered was not signed by magistrate.
Power to take deposition of person dangerously ill and not likely to recover, and to make it evidence in certain events.
30 & 31 Vict. c. 35, s. 6.
*
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.
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 was not signed by the magistrate or other officer as aforesaid, if it appears, in manner aforesaid, that the depositions wherein such examination was included were so signed.
32. (1) Whereas it may happen that a person, who is dangerously ill, and unable to travel, may be able to give material and important information relating to an 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:
Whenever it is made to appear, to the satisfaction of any magistrate or justice of the peace, that any person who is dangerously ill and 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 offence for which any accused person is already committed or bailed to appear for trial, shall transmit the same with the said addition to the
* As amended by Law Rev. Ord., 1937.
302
No. 2 of 1889.
EVIDENCE.
Prima facie proof of examination
having been duly taken.
Objection that deposition tendered was not
signed by magistrate.
Power to take deposition of person
dangerously ill and not likely to
recover, and
to make it -evidence in
certain
events.
30 & 31 Vict. c. 35, s. 6.
*
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.
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 ex- amination of any person shall be permitted to prevail on the ground that the particular examination of such person was not signed by the magistrate or other officer as aforesaid, if it appears, in manner aforesaid, that the depositions wherein such examination was included were so signed.
32. (1) Whereas it may happen that a person, who is dangerously ill, and unable to travel, may be able to give material and important information relating to an 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:
Whenever it is made to appear, to the satisfaction of any magistrate or justice of the peace, that any person who is dangerously ill and 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 offence for which any accused person is already committed or bailed to appear for trial, shall transmit the same with the said addition to the
* As amended by Law Rev. Ord., 1937.
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