EVIDENCE.
No. 2 of 1889.
303
Registrar of the Supreme Court, and in all other cases to the magistrates' clerk, who are respectively 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 said statement is proved to be dead, or if it is proved that there is no reasonable probability that such person will be able to attend and give evidence at the trial, it shall be lawful to read such statement in evidence, either for or against the person accused, 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 provided it is proved, to the satisfaction of the court, that reasonable notice of the intention to take such statement has been given to the person (whether prosecutor, or person accused) against whom it is proposed to be read in evidence, and that such person, or his counsel or solicitor, had or might have had, if he had chosen to be present, full opportunity of cross-examining the person who made the same.
(2) No such statement shall be rejected on the ground of any failure to comply with any of the provisions of sub-section (1) with regard to the notice or the caption unless the court is of opinion that the person accused was substantially prejudiced by such failure.
[s. 33, rep. Law Revision Ordinance, 1937.]
[ss. 34 and 35, rep. No. 8 of 1912; ss. 36 and 37, rep. No. 43 of 1912.]
PART IV.
COMMISSIONS TO TAKE EVIDENCE.
examination of witnesses in the Colony in relation to action pending before British court.
38.-(1) Where, on an application for this purpose, it is made to appear to the court or judge that any of His Majesty's courts or tribunals of competent jurisdiction outside the Colony has duly authorized, by commission, order, or other process, the obtaining the testimony in or in relation to any civil proceedings pending in or before such court or tribunal of any witness out of the jurisdiction of such court or tribunal and within the jurisdiction of the Supreme Court, it shall be lawful (cf. No. 3 of 1901, s. 326.)
EVIDENCE.
No. 2 of 1889.
303
Registrar of the Supreme Court, and in all other cases to the magistrates' clerk, who are respectively 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 said statement is proved to be dead, or if it is proved that there is no reasonable probability that such person will be able to attend and give evidence at the trial, it shall be lawful to read such statement in evidence, either for or against the person accused, 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 provided it is proved, to the satisfaction of the court, that reasonable notice of the intention to take such statement has been given to the person (whether prosecutor, or person accused) against whom it is proposed to be read in evidence, and that such person, or his counsel or solicitor, had or might have had, if he had chosen to be present, full opportunity of cross-examining the person who made the
same.
(2) No such statement shall be rejected on the ground of any failure to comply with any of the provisions of sub-section (1) with regard to the notice or the caption unless the court is of opinion that the person accused was substantially prejudiced by such failure.
[s. 33, rep. Law Revision Ordinance, 1937-]
[ss. 34 and 35, rep. No. 8 of 1912; ss. 36 and 37, rep.
No. 43 of 1912.]
PART IV.
COMMISSIONS TO TAKE EVIDENCE.
examination of witnesses
in the Colony action pend- ing before
in relation to
38.-(1) Where, on an application for this purpose, it is Order for made to appear to the court or judge that any of His Majesty's courts or tribunals of competent jurisdiction outside the Colony has duly authorized, by commission, order, or other process, the obtaining the testimony in or in relation to any civil proceedings pending in or before such court or tribunal of any 22 Vict. witness out of the jurisdiction of such court or tribunal and c. 20, s. 1. within the jurisdiction of the Supreme Court, it shall be lawful (cf. No. 3 of for the court or judge to order the examination before the 326.]
British court.
1901, s.
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