CAP. 8]
Interpretation and savings.
6 of 1939, s. 2.
Evidence.
38. (1) In sections 33 to 37—
"document" includes books, maps, plans, drawings and
photographs;
"statement" includes any representation of fact, whether
made in words or otherwise;
"proceedings" includes arbitrations and references, and
"court" shall be construed accordingly.
(2) Nothing in sections 33 to 37 shall—
(a) prejudice the admissibility of any evidence which would apart from the provisions of the said sections be admissible; or
(b) enable documentary evidence to be given as to any declaration relating to a matter of pedigree, if that declaration would not have been admissible as evidence if the said sections had not been enacted. [28F
Admissibility in evidence
in criminal proceedings of deposition of person dead, etc.
11 & 12 Vict. c. 42, s. 17.
PART III.
DEPOSITIONS.
39. 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
284
CAP. 8]
Interpretation and savings.
6 of 1939, s. 2.
Evidence.
38. (1) In sections 33 to 37—
"document" includes books, maps, plans, drawings and
photographs;
"statement" includes any representation of fact, whether
made in words or otherwise;
"proceedings" includes arbitrations and references, and
"court" shall be construed accordingly.
(2) Nothing in sections 33 to 37 shall—
(a) prejudice the admissibility of any evidence which would apart from the provisions of the said sections. be admissible; or
(b) enable documentary evidence to be given as to any declaration relating to a matter of pedigree, if that declaration would not have been admissible as evidence if the said sections had not been enacted. [28F
Admissibility în evidence
in criminal proceedings of deposition of person dead, etc.
11 & 12 Vict. c. 42, s. 17.
PART III.
DEPOSITIONS.
39. 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 examina- tion, 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
284
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