[CAP. 8
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.
[29
duly taken.
40. The production from the custody of the proper officer of the certificate referred to in section 39 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.
[30]
deposition was not magistrate.
41. 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.
[31]
42. (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 deposition.
285
Power to take statement of person dangerously ill etc. and admissibility thereof.
30 & 31 Vict. c. 35, s. 6.
Evidence.
[CAP. 8
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.
[29
duly taken.
40. The production from the custody of the proper Prima facie
proof of officer of the certificate referred to in section 39 shall be examination having been 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 afore- said purporting to sign the same.
[30]
deposition
was not
magistrate.
41. No objection to the reception in evidence of the Objection that examination of any person shall be permitted to prevail on tendered the ground that the particular examination of such person signed by 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. [31]
42. (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
285
deposition
Power to take of person ill etc. and thereof.
dangerously
admissibility
30 & 31 Vict.
c. 35, s. 6.
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