the-ordinances-of-the-legislative-counci-1890 — Page 691

ORDINANCE No. 6 of 1864. 655


Depositions of Witnesses.


the said Court that the depositions, including the examination of such person, or a
copy thereof are in the custody of the said Court, and if it shall appear from the
perusal of such examination by the Presiding Judge that such examination contains
any statement to the effect, or from which it may fairly and reasonably be inferred, that
such person was examined before a Magistrate or other officer of Her Majesty to whom
the cognizance of the crime or offence appertained , and that the usual oath, affirmation
[or declaration was administered : Repealed by Ordinance No. 9 of 1864 and new words
substituted] to such person, prior to his examination, and that the examination was
taken in the presence of the accused , and that he or his counsel or attorney had a full
opportunity of cross-examining such person, and that the examination of such person
was reduced into writing and read over to the person examined, then, if such examination
purports to be signed by the person examined and by the Magistrate or other officer
by or before whom the same purports to be taken, it shall be lawful to read such
examination in evidence, without further proof of the matters in this section aforesaid,
unless it be 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.

4. No objection to the reception in evidence of the examination of any person No cbjection to
admissibility of
shall be permitted to prevail upon the ground that the particular examination of such examination in
evidence if
person was not signed by the Magistrate or other officer of Her Majesty as aforesaid, depositions
signed by the
if it shall appear, in manner aforesaid, that the depositions wherein such examination Magistrate, &c.,
notwithstanding
particular
was included, were so signed. examination not
so signed.
5. If, after the examination of all the witnesses on the part of the prosecution Ifparty accused
make a statement
before Magis
shall have been completed, before a Magistrate or other officer of Her Majesty to whom trate, &c., same
may be read in
the cognizance of the crime or offence appertained , any statement shall have been made evidence if
certain prelim
by the accused before such Magistrate or officer of Her Majesty as aforesaid , it shall inaries are com
plied with.
be lawful for the Supreme Court, and it is hereby required to allow such statement to
be read and received in evidence in such prosecution upon the Presiding Judge being
satisfied that the following conditions had been in each case complied with :

(1.) That prior to such statement having been made the Magistrate, or other
officer of Her Majesty to whom the cognizance of the crime or offence
appertained, had read or caused to be read, or, where necessary, had
translated, or cause to be translated to the accused , the depositions
taken against him.

(2.) That prior to such statement having been made the Magistrate, or other
officer of Her Majesty to whom the cognizance of the crime or offence
appertained, had addressed to the accused these words or words to the
like effect : " Having heard the evidence, do you wish to say anything in
answer to to the charge? You are not obliged to say anything unless
you desire to do so, but whatever you say will be taken down in writing
and may be given in evidence against you upon your trial."