the-ordinances-of-the-legislative-counci-1890 — Page 692

656 ORDINANCES Nos . 6 AND 7 OF 1864 .


Depositions of Witnesses. Compilation of Ordinances.


(3.) 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 given the accused clearly to understand that he had
nothing to hope from any promise of favour, and nothing to fear from
any threat which might have been held out to him to induce him to
make any admission or confession of his guilt, but that whatever he
then said might be given in evidence against him upon his trial
notwithstanding such promise or threat.
(4.) That what the prisoner answered thereto was taken down in writing and
read over to him.
(5.) That the said statement had been kept with, and at the time of the
application to receive the same in evidence was in the custody of the
Supreme Court in the same manner as, the depositions of the witnesses
which had been taken in the same matter.
Provided nevertheless, that nothing herein enacted or contained shall prevent the
Attorney General, or other person conducting a criminal prosecution on behalf of the
Crown from giving in evidence any admission or confession or other statement of the
person accused, made at any time, which by law would be admissible as evidence
against such person .
What shall be 6. If the Attorney General, or other person conducting a criminal prosecution,
deemed a primă
facie proof of on behalf of the Crown shall at the trial of any person accused apply to the Court for
statement having
been duly taken, leave to read as evidence in such prosecution the statement of such person, and it shall
&c.
appear from the Registrar or Deputy Registrar or other competent officer of the said
Court that the depositions including the statement of such person or a copy thereof are
in the custody of the said Court, and if such statement shall appear to have been duly
taken and in compliance with the conditions by the last section imposed, then if such
statement purports to be signed by the Magistrate or other officer by or before whom
.
the same purports to be taken , it shall be lawful to read such statement in evidence
without further proof of the matters in the section last aforesaid, unless it be proved
that such statement was not duly taken , or was not in fact signed by the Magistrate or
officer aforesaid purporting to sign the same.

[ All repealed by Ordinance No. 2 of 1889. ]



No. 7 of 1864 .

Title. An Ordinance for compiling a New Edition of the Ordinances
of this Colony.
[ 30th April, 1864. ]
Preamble. HEREAS it is expedient that measures should be adopted for pre
paring a new edition of the Ordinances of this Colony wherefrom
should be omitted all Ordinances or parts of Ordinances as have expired