the-ordinances-of-the-legislative-counci-1890v2 — Page 513

EVIDENCE CONSOLIDATION . [ 2 of 1889. ) 1103


evidence without proof of any such seal and signature being the V.(18c.and 19
42, s. 3
seal and signature of the person whose seal and signature the No.7 of1857 ,
same purports to be, or of the official character of such person. 6. 1.]
31. All courts, judges, magistrates, justices of the peace, Courts to take
officers of the courts, commissioners acting judicially and other judicial
judicial officers within the Colony shall henceforth take judicial signature of
notice of the signatureof the Judges ofthe Supreine Court and
of the Judges of the Vice -Admiralty Court * : provided such 18Court,
and &9 c.
V. c.
signature be attached or appended to any decree, judgment, 113, s.2.)
order, certificate, or other judicial or official document. [ * See53and
54 V. c. 27. ]
PART IV.
DEPOSITIONS .
32. Whenever it shall be proved , by the oath affirmation or Deposnsition s of
declaration of any credible witness ,, or shall in any other manner perso
bave diedwhoor
whatsoever , appear to the satisfaction of the Supreme Court, who
absentare
or who
that the Attorney General, or other person conducting a from other
prosecution in criminal proceedings on behalf of the Crown, is cause
specified
cannot
unable to produce at the trial of the prisoner or accused , any be produced
person as a witness, in consequence of the death of such person, as witnesses
or of his absence from the Colony, or of the impracticability of criminal
serving process upon him , or of his being so ill as not to be able may
prosecution,
, in
to travel, or of his being insane, or of his being kept out of the becertain cases,
read in
way by means of the procurement of the prisoner or accused ,or evidence.
of his being domiciled in a country, the laws of which prohibit (No., 6. of2 ,
his absenting himself therefrom , or which he shall refuse to quit and 12 v. c.11
after application made to him in that behalf ; and if it also 42,s. 17.]
appear 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 , affirma
tion , declaration , or warning was administered to, made by, or
given to such person prior to his examination , and that the
examination was taken in the presence ofthe prisoner or arcused ,
and that he or his counsel or solicitor was asked if he wished
to cross -examine and had aa full opportunity of cross-examining
or did actually cross -examine such person, and that the examina
tion of such person was reduced into writing and read over to
and signed by the person examined, and also by the Magistrate
or other officer of Her Majesty as aforesaid , and that such
examination or a copy thereof is in the custody of the Supreme
Court, it shall be lawful for the Supreme Court and it is hereby
required to allow to be read and received in evidence, in such
prosecution, so much of the examination so taken as aforesaid
as would have been admissible, according to the law and practice
of the Supreme Court, had the said person been produced and
examined before the said Court, in the ordinary and accustomed
manner .