the-ordinances-of-the-legislative-counci-1890v2 — Page 514

1104 [ 2 or 1889. ] EVIDENCE CONSOLIDATION .

What shall be
deemed
33. If the Attorney-General, or other person conducting aa
primâ facie prosecution in criminal proceedings on behalf of the Crown ,
proof of
( xamination shall at the trial of any person accused apply to the Court for
having been leave to read as evidence, in such prosecution , the examination
duly taken .
No. 6 of of any person , and it shall appear from the Registrar or Deputy
1864, s. 3. ] Registrar or other proper officer of 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 staternent to the
effect or from which it may fairly and reasonably be in ferred ,
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, declara
tion , or warning was administered to, inade by, or given to such
person , prior to his examination, and that the examination was
taken in the presence of the prisoner or accused , and that he or
his counsel or solicitor was asked to cross -examine and had a
full opportunity of cross-examining or did actually cross-examine
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.
No objection 34. No objection to the reception in evidence of the exami
to admissibi; nation of any person shall be permitted to prevail upon the
evi- ground that the particular examination of such person was not
nation ifindepo
sitions signed signed by the Magistrate or other officer of Her Majesty as
bythe, & Magis
., - aforesaid , if it shall appear, in manner aforesaid, that the deposi
notwithstand- tions wherein such examination was included, were so signed .
ing particular
examination
not so signed .
No. 6 of
1861, s. 4. )
Power to take 35. And whereas it may happen that a person dangerously
deposition of ill and unable to travel, may be able to give material and im
gerously ill ,
and not likely portant information relating to an indictable offence or to a .
to recover ,
person accused thereof, and it may not be practicable or permis
and to make sible to take in accordance with the provisions of the foregoing
evidence in
certain sections 32 and 33 the examination or deposition of the person
,
Grannsofftech so being ill , so as to make the same available as evidence in the
person . event of his or her death before the trial of the prisoner or