the-ordinances-of-the-legislative-counci-1890v2 — Page 515

EVIDENCE CONSOLIDATION. [ 2 of 1889. ] 1103

accused and it is desirable in the interests of truth and justice [30 and31 V.
c. 35 , s. 6.]
that means should be provided for perpetuating such testimony,
and for rendering the same available in the event of the death
of the person, whenever it shall be made to appear to the satis
faction of any Magistrate or Justice of the Peace that any person
dangerously ill, and in the opinion of some registered medical
practitioner, not likely to recover from such illness, is able and
willing to give material information relating to an indictable
offence or relating to any person accused of any such offer.ce,
and it shall not be practicable for any Magistrate or other officer
of Her Majesty as aforesaid to take an examination or deposition
in accordance with the provisions of said sections 32 and 33 of
this ordinance of the person so being ill, it shall be lawful for
the said Magistrate or any Justice of the Peace to take in writ
ing the statement on oath , affirmation , or declaration of such
person so being ill , and such Magistrate or Justice shall there
upon 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 ) present at the taking thereof,
and , if the same shall relate to any indictable offence or for
which any accused person is already committed or bailed to
appear for trial, shall transmit the same with the said addition
to the proper officer of the Court for trial at which such prisoner
or accused sball have been so committed or bailed ; and in all
other cases he shall transmit the same to the Registrar of the
Supreme Court who is bereby required to preserve the same,
and file it for record ; and if afterwards, upon the trial of any
offender or offence to which the same may relate, the person
who made the same statement shall be proved to be dead, or if
it shall be proved that there is no reasonable probability that
such person will ever be able to travel or to give evidence, it
shall be lawful to read such statement in evidence, either for or
against the prisoner or accused, without further proof thereof,
if the same purports to be signed by the Magistrate or Justice
by or before whom it purports to be taken, and provided it be
proved to the satisfaction of the Court that reasonable notice of
the intention to take such statement has been served upon the
person (whether prosecutor or prisoner, or accused ) against
whom it is proposed to be read in evidence and that such person,
or his counsel or solicitor, had or might have had , if he had
chosen to be present, full opportunity of cross -examining the
deceased person who made the same.
36. Whenever a prisoner in actual custody shall bave been provision for
served with or shall have received notice of an intention to take the prisoner
being present
such statement as in the last section mentioned, the Judge or atstatement
taking of
.