the-ordinances-of-the-legislative-counci-1890v2 — Page 516

1106 [ 2 of 1889. ] EVIDENCE CONSOLIDATION .


[30 and 31 V. Magistrate by whom the prisoner was committed, or the visiting
c. ,
35, s. 7.] justices of the prison in which he is confined, may, by an order
in writing , direct the gaoler having the custody of the prisoner
to convey him to the place mentioned in the said notice for the
purpose of being present at the taking of the statement; and
such gaoler shall convey the prisoner accordingly, and the
experses ( if any ) of such conveyance shall be paid out of the
funds applicable to the other expenses of the prison froin which
the prisoner shall have been conveyed .
Examination 37. All examinations in pursuance of Ordinance No. 18 of
by Magis.
trate , evi . 1873 by the committing magistrate of any prisoner or accused
dence attrial. who is thereafter committed for trial at the Criminal Sessions
No. 18 of
1873 , 8. 4 of the Supreme Court shall be laid by the Judge as evidence
Indian Cri
minal Code before the jury at the trial.
No. 10 of
1872, s. 249.]
[ See No. 10 of
1890, 1st
schedule .]
Answers of
prisoner and 38. The answers given by any prisoner or accused to any
accused . questions put to him by the judge during the trial before the
( No. 18 of
1873 , s. 7 Supreme Court in pursuance of Ordinance No. 18 of 1873 may
Indian Cri be put in or treated as evidence in the case in the discretion of
minal Code
No. 10 of the judge.
1872, s. 193. ]
Statement of 39. In case of proceedings with a view to committal for trial
accused, when
receivable in at the Supreme Court, if after the examination of all the wit
evidence.
( No. 6 of nesses on the part of the prosecution shall have been completed
1864. s.5,11
and 12 V. c.
before a Magistrate or other officer of Her Majesty to whom
42 , s. 18. ] the cognizance of the crime or offence appertained , any volun
tary statement shall have been made by the prisoner or accused
before such Magistrate or officer of Her Majesty as aforesaid , it
shall be lawful for any Judge of the Supreme Court, and he is
hereby required to allow such statement to be read and received
in evidence at such trial 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,
bad read or caused to be read, or, where necessary ,
had translated , or caused to be translated to the pri
soner or accused, the depositions taken against hiin.
( 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 prisoner or accused these
words, or words to the like effect : “ Having heard