the-ordinances-of-the-legislative-counci-1890v2 — Page 517

EVIDENCE CONSOLIDATION . [ 2 or 1889.) 1107


the evidence, do you wish to say anything in answer
to the charge? You are not obliged to say anything
unless youl desire to do so, but whatever you say
will be taken down in writing and may be given in
evidence against you upon your trial;
( 3. ) That prior to such statement having been made the
Magistrate, or other officer of ler Majesty to whom
the cognizance of the crime or offence appertained,
had given the prisoner or accused clearly to under
stand that he had nothing to hope from any promise
of favour, and noihing to fear from any threat which
might have been lield out to him to induce him to
inake any admission or confession of his guilt, but
that whatever he then said might be given in evi
dence against him upon bis trial notwithstanding
such promise or threat ;
( 4. ) That what the prisoner or accused answered thereto
was taken down in writing and read over to him ;
( 5. ) That the said stateinent 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 wit
nesses 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 prosecution in criminal proceedings on behalf of the Crown
froin giving in evidence any admission or confession or other
statement of the prisoner or accused, inade at any time, which
by law would be admissible as evidence against such person .
40. If the Attorney General or other person conducting a Primâ facie
prosecution in criminal proceedings on behalf of the Crown the proof of state
ment duly
prisoner or accused or his counsel shall at thetrial of any prisoner taken.
or accused apply to the Court for leave to read as evidence in such 5.[No.6
6. ] of 1864,
prosecution the statement of such person mentioned in the last
section , and it shall appear from the Registrar or Deputy Re
gistrar 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 state
ment shall appear to have been duly taken in compliance with
the conditions by the last section imposed, then it such state
ment 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 .