sec.67Depositions of prisoners’ witnesses dying before trial—attendance of witnesses for prisoner

### sec.67 Depositions of prisoners’ witnesses dying before trial—attendance of witnesses for prisoner In every case where any witness who shall have been called and examined before the justice or justices by and on behalf of a party committed or held to bail shall happen to die before the trial and in cases in which the witness shall be so ill as not to be able to travel and in all cases in which the justices who committed the prisoner or held the prisoner to bail shall have certified before such committal or holding to bail that the evidence of the witness is material and that the prisoner is in their belief willing to attend the trial but will be unable to bear in the expense of attendance the deposition of such witness may be read in evidence to the jury in the prisoner’s defence if the party on trial shall so require. However, where any witness has in due time before the trial been subpoenaed by the Crown such certificate of such justices shall not render the deposition admissible. (sec.67-ssec.1) In every case where any witness who shall have been called and examined before the justice or justices by and on behalf of a party committed or held to bail shall happen to die before the trial and in cases in which the witness shall be so ill as not to be able to travel and in all cases in which the justices who committed the prisoner or held the prisoner to bail shall have certified before such committal or holding to bail that the evidence of the witness is material and that the prisoner is in their belief willing to attend the trial but will be unable to bear in the expense of attendance the deposition of such witness may be read in evidence to the jury in the prisoner’s defence if the party on trial shall so require. (sec.67-ssec.2) However, where any witness has in due time before the trial been subpoenaed by the Crown such certificate of such justices shall not render the deposition admissible.