493Action to perpetuate testimony

### 493 Action to perpetuate testimony > > (1)  Any person who, under the circumstances the person alleges exist, would become entitled on the happening of any future event to any honour, title, office or an estate or interest in any property, the right or claim to which cannot be brought to trial by that person before the happening of that event, may commence an action to perpetuate any testimony which may be material for establishing the right or claim. > > > (2)  The Crown may be a defendant in an action to perpetuate testimony in relation to any matter in which the Crown may have any estate or interest. > > > (3)  In any proceeding in which a deposition taken in any action in which the Crown was made a defendant may be offered in evidence, the deposition is admissible regardless of any objection on the ground that the Crown was not a party to the action in which depositions were taken. > > > (4)  A witness is not to be examined to perpetuate testimony unless an action has been commenced for that purpose. > > > (5)  An action to perpetuate the testimony of witnesses is not to be set down for trial but the evidence to be taken in the action may be taken by the Court or a judge or an examiner, as the Court or a judge may order.