[Home] [Databases] [World Law] [Search] [Feedback]
	Northern Irish Legislation
You are here:  BAILII >> Databases >> Northern Irish Legislation >> MERCHANT SHIPPING ACT 1894

[Index] [Table] [Search] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

MERCHANT SHIPPING ACT 1894 - SECT 691

Offences committed by British seammen at foreign ports to be within Admiralty jurisdiction.

691.(1) Whenever in the course of any legal proceeding instituted in any part
of Her Majesty's dominions before any judge or magistrate, or before any
person authorised by law or by consent of parties to receive evidence, the
testimony of any witness is required in relation to the subject matter of that
proceeding, then upon due proof, if the proceeding is instituted in the United
Kingdom that the witness cannot be found in that kingdom, ..., any deposition
that the witness may have previously made on oath in relation to the same
subject matter before any justice or magistrate in Her Majesty's dominions, or
any British consular officer elsewhere, shall be admissible in evidence,
provided that

(a)if the deposition was made in the United Kingdom, it shall not be
admissible in any proceeding instituted in the United Kingdom; and

(c)if the proceeding is criminal it shall not be admissible, unless it was
made in the presence of the person accused.

(2) A deposition so made shall be authenticated by the signature of the judge,
magistrate, or consular officer before whom it is made; and the judge,
magistrate, or consular officer shall certify, if the fact is so, that the
accused was present at the taking thereof.

(3) It shall not be necessary in any case to prove the signature or official
character of the person appearing to have signed any such deposition, and in
any criminal proceeding a certificate under this section shall, unless the
contrary is proved, be sufficient evidence of the accused having been present
in manner thereby certified.

(4) Nothing herein contained shall affect any case in which depositions taken
in any proceeding are rendered admissible in evidence by any Act of
Parliament, ..., or to interfere with the practice of any court in which
depositions not authenticated as hereinbefore mentioned are admissible.

Conveyance of offenders and witnesses to United Kingdom or British possession.

© 1894 Crown Copyright

BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback
URL: http://www.bailii.org/nie/legis/num_act/msa1894185/s691.html