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1. In every case where any person shall appear or be brought before any justice or justices charged with any indictable crime or offence, such justice or justices, before committing such person for trial or admitting him to bail, shall in the presence of such person, who shall be at liberty to put questions to any witness produced against him, take the depositions (A b.) on oath and in writing of those who shall know the facts of the case; and such depositions shall be read over to and signed respectively by the witnesses who shall have been so examined, and shall also be signed by the justice or one of the justices who shall take the same; and if upon the trial of the person so accused it shall be proved by the oath of any credible witness that any person whose deposition shall have been so taken is dead, and that such deposition was taken in the presence or hearing of the person accused, and that he or his counsel or attorney had an opportunity of cross-examining such witness, it shall be lawful to read such deposition as evidence on the trial, without further proof thereof, unless it shall be proved that the same was not signed by the justice purporting to have signed the same:
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2. Whenever the examination of the witnesses on the part of the prosecution shall have been completed, the justice or one of the justices present shall (without requiring the attendance of the witnesses) read or cause to be read to the person accused the several depositions, and then take down in writing the statement (A c.) of such person (having first cautioned him that he is not obliged to say anything unless he desires to do so, but that whatever he does say will be taken down in writing, and may be given in evidence against him on his trial); and whatever statement the said person shall then make in answer to the charge, shall, when taken down in writing, be read over to him, and shall be signed by the said justice or one of the justices present, and shall be transmitted to the clerk of the Crown or peace, as the case may be, along with the depositions, and afterwards, upon the trial, may, if necessary, and if so signed, be given in evidence against the person accused, without further proof thereof, unless it shall be proved that it was not signed by the justice purporting to sign the same; but nothing herein contained shall prevent the prosecutor from giving in evidence any admission or confession, or other statement made at any time by the person accused, and which would be admissible by law as evidence against such person:
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But if from the absence of any witnesses or from any other reasonable cause it shall become necessary or advisable to defer the examination or further examination of the witnesses for any time, it shall be lawful for the justice before whom the person accused shall appear or be brought, either to admit such person to bail in manuer herein-after provided, or by warrant (E b.) from time to time to remand such person to gaol for such time as the justice shall deem expedient, not exceeding eight clear days; but any such justice may order the said person to be brought before him or some other justice of the county, at any time before the expiration of the period for which he shall have been so remanded: Provided always, that at any time after the examinations in any proceedings for an indictable offence shall have been completed, and on or before the first day of the assizes or sessions or other first sitting of the court at which any person committed to gaol or admitted to bail is to be tried, such person may require, and shall be entitled to receive from the officer or person having the custody of the same, copies of the depositions on which he shall have been committed or bailed, (or copies of depositions taken at any inquest in case of murder or manslaughter,) on payment of a reasonable sum for the same, not exceeding a sum at the rate of three halfpence for each folio of ninety words.
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