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" ... that the examinant or deponent is beyond the jurisdiction of the court, or dead, or unable from permanent sickness or other permanent infirmity to attend the trial... "
Reports of Cases Argued and Determined in the Court of Common Pleas, and ... - Page 264
by Great Britain. Court of Common Pleas, Peregrine Bingham - 1834
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The Practice of the Courts of King's Bench and Common Pleas, in ..., Volume 2

William Tidd - Civil procedure - 1856 - 976 pages
...the same may be offered, unless it shall appear to the satisfaction of the judge, that the examinant or deponent, is beyond the jurisdiction of the court,...certified under the hand of the commissioners, master, prothonotury, or other person taking the same, shall and may, without proof of the signature to such...
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The Practice of the Law of Evidence

Edmund Powell - Evidence - 1856 - 456 pages
...by the commissioner, to be read in evidence at the trial, on proof that the deponent is at that time beyond the jurisdiction of the court, or dead, or...or other permanent infirmity, to attend the trial. The foundation of this privilege is in the 13 Geo. 3, c. 63, s. 40, which permitted the prosecutor...
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Report of Her Majesty's Commissioners Appointed to Consider the ..., Volume 4

Great Britain. Royal Commission on the Reform of the Judicial Establishments, Judical Procedure, and Laws of India - Justice, Administration of - 1856 - 172 pages
...without the consent of the party against whom the same may be offered, unless it be proved that the deponent is beyond the jurisdiction of the Court, or dead, or unable from sickness or infirmity to attend to be personally examined, or distant, without collusion, more than...
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Parliamentary Papers, Volume 5

Great Britain. Parliament. House of Commons - Great Britain - 1856 - 672 pages
...shall be proved to the Satisfaction of the Court to be either dead or out of the United 40 Kingdom, or unable, from permanent Sickness or other permanent Infirmity, to attend the Trial, or fraudulently or forcibly kept out of the Way by the Accused, his Deposition, provided that either...
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The Legal Observer, and Solicitors' Journal, Volume 52

Law - 1856 - 604 pages
...deponent shall be proved to the satisfaction of the Court to be either dead or out of the United Kingdom, or unable, from permanent sickness or other permanent infirmity, to attend the trial, or fraudulently or forcibly kept out of the way ,by the accused, his deposition, provided that either...
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Parliamentary Papers, Volume 25

Great Britain. Parliament. House of Commons - Bills, Legislative - 1856 - 612 pages
...without the consent of the party against whom the same may be offered, unless it be proved that the deponent is beyond the jurisdiction of the Court, or dead, or unable from sickness or infirmity to attend to be personally examined, or distant, without collusion, more than...
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A Practical Treatise on Divorce and Matrimonial Jurisdiction Under the Act ...

John Fraser Macqueen - Court rules - 1858 - 232 pages
...the reading of the depositions before such examiner until it be made to appear that the examinaiit is dead, or unable, from permanent sickness or other permanent infirmity, to attend in open court. The signature of the person taking the depositions need not be proved. CHAPTER XX. INTERVENTION...
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The Jurist, Volume 4, Part 2; Volume 22, Part 2

Law - 1859 - 658 pages
...appear to the satisfaction of the eonrt that the examinant or deponent is not in England or Wales, or is dead, or unable from permanent sickness or other permanent...examinations and depositions, certified under the hand of the commissioner, registrar, or other person taking the same, shall and may, without proof of the signature...
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The Principles and Practice of the Law of Evidence

Edmund Powell - Evidence (Law) - 1859 - 540 pages
...read in evidence at the trial, on proof that the deponent is at that time beyond the j urisdiction of the court, or dead, or unable from permanent sickness,...or other permanent infirmity, to attend the trial. The foundation of this privilege is in the 13 Geo. 3, c. 63, s. 40, which permitted the prosecutor...
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The Law of Evidence: Applicable to the Courts of the East India Company ...

John Bruce Norton - 1859 - 638 pages
...without the con•ent of the party against xvhom the same may be offered, unless it be proved that the deponent is beyond the jurisdiction of the Court, or dead, or unable from sickness or infirmity to attend to be personally examined, or distant, without collusion, more than...
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