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The Court of King’s Bench, on motion, may award a writ of mandamus to any court of judicature, or the governor, &c. of the country where the offence was committed, to obtain proofs of the matters charged in the indictment; which shall be obtained by viva voce evidence, and the same shall be transmitted to the Court of King’s Bench, and admitted on the trial &c.
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2. And . . . in all cases of indictments found or informations exhibited under and by virtue of this Act, it shall be lawful for his Majesty’s said Court of King’s Bench, upon motion to be made, and such notice thereof as to the said Court of King’s Bench may appear to be sufficient, by or on behalf of his Majesty’s attorney general or other prosecutor, or of the defendant or defendants, to award, at the discretion of the said court, a writ or writs of mandamus to any chief justice and judges, or any chief justice or other judge singly for the time being, of any court or courts of judicature in the country or island, or near to the place where the crime, offence, or misdemeanor shall be charged in such indictment or information to have been committed, or to any governor or lieutenant governor or other person having any chief authority in such country, island, or place, or to any other person or persons residing there, as the case may require, and as to the said Court of King’s Bench may, under all the circumstances of the case, seem most expedient, for the purpose of obtaining and receiving proofs concerning the matters charged in any such indictment or information; and the person or persons to whom such writ or writs shall be directed and sent are hereby respectively authorized and required to hold a court, session, or meeting, with all convenient speed, for the examination of witnesses and receiving other proofs concerning the matters charged in such indictment or information respectively, and in the meantime to cause publick notice to be given of the holding the said court, session, or meeting, and to issue such summons or other process as may be requisite for the attendance of witnesses, and to adjourn from time to time as occasion may require; and such examination or examinations shall be then and there openly and publickly taken viva voce in the said court, session, or meeting, upon questions put by any such prosecutor or prosecutors, defendant or defendants, or any agent or agents, person or persons, on behalf of the said attorney general or other prosecutor or prosecutors, and defendant or defendants respectively, if any such shall attend for that purpose and by the court, person or persons to whom such writ shall be directed and sent as aforesaid, upon the respective oaths of witnesses, and the oaths of skilful interpreters if necessary, administered according to the forms of their several religions, and shall, by some officer or person sworn for that purpose, be reduced into writing on parchment or paper, and in case any duplicate or duplicates shall be required by or on behalf of the prosecutor, or the defendant or defendants respectively, into two or more writings on parchment or paper, as the case may require; and such examination or examinations shall be sent to his Majesty in his Court of King’s Bench closed up, and under the seal or seals of the person or persons before whom such examination or examinations as aforesaid shall have been taken; and the person or persons taking such examination or examinations as aforesaid shall deliver the same to any person or persons appointed by the said Court of King’s Bench to receive the same, or shall transmit the same in such manner as the said Court of King’s Bench shall direct; and all such examinations shall, with all convenient speed, be delivered to one of the clerks in court of his Majesty’s Court of King’s Bench, in the Crown office of the said court, for the safe custody thereof; and every clerk in the said Court of King’s Bench, to whom any examination or examinations shall be delivered, is hereby authorized to administer an oath to the person delivering the same to him, in such form as the said Court of King’s Bench shall direct; and such examination or examinations shall be allowed and read upon the trial of any such indictment or information, or any other subsequent proceeding thereon or relating thereto, and shall be deemed as good and competent evidence as if the witness or witnesses, whose examination or examinations shall be so read, had been present and sworn and examined viva voce at such trial, any law or usage to the contrary notwithstanding, saving all just exceptions to be taken to any such examination or examinations, or any part thereof, when the same shall be offered to be read as aforesaid; and all persons concerned shall be entitled to take copies of such examinations in the custody of such clerk in court at their own costs and charges.
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