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P-15 - Summary Convictions Act

Section 39
Disposition versions

Full text
39. The depositions shall not be taken down in writing; nevertheless, they shall be so taken down, if the Attorney General or his representative requires it, and, in such case, the costs occasioned thereby shall not be taxable.
On the application of the prosecution or of the defence, the justice of the peace may cause the depositions to be taken down in writing, by stenography or in any other manner authorized by the Government, if the party applying therefor assumes the costs thereof, and such costs shall not be taxable.
The depositions need not be signed by the witnesses; it shall suffice if they be signed by the justice of the peace or if their correctness be attested by the stenographer under the oath he is obliged to take before taking down such depositions.
Whenever the depositions are taken down by an official court stenographer, duly sworn in as such, it shall not be necessary for him to be sworn in again in each case, and the attestation that he has been sworn in, in his said quality, shall suffice.
The depositions and stenographer’s oath may be taken in accordance with form 11.
R. S. 1964, c. 35, s. 36; 1970, c. 11, s. 13.
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