Section 224: Depositions of persons made abroad

224. Depositions of persons made abroad (1) Where the evidence of any person is required in the course of any civil proceedings in Mauritius in relation to the subject matter of the proceedings and it is proved that that person cannot be found in Mauritius, any deposition M62 – 109 [Issue 4] Merchant Shipping Act that he may have previously made at a place outside Mauritius in relation to the same subject matter shall, subject to subsection (2), be admissible in evidence in those proceedings. (2) For a deposition to be admissible under subsection (1) in any proceedings, the deposition shall— (a) have been taken under oath; (b) have been taken before, and authenticated by the signature of, a judge, magistrate or similar officer in that place outside Mauritius. (c) — (3) No proof need be given of the signature or official character of the person appearing to have signed any such deposition and, in any criminal proceedings, a certificate stating that the deposition was taken in the presence of the accused or his counsel shall, unless the contrary is proved, be evidence of that fact. (4) This section also applies to proceedings before a person authorised by law or consent of the parties to receive evidence. (5) Nothing in this section affects the admissibility in evidence of depositions under any other enactment or the practice of the Court. [S. 224 amended by s. 11 (4) (b) of Act 39 of 2011 w.e.f. 1 June 2012.]