300.
| (1) Whenever in the course of any legal proceedings instituted under this Act before any Court or before any person authorized by law or by the consent of parties to receive evidence, the testimony of any witness is required in relation to the subject-matter of that proceeding, then, upon due proof that the witness cannot be found in Ceylon, any deposition that the witness has previously made on oath or affirmation in relation to the same subject-matter before any Judge or Magistrate in any part of the Commonwealth other than Ceylon, or before any Consular officer of Ceylon in any place not within the Commonwealth, shall be admissible in evidence: Provided that-
| | (a) if the proceedings are criminal, a deposition so made shall not be admissible, unless it-was made in the presence of the person accused; and | | |
| | (b) no deposition so made shall be admissible, unless it is authenticated by the signature of the Judge, Magistrate or Consular officer before whom it was made, and unless such Judge, Magistrate or Consular officer has certified (if the fact is so) that the accused was present at the taking thereof. | | |
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| (2) A deposition made in the manner referred to in sub-section (1) shall be deemed to be duly authenticated if it purports to have been signed by the Judge, Magistrate or Consular officer before whom, it was made; and it shall not be necessary in any case to prove the signature or official character of the person appearing to have signed any such deposition. |
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| (3) In any criminal proceedings, a certificate purporting to have been signed by the Judge, Magistrate or Consular officer before whom a deposition was made that the accused was present at the taking of the deposition shall, unless the contrary is proved, be sufficient evidence of the accused having been present in the manner thereby certified. |
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| (4) Nothing in this section shall affect any case in which depositions taken in any proceedings are rendered admissible in evidence by any other written law. |
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Sri Lanka Consolidated Acts