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Court of King’s Bench may order an examination de bene esse, in cases where viva voce evidence cannot be had.
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3. And . . . it shall also be lawful for the said Court of King’s Bench, upon motion to be made, and such notice thereof as aforesaid, by or on behalf of his Majesty’s attorney general or other prosecutor, or defendant or defendants in any such indictment or information, to order an examination de bene esse of witnesses upon interrogatories, in any case where the viva voce testimony of such witnesses cannot conveniently be had, to be taken before an examiner to be appointed by the said court; and the depositions taken upon such interrogatories shall be afterwards admitted to be read in evidence upon the trial of such indictment or information, or in any other subsequent proceeding thereon or relating thereto, and shall be deemed good and sufficient evidence in the law, saving all just exceptions to be taken to such depositions when the same shall be offered to be read as aforesaid.
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