(1) Subject to subsection (2), an examination or deposition taken by virtue of this Act shall not be read in evidence at any trial without the consent of the party against whom the same may be offered.
(2) Where it appears to the satisfaction of the Judge that the person to be examined or the deponent is beyond the jurisdiction of the High Court or is dead or is unable from permanent sickness or other permanent infirmity to attend the trial, the examinations and depositions certified under the hand of the, Registrar or other persons taking the same shall, without proof of the signature to such certificate, be received and read in evidence, saving all just exceptions.