(1) Subject to subsection (2) where in the course of any proceedings instituted under this Act before any Court, or before any person authorised 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 the proceedings, then, upon due proof that the witness cannot be found in Saint Lucia, any deposition that the witness has previously made on oath or affirmation, in relation to the same subject-matter, before any judge or magistrate or before a consular officer in any part of the Commonwealth other than Saint Lucia in any place not within the Commonwealth, shall be admissible in evidence: