Admissibility of evidence given at former trial
33On the trial of a cause the testimony of any witness given on a former trial may, subject to all legal exceptions, be given in evidence between the same parties or those claiming under them, either from the judge’s notes or from the evidence taken, reported and certified by a stenographer, under and as provided by the statutes respecting shorthand reporting in the courts, if the judge on the subsequent trial is satisfied that the witness is dead or out of the Province or from sickness or inability is unable to attend.