2ND EDIT REVISED STATUTES 1906 REMARKS liminary enquiry, the question,-put to the witness before shewing him his previous deposition and to which he had given an unexpected answer, may be re-put to him; and only in case of the witness, after so refreshing his memory, persisting in the same unexpected answer, can the question be put to him in a leading form from the deposition. The opposite party is entitled, then, to cross-examine, not only upon the witness' examination in chief at the trial, but also upon the previous deposition shown to the witness for the purpose of refreshing his memory. (26) Where, on the cross-examination of a witness, inadmissable matters are introduced whether volunteered by the witness or given in answer to questions put by the cross-examining counsel, the opposite party will be entitled to re-examine thereon, unless the cross-examining party applies to have the inadmissable evidence struck out. (27). Sec. 12. Questioning of witness as to whether he has been convicted of any offence.-A witness may be questioned as to whether he has been convicted of any offence, and upon being so questioned, if he either denies the fact or refuses to answer, the opposite party may prove such conviction. 2. The conviction may be proved by producing, (a) a certificate containing the substance and effect only, omitting the formal (b) proof of identity. (28) was re The prosecution is not entitled to give evidence of the prisoner's bad character, unless or until the prisoner adduces evidence to (26) Ib. (27) R. v. Noel, 7 Can. Cr. Cas., 309; 6 Ont. L. R., 385. (28) Taken from section 695 of the old Code. 2ND EDIT. REVISED STATUTES 1906 REMARKS prove his good character, either by examining his own witnesses on that point or by questioning the Crown witnesses thereon as a part of their cross-examination; and a new trial will be ordered where such evidence is wrongly admitted against the prisoner, although no objection was raised to it by the prisoner's counsel. (29) Evidence to character can only be as to general reputation. Evidence of particular facts must be put out of consideration altogether; and rebutting evidence to meet evidence of good character brought forward by the accused must be of the same kind and kept within the same limits. (30) Although the prosecution may not, for the purpose of impeaching the character of its own witness, adduce general evidence apart from facts relevant to the issue, evidence as to any fact, which is in issue upon the indictment, may be given although the effect of such evidence may be to contradict the testimony of a witness called by the same party, and may therefore tend to discredit such witness. (31) Where the question of motive is an important element in the case, and the motive charged depends on the alleged improper relations of the accused with a certain female, evidence is admissible to prove such relations, although it tends to shew that he is of bad. character, and notwithstanding the general rule which prevents the prosecution from adducing evidence of the general bad character of the accused as a circumstance in proof of the charge. (32) Where evidence is adduced on behalf of the accused as to his general good character, the witnesses may be cross-examined by the prosecution as to the grounds of their belief, and as to the particular facts on the question of character of which they have knowledge (33) Upon a charge of obtaining goods by false pretences evidence of other similar acts committed by the accused is not admissible in corroboration of the fact that he committed the act charged, but, upon due proof of the act charged, such evidence may be given in proof of criminal intent or of guilty knowledge. (34) Evidence of other similar criminal acts may be relevant in a charge of theft, if such evidence bears upon the question whether the taking was designed or accidental. Where such evidence is relevant to the issue it is not necessary, to render it admissible, that it should establish conclusively that the accused had been (29) R. v. Long, 5 Can. Cr. Cas., 493; R. v. Gibson, 18 Q. B. D., 537; R. v. Gadbury, 8 C. & P., 676. (30) R. v. Rowton, 10 Cox C. C., 25; R. v. Triganzie, 15 Ont. R., 294. (31) R. v. Hutchison, 8 Can. Cr. Cas., 486. (32) R. v. Barsalou, 4 Can. Cr. Cas., 347. (33) Ib. (34) R. v. Komiensky, (No. 2), 7 Can. Cr. Cas., 27. 2ND EDIT. REVISED STATUTES 1906 REMARKS guilty of such other criminal acts, but it will be received if it tends to shew that the accused had been so guilty. (35) OATHS AND AFFIRMATIONS Sec. 22. Sec. 13. Who may administer Oaths. Unchanged. Sec. 23. Sec. 14. Affirmation instead of oath.-If a person called or desiring to give evidence, objects, on grounds of conscientious scruples, to take an oath, or is objected to as incompetent to take an oath, such person may make the following affirmation: Sec. 25. 'I solemnly affirm that the evidence to be given by me shall be the truth, the whole truth, and nothing but the truth.' 2. Upon the person making such solemn affirmation, his evidence shall be taken and have the same effect as if taken under oath. Meaning unchanged. Sec. 24. Sec. 15. Affirmation of a deponent making an affidavit or deposition. And effect of affirmation in regard to perjury. Unchanged. Sec. 16. Evidence of Child.-In any legal proceeding where a child of tender years is offered as a witness, and such child does not, in the opinion of the Judge, Justice or other presiding Officer, understand the nature of an oath, the evidence of such child may be received, though not given upon oath, if, in the opinion of the Judge, Justice or other presiding Officer, as the case may be, such child is possessed of sufficient intelligence to justify the reception of the evidence and understands the duty of speaking the truth. 2. No case shall be decided upon such evidence alone, and such evidence must be corroborated by some other material evidence. Slightly altered, as here set forth. JUDICIAL NOTICE. Sec. 7. Sec. 17. Imperial Acts, etc. Unchanged. Sec. 18. Acts of Canada.-Judicial notice shall be taken of all public Acts of the Parliament of Canada without such Acts being specially pleaded. Added. (35) R. v. Collyns, 4 Can. Cr. Cas., 572. 2ND EDIT. REVISED STATUTES 1906 REMARKS DOCUMENTARY EVIDENCE. Sec. 19. Copies by King's Printer of Canadian Acts.Every copy of any Act of the Parliament of Canada, public or private, printed by the King's Printer, shall be evidence of such Act and of its contents; and every copy purporting to be printed by the King's Printer shall be deemed to be so printed, unless the contrary is shewn. Added. Sec. 11. Sec. 20. Imperial Proclamations, etc.-Imperial Proclamations, Orders in Council, treaties, orders, warrants, licenses, certificates, rules, regulations, or other Imperial official records, acts or documents may be proved,— (a) in the same manner as they may, from time to time, be provable in any court in England; or, (b) by the production of a copy of the Canada Gazette, or a volume of the Acts of the Parliament of Canada purporting to contain a copy of the same or a notice thereof; or, (c) by the production of a copy thereof purporting to be printed by the King's Printer for Canada. Altered, in arrangement only. Sec. 3. Sec. 21. Proof of Proclamations, etc., of Governor General. Unchanged. Sec. 9. Sec. 22. Proof of Proclamations, etc., of a lieutenantgovernor, etc., of a province.-Evidence of any proclamation, order, regulation or appointment made or issued by a lieutenant-governor or lieutenant-governor in council of any province, or by or under the authority of any member of the executive council, being the head of any department of the government of the province, may be given in all or any of the modes following, that is to say, (a) By the production of a copy of the official gazette for the province, purporting to contain a copy of such proclamation, order, regulation or appointment, or a notice thereof; (b) By the production of a copy of such proclamation, order, regulation or ap 2ND EDIT. REVISED STATUTES 1906 REMARKS pointment, purporting to be printed by the government or King's printer for the province; (c) By the production of a copy or extract of such proclamation, order, regulation or appointment, purporting to be certified to be true by the clerk or assistant or acting clerk of the executive council, or by the head of any department of the government of a province, or by his deputy or acting deputy as the case may be. 2. Prima facie evidence of any proclamation, order, regulation or appointment made by the lieutenant-governor or lieutenant-governor in council of the Northwest Territories, as constituted previously to the first day of September, one thousand nine hundred and five, or of the commissioner in council of the Northwest Territories as now constituted, or of the commissioner in council of the Yukon Territory, may also be given by the production of a copy of the Canada Gazette purporting to contain a copy of such proclamation, order, regulation or appointment, or a notice thereof. Altered, as here set forth. Sec. 10. Sec. 23. Evidence of judicial proceedings, etc.—Evidence of any proceeding or record whatsoever of, in, or before any court in the United Kingdom, or the Supreme or Exchequer Courts of Canada, or any court in any province of Canada, or any court in any British Colony or possession or any Court of record of the United States of America, or of any state of the United States of America, or of any other foreign country, or before any justice of the peace or coroner in any province of Canada, may be made in any action or proceeding by an exemplification or certified copy thereof, purporting to be under the seal of such court, or under the hand or seal of such justice or coroner, as the case may be, without any proof of the authenticity of such seal or of the signature of such justice. or coroner, or other proof whatever. 2. If any such court, justice or coroner has |