CRIMINAL EVIDENCE ACT, 1898,

provisions of, 33, 537.

practice under, 33, 34, 537.

CRIMINAL PROCEEDINGS,

prosecutor is a competent witness, 31.

defendant in, was formerly an incompetent witness, 31.
now competent to give evidence for the defence, 33.

definition of, 34, 35.

burden of proof in, 262.

right of reply in, 424.

proof of substance of issue in, 429.

amendments in, 433.

rules as to relevancy of evidence in, 449.

depositions in, 455.

See ACCOMPLICE; ADMISSIONS; COMPETENCY; DEPOSITIONS;
DYING DECLARATION; INCOMPETENCY.

CRIMINATING QUESTIONS,

privilege in respect of, 94.

CRITICISM ON PUBLIC MATTERS, 15.

CROSS-EXAMINATION,

necessity for, 3.

of parties to proceedings in consequence of adultery, 29.
criminating questions need not generally be answered in, 94.
secus, under the Criminal Evidence Act, 1898...33.

of prosecutrix on charge of rape, 100.

fellow prisoner, 418.

to credit, 100, 413, 416, 422.

rules as to, 413.

leading questions may be asked in, 414.

irrelevant questions in, will be disallowed by judge, 415.
questions as to crime or conviction may be asked in, 418.
witness not examined in chief when cross-examined, 417.
of witness called by judge, 417.

questions to show partiality may be asked in, 421.

as to former statements in writing may be asked in, 421.

of witnesses to character, practice as to, 421.

upon affidavit of documents is not permitted, 495.
on affidavits generally, 514.

determine what law applies to charterparty, 385.
add incident to written contract, 385.

is admissible to prove personal liability of broker, 387.
evidence as to, relevancy of, in case of manors, 445.

D.

DAMAGES,

defendant may interrogate as to, when paying into court, 478.

DATE,

presumptions as to, in case of documents, 62.

mistake as to, in documents, may be proved by parol evidence, 368.

DE BENE ESSE,

examination of witnesses, 463.

DEATH,

presumption of, 75.

without issue, presumption of, 76.

register of, proof of, 298.

DEBENTURE,

estoppel against company in respect of, 220.

DEBT,

release of, by voluntary declaration of creditor, 365.
in equity, 365.

DECEASED PERSON,

claim against, 41.

declaration by, must have been made ante litem motam, 161.
definition, at former trial when received in civil proceedings, 184.
in criminal proceedings, 185.

how proved, 185.

deposition of, admissibility of, 455, 462.

See DECLARATION; DYING DECLARATION.

DECLARATION,

not upon oath, is generally inadmissible, 128.

by tenant for life, 132.

a deceased vendor, 132.

accompanying acts, when admissible; res gestæ, 131.

See DYING DECLARATION; DECLARATION AGAINST INTEREST;
DECLARATION IN COURSE OF DUTY; RAPE; ACCOMPLICE.

DECLARATION AGAINST INTEREST,

admissibility of, 169.

must be against pecuniary or proprietary interest, 169.
risk of prosecution is not ground for admission of, 171.

is evidence of facts contained in it, 171.

oral or written, is equally admissible, 171.

is admissible, though declarant received facts on hearsay, 173.

not evidence during life of declarant, 174.

by person in possession, is admissible to cut down interest, 177.
must have been made ante litem motam, 177.

See ENTRY AGAINST INTEREST.

DECLARATION IN COURSE OF DUTY,

admissibility of, 178.

must be contemporaneous, 180.

confined to matters within duty of declarant to record, 180.

is inadmissible, if made on hearsay, 182.

oral or written, is equally admissible, 182.

is not evidence during life of declarant, 183.

acknowledgment of consideration in, is conclusive, 228, 366.

receipt for consideration in, effect of, under Conveyancing Act, 228.

lost, may be proved by attested or examined copy or by oral evidence,

rectification of, on the ground of mistake, 362.

cannot be avoided by parol, 365.

additional consideration for, may be proved, 367.

DEFAMATION,

definition of, evidence, 1.

duty of judge in actions for, 15, 16.

See CHARACTER.

DEPOSITIONS

of deceased or absent witnesses, admissibility of, 184.

in criminal cases, 455.

must be taken in prisoner's presence, 456.

signed by witness and magistrate, 456, 458.

312.

is admissible, if deponent is kept out of the way by the prisoner, 458.
though deponent's illness is not permanent, 457.

of witnesses for defence, 460.

before coroners, 461.

in civil cases, 461.

cannot be read except by consent, if deponent is able to attend, 464.
of aged witnesses, 463.

in county courts, 471.

extradition proceedings, 471.

under Fugitive Offenders Act, 471.

DESIGN,

register of, proof of, 299.

DICTIONARY,

admissibility of, to prove sense of words, 92.

DISCOVERY,

against, but not by the Crown, 473.

what is meant by, 473, 475.

by interrogatories by leave, 473, 475.

DISCOVERY-continued.

question of right to, may be reserved till issue has been determined,
475, 480, 483.

in Probate, etc. Division, 482.

of documents, practice as to, 483.

See INTERROGATORIES; PRODUCTION OF DOCUMENTS; IN-
SPECTION.

DIVISION OF EVIDENCE, 7.

DIVORCE. See ADULTERY; COMPETENCE; HUSBAND; WIFE.

DOCUMENT,

question of existence of, is for jury, 9.

proper custody of, is for judge, 9.

sufficiency of stamp on, is for judge, 9.
construction of, is for judge, 17.

sometimes in criminal cases, for jury, 18.
production of original, when necessary, 47.
presumption as to date of, 62.

execution of, 64, 65.

stamping of, 66.

alterations in, 66.

presumptions from possession on, 79.

when privileged from production, 95, 101, 104.

copies of, when privileged, 105, 107.

ancient, must be produced from proper custody, 149, 151.
entry in public, presumed to be true, 162.

public judicial, proof of, 279.

non-judicial, proof of, 294.

ancient, proof of handwriting, 315.
use of, to refresh memory, 319.

to refresh memory, requisites of, 319.

unstamped, may be used to refresh memory, 320, 509.

cannot be contradicted or varied by parol evidence, 358.

mistake in date of, may be proved by parol evidence, 368.

may be explained by parol evidence, 372.

foreign, how construed by court, 18, 376.

may be explained by usage or custom, 384.

alteration in, may be explained by parol evidence, 389.

production of, practice as to, 497, 498.

relating exclusively to title of party, need not be produced, 480.

relevant, what is, 488.

in custody of agent, must be produced, 488.

confidential, rule as to production of, 491.

sealing up, 491.

unstamped or insufficiently stamped, is inadmissible, except in criminal

proceedings, 505.

stamping of, at the trial, 505.

after execution, 506.

unstamped, may be evidence of independent fact, 508.

act of bankruptcy, 509.

account stated, 509.

See also ESCROW; INSPECTION; PRODUCTION.

DOCUMENTARY EVIDENCE ACTS,

provisions of, as to Royal proclamations, 269.

Orders in Council, 269.
private statutes, 279.

DOMICILE,

presumptions as to, 78.

DUTY, DECLARATION IN COURSE OF. See DECLARATION.

DYING DECLARATION,

admissibility of, is a question for judge, 9.

of murdered wife against husband, 38.

ground of admissibility of, 163.

rule as to, 164.

may be written by another person, 165.

must have been made in actual danger, 165.

hope of recovery, 166.

death of declarant must be subject of charge, 167.

is admissible only in cases of homicide, 167.

of accomplice, is admissible, 168.

in favour of accused, is admissible, 168.

E.

EASEMENT,

must be proved by deed, 324.

creation of, by twenty years' enjoyment, 356.

ENTRY AGAINST INTEREST,

admissibility of, 169.

must be against pecuniary or proprietary interest, 170.
is evidence of all facts which it contains, 171.

not evidence during life of declarant, 174.

proof of handwriting of, is unnecessary after thirty years, 176.
must have been made ante litem motam, 177.

And see DECLARATION AGAINST INTEREST.

ENTRY IN BIBLE,

admissibility of, 151.

to prove pedigree, 156.

ENTRY IN COURSE OF DUTY,

See DECLARATION IN COURSE OF DUTY.

matters not essential to decision, 200.

in criminal proceedings, 202.

foreign judgments, 204.

does not operate where judgment was obtained by fraud, 193, 204, 205.
by deed, 206, 366.

must be certain, 207.

does not operate where execution of deed was obtained by fraud or
duress, 208.