dence of one 684. No person accused of an offence under any of the When evihereunder mentioned sections shall be convicted upon the witness must evidence of one witness, unless such witness is corroborated be corroborin some material particular by evidence implicating the accused: (a.) Treason, Part IV., section sixty-five; (b) Perjury, Part X., section one hundred and forty-six; ated. (c.) Offences under Part XII, sections one hundred and Unended eighty-one to one hundred and ninety inclusive; (d.) Procuring feigned marriage, Part XXII., section two hundred and seventy-seven ; (e.) Forgery, Part XXXI., section four hundred and twenty three. 56. Vit. C.32 under oath of 685. Where, upon the hearing or trial of any charge for Evidence not carnally knowing or attempting to carnally know a girl child in cerunder fourteen or of any charge under section two hundred tain cases. and fifty-nine for indecent assault, the girl in respect of whom the offence is charged to have been committed, or any other child of tender years who is tendered as a witness, does not, in the opinion of the court or justices, understand the nature of an oath, the evidence of such girl or other child of tender years may be received though not given upon oath if, in the opinion of the court or justices, as the case may be, such girl or other child of tender years is possessed of sufficient intelligence to justify the reception of the evidence and understands the duty of speaking the truth. 2. But no person shall be liable to be convicted of the offence, unless the testimony admitted by virtue of this section, and given on behalf of the prosecution, is corroborated by some other material evidence in support thereof implicating the accused. 3. Any witness whose evidence is admitted under this section is liable to indictment and punishment for perjury in all respects as if he or she had been sworn. 53 V., c. 37, s. 13. may be read 686. If the evidence of a sick person has been taken Deposition of under commission as provided in section six hundred and sick witness eighty-one, and upon the trial of any offender for any of- in evidence. fence to which the same relates, the person who made the statement is proved to be dead, or if it is proved that there is no reasonable probability that such person will ever be able to attend at the trial to give evidence, such statement may, upon the production of the judge's order appointing such commissioner, be read in evidence, either for or against the accused, without further proof thereof,-if the same purports to be signed by the commissioner by or before whom it purports to have been taken, and if it is proved to the satisfaction of the court that reasonable notice of the intention to take such statement was served upon the person (whether prosecutor or accused) against whom it is proposed 15 Depositions on prelimi may be read in evidence. posed to be read in evidence, and that such person or his counsel or solicitor had, or might have had, if he had chosen to be present, full opportunity of cross-examining the person who made the same R.S.C., c. 174, s. 220. 687. If upon the trial of any accused person it is proved nary inquiry upon the oath or affirmation of any credible witness that any person whose deposition has been taken by a justice in the preliminary or other investigation of any charge is dead, or so ill as not to be able to travel, or is absent from Canada, and if it is also proved that such deposition was taken in the presence of the person accused, and that he, his counsel or solicitor, had a full opportunity of cross-examining the witness, then if the deposition purports to be signed by the justice by or before whom the same purports to have been taken it shall be read as evidence in the prosecution without further proof thereof, unless it is proved that such deposition was not in fact signed by the justice purporting to have signed the same. R.S.C., c. 174, s. 222. Depositions may be used other offences. on trial for Evidence of accused. 688. Depositions taken in the preliminary or other investigation of any charge against any person may be read as evidence in the prosecution of such person for any other offence, upon the like proof and in the same manner, in all respects, as they may, according to law, be read in the prosecution of the offence with which such person was charged when such depositions were taken. R.S.C., c. 174, s. 224. 689. The statement made by the accused person before statement by the justice may, if necessary, upon the trial of such person, be given in evidence against him without further proof thereof, unless it is proved that the justice purporting to have signed the same did not in fact sign the same. R.S.C., c. 174, s. 223. Admission on trial. Certificate of perjury was committed. 690. Any accused person on his trial for any indictable may be taken offence, or his counsel or solicitor, may admit any fact alleged against the accused so as to dispense with proof thereof. 691. A certificate containing the substance and effect only, trial at which omitting the formal part, of the indictment and trial for any offence, purporting to be signed by the clerk of the court or other officer having the custody of the records of the court whereat the indictment was tried, or among which such indictment has been filed, or by the deputy of such clerk or other officer, shall, upon the trial of an indictment for perjury or subornation of perjury, be sufficient evidence of the trial of such indictment without proof of the signature or official character of the person appearing to have signed the same. R.S.C., c. 174, s. 225. Evidence of coin being 692. When, upon the trial of any person, it becomes nefalse or coun- cessary to prove that any coin produced in evidence against terfeit. such person is false or counterfeit, it shall not be necessary to to prove the same to be false and counterfeit by the evidence. of any moneyer or other officer of Her Majesty's mint, or other person employed in producing the lawful coin in Her Majesty's dominions or elsewhere, whether the coin counterfeited is current coin, or the coin of any foreign prince, state or country, not current in Canada, but it shall be sufficient to prove the same to be false or counterfeit by the evidence of any other credible witness. R.S.C., c. 174, s. 229. 693. On the trial of any person charged with the offences Evidence on mentioned in section four hundred and eighty, any letter, proceedings circular, writing or paper offering or purporting to offer for tising counsale, loan, gift or distribution, or giving or purporting to terfeit money. give information, directly or indirectly, where, how, of whom or by what means any counterfeit token of value may be obtained or had, or concerning any similar scheme or device to defraud the public, shall be primâ facie evidence of the fraudulent character of such scheme or device. vious con viction. 694. A certificate containing the substance and effect only, Proof of preomitting the formal part, of any previous indictment and conviction for any indictable offence, or a copy of any summary conviction, purporting to be signed by the clerk of the court or other officer having the custody of the records of the court before which the offender was first convicted, or to which such summary conviction was returned, or by the deputy of such clerk or officer, shall, upon proof of the identity of the person of the offender, be sufficient evidence of such conviction without proof of the signature or official character of the person appearing to have signed the same. R.S.C., c. 174, s. 230. tion of 695. A witness may be questioned as to whether he has Proof of prebeen convicted of any offence, and upon being so questioned, vious convicif he either denies the fact or refuses to answer, the opposite witness. party may prove such conviction; and a certificate, as provided in the next preceding section, shall, upon proof of the identity of the witness as such convict, be sufficient evidence of his conviction, without proof of the signature or the official character of the person appearing to have signed the certificate. R.S.C., c. 174, s. 231. ment. 696. It shall not be necessary to prove by the attesting Proof of atwitness any instrument to the validity of which attestation tested instruis not requisite; and such instrument may be proved by admission or otherwise as if there had been no attesting witness thereto. R.S.C., c. 174, s. 232. murder. 697. The trial of any woman charged with the murder of Evidence at any issue of her body, male or female, which being born alive trial for child would, by law, be bastard, shall proceed and be governed by such and the like rules of evidence and presumption as are by law used and Comparison of disputed writing with genuine. Party discrediting his own witness. Evidence of former written witness. allowed to take place in respect to other R.S.C., c. 174, s. 227. 698. Comparison of a disputed writing with any writing proved to the satisfaction of the court to be genuine shall be permitted to be made by witnesses; and such writings, and the evidence of witnesses respecting the same, may be submitted to the court and jury as evidence of the genuineness or otherwise of the writing in dispute. R.S.C., c. 174, s. 233. 699. A party producing a witness shall not be allowed to impeach his credit by general evidence of bad character, but if the witness, in the opinion of the court, proves adverse, such party may contradict him by other evidence, or, by leave of the court, may prove that the witness made at other times a statement inconsistent with his present testimony; but before such last mentioned proof can be given the circumstances of the supposed statement, sufficient to designate the particular occasion, shall be mentioned to the witness, and he shall be asked whether or not he did make such statement. R.S.C., c. 174, s. 234. 700. Upon any trial a witness may be cross-examined as statements by to previous statements made by him in writing, or reduced to writing, relative to the subject-matter of the case, without such writing being shown to him; but if it is intended to contradict the witness by the writing his attention must, before such contradictory proof can be given, be called to those parts of the writing which are to be used for the purpose of so contradicting him; and the judge, at any time during the trial, may require the production of the writing for his inspection, and he may thereupon make such use of it for the purposes of the trial as he thinks fit: Provided. that a deposition of the witness, purporting to have been taken before a justice on the investigation of the charge and to be signed by the witness and the justice, returned to and produced from the custody of the proper officer, shall be presumed prima facie to have been signed by the witness. R.S.C., c. 174, s. 235. Proof of contradictory witness. 701. If a witness, upon cross-examination as to a former statements by statement made by him relative to the subject-matter of the case and inconsistent with his present testimony, does not distinctly admit that he did make such statement, proof may be given that he did in fact make it; but before such proof can be given the circumstances of the supposed statement, sufficient to designate the particular occasion, shall be mentioned to the witness and he shall be asked whether or not he did make such statement. R.S.C., c. 174, s. 236. Evidence of 702. When any cards, dice, balls, counters, tables or other place being a instruments of gaming used in playing any unlawful game gaming-house. are found in any house, room or place suspected to be used common as as a common gaming-house, and entered under a war- dence that 703. It shall be prima facie evidence in any prosecution for Other evikeeping a common gaming-house under section one hundred place is a comand ninety-eight of this Act that a house, room or place is used inon gamingas a common gaming-house, and that the persons found therein were unlawfully playing therein— (a.) if any constable or officer authorized to enter any house room or place, is wilfully prevented from, or obstructed or delayed in entering the same or any part thereof; or (b.) if any such house, room or place is found fitted or provided with any means or contrivance for unlawful gaming, or with any means or contrivance for concealing, removing or destroying any instruments of gaming. R.S.C., c. 158, s. 8. house. case of gaming 704. Whenever, on the trial of a person charged with Evidence in making an agreement for the sale or purchase of shares, in stocks, &c. goods, wares or merchandise in the manner set forth in section two hundred and one, it is established that the person so charged has made or signed any such contract or agreement of sale or purchase, or has acted, aided or abetted in the making or signing thereof, the burden of proof of the bonâ fide intention to acquire or to sell such goods, wares or mer S.705. In any criminal proceeding commenced or prosecuted for publishing any extract from or abstract of any paper containing defamatory matter and which has been published by or under the authority of the Senate, House of Commons or any Legislative Council, Legislative Assembly, or House of Assembly, such paper may be given in evidence, and it may be shown that such extract or abstract was published in good faith and without ill-will to the person defamed and if such is the opinion of the jury, a verdict of not guilty shall be entered for the defendant. Amended 56 Vic,,32 |