Statements as to bodily or mental feeling admissible Declaration of deceased person against interest Statements made in course of business by person since deceased Admissibility of deposition Summary of evidence, how far admissible Application of hearsay rule to documentary evidence Recitals of public facts, of statements, proclamations, &c. Entry in public record made in performance of duty IV. Rule as to opinion Exception in case of experts Medical experts .. Experts in military science Experts in handwriting Rule excluding opinion does not exclude evidence as to belief Refreshing memory Notes referred to not evidence of themselves PAGE 70 70 70 70 70 71 71 71 71 71 72 72 72 72 72 72 73 73 Confession made after removal of impression produced by threat, 74 Facts discovered through involuntary confession admissible .. Confession made on oath or in previous proceedings Person competent not always compellable to give evidence 77 78 Rules as to accused giving evidence Privilege does not extend to answers showing civil liability Questions to be entered on proceedings whether answered or not 2288 79 79 80 80 Examples of fair and unfair questions 81 Rule as to directing attention to particular persons and things.. 82 Exceptions in case of hostile witness 82 Rules as to cross-examination 82 Further observations on cross-examination 83 Exclusion of evidence to contradict answers as to questions testing Impeaching credit of witnesses Rule as to re-examination 83 83 84 84 84 CHAPTER VII.-OFFENCES PUNISHABLE BY ORDINARY LAW. Conviction for theft on charge of embezzlement and vice versâ.. 102 102 Obtaining goods by false pretences .. 102 Conviction of theft on charge of obtaining by false pretences 103 Receiving stolen goods, &c. (ix.) Forgery; Perjury; Coinage Offences; Personation. Uttering forged documents Possession of forged notes, &c. 104 104 Perjury.. Coinage offences Uttering Clipping Personation CHAPTER VIII.-POWERS OF COURTS OF LAW IN RELATION TO COURTS-MARTIAL AND OFFICERS. Introductory. Courts-martial and officers amenable for acts done without or in excess of jurisdiction Exceptions in case of injuries affecting only military position Meaning of acting without jurisdiction Illustrations of acting without jurisdiction Further illustrations To officer Disobedience of prohibition (ii) Writ of Certiorari. Definition of the writ of certiorari 122 Writ of Habeas Corpus, the remedy against illegal custody When habeas corpus will issue 124 Rule discharged 125 Sufficiency of return that prisoner is in custody under sentence of competent court 126 Military custody not now illegal by eason merely of informality, &c. 127 Application for attachment against officer failing to make return.. Canadian case cited in Simmons on Courts-martial (iv.) Actions for Damages. 127 127 Actions against members of courts-martial and individual officers 128 Illegal sentence by court-martial Warden v. Bailey, 1810 Non-suit set aside, and new trial granted Opinion of the Exchequer Chamber in Dawkins v. Rokeby 128 128 Bona fides does not excuse an illegal act Immaterial that cause of action arose abroad Members of courts-martial not liable for mere errors of judgment 132 Where jurisdiction exists, action only lies if malice can be inferred Reversal of decision of Court of Exchequer by Exchequer 136 Probably no action lies for an act within limits of military authority even where done maliciously and without probable cause Question to be determined in these cases that of privilege 138 Malice held to take away privilege-Dickson v. Wilton, sed quære 138 Dickson v. Combermere |