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APPENDIX II                                                      757

Concerning which he is questioned, or so soon afterwards that the Court considers it
likely that the transaction was at that time fresh in his memory.

The witness may also refer to any such -writing made by any other person, and
read by the witness within the time aforesaid, if when he read it, he knew it to be

Whenever a witness may refresh his memory by reference to any document, he
may, with the permission of the Court, refer to a copy of such document;

Provided the Court be satisfied that there is sufficient reason for the non-production
of the original,

An expert may refresh his memory by reference to professional treatises,

Sec. 160, Testimony to facts stated in document mentioned in sec. 159.A witness
may also testify to facts mentioned in any such document in section 159, although he
has no specific recollection of the facts themselves if he is sure that the facts were
correctly recorded in the document.

Sec. 161, Right of adverse party as to writing used to refresh memory.Any writ-
ing referred to under the provisions of the two last preceding sections must be produced
and shown to the adverse party if he requires it; such party may, if he pleases, cross-
examine the witness thereupon,

Sec. 165, Judge's power to put questions or order production.The Judge may, in
order to discover or to obtain proper proof of relevant facts ask any question he pleases,
in any form, at any time, or any witness, or of the parties about any fact relevant or
irrelevant, and may order the production of any document or thing; and neither the
parties nor their agents shall be entitled to make any objection to any such question
or order, nor without the leave of the Court to cross-examine any witness upon any
answer given in reply to any such question:

Provided that the judgment must be based upon facts declared by this Act to be
relevant and duly proved:

Provided also that this section shall not authorize any Judge to compel any witness
to answer any question, or to produce any document which such witness would be
entitled to refuse to answer or produce under sections 121 to 131, both inclusive, if the
questions were asked or the documents were called for by the adverse party; nor shall
the Judge ask any question which it would be improper for any other person to ask
under section 148 or 149; nor shall he dispense with primary evidence of any document,
except in the cases hereinbefore excepted.

Sec. 166. Power of jury or assessors to.put <juestions.-In cases tried by jury or
with assessors, the jury or assessors may put any questions to the witnesses through or
by le^ve of the Judge, which the Judge himself might put and which he considers proper.