Wadsworth, J.

1. This appeal arises out of a suit in which the only real question was whether the second defendant was or was not the adopted son of the plaintiff. Plaintiff denied the adoption. In the course of the arguments, two documents were exhibited on behalf of the defence, namely, Exs. XI and XI (a).

2. Ex. XI is a copy of a deposition by the plaintiff in a criminal case, forming part of the printed record of the revision proceedings in the High Court. Ex. XI (a) is a copy taken from that printed copy. In this deposition the plaintiff makes an admission which if the copy is correct, practically puts an end to his case. He admits that the second defendant was his adopted son. When the plaintiff was in the box, he was asked whether he had made such a statement and he said:

I did not admit there that second defendant was my son. I said that he was by courtesy my son as he married my wifes brothers daughter.

Evidently when the plaintiff was cross-examined the printed copy of the deposition was not available and was not actually used in cross-examination. The only contention in second appeal which has any basis is the contention that Ex. XI, the printed copy of the plaintiff