A Digest of the Law of Evidence

Book excerpt: This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1876 edition. Excerpt: ... 184 DIGEST OF THE LAW OF EVIDENCE. notes. These are the only Acts which deal with the Law of Evidence as I have denned it. It will be observed that they relate to three subjects only--the competency of witnesses, the proof of certain classes of documents, and certain details in the practice of examining witnesses. These details are provided for twice over, namely, once in 17 & 18 Vict c. 125, ss. 22-27, both inclusive, which concern civil proceedings only; and again in 28 Vict. c. 18, ss. 3-8, which re-enact these provisions in relation to proceedings of every kind. Thus, when the Statute Law upon the subject of Evidence is sifted and put in its proper place as part of the general system, it appears to occupy a very subordinate position in it. The ten statutes above mentioned are the only ones which really form part of the Law of Evidence, and their effect is fully given in twenty1 articles of the Digest, some of which contain other matter besides. INDEX. Abortion, 33. Accomplices, evidence of, 118. "Action," an, definition of, 2. Acts of conspirators, 6; illustrations of, 7., showing intention, good faith, &c., 15; illustration of, 17. Acts of notifications, relevancy of statement in certain, 45. of Parliament, 79. of State, judgments, &c. foreign and colonial, 82. Admissions defined, 22; who may make, and when, 23; illustrations of, a. by agents and persons jointly interested with parties, 24; illustrations of, 25. by strangers to an action, 26. by person referred to by party, 27; illustration of, ii. made without prejudice, ib. of evidence, improper, 130. Adultery, competency of witnesses in proceedings relating to, 111., letters as evidence in cases of, 84. Advocates' privileges as to certain questions, 112. Affairs of State, ...