DEFICIENCY OF INTELLECT, A ground of incompetency, 188. DELAY, Rejection of evidence as tending to cause, 45, 696. DEMEANOUR OF WITNESS, 17, 123. DEPOSITIONS before justices of the peace, 131, 132, 551–553, 574. Forms of, 24, 570. Oral evidence through oral, or "Hearsay evidence," 24, 570. Written through written, 24, 570. Must be resorted to in philosophical and historical investigations, 54. History of the English law respecting, 140-145, 149–151, 546. In general not admissible as evidence in causâ, 54, 108. Exceptions, 573. Testimony of deceased witness on former trial, 573. Matters of public and general interest, 574. Pedigree, 575. Ancient possession, 576. Declarations by deceased persons against their interest, 577. Dying declarations, 204, 579. in the course of business, 578. Admissible as evidence extrà causam, 550. DESERTION, false confessions of, 647. DIRECT EVIDENCE, Original sense, 22. Secondary sense in jurisprudence, 22, 365. Not infallible, 115, 532, 533. Comparison between and presumptive evidence, 367-370. DIRECTION, To juries respecting artificial presumptions, 400, 401, 433, 463. The adversary's, 721-724. The party's own, 724–726. DISCRETION, Of judge in the reception of evidence, 105, 117, 120, 148, 705. DOCUMENTS, What, 271. Distinguished from "Instruments," 274. DOCUMENTS-(continued.) How obtained when in possession of opposite party, 272. a third party, 272. Admissibility and legal construction of, when received, decided by the All other questions respecting them for the jury, 273. Secondary significations of "Written evidence" and "Evidence in Different sorts of writings, 275. Public, 275, 565. Private, 275. Judicial, 275, 564. Not judicial, 275, 565. Of record, 275, 698. Not of record, 275. Proof of public documents, 276, 562, 565–568. Deeds, 277. Proof of, 278, 606. Instruments not under seal, 278. Meaning of the rule that "parol evidence is inferior to written, &c., Documents, though not evidence, may be used as memoranda to refresh Extrinsic evidence, when receivable to explain written instruments, Interlineations and erasures in, 291. Admission of for purposes of a cause, 726. Inspection of when in the custody or under the control of opposite Presumption against having been tortiously come by, 418. Different from public, 34-36. DYING DECLARATIONS, Admissibility of, 579. Of infants, 204, 579. EASEMENTS, Presumption of extinguishment of, 455. ENJOYMENT, Presumptions in support of, 457–463. ENMITY, To litigant party an objection to the credit of witness, 249. EQUIVOCATION, 742. ERASURES in instruments, 291. ESTOPPELS, What, 611, 612. How they differ from conclusive evidence, 613. Use of, 613. Have a larger operation in civil than in criminal proceedings, 627. In general must be mutual, 614. In general affect only parties and privies, 614. Different kinds of, 616. By matter of record, 616. By deed, 617. By matter in pais, 618. Res judicata, a form of, 702. In criminal cases, 627-629. Found in almost every system of jurisprudence, 138, 613. EVASION OF JUSTICE, Presumption of guilt arising from, 524–529. Presumption of guilt from, 654. EVIDENCE, in general, Original sense of, 8. Secondary sense in jurisprudence, 8. Principal and evidentiary facts, 9. Ab intrà, 10. Ab extrà, 10. Natural, or moral, 27. Direct, 22. Indirect, 22. Conclusive, 22. Presumptive, 22. See PRESUMPTIVE EVIDENCE. EVIDENCE, in general-(continued.) Real, 23. See REAL EVIDENCE. Personal, 23. Original, 23. Unoriginal, derivative, transmitted, or second-hand, 24. See DERIVA- Preappointed or preconstituted, 25, 63, 68. See PREAPPOINTED EVI- DENCE. Casual, 26, 68. Written, 63, 273, 280. See DOCUMENTS. Verbal, 280, 282. Parol, 280, 282. Historical, 36, 51–55. Philosophical, 36, 51, 54. EVIDENCE, judicial, What, 27, 91. Its rules exclusionary or investitive, 27. Necessity for limiting the discretion of tribunals in determining Necessity for speedy action of tribunals, 36. In framing rules of judicial proof, the consequences of decisions Difference between the securities for legal and historical truth, 51. Artificial legal conviction, 77. Double principle of decision, 88. Varies with substantive law, customs of society, &c., 89. Divisible into two kinds, 365. Direct, 365. Circumstantial, 365. Conclusive, 365. Presumptive, 365. See PRESUMPTIVE EVIDENCE. EVIDENCE, English law of, Definition, 91. General view, 91-135. Characteristic features, 94-121. Admissibility of evidence matter of law, weight of evidence Common law tribunal for deciding issues of fact, 96. Rules regulating the admissibility of evidence-The best evi- Tribunals must not decide on their personal knowledge, 108. Original evidence should in general be exacted, 108. INDEX. EVIDENCE, English law of—(continued.) But evidence not answering this condition may be Discretion of judge in certain cases, 105. Whether rules of evidence may be relaxed by consent, Other remarkable features, 121–135. Viva voce examination and cross-examination of witnesses, Publicity of judicial proceedings, 122. History of the rise and progress of, 136–154. A noble system taken as a whole, 155. See INSTRUMENTS of Evidence RULES. EVIDENTIARY FACTS. See EVIDENCE. EXAGGERATION, 21, 741. - IRRELEVANCY PRACTICE- Judgments in rem in, 702. EXCLUSIONARY RULES OF EVIDENCE, 76. See EVIDENCE-Judicial. Proof of, 116, 278, 606. EXEMPLIFICATIONS, Under the great seal, 564. |