Powell's Principles and Practice of the Law of EvidenceButterworth, 1904 - 621 pages |
From inside the book
Results 1-5 of 83
Page 19
... tion of a writing ( d ) . In cases of indictable tort , where guilt or innocence is to be inferred from the contents and meaning of a writing , the construction is for the jury . Thus , on an indictment for writing a menacing letter ...
... tion of a writing ( d ) . In cases of indictable tort , where guilt or innocence is to be inferred from the contents and meaning of a writing , the construction is for the jury . Thus , on an indictment for writing a menacing letter ...
Page 20
... tion to speak the truth ( including the parties to civil proceedings , but not , as a general rule , a prisoner or defendant , on a criminal . charge ) , are competent , and , in general , compellable , witnesses in every court of ...
... tion to speak the truth ( including the parties to civil proceedings , but not , as a general rule , a prisoner or defendant , on a criminal . charge ) , are competent , and , in general , compellable , witnesses in every court of ...
Page 22
... tion under the Oaths Act , 1888 ( p ) . Although tender age is no objection to the infant's competency , he can- not , when wholly destitute of religious education , be made competent by being superficially instructed just before a ...
... tion under the Oaths Act , 1888 ( p ) . Although tender age is no objection to the infant's competency , he can- not , when wholly destitute of religious education , be made competent by being superficially instructed just before a ...
Page 32
... book ; but as their provisions in respect of the matter under consideration have been , with one excep- tion , superseded by the Criminal Evidence Act , 1898 , hereinafter mentioned , it is unnecessary to set out any 32 LAW OF EVIDENCE .
... book ; but as their provisions in respect of the matter under consideration have been , with one excep- tion , superseded by the Criminal Evidence Act , 1898 , hereinafter mentioned , it is unnecessary to set out any 32 LAW OF EVIDENCE .
Page 37
... tion of the person charged , unless the offence is under one of the six enactments mentioned in the schedule to the Act ( m ) , or in cases where at common law the wife or husband of a person charged can be called without the consent of ...
... tion of the person charged , unless the offence is under one of the six enactments mentioned in the schedule to the Act ( m ) , or in cases where at common law the wife or husband of a person charged can be called without the consent of ...
Common terms and phrases
action admitted affidavit agent alleged Amendment answer appears apply Beav bill Bing charged claim client compellable contract copy court Cox C. C. criminal cross-examination custody debtor deceased declarations deed defendant document dying declarations entry equity estopped estoppel examined fact fraud give evidence ground H. L. Cas hearsay held House of Lords husband inadmissible indictment intended interest issue judge judgment jury justice L. J. Ch L. J. Ex letter liable litigation locus in quo Lord Lord ELLENBOROUGH manor marriage matter ment notice oath offence opinion parol party payment perjury person plaintiff presumed presumption prima facie principle prisoner privilege proceedings produce proof proved purporting purpose question Rail rebut received refuse rule seal secondary evidence solicitor statement Statute Statute of Frauds subsequent sufficient tenant testator tion trial ubi supra unless Vict wife witness writing written
Popular passages
Page 355 - ... unless in the meantime some part of the principal money, or some interest thereon, shall have been paid, or some acknowledgment of the right thereto shall have been given in writing, signed by the person by whom the same shall be payable, or his agent, to the person entitled thereto, or his agent...
Page 566 - Judge may at any time for sufficient reason order that any particular fact or facts may be proved by affidavit, or that the affidavit of any witness may be read at the hearing or trial, on such conditions as the Court or Judge may think reasonable...
Page 27 - ... the parties thereto, and the persons in whose behalf any such suit, action, or other proceeding may be brought or defended, shall, except as hereinafter excepted, be competent and compellable to give evidence, either viva voce or by deposition, according to the practice of the court, on behalf of either or any of the parties to the said suit, action, or other proceeding.
Page 344 - June all declarations or creations of trusts or confidences of any lands, tenements or hereditaments, shall be manifested and proved by some writing, signed by the party who is by law enabled to declare such trust, or by his last will in writing, or else they shall be utterly void and of none effect.
Page 529 - ... on the trial of any issue joined, or of any matter or question, or on any inquiry arising in any suit, action, or...
Page 419 - ... a certificate containing the substance and effect only (omitting the formal part) of the indictment and conviction for such offence, purporting to be signed by the Clerk of the Court or other officer having the custody of the records of the Court where the offender was...
Page 455 - ... purport to be signed by the justice by or before whom the same purports to have been taken...
Page 351 - Benefit thereof, unless such Acknowledgment or Promise shall be made or contained by or in some Writing to be signed by the Party chargeable thereby; and that where there shall be Two or more Joint Contractors, or Executors or Administrators of any Contractor, no such Joint Contractor, Executor, or Administrator shall lose the Benefit of the said Enactments or Ch.
Page 243 - Any party, by notice in writing, at any time not later than ten days before the term or day for which notice of trial has been given, may call on any other party to admit, for the purposes of the cause, matter or issue only, any specific fact or facts mentioned in such notice.
Page 566 - Judge may think reasonable, or that any witness whose attendance in court ought for some sufficient cause to be dispensed with be examined by interrogatories or otherwise before a commissioner or examiner ; provided that, where it appears to the Court or Judge that the other party...