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XL. Any entry in any books proved to have been regularly kept in the course of business or in any public office, so far as such entry merely refers to and tends to identify by name, description, number, or otherwise, any bank notes, or other securities for the payment of money, or other property, and the payer in or receiver of them, shall, in any case where such identification is necessary to be proved, be admissible in evidence for that limited purpose, if it shall appear to have been made at or about the time of the transaction to which it relates, though the person who made it, or he on whose information it was made, is alive and capable of being produced as a witness.

XLI. Any receipt in writing, acknowledging the receipt of any money, valuable securities or goods, shall, on proof of the execution thereof, be admissible in evidence before such court or person aforesaid, not only against the party giving it, but also against any person in whose favour such receipt would operate as a discharge, or to whom it would render the person giving it liable for the money, security, or goods acknowledged to have been received.

XLII. When a receipt would be admissible under the preceding section if given by a principal, a receipt given by an agent or servant of such principal shall in like manner be evidence upon proof of the authority to give such receipt.

XLIII. Books proved to have been regularly kept in the course of business or in any public office shall be admissible as corroborative, but not as independent proof of the facts stated therein.

XLIV. The following documents may be admitted as corroborative evidence:-certificates of shares, and of registration thereof, bills of lading, invoices, account, sales, receipts usually given on the payment, deposit, or delivery of money, goods, securities or other things, provided they be proved to have been given in the ordinary course of business.

XLV. A witness may be allowed before any such court or person aforesaid to refresh his memory by any writing made by himself or by any other person at the time when

the fact occurred or immediately afterwards, or at any other time when the fact was fresh in his memory, and he knew that the same was correctly stated in the writing. In such case, the writing shall be produced and may be seen by the adverse party, who may, if he choose, cross-examine the witness upon it.

XLVI. 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 or person, under the circumstances, be satisfied that there is sufficient reason for the non-production of the original.

XLVII. In cases of pedigree, the declarations of illegitimate members of the family and also of persons who, though not related by blood or marriage to the family, were intimately acquainted with its members and state, shall be admissible in evidence after the death of the declarant, in the same manner and to the same extent as those of deceased members of the family.

XLVIII. On an inquiry whether a signature, writing, or seal is genuine, any undisputed signature, writing, or seal, of the party whose signature, writing or seal, is under dispute, may be compared with the disputed one, though such signature, writing or seal, be on an instrument which is not evidence in the cause.

XLIX. Any power of attorney which has been executed at a place distant more than one hundred miles from the place wherein the action, suit or proceeding is depending, may be proved by the production of it, without further proof, when it purports, on the face of it, to have been executed before, and authenticated by a notary public, or any court, judge, consul, or magistrate.

L. Whenever it is proved that a letter-book is kept, and that, according to the usual course of business, letters are copied into such book and dispatched, and the letter-book is produced, and it is proved that the letter was dispatched according to the usual practice, to the best of the knowledge and belief of the witness, having reasonable ground

for forming that belief, the court may presume the dispatch of that letter according to the usual course of business.

LI. Any book proved to have been kept for marking the dispatch and receipt of letters, containing an entry of the dispatch of a letter and an acknowledgment of the receipt of such letter, shall, on proof that such entry was made in the usual course of business, be primâ facie evidence of the receipt of such letter.

INDEX.

ACCOMPLICE:

a competent witness

how evidence of, ought to be corroborated
sufficiency of evidence of

ACCORD AND SATISFACTION:

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ADMISSIBILITY OF EVIDENCE, See Evidence.

ADMISSION. See also Estoppel.

by accomplice in conspiracy

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ADMISSION-continued.

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by acts of acknowledgment

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PAGE

196

200

200, 204

200, 204

201

204

205, 206

206

207

in settlement cases

by surety against principal

of correctness of accounts

by payment of rent

by agents

by partners

by executors

by payment of interest

by directors of companies

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AFFIDAVITS IN CHANCERY:

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28, 29

209-218

214

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