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CONTENTS.
PART I.
CHAPTER I.-General Principles of Evidence
II.-The Functions of Judge and Jury
III.-The Competency of Witnesses-The Competency
of Parties to Civil Proceedings-The Incom-
petency of Parties to Criminal Proceedings--
Matters not provable by a Single Witness—
The Testimony of Accomplices
IV. The Rule that the best Evidence must be given-
Primary and Secondary Evidence
PAGE
.. 157
. 170
.. 186
.. 193
.. 205
214
VIII.-Hearsay or Second-hand Evidence
IX.-Hearsay in Matters of Public and General
X.-Evidence of Ancient Possession
XI.-Evidence in Questions of Pedigree
XII.-Evidence of Dying Declarations ..
XIII. Declarations against Interest
XIV. Evidence of Declarations made in the course of
Business or Professional Duty
226
XV.-Evidence of Statements by Deceased or Absent
XIX.-Judicial Notice and the Proof of Foreign Laws.. 334
PART II.
WRITTEN EVIDENCE.
CHAPTER I.-Introductory
II.-Public Judicial Documents
III.-Public Non-Judicial Writings
IV. Secondary Evidence-Proof of Handwriting—
Attesting Witnesses-Writings which refresh
V.-Matters which are required to be proved by
Writing-The Statutes of Frauds and of
Limitations-Prescription
396
VI.—Inadmissibility of Extrinsic Evidence to con-
tradict or vary Written Evidence
VII.-Admissibility of Extrinsic Evidence to explain
Written Evidence
453
471
PART III.
CHAPTER I.-The Attendance of Witnesses
II.-The Examination of Witnesses
III.-The Substance of the Issue
IV. Variances and Amendments
V.-The Relevancy of Evidence
VI.-Depositions ..
VII.-Private Writings, Inspection, and Notice to
Produce
VIII.-Interrogatories
IX.-Stamps
559
575
.. 608
.. 634
.. 648
659
X.-Affidavits-New Trials-Appeals-Perpetuating
APPENDIX.
.. 671
8 & 9 Vict. c. 113 (Documentary Evidence Act, 1845)
31 & 32 Vict. c. 37, ss. 2, 3 and 6 (Documentary Evidence Act,
676
45 & 46 Vict. c. 9 (Documentary Evidence Act, 1882)
17 & 18 Vict. c. 125, ss. 22-27 (Common Law Procedure Act,
14 & 15 Vict. c. 99 (An Act to Amend the Law of Evidence).. 680
16 & 17 Vict. c. 83 (An Act to Amend an Act of the Fourteenth and Fifteenth Victoria, Chapter Ninety-nine) ..
17 & 18 Vict. c. 104 (Merchant Shipping Act, 1854) ..
.. 686
. 687
32 & 33 Vict. c. 68 (An Act for the Further Amendment of
the Law of Evidence)
25 & 26 Vict. c. 89 (Companies Act, 1862)
688
.. 689
53 & 54 Vict. c. 63, s. 8 (Companies Winding-up Act, 1890).. 692
46 & 47 Vict. c. 52, ss. 105 (5), 132–138, 140, 142 and 143 (1)
(Bankruptcy Act, 1883)
The Bankruptcy Rules, 1886
.. 694
.. 697
34 & 35 Vict. c. 112, parts of ss. 7 and 15, and ss. 18 and 19
(Prevention of Crimes Act, 1871)..
33 & 34 Vict. c. 14, s. 12 (Naturalization Act, 1870) ..
33 & 34 Vict. c. 52, ss. 14 and 15 (Extradition Act, 1870) .. 703
36 & 37 Vict. c. 60, s. 4 (Extradition Act, 1873)
38 & 39 Vict. c. 60, s. 39 (Friendly Societies Act, 1875)
39 & 40 Vict. c. 45, ss. 11 (11), 24 (Industrial and Provident
Societies Act, 1876)
42 Vict. c. 11 (Bankers' Books Evidence Act, 1879)
705
45 & 46 Vict. c. 72 (Revenue, Friendly Societies and National
Debt Act, 1882)
41 & 42 Vict. c. 31, ss. 4-7 (Bills of Sale Act, 1878)..
708
.. 712
.. 713
44 & 45 Vict. c. 69, s. 29 (Fugitive Offenders Act, 1881)
54 & 55 Vict. c. 39, s. 15 (Stamp Act, 1891)
55 & 56 Vict. c. 64 (Witnesses (Public Inquiries) Protection
Act, 1892)
RULES OF THE SUPREME COURT, 1883:
715
No. 6 (Interrogatories)
No. 7 (Answer to Interrogatories)
No. 8 (Affidavit as to Documents)
No. 9 (Notice to produce Documents)
No. 10 (Notice to inspect Documents)
No. 11 (Notice to admit Documents)
No. 12 (Notice to admit Facts)
No. 13 (Admission of Facts, pursuant to Notice)..
No. 14 (Notice to produce (general form))..
734
No. 20 (Notice of Cross-Examination of Deponents at
Trial)
COUNTY COURT RULES, 1889:
Order XVI.
Order XVIII.
Order XIX.
:::
THE GOVERNMENT BILL TO AMEND THE LAW OF EVIDENCE, 1892 746
INDEX
. 751