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 Incompetency of

Parties to Criminal Proceedings-Matters not pro-

vable by a Single Witness-The Testimony of

Accomplices

IV. The Rule that the best Evidence must be given-

Primary and Secondary Evidence

PAGE

.. 132

IX.-Hearsay in Matters of Public and General Interest.. 143

XIV. Evidence of Declarations made in the course of

Business or Professional Duty ..

XV.-Evidence of Statements by Deceased

Witnesses..

XVI.-Admissions ..

..

or Absent

187

XIX.-Judicial Notice and the Proof of Foreign Laws

.. 279

IV. Secondary Evidence-Proof of Handwriting-Attesting

Witnesses-Writings which refresh the Memory .. 328

V.—Matters which are required to be proved by writing—

The Statutes of Frauds and of Limitations-

Prescription

340

376

VI.-Inadmissibility of Extrinsic Evidence to contradict or

vary Written Evidence..

VII.-Admissibility of Extrinsic Evidence to explain Written

II. The Examination, Cross-Examination, and Re-Exami-

501

VII.-Discovery and Interrogatories

VIII.—Private Writings, Inspection, and Notice to Produce 514

IX.-Stamps

537

.. 545

X.-Affidavits-New Trials-Appeals-Perpetuating Tes-

timony

APPENDIX.

8 & 9 Vict. c. 113 (Documentary Evidence Act, 1845)
31 & 32 Vict. c. 37 (Documentary Evidence Act, 1868)
45 & 46 Vict. c. 9 (Documentary Evidence Act, 1882)

.. 558

28 Vict. c. 18 (Evidence and Criminal Practice Act, 1865)
14 & 15 Vict. c. 99 (An Act to Amend the Law of Evidence) .. 560
16 & 17 Vict. c. 83 (An Act to Amend an Act of the Fourteenth
and Fifteenth Victoria, Chapter Ninety-nine)

6 & 7 Vict. c. 82 (Commissions for Witnesses Act)

565

.. 567

568

57 & 58 Vict. c. 60 (Merchant Shipping Act, 1894)

32 & 33 Vict. c. 68 (An Act for the Further Amendment of

the Law of Evidence)

25 & 26 Vict. c. 89 (Companies Act, 1862)

40 & 41 Vict. c. 26 (Companies Act, 1877)

53 & 54 Vict c. 63, s. 8 (Companies Winding-up Act, 1890)

46 & 47 Vict. c. 52 (Bankruptcy Act, 1883)..

The Bankruptcy Rules, 1886 and 1890

34 & 35 Vict. c. 112 (Prevention of Crimes Act, 1871)

33 & 34 Vict. c. 14 (Naturalization Act, 1870)

33 & 34 Vict. c. 52 (Extradition Act, 1870)..

. 580

581

582

36 & 37 Vict. c. 60 (Extradition Act, 1873)..

.. 583

38 & 39 Vict. c. 60 (Friendly Societies Act, 1875)..

56 & 57 Vict. c. 39 (Industrial and Provident Societies Act, 1893) 583

42 Vict. c. 11 (Bankers' Books Evidence Act, 1879)

45 & 46 Vict. c. 72 (Revenue, Friendly Societies and National

Debt Act, 1882)

583

584

586

41 & 42 Vict. c. 31 (Bills of Sale Act, 1878)

. 587

44 & 45 Vict. c. 69 (Fugitive Offenders Act, 1881)

55 Vict. c. 4 (Betting and Loans (Infants) Act, 1892)

. 593

55 Vict. c. 6 (Colonial Probates Act, 1892)

595

55 & 56 Vict. c. 64 (Witnesses (Public Inquiries) Protection

.. 612

.. 612

No. 13 (Admission of Facts, pursuant to Notice)

No. 14 (Notice to produce (general form))

No. 20 (Notice of Cross-Examination of Deponents at Trial) .. 613

THE GOVERNMENT BILL TO AMEND THE LAW OF EVIDENCE, 1897

. 622

LIST OF STATUTES containing Provisions under which Defendants in

Criminal Proceedings and their Wives and Husbands can give

Evidence

624

.. 625