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

1

99

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 or

187

Absent

XIX.-Judicial Notice and the Proof of Foreign Laws

IV. Secondary Evidence-Proof of Handwriting-Attesting

Witnesses-Writings which refresh the Memory

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

The Statutes of Frauds and of Limitations-

Prescription

VI.-Inadmissibility of Extrinsic Evidence to contradict or

vary Written Evidence..

VII.—Admissibility of Extrinsic Evidence to explain Written

Evidence

328

340

. 376

.. 390

PART III.

CHAPTER I.-The Attendance of Witnesses

.. 407

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

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

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

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)

PAGE

.. 553

.. 555

. 557

.. 558

560

..

28 Vict. c. 18 (Evidence and Criminal Practice Act, 1865)

14 & 15 Vict. c. 99 (An Act to Amend the Law of Evidence)

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)

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)

565

. 567

568

566

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) ..

582

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

.. 583

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

583

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

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

584

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

Debt Act, 1882)

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)

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

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)

THE GOVERNMENT BILL TO AMEND THE LAW OF EVIDENCE, 1897

.. 621

.. 622

LIST OF STATUTES containing Provisions under which Defendants in

Criminal Proceedings and their Wives and Husbands can give

Evidence

, 624

625