AWARDS, Presumptions in favour of, 425. BANK BOOKS, 275. BASTARDY, Presumption against, 417. Corroborative evidence in, 671, 686. BEGINNING, ORDER OF; ORDO INCIPIENDI; OR RIGHT TO BEGIN, Principles by which it is governed, 713-716. Decided by the judge, 706, 716. Erroneous ruling respecting, how rectified, 716. Advantages and disadvantages of, 717. BELIEF, In human testimony, 11, 169. Of juries, 463. Religious, Want of, a ground of incompetency, 207. BENEFICIAL ENJOYMENT, Presumptions made in support of, 457. BENEFIT, Presumption of willingness to accept, 468. False confessions from desire of, 647. BEST EVIDENCE must be given, 69, 94, 106, 364. An actual marriage must be proved, 417. BILL OF EXCHANGE, Consideration for, presumed, 387, 495. General test for determining, 334. Rules of- 1. The burden of proof lies on the party who asserts the affirma- 2. May be shifted by certain presumptions, and by primâ facie evidence, 340, 392, 393, 395. 3. Lies on the party who has peculiar means of knowledge, 340. Sometimes regulated by statute, 335, 501. Technical rules of, not so strictly followed when they press against accused persons, 113, 396. Incumbency of proof decided by the judge, 96. When shifted by the possession of stolen property, 265. BUSINESS, Presumptions from course of, 472. Declarations by deceased persons in course of, 577. Secrets of, not privileged from disclosure, 695. CALCULUS OF PROBABILITIES, Futile attempts to apply to judicial testimony, 85. CAMP FIGHT, 38. CANON LAW, Number of media of proof required in, 73, 658. Adultery cannot be proved by confession alone, 505. CANONICAL PURGATION, 38. CAUSA, evidence in, 105. CAUSAM, evidence extrà, 105. Discussion of the question whether rule requiring primary evidence extends to, 539-556. CASUAL, Evidence, 26, 68. Tribunal, 94, 99. CERTAINTY, Original sense of, 5. Secondary signification-Moral certainty, 6. Moral certainty of guilt required in criminal cases, 114, 503. CHAIN of evidentiary facts, 367, 370. Probative force of, in presumptive proof, 370. CHANGE OF LIFE OR CIRCUMSTANCES, Presumption of guilt from, 393, 524. CHARACTER, evidence of, Generally speaking, not receivable, 110, 323. Of parties, 323–329. Of witnesses, 329. CHEMICAL TESTS of poison, 514, 592. CHILDREN, Testimony of, 196-206. Dying declarations of, 204, 579. CIRCUMSTANTIAL EVIDENCE, Different kinds of, 22, 251, 254, 365. How differing from estoppel, 613. Presumptive, 22, 365. See PRESUMPTIVE EVIDENCE. Admissible as well as direct, 365, 670, 672, 678. Comparison between and direct evidence, 367-370. Not affected by the rule requiring primary evidence, 569. Number of media of proof required by, 74-79, 658. CIVIL LAW (continued.) Proof of handwriting in, 294. Rules of, as to competency of witnesses, 69, 71. Extravagant weight attached by to confessions, 632. See also 599. Admissibility of confessions made to, 690-694. Confession made after exhortations of to confess, receivable, 629, 690. CLERK of professional adviser, Communications to, privileged from disclosure, 689. COGENT evidence of grant, 439. COINCIDENCES, Form the elements or links of chains of presumptive proof, 370. Force of physical coincidences, 255. Must not be raised, 319, 329, 722. To examine witnesses, 46, 124, 127. COMMON CARRIERS, 495. COMPARISON, Proof of handwriting by, 300-314. Not in general receivable, 300. Used in a wide sense by our ancient lawyers, 316. CONCLUSIVE, Decisions, 697. Evidence, how distinguished from estoppels, 613. CONFESSION, By party not examined as witness, too remote to be legal evidence, 110. Only evidence against the party making, 110, 585. False confessions. See SELF-DISSERVING EVIDENCE. CONFIDENTIAL COMMUNICATIONS. CONFLICTING, See PRIVILEGED COMMUNICATIONS. principal and evidentiary facts, 33, 109, 110, 320, 330. Evidence without, valuable as indicative evidence, 112. CONSENT, Whether and how far rules of evidence may be relaxed by, 116-121. CONSIDERATION, For instruments under seal conclusively presumed, 277, 495. For bills of exchange and promissory notes presumed, though re- buttable, 387, 472. Of parol agreements must be proved, 277, 495. CONSPIRACY, Evidence on charges of, 583, 584. CONSTRUCTION OF INSTRUMENTS, Presumptions relating to, 414, 427. CONTEMPT Of Court, Presumption against, 413. CONTINUANCE of things in their existing state, presumption of, 473–481. Under seal, 277, 495. Not under seal, 277, 495. Abroad, 489. CONVICTIONS BY MAGISTRATES, 424. COPIES, Various kinds of, 564-568. CORPUS DELICTI, Proof of, In general, 503-515. By confessorial evidence, 506, 631. Of accomplices, 222, 223. In bastardy, 671, 686. In perjury, 670-674. COUNSEL, Communications to, privileged from disclosure, 56, 689. Practice respecting allowance of in criminal cases, 707-711. CRIMINAL PROCEEDINGS, Rules of evidence in general the same as in civil, 113. Exceptions, 113. Rules of evidence not relaxed by consent in, 116. Presumptive evidence in. See PRESUMPTIVE EVIDENCE. Confessions in. See SELF-DISSERVING EVIDENCE. Difference as to the effect of evidence in civil and criminal proceed- Must be moral certainty of guilt in criminal proceedings, 114, 503. CRIMINATE, questions tending to. See WITNESS. Right of, 121, 707. Advantages of, 121, 747. Leading questions allowed on, 718. Rules for conducting, 737-746. CROWN, No prescription against, 430. CUSTOMS, local, must be proved, 27. DEAF AND DUMB PERSONS, May be witnesses, 190. How examined, 190. DEATH, Presumption of, from absence, 477. Proof of cause of in homicide, 510-515, 590, 592. Debt, Presumption of continuance of, 473. DECLARATIONS, On questions of public and general interest, &c. 575. By deceased persons, 577. Against their interest, 577. In the course of business, 577. By persons in expectation of death. See DYING DECLARATIONS. Presumption of guilt from, 522. Substituted for oaths in certain cases, 224. DEED, What, 65, 277. Consideration for, presumed, 277, 495. Impeachable for fraud, 277, 288. How proved, 278, 426, 606. Estoppel by, 616, 617. |