if he is incapable of giving evidence by reason of his subsequent loss of understanding, or is at the time of the trial or hearing bona fide and permanently beyond the reach of the process of the Court, or cannot after diligent search be found. Entry in course of business when admis sible for purpose of identification. 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 of goods, shall, on proof of the execution thereof, be admissible in evidence before Receipt when evidence against person other than the giver. such Court or person aforesaid, not only against the party giving it, but also against any person in whose favor 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. Whenever a receipt would be admissible under the preceding Receipt of Agent. 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. Books kept in course XLIII. Books proved to have been regularly kept of business or in a pub. 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. lic office, admissible as corroborative evidence. ble XLIV. The following documents may be admitted as corroborative evidence-Certificates of shares, and of registration Documents admissi evidence. as corroborative 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 shall be allowed before any such Court or person Refreshing memory aforesaid to refresh his memory by any writing made of witness. 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. Court may permit a copy of document to be used to refresh memory. Declarations of ille 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, Comparison of hand- any undisputed signature, writing or seal of the party, writing, &c. 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. gitimate persons, &c. admissible in questions of pedigree. XLIX. Any Power of Attorney, which has been executed at a place Proof of power of distant more than 100 miles from the place wherein Attorney. the action, suit or proceeding is depending, may be proved by the production of it, without further proof, where 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, accordProof of dispatch of ing to the usual course of business, letters are copied letter by Letter Book. 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 receiptofletters, 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. LII. So much of Section VI of Act XV of 1852 as provides that every such application as therein mentioned shall be made before issue joined in any such action, or twenty-one days before the trial or hearing of any other legal proceeding as therein mentioned, is hereby repealed. What to be primê facie proof of receipt of letter. Repeal of part of Section VI of Act XV of 1852. LIII. The provision contained in the 16th Section of Act VI of 1854, that affidavits of particular witnesses, or affidavits as to Extension of Section 1854. XVI of Act VI of particular facts or circumstances, may, by consent of the parties, or by leave of the Court obtained upon no tice, be used in the hearing of any cause on the Equity side of the Supreme Courts, shall extend to all civil actions, suits and proceedings on all sides of the Courts. Extension of Section 1854. pro LIV. So much of the 17th Section of the same Act as provides that, upon the hearing of any motion, petition or other XVII of Act VI of ceeding in any of the said Supreme Courts, the Court may, upon the application of any of the parties thereto, or of its own accord, require and enforce the attendance and oral exmination before itself of any witness or of any party to the suit, and may also require and enforce the production of any document or documents, and may direct the costs of the attendance and examination of such witness or party to be paid by such of the parties to the suit, or in such manner as it may think fit, shall extend to all civil actions, suits and proceedings on all sides of the said Court. LV. The 33rd Section of the Act No. VI of 1824, which applies only to proof of accounts on the Equity side of the said Supreme Courts, shall extend to and embrace all accounts directed to be taken on any side of the said Courts. Section XXXIII of Act VI of 1854 extended. cuments. LVI. Whenever, by any Statute or Act, Regulation or Ordinance nowin force, or any Statute or Act to be hereafter in force, any Proof of official do- certificate, certified copy, or other documents, shall be receivable in evidence of any particular in any Court of Justice, the same, if it is substantially in the form and purports to be executed in manner directed by the Statute, Act, Regulation, or Ordinance which makes it evidence, shall be primâ facie evidence, where it is rendered admissible, without proof of any seal, stamp, signature, character or authority, which it is directed to have, or from which it is directed to proceed. LVII. The improper admission or rejection ofevidence shall not be ground of itselffor a new trial or reversal of any decision in any case, if it shall appear to the Court before which such objection is raised, that, independently of the evidence objected to and admitted, there was sufficient evidence to justify the deci sion, or that if the rejected evidence had been received, it ought not to have varied the decision. No new trial for reimproper jection or reception of evidence. Act not to render inadmissible evidence now admitted in the Company's Courts. LVIII. Nothing in this Act contained shall be so construed as to render inadmissible in Court any any evidence which, but for the passing of this Act, would have been admissible in such Court. 780,784 464,466 ABILITY, of witness--cross-examination directed to test ACCESS, (See Legitimacy.) ACCOMPLICE, absconding witness. (See Civil Procedure Code.) ... ACCOUNTS, merchant's corroborative evidence ACCOUCHEUR, entry against interest in the books of, receiv. ... ACQUAINTANCES, intimate-declarations of, admissible in ... truth of recitals in, primâ facie established, but may be rebutted ... 446 248 hearsay evidence receivable to prove 5855 50 69 95 ... 201 107 production of previous statements referred to may be 203,582 107,322 107 205 108 The first column of references is to the Sections. the same rule applies to conversations 206,207 108 108 ... 109,111 109,112,113 218 115 ... 219 115 of privies-equally receivable with admissions of parties.. 220,222 226,226(m) 117 117,118 of Counsel-stand on much the same footing of party as to execution of documents, obviates necessity 555 308 ADULTS, when incapable of being sworn trials may be put off until they are capable of giving ADVERTISEMENTS, in Newspapers-proof of ADVOCATE, (See Counsel and Client.) AFFIRMATIONS-SOLEMN, largely substituted for oaths in New York Civil Code provides that any person may AFFIRMATIVE, by Mahomedan law, if defendant denies, ... 705 414 84 46 20 |