record; but it may be afterwards rejected upon proof that there is no such record. § 1670. Partial evidence is that, which goes to establish a detached fact, in a series tending to the fact in dispute. It may be received, subject to be rejected as incompetent, unless connected with the fact in dispute, by proof of other facts. For example, on an issue of title to real property, evidence of the continued possession of a remote occupant is partial, for it is of a detached fact, which may or may not be afterwards connected with the fact in dispute. § 1671. That evidence is deemed satisfactory, which ordinarily produces moral certainty, or conviction in an unprejudiced mind. Such evidence alone will justify a verdict. Evidence less than this is denominated slight evidence. § 1672. Indispensible evidence is that, without which a particular fact cannot be proved. § 1673. Conclusive or unanswerable evidence is that, which the law does not permit to be contradicted. For example, the record of a court of competent jurisdiction cannot be contradicted by the parties to it. § 1674. Cumulative evidence is additional evidence of the same character, to the same point. § 1675. Corroborative evidence is additional evidence of a different character, to the same point. § 1676. This part of the code is divided into six titles: The first contains the general principles of evidence: The second relates to the kinds and degrees of evidence and contains the rules by which is determined what may be received as evidence: The third title relates to the production of evidence; The fourth relates to the effect of evidence: The fifth relates to the rights and duties of witnesses; The sixth relates to evidence in particular cases, and contains also miscellaneous and general provisions. TITLE I. OF THE GENERAL PRINCIPLES OF EVIDENCE. SECTION 1677. One witness sufficient to prove a fact. 1678. Testimony confined to personal knowledge. 1685. Declarations of deceased person, evidence of pedigree. 1686. Declarations of deceased person, evidence against his successor in interest. 1687. When part of a transaction proved, the whole is admissable. 1689. An agreement reduced to writing, deemed the whole. 1694. Terms to be construed in their general acceptation. 1698. A written instrument construed as understood by parties. 1701. Material allegation only to be proved. 1702. Evidence confined to material allegation. 1703. Affirmative only to be proved. 1704. Facts which may be proved on trial. § 1677. The direct evidence of one witness, who is entitled to full credit, is sufficient for proof of any fact, except usage, perjury and treason. It was at first our intention, whenever the rule stated is the same as that which now prevails, to refer to the authorities in support of them. But upon reflection, we abandoned that intention, because it might lead into an unprofitable discussion, whether the rule was correctly stated, rather than whether the rule was right. There is so much that is new, blended with that which is old, that it was thought better, to leave the provisions to speak for themselves, with the general observations that accompany this report. § 1678. A witness can testify of those facts only which he knows of his own knowledge, that is, which are derived from his own perceptions; except in those few express cases, in which his opinions, or inferences or the declarations of others, are admissable. § 1679. A witness can be heard only upon oath or affirmation; and, upon a trial, he can be heard only, in the presence, and subject to the examination, of all the parties, if they choose to attend and examine. § 1680. A witness is presumed to speak the truth. This presumption, however, may be repelled by the manner in which he testifies, by the character of his testimony, or by evidence affecting his character or motives, or by contradictory evidence; and the jury are the exclusive judges of his credibility. § 1681. The rights of a party cannot be prejudiced by the declaration, act or omission of another, except by virtue of a particular relation between them; therefore proceedings against one cannot affect another. § 1682. Where, however, one derives title to real property from another, the declaration, act or omission of the latter, while holding the title, in relation to the property is evidence against the former. § 1683. Where also the declaration, act or omission, forms part of a transaction, which is itself the fact in dispute, or evidence of that fact, such declaration, act or omission, is evidence, as part of the transaction. § 1684. And where the question in dispute between the parties, is the obligation or duty of a third person, whatever would be evidence for or against such person, is primary evidence between the parties. § 1685. The declaration, act or omission of a member of a family, who is deceased, or out of the jurisdiction, is also admissible as evidence of common reputation, in cases where, on questions of pedigree, such reputation is admissible. § 1686. The declaration, act or omission of a deceased person, having sufficient knowledge of the subject, against his pecuniary interest, is also admissible as evidence to that extent, against his successor in interest. § 1687. When part of an act, declaration, conversation or writing, is given in evidence by one party, the whole, on the same subject, may be inquired into by the other; when a letter is read, the answer may be given; and when a detached act, declaration, conversation or writing is given in evidence, any other act, declaration, |