44. Amongst presumptions of fact are the presumptions that the ordinary course of nature is observed; that a woman above a certain age will not bear children, and that no person will pay money which he knows not to be due. (See p. 320, supra.) 45. Special presumptions take precedence of general, e. g. the presumption of innocence may be rebutted by the presumption of guilt arising from the recent possession of stolen property. 46. Presumptions derived from the course of nature are stronger than casual presumptions. HEARSAY EVIDENCE. 47. Hearsay evidence is generally not admissible. 48. Hearsay evidence may be given of the evidence of a deceased witness at a former trial between the same parties; of matters of pedigree, and matters of general interest; of the declarations of deceased persons against their own interest, or in the regular course of business, and of dying declarations; also, on interlocutory motions. (See p. 471, supra.) OPINION EVIDENCE. 49. The opinions of witnesses are not receivable as evidence except where the identity of a person or thing is in issue, or where the witness, commonly called an "expert," has professional knowledge of the matters deposed to. (See p. 494, supra.) SELF-REGARDING EVIDENCE. 50. The law rejects what a man has stated on his own behalf, and admits what he has stated against himself; but where a document or statement is partly favorable and partly unfavorable to a party, the whole of it is admissible. (Randle v. Blackburn, 5 Taunt. 245, and p. 506, supra.) ADMISSIONS. 51. An admission is receivable as primary evidence of the contents of a written document. (Slatterie v. Pooley, 6 M. & W. 664, and p. 513, supra.) 52. The fact that a party requested a witness to give false evidence is admissible evidence against such party, as being tantamount to an admission that the party has a bad case. (Moriarty v. London, Chatham, & Dover R. Co., L. R., 5 Q. B. 314, and p. 513, supra.) CONFESSIONS IN CRIMINAL CASES. 53. The confession of the prisoner is admissible evidence against him if freely made, otherwise not. (See p. 537, supra.) ADMISSIONS IN CRIMINAL CASES. 54. Such confession as above is the only admission receivable as evidence against the defendant in criminal cases. (See p. 543, supra.) INDEX. THE REFERENCES ARE TO THE PAGES. ABANDONMENT, of easement, when presumed, 379. ABBREVIATIONS, parol evidence of, 232. judicially noticed, 262. ABDUCTION, A. the female a competent witness in cases of, though married to the accused, 175. dying declarations not admissible, 484, 485. ABSENCE, presumption of death from, 295, 392. (See DEATH.) from jurisdiction as a disability, 481. ABSENT WITNESS, former evidence of, admissible, 472. ABSTRACTS, secondary evidence, 445. ABUSES, of judicial evidence, 55. of artificial presumptions, 32. of the principle of incompetency, 50, 132. ACCEPTOR, cannot dispute signature of drawer, 521. ACCIDENT, an infirmative hypothesis affecting real evidence, 204. ACCOMPLICES, evidence of, admissible, 169. matter for judicial comment, 70, 585. will warrant conviction, 585. ACCUSED PERSONS, incompetency of, as witnesses, 180. exceptions, 180. recommendation of Criminal Code Commission, 181, n. (c). presumed innocent, 345. (See INNOCENCE.) statements made by, in their defence, 620. not subjected to judicial interrogation. 543. of debt by joint promisor, 508. ACQUIESCENCE OF OWNER OF INHERITANCE, ACT OF GOD, what is, 408. excuses carrier, 408. or innkeeper, 409. ACTA, RES INTER ALIOS. (See RES INTER ALIOS.) rule as to; antiquity of, 100, n. (k). meaning of, 487. illustrations of, 489, 491. exceptions to, 492. ACTING IN PUBLIC CAPACITY, presumption from, 352. ACTION, consequences of, presumption as to, 305. proceedings before trial of, 608. at trial of, 614. ACTS OF PARLIAMENT, ACTS OF STATE, judicially noticed, 260. ADDRESSES, of parties or their counsel at trials, how regulated, 615. ADJOURNMENT OF TRIAL, 638. AD MEDIUM FILUM AQUÆ, ownership, when, 405, 406. ADMINISTRATOR, title of, relates back to death of deceased, 317. ADMISSIBILITY OF EVIDENCE, distinction between, and weight of, 67. is matter of law, 70. facts on which it depends are to be decided by the court, 70. -- general rule respecting, - the best evidence must be given, 78. (See BEST |