CIVIL LAW-(continued.) Proof of handwriting in, 294. Rules of, as to competency of witnesses, 69, 71. CLERGYMEN, Admissibility of confessions made to, 690-694. See also 599. 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. Are either moral or physical, 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. 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. COUNTY COURTS, 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. Presumption of grants from, 442. 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. DEFICIENCY OF INTELLECT, A ground of incompetency, 188. DELAY, Rejection of evidence as tending to cause, 45, 696. DEMEANOUR OF WITNESS, 17, 123. DEPOSITIONS before justices of the peace, 131, 132, 551–553, 574. Forms of, 24, 570. Oral evidence through oral, or "Hearsay evidence," 24, 570. Written through written, 24, 570. Infirmity of, 24, 570. Must be resorted to in philosophical and historical investigations, 54. History of the English law respecting, 140-145, 149–151, 546. In general not admissible as evidence in causâ, 54, 108. Exceptions, 573. Testimony of deceased witness on former trial, 573. Pedigree, 575. Ancient possession, 576. Declarations by deceased persons against their intercst, 577. To juries respecting artificial presumptions, 400, 401, 433, 463. The adversary's, 721-724. The party's own, 724-726. DISCRETION, Of judge in the reception of evidence, 105, 117, 120, 148, 705. DOCUMENTS, What, 271. Distinguished from "Instruments," 274. DOCUMENTS-(continued.) How obtained when in possession of opposite party, 272. a third party, 272. Admissibility and legal construction of, when received, decided by the All other questions respecting them for the jury, 273. Secondary significations of "Written evidence" and "Evidence in Different sorts of writings, 275. Public, 275, 565. Private, 275. Judicial, 275, 564. Not judicial, 275, 565. Of record, 275, 698. Not of record, 275. Proof of public documents, 276, 562, 565–568. Deeds, 277. Proof of, 278, 606. Instruments not under seal, 278. Meaning of the rule that "parol evidence is inferior to written, &c., Documents, though not evidence, may be used as memoranda to refresh Extrinsic evidence, when receivable to explain written instruments, 284-291. Interlineations and erasures in, 291. Stamps, 292. Admission of for purposes of a cause, 726. Inspection of when in the custody or under the control of opposite Presumption against having been tortiously come by, 418. DOMESTIC JURISDICTION, Different from public, 34-36. DOMICIL, Presumptions relating to, 488. DOUBLE PRINCIPLE OF DECISION, 88, 103. DRUNKENNESS, Incompetency of witnesses from, 170. Self-disserving statements by parties in a state of, 608. DURATION Of Life, Presumptions respecting, 476-481. DURESS, Instruments avoided by, 288. Confession obtained by not receivable, 629. DUTY, Presumption of discharge of, 415. |