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DYING DECLARATIONS,

Admissibility of, 579.

Of infants, 204, 579.

EASEMENTS,

Presumption of extinguishment of, 455.

ENJOYMENT,

Presumptions in support of, 457-463.

ENMITY,

To litigant party an objection to the credit of witness, 249.

EQUIVOCATION, 742.

ERASURES in instruments, 291.

ESTOPPELS,

What, 611, 612.

How they differ from conclusive evidence, 613.

Use of, 613.

Have a larger operation in civil than in criminal proceedings, 627.
Rules relative to, 614.

In general must be mutual, 614.

In general affect only parties and privies, 614.
Conflicting estoppels neutralize each other, 615.

Different kinds of, 616.

By matter of record, 616.

By deed, 617.

By matter in pais, 618.

Res judicata, a form of, 702.

In criminal cases, 627-629.

Found in almost every system of jurisprudence, 138, 613.
In English law at a very early period, 139.

EVASION OF JUSTICE,

Presumption of guilt arising from, 524-529.
Undue weight formerly attached to, 45, 528.
EVASIVE RESPONSION,

Presumption of guilt from, 654.

EVIDENCE, in general,

Original sense of, 8.

Secondary sense in jurisprudence, 8.

Principal and evidentiary facts, 9.

Ab intrà, 10.

Ab extrà, 10.

Natural, or moral, 27.

Direct, 22.

Indirect, 22.

Conclusive, 22.

Presumptive, 22. See PRESUMPTIVE EVIDENCE.

EVIDENCE, in general—(continued.)

Real, 23. See REAL EVIDENCE.

Personal, 23.

Original, 23.

Unoriginal, derivative, transmitted, or second-hand, 24. See DERIVA-
TIVE EVIDENCE.

Preappointed or preconstituted, 25, 63, 68. See PREAPPOINTED EVI-

DENCE.

Casual, 26, 68.

Written, 63, 273, 280. See DOCUMENTS.

Verbal, 280, 282.

Parol, 280, 282.

Historical, 36, 51–55.

Philosophical, 36, 51, 54.

EVIDENCE, judicial,

What, 27, 91.

Its rules exclusionary or investitive, 27.

Necessity and use of, 28, 93.

Necessity for limiting the discretion of tribunals in determining
facts, 32.

Necessity for speedy action of tribunals, 36.

In framing rules of judicial proof, the consequences of decisions
must be looked to, 47.

Difference between the securities for legal and historical truth, 51.
Principal abuses of, 76.

Artificial legal conviction, 77.

Double principle of decision, 88.

Varies with substantive law, customs of society, &c., 89.

Divisible into two kinds, 365.

Direct, 365.

Circumstantial, 365.

Conclusive, 365.

Presumptive, 365. See PRESUMPTIVE EVIDENCE.

EVIDENCE, English law of,

Definition, 91.

General view, 91-135.

Characteristic features, 94-121.

Admissibility of evidence matter of law, weight of evidence
matter of fact, 94.

Common law tribunal for deciding issues of fact, 96.

Rules regulating the admissibility of evidence-―The best evi-

dence must be given, 69, 94, 106, 364.

Tribunals must not decide on their personal knowledge,
108.

Original evidence should in general be exacted, 108.
There must be an open and visible connexion between
the principal and evidentiary facts, 109.

EVIDENCE, English law of—(continued.)

But evidence not answering this condition may be
useful as "Indicative" evidence, 112. See INDICA-
TIVE EVIDENCE.

Discretion of judge in certain cases, 105.

Whether rules of evidence may be relaxed by consent,

116.

Other remarkable features, 121-135.

Viva voce examination and cross-examination of witnesses,
121.

Publicity of judicial proceedings, 122.

History of the rise and progress of, 136–154.

A noble system taken as a whole, 155.

Defects in, 155-158.

See INSTRUMENTS of Evidence

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IRRELEVANCY

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PRACTICE-

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EXCLUSIONARY RULES OF EVIDENCE, 76. See EVIDENCE-Judicial.
EXECUTION OF Deed,

Proof of, 116, 278, 606.

EXEMPLIFICATIONS,

Under the great seal, 564.

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EXTINGUISHMENT OF RIGHTS,

Presumption of, 454.

EXTRAJUDICIAL,

Acts, 426, 427.

Self-disserving statements, or "Confessions," 601, 629–631, 650-653.

Non-responsion, 653.

Evasive responsion, 654.

False responsion, 655.

EXTRINSIC EVIDENCE,

When receivable to contradict, vary, or explain written instruments,
284-291.

FABRICATION OF EVIDENCE,

Presumption from, 483, 485, 486.

FACT,

Weight or value of evidence is matter of, 94.
Tribunal for trial of issues of, 96, 98, 676, 707.

Presumptions of. See PRESUMPTION.

False confessions through mistake of, 641.

FACTS,

Connexion between law and, 1.

Investigation of by judicial tribunals, 1, 2.
Foundation of belief in, 10.

Divisions of,

Physical and psychological, 9.

Events and states of things, 10.

Positive, or affirmative, and negative, 10.

FACTUM PROBANDUM, 8.

FACTUM PROBANS, 8.

FALSE CONFESSIONS OF GUILT. See SELF-DISSERVING EVIDENCE.

FALSEHOOD,

Sometimes promoted by the sanctions of truth, 15.

In quantity, 741.

In quality, 742.

FALSE RESPONSION,

Presumption of guilt from, 655.

FEAR,

Indicated by passive deportment,

Presumption of guilt from, 529.
Indicated by a desire for secrecy,
Presumption of guilt from, 531.

FELONY,

Counsel in cases of, 707-712.

At what age infant may be guilty of, 198, 381, 382, 465.

FICTIONS,

Nature of, 382.

Use of, 383.

Must not prejudice innocent parties, 383.

FICTIONS (continued.)

Must have a possible subject matter, 384.

Affirmative fictions, 385.

Negative fictions, 385.

Fictions by relation, 385.

Relating to persons, 385.

things, 386.

place, 386.

time, 386.

FIXED TRIBUNALS, 94, 99.

FLIGHT FROM JUSTICE. See EVASION OF JUSTICE.

FOOTMARKS,

Presumption of guilt from, 393.

FOREIGN LAWS,

Must be proved as facts, 27.

FOREIGN MARRIAGES, 489.

FORFEITURE,

Witness not bound to answer questions tending to subject him to, 162.
FORGERY,

Of evidence, presumption from, 485-488.

Of real evidence, 258-263.

Record may be shewn a, 704.

FORMS,

Necessity for in judicial evidence, 35, 36.
For preappointed evidence, 63-66.

FRAUD,

Presumption against, 388, 416.

Vitiates all acts, 288.

Even judicial, 288, 703.

Party cannot set up his own, 288, 626.

FRENCH LAW,

Number of media of proof, 79.

Experts, 593.

Presumption of survivorship in a common calamity, 479.

Proof of handwriting, 294.

FRIENDSHIP,

With litigant party, an objection to the credit of a witness, 249.
Secrets of, not protected, 695.

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