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,

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

GLASSES, 310.

GRAND JURORS,

Proceedings of, privileged from disclosure, 688.

GRANT,

Presumption of, 429, 439.

from the Crown, 442.

Non-existing, title by, 438-442, 444.

GUILT,

Presumption against, 388, 408, 503.

HANDWRITING,

Proof of by resemblance to that of supposed writer, 294-317.
Infirmative circumstances affecting, 315.

Roman law 294.

French law, 294.

Ancient practice in England, 316.

HEARSAY EVIDENCE,

Inaccuracy of this expression in English law, 109, 572.

Often confounded with res gestæ, 573. See DERIVATIVE EVIDENCE.
HIGHWAY,

Presumption of dedication of, 452–454.

HINDU,

Law,

As to the testimony of women, 71.

children, 197.

number of media of proof, 657.

Allows false testimony in certain cases, 213.

Witness,

Form of swearing, 211.

HISTORICAL EVIDENCE,

General nature of, 36, 51-54.

Mistakes from confounding it with legal evidence, 54.

HISTORY OF THE RISE AND PROGRESS OF THE ENGLISH LAW OF EVI-

Tendency of, to believe human testimony, 11.

to hasty conclusions in certain cases, 368, 515.

HUMAN TESTIMONY,

Credit due to, 17-22.

HUSBAND AND WIFE,

When competent witnesses for or against each other. See WITNESS.
Communications between, privileged from disclosure, 232, 694, 695.

INDEX.

HUSBAND AND WIFE—(continued.)

Testimony of, not receivable to disprove sexual intercourse between
them, 695.

INACCCURACY of language in written instruments,

Not to be confounded with ambiguity of language, 287.
INCOMPETENCY. See WITNESS.

INCOMPLETENESS,

More usual than fabrication, 21.

An infirmative hypothesis affecting extrajudicial confessions, 652.
INCONSISTENCY,

Avoids judgments and verdicts, 700.

and awards, 701.

INCUMBENCY OF PROOF. See BURDEN OF PROOF.

INDICATIVE EVIDENCE,

Meaning of, 112.

Chief uses of, 112, 113.

Instances of, 113, 163, 585.

INFIRMATIVE FACTS OR HYPOTHESES, 254.

Affecting real evidence, 258–265.

Self-criminative evidence, 632-656.

(Those affecting other forms of evidence will be found under their
respective heads.)

INJURING OTHERS, desire of,

A cause of false confessions, 648.

INNKEEPERS, 496.

INNOCENCE, presumption of, 388, 413.

Favoured in law, 408.

INSANITY,

Presumption against, 388, 407, 473, 499.

Presumption of continuance of, 473.

Incompetency of witness from, 188-196.

INSPECTION,

Of documents in the custody or under the control of the opposite
party, 729.

Of real evidence, 251, 252, 253.

INSTRUMENTS,

Of evidence, 159.

Three kinds-Witnesses, Real Evidence, and Documents, 159.
Secondary signification of, 159, 274.

Under seal, 277, 495.

Not under seal, 278, 495.

Presumption from eloigning, destroying, fabricating, &c., 483-488,

491.

INTELLECT, incompetency for want of,

Deficiency of, 188-196.

Immaturity of, 196–206.

INTENDMENTS of Law. See PRESUMPTION.

INTENT,

Plays a greater part in criminal than in civil cases, 115.
Presumption of from acts, 469, 498-501.