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Proceedings of, privileged from disclosure, 688.
Presumption of, 429, 439.
from the Crown, 442.
Non-existing, title by, 438-442, 444.
Presumption against, 388, 408, 503.
Proof of by resemblance to that of supposed writer, 294-317.
Roman law 294.
French law, 294.
Ancient practice in England, 316.
Inaccuracy of this expression in English law, 109, 572.
Often confounded with res gestæ, 573. See DERIVATIVE EVIDENCE.
Presumption of dedication of, 452–454.
Form of swearing, 211.
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.
Credit due to, 17-22.
HUSBAND AND WIFE,
When competent witnesses for or against each other. See WITNESS.
HUSBAND AND WIFE-(continued.)
Testimony of, not receivable to disprove sexual intercourse between
INACCCURACY of language in written instruments,
Not to be confounded with ambiguity of language, 287.
More usual than fabrication, 21.
An infirmative hypothesis affecting extrajudicial confessions, 652.
Avoids judgments and verdicts, 700.
and awards, 701.
INCUMBENCY OF PROOF. See BURDEN OF PROOF.
Meaning of, 112.
Chief uses of, 112, 113.
Instances of, 113, 163, 585.
INFIRMATIVE FACTS OR HYPOTHESES, 254.
Self-criminative evidence, 632-656.
(Those affecting other forms of evidence will be found under their
INJURING OTHERS, desire of,
A cause of false confessions, 648.
INNOCENCE, presumption of, 388, 413.
Favoured in law, 408.
Presumption against, 388, 407, 473, 499.
Presumption of continuance of, 473.
Incompetency of witness from, 188-196.
Of documents in the custody or under the control of the opposite
Of real evidence, 251, 252, 253.
Of evidence, 159.
Three kinds-Witnesses, Real Evidence, and Documents, 159.
Under seal, 277, 495.
Not under seal, 278, 495.
Presumption from eloigning, destroying, fabricating, &c., 483—488,
INTELLECT, incompetency for want of,
Deficiency of, 188–196.
Immaturity of, 196-206.
INTENDMENTS of Law. See PRESUMPTION.
Plays a greater part in criminal than in civil cases, 115.
Declarations of deceased persons against their, 577.
Incompetency from, 151, 180.
Abolished, 186, 187.
Presumptions in, 488-490.
Communications to, when privileged from disclosure, 689.
Of witnesses, rules for conducting the, 734-747.
Of accused persons on the continent, 634.
Arguments in favour of judicial interrogation, 637.
Is charged with the general conduct of the proceedings, 96.
Decides facts on which admissibility of evidence depends, 98, 707.
JUDGE AT TRIAL-(continued.)
Sums the case up to the jury, 96.
May put questions to witnesses, 707.
May be a witness, 245, 246.
His notes not evidence, 281.
In what sense counsel for accused persons, 709.
Bound by the rules of evidence, 148, 705, but
Has a discretion with reference to rules of practice respecting, 105, 148,
and law so far as finding general verdicts, 98.
May speak to their condition, but not to their contents, 281, 597.