Oldalképek
PDF
ePub

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.

[blocks in formation]

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-

[blocks in formation]

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.

HUSBAND AND WIFE-(continued.)

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

[blocks in formation]

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.

[blocks in formation]

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.

INTEREST,

Declarations of deceased persons against their, 577.

Incompetency from, 151, 180.

Abolished, 186, 187.

INTERLINEATIONS, 291.

INTERNATIONAL LAW,

Presumptions in, 488-490.

INTERPRETER,

Communications to, when privileged from disclosure, 689.
INTERROGATION,

Of witnesses, rules for conducting the, 734-747.

Of accused persons on the continent, 634.

Arguments in favour of judicial interrogation, 637.
against it, 637.

[blocks in formation]

Is charged with the general conduct of the proceedings, 96.
Determines all questions of law and practice, 96, 707.
the admissibility of evidence, 96.

Decides facts on which admissibility of evidence depends, 98, 707.
if there is any evidence for the jury, 97.

JUDGE AT TRIAL-(continued.)

Sums the case up to the jury, 96.

May put questions to witnesses, 707.
And inspect media of proof, 707.

May be a witness, 245, 246.

His notes not evidence, 281.

In what sense counsel for accused persons, 709.
Errors of, how rectified, 97, 731.

Bound by the rules of evidence, 148, 705, but

Has a discretion with reference to rules of practice respecting, 105, 148,

[blocks in formation]

and law so far as finding general verdicts, 98.
Cannot find on their personal knowledge of the matter before them,

[blocks in formation]

May speak to their condition, but not to their contents, 281, 597.

« ElőzőTovább »