Not in general receivable until absence of primary evidence ac- Privileged from disclosure, 687. SECURITIES, Difference between the, for legal and historical truth, 51. SELF-DISSERVING EVIDENCE. See SELF-REGARDING EVIDENCE. SELF-REGARDING EVIDENCE, What, 598. Is either self-serving or self-disserving, 598. Self-serving evidence, 598, 599. In general not receivable, 598, 599. Self-disserving evidence, 600. In general receivable, 598, 599. How supplied, i.e. by— Words, 600. Writing, 600. Signs, 600. Silence, 601. Different kinds of, 601. Judicial, 601. Extrajudicial, 601. Admissions, 601. Confessions, 601. Plenary, 601, 602. Not plenary, 601, 602. Admissible as primary evidence of written documents, 569, 602. Exception, 278, 606. INDEX. SELF-REGARDING EVIDENCE-(continued.) To whom made, 607. State of mind of party making, 608. Talking in sleep, 608. Persons of unsound mind, 608. Made under mistake, 610. Of fact, 610. law, 610. By whom made, 611. Estoppel. See ESTOPPELS. Self-disserving statements in criminal cases, or “Confessions,"— Estoppels in, 627. Judicial confession, 627. Pleading, 628. Collateral matters, 628. Admissibility of extrajudicial, 629. Must be made freely, 629. Inducements to confess, 629. Decided by the judge, 630. Effect of extrajudicial, 630. Never conclusive, 630. Sufficient if believed, 631. Infirmative hypotheses affecting self criminative evidence, 632-656. Practice of the civilians, 632. Continental practice, 634. Common law practice, 635. Arguments in favour of judicial interrogation of accused persons, INDEX. SELF-REGARDING EVIDENCE-(continued.) Confessions of impossible offences, 648. 801 Additional infirmative circumstances applicable to extrajudicial confessions, 650. Mendacity, 650. Misinterpretation, 651. Incompleteness, 652. Non-responsion, 653. Infirmative hypotheses, 653, 654. Evasive responsion, 654. Infirmative hypotheses, 654. False responsion, 655. Legitimate use of instances of false confessions, 656. SELF-SERVING EVIDENCE. See SELF-REGARDING EVIDENCE. Affirmation of, receivable, 216, 217. Self-disserving evidence supplied by, 601. See NON-RESPONSION. SOCIAL, Matters judicially noticed, 321. Communications, when privileged from disclosure, 694. Relations, a source of false testimony, 248, 249. SOCIETY, presumptions from habits of, 469-472. SOMNAMBULISM, 258. SOVEREIGN, Presumed to know the law, 412. May be a witness, 232-235. Not compellable to give evidence, 161. Foreign, 489. SPECIAL PRESUMPTIONS, Take precedence of general ones, 401. See PRESUMPTION. Consideration for presumed, 277, 495. Payment of, when presumed, 474. SPOLIATOR, Presumptions in disfavour of, 481-488, 491 STAMPS, 292, 427. STATUTE, Peculiar modes of proof authorized by, 91, 364, 565. Burden of proof imposed by, 335, 501. Artificial presumptions established by, 45, 501. STIFLING INQUIRY, Object of, a cause of false confessions, 644. STOLEN PROPERTY, Presumption of larceny from possession of, 265–270. STRANGERS, In general not affected by estoppels, 585, 614. STRONG PRESUMPTIONS, 393, 395. See PRESUMPTION. Principal and evidentiary facts, 9, 330. SUBSCRIBING WITNESSES TO DEED, Formerly a species of jury, 277, 549, 607. SUBSTANCE OF ISSUE, Sufficient to prove the, 138, 345. SUICIDE, Presumption in, 499. Difficult sometimes to distinguish from murder, 511, 513. Mischievous effect of, in the administration of justice, 535. Presumption of, where several persons perish by a common calamity. 478. Rules of the civil law, 479. French law, 479. English law, 480. SYMBOLIC, Representation, 159, 271, 272. Signature, 295. SWEARING, Forms of, 59-61, 210-212. TADIUM VITÆ, A cause of false confession, 645. TALKATIVE WITNESSES, How dealt with, 745. TALKING IN SLEEP, 111, 608. TALLIES OF THE EXCHEQUER, 271. TAMPERING WITH OFFICERS OF JUSTICE, Presumption of guilt from, 525-529. TESTIMONY, Natural tendency of mind to believe, 11. Credit due to, 17-22. Presumed true in courts of justice, 419. Of deceased witness, when provable by derivative evidence, 573. Presumption of guilt from, 522–524. TIME, Fictions as to, 386. Immemorial, 430, 431. TITLE DEEDS, Privilege of not producing, 272. TORTIOUS CONDUCT, Presumption against, 418. TRADE, Presumptions from usages of, 469-472. Admissible as evidence by the laws of various countries, 78, 81, 578. TRANSMITTED EVIDENCE, 24. See DERIVATIVE EVIDENCE. TRANSPORTATION, Desire of, a cause of false confessions, 647. TREASON, trials for, Number of witnesses required in, 679–685. Counsel for accused in, 707-711. Doubtful if husband and wife competent witnesses against each other TRIAL, By judge and jury— Description of, 96-99. Advantages of, 99–105. Course of, 705-712. Principal incidents of, with respect to evidence, 712-733. By witnesses, 675. By ordeal and camp fight, 38. By canonical purgation and wager of law, 38, 62. TRIBUNALS, different kinds of- Judicial, 639. Inquisitorial, 113, 634, 638. Fixed, 99. Casual, 99. Ordinary, 91. Summary, 35, 91. Common law tribunal for deciding issues of fact, 96. Advantages of, 104. |