Former deposition when admissible as respects the proceeding.
Must have been taken in Judicial Proceeding...

Need not be the same, provided it involve same question

In case of representatives, there must be privity....

Deposition open to same objection as examination of witness himself....

...

CHAPTER XIII.

On the Admissibility of Parol Evidence in Control,— —or Aid,-of written Documents.

Matter not forming a term of obligation.

Incomplete or informal Instruments.

Instrument not Document of Obligation, but Narrative only.

Not preventing impeachment of invalid instruments....
Application of this principle to cases of

Fraud.

Inadequate or illegal consideration.

Mistake.

Perverson from original purpose of instrument. ...

Rule not excluding evidence to rebut apparent fraud arising from averments of deed.

367

368

368

But otherwise where agreement under seal. Where writing matter of statutory obligation, whether it can be waived.... 370 When writing only proof of some isolated fact, evidence admissible Evidence to explain.

369

270

Ordinary rule of construction to judge by context, and ordinary meaning
of language. ...

Where terms require extrinsic interpretation, evidence admissible.
This not because language ambiguous, but unknown.
Distinction between matters of Private and Public character.
General illustration-Cases of

371

371

872

375

376

...

378

378

In Mercantile Contracts, allowed to supply proof of Usage.

Exposition of the Law by Lord Campbell, C. J.

Witnesses, the Interpreters of the Language.

Usage only admitted to explain,-not to contradict.
Doubt whether admission of parol evidence in cases of, not carried
too far. ...

...

In ordinary cases evidence confined to cotemporary matter.
In case of ancient documents subsequent usage admissible.
This extended to the Acts of the Authors.
But not applicable to Private instruments.

Extrinsic evidence required to point operation of simplest instrument.
Surrounding circumstances always admitted in aid of construction.
Principle applicable to India. ...

Recognition of Privy Council.

PAGE.

And such evidence never received to contradict what is clear.

Evidence to apply

...

...

388

...

There must be but one substance falling within the terms of de

...

...

399

General exposition of the Law on the subject, by V. C. Wood.
Mis-description not to be unduly strained.
Demonstration when essence of description not to be rejected.
Rule that Truth of Name removes inaccuracy of description....
Illustration of case of ambiguity as applied to Deeds.

PAGE.

Exception.

404

...

...

Case of Equivocation.

When declarations admissible these may embrace subsequent ones.

Mr. Taylor's general summary of the admissibility of parol evidence in

application....

407

408

Hearsay excludes sanction as well of Cross-examination as of Oath.

Mr. Starkie's exposition of the principle.

Distinction in case of parties accustomed to Judicial habits.

Law of Menu on subject of Hearsay.

...

...

...

411

...

In case of collateral acts or declarations,—if concurrent not necessary to

430

...

...

...

...

...

Main fact to be proved, before evidence in illustration admissible.

Unpublished writings;-how far admissible. Exceptions only probative of the general rule. Suggested Relaxation of Rule of Exclusion.

CHAPTER XV.

On the Exception to the Rule which excludes Hearsay Evidence in the case of Public Right, Ancient Possession,-and Pedigree.

Where credence given to a presumable knowledge.

Evidence receivable against, as well as in support of, right.

...

440

441

...

441

Proof of exercise of right not condition to reception of the evidence.