child, the christian and surnames, the abode, quality, trade or profession, of the parents. (a) But if these documents cannot be produced, these facts may be proved by any other admissible medium of proof. Thus the time of a person's birth may be shown by an entry of the charge in the books of an accoucheur employed on the occasion, and the payment of the charge; (b) and where a person has not been heard of for seven years, his death will usually be presumed. (c) This period has been adopted in conformity to the provision of the 19 Car. II. c. 6, which enacts, that if tenants for lives shall remain beyond sea, or otherwise absent themselves for seven years together, and no sufficient proof appears of their being alive, they shall be accounted dead.

The mere entry of a christening, unaccompanied by any evidence showing that the person was young at the time of the christening, does not prove the fact of the birth in a particular parish. (d)

An entry of a marriage in a book of Fleet marriages cannot be read as a register, not having been compiled under public authority. (e); and copies of registers of baptism kept in the island of Guernsey, or in a foreign chapel, are not admissible in our courts of law as evidence. (f)

An entry in the books of the Navy Office is evi

dence of the death of a sailor in the king's service. (a)

A certificate under the seal of a minister abroad, as to the fact of a marriage having been solemnized before him, has been admitted, but it would not now be allowed. (b)

The production of the letters of administration to a person's effects is not even prima facie evidence of his death; (c) nor is the registry of baptism primâ facie evidence of the age of the person. (d)

By the 52 Geo. III. c. 146, and the last Marriage Act, 4 Geo. IV. c. 76, (e) the entry of a marriage must declare the parish in which each of the parties resided, and the consent of parents or guardians if necessary, and must be attested by two witnesses to the ceremony. But this entry is not necessary to the validity of the marriage, and it may be proved by any other

means.

Reputation is, as a general rule, sufficient evidence of marriage; and where it appears on a trial that the mother was received into society as a respectable woman, under such circumstances improper conduct will not be presumed. (f) So also, if the reputed husband and wife eloped together for the purpose of being married, and returned as having been married; (g) or if they have joined in fines or recoveries

for the purpose of barring the wife's right of dower; (a) or evidence of other circumstances taking place which can only be explained by the relationship of husband and wife subsisting between them, will all, after the deaths of the parties, be admissible to prove the fact of the marriage. (b)

When a vendor claims as remainder-man after a life estate, direct evidence of the death of the tenant for life will not be necessary; the evidence of strangers residing in the neighbourhood as to the fact will be sufficient. (c)

An entry in the registry book by the minister of the parish of the baptism of a child, which had taken place before he became minister or had any connexion with the parish, and of which he received information from the parish clerk, is not admissible in evidence; nor is the private memorandum of the fact made by the clerk who was present at the baptism. (d)

The registers of baptisms and burials kept by dissenters are not strictly evidence, although they will afford a reasonable presumption of the facts which they attest. Thus an examined copy of an entry in the register of the births of dissenters' children, kept at Dr. Williams's library, in Red Cross Street, was

rejected as evidence of the age of a person petitioning for payment of a legacy under the 36 Geo. III. c. 52. (a)

Where the person whose age or legitimacy is to be proved is a peer of the realm, and has taken his seat in the House of Lords, as these facts must have been proved at that time, it is not usual to call for fresh proof of them.

2. Intestacy. Intestacy must be proved by the letters of administration which have been granted of the intestate's effects, or if it be stated that no letters have been granted, searches should be made in the proper ecclesiastical offices, according to the circumstances, to ascertain the fact; or a partial intestacy may be proved by the production of the will, by which appears that the property in question was undevised or unaffected.

it

3. Legitimacy.-Legitimacy must be proved by a certificate of the marriage of the parents, and proof of their being respectively of age at the time of the marriage, or that they married with the consent of their parents or guardians, and that they complied with the provisions of the Marriage Act, 4 Geo. IV. c. 76. The registry of the christening of the child is generally deemed sufficient evidence of its legitimacy, as it is usual to notice the illegitimacy in the registry, (b) and illegitimacy will not be presumed on slight grounds. (c)

4. Death without issue.—In a late case, Sir W. Grant decreed payment of a legacy, to the persons entitled

(a) s. 32. & W. 483.

Ex parte Taylor, 1 Jac.

(b) May v. May, 2 Stra. 1073. And see Rex v. Head, cit. Peak. Ev.

86.

(c) See Doe d. Flemming v. Flemming, cited ante, p. 375. Braybrook

v. Inskip, 8 Ves. 417.

in remainder, on evidence that a female to whose issue it was first given was of the age of fifty-five, and unmarried, she consenting thereto. (a) The fact of death without issue is usually proved by an affidavit, made by some near relative of the party; but the death of a party without issue will be presumed after a hundred years. (b) The best proof that a person never was married or had issue, is, that none of the family ever heard of it. (c) But where the lessor of the plaintiff claimed by descent, and proved the death of his elder brothers, it was held to be necessary to prove also that they died without issue, as no presumption will be admitted against the person in possession. (d)

5. Executorship and Administratorship.-Where it is necessary to prove that a person is executor or administrator, the probate of the will, or the letters of administration, must be produced; (e) but the probate act book of the Prerogative Court, containing an entry of a will being proved, and of probate being granted to the executors named therein, will be admitted as evidence of those persons being the executors, without accounting for the non-production of the probate. (f)

Where the question was whether letters of administration had been duly granted to a plaintiff, and letters of administration granted by the Bishop of C.

(a) Fraser v. Fraser, 1 Jac. 586 n. (b) Rowe v. Hasland, 1 W. Bla. 404. Doe d. Oldham v. Wolley, 8 B. & C. 22. Doe d. Banning v. Griffin, 15 East. 293.

(c) Doe d. Banning v. Griffin, ubi sup. Doe d. Oldham v. Wolley, 8 B. & C. 22. Ante, p. 360–363.

(d) Richards v. Richards, 15 East,

294 n.

(e) See Smartle v. Williams, 3 Lev. 387. Garrett v. Lister, 1 Lev. 25. Eldon v. Keddell, 8 East, 182. Davis v. Williams, 13 East, 282. Pinney v. Pinney, 8 B. & C. 335.

(f) Cox v. Allingham, Jac. 514,