Amendment status not verified — confirm the current text below against the official source.
th f > II ' b I t ' are usee In e 0 owIng senses, un ess a con rary ~l . , . intention appears from the context :~ . "Court." "Cou ,rt" includes all. Judges and Magistra~es and rr all persons,except arbItrators, legally authorIzedto ' , take eviclence. . . "Fact" means and includes- (1) any thing, state of things, or relation of things, capable of being perceived by the senses; (2) any nlental condition of which any person is . conSCIOUS. --'" U Fact." " HelevanL" "Facts in issue." , Illustrations. (a.) That there are certain objects arranged in a certnin order in a certain place,is a tact. (?) That a man heard or saw something is a fact. (c.) That a man said certain words is a fact. (d.) That a man holds a certain opinion, has a cel'tain inten- tion, acts in good faith, or fraudulently, or uses a lJarticular word in a particuJar sense, or is or was at a specified time conscious of a particular sensation, is a fact. ' (e.) 'rhat a man has a certain l'eputatiOllis a fact. One ffJctis said to be relevant to another when the o.neis connected with the' o.ther in any of the ways referred to. in the provisions o.f this' Act relating to the relevancy of facts. ' The expression" Facts in issue" means and in- cludes~ . any fact from which, either by itself 0.1'in conJ;lec- tion with other facts, the existence, non-existence, nature, or extent of any right; liability, o.rdisability, asserted or denied in any suit 0.1'proceeding,-neces- sarilyfollows.. . . E:t']Jlanation.- Whenever, 'under the provisions of the law for the time being in force relating to. Civil Procedure, any Court records an issue of fact, the fact. - to be asserted 0.1'denied in the answer to such issue, is a fact in issue. ' I111t8i1'atio..n8~ I! 10 .. I . - ~ --- I . ~ i ... -. -,' I, \ '\" ~ } . dtJ:,. t. .. 1872.j BlJidettOe. 1', r . 1ll1tstratiO1ts. A is accused of the murder of B. At his trial the following facts m.aybe in issue:- That A caused B's death; That A intended to cause B's death;, , That A had received grave and sudden provocationfrOlilB; That A, at the time of doing the act which caused B's death, was, by reason of unsoundness of mind, incapable of knowing its l1~ture. ' . . "Document" means any matter expressed or de- "Document/' sa'ibed upon any substance by means of letters, figures, . or marks, or by more than one of thQse means, in- tended to be used, or which may be ~sed, for the l)urpose of recording that matte. Illustration8. A writing is a document: , ' 'Vords printed, lithographed or photographed are docume,uts :. A map or plan is a document: , ' An inscription on a metal plate or stone is a document: A caricatu!'e is a document. " Evidence" means and includes- , (1) . all stat81nents which the Court permits or requires to be made before it by witnesses, in relation to Inatters of fact under inquiry; such statements are called oral evidence: (2) all documents produced for the inspeci,ion of the Court; . such documents are called documentary evidence. A fact is said to be proved when, after considering" Pl'Ovpd:' )- the matters before it, the Court either believes it to exist, or considers its existence so probable: that a prudent man ought, under the circumstances of the particular case, to act upon the supposition that it exists. A fact is said to be disproved when, after consider- "Disproved." ing the matters before it, the Court either believes that it does not exist, or considers its non-existence so probable that a prudent man ought, under the circumstances of ,the particular case, to act upon the suPt)osition that it does not exist. \"' ,~ if "'.- I' , , , f' " .'