Amendment status not verified — confirm the current text below against the official source.
] Evidence. ~ when, if true, it would expose him or would :have exposed him to a criminal prosecution or to a suit for damages. ' : (4.) When the statement gives the opinion of' any OJ;gives opi. such person, as to the existence of any public" "right mob ll l,as}o ht t . tt f bI ' 1 . t t f pu 10 ng . or cus om or ma er 0 pu ICor genera In eres, 0 or custom, or the existence of which, if it .existed, he would have matters.of,. -, been likely to be aware, and when such statement was feer:~~lIn- made before any controversy as to such right, CtJstom ' or matter had arisen. (5.) When the statement relates to the exist,ence of any relationship between persons as to whos.e re- lationship the person making the statement had special means of knowledge, and when the statement was made before the question in dispute was raised. (6.) When the statement relates to the existence of any relationship between persons deceased, and is made in any will or deed relating to the affairs of the family to which any such deceased person belonged, or in any, family pedigree, or upon any tombstone, family portrait or other. thing on which such state- ments are usually made, and when such stq,tement was made before the question in dispute was raised. (7.) When the statement is contained in, any or in docu: deed; will or other document which relates to any mentrelat~ng h t t. . . d . t. 'th e to transactIOn sue ransac Ion as IS mentlone In see Ion uteen, mentionedin ' clause (a). section.13, clause (a) ; (8.) When the statement wasmade bya numpel' or is madeby of persons, and expressed feelings or impressions. on severalper- th . I h . ... sons, and ex- ell' part re evant to t e matter In question. pressesfeel. 'ings relevant to matter in question> ') '$ ~ ~ 01'relates to existence of relations.hi p ; i 01'is made in will or deed relating to family affairs; .; '... Illustrations. (a.) The question is, whether A was murdered by B ;or A dies of injuries received in a transaction in the course of which she was ravished. The question is, whether she was ravished by B; or The question is, whether A was killed by B under such cir- ,cl1m~tances.that a suit would lie against B by A's widow. Statements made by A as to the cause of his or her death, referring respectively to the murder, the rape, and the actionable wrong under consideration, are relevant facts. , ' (b,.) The' question is'as to the date of A's birth. .... . An 27 ..-' -. oJ ~-. , ~ >c {) 'II Evidence, i .\1.. ":' 1' i I ". .~ An r:mLry in the diary of a deceased surgeon) l'egularly kept m 'the \ course of business,'stating that, on a given day, be attended A's mother and delivered her of a son, is a relevant fact. (c.) The question is, whether A was in Calcutta on a given day. A statement in the diary of a deceased solicitor, regularly kept in the course of business, that, on a given day,the solicitor attended A at a place mentioned, in Calcutta, for the purpose of conferring ",ith him upon specified business, is a relevant fact. (d.) The question is, whether a ship sailed fr()m Bombay harbour 011a given day. ',' , . A letter written by a deceased member of a merchant's Drm, by which she was chartered, to their correspondents in London to whom the cargo was consigned, stating that the s}1ipsailed on a given day from Bombay harbour, is a relevant fact: (e.) .,The question is, whether. rent was paid to A for certain land, . A letter from A's deceased agent to A, saying that he had received the rent on A's account and held it at A's orders, is a relevant tact: (f.) The question is, wheth~r A and B were legally married. The statement of it deceased clergyman that he married them under such circumstancesthat the celebration would be a crime, is relevant.' ' ~ .- "" , ~ (g.) The question is, whether A, a person wh~ cannot be found, wrote a letter on a certain day. The fact that a letter written by him is dated on that day, is relevant. . (h.) The question is, what was the cause of tJ;1ewreck of a ship. A protest made by the Captain, whose attendance cannot be pl'ocure~l,is a relevant. fact. .' (i.) The question is, whether a given road is a publi~ way; . A statement by A, a deceased headman of the village, that the roa(lwas public, is a relevant fact. (}.) The question is, what was the price of grain on a certain day in a;pal'ticular market. A statement of the price, made by a deceased hanya in the ordinary course of his business, is a relevant fact. (k.) The question is, whether A, who is dead, was the father of R. A statement by A that B was his son, is a relevant fact. . (t.) The question is, what was the date of the birth of A. A letter~rom A's deceased father to a friend, announcing Ul€ birth Of'j'\.Oll a given clay, is a relevant fact. . '" . .. ..;..::. Y' ~ (m.) The 26 . ., ~ ,--, --- - - - - - - -- -'187:2 J 1!::'vidr nee. " (~ . .) The qnestl0n is, whether, and when, ~1. and n were mar'f'ied. ' All entry in a. memorandum-book by C, th~ deceased father of B, of his daughter's marriage with A on a given date, is a relevant fact, (n,) A sues B for a libel expressed in a painted caricature exposed in a shop window, The question is as to the similarity of the caricature and its libellous character, The remarks of a " "'"-,-- crowd of spectators on these points may be proved,