33. The act, declaration or omission of one of several executors, administrators or trustees, is not relevant against his co-executor, co-administrator, co-trustee, or beneficiary.

§ 34. After proof of a partnership, or agency, the act, or declaration of a partner, or agent of a party, within the scope of the partnership or agency, and during its existence, is relevant against such party.

§ 35. The act or declaration of one joint debtor, joint contractor, joint owner, or of one partner after the dissolution of the partnership, is relevant against the other, only when the person doing the act, or making the declaration, was at the time actually engaged in the business in which they were jointly interested; but the act, or declaration of one, is not relevant against the other to revive or continue a liability, barred by the statute of limitations.

§ 36. After proof of a conspiracy to commit a crime, or an actionable wrong, the act or declaration of a conspirator, in furtherance of the conspiracy, is relevant against his co-conspirator.

§ 37. The evidence of a witness, deceased, or out of the jurisdiction, or unable to testify, given on a former trial of the same action or proceeding, or in an action or proceeding between the same parties, or their representatives in interest, respecting the same rights, is relevant, if the absence or disability is not owing to the fault of the party offering the evidence, and if the adverse party in the former trial or proceeding, had the opportunity to cross-examine the witness.

§ 38. The act, declaration or omission, against his pecuniary interest, of a deceased person, who had at the time knowledge of the subject, is relevant against his successor in interest, and also in actions and proceedings between third parties. A declaration is deemed to be against the pecuniary interest of the person who makes it, if any part of it charges him with a liability, though other parts of the declaration in which it occurs

may discharge him from such liability in whole or in part, and though there may be no proof other than the declaration itself, either of such liability, or of its discharge in whole or in part.

§ 39. The act or declaration of a deceased person respecting the relationship, birth, marriage or death of any person related by blood or marriage to such deceased person, is relevant, if such act or declaration occurred before the question had arisen respecting which it is offered in evidence.

$ 40. The act or declaration of a deceased owner of real property, made while he held the title thereto, is relevant against those claiming under or through him, in disparagement of his title, or to show the character of his title or possession, or the extent of his occupation or boundary, but not to contradict a deed, or to destroy the record title.

§ 41. The declaration of a deceased person respecting his testamentary intentions, or the contents of his will, is relevant when the will has been lost, and the question is, what were its contents; or when the question is, whether an existing writing, purporting to be a will is genuine, or was improperly obtained; or when the question is, whether any, and if any, which, of several existing writings constitute his will. In all these cases it is immaterial whether the declarations were made before or after the making or loss of the will.

§ 42. The declaration of a deceased person, or evidence of common reputation, respecting the existence of a public right or custom, is relevant when such declaration was made before a controversy had arisen as to the right or custom, and of the existence of which the person making the declaration would probably have been aware.

§ 43. In a criminal action, the act or declaration of a dying person respecting the cause of his death, or the circumstances of the transaction which resulted in his death, is relevant, if done or made when he was in expectation of death and without hope of recovery.

§ 44. The entry of a deceased person, made at or near the time of a transaction, when he was in a position to know the fact stated therein, is relevant;

1. If made in the ordinary course of business; or,

2. If made in a professional capacity, and in the ordinary course of professional conduct; or,

3. If made in the performance of a duty enjoined by law.

45. If an entry has been copied in the regular course of business, at or near the time of the transaction to which it relates, the copy may be treated as an original entry.

§ 46. The books of account of a party are relevant in his favor when he has shown:

1. That some of the articles charged have been delivered, or that some of the services have been rendered;

2. That the books produced are the account books of the party; and

3. That other persons dealing with him have settled their accounts by them, and found them to be accurate.

$47. The books of account of a person, partnership, or corporation, kept in the regular course of business, are relevant to show the financial condition, or the solvency or insolvency of such person, partnership or corporation.

§ 48. Particular instances in which a public right, or custom, has been recognized, claimed, or disputed, are relevant.

§ 49. Monuments and inscriptions in public places are relevant as evidence of common reputation. Entries in family bibles, or other family books or charts, engravings on rings, family portraits and the like, are relevant as evidence of pedigree, if made before the controversy in respect of which they are offered.

§ 50. Historical works, mathematical works, and published maps or charts, made by a person indifferent between the parties, are relevant as evidence of matters of public interest.

§ 51. The opinion of a witness who is an expert, is relevant respecting:

1. The handwriting of a person; or,

2. The identity, age, physical or mental condition of a per

son; or,

3. The identity, quality or condition of a thing; or,

4. A question of science, art, trade or value.

§ 52. The opinion of a subscribing witness to a will respecting the mental sanity of the signer, is relevant when the validity of the will is a fact in issue.

§ 53. A witness, although not an expert, may characterize, as rational or irrational, the act or declaration to which he has testified, of any person whose mental sanity is a fact in issue or relevant to the issue.

§ 54. When the opinion of a witness is relevant the grounds on which his opinion is founded are also relevant.

§ 55. A fact is relevant if it supports or is inconsistent with the opinion of a witness when his opinion is relevant.

§ 56. Evidence of usage is relevant to explain the character or meaning of an act, contract or writing, when the character or meaning of the act, contract or writing is not otherwise plain.

§ 57. An offer of settlement is not to be deemed an admission and is not relevant; but an admission of a particular fact, made in a negotiation for a settlement, unless otherwise expressly agreed at the time, is relevant.

§ 58. The admission of a member of a corporation is not relevant against the corporation, unless made by him concerning a transaction in which he was the agent of the corporation, and while engaged in the transaction.

§ 59. In an action for a divorce on the ground of adultery an admission of the adultery, whether in or out of the pleadings,

is not sufficient to authorize a judgment of divorce, unless corroborated by other evidence.

§ 60. In the following cases the bad character of a person is relevant in mitigation of damages:

1. In an action for libel or slander, the defendant may show the general bad character of the plaintiff, or his bad character in respect of the offense charged against him before the publication of the defamatory words.

2. In an action for breach of promise of marriage, or indecent assault, the defendant may show the bad character of the plaintiff for chastity before the cause of action accrued.

3. In an action for seduction, the defendant may show the bad character for chastity of the person seduced before the cause of action accrued.

4. In an action for criminal conversation, the defendant may show the bad character of the plaintiff at any time, and of the wife of the plaintiff before the cause of action accrued.

In each of these cases, when evidence of the bad character of a person has been given, evidence of his good character becomes relevant.

In other civil actions or proceedings, the character of a party or of a person not a witness, is not relevant.

$61. In a criminal action or proceeding the good character of the defendant is relevant, and if evidence of the good character of the defendant has been given, evidence of his bad character becomes relevant.

$62. When the character of a person is relevant, it may be proved by evidence of his general reputation, or his reputation with respect to the matter in question.

§ 63. When the existence of a right of property is in question, any fact which constitutes the title of the person claiming the right, or which shows that he, or any person through whom he claims was in possession of the property, and any fact which constitutes an exercise of the right, or which shows that its exercise was disputed, or which is inconsistent