OF THE LAW OF EVIDENCE ON THE TRIAL OF Actions at Misi Prius. FIFTEENTH EDITION. BY MAURICE POWELL, M.A., OF THE INNER TEMPLE, ESQUIRE, BARRISTER-AT-LAW, LATE SCHOLAR OF TRINITY COLLEGE, CAMBRIDGE. LONDON : H. SWEET, 3, CHANCERY LANE; 1884. ADVERTISEMENT TO THE FIFTEENTH EDITION. THE Editor of this Edition has been deprived of the invaluable co-operation of Mr. Justice Day, who, owing to his elevation to the Bench, is prevented from taking the same part in its preparation, that he did in respect of the three previous Editions of the work. The general arrangement is unaltered. Several Statutes have, however, been recently passed, which have made considerable alterations in the law to which they relate, or have codified it, viz. :—the Banker's Books Evidence Act, 1879, the Employer's Liability Act, 1880, the Conveyancing and Law of Property Act, 1881, the Married Women's Property Act, 1882, the Bills of Sale Act (1878) Amendment Act, 1882, the Bills of Exchange Act, 1882, the Agricultural Holdings (England) Act, 1883, the Patents, Designs, and Trade Marks Act, 1883, and the Bankruptcy Act, 1883. The matters to which these Statutes refer, have in consequence been re-arranged. The Rules of the Supreme Court, 1883, have also been incorporated throughout. In order to afford space, for the introduction of the very large number of cases, which have been added, it has been deemed more convenient, in the present Edition, somewhat to increase the size of the page, and definitely to divide the book into two volumes. M. P. TEMPLE, July, 1884. TABLE OF CONTENTS. PAGE ADVERTISEMENT TO THE FIFTEENTH EDITION . . . . . . iii TABLE OF CONTENTS . . . . . . . . . . v TABLE OF REPORTS CONTEMPORARY WITH THE LAW REPORTS, 1866–75. xxxiii TABLE OF CASES CITED . . . . . . . . . . XXXV TABLE OF STATUTES CITED . . . . . . . . . cxiv TABLE OF RULES OF THE SUPREME COURT OF JUDICATURE, 1883, CITED cxl ᏢᎪᎡᎢ . Primary evidence . . . . . . . . . . . 1 Secondary evidence . . . . . . . . . . . . 4 notice to produce, when necessary . proof of possession of original, . general nature of secondary evidence . proof of documents by copies . . . Oral evidence to explain or add to documents . . when admissible to prove a consideration, or to vary the date, or descrip explain mercantile contracts, and words of art . control or explain agricultural contracts . . . 25 explain words having a statutory meaning . . . 26 ancient charters, grants, &c. . . . 27 admissible to discharge written agreements . . . . . . explain latent ambiguity . . . . . . . ib. on questions of parcel or no parcel Presumptive evidence. . . . . . . . . . 32 the duration of life and survivorship . in favour of regularity of acts, appointments, &c. . . . |