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OF THE

LAW OF EVIDENCE

BY

SIR JAMES FITZJAMES STEPHEN, K.C.S.I.

A JUDGE OF THE HIGH COURT OF JUSTICE, QUEEN'S

BENCH DIVISION

FOURTH ENGLISH EDITION

AMERICAN EDITION

WITH ANNOTATIONS AND REFERENCES TO AMERICAN CASES

BY

GEORGE CHASE, LL.B.
PROFESSOR OF CRIMINAL LAW, TORTS, AND PROCEDURE IN THE LAW

SCHOOL OF COLUMBIA COLLEGE

NEW YORK
PRINTED FOR THE EDITOR

COPYRIGHT, 1885, BY
GEORGE CHASE

TROW'S
PRINTING AND BOOKBINDING COMPANY,

NEW YORK

EDITOR'S NOTE.

THE merits of “Stephen's Digest” are too well known to need repetition. It has been accepted in this country, as well as in England, as a standard treatise upon the subject of evidence. The editor has sought in this edition to increase its usefulness for American lawyers and students of law by fully annotating it, so as to exhibit the general principles of the American law of evidence in accordance with the latest and best decisions. The contents of the original work are preserved without change, except that, in a few instances, articles stating special provisions of English statutes have been transferred to the foot-notes or to the Appendix. These transfers are always clearly indicated wherever made. But no omissions have been made, and the editor's additions are always indicated by being enclosed between brackets. It will, therefore, be easy to distinguish between the original articles and notes and those of this edition. The extent of correspondence or difference between the English and the American law is thus made clearly manifest. The American cases cited by the editor are considerably

numerous than the English citations of Mr. Stephen; this has seemed necessary in order that the book might satisfactorily exhibit the law of evidence for the different States and Territories, and thus be serviceable in all parts of the country, A new and more complete index will be found in this edition.

G. C. NEW YORK, October, 1885.

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