§ 1702. Evidence must correspond with the substance of the material allegations and be relevant to the question in dispute. Collateral questions must therefore be avoided. It is however within the discretion of the court, to permit inquiry into a collateral fact, when such fact is directly connected with the question in dispute, and is essential to its proper determination, or when it affects the credibility of a witness.

§ 1703. Each party must prove his own affirmative allegations. Evidence need not be given in support of a negative allegation, except when such negative allegation is an essential part of the statement of the right or title, on which the cause of action or defence is founded, nor even in such case when the allegation is a denial of the existence of a document, the custody of which belongs to the opposite party.

§ 1704. In conformity with the preceding provisions, evidence may be given, upon a trial, of the following facts:

1. The precise fact in dispute;

2. The act, declaration or omission of a party as evidence against such party;

3. An act or declaration of another, in the presence and within the observation of a party, and his conduct in relation thereto;

4. The act or declaration, verbal or written, of a deceased person, in respect to the relationship, birth, marriage or death of any person related by blood or marriage to such deceased person; the act or declaration of a deceased person, done or made against his interest in respect to his real property; and also in criminal actions, the act or declaration of a dying person, made under a sense of impending death, respecting the cause of his death;

5. After proof of a partnership or agency, the act or declaration of a partner or agent of the party, within the scope of the partnership or agency, and during its existence; the same rule applies to the act or declaration of a joint owner, joint debtor or other person jointly interested with the party;

6. After proof of a conspiracy, the act or declaration of a conspirator against his co-conspirator, and relating to the conspiracy;

7. The act, declaration or omission forming part of a transaction, as explained in section 1683;

8. The testimony of a witness deceased, or out of the jurisdiction, or unable to testify, given in a former action between the same parties, relating to the same matter;

9. The opinion of a witness respecting the identity or handwriting of a person, when he has knowledge of the person or handwriting; his opinion on a question of science, art or trade, when he is skilled therein;

10. The opinion of a subscribing witness to a writing, the validity of which is in dispute, respecting the mental sanity of the signer, and the opinion of an intimate acquaintance, respecting the mental sanity of a person, the reason for the opinion being given;

11. Common reputation, existing previous to the controversy, respecting facts of a public or general interest, more than thirty years old, and in cases of pedigree and boundary;

12. Usage, to explain the true character of an act, contract or instrument, where such true character is not otherwise plain; but usage is never admissable except as an instrument of interpretation ;

13. Monuments and inscriptions in public places, as evidence of common reputation, and entries in family bibles or other family books or charts, engravings on rings, family portraits, and the like, as evidence of pedi

gree;

14. The contents of a writing, when oral evidence thereof is admissable;

15. Any other facts from which the facts in issue are presumed, or are logically inferrible:

16. Such facts as serve to show the credibility of a witness as explained in section 1680.

TITLE II.

OF THE KINDS AND DEGREES OF EVIDENCE.

CHAPTER I. Knowledge of the court.

II. Witnesses.

III. Writings.

IV. Material objects presented to the senses, other than writings.

V. Indirect evidence.

VI. Indispensable evidence.

VII. Conclusive and unanswerable evidence.

CHAPTER I.

KNOWLEDGE OF THE COURT.

SECTION 1705. Certain facts of general notoriety, assumed to be true. 1706. Specification of such facts.

§ 1705. There are certain facts of such general notoriety, that they are assumed to be already known to the court. Of those facts evidence need not be produced.

§ 1706. The following facts are assumed to be thus known:

1. The true signification of all English words and phrases, and of all legal expressions:

2. Whatever is established by law:

3. Public and private official acts of the legislative, executive and and judicial departments of this state of the United States:

4. The seals of all the courts of this state and of the United States:

5. The accession to office, and the official signatures and seals of office, of the principal officers of govern

ment, in the legislative, executive and judicial departments of this state and of the United States:

6. The existence, title, national flag and seal of every state, or sovereign, recognized by the executive power of the United States:

7. The seals of courts of admiralty and maritime jurisdiction, and of notaries public:

8. The laws of nature, the measure of time, and the geographical divisions and political history of the world.

In all these cases, the court may resort for its aid to appropriate books or documents of reference.

1708. All persons capable of perception and communication may be witnesses.

1709. Persons who cannot testify.

1710. Persons in certain relation to parties, prohibited.

1711. When privileged persons must testify.

§ 1707. A witness is a person whose declaration under oath is received as evidence for any purpose, whether such declaration be made on oral examination, or by deposition or affidavit.

§ 1708. All persons, without exception, otherwise than as specified in the next two sections, who, having organs of sense, can perceive, and perceiving can make known their perceptions to others, may be witnesses. Therefore neither parties, nor other persons who have an interest in the event of an action or proceeding, are