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v. Parkin

433

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A

TREATISE

ON THE

LAW OF EVIDENCE.

PART THE FIRST.

work.

HE arrangement, which has been adopted in the Plan of the following Treatise, is that which appeared the most simple and perspicuous. The work consists of two parts; the former, relating to parol or unwritten evidence; the latter, to written evidence. The subject of the first chapter is the method of compelling the attendance of witnesses for the purpose of being examined; and the five succeeding chapters treat of the causes, which render witnesses incompetent. In these, the writer has inquired into the several objections to witnesses, arising from want of reason or understanding, from defect of religious principle, from conviction of certain crimes or from infamy of character, from interest, and lastly that arising from the relation which subsists between a client and his counsel or his solicitor. After ascertaining whether the witness is competent to give evidence, the next question, that arises, is, what evidence ought to be given, and how the witness ought to be examined. The seventh chapter, therefore, treats of the general nature of proofs; and the eighth, of the regular mode of examining a witness. And the first part

B

part then concludes with an inquiry into bills of exception and demurrers to evidence.

The second part, which relates to written evidence, treats of records, of the admissibility of verdicts, and judgments, and other judicial proceedings, and of the manner in which they are to be regularly proved. Public writings, not of a judicial nature, and the inspection of such writings, are next considered; after which, follows an inquiry into the proof of private writings, the requisite of stamps on written instruments; and, lastly, into the admissibility of parol evidence by which written instruments may be explained or varied.

Attendance

CHAP. I.

On the Attendance of Witnesses.

an civil case. THE process, which courts of law have instituted for the purpose of compelling the attendance of witnesses, is by the writ of subpoena ad testificandum. This writ commands the witness to appear at the trial to testify what he knows in the cause, under the penalty of 100l. to be forfeited to the king. And the stat. 5 Eliz. c. 9. s. 12. gives an additional remedy by enacting, that, " if any person (upon whom any process out of a court of record shall be served, to testify concerning any cause or matter depending there, and having tendered to him according to his countenance or calling such reasonable sum of money for his costs and charges, as with regard to the distance of the place is necessary to be allowed,) do not appear according to the tenor of the process, not having a lawful and reasonable cause to the contrary; he shall forfeit for every such offence rol., and yield such further recompence to the party grieved, as by the discretion of the judge of the court, out of which the process issues, shall be awarded.”

No

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