A Treatise on the Law of Evidence in Scotland, Volume 1

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Bell & Bradfute, 1864 - Evidence - 1268 pages
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Page 623 - British subjects," the first *section of which enacts [212 that "every will and other testamentary instrument made out of the United Kingdom by a British subject (whatever may be the domicile of such person at the time of making the same or at the time of his or her death), shall as regards personal estate be held to be well executed for...
Page 623 - Death) shall as regards Personal Estate to be held to be well executed for the Purpose of being admitted in England and Ireland to Probate, and in Scotland to Confirmation, if the same be made according to the Forms required either by the Law of the Place where the same was made...
Page 602 - ... and thereupon each such part shall, for all the purposes of this Act, be deemed to be a separate mine.
Page 233 - Seamen, or by other evidence, that the ship has twelve months or upwards before the institution of the proceeding left a port of departure, she shall, unless it is shown that she has been heard of within twelve months after that departure, be deemed to have been lost...
Page 176 - there needs not either the( antiquity, the uniformity, or the notoriety of custom, which in respect of all these becomes a local law. The usage may be still in course of growth; it may require evidence for its support in each case; but in the result it is enough, if it appear to be so well known and acquiesced in, that it may be reasonably presumed to have been an ingredient tacitly imported by the parties into their contract.
Page 111 - whenever any book or other document is of such a public nature as to be admissible in evidence on its mere production from the proper custody, and no statute exists which renders its contents provable by means of a copy, any copy thereof or extract therefrom shall be admissible in evidence in any court of justice...
Page 378 - That no action of Declarator of Trust shall be sustained as to any deed of Trust made for hereafter, except upon a Declaration or Back-Bond of Trust lawfully subscribed by the Person alleged to be the Trustee...
Page 202 - Then, what is reasonable doubt ? It is a term often used, probably pretty well understood, but not easily defined. It is not mere possible doubt ; because everything relating to human affairs and depending on moral evidence is open to some possible or imaginary doubt.
Page 111 - ... provided it be proved to be an examined copy or extract, or provided it purport to be signed and certified as a true copy or extract by the officer to whose custody the original is intrusted...
Page 619 - What evidence the Courts of another country would receive, and what reject, is a question into which I cannot at all see the necessity of the Courts of any one country entering. Those principles, which regulate the admission of evidence, are the rules by which the Courts of every country guide themselves in all their inquiries. The truth with respect to men's actions, which form the subject-matter of their inquiry, is to be ascertained according to a certain definite course of proceeding, and certain...

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