References are to pages.

PROCLAMATION:

as evidence, 208.

judicial notice of, 370.

PRODUCTION OF WITNESS:

dispensed with in case of entries, 79.

PRODUCTION OF WRITING:

when necessary in proving a writing, 183–186. N

how obtained, 175, 176.

PROFESSIONAL ENTRIES:

their value as evidence, 78-80.

PROLIXITY:

as an objection to hypothetical questions, 273.
PROMISE:

rendering confessions involuntary, 128.
confessions procured by, 130.

persons making, 135, 136.

to hold testamentary gift in trust, 328.

PROMISSORY NOTE:

PROPER CUSTODY FOR ANCIENT WRITINGS:
defined, 149, 150.

a judicial question, 149.

lessor or grantor, 150.

PROPER MANAGEMENT:
of ship, 289.

PROPRIETY:

of act, opinion of, 266.
PROSTITUTES:

association with, as revelant to prove adultery, 22.
PROVINCE OF JUDGE:

to instruct jury as to circumstantial evidence, 8.
to determine if dying declaration is admissible, 140.
as to proper custody of ancient documents, 149.
voluntary character of confessions, 127.

genuineness of standard for comparison of writing, 203.

to construe foreign law, 211.

on issue of domestic record, 220.

to construe contract, 302.

to permit disgracing questions, 520.

to permit incriminating questions, 521.

to take part in examination of witness, 472.

to exclude incompetent evidence, 472, 473.

PROVINCE OF JURY:

References are to pages.

to weigh circumstantial evidence, 8.

over opinion evidence, 273, 276.

over negligence, 291.

to determine damages, 292, 293.

to determine completeness of contract, 307.

to construe contract, 303.

to weigh the evidence, 472.

(see also FACTS.)

PRUDENCE:

evidence to show presence or absence of, 268
(see also CARE.)

PUBLIC AND PRIVATE ENTRIES:

distinguished, 78.

PUBLICATION:

service by proving, 229.

of ordinances, how proved, 214, 215.
in newspaper as evidence, 215.
of will by testator, 406.

PUBLIC BOUNDARIES:

judicial notice of, 368, 369.

PUBLIC HOLIDAYS:

judicial notice of, 365.

PUBLICITY, 156, 157.

PUBLIC LANDS:

primary evidence of their boundaries, 57.

PUBLIC LAWS:

judicial notice of, 374-376.

PUBLIC OFFICIALS:

judicial notice of customs of, 373.

PUBLIC POLICY:

communications incompetent by (see PRIVILEGED COMMUNICATIONS).

PUBLIC RECORDS:

primary evidence of, 54.

PUBLIC RECORDS, PROOF AND EFFECT OF:

definition of, 209.

inspection of, 206, 207.

proof of executive and legislative acts and writings, 208.

proof of non-judicial records, 209-211.

proof of foreign laws, 211-213.

proof of municipal ordinances, 213-215.

effect of public documents as evidence, 215-217.

historical and scientific publications; almanacs and newspapers, 217,

218.

INDEX.

References are to pages.

PUBLIC RECORDS, PROOF AND EFFECT OF (continued):

proof of judicial records defined, 218-221.

records of courts of equity and of inferior courts, 221, 222.

records of courts of other states, 222-225.

foreign judgments, 225, 226.

records of surrogate courts, 226, 227.

returns on writs; the effect of judicial records as evidence, 227–229.

the effect of judgments on those in privity with the parties, 231, 232.
judgment records as evidence, 230, 231.

judgment must have been final and on the merits, 232.

judgments conclusive only as to material facts in issue, 233.

identity of cause of action required, 234–236.

persons affected by judgments in rem and actions fixing personal status,
236, 237.

criminal judgments, 237.

proof of judgments as facts and their use as proving ulterior facts dis-
tinguished, 237, 238.

validity and effect of foreign judgments, 238-240.

judgments of sister states, 241.

judgments in bar need not be pleaded, 242.

PUBLIC RIGHT:

reputation to show, 154.

PUBLIC STATUTES:

judicial notice of, 373.

"PUBLIC WRITINGS:"

defined, 174.

PURPOSE (see MALICE, INTENTION and MOTIVE).

Q.

QUALIFICATION OF WITNESS:

to testify to blood, 281.

to insanity, 287.

to value, 292.

to machinery, etc., 288.

of experts in general, 271-273.

to physical condition of a person, 282,

QUALITY:

allegation and procf of, 39.
proof of, by comparison, 297.

QUANTITY:

allegation and proof of, 39.

QUARRELSOME DISPOSITION:
relevancy of, 27.

RAILROAD CORPORATIONS:

when bound by the admissions of their employees, 102.

RAILROAD OFFICIALS:

as expert witnesses, 288.

RAILROAD TRAINS:

evidence to show speed of, 269, 270.

damage caused by running, 271.

proper method of stopping, 288.
derailment of, 288.

RAILROAD TRAVEL:

judicial notice of, 365.

RAILROADS:

judicial notice of the existence of, 372.

expert evidence to show operation of, 288, 289.

RAPE:

References are to pages.

relevancy of evidence of chastity of prosecuting witness in, 25.
declarations by the victim of, 71.

presumption that boy cannot commit, 334.

medical testimony in a case of, 284.

questions on witness' chastity in, 517.

RATE OF INTEREST:

judicial notice of, 378.

REAL ESTATE AGENT:

as a witness to land values, 292, 293.

REAL EVIDENCE:

defined, 492.

where legitimacy is in issue, 492.
resemblance shown by, 493.

to show a person's race or color, 493.
to determine age, 494.

to show identity, 494, 495.

REAL PARTIES IN INTEREST:

admissions of, 99.

his incompetency as a witness, 426.
guarantor, his interest, 429.

REASONABLE CARE:

charging the jury on, 33, 34.
opinion evidence as to, 266, 267.
REASONABLE CONSTRUCTION:
defined, 302.

REASONABLE DOUBT:

defined, 8-12.

burden of proof, 384.

prisoner need not prove insanity beyond, 385.
REBUTTAL:

parol evidence in, of presumptions, 314, 315.

of experiments by others, 296.

evidence in, may be offered in chief, 16.

depositions for use in, 532.

defined, 551.

discretion of court to reject evidence offered in, 551, 553,

corroborative or cumulative evidence in, 552.

evidence in, to overcome a presumption, 552.

evidence in, to show whole of conversation, 552.
order of proof, 553.

RECALLING WITNESS:

discretion of court, 487.

after recross examination, 488.

refusal, 488.