A

TREATISE

ON THE

LAW OF EVIDENCE.

PART IV.

OF THE EVIDENCE REQUISITE IN CERTAIN PARTICULAR ACTIONS AND ISSUES AT COMMON LAW.

PRELIMINARY OBSERVATIONS.

§ 1. HAVING, in the preceding Volume, treated, First, Of the Nature and Principles of Evidence, Secondly, Of the Object of Evidence, and the Rules which govern in the production of Testimony,- and, Thirdly, Of the Means of Proof, or the Instruments by which Facts are established; it is now proposed to consider, Fourthly, The Evidence requisite in certain Particular Actions and Issues, at Common Law, with reference both to the nature of the suit or of the issue, and to the legal or official character and relations of the parties.

§ 2. We have already seen, that the evidence must correspond with the allegations, and be confined to the point in issue; that the substance of the issue, and that only, must be proved; 2 that the burden of proof generally lies on the party holding the affirmative of the issue; and that the best evidence, of which the nature of the case is susceptible, mustbe adduced. These doctrines, therefore, will not be again. discussed in this place.

3

1 Vol. 1, Pt. 2, ch. 1.

2 Vol. 1, Pt. 2, ch. 2.

3 Vol. 1, Pt. 2, ch. 3.

4 Vol. 1, Pt. 2, ch. 4.