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according accordingly action actual addressed admission admitted allowed answer appear apply arising authority called cause character charge circumstances civil common conclusive confession confined considered contract contradiction course Court criminal cross-examination death decision deed defendant direct distinction document doubt effect England English Law entry established estoppel evidence examination example exception excluded existence expression extent fact former give given ground hand held Illustration India individual instance intention interest issue Judge judgment judicial Justice knowledge leading Lord matter means mind nature necessary notice oath objection observed ordinary original particular party person position possession practice present presumed presumption principle probable proceedings produce proof protection proved provision question reason received record reference regards relation Reports respects rule says statement sufficient suit taken Taylor testimony thing tion transaction trial truth whole witness writing written
第 488 頁 - The general principle on which this species of evidence is admitted, is that they are declarations made in extremity, when the party is at the point of death, and when every hope of this world is gone; when every motive to falsehood is silenced, and the mind is induced by the most powerful considerations to speak the truth : a situation so solemn and so awful is considered by 1 1 Leach CC 502.
第 40 頁 - Wherefore saith my lord these words? God forbid that thy servants should do according to this thing: behold, the money, which we found in our sacks' mouths, we brought again unto thee out of the land of Canaan: how then should we steal out of thy lord's house silver or gold? with whomsoever of thy servants it be found, both let him die, and we also will be my lord's bondmen.
第 231 頁 - By means of it, the situation of the witness with respect to the parties and to the subject of litigation, his interest, his motives, his inclination and prejudice, his means of obtaining a correct and certain knowledge of the facts to which he bears testimony...
第 40 頁 - Fill the men's sacks with food, as much as they can carry, and put every man's money in his sack's mouth. 2 And put my cup, the silver cup, in the sack's mouth of the youngest, and his corn money.
第 405 頁 - ... to be interested under the will, and to the property which is claimed as the subject of disposition, and to the circumstances of the testator and of his family and affairs; for the purpose of enabling the court to identify the person or thing intended by the testator...
第 256 頁 - Proof can be given the Circumstances of the supposed Statement, sufficient to designate the particular Occasion, must be mentioned to the Witness, and he must be asked whether or not he has made such Statement.
第 583 頁 - But a confession forced from the mind by the flattery of hope, or by the torture of fear, comes in so questionable a shape when it is to be considered as the evidence of guilt, that no credit ought to be given to it; and therefore it is rejected.
第 40 頁 - Behold, the money, which we found in our sacks' mouths, we brought again unto thee out of the land of Ca-na-an: how then should we steal out of thy lord's house silver or gold? 9 With whomsoever of thy servants it be found, both let him die, and we also will be my lord's bondmen. 10 And he said, Now also let it be according unto your words: he with whom it is found shall be my servant; and ye shall be blameless.
第 560 頁 - But the rule of law is clear, that where one, by his words or conduct, wilfully causes another to believe the existence of a certain state of things, and induces him to act on that belief, so as to alter his own previous position, the former is concluded from averring against the latter a different state of things as existing at the same time...