by the examination of the witness, or the record of the judgment, that he had been convicted of a felony. 2052. A witness may also be impeached by evi- Same. dence that he has made, at other times, statements inconsistent with his present testimony; but before this can be done the statements must be related to him, with the circumstances of times, places, and persons present, and he must be asked whether he made such statements, and if so, allowed to explain them. If the statements be in writing, they must be shown to the witness before any question is put to him concerning them. 2053. Evidence of the good character of a party Evidenco of good is not admissible in a civil action, nor of a witness in character. when any action, until the character of such party or witness allowed. has been impeached, or unless the issue involves his character. it Writing witness shown to may be 2054. Whenever a writing is shown to a witness, may be inspected by the opposite party, and if proved by the witness must be read to the jury before his tes- inspected timony is closed, or it cannot be read except on recall- party. ing the witness. by adverse TITLE IV. OF THE EFFECT OF EVIDENCE. SECTION 2061. Jury judges of effect of evidence, but to be instructed on certain points. 2061. The jury, subject to the control of the Court, Jury judges evidence, of effect of but to be on certain in the cases specified in this Code, are the judges of the effect or value of evidence addressed to them, instructed except when it is declared to be conclusive. They points. are, however, to be instructed by the Court on all proper occasions: Same. 1. That their power of judging of the effect of evidence is not arbitrary, but to be exercised with legal discretion, and in subordination to the rules of evidence; 2. That they are not bound to decide in conformity with the declarations of any number of witnesses, which do not produce conviction in their minds, against a less number or against a presumption or other evidence satisfying their minds; 3. That a witness false in one part of his testimony is to be distrusted in others; 4. That the testimony of an accomplice ought to be viewed with distrust, and the evidence of the oral admissions of a party with caution; 5. That in civil cases the affirmative of the issue must be proved, and when the evidence is contradictory the decision must be made according to the preponderance of evidence; that in criminal cases guilt must be established beyond reasonable doubt; 6. That evidence is to be estimated not only by its own intrinsic weight, but also according to the evidence which it is in the power of one side to produce and of the other to contradict; and, therefore, 7. That if weaker and less satisfactory evidence is offered, when it appears that stronger and more satisfactory was within the power of the party, the evidence. offered should be viewed with distrust. TITLE V. OF THE RIGHTS AND DUTIES OF WITNESSES. SECTION 2064. Witnesses bound to attend when subpoenaed. 2066. Right of witnesses to protection. 2067. Witnesses protected from arrest when attending, or going or returning. SECTION 2068. Arrest to be made void, and party making arrest lia ble, etc. 2069. To make affidavit if arrested. 2070. Court to discharge witnesses from arrest. bound to when sub 2064. ($407.) A witness, served with a subpoena, Witnesses must attend at the time appointed, with any papers attend under his control required by the subpoena, and answer poenaed. all pertinent and legal questions; and, unless sooner discharged, must remain until the testimony is closed. bound to questions. 2065. ($408.) A witness must answer questions Witnesses legal and pertinent to the matter in issue, though his answer answer may establish a claim against himself; but he need not give an answer which will have a tendency to subject him to punishment for a felony; nor need he give an answer which will have a direct tendency to degrade his character, unless it be to the very fact in issue, or to a fact from which the fact in issue would be presumed. But a witness must answer as to the fact of his previous conviction for felony. 2066. It is the right of a witness to be protected from irrelevant, improper, or insulting questions, and from harsh or insulting demeanor; to be detained only so long as the interests of justice require it; to be examined only as to matters legal and pertinent to the issue. Right of witnesses to protec tion. protected when from arrest attending, returning. or going or 2067. (§ 415.) Every person who has been, in Witnesses good faith, served with a subpoena to attend as a witness before a Court, Judge, Commissioner, referee, or other person, in a case where the disobedience of the witness may be punished as a contempt, is exonerated from arrest in a civil action while going to the place of attendance, necessarily remaining there, and returning therefrom. 2068. (§ 416.) The arrest of a witness, contrary to the preceding section, is void, and, when willfully Arrest to be made party making arrest liable, etc. made, is a contempt of the Court; and the person Void, and making it is responsible to the witness arrested for double the amount of the damages which may be assessed against him, and is also liable to an action at the suit of the party serving the witness with the subpoena, for the damages sustained by him in consequence of the arrest. To make affidavit if arrested. Court to discharge witnesses from arrest. 2069. (§ 416.) An officer is not liable to the party for making the arrest in ignorance of the facts creating the exoneration, but is liable for any subsequent detention of the party, if such party claim the exemption, and make an affidavit stating: 1. That he has been served with a subpoena to attend as a witness before a Court, officer, or other person, specifying the same, the place of attendance, and the action or proceeding in which the subpœna was issued; and, 2. That he has not thus been served by his own procurement, with the intention of avoiding an arrest; 3. That he is at the time going to the place of attendance, or returning therefrom, or remaining there in obedience to the subpoena. The affidavit may be taken by the officer, and exonerates him from liability for discharging the witness when arrested. 2070. The Court or officer issuing the subpoena, and the Court or officer before whom the attendance is required, may discharge the witness from an arrest made in violation of Section 2067. If the Court have adjourned before the arrest, or before application for the discharge, a Judge of the Court or a County Judge may grant the discharge. TITLE VI. OF EVIDENCE IN PARTICULAR CASES, AND MISCEL- CHAPTER I. Evidence in particular cases. II. Proceedings to perpetuate testimony. IV. General provisions. CHAPTER I. EVIDENCE IN PARTICULAR CASES. SECTION 2074. An offer equivalent to payment. 2075. Whoever pays entitled to receipt. 2076. Objections to tender must be specified. 2077. Rules for construing description of lands. 2078. Compromise offer of no avail. 2079. In action for divorce, admission not sufficient. 2074. An offer in writing to pay a particular An offer equivalent sum of money, or to deliver a written instrument or to payment specific personal property, is, if not accepted, equivalent to the actual production and tender of the money, instrument, or property. pays to receipt. 2075. Whoever pays money, or delivers an instru- Whoever ment or property, is entitled to a receipt therefor from entitled the person to whom the payment or delivery is made, and may demand a proper signature to such receipt as a condition of the payment or delivery. 2076. The person to whom a tender is made must, at the time, specify any objection he may have to the money, instrument, or property, or he must be deemed to have waived it; and if the objection be to the Objections to tender must be specified. |