CO129-068 - Sir Bowring - 1858 [5-12] — Page 571

567

97

96.

the

declarations of those of same blood, it was constantly, as Mr. Phillips .. (Law of "hed: page 242) has shown, the practice to receive the hearsays of

Evidence 8th ed:

tradition," and

servants, of

casual acquaintances leven of "common fame", "general 6 reputation of the county, in proof, & lepon such proof to defeat

oi establish the descent or

consanguinity of the party although those

were the were,

principal or even

bov even the only

matters at issue in the cause

And, albeit limited in that

respect since 1824., the like evidence is still admissible in all other cases to establish the like facts.

•

"Her... says Mr. Ditt Taylor,. (Law of Evidence), 2nded, pp. 454-5..) - " it does not follow "that, because the writings

or words in question are those of a third person not under "bath, they are thereforesto "" be considered as hearsay. On the contrary, it often happens "that the very fact in " controversy is, whether certain

" things

were written.

رم

spoken, and not who ther