Page:1862 Territory of Dakota Session Laws.pdf/118

CHAP. VIII.] detached act, declaration, conversation, or writing is given in evidence, any other act, declaration, or writing, which is necessary to make it fully understood, or to explain the same, may also be given in evidence.

. 320. When an instrument consists partly of written and partly of printed form, the former controls the latter, where the two are inconsistent.

. 321. When the terms of an agreement have been intended in a different sense by the parties to it, that sense is to prevail against either party in which he had reason to suppose the other understood it.

. 322. Historical works, books of science or art, and published maps or charts, when made by persons indifferent between the parties, are presumptive evidence of facts of general notoriety or interest.

. 323. When a subscribing witness denies or does not recollect the execution of the instrument to which his name is subscribed as such witness, its execution may be proved by other evidence.

. 324. Evidence respecting handwriting may be given by comparisons made by experts or by the jury with writings of the same persons, which are proved to be genuine.

. 325. The entries and other writings of a person deceased, made at or near the time of the transaction, and in a position to know the facts therein stated, are presumptive evidence of such facts, when the entry was made against the interest of the person so making it, or when made in a professional capacity, or in the ordinary course of professional conduct, or when made in the performance of a duty specially enjoined by law.

. 326. Books of account, containing charges by one party against the other, made in the ordinary course of business, are receivable in evidence only under the following circumstances, subject to all just exceptions to their credibility: 1. The books must show a continuous dealing with persons generally, or several items of charges at different times against the other party, in the same book. 2. It must be shown by the party's oath, or otherwise, that they are his books of original entries. 3. It must be shown, in like manner, that the charges were made at or near the time of the transaction therein entered, unless satisfactory reasons appear for