Page:United States Statutes at Large Volume 47 Part 1.djvu/1117

 72d CONGRESS. SESS. II. CH. 127 . FEBRUARY 27, 1933 . may direct the trustee to pay to the person or persons constituting the family of the missing person such sum or sums of money for family expenses and support from the income of the estate as it may, from time to time, determine. The trust ee mu st, f rom t ime to time , whe n dir ected by the court, account to and with it for all his ac ts as trustee, and the court may, at any time, upo n goo d cau se shown, remove any trustee, and appoint another in his place. CHA PTE R 38 .-EVIDENCE GE NE RAL DEFINITIONS AND DIVISIONS 1093 EVIDENCE. General definitions and divisions . SEC. 1027 . DEFINITION OF EVIDENCE .-Judicial evi dence is the "Evidence ." mean s, sa nctio ned by law, of ascertaining in a judicial proceeding the truth respecting a question of fact. S EC. 1028. DEFINITION OF PROOF .-P roof is the eff ect of evi dence , "Proof." the e stabl ishme nt of a fa ct by evid ence. SEC. 1029. DEFINITION OF LAW OF EVIDENCE .-The law of e viden ce, "Law of evidence ." whi ch is the su bje ct of th is chapter, is a collection of general rules estab lishe d by law 1. For declaring what is to be taken as tr ue without proof 2. For declaring the presumptions of law , bot h tho se which are dis pu tab le and tho se which are conclusive ; and 3. For the production of legal evidence 4. For the exc lusio n of whatever is not legal ; 5. For determining, in certain cases, the value and effect of evidence. SEC. 1030. DEGREE OF CERTAINTY REQUIRED TO ESTABLISH FACTS .- Degree of certainty The law does not require demonstration ; that is, such a degree of re aired . proof as, excluding possibility of error, produces absolute certainty ; because such proof is r arely poss ible. Mo ral c ertai nty o nly is required, or that degree of proof which produ ces c onvic tion in an unpre judic ed mind. SEC. 1031. FOUR KINDS OF E VIDEN CE SP ECIFI ED .-There are four Ki n d s of evidence. kinds of evidence 1. The knowledge of the court. 2. The testimony o f witnesses. 3. Writings. 4. Other material objects presented to the senses. SEC. 1032 . SEVERAL DEGREES OF EVIDENCE SPECIFIED .-There are Degrees. severa l deg rees of evidence : 1. Primary and secondary. 2. Direct and indirect. 3 . Prima facie, partial, satisfactory, indispensable, and conclusive. SEC. 1033 . PRIMARY EVIDENCE DEFINED .-Primary evidence is that "Prim ary e viden ce ." ki nd of evidence which, under every possible circumstance, affords the g reate st cer taint y of the fact in question. Thus, a written instru- men t is itself the be st possible evi de nce of its existence and contents. SEC. 1034 . SECONDARY EVIDENCE DEFINED .-Secondary evidence is "Secondary ." that which is inferior to primary. Thus, a copy of an instrument or oral evidence of its contents is secondary evidence of the instru- ment ankl contents. SEC. 1035 . DIRECT EVIDENCE DEFINED. -D ire ct evidence is th at "D ire ct ." which proves the fa ct in dispute, directly, without an inference or presumption, and which in it sel f, if true, conclusively establishes tha t fact. For example, if the fa ct in dispute be an agreement, the evi- dence of a witness who was present and witnessed the making of it, is direct.