Page:United States Statutes at Large Volume 47 Part 1.djvu/1119

 72d C ONGRESS. SESS. II. CH. 127. FEBRUARY 27, 1933 . 1095 declaration, act, or omission of the latter,. while hol di ng the title, in rel ation to the pr opert y, is evid ence again st the for mer. SEC. 1049. DECLARATIONS WHICH ARE A PART OF THE TR ANSAC TION .- Declarations a p art of transaction. Where, also, the declaration, act, or omission forms part of a trans- action, which is itself the fact in dispute, or evidence of that fact, such declaration, act, or omission is evidence, as part of the trans- actio n. SEC. 1050 . EVIDENCE RELATING TO THI RD PERSON .-And where the Relating to third que sti on in dispute between the parties is the obligation or du ly of person. a third person, whatever would be the evidence for or against such person is prima facie evidence between the parties. SEC. 1051. DECLARATION OF DECEDENT EVIDENCE OF PEDIGREE .-The of decedent, declaration decla ratio n, ac t, or omis sion of a membe r of a fam ily who is a de ce- den t, or out of the jurisdiction, is a lso admissible as evidence of com - mon reputation, in cases where, on questions of pedigree, suc h rep u- tation is admissible. SEC. 1052. DECLARATION OF DE CEDEN T EVI DENCE AGAI NST HIS SUC- Against interest. CESSOR IN INTEREST .-The d eclar ation , act , or omiss ion of a d ecede nt, havin g suf ficie nt kn owled ge of the subje ct, a gains t his pecu niary interest, is also admissible as evidence to that extent against his successor in interest. SEC. 1053 . WHEN PART OF A TRANSACTION PROVED, THE WHOLE IS when part of trans- action proved, whole is ADMISSIBLE .-Whe n par t of an ac t, de clara tion, conv ersat ion, or admissible. wri ti ng is given in evi de nce by one party, the whole on the sam e sub je ct may be inq ui red i nto by the other ; wh en a letter is rea d, the answer may be given ; and wh en a det ac hed a ct, declaration, conversation, or writing is given in evidence, any other act, declara- tio n, conversation, or writing, which is necessary to m ake it under- stood, may also be gi ven in evi dence. SEC. 1054. CONTENTS OF WRITING, HOW PR OV E D .-There can be no Proof of writing. evidence of the contents of a writing, other than the writing itself, excep t in the f ollow ing cases : 1. When the origi nal has be en lo st or dest royed ; in which case ab le est evidence avail- proof of the lo ss or destruction mu st first be made. 2. When the original is in possession of the party against whom the evidence is offered, and he fai ls to produce it aft er reasonable noti ce. 3. W hen the original is a record or other document in the custody of a public officer . 4. When the original has been recorded, and a certified copy of the record is made evidence by this code or other statute. 5. Wh en the original consists of numerous accounts or other docu- ments, which can not be examined in court without great loss of time, and the evidence sought from them is only the general result of the whole. In the cases mentioned in subdivisions three and four, a copy, of the origi nal, or of the recor d, mu st be prod uced ; in thos e men tione d in subdivisions one and two, either a copy or oral evidence of the contents. SEC. 1055. PROOF OF CONTENTS OF LO ST PUBLIC RECORD OR DOCUMENT ; Lost public record or ABSTRACT OF TITL E MAY BE A DMIT" rED IN EVIDENCE.-When, in any document . action, it is desired to prove the contents of any public record or doc ument lost or d estro yed by con flagr ation or o ther publi c cal amity and after proof of such loss or destruction, there is offered in proof of s uch c onten ts (a) any abst ract of ti tle m ade and is sued and c erti- fi ed as correct prior to su ch lo ss or destruction, and purporting to hav e bee n pre pared and made in the ord inary cour se of busi ness by any person, firm or corporation engaged in the business of preparing and making abstracts of title prior to such loss or destruction ;