Page:United States Statutes at Large Volume 47 Part 1.djvu/1122

 1098 D ying declarations, etc. Acts, ate ., of partner, etc. C onspiracies. Acts, etc ., forming part of transaction. Ante, p .1005. Testimony of de- ceased, etc ., persons. Expert testimony. Opinion, as to sanity. Ancient d ocuments, ate. Usage. Monuments, inscrip- tions, family records, etc. Parole, o f writing, when admissible. Indirect. Common re putation. Ante, p. 1094. Kinds and dagees. Knowledge of the court. Judicial notice. 72d C ONGRESS. SESS. II. CH. 127. FEB RUA RY 27, 1933 . 4. The act or declaration, verbal or written, of a deceased person in respect to the relationship, birth, marriage, or death of any, person related by blood or marriage to such deceased person ; the act or decla ration of a decea sed person done o r made against h is interest in respect to his real property ; and also in criminal actions, the act,, or de claration of a dying person, m ade under a sen se of impending death, respecting the cause of his deat h ; 5. After proof of a partnership or agency, the act or declaration of a partner or - agent of the party, within the scope of the partner- ship or agency, and during its existence. The same rule applies to the act or declaration of a joint owner, joint debtor, or other person jointly interested with the party ; 6 . After proof of a conspiracy, the act or declaration of a con- spirator against his co-conspirator, and relating to the conspiracy ; 7. The act, declaration, or omission forming part of a transaction as explained in section 1049 ; 8 . The testimony of a witness deceased, or out of the jurisdiction, or unable to testify, given in a former action between the same par- ties, relating to the same matter ; 9 . The opinion of a witness respecting the identity or handwriting of a person, when he has knowledge of the person or handwriting his opinion on a question of science, art, or trade, when he is skilled therein ; 1 0 . The opinion o f a subscribing w itness to a writ ing, the validity of which is in dispute, respecting the mental sanity of the signer ; and the opinion of an intimate acquaintance respecting the mental sanity o f a person, the r eason for the opi nion being given ; 11. Common reputation. existing previous to the controversy, re- specting facts of a public or general interest more than thirty years old, and in cases of pedigr ee and boundary ; 12 . Usage, to explain the true character of an act, contract, or instrume nt, where such t rue character is not otherwise plain but usage is never admissible, except as an instrument of interpretation ; 13 . Monuments and inscriptions in public places, as evidence of com mon reputation ; and entries in family Bibles, or other family books or charts ; engravings on rings, family portraits, and the like, as evidence of pedigree ; 14. The contents of a wri tin g, when oral evi den ce thereof is admissible ; 15 . Any other facts from which the facts in issue are presumed or are togItally inferable ; 16. Such facts as serve to show the credibility of a witness, as explained in section 1046. KINDS AN D DEGREES OF EVI DEN CE KNOWLEDGE OF IH .E COU RT SEC. 1071 . CERTAIN FACTS OF GENERAL NOTORIETY ASSUMED To BE TR U E ; SPECIFICAT ION OF S UCH FACTS .-Courts take judicial n otice of the following facts 1 . The true signification of all English words and phrases, and of all legal expressions ; 2 . Whatever is esta blished by law ; 3 . Public and private official acts of the legislative, executive, and j udicial departme nts of the Unit ed States ; 4. The seals of all the courts of the Canal Zone and of the United States ;