Page:United States Statutes at Large Volume 76A.djvu/489

–393– -393sion had the right and opportunity for cross-examination with an interest and motive similar to that which the adverse party has in the action in which the testimony is offered; or (C) in criminal actions, depositions or prior testimony as provided by section 3507 of Title 6; (4) Contemporaneous Statements and Statements Admissible on Ground of Necessity Generally. A statement (A) which the judge finds was made while the declarant was perceiving the event or condition which the statement narrates, describes or explains, or (B) which the judge finds was made while the declarant was under the stress of a nervous excitement caused by such perception; (5) Dying Declarations. A statement by a person unavailable as a witness because of his death if the judge finds that it was made voluntarily and in good faith and while the declarant was conscious of his impending death and believed that there was no hope of his recovery; (6) Confessions. In a criminal proceeding as against the accused, a previous statement by him relative to the offense charged if, and only if, the judge finds that the accused when making the statement was conscious and was capable of understanding what he said and did, and that he was not induced to make the statement (A) under compulsion or by infliction or threats of infliction of suffering upon him or another, or by prolonged interrogation under such circumstances as to render the statement involuntary, or (B) by threats or promises concerning action to be taken by a public official with reference to the crime, likely to cause the accused to make such a statement falsely, and made by a person whom the accused reasonably believed to have the power or authority to execute the same; (7) Admissions by Parties. As against himself a statement by a person who is a party to the action in his individual or a representative capacity and if the latter, who was acting in such representative capacity in making the statement; (8) Authorized and Adoptive Admissions. As against a party, a statement (A) by a person authorized by the party to make a statement or statements for him concerning the subject of the statement, or (B) of which the party with knowledge of the content thereof has, by words or other conduct, manifested his adoption or his belief in its truth; (9) Vicarious Admissions. As against a party, a statement which would be admissible if made by the declarant at the hearing if (A) the statement concerned a matter within the scope of an agency or employment of the declarant for the party and was made before the termination of such relationship, or (B) the party and the declarant were participating in a plan to commit a crime or a civil wrong and the statement was relevant to the plan-or its subject matter and was made while the plan was in existence and before its complete execution or other termination, or (C) one of the issues between the party and the proponent of the evidence of the statement is a legal liability of the declarant, and the statement tends to establish that liability; (10) Declarations Against Interest. Subject to the limitations of exception (6), a statement which the judge finds was at the time of the assertion so far contrary to the declarant's pecuniary or proprietary interest or so far subjected him to civil or criminal liability or so far rendered invalid a claim by him against another or created such risk of making him an object of hatred, ridicule or social disapproval in the community that a reasonable man in his position would not have made the statement unless he believed it to be true; (11) Voter's Statements. A statement by a voter concerning his qualifications to vote or the fact or content of his vote;

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