Page:United States Statutes at Large Volume 76A.djvu/492

–396– -396concerns the birth, marriage, divorce, death, legitimacy, relationship by blood or marriage, or race-ancestry of a person resident in the community at the time of the reputation, or some other similar fact of his family history or of his personal status or condition which the judge finds likely to have been the subject of a reliable reputation in that community; (28) Reputation as to Character. If a trait of a person's character at a specified time is material, evidence of his reputation with reference thereto at a relevant time in the community in which he then resided or in a group with which he then habitually associated, to prove the truth of the matter reputed; (29) Recitals in Documents Affecting Property. Evidence of a statement relevajit to a material matter, contained in a deed of conveyance or a will or other document purporting to affect an interest in property, offered as tending to prove the truth of the matter stated, if the judge finds that the matter stated would be relevant upon an issue as to an interest in the property, and that the dealings with the property since the statement was made have not been inconsistent with the truth of the statement; (30) Commercial Lists and the Like. Evidence of statements of matters of interest to persons engaged in an occupation contained in a list, register, periodical, or other published compilation to prove the truth of any relevant matter so stated if the judge finds that the compilation is published for use by persons engaged in that occupation and is generally used and relied upon by themj (31) Learned Treatises. A published treatise, periodical or pamphlet on a subject of history, science or art to prove the truth of a matter stated therein if the judge takes judicial notice, or a witness expert in the subject testifies that the treatise, periodical or pamphlet is a reliable authority in the subject. § 2963. Discretion of judge under exceptions (15), (16), (17), (18) and (19) to exclude evidence Any writing admissible pursuant to exceptions (15), (16), (17), (18), and (19) of section 2962 of this title shall be received only it the party offering such writing has delivered a copy of it or so much thereof as may relate to the controversy, to each adverse party a reasonable time before trial unless the judge finds that the adverse party has not been unfairly surprised by the failure to deliver the copy. § 2964. Credibility of declarant Evidence of a statement or other conduct by a declarant inconsistent with a statement received in evidence under an exception to section 2962 of this title is admissible for the purpose of discrediting the declarant, though he had no opportunity to deny or explain suoi inconsistent statement. Any other evidence tending to impair or support the credibility of the declarant is admissible if it would have been admissible had the declarant been a witness. § 2965. Multiple hearsay A statement within the scope of an exception to section 2962 of this title is not inadmissible on the ground that it includes a statement made by another declarant and is offered to prove the truth of the included statement if the included statement itself meets the requirements of an exception.

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