A protest made by the captain, whose attendance cannot be procured, is a relevant fact.  

(8) Or is made by several persons and expresses feelings relevant to matter in question: When the statement was made by a number of persons and expressed feelings or impressions on their relevant to the matter in question.

Illustrations

  • The question is, whether A was harmed by B; or

A dies of injuries received in a transaction in the course of which she was ravished. The question is whether she was ravished by B; or

The question is, whether A was killed by B under such circumstances that a suit would lie against B by A’s widow.

Statements made by A as to the cause of his or her death, referring respectively to the murder, the rape, and the actionable wrong under consideration are relevant facts.

  • The question is, as to the date of A’s birth.

An entry in the diary of the deceased surgeon, regularly kept in the course of the business, stating that, on a given day he attended A’s mother and delivered her of a son, is relevant fact.

  • The question is, whether A was in Calcutta on a given day.

An entry in the diary of the deceased solicitor, regularly kept in the course of the business, that, on a given day solicitor attended A at a place mentioned, in Calcutta, for the purpose of conferring with him upon specified business, is a relevant fact.

  • The question is, whether a ship sailed from Bombay harbour on a given day.

A letter written by a deceased member of a merchant’s firm by which she was chartered, to their correspondents in London to whom the cargo was consigned, stating that the ship sailed on a given day from Bombay harbour, is a relevant fact.

  • The question is, whether rent was paid to A for certain land.

A letter from A’s deceased agent to A, saying that he had received the rent on A’s account and held it at A’s orders, is a relevant fact.

  • The question is, whether A and B were legally married.

The statement of a deceased clergyman that he married them under such circumstances that the celebration would be crime is relevant.

  • The question is, whether A, a person who cannot be found, wrote a letter on a certain day. The fact that a letter written by him is dated on that day, is relevant.
  • The question is, what was the cause of the wreck ship.

A protest made by the captain, whose attendance cannot be procured, is a relevant fact.

 

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