ROSCOE'S DIGEST

OF THE

LAW OF EVIDENCE

ON THE TRIAL OF

Civil Actions

NINETEENTH EDITION

BY

JAMES S. HENDERSON,

OF THE MIDDLE TEMPLE, BARRISTER-AT-LAW.

ADVERTISEMENT

TO THE NINETEENTH EDITION.

MR. MAURICE POWELL, whose name was so closely associated with successive editions of this work, first as co-editor and then as sole editor, died in December, 1914. For this edition he had made numerous notes, these sometimes taking the form of new paragraphs, and sometimes merely the name of a decision the effect of which was to be incorporated into the text. On being requested by the publishers to continue Mr. Powell's work for this edition, these notes were placed in my hands and I gladly acknowledge the assistance I have derived from them.

I have retained the same arrangement as in previous editions, but being requested by the publishers to decrease the bulk of the work if possible, I have, with this view, omitted the table of stamp duties and also, after careful consideration, the subject of marine insurance; and in addition I have shortened certain of the sections.

References to the Law Journal Reports have been added; and cases reported since the text was in type, up to this month, have been noted in the Addenda, p. clxiii.

In the preparation of the Table of Cases Cited I received valuable assistance from Mr. J. W. Cunnison and Mr. A. C. Cunnison, and in the repaging and alteration of the Index I had the valuable help of Mr. J. D. Cowley, the Assistant Librarian of the Middle Temple.

J. S. HENDERSON.

TEMPLE,

April, 1922.

(iv)

THE AUTHOR

AND

FORMER EDITORS AND EDITIONS OF
THIS WORK.

1st to 4th editions (1827-36), by HENRY ROSCOE (the Author).* 5th edition (1839), by CHARLES CROMPTON† and EDWARD SMIRKE.

6th to 8th editions (1844-51), by EDWARD SMIRKE.

9th edition (1858), by EDWARD SMIRKE and SAMUEL PRENTICE.§ 10th edition (1861), by EDWARD SMIRKE.

11th edition (1866), by WILLIAM MILLS and WILLIAM MARKBY.|| 12th and 13th editions (1870-75), by JOHN CHARLES DAY¶ and MAURICE POWELL.

14th edition (1879), by JOHN CHARLES DAY and MAURICE POWELL assisted by HUNGERFORD TUDOR BODDAM.SS

15th to 18th editions (1884-1907), by MAURICE POWELL.

* Born 1800; died 1836.

Puisne Judge, Q.B.

Vice-warden of the Stannaries.

S County Court Judge.

Puisne Judge, Calcutta.

Puisne Judge, Q.B.D. & K.B.D.

§§ Puisne Judge, Madras.