TITLE IV. OF THE EFFECT OF EVIDENCE. § 2061. Jury judges of effect of evidence, but to be instructed on certain points. § 2061. Jury judges of effect of evidence, but to be instructed on certain points. The jury, subject to the control of the court, in the cases specified in this code, are the judges of the effect and value of evidence addressed to them, except when it is declared to be conclusive. They are, however, to be instructed by the court on all proper occasions: 1. That their power of judging of the effect of evidence is not arbitrary, but to be exercised with legal discretion, and in subordination to the rules of evidence; 2. That they are not bound to decide in conformity with the declarations of any number of witnesses, which do not produce conviction in their minds, against a less number or against a presumption or other evidence satisfying their minds; 3. That a witness false in one part of his testimony is to be distrusted in others; 4. That the testimony of an accomplice ought to be viewed with distrust, and the evidence of the oral admissions of a party with caution; 5. That in civil cases the affirmative of the issue must be proved, and when the evidence is contradictory the decision must be made according to the preponderance of evidence; that in criminal cases guilt must be established beyond a reasonable doubt; 6. That evidence is to be estimated not only by its own intrinsic weight, but also according to the evidence which it is in the power of one side to produce, and of the other to contradict; and, therefore, 7. That if weaker and less satisfactory evidence is offered, when it appears that stronger and more satisfactory was within the power of the party, the evidence offered should be viewed with distrust. En. March 11, 1872. Cal.Rep.Cit. 50, 633; 60, 148; 76, 196; 79, 692; 80, 603; 111, 14; 115, 12; 115, 66, 185; 14; 84, 456; 125, 519. 67, 403; 71, 397; 96, 181; 105, 523; Subd. 2-122, 179. Subd. 353, 355; 53, 494; 69, 238; 73, 515; 84, 583; 119, 507; 121, 163; 126, 4; 131, 233; 134, 184; 138, 45; 138, 698. Subd. 495, 297; 98, 279; 111, 13; 119, 332; 121, 670; 131, 258. Subd. 555, 404; 56, 603; 65, 530; 80, 584; 84, 33; 134, 488; 136, 414. Subd. 6-120, 563; 122, 591; 122, 592. Subd. 7-122, 591. Province of jury-questions of fact: Post, sec. 2101. Credibility of witnesses, jury judges of: Sec. 1847, ante. Province of court: Compare sec. 608, ante, and sec. 2102, post. Admissions: Ante, sec. 1870, subd. 2. § 2064. 2065. 2066. § 2067. § 2068. TITLE V. OF THE RIGHTS AND DUTIES OF WITNESSES. Witnesses bound to attend when subpœnaed. Witnesses bound to answer questions. Right of witnesses to protection. Witnesses protected from arrest when attending, or going or returning. Arrest to be made void, and party making arrest liable, etc. § 2069. To make affidavit if arrested. § 2070. Court to discharge witness from arrest. § 2064. Witnesses bound to attend when subpoenaed. A witness, served with a subpoena, must attend at the time appointed, with any papers under his control required by the subpoena, and answer all pertinent and legal questions; and, unless sooner discharged, must remain until the testimony is closed. En. March 11, 1872. Prac. Act, sec. 407. En. April 29, 1851. Witnesses-competency, etc.: Ante, secs. 1878-1884. Examination, impeachment, refreshing memory, etc.: Ante, secs. 2042-2054. Power to compel attendance: Ante, secs. 128, 177. Change of place of holding court, effect of: Ante, sec. 143. Contempt: Ante, secs. 1209 et seq. § 2065. Witnesses bound to answer questions. A witness must answer questions legal and pertinent to the matter in issue, though his answer may establish a claim against himself; but he need not give an answer which will have a tendency to subject him to punishment for a felony; nor need he give an answer which will have a direct tendency to degrade his character, unless it be to the very fact in issue, or to a fact from which the fact in issue would be presumed. But a witness must answer as to the fact of his previous conviction for felony. March 11, 1872. Cal.Rep. Cit. 71, 239; 129, 470. Prac. Act, sec. 408. En. April 29, 1851. Cal.Rep.Cit. 3, 249; 7, 185. Contempt: Ante, secs. 1209 et seq. En. § 2066. Right of witnesses to protection. It is the right of a witness to be protected from irrelevant, improper, or insulting questions, and from harsh or insulting demeanor; to be detained only so long as the interests of justice' require it; to be examined only as to matters legal and pertinent to the issue. En. March 11, 1872. Cal.Rep.Cit. 71, 239; 76, 196; 116, 212. Compare sec. 2044. Detention of witness-unreasonable, constitutional prohibition of: See Const. Cal., art. 1, sec. 6. § 2067. Witnesses protected from arrest when attending or going or returning. Every person who has been, in good faith, served with a subpoena to attend as a witness before a court, judge, commissioner, referee, or other person, in a case where the disobedience of the witness may be punished as a contempt, is exonerated from arrest in a civil action while going to the place of attendance, necessarily remaining there and returning therefrom. En. March 11. 1872. Prac. Act, sec. 415. En. April 29, 1851. § 2068. Arrest to be made void, and party making arrest liable, etc. The arrest of a witness, contrary to the preceding section, is void, and when willfully made, is a contempt of the court; and the person making it is responsible to the witness arrested for double the amount of the damages which may be assessed against him, and is also liable to an action at the suit of the party serving the wit ness with a subpoena, for the damages sustained by him in consequence of the arrest. En. March 11, 1872. Prac. Act, sec. 416. En. April 29, 1851. § 2069. To make affidavit if arrested. An officer is not liable to the party for making the arrest in ignorance of the facts creating the exoneration, but is liable for any subsequent detention of the party, if such party claim the exemption and make an affidavit stating; 1. That he has been served with a subpoena to attend as a witness before a court, officer, or other person, specifying the same, the place of attendance, and the action or proceeding in which the subpoena was issued; and, 2. That he has not thus been served by his own procurement, with the intention of avoiding an arrest; 3. That he is at the time going to the place of attendance, or returning therefrom, or remaining there in obedience to the subpoena. The affidavit may be taken by the officer, and exonerates him from liability for discharging the witness when arrested. En. March 11, 1872. § 2070. Court to discharge witness from arrest. The court or officer issuing the subpoena, and the court or officer before whom the attendance is required, may discharge the witness from an arrest made in violation of section two thousand and sixty-seven. If the court have adjourned before the arrest, or before application for the discharge, a judge of the court may grant the discharge. En. March 11, 1872. Am'd. 1880, 116. TITLE VI. OF EVIDENCE IN PARTICULAR CASES, AND MISCELLANEOUS AND GENERAL PROVISIONS. Chapter I. Evidence in Particular Cases, §§ 2074-2079. II. Proceedings to Perpetuate Testimony, §§ 20832089. III. Administration of Oaths and Affirmations, §§ 2093-2097. IV. General Provisions, §§ 2101-2104. An offer in § 2074. An offer equivalent to payment. writing to pay a particular sum of money, or to deliver a written instrument or specific personal property, is, if not accepted, equivalent to the actual production and tender of the money, instrument, or property. En. March 11, 1872. Cal.Rep.Cit. 90, 585; 137, 382. Offer to compromise: Secs. 997, ante, 2078, post. Offer of performance: See Civ. Code, secs. 1485 et seq. § 2075. Whoever pays entitled to receipt. Whoever pays money, or delivers an instrument or property, is entitled to a receipt therefor from the person to whom the payment or delivery is made, and may demand a proper signature to such receipt as a condition of the payment or de. livery. En. March 11, 1872. Debtor entitled to: Civ. Code, sec. 1499. § 2076. Objections to tender must be specified. The person to whom a tender is made, must, at the time, speci |
