eral convenience demands it, or where it does not promote the administration of justice for which it was primarily designed. And proof that a And proof that a public officer has notoriously acted in that capacity has sometimes been received as prima facie evidence of his official character, without producing his commission or appointment.

SECTION 11. PRIMARY AND SECONDARY EVIDENCE DISTINGUISHED.

As already stated, primary evidence is that kind of proof which affords the greatest certainty of the fact in issue. All evidence falling short of this in degree of certainty is called "secondary evidence."

SECTION 12. WRITTEN INSTRUMENTS.

As applied in modern practice, the "best evidence rule" means little more than that the contents of a written instrument must be proved by the production of the written instrument itself, unless its absence is satisfactorily explained. The rule is not confined to matters which the law requires to be in writing, but extends to all writings, except notices, the contents of which may be proved by a copy, without accounting for the non-production of the original notice.

It is also a well established rule of law that no evidence will be received to alter, add to, or vary the terms of a written instrument.

SECTION 13. ORIGINAL DOCUMENT.

The best evidence rule also requires the introduction of the original document. If some legal excuse for non-compliance with this rule be not shown, its requirements will be strictly enforced; and no sub

stitute for the original will be received in evidence, unless some valid excuse appears for not producing the original.

SECTION 14. EXEMPLIFIED AND CERTIFIED COPIES.

The inconvenience of bringing public records into court, and their accessibility for comparison of copies, soon induced courts to adopt the practice of receiving duly exemplified copies thereof whenever it became necessary to prove them, and statutory enactments in the various states have prescribed the manner in which such copies may be obtained, certified and used. These statutes usually make the exemplified copy original evidence.

Duly certified copies of deeds required by law to be recorded may be received in evidence upon any showing which satisfies the mind of the court that the original deed is not within the power of the party to produce, and enactments in some of the states have made such certified copies receivable in evidence without producing the originals.

SECTION 15. EXCUSES FOR NOT PRODUCING PRIMARY EVIDENCE.

The theory upon which secondary evidence is made admissible is, that the primary evidence is not within the offerer's power to produce; so the law requires only the reasonable assurance that the better evidence is not suppressed. Should circumstances indicate that the original evidence is withheld by design, secondary evidence cannot be received.

But where the original instrument is lost, and diligent search has been made in the place where it is most likely to be found, or where it has been destroyed,

Vol. XI.-10.

without fault or design by the party offering secondary evidence, or where such original instrument is in the possession of the opposing party and notice has been served upon him to produce it, or where the primary evidence is inaccessible, then upon showing inability to procure the primary evidence, secondary evider.ce may be received.

CHAPTER III.

JUDICIAL NOTICE.

SECTION 16. DEFINITION.

Judicial notice is that cognizance of matters of common knowledge, such as historical, geographical and governmental facts, the general usages of business, etc., which judges and juries may, under the rules of legal procedure, properly take and act upon, without proof, because they already know them.

SECTION 17. THINGS JUDICIALLY NOTICED.

Upon request, courts will take judicial notice of the existence of recognized foreign governments, their flags and their seals of state, their public acts, decrees and judgments, exemplified under their seals of state; the law of nations; the general customs and usages of merchants; the seals of notaries public; the seals of foreign admiralty and maritime courts; matters of common knowledge of every person of ordinary understanding and intelligence; the salient facts concerning the bible and the beliefs of various religious denominations; of the computation of time; the coincidence of days of the week with days of the month; the time when the sun or moon rises or sets on a particular day or night, as shown by the almanac; the legal standard of weights, measures and values, as established by law, or in common use; scientific and medical facts universally conceded and of common knowledge; agreed facts and stipulations; facts once judicially known through former litigation; courts sitting in a

particular State have judicial knowledge of the boundaries of that State and of the United States; of the locations of its political divisions, such as counties, cities or villages, towns or townships; their boundaries, in so far as prescribed by public statutes; geographical facts of common knowledge; boundaries of states and territories wherein they are sitting; of great lakes and rivers and their navigability; locations of prominent mountains and mountain ranges; distance and time of travel between cities; main facts of history; general history of the State; the ordinary course of nature; the phenomena of human life, such as its length and limitation; articles in common use, such as tobacco; meaning of words, phrases and abbreviations; the written and unwritten law of the forum; law merchant; maritime law; of the form of government established by law, and of the executive and judicial officers thereof.

SECTION 18. EFFECT OF JUDICIAL NOTICE.

The effect of judicial notice is to dispense with the necessity of introducing evidence to prove the facts judicially noticed, and, upon request, the court will instruct the jury therein.