Hill, 1 Dru and War., 94, 111-133. See, too, Jenner v. Hinoh,
L. E. 5Prob. Div., 106.
[a] Barredai). Silabee, 21 How., 146, 169; SHU v. Huide-
kopers, 17 Wall., 384, 397; also cases cited in 3 Whar. Ev.,
sec. 923; McMaster v. Ins. Co. J!f. America, 55 N. Y., 323; 14
Am. R., 339; Coleman v. Pike Co., 83 Ala., 836; 8 Am. St. R.,
746 ; Bruce v. Roper Lumber Co. , 87 Va. , 381 ; 34 Am. St. R ., 657.
Chap. XII.] LAW OF EVIDENCE. 139

Illustrations.
(a) The question is, whether A, a pauper, is settled in the
parish of Cbeadle. A deed of conveyance to which A was a
party is produced, purporting to convey land to A for a valu-
able consideration. The parish appealing against the order
was allowed to call A as a witness to prove that no considera-
tion passed.'

(6) The question is, whether A obtained money from B
under false pretenses. The money was obtained as a premium
for executing a deed of partnership, which deed stated a con-
sideration other than the one which constituted the false pre-
tense. B may give evidence of the false pretense although
he executed the deed misstating the consideration for the
premium.^



'iJ. V. Oheadle, 3 B. and Ad., 833.
»iJ. V. Adamson, 2 Moody, 386.
140 A DIGEST OF THE [Paet III.
PART III.
PRODUOTIOK AND EFFECT
OF EVIDENCE.
CHAPTEE XIII.*
BURDEN OF PROOF.
Article 93.t

HE WHO AFFIEMS MUST PROVE.
Whoever desires any court to give judgment as
to any legal right or liability dependent on the exis-
tence or non-existence of facts which he asserts or
denies to exist, must prove that those facts do or do
not exist.' [a]

Aetiole 94.t

PRESUMPTION OF INNOCENCE.
