2.  The  seizure  of  a  horse  branded  "U.  S.,"  by  a  piilitary  officer,
as  the  property  of  the  United  States,  is  not  a  legal  eviction.
Plummer  v.  Newdigate,  2  Duv.  3.
3.  The  Government's  right  of  eminent  domain  is  not  such  a  title
paramount,  as  that  the  seizure  or  voluntary  enlistment  of  a  slave,
in  the  armj'  of  the  United  States,  without  compensation  to  the
owner,  will  be  a  legal  eviction  of  the  hirer.  Hughes  v.  Todd,  2
Duv.  190,  191.
EVIDENCE.
I.  Judicial  notice.
II.  Presumptions.
III.  Burden  of  proof.
IV.  Production  of  evidence.
V.  Best,  and  secondary  evidence.
VI.  Competency  of  evidence.
VII.  Documentary  evidence.
VIII.  Quantum,  and  effect  of,  evidence.
IX.  Proof  without  allegation.      See  Allegation  and  Proof.
X.  Evidence  in  criminal  prosecutions.
I.    JUDICIAL   NOTICE.
1.  Judicial  notice  may  be  taken  of  the  character  of  the  Ohio
river.     Thurman  v.  Morrison,  14  B.  Mon.  370.
2.  The  court  of  appeals  will  take  judicial  notice  of  an  act  of  the
legislature  creating  a  corporation,  if  it  was  relied  on  in  the  court


EVIDENCE.  213


below,  whether  it  was  embraced  in  the  bill  of  exceptions  or  not.
Lackey  v.  R.  &  L.  T.  B.  Go.,  17  B.  Mon.  47,  48.
3.  The  courts  will  take  judicial  notice  of  the  day  of  the  week,
on  a  given  day  in  the  month.     Wile  v.  Sweeney,  2  Duv.  162.
4.  The  courts  will  not  take  judicial  notice  of  a  regulation  of  the
United  States  Treasury  Department,  by  which  treasury  notes,
made  payable  to  a  disbursing  officer,  are  not  to  become  obligatory
on  the  Government  until  indorsed  by  him.  More  v.  Worthington,
2  Duv.  308.
II.    PRESUMPTIONS.
