The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1885-01-30

with the recovery or acquisition Of this |
power; Wheat 453; 10 Johns, 362. And so
a lunatic in a4ucid interval may testify; 1
Greenl. Ev., sec. 365. Persons deaf and
dumb from their birth are presumed to come
within this principle of exclusion until the
contrary be shown; 1 Greenl. on Ev., sec.
$3.50; IA Mass, POI; 3 C. & P, 127. A wit
ness unable to speak or hear is not incompe-
tent, but may give his evidence by writing
or by signs, or in any other manner in which
he can make it ineligible; Steph. Ev., Art.
1O7; IL Cush., Az A person in state of
intoxication cannot be admitted as a wit
ness; Is S. & R.. 235; Ray Med. Jur., C. p,
sec. 300. Deficiency of perception must go
to the incapacity Of perceiving the matter |
in dispute, in order to operate as an exclu- |
sion, hence blind man can testify to what |
he has heard, and deaf man to what he |
has seen; Wharf. Ev., sec. 4O1.
RELIGIOUS SENTIMENT OR BELIEF. 1t is
r9ckoned sufficient qualification in this par
ticuler if one believe in God, and that he
will re ward and punish US according to cur
deserts. 1t is enough to believe that such
punishment visits us in this world only;
GreenI. Ev., sec. 1853; Mass, 10; 26 Penna.,
274: Swan. IA; IS Ohio, 121; Conn.,, sc.
It matters not, as far as mere competency is
concerned, that witness should believe in
one God, or in one God rather than another,
or should hold any particular form of re-
ligious belief, provided only that he brings
himself within the rule above laid down,
and, therefore, the oath may be administered
in any form whatever, and with any cere-
monies whatever, that will bind the con-
science of the witness; Greenl. Ey., sec.
81; SIN. Lead, cases, 739.
INCOMPETENT WITNEssEs.-Whe a man is
guilty of an offence which is inconsistent
with the common principles of honesty, the
law considers his oath to be of no weight;
and excludes his testimony as of too doubt
| full and suspicious nature to be admitted
in a court of justice to deprive another OF
life, liberty or property. Glib. Ev. 256;
| Phil. Ev. %.
The crimes which atcommon law render
a person incompetent, are treason; mod.
16, IA; felony, 2 Co. Lit. 6, T Raym, 1896;
receiving stolen goods; z Metc. 500; all Of
fences founded in fraud, and which come
within the general notion of the cTifaen
fdlsi of the Roman law; Leach 1876; such as
perjury and forgery; Co. Lit. 6; piracy, 2
Rolle Alb. 1856; swindling, cheating, Fost.
2O9; barratry, Q Salk. geo; conspiracy, 1
| Leach, 442; extortion, Bl. Com. IA; 1
Russ on Or. LA; Matchmaking, i. e. ''extort-
ing money by threats, or by operating upon
the fears, feelings; or the credulity, or by
promises to conceal. or offers to expose the
real imaginary, supposed or pretended fol-
lies, crimes, or weaknesses of the victim. II
Abb. pr. 226; Bow. Law Die. PSI.
eff the subscribing witnesses to a
will are competent at the time of at
testing it's execution, their subse-
quent incompetency, from whatever
cause it may arise, shall not prevent
the probate and allowance of the will,
if it be otherwise satisfactorily
proved" Civil Code, 1882, 40.
"An beneficial devises, legacies
and gifts whatever, made or given il
any will to a subscribing witness
thereto shall be void, unless there are
two other competent subscribing wit
nesses to the same; but a mere chargt
on the estate of the testatOr for the
payment of debts, shall not prevent
his creditors from being competent
witnesses to the will" Ib.
"But if such witnesses, to whom
any beneficial devise, legacy, or gift
is made or given, would have been
entitled to any share of the estate o.
the testator, in case the will had moi
been established, then so much of the
. share as would have descended OF
been distributed to such witness az
will not exceed the devise or bequest
. made to him in the will, shall be
saved to bin, and he may recover
the same of the devisees or legatee:
named in the will, in proportion tC
and out of all the parts devised or be
queathed to them" rIb.
every devise, purporting to be s
devise of all the real or personal es
tate of the testator, shall be construed
, to convey all the real or personal es
tate belonging to him at the time o
decease, unless it shall clearly appear
. by the will that he intended other
wise" ID. $50.
, Written wills can only be revoked
First-By burning, tearing, or oblit
Grating the same, with the intention
; of revoking it, by the testator or By
some person in his presence, and un
der his direction, or by some othe
will in writing according to law
Secondly the testator, after max
ing will, marrying and having
child born to him, and no provision
in the will for such contingency
Third-A will by an unmarried wo
man, on her subsequent marriage
and the will is not revived by tn
death of her husband" ID.
e "CANCELLING - and g OBLITERATING a." ar
v considered equivocal acts which, in order t
s operate as a revocation, must be done wit
' an intention to revoke. The presumption {
: law is, that such acts are done amino rerC
g cGndt but this presumption may be It
. PEELED by showing that the dninlUs did nc
: exist when the act was done. 1 Will Elk
j, 70 to rs YES, 742; Wend., 173.
i If the testator has torn off or efaced hi
9 seal and signature at the end of the will,
= will be presumed to have been done amin