OF THE EVIDENCE OF THE CIVIL STATE

TITLE III.—OF THE EVIDENCE OF THE CIVIL STATE. 223. After having examined how civil rights are acquired and lost, it is proper now to consider how the civil state is proved. This may be done by proof of possession, by witnesses, by private writings and by public registers. And this proof relates to the birth, marriage, or death of the individual. When written evidence exists as to the time and circumstances of the birth, marriage, or death of an individual, made by public authority, or a register such as is recognized by law, it must be produced as being the best evidence the case will admit, but, when such writ ten evidence does not exist, parol evidence may be given to establish those facts. 224. Proof of the birth of a child may be made by giving evidence of possession. When a child lives with his reputed father and mother, as such, proof of these facts will, in general, be sufficient prima facie to establish the fact of his legitimacy, and that he is what his condition represents him to be. His civil state may also be proved by the testimony of witnesses, as where the witness was present at the accouchement ; or by private writings, such as entries in a bible ; or by the correspondence of deceased members of his family, (a) It may also be established by public registers, authorized by law to be kept. (6) 225. The civil state of marriage is proved either by direct evidence, establishing the fact, or by evidence of collateral facts and circumstances, from which its existence may be inferred. What is evidence for this purpose will be more fully considered when we come to examine what are the sufficient proofs of a marriage. (c)


Institutes of American Law 1851