TRANSLATED FROM THE FRENCH,
•WITH AN INTRODUCTION, APPENDIX, AND NOTES,
ILLUSTRATIVE OF THE ENGLISH LAW ON THE SUBJECT.

By WILLIAM DAVID EVANS, Esc*.

BARRISTER AT LAW.

IN TWO VOLUMES.
VOL. IL

L ON DO DT:

PRINTED BT A. STRAHAH,
t AW rllVTlt TO THI Bias's MOST EXCELLENT MAJISTT:
FOR JOSEPH BUTTERWORTH, LAW-BOOKSELLER, FLEST-STREBT
AND J. COOKE, ORMOND-qUAY, DUBLIN.

l806.

p»g«.

Section 4. Of Public Evidence - - 151

5. Of Deeds - - - 164

6- Of Evidence of Hand Writing 18a

7. Of Writings inferior to Deeds 186

8. Of the Statute of Frauds - 191

8. (B) Of explaining Written Evi-

dence by Parol - - 203

9. Of the Examination of Witnesses 223

lo- Of Cafes in which two Witnesses

are necessary - - 270

II. Of hearsay Evidence - 283

,ia. Of the Competence of witnesses,

and of some particular Excep-

tions to Testimony - 398

13. Of Confession - > 319

14. Of Presumption - - 329

15. Of the Authority of Res Indi-

cata ... - 346

XVII. Of the Distinction between Law and Fact, and

the Effect of Usage upon the Law - 360

XVIII. Of Mistakes of Law

Part I. Preliminary Observations - 369

II. Dissertation on Mistakes of Law

by M. D'Aguesseau - 408

III. Translation of Vinnius on the Ques-
tion whether Money paid under

/ Mistakes of Law can be re-

claimed - - - 437

XIX. Selections from the Pleadings of D'Aguesseau

preceded by an analytical Account of their

Contents - - - '- - 447

APPENDIX

NUMBER. I. ".•*:•'.•• (Referred to, Vol. I. p. 28, 29.) / s" .

Of Illegality in Contrafts.

IN adverting more particularly 'to contracts which are void as being illegal in their nature, I shall not at present dwell upon those exceptions which are personal to the immediate parties to the contract, as being founded upon fraud, extortion, or any undue advantage taken by one party of the necessities of the other* but (dismissing such with the general remark, that the English courts of law and equity will, in every cafe attended with those circumstances, decide according to the great principles of universal justice,) shall proceed to some observations respecting contracts, the illegality of which is founded upon reasons of public utility and moral rectitude. Wherever an engagement is entered into with a view to contravene the general policy of the law, no form of expression can remove the substantial defect inherent in the nature of the transaction; the law will investigate the real object of the contracting parties, and if that is repugnant to the principles established for the general benefit of society, it will vitiate the most regular instrument which ingenuity can contrive.

This subject was most ably discussed by Lord Ch. J. Wilmot in the case of Collins v. Btatitern, 2 Wilf. 347. A bond in the usual form for payment of money was alleged to be given as an indemnity for a note entered into by the obligee for compounding a prosecution for perjury. In support of the bond it was contended that no averment should be admitted of its being given upon an illegal consideration not appearing on the face of it. In the course of his judgment the Chief Justice used the following expressions: "The manner of the transaction was to gild over and conceal the truth, and whenever courts of law fce such attempts made to conceal

Vol. II. B wicked