Legal Term: BEST EVIDENCE

Definition: Means the best evideince of which the nature of the case admits, not the highest or strongest evidence which the nature of the thing to be proved admits of: e. g. a copy of a deed is not the best evidence, the deed itself is better. Gilb. Ev. 15, 3 Campb.. 236, 2 Starkey, 473 2 Campb. 605, 1 Esp. 127.

2. The rule requiring the best evidence to be produced, is to be understood of the best legal evidence. 2 Serg. & R. 34, 3 Bl. Com. 368, note 10, by Christian. It is relaxed in some cases, as, e. g. where the words or the act of the opposite party avow the fact to be proved. A tavern keepers sign avows his occupation, taking of tithes avows the clerical character, so, addressing one as The Reverend T. S." 2 Serg. & R. 440 1 Saund. on Plead. & Evid. 49.

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