Illustrations
The question is whether A has a right to a fishery. A deed conferring the fishery on
A's ancestors, a mortgage of the fishery by A's father, a subsequent grant of the fishery
by A's father, irreconcilable with mortgage, particular instances in which A's father
exercised the right, or in which the exercise of the right was stopped by A's neighbours
are relevant facts.
27. Facts showing existence of state of mind, or of body, or bodily feeling. Facts
showing the existence of any state of mind, such as intention, knowledge, good faith,
negligence, rashness, illwill or goodwill towards any particular person, or showing the
existence of any state of body or bodily feeling, are relevant, when the existence of any
such state of mind or body or bodily feeling is in issue or relevant.
Explanation 1.__ A fact relevant as showing the existence of a relevant state of mind
must show that the state of mind exists, not generally, but in reference to the particular
matter in question.
Explanation 2.__ But where, upon the trial of a person accused of an offence, the
previous commission by the accused of an offence is relevant within the meaning of this
Article, the previous conviction of such person shall also be a relevant fact.
Illustrations
(a) A is accused of receiving stolen goods knowing them to be stolen. It is proved
that he was in possession of a particular stolen article.
The fact that, at the same time, he was in possession of many other stolen
articles is relevant, as tending to show that he know each and all of the
articles of which he was in possession to be stolen.
(b) A is accused of fraudulently delivering to another person a counterfeit coin
which, at the time when he delivered it he knew to be counterfeit.
The fact that at the time of its delivery, A was possessed of a number of other
pieces of counterfeit coin is relevant.
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