AFFIRMATIVE

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AFFIRMATIVE

AFFIRMATIVE. Averring a fact to be true; that which is opposed to negative. (q.v.) 2. It is a general rule of evidence that the affirmative of the issuemust be proved. Bull. N. P. 298 ; Peake, Ev. 2. 3. But when the law requires a person to do an act, and the neglect ofit, will render him guilty and punishable, the negative must be proved,because every man is presumed to do his duty and in that case they whoaffirm he did not, must prove it. B. N. P. 298; 1 Roll. R. 83; Comb. 57; 3B.& P. 307; 1 Mass. R. 56.

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