Interest

evidence, is the benefit which a person has in the matter about to be decided and which is in issue between the parties. By the term benefit is here understood some pecuniary or other advantage, which, if obtained, would increase his estate. This interest renders such person incompetent to be a witness in such a case. To disable a witness, his interest must be a legal, certain and immediate benefit in the cause or matter in issue, or in the record as an instrument of evidence. 1 Phil. Ev. 36; Stark. Ev. pt. 4, p. 744; and must have been acquired without fraud. 3 Camp. R. 380; 1 M.& 8.9; 1 T. R. 37. It must be a legal interest as contradistinguished from mere prejudice or bias, arising from relationship, friendship, or any of the numerous motives by which a witness may be supposed to be influenced. Leach, 154; 2 St. Tr. 334, 891; 2 Hawk. c. 46, s. 25. The interest must bea present, certatn, vested interest, and. not uncertain and contingent.- Doug. R. 134; 1 P. Wms. 287; 3 Serg. & Rawle, 132; 4 Binn. R. 83; 2 Yeates, R. 200; 5 Johns. R. 256; 7 Mass. R. 25. -The magattude of the interest 1s altomether immaterial. 5 T.R. 174; 2 Vern. R. 317; 2 Greenl. R. 194; 11 Johns. R. 57. To the general rule that interest renders a witness incompetent, there are some exceptions; Ist. When the witness is reduced to a state of neutrality by an equipoise of interest the objection to his testimony ceases. 7 T. R. 480, 481,n; 1 Bibb, R. 298; 2 Mass. R. 108; 2 Serg. & Rawle, 119.—2d. In some cases the law admits the testimony of one interested, from the extreme necessity prove the delivery of goods and the payment of money, without any release from the master. 4 T. R. 490; 2 Litt. R. 27. The objection to incompetency on the ground of interest may be removed by an extinguishment of that interest by means of a release, executed either by the witness or by those who have a claim upon him, or by payment. Stark. Ev. pt. 4, p. 757. See 5 Benth. Rationale Jur. Ev. 628-692, where he combats the establishe doctrines of the law.