by his claim.
Section
Testimony based on other testimony is accepted only in cases for which a judge’s written order to another judge would be admissible, and it is acted upon only when the original witnesses are unavailable because of death, illness, or travel beyond the distance at which the prayers may be shortened.
A secondary witness may testify only when the primary witness has expressly charged him,1 saying, “Bear witness to my testimony concerning such-and-such,” or when the secondary has heard the primary acknowledge it,2 or has heard him link it to a specific cause such as a loan, sale, or the like.
If witnesses in a property case withdraw their testimony after judgment has been rendered, the judgment is not overturned, but they are liable3 for the amount—excluding the one who vouched for their integrity.4 If judgment was issued on the basis of a single witness together with the claimant’s oath, and that witness then recants, he must pay the whole amount himself.