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NEGATIVE. This word has several significations. 1. It is used in
contradistinction to giving assent; thus we say the president has put his
negative upon such a bill. Vide Veto. 2. It is also used in
contradistinction to affirmative; as, a negative does not always admit of
the simple and direct proof of which an affirmative is capable. When a party
affirms a negative in his pleadings, and without the establishment of which,
by evidence, he cannot recover or defend himself, the burden of the proof
lies upon him, and he must prove the negative. 8 Toull. n. 18. Vide 2 Gall.
Rep. 485; 1 McCord, R. 573; 11 John. R. 513; 19 John. R. 345; 1 Pick. R.
375; Gilb. Ev. 145; 1 Stark. Ev. 376; Bull. N. P. 298; 15 Vin. Ab. 540; Bac.
Ab. Pleas, &c. I.
202. Although as a general rule the affirmative of every issue must be proved, yet this rule ceases to operate the moment the presumption of law is thrown into the other scale. When the issue is on the legitimacy of a child, therefore, it is incumbent on the party asserting the illegitimacy to prove it. 2 Selw. N. P. 709. Vide Affirmative Innocence.