Section 44Chapter II
or gives opinion as to public right or custom, or matters of general interest;
STATEMENTS BY PERSONS WHO CANNOT BE CALLED AS WITNESSES
(4)
When the statement gives the opinion of any such person as to the existence of any public right or custom or matter of public or general interest, of the existence of which, if it existed, he would have been likely to be aware, and when such statement was made before any controversy as to such right, custom or matter has arisen.