AGENT-continued.

how far the act of an agent will affect a principal in criminal ca-
ses, 102.

of prosecutor, conduct of, how far examinable by the defendant in a prosecu-
tion, 103.

to discount a bill, 62.

for receiving money, 62.

admission by, when evidence against principal, 102.

at the time of the contract, 100, 101.

within the scope of authority, 101.
receipt by agent, 99.

letter of agent, 100.

by a clerk, 100.

proof of admission, 99.

of wife as agent of husband, 85.

proof of agency, 103.

by the admission of the principal, 104.

by the agent, 104.

by the affidavit of agent, used by principal, 104.
by showing general authority, 104.

declaration by person, referred to for information, 101.

by person employed to make certain propositions, 101.
by person employed as interpreter, 101.

competent witness for principal, when, 129.

to prove a sale, 129.

who an agent within the rule, 129.

a person, having bought goods in his own name, cannot prove that he
bought as agent for the defendant, 130.

when not competent, on ground of liability to costs, 62.

not competent to prove contract well executed, 56, 130.

books of, rule for production, 438.

parol evidence admissible to show agency in contract under statute

of frauds, 561.

in making a policy, 104.

of officer, communications to, 284.

of police, communications to, 285.

AGREEMENT. See tit. Assumpsit, Contract, and Statute of Frauds.

blank in, supplied by parol evidence, when, 540.

purporting to be a compromise, evidence, when, 108.

for lease, when a present demise, 526.

discharge by parol, when, 563.

mistake in drawing of, when and how rectified, 576.

within statute of frauds, parol evidence when admissible, 560, 562

parol evidence not allowed to vary or contradict, 559.

AGREEMENT-continued.

as, to show that a different quantity of goods was contracted for, 560.
otherwise, as to a variation in time or mode of delivery, 560.

declaration of auctioneer, not to vary conditions of sale, 660.

stamp, when requisite, when not 524.

requiring several stamps, 510.

unstamped copy of, evidence, 519.

for a house, and also for goods in it, to be stamped as a lease, 507.
articles of agreement, under seal, to be stamped as a deed, 506.
articles, by an auctioneer, 525.

for sale of growing crops, must be stamped, 529.

parol evidence of unstamped lost agreement, not admissible, 504.
part performance of, 575.

specific performance of, 567.

ALTERATION

of bill of exchange, requires a new stamp, when, 511, 512, 513, 516.
of policy of insurance, 513, 517.

as to time of sailing, 514.

property insured, 514.

warranty of sea-worthiness, 515.

of bill of sale of ship, 517.

to correct mistakes in instruments, with consent of all parties, does not re
quire a new stamp, 515.

latent, explained by parol evidence, 531.

grant of manor of S., when two of that name, 531.

devise to two of the same name, 532.

mistake in devisee's name, 532, 536.

in description of premises, 534.
in name of fund, 533.

patent, not explained by parol, 538.
uncertainty in devise, 538.

omission of name in will, 539.

surname without christian name, 539.

initial of surname only, 539.

omission in written agreements, &c., 540.

where writing not necessary, 540.

in bishop's register, 540.

in surrender of copyhold, 540.

evidence, when admissible to give effect to a will, 533.

with reference to the estate, 534.

with reference to the devisee, 536.

VOL. I.

74

ANCIENT WRITINGS,

proof of, 417, 418.

proof of custody, 479.

secondary evidence of, 459.

found amongst court rolls, evidence of customary descent, 417.
as to right of common, 418.

though not proved to be signed by majority of copy-holders, 418.

or by person under whom the parties claim, 419.

usage, when admissible to explain, 540.

will proof of, 503.

ANCIENT DEMESNE,

recovery of lands in, 386.

ANNUITY-DEED,

memorial of, proved by copy of enrolment, 464. n.

ANSWER IN CHANC ERY,

evidence against the defendant, 359.

evidence for him, if produced by the other party, how far, 360.

hearsay evidence in, not admissible, 360.

identity of the party to be proved, 394.

when used as admission, or to contradict, 393.

to be taken altogether, not in parts, 359.

but not all equally credible, 360.

when to prove incompetency of witness, whole not to be read, 359.
examined copy of the answer sufficient, 361.

though not signed, 361.

and no decree passed, 361.

unless in indictment for perjury, or action for malicious prosecu-
tion, 361.

of defendant, not evidence against co-defendant, 362.

of minor, by guardian, not evidence against him, 362.

of occupier of land, evidence against a succeeding occupier, in tithe cause, 361.

of partner, evidence of joint debt against co-partner, 362.

not evidence of the partnership, 362.

of wife, whether evidence against her, after husband's death, 362.

proof of answer, 393.

proof of swearing, 394.

swearing of answer presumed, when, 393, 394.

not on indictment for perjury, 394.

presumed in actions for malicious prosecution, 894.

examined copy, with proof of identity, 394.

proof of bill necessary, if to be found, 393.

proof of property found in possession of prisoner, 170.

charged to have been committed in the night-time, may be proved to have

been in the day-time, 207.

ARTICLES OF THE CHURCH,

proof of the signature of, by parson in action for tithes, not necessary,

first instance, 195.

ARTICLES OF THE PEACE,

exhibited by wife against husband, 85.

affidavit contradicting, not to be received, 85.

ARTICLES OF WAR,

proved by the Gazette, 407.

ASSAULT. See tit. Trespass.

in the

what the party said at the time of receiving the hurt, when admissible,

232.

conviction, before a magistrate on the information of injured party, not evi-
dence in an action brought by same party, 339.

ASSAULT-continued.

plea of guilty to indictment, whether evidence, 838.

several actions against several,—defendant in one, competent for defendant
in another, 47.

if defendant, under plea of son assault, prove the assault on the same
day, &c., plaintiff cannot prove the assault on another day, 215.

indictment for, with intent to commit a rape-proof of woman's character,
how far admissible, 176.

ASSIGNEES OF BAKRUPT,

solicitor to commission, when not compellable to produce proceedings,

142.

ASSIGNMENT,

of lease,

admission of, 228.

of judgment,

examined copy of memorial, evidence, 389. n.

of apprentice, agreement for requires a stamp, 527.

ASSOCIATE,

accomplice. See tit. Accomplice.

informer. See tit. Informer.

ASSUMPSIT. See tit. Agreement, non Assumpsit, &c.

for sale of goods,

how much of the contract to be stated, 207.

shop-book, when evidence of delivery of goods, 263.

on proof of sale to defendant and third person, that person is not competent
for defendant to disprove such sale, 59.

captain of ship, competent to prove his receipt of money for the use of the
defendant (ship-owner,) 66.

receiver of money for the defendant's use, competent, 66.

of witness at trial, mode of compelling, 2.

witness abroad, or going abroad, may be examined on interrogatories,
when, 14.

witness

15.

resident in India, or abroad, evidence of how procured,

inability to attend, from sickness, a ground for putting off trial, 16, 17.