FOREIGN JUDGMENT,

not conclusive, 352.

when void, 353.

effect f, in evidence, 353.

FOREIGN STATE,

acts of, how proved, 402.

commercial regulations of, 402.

navigation laws of, 401, n.
treaties of, 402.

FORFEITURE,

FORGERY,

conviction renders incompetent, 28.

conviction, not conclusive as to time of offence, unless specially
found, 317.

party injured, incompetent, in prosecution for forgery, 121.
reason of the rule, 123.

incompetent to prove forgery, 123.

or other material fact, 123.

competent to prove a fact merely collateral, 122, n.

competent, if not debited by his banker, 122.

competent to prove a receipt forged, having recovered the mon-
ey from the prisoner, 122.

payee of bill, who was to pay a debt of the drawer by means
of the bill, competent to prove his name forged, 122.

maker of note competent to prove that he did not make it paya-
ble at his banker's when, 122.

supposed indorser not made competent by release from the
person to whom the bill was uttered, but who had not given
value for it, 135

drawer of bill or note competent, if his responsibility is not va-
ried by the alteration, 123, 135.

supposed maker of note, when made competent by release,

135.

supposed acceptor of bill, when made competent by release,

135.

drawer, when competent, in case of altering a genuine instru-
ment, 135.

prosecutor of forgery in power of attorney, competent, if power
not executed, 122.

proof of other forged instruments, in prisoner's possession, ad-
missible, 179.

person, whose name is forged, may prove the forgery in civil

actions, when the question arises collaterally, 123.

cashier of bank of England competent, 122.

proof of writing being forged, 224, 492, 493.

FORGERY-continued.

FRAUD,

by witness acquainted with the writing of supposed writer,

223.

by clerk of post-office, 493.

to disprove hand-writing, whether the supposed writer should
not be called, if competent, 223, 224.

forged instrument evidence, without stamp, 520.

forged seal, proved by seal-engravers, 291.

probate not conclusive as to will being true in criminal cases, 345.
dying declaration of attesting witness to a bond or note, as to its being
forged, 236.

conviction of, a cause of incompetency, 29.
judgment impeachable for fraud, 346.

who may impeach it, 346.

verdict obtained by, when vitiates a judgment, 331.

FRAUDS, (STATUTE OF.) See tit. Statute.

evidence of public acts, when, 407.

evidence of proclamations, public addresses, &c., 407.
not of presentations, or promotions, &c., 408.
of dissolution of partnership, when, 408.

of notice of bankruptcy, 408.

proclamation for reprisals, in Gazette, evidence of war,

408.

proclamation, reciting that outrages had been committed, and offering
rewards, evidence of such outrages, 408.

GENUINENESS-continued.

hand-writiog, 492.

opinion of inspector of franks, whether evidence, 493.

GOODS. See tit. Assumpsit, Sale.

GOSPEL,

written contract for the sale of, cannot be varied by parol evidence,
as to quantity to be delivered, 560.

swearing on, 24.

GOVERNMENT,

acts of, proved by the Gazette, 407.

acts of state of foreign government, how proved, 402.

GRAND JURY,

witness before, questioned as to what passed, 289.
member of, may prove finding of bill, 289, n.

GRANT. See tit. Deed.

ancient, explained by usage, 541.

custody of, to be shown, when, 479.

presumed from length of possession, when, 161.
co-extensive with the enjoyment, 165.

GUARANTEE,

GUARDIAN,

not necessarily presumed, when the possession can be otherwise
explained, 164.

entry in account by principal, when evidence against surety,

258.

not competent in action by infant, 59.

cannot release a witness, in a suit against a minor, 134.
answer of minor by, evidence against guardian, 362.
declarations of, not evidence against the minor, 89, 362.

HABEAS CORPUS,

ad testificandum, 5.

for witness in custody, 4, 5.

on ship-board, 5.

application for, 5.

suing, and service of, 5.

HAND-WRITING, (See Signature.)

proof of, by person acquainted with the supposed writer's style, 223,

493.

by one who has seen the person write, 484.

by one who has received letters from him, 486.

in the case of Algernon Sydney, 485.

in the case of the seven bishops, 489.

comparison, not allowed, 490.

rule in case of ancient writings, 491, 492.

memorandum to refresh witness's memory, as to hand-writing, 491.
forgery of, how proved, 224, 492. See tit. Forgery.

HAND-WRITING-continued.

evidence as to genuineness of hand-writing, 492.

opinion of frank inspector as to genuineness, when admissible,
493.

whether the supposed writer should be called, if competent to dis-
prove the writing, 223, 224,

HAWKER AND PEDLAR,

HEARSAY,

in action against, for penalties, the plaintiff is to prove the negative
averments, 195.

general rule as to, 229, 234.

1. Cases distinguishable from cases of hearsay.

1. Testimony of witness on former trial, when evidence, 230.
between the same parties, 231.

on same points at issue, 231.

the very words of such witness to be proved, 231.

2. Hearsay, part of res gesta, admissible, 231.

in case of trader absenting himself from home, to show motive
of absence, 231.

letter of payee to maker of note, contemporaneous with mak-
ing of note, to prove consideration, 232.

statement at time of making purchase, 232.

in receiving personal injury, 232.

of deceased person as to state of health, 233.

of persons in pari jure, admissible, 240, 247, 250.

to disprove the fact of marriage, 240.

complaint of woman in case of rape, when, and how far re-
ceived, 233.

in crim. con., declarations of wife, as to her intention, and pur-

pose in eloping, 234.

other examples in criminal cases, 234.

II. Exceptions to the general rule on the subject of hearsay,

234.

1. Dying declaration of person mortally wounded, 235.
admissible only, after all hope of recovery lost, 235.
of criminal, at the point of execution, inadmissible, 236.
of subscribing witness to a forged bond, admitted, 236.
evidence in case of murder, though a subsequent [state-

ment may have been made in writing, 237.

not evidence in other prosecutions, 237.
not evidence in civil cases, 236.

HEARSAY-continued.

2. Hearsay on question of pedigree, 238. See Pedigree.

declarations, papers, &c. in the family,' in Bibles, registry books,
recitals in family deeds, &c., when evidence, 239.

of deceased neighbors not evidence, 240.

of deceased parent as to time of birth, 240.

of deceased parent not evidence of place of birth, 241.

nor to prove want of access, 241.

of deceased persons, supposed to have been married, when

admitted, 240.

deceased surgeons, 241.

of deceased husband as to legitimacy of wife, 239.

of deceased person, as to having been relieved by parish, or hir-
ed for a year, not admissible, 241.

hearsay of relative, inadmissible, when he can be produced,

240.

declarations not admissible, if made post litem motam, 241.
depositions or answer in a former suit, not evidence against
a stranger, 247.

depositions in former suit, situations of parties when to be prov-
ed, 246.

when res inter alios acta, 247, n.

3. Hearsay on 'question of public rights, customs, boundaries, &c.,

248.

evidence of public rights, 248.

of right to tolls, 248.

of boundaries, customs, &c., 249.

such declarations ought to come from persons having no interest
to misrepresent, 249.

declarations before arbitrator, 246.

depositions in a former suit upon a different custom, when ad-
missible, 248.

tradition of a particular fact, not evidence, 250.

limitation of this rule, 250, 251.

common reputation not admissible on question of private right,

251.

not admissible to prove presentation, 253, n.

4. Old leases, rent-rolls, licenses, when admissible, 252.

on prescription affecting general right, 252.

on question of prescriptive right of fishing, 253.
entries of receipt of rent, 253-

survey, when admissible, 254.
counterparts of leases, 253.
licenses, 253.

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