TRUSTEE-continued.

writings in possession of party as a trustee-rule for producing,
436.

TURK

may be a witness, 23.

how sworn, 23.

U.

UNDER-SHERIFF. See tit. Sheriff,

proof of appointment of, from acting, 226.

declarations by, when evidence against the sheriff, 106.

UNDERSTANDING,

defect of, objection to witness, when, 18.

UNDER-TENANT-

may prove good management of land, 49.

UNDERWRITER

competent for another underwriter, on the same policy, 48.
after payment of Loss, conditionally, when incompetent, 64, 138.

UNLAWFUL ASSEMBLY,

conspiracy in collecting-what facts material to be proved, what im-
material, 180.

USAGE. See Possession, Adverse Possession.

presumption of grant from, 161.

when evidence of right to easements, 163.

when admissible to explain ancient charters, 540.
to explain act of parliament, 541.
to explain mercantile contracts, 556.
to explain private deeds, 542, 543.

to explain policy of insurance, 557.

not allowed to contradict a policy, 557.

USE AND OCCUPATION,

USURY,

UTTERING,

VOL. 1.

written agreement as to holding unstamped, cannot be supplied by

parol evidence, 504.

parol evidence to supply terms of agreement, 559.
of terms of tenancy, 221.

in action for penalties, the borrower competent, 51.

evidence of other usurious contracts not admissible, 273.

may be given in evidence under non assumpsit, 319.
not in debt on bond, unless pleaded 319.

indictment for uttering forged notes or bad money-proof of other ut-
terings, evidence of prisoner's knowledge, 179.

remark on such evidence, 179.

87

V.

VALOR

beneficiorum, 404.

VARIANCE,

VENDOR

VENUE,

in action against sheriff, omission of wife in stating writ of execution
201.

in action for defamation, 201.

in proof of contract, 207.

in action of assumpsit,-in action of tort, when contract necessary to

be stated, 208.

contract in the alternative, 208.

how much of contract to be stated, 209.

when all the parties to the contract are not sued, 209.

when all parties to the contract do not sue, 210.

when all parties in action of tort not joined, 210.

in proof of prescription, 210.

possessory right of common, 211.
evidence of more ample right, 211.

in proof of deed, 211.

deed stated in substance, 212.

in proof of record, 212.

when record only described, 213.

when its substance set out, 214.

in matters of description, 212.

in matters of substance, 213.

in direction of bill, 213.

in proof of time, 214.

in date of acquittal, 214.

in date of judgment, 214.

in proof of place, 215.

in place in criminal matters, 217.

in place of venue, 216.

in assumpsit, it is no variance, that others besides the defendant are
parties to the contract, 209.

but if others ought to join as parties in the action, the defendant may
take advantage of it, on non assumpsit, 210.

in action of tort, it is not a variance to show that others ought to have
joined in suing, 210.

of goods, when competent, 49.

competent to prove title of vendee, when, 48.

when the place is only for venue, a variance in the place proved not
material, 216.

on indictment for felony at a certain place, if there is no such place
in the county, 217.

VERDICT. See tit. Judgment.

admissible in evidence, when, 321.

1. considered with reference to the parties, 320.
with reference to the subject matter, 330.

conclusive between same parties, when, 322.
effect of, as evidence, 322.

to be conclusive must be pleaded, 322.

who the same parties, 323.

evidence against one of several partners, when, 323.

who the real parties, 324.

in ejectment, 324.

in trespass, 324.

evidence between privies to the first suit, 324.

privy in blood, 324.

privy in estate, 325.

privy in law, 325.

decree between vicar and impropriator evidence be-

tween their successors, 325.

verdict between vicar and occupier, 325.

judgment for schoolmaster of hospital evidence for suc-
cessor, 325.

judgment of ouster in quo warranto, 325.

not evidence against a stranger, 326.

not evidence for a stranger, when, 326.

evidence as to damages recovered, 326.

evidence between third persons, when, 327.
verdict as to customs, tolls, &c., 327.
judgment of courts of exclusive jurisdiction, 328.
judgment of quarter sessions in appeals, 329.

convictions, 331.

judgment, evidence by way of inducement, 332.

special verdict, stating a pedigree, whether evidence
between third persons, 328.

verdict in action for negligence of servant, is evidence
in action by the master against the servant, 326.

2 considered with reference to the subject-matter, 333.
verdict in trover, a bar to an action for money had and
received, 333.

in trespass, bar in trover, 333.

in debt, bar in assumpsit, 333.

in trespass, estoppel as to what, 335.

in ejectment, proves nothing beyond the day of demise,
336.

criterion for determining whether the cause of action the same,

333.

VERDICT-continued.

VESTRY-BOOK

VICAR,

VICARAGE,

if any evidence at all given on particular count, the verdict and
judgment will be a bar, 334.

where plaintiff in first action failed from defect of pleading, 334.
or gave no evidence of the demand, 334.

verdict final only as to its proper purpose, 334, 335.

in action for nuisance not conclusive as to the right, 334.

in ejectment, not conclusive, as to title in another ejectment,
336.

in criminal case, when evidence in civil, 336.

evidence that the verdict was entered by mistake, not admissible,
316.

in debt on award, and "no such award" pleaded, the jury can-
not find the award void by matter dehors, 170.
proof of verdict, 389.

nisi prius record with postea, evidence of trial, 399.
proof of verdict and damages, 389.

on issue out of Chancery, decree to be shown, 389.

of parish, when evidence, 414.

containing evidence of election, 414.

entry in, as to right to a pew, 414. See tit. Parish.

books of deceased, when evidence, 260.
proper custody of, 260. (3.)

endowment of, when presumed, 162.

secondary evidence of, 459

VICE-CONSUL,

certificate of, abroad, 381.

VIDELICET,

effect of, in pleading, 213, n.

VISITATION-BOOKS,

of heralds, 421.

VISITOR,

sentence of, conclusive, 356.

VOIR DIRE,

examination on, as to interest, 131.

form of swearing, 22.

religious opinions, 24.

contents of deeds and writings, 132.

objection, arising on, may be removed on the same, 132.

how removed by independent proof, 133.

WAGER,

W

WAGES,

WAR,

WARRANT

in action for, one who lays a similar wager is competent, 137.
on event of prosecution, will not make witness incompetent, 139.

agreement for, when not necessary to be stamped, 530.
in action for, by seamen, the contract to be produced by the defend-

ant, 437.

this rule confined to voyages on board of British ships, 437, n.
the captain must produce the articles without notice, if he
has any objection upon them, 443.

articles of, how proved, 407.

proclamations for reprisals in Gazette, evidence of, 407.

notoriety of, sufficient proof, 407, n.

declaration of, by foreign government, evidence of commencement of
hostilities, 407, n.

of commissioners of bankrupt to bring witness before them, 13.

WARRANTY,

WASTE,

action in tort for breach of warranty of goods-plaintiff need not
prove that defendant knew the goods to be in an unfit state, though
so averred, 207.

the substantive parts of the warranty to be stated and proved,
208, 209.

of horse, contained in receipt for the price, need not be stamped, 528

action for, 201.

averment of, requisite proof of, 201.

WAY. See tit. Road.

public right of,

hearsay evidence of, 248, 249.

verdict, evidence, though between other parties, 328.

private right of,

hearsay, whether evidence of, 328.

usage, evidence of, 163, 164.

extent of right limited by the usage, 165.

use of way for carriages, evidence of a grant of drift-way,

165.

WIFE. See tit. Husband and Wife.

answer of to bill, whether evidence against herself after husband's
death, 362.