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Snaith v. Mingay
Snead v. Robinson
Snow v. Philips
Snowdon v. Smith
Some v. Taylor
Somerset (Duke of)
• France

Southampton (Mayor of)

v. Graves Spalding v. Mure Sparin v. Drax Sparry's case Spence v. Stuart

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Swire v. Bell 362. 363

Sydenham v. Rand 4 Symonds v. Knox 163

Talbot v. Villeboys 330 Tanner v. Taylor 209 Taylor v. Cole 263

v. Hague 389

,. Royal Exchange

Spenceley v. Schullenberg 105

v. De Willott 210

Spencer v. Golding 95 Spieres v. Parser 150 Sponsenby's case 89 Stafford (Ld.)'s case 279 Stainer v. Burg, of Droit

wich 320 Stammers v. Dixon 421 Standen v. Standen 418 Stanley (Sir T.) v. White 132.

194

Stead v. Heaton 192 Stephens v. Crichton 11

Stevens v. Moss 180 Stone v. Bale 429 Stonehouse v. Evelyn 381 Stoytes v. Pearson 128

Stretch v. Wheeler 5 Strickland v. Ward 260 Stump v. Ayliffe 304 Sturdy v. Andrews 3. 4

Surtees v. Hubbard 342 Sutton v. Bishop 24

—1 v. Buck 118

Swan's case 278 Swendson's case 67 Swinnerton v. Marquis of Stafford 318

Company v. Scott

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Taylor's case
Tempest v. Rawling
Terry v. Huntington
Tewkesbury (Bailiff,

of) v. Bricknell
Thanet (Ld.) v. Paterson
Thatcher's case
Theobold v. Tregott
Thomas's case
Thomas v. Fraser

v. Thomas

Thompson's case
Thompson and Wife v.

Trevannion 181.
Thornton v. Lyster
Thornton v. Royal Exch.

Assurance Company Thurle v. Madison Thurston v. Slatford 214. Thwaites v. Richardson Tiley v. Cowling Tilly's case Tinkler's case Tinkler v. Walpole Tinney v. Tinney Tisdale v. Essex (SirWm.) 407 Title v. Grevet 206 Tompson v. Smith 248 Tong's case 31.82.276 Took's case 138 Tooker v. Beaufort (D.) 282 Toole v. Medlicott Totty v. Nesbitt Towers v. Moore

v. Osborne (Sir J.) 408

Townsend v. Jves 378 Townsend

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Townsend (Marquis) v.

Stangroom 450. 453. 455 Trelawnay v. Thomas 47 Trowel v. Castle 295 Tuckey v. Flower 321 Tuffhell v. Page 375 Turner v. Crisp 117

v. Eyles 158. 164

v. Gethin 329

v. Peart 96. 205

Tyley v. Cowling 232 Tyte v. Jones 386

U

Uhde v. Walters 433

Uncle v. Watson 182.194

Underhill v. Durham 304

Usher's case 89

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Warriner v. (jiles
Warrington v. Feubor
Warwick (Lord)'s

25. 26

v. Bruce 409

Warwickshall's case 81. 83

i43 271 160 190 397

Watkins v. Towers
Watt's case 88. 89

Weall v. King
Webb v. Petts
Webber v. Maddocks
Weeks v. Sparke 182.189.190
Welborn's case 201
Welch v. Richards 326
Weld v. Hornby 420
Wellerv. FoundlingHospit. 57
Well's case 89
Westbeech v. Kennedy 381
Westbeer's case 28. 277

West (Dr.)'scase 331- 33*
Weston v. Ernes 433
Wetherston v. Edgington 344
Wharam v. Routledge 212
Whateley v. Menheim and

Levy Wheeler v. Lowth Wheeling's case Whelpdale's case Whitbread v. May Whitcombe v. Whiting Whitlocke v. Baker Whitewell v. Dimsdale Whitwell v. Bennett White's case White v. Cuyler —— ». Parkin

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290 291

Woodcraft v. Kinaston
Woodnas v. Mason
Woodnoth v. Cobham

(Ld.) 185
Woodward's case 118
Woollam v. Hearn 450. 455
Woollet v. Roberts 263
Worsley v. Filisker 217
Wright d. Clymer V. Lit-
tler 20J
1 v. Pindar 216

v. Wakeford 358

Wrottesley v. Bendish and

Wife 267 Wyatt v. Wilkinson 51 Wych v. Meal 266 Wyndham v. Lord Wycombe 140 v. Chetwynd 97.376

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A

T R E A T I S E

ON THB

LAW OF EVIDENCE.

PART THE FIRST.

THE arrangement, which has been adopted in the Pkntfthe following Treatise, is that which appeared the most Wl" simple and perspicuous. The work consists of two parts; the former, relating to parol or unwritten evidence; the latter, to written evidence. The subject of the first chapter is the method of compelling the attendance of witnesses for the purpose of being examined; and the five succeeding chapters treat of the causes, which render witnesses incompetent. In these, the writer has inquired into the several objections to witnesses, arising from want of reason or understanding, from defect of religious principle, from conviction of certain crimes or from infamy of character, from interest, and lastly that arising from the relation which subsists between a client and his counsel or his solicitor. After ascertaining whether the witness is competent to give evidence, the next question, that arises, is, what evidence ought to be given, and how the witness ought to be examined. The seventh chapter, therefore, treats of the general nature of proofs; and the eighth, of the regular mode of examining a witness. And the first

B part

part then concludes with an inquiry into bills of exception and demurrers to evidence.

The second part, which relates to written evidence, treats of records, of the admissibility of verdicts, and judgments, and other judicial proceedings, and of the manner in which they are to be regularly proved. Public writings, not of a judicial nature, and the inspection of such writings, are next considered; after which, follows an inquiry into the proof of private writings, the requisite of stamps on written instruments; and, lastly, into the admissibility of parol evidence by which written instruments may be explained or varied.

CHAP. I. On the Attendance of Witnesses. AttM&nee TP HE process, which courts of law have instituted for

Ui civil case. JL r

the purpose of compelling the attendance of witnesses, is by the writ of subpoena ad testificandum. This writ commands the witness to appear at the trial to testify what he knows in the cause, under the penalty of i ool. to be forfeited to the king. And the stat. 5 Eliz. c. 9. s. 12. gives an additional remedy by enacting, that, " if any person (upon whom any process out of a court of record shall be served, to "testify concerning any cause or matter depending there, and having tendered to him according to his countenance or calling such reasonable sum of money for his costs and charges, as with regard to the distance of the place is necessary to be allowed,) do not appear according to the tenor of the process, not having a lawful and reasonable cause to the contrary; he shall forfeit for every such offence iol., and yield such further recompence to the party grieved, as by the discretion of the judge of the court, out of which the process issues, shall be awarded."

No

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