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want of, cannot be proved by father or mother; 180.

nor by their declarations after their deaths.

may be proved by circumstantial evidence. 11 *.

conviction of principal, how far evidence against. 229.

ACCOMPLICE. See tit. Principal.

in felony, a competent witness; 28. 29.

though promised a pardon or reward; 31.
or separately indicted, 31.
or convicted, if not attainted. Id.
act of, evidence against the rest, when. 74.
principal felon, witness against accessary. 31.
in misdemeanors, competent; 31.
in trespass. 31.

confirmatory evidence, how far necessary. 32.

dying declarations of. 201.

evidence under non assumpsit. 127.

in Court of Exchequer, on information. 258. See tit.

in criminal prosecution, not evidence to disprove the fact

in civil suits. 242.
by foreign court of competent jurisdiction. 252.
general acts. 219.
distinction of public and private, when first adopted.

taken notice of judicially. Id.

not given in evidence unless pleaded, when, Id.
statute of usury — in debt on bond; Id.

otherwise, in assumpsit. 221.
statute exempting from penalty evidence
under nil debet. Id.

proof of. 288.
private acts. 220.

not taken notice of judicially, unless pleaded; 220.


except, where recognized by public act,

or under special clause. Id. ,
proof of, by examined copy, 289.

public how proved 305.
how granted. 300.
letters of, proved by certificate, Id.

by original book of acts, Id.
examined copy. 301.


Sentence in court of, conclusive in questions of prize.
248. 249.

on all courts and persons. Id.
proof of. 296.
in foreign court of, conclusive evidence in this
country, when; 249. 250.

though founded on particu-
lar ordinances. 250.
conclusive, upon what points.

when condemnation is gene-
ral. Id.
when not conclusive, when
not admissible. 251.
ADMISSION. See tit. Confession, Answer in Chancery.
against interest; 191. 192.

entry by deceased steward, &c. charging himself. Id.
by agent. See tit. Agent.

by party to suit, evidence against him; 71. 72. &c.
on record, though merely trustee; Id.
interested, though not on record. Id.

of rated inhabitant, on question of settle-
ment; Id.

of party, for whose benefit the action is
brought. Id.

effect of. 78. 80.

of defendant, evidence against co-defendant, when; 44.

in action of covenant, Id.

of trespass, Id.
to get rid of an action ; 78. 79.
in criminal cases, not evidence
against others. 73. 74. 82.
of partner, evidence against co-partner, when, 73.

after determination of partnership. Id.
acts of party, amounting to. 171.
tenant cannot dispute his landlord's title. 171.
receipt of tythes, evidence of being parson, when. 171.
acts of ownership, acquiesced in. 132.

ADMISSION, (continued)

admission, in recital of deed, 79.

in answer in Chancery. Id.

whole of, to be taken together. 79.

action for,

confession of wife not evidence for husband. 64.
conversations between her and defendant, evi-
dence against defendant. 64.
manner of plaintiff's living with his wife may be
shewn; 64.

or, their letters, when living separate. 64.

several acts of adultery, may be proved, within
the time specified; 134.

or, indecent familiarities before the
time. 134.

wife's general bad character, in mitigation, 139.

or particular acts of adultery be/ore,

or that she made the first advance;

the plaintiff's crim. con. with other women. 139.

wife's letters to defendant, not evidence for de-
fendant. 64.

declaration at the time of eloping. 203.
AFFIRMATION. See tit. Quaker.

admission of, when evidence against principal; 74—78.
at the time of the contract, 74. 75.
within the scope of authority, 75. 77.
receipt by agent. 75.
letter of agent. 75. 56.
proof of admission. 74. 75.
of wife, as agent of husband. 69.
competent witness for principal; 94.
to prove a sale..Id.
who, such an agent. Id.
AGREEMENT. And see tit. Contract.

blank in, when to be supplied by parol evidence. 418.

for lease, when a present demise. 406.

consideration, when to be specified in memorandum of.

439- 44°-
discharged by parol, when. 444.

mistake in drawing of, when and how rectified. 458.

parol evidence not admissible to vary or contradict; 437.

as, to shew that a different quantity of goods was
contracted for; 438.

H h otherwise,

AGREEMENT, (continued)

otherwise, as to a variation in time Or .mode of
delivery. Id. 439.
declaration of auctioneer, not to vary conditions of
sale. 438. See tit. Evidence.
stamp not requisite, when. 405—409.
specific performance of. See tit. Specific.

remark on proof of. 230.

latent, explained by parol evidence; 410.

grant of manor of S., there being two of that

name; Id.
devise to two of the same name. 411.
mistake in devisee's name. Id.

in the description of the premises. 412.
in the name of the fund. Id.
.patent, in deed or will, not to be so explained; 416,417.
but the circumstances of the testator may b*

shewn to help the construction. 417.
blank in will; 418.

in written agreement, which need not be in
writing. 418.


in Chancery. See tit. Chancery.

ancient doctrine of. 29.

modern practice, in its stead. 30. See tit. Accomplice.
ARBITRATION, (See tit. Award.)

exhibited by wife against husband; 68.

affidavit contradicting, not to be received. 68.

how proved. 305.

evidence of first assault by plaintiff not admissible, under

general issue, except in mitigation. 129.
what the party says at the time of receiving the hurt,

when admissible. 203.
conviction for the same, not evidence in an action for

the assault. 241.
several actions for, against several, defendant in one

competent for a defendant in another. 37.
if defendant, under plea of son assault, prove the assault

on the same day, &c. plaintiff can not prove an assault

on another day. 165.
ASSUMPSIT, (See tit. Non-Assumpsit.)

delivery of goods, proved by shop-book, when. 195—199.
plaintiff may recover less than is demanded in the writ.


ASSUMPSIT, {continued)

one, who has received money for defendant's use, is
competent. 53.

not competent witness. 17.

of witness, for contempt. 4. 5.

of witness, at trial. See tit. Witness.

evidence of being. 312.

in action bv, for fees, contents of bill delivered proved
by duplicate original. 343.

bill delivered not conclusive against an addi-
tional item. 80.
not to reveal confidential communications of a client.
102—106. See tit. Counsel.

immaterial what. 158 — 160. See also, tit. Indictment.

evidence, when; and when conclusive; 235. 287.

between what parties. 179. 287.
between an occupier of land and a township, as to the

liability of repairing a road, not evidence against a

succeeding occupier. 179.
conclusive, on all matters referred, (whether of law or

fact;) 70.

not as to matters, not inquired into. 287. 288.
matter dehors, to shew the award void, cannot be proved

under plea of no such award. 141.
in action upon, submission and execution of award to b«

proved, 301.

submission of all parties. Id.


not competent witness for principal. 46.

evidence to prove transfer of stock. 312.

commissioners of, their proceedings. See tit. Commis-

competent, on proof of certificate and of release to as-
signees of his share in the surplus; 98.
general release sufficient. Id.
competent, after second bankruptcy, when. 51.98.
declarations by, at the time of absenting himself. 202.
incompetent to prove his own act of bankruptcy, 98.
to increase the fund; j 1.

H h 2 incom-

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