INDEX. ACCESS, A want of, cannot be proved by father or mother; 180. may be proved by circumstantial evidence. 113. ACCESSARY, conviction of principal, how far evidence against. 229. 230. ACCOMPLICE. See tit. Principal. in felony, a competent witness; 28. 29. though promised a pardon or reward; 31. or convicted, if not attainted. Id. act of, evidence against the rest, when. 74. in trespass. 31. confirmatory evidence, how far necessary. 32. dying declarations of. 201. ACCORD AND SATISFACTION, evidence under non assumpsit. 127. ACQUITTAL, in Court of Exchequer, on information. 258. See tit. in criminal prosecution, not evidence to disprove the fact by foreign court of competent jurisdiction. 252. general acts. 219. distinction of public and private, when first adopted. 220. taken notice of judicially. Id. not given in evidence unless pleaded, when, Id. proof of. 288. private acts. 220. not taken notice of judicially, unless pleaded; 220. ACTS OF PARLIAMENT, (continued) except, where recognized by public act, proof of, by examined copy, 289. ADDRESS, public how proved 305. ADMINISTRATION, how granted. 300. letters of, proved by certificate, Id. ADMIRALTY, by original book of acts, Id. Sentence in court of, conclusive in questions of prize. 248. 249. when not conclusive, when ADMISSION. See tit. Confession, Answer in Chancery. against interest; 191. 192. entry by deceased steward, &c. charging himself. Id. by party to suit, evidence against him; 71. 72. &c. interested, though not on record. Id. of rated inhabitant, on question of settle- of party, for whose benefit the action is 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. 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. admission, ADMISSION, (continued) admission, in recital of deed, 79. confession of wife not evidence for husband. 64. manner of plaintiff's living with his wife may be or, their letters, when living separate. 64. several acts of adultery, may be proved, within or, indecent familiarities before the time. 134. wife's general bad character, in mitigation, 139. or that she made the first advance; 140. the plaintiff's crim. con. with other women. 139. wife's letters to defendant, not evidence for de- declaration at the time of eloping. 203. AGENT, admission of, when evidence against principal; 74-78. within the scope of authority, 75. 77. 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. Ià. who, such an agent. Id. AGREEMENT. And see tit. Contract. blank in, when to be supplied by parol evidence. 418. consideration, when to be specified in memorandum of. discharged by parol, when. 444. mistake in drawing of, when and how rectified. 458. 459. parol evidence not admissible to vary or contradict; 437• 441. as, to shew that a different quantity of goods was otherwise, AGREEMENT, (continued) ALIBI, otherwise, as to a variation in time or mode of declaration of auctioneer, not to vary conditions of stamp not requisite, when. 405-409. remark on proof of. 230. AMBIGUITY, 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. ANSWER, blank in will; 418. in written agreement, which need not be in in Chancery. See tit. Chancery. APPROVEMENT, ancient doctrine of. 29. modern practice, in its stead. 30. See tit. Accomplice. ARTICLES OF THE PEACE, exhibited by wife against husband; 68. affidavit contradicting, not to be received. 68. ARTICLES OF WAR, how proved. 305. ASSAULT, evidence of first assault by plaintiff not admissible, under what the party says at the time of receiving the hurt, conviction for the same, not evidence in an action for several actions for, against several, defendant in one if defendant, under plea of son assault, prove the assault ASSUMPSIT, (See tit. Non-Assumpsit.) delivery of goods, proved by shop-book, when. 195-199. 154. one, ASSUMPSIT, (continued) one, who has received money for defendant's use, is ATHEIST, not competent witness. 17. ATTACHMENT, of witness, for contempt. 4. 5• ATTENDANCE, of witness, at trial. See tit. Witness. evidence of being. 312. in action by, for fees, contents of bill delivered proved bill delivered not conclusive against an addi- tional item. 80. not to reveal confidential communications of a client. AVERMENT, immaterial what. 158-160. See also, tit. Indictment. AWARD, evidence, when; and when conclusive; 235. 287. between what parties. 179. 287. between an occupier of land and a township, as to the conclusive, on all matters referred, (whether of law or not as to matters, not inquired into. 287. 288. in action upon, submission and execution of award to be submission of all parties. Id. BAIL, B not competent witness for principal. 46. BANK-BOOK, evidence to prove transfer of stock. 312. BANKRUPT, commissioners of, their proceedings. See tit. Commis- sioners. competent, on proof of certificate and of release to as- general release sufficient. Id. competent, after second bankruptcy, when. 51.98. Hh 2 incom- |