BANKRUPT, (continued) incompetent to support the commission, even after cer- to prove antecedent act of bankruptcy. Id. petitioning, cannot support the commission. 52. enrolment of; 352. indorsement of, evidence of enrolment, when. of freehold interest; 352-355. copy of enrolment of. Id. of chattel interest; Id. copy of enrolment of, proof of deed against whom. BARON (Court), (See tit. Manor-Court.) rolls of; 315. ancient writings to prove custom; Id. BARRETRY, conviction of, cause of incompetency. 23. BASTARD, endeavour to conceal birth of, how and when punish- BASTARDY, (See tit. Legitimacy.) appeal against order of, BIGAMY, married woman competent to prove the crim. not to prove any other fact, as want of access, &c. Id. witness not compellable to acknowledge him- self the father. 206. in prosecution for, second wife competent after proof of exception in stat. of, where either party beyond sea for second marriage, after sentence of divorce or sentence of BILL OF EXCHANGE AND PROMISSORY NOTE. on a question, whether the acceptor gave au- acceptance vacated by sentence of foreign court, 252. acceptor BILL OF EXCHANGE AND PROMISSORY NOTE, acceptor (the defendant) to prove, that an indorsee indorser, whether competent to prove the consideration may prove the bill not available, for want of BILL, in Chancery. See tit. Chancery. BILL OF EXCEPTION, what, and by whom to be had. 214, 215. lies only, where writ of error lies. Id. BILL OF LADING, signed by deceased master, evidence of property in the BILL OF PARTICULARS, (See tit. Particular.) time of, proved by the declaration of deceased parent; 180. or by the declaration of surgeon who at- place of, cannot be so proved. 180. BLANK, BOND, parol evidence to supply, when. See tit. Evidence, and alteration of, rasure, &c. avoids when. 128. non est factum, evidence under. Id. private, of rector deceased, evidence of ecclesiastical dues. corporation. See tit. Corporation. tradesmen, when evidence of delivery of goods. notice to produce. 336. rule to produce. 337. Hh 3 public, 470 BOOK, (continued.) of bank, to prove transfer of stock. 312. of master's office in K. B. to prove a person attorney. 312. of navy-office, to prove death of a sailor. 312. for recording indentures of apprenticeship. to prove election to public office. 312. 313. logbook of ship, to prove time of sailing. 312. entry in, how proved. 320. day-book, not evidence to contradict parish-register, 314. BOUNDARY, of prison, evidence, when. 313. hearsay, evidence of. 182-184. BRIBERY, information on statute against, party bribed, competent witness. 31. BROKER, (See tit. Agent.) of policy, competent, though he has signed as under- BURGLARY, on indictment for burglary and for larceny, if no bur- prisoner may be acquitted of the burglary, and found BURNING in the hand, benefit of clergy without, when. 26. competency of witness restored by it; 25. proof of the burning. 26. other punishment, in lieu of. 25. BUSHEL, sale of corn by any but Winchester bushel, illegal. 432. C CAMDEN, history, whether evidence of a custom. 320. CARRIER, effect of payment of money into court, in action against. 144. 145. CER- CERTIFICATE, of ordinary, as to legality of marriage. 244. of English vice-consul abroad, not evidence of amount CHANCERY, decree, not made against defendant's answer contradicted evidence against whom, and of what. 262. proof of; 295. previous proceedings, when to be proved. of ancient decrees. 291. bill, when evidence and of what. 263. answer, evidence against the defendant; 264. 266. taken altogether, not in parts. 264. evidence for defendant, in issue on bill for disco- of defendant, not evidence against co-defendant. of minor, by guardian, not evidence against of occupier of land, evidence against a succeeding of partner, evidence of joint debt against co- not evidence of the partnership. 266. 267. proof of answer, 296. bill to be proved, to let in the answer. Id. on indictment for perjury, otherwise, Id. so, in action for malicious prosecution. depositions, evidence between what parties, and when; not evidence for deponent, though made with- out interest. 268. in question of pedigree, not evidence against a not evidence for or against a stranger; 268. &c. 269. after dismissal of bill, when evidence. 269. Hb 4 472 CHANCERY, (continued) depositions, de bene esse, not evidence before answer put in, 270. unless defendant in contempt, Id. order for reading, on trial at law. 270. 297. CHARACTER, bill and answer must be shewn, in general; 297. infamy of, when incapacitates a witness. 22. See tit. Witness. of party to suit, examinable, if put in issue. 139. in action to set aside a will, for fraud by de- nor in an information for keeping false weights. in action for malicious prosecution. of witness, may be impeached by general evidence; 212. not by the party producing him. Id. how supported, if attacked. 212. 213. of deceased subscribing witness to a will, given in evi- CHARTER, explained by usage, when. 419-421. presumed from length of possession. 119. not to be contradicted or varied by parol evidence. 432. CHILDREN, when competent witnesses. 14. 15, CHIROGRAPH, of fine, 292. CIRCUMSTANTIAL Evidence, 124 See tit. Presumption. CLERGY, |