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BANKRUPT, (continued)

incompetent to support the commission, even after cer-
tificate and release; 51.
to prove antecedent act of bankruptcy. Id-
creditor of, not competent to increase the fund. 51.
may support the commission. 52.
petitioning, cannot support the commission. 52.
wife of, mav be examined as to his effects. 69.
BARGAIN AND SALE,
enrolment of; 352.

indorsement of, evidence of enrolment, whec.
292. 352.
of freehold mterest; 352—355.

copy of enrolment of. Id.
of chattel interest; Id.

copy of enrolment of, proof of deed against whom.

355-

BARON (Court), (See tit. Manor-Court.)
rolls of; 315.

ancient writings to prove custom; Id.
though not signed by a tenant. Id.
inspection of. 329.
BARRETRY,

conviction of, cause of incompetency. 23.
BASTARD,

endeavour to conceal birth of, how and when punish-
able. 126.
BASTARDY, (See tit. Legitimacy.)
appeal against order of,

married woman competent to prove the crim.
con.; 69, 70.

not to prove any other fact, as
want of access, &c. Id.
witness not compellable to acknowledge him-
self the father. 206.

BIGAMY,

in prosecution for, second wife competent after proof of

first marriage; 68. v
exception in stat. of, where either party beyond sea for

seven years, &c. 152.
second marriage, after sentence of divorce or sentence of
nullity, not within the statute. 247.
BILL OF EXCHANGE AND PROMISSORY NOTE.

acceptor may shew want of authority in the drawer to
draw the bill. 54.

on a question, whether the acceptor gave au-
thority to the drawer to draw a particular
hill, a neucral authority for that purpose may
be shewn. 133.
acceptance vacated by sentence of foreign court, 35a.
drawer of accommodation bill aot competent For the

acceptor

BILL OF EXCHANGE AND PROMISSORY NOTE,
(continued)

acceptor (the defendant) to prove, that an indorsee
(the plaintiff) took the bill for an usurious consider-
ation. 46.

indorser, whether competent to prove the consideration
usurious; 33.

may prove the bill not available, for want of
stamp. Id.
BILL, in Chancery. See tit. Chancery.
BILL OF EXCEPTION,

what, and by whom to be had. 214, 215.
on trial at bar, or at nisi prius. 214.
whether in criminal cases. 215.
not at quarter sessions. Id.
lies only, where writ of error lies. Id.
BILL OF LADING,

signed by deceased master, evidence of property in the
consignee. 192.
BILL OF PARTICULARS, (See tit. Particular.)
BIRTH,

time of, proved by the declaration of deceased parent;
180.

or by the declaration of surgeon who at-
tended. 181.
place of, cannot be so proved. 180.
BLANK,

parol evidence to supply, when. See tit. Evidence, and
tit. Ambiguity.

BOND,

alteration of, rasure, &c. avoids when. 128.
non est factum, evidence under. Id.
solvit ad diem,

presumptive evidence of payment, after 20 years,
114.

when, within that
time; Id.

rebutted by proof of payment of in-
terest, Id.

by indorsement by obligor,
by obligee. Id.

BOOK,

private,

of rector deceased, evidence of ecclesiastical dues.
184. 187.

corporation. See tit. Corporation.
tradesmen, when evidence of delivery of goods.
195—190.
notice to produce. 336.
rule to produce. 337.

H h 3 public,

BOOK, (continued.)
public,

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.
of parish, for copies of rates. 311.

for recording indentures of apprenticeship.
312.

to prove election to public office. 312. 313.
of prison, to prove time of commitment; 313.

not to prove the cause. Id.
. logbook of ship, to prove time of sailing. 312.
inspection of. 328.
entry in, how proved. 320.

day-book, not evidence to contradict parish-register,
of prison, evidence, when. 313.

BOUNDARY,

hearsay, evidence of. 182—184.
perambulations, evidence of. 183.
BRIBERY,

information on statute against,

party bribed, competent witness. 31.
promissory note given for bribe, evidence
though unstamped. 399.
BROKER, (See tit. Agent.)

of policy, competent, though he has signed as under-
writer. 37. 38. 100.
BURGLARY,

on indictment for burglary and for larceny, if no bur-
glary proved nor larceny proved at the time of the
supposed burglary, evidence of a larceny on a former
day not admissible. 136.
prisoner may be acquitted of the burglary, and found
guilty of the larceny. 156.
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
of sale of goods. 288.
CHANCERY,

decree, not made against defendant's answer contradicted
by a single witness. 60. 110.

evidence against whom, and of what. 262.
proof of; 295.

previous proceedings, when to be proved.
295.

of ancient decrees. 291.
bill, when evidence and of what. 263.

not evidence of pedigree. Id.
answer, evidence against the defendant; 264. 266.

how far evidence for him, when produced by the

other party. 265.
taken altogether, not in parts. 264.
evidence for defendant, in issue on bill for disco-

very, when. 60.
of defendant, not evidence against co-defendant.
266.

of minor, by guardian, not evidence against
him. Id.

of occupier of land, evidence against a succeeding
occupier, in tithe-cause; 266. and examined copy
of the answer, sufficient. Id.
of partner, evidence of joint debt against co-
partner, Id.

not evidence of the partnership. 266. 267.
of wife, whether evidence against her, after hus-
band's death. 267.
proof of answer, 296.

bill to be proved, to let in the answer. Id.
examined copy of, sufficient proof j Id.
swearing of answer presumed; Id.
on indictment for perjury, otherwise,
Id.

so, in action for malicious prosecution.
Id.

depositions, evidence between what parties, and when;
267.

not evidence for deponent, though made with-
out interest. 268.
in question of pedigree, not evidence against a

stranger. 180. 222.
not evidence for pr against a stranger; 268.
whether in question of tolls or custom,
&c. 269.

after dismissal of bill, when evidence. 269.

H h 4 depositions,

CHANCERY, (continued)
depositions,

de bene esse, not evidence before answer put in,
270.

unless defendant in contempt, Id.
or has refused to answer, Id.
or neglected to cross-examine.

271. 272.

order for reading, on trial at law. 270. 297.
proof of depositions. 297. 298.

bill and answer must be shewn, in general; 297.
exceptions. Id.
CHARACTER,

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-
fendant, evidence of his good character not
admissible, 139.

nor in an information for keeping false weights.
Id.

evidence in mitigation of damages, when; 139.

in action for crim. con., wife's general
bad character; Id.

thatdefendant was generally suspected
of the crime, is evidence in action
for a libel, under general issue;
otherwise, where defendant justi-
fies; 140.

in action for malicious prosecution.
140. (See tit. Rape.)
of witness, may be impeached by general evidence;

212.

not by the part)' producing him. Id.
how supported, if attacked. 212.213<
of deceased subscribing witness to a will, given in evi-
dence, when. 213. »8c.
CHARTER,

explained by usage, when. 419—421.
presumed from length of possession, no.
CHARTER-PARTY,

not to be contradicted or varied by parol evidence. 432.
See tit. Evidence.

CHILDREN,

when competent witnesses. 14. if.
CHIROGRAPH,

of fine, 292.
CIRCUMSTANTIAL Evidence, 124

See tit. Presumption.

CLERGY,

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