GAZETTE, (continued)

evidence of notice of dissolution of partnership, when.
306.

GRANT,

ancient, explained by usage. 421. 422.

possession of, to be shewn, when. 317.

presumed from length of possession; 119.
as against reversioner, when; 123.
co-extensive with the enjoyment._122.

GUARDIAN,

See tit. Usage. Easement. Presumption.

not competent, in action by infant. 46.
answer of minor by, evidence against guardian. 266.

HABEAS CORPUS,

H

writ of, for bringing up witness in custody. 9.
HAND-WRITING,

proof of, by one who has seen the person write, 364—
366.

, or who has received letters from him.
367-370.

in case of Alg. Sidney. 365.

in case of seven bishops. 371-373.

comparison of, not allowed; 371-373-

otherwise, in case of ancient writings.

exceptions,

evidence on question of pedigree, as to the state of
the family. 174. 175.

declarations, papers, &c. in the family, recitals in
family deeds, &c. when evidence, 174-176.
declarations of deceased husband, as to legiti-
macy of wife, 176.

of deceased parent, to prove time
of birth, 180.

not to prove place of birth, 180.

or want of access. Id.

not evidence, if made post litem

motam, 176-178. 183.

or if the relative alive.

176.

depositions, or answer, in a former
suit, not evidence against a stran-
ger. 177-179.

hearsay of boundaries, or custom, 182-184.
tradition of particular fact, not evidence. 184.

of

HEARSAY, (continued)

of public rights; 183.189.

whether evidence of private rights. 189.190.

entry of receipt of rent by deceased person, not
evidence for one claiming under him, 188.
evidence against such person; 193.

how proved. 195.

entry by deceased rector, as to ecclesiastical dues;
184-187.

in tradesman's book, evidence of delivery of
goods. 195-199.

declarations, or entries in books, against interest.
191-194.

by steward, &c. charging himself; 191. 192.
by person, that certain goods were not his
property; 193. 194.

by occupier of land, as to the extent of ad-
joining tenant's land; 194.

not evidence, if the person alive. 195.
testimony of witness in former trial, when evi-
dence, the witness being dead, or kept away
by the other party. 199.

dying declarations. 200. see tit. Declarations.
part of res gesta, when evidence; 202.

declaration by bankrupt, in absenting
himself, Id.

by woman at the time of
elopement, Id.

at the time of receiving a bo-
dily hurt, Id.

by deceased, as to being re-
lieved by a parish, 181.

as to his state

of health.

due by custom, though not expressed in lease. 429.
HIGHWAY,

See tit. Road.

HIRING,

declaration of deceased servant, not evidence of. 181.

HISTORY,

general, when evidence. 320.

Speed's Chronicles. Id.

not evidence of private rights. 320.

Dugdale's

in action against, the party robbed is competent, 57.

to prove the robbery; Id.
not to prove other facts,

as the Venue. Id.

HUSBAND AND WIFE, (see also tit. Adultery. Feme sole.)
of party to suit, incompetent for or against each other;
63.64.

though divorced for adultery, 66.

or the other consent. Id.

declarations of wife not evidence against the man. 64.
not allowed to give any evidence that may tend to cri-
minate the other; 66.

on proof of A.'s marriage, a witness cannot prove
a former marriage between himself and A. 66.67.
the party calling a witness, cannot call his wife to
contradict him. 66.67.

on a question, whether goods are the property of a man
or his wife, he is not competent to prove the latter
fact. 65.

on indictment for conspiracy, the wife of one defendant
is not witness for the rest. 65. 66.

exceptions to general rule. 67.

in prosecution for taking a woman by force and mar-
rying her, Id.

in case of bigamy, 2d wife competent after proof of
first marriage, 68.

in offences against woman's person, 68.

wife may exhibit articles of the peace against him,
68.

or apply for information; 68.

not witness against him in treason. 69.

dying declarations of wife, evidence against him. 68.
in action between third persons, where the wife's evi-
dence may lead to a demand against husband; 71.
in appeal against order of bastardy, married woman may
prove the criminal connection, 69.

but cannot prove non-access. 70.
in suit between third persons, wife may disprove her
marriage. 70.

woman, cohabiting and passing as wife, whether witness
for the man. 70.

declarations of wife employed as agent by husband. 69.

HUSBAND AND WIFE, (continued)

wife of bankrupt may be examined by commissioners,
when. 69.

answer by wife, whether evidence against her, after hus.
band's death. 267.

INCOMPETENCY,

I

of witness. See tit. Witness.

INDICTMENT,

averment in, when need not be proved; 159.

in indictment for robbery near the highway, Id.

in the house of A. B.

Id.

for arson in the night-time, Id.
for murder of officer in execution
of office. 158.

for burglary in the house of J.D.
with intent to steal the proper-
ty of J. W., the averment of
property is material. 160.

for felony at a certain place, and no such place in the
county, the indictment void. 166.

copy of, in felony, not to be had by defendant without
order of Court; 322.

INFAMY

but if produced, admissible, though without

order; 323.

in misdemeanors, order not necessary. 324.

of character, cause of incompetency. 22. 23.
from what offences. Id.

INFANCY

may be given in evidence under non-assumpsit, 127.
not under non est factum. 128.

INFANT,

competent witness, when. 14. 15.

answer of, by guardian, not evidence against him. 266.
INFIDEL,

incompetent witness, when. 17.

INFORMER,

incompetent witness at common law, when. 91.
competent, when. 92. 93.

INHABITANTS,

of county, competent on indictment for non-repair of
bridge, when; 93.

of hundred, in action by party robbed; 93.

of parish, where penalty given to the poor, when com-

petent; 93.

in prosecutions under highway act. 93.

rated,

491

492

INHABITANTS, (continued)

rated, competent in parish-appeal, by stat. 54 G. 3.

C. 170.93.

declarations by, evidence against their parish;
60.72.

not compellable to give evidence against. 60. 208

INQUISITION,

by coroner, bad, if evidence brought by the accused party
was rejected. 281.

of lunacy, by coroner, whether evidence against one
claiming as executor; 239.

evidence for prisoner; 282.

post mortem. 174.

of felo de se, evidence against executor or administra
tor; 281.

not conclusive. Id.

finding, that the party fled for it, whether conclusive.
281.

of office, evidence against whom. 282.

INSPECTION,

by escheators, commissioners, sheriff, &c. 282.
by order of H. of Com. respecting fees. 282.
not evidence, when irregularly taken; 283.
inquisition by sheriff's jury, on question of
property. Id.

proof of; 283.

commission ought, regularly, to be shewn.
Id.

of records; 322.

depositions, not allowed to prisoner before trial. 325.
proceedings before inferior jurisdictions, when allowed;
325-328.

parish books, and books in public offices; 311. 312.328.
court rolls; 329:

corporation books. 330-332.

rule for, not allowed in criminal cases; 332-333-
otherwise, in informations in nature of quo warranto;