J

JACTITATION OF MARRIAGE,

sentence in cause of. See tit. Ecclesiastical Court.
JOURNALS,

of the House of Lords, 305.

proof of judgment on appeal.
of address to the king; Id.

not evidence of the facts stated in
the judgment. Id.

of House of Commons; Id.
proof of entry in. 321.

JUDGMENT, (See tit. Verdict.)

by default, its effect, as an admission. 141.

of court of record, when evidence in a cause; 222-237.
between what parties; 222.223.

who may plead a judgment in bar, and when. 223.
conclusive as evidence between the same parties,
when. 223. 226.

judgment recovered, conclusive evidence in
assumpsit, 234.

in ejectment, conclusive in trespass
for mesne profits. 224.

judgment of quarter sessions. 224. 231.
conviction for nonrepair of a road. 224.
judgment in court of conscience. 225.
evidence between privies to the first suit; 226.
not evidence for a party against a stranger, 228.
or for a stranger against a party; 230.
exception in the case of customs, tolls, and

decree between vicar and impropriator, evidence

between succeeding vicars and impropriators;

227.

judgment concerning office of schoolmaster, evi-
dence for or against a successor. 227.
judgment of ouster in an information in the
nature of quo warranto; 227.

in rem in the Exchequer. 231.

on what points evidence. 234. 235.

judginent in debt, bar in assumpsit, when,

235.

in trespass, bar in trover, when,

Id.

in trover, bar in assumpsit. 235.

in criminal cases, whether evidence in civil. 237

-241.

of court of exclusive jurisdiction. 242.

when conclusive, when not evidence, 242.
impeachable for fraud. 242.

of

493

JUDGMENT, (continued)

of ecclesiastical court. See tit. Ecclesiastical.
admiralty court. See tit. Admiralty.

exchequer. See tit. Exchequer.

commissioners of excise. See tit. Commissioner.
sentence by members of college, when conclusive. 259.
proceedings before commissioners of bankrupt. 273.
See tit. Commissioners.

conviction by magistrate, 260.

conclusive for him, in an action, when; 260—262.
informality of, cannot be taken advantage of. Id.
of inferior courts, when evidence, and to what extent.
287.

of foreign court. See tit. Foreign.

proof of. 289. 291. 293. 295. 298. 301.

copy of judgment, signed by the master, not evidence.

291.

JURISDICTION, See tit. Courts.

JUROR,

challenge of, for kindred. 13.

JUSTICE OF PEACE. See tit. Magistrate.

L

LARCINY,

witness not incompetent for petty. 22. 26.

what sufficient property to maintain indictment. 118.

LEADING QUESTION,

not to be put to witness in general: 205.
allowed in cross-examination; Id.

LEASE,

in examination in chief, when. Id.

ancient, when evidence; 187.

though possession under not shewn. Id.

on life, death presumed, when. 152.

LEGITIMACY,

birth during marriage, presumptive evidence of; 112.

how rebutted. Id.

birth after divorce a mensâ, &c., presumed to be ille-
gitimate. 113. 152.

declarations of deceased person, to disprove his supposed
marriage, 180.

of husband, as to legitimacy of wife. 176.
sentence of nullity of marriage, or in affirmance of, con-
clusive, when. 243.

LETTERS PATENT,

exemplification, evidence of. 355.

LIBEL,

in action for, other libels when evidence. 134. 135.

evidence, that defendant was generally
suspected, &c. 140.

magistrate's

LIBEL, (continued)

LICENCE,

magistrate's clerk not compellable to say,
whether he delivered to the magistrate
an affidavit containing the libel. 206.

from the crown, how proved. 167.

old licences from lord of a manor, for fishing, &c.; 187.
licence to enclose, when presumed. 121.

LUNACY,

coroner's inquest. 239. See tit. Inquisition.

MAGISTRATE,

action against,

M

proof of notice. 343.

conviction by. See tit. Conviction.

depositions taken by. See tit. Depositions.

compellable, by order of court to grant copy of convic
tion, and of information. 324. 326.

MAHOMETAN,

may be witness, 17. 18.

to be sworn on the Koran. 20.

MALICIOUS PROSECUTION,

in action for, general bad character of plaintiff may be

MANOR,

shewn, when. 140.

copy of indictment, how obtained, 322.
evidence, if produced, though without
order. 323.

custom of. See tit. Custom.

survey of. See tit. Survey.

proof of custom in one manor not evidence of a custom
in adjoining manor; 130.

otherwise, on a question of tenure in a district
of manors. 130. 131.

MANOR COURT,

proceedings in, evidence between whom. 287.

rolls of, evidence between the lord and his tenants;
315.

ancient writings of, evidence of descent, though not
signed. 315.

MARRIAGE,

inspection of. 329.

proof of. 298.

hearsay of, in family. 174.

legality of, determined by ecclesiastical courts directly,

243.

by courts of common law incidentally. Id.

proof of, on real writs; 244.

495

by parish register. 307.

sentence

MARRIAGE, (continued)

sentence of ecclesiastical court, annulling. 243.
conviction of bigamy, proof of illegality of second mar-
riage, in civil action. 240.

in foreign country, established by sentence in foreign
court. 252.

MEASURE,

sale of a number of acres of land, generally, means acres
by statute measure. 432.

sale of corn by the bushel means by the Winchester
bushel. Id.

MEMORANDUM,

written, to refresh memory; 199. 209.

agreement unsigned, used as, 169.
unstamped receipt. 386.

MERCHANTS' BOOKS,

evidence of what, and when. 195—199. 347.

MESNE PROFITS,

judgment in ejectment conclusive of right of possession
in action for. 224. 236.

MISTAKE,

in deed, rectified in equity, when. 458. 459.
in will, may be shewn, when. 411. 419.

MITIGATION,

of damages, what evidence allowed in. 139. 140.
MODUS. See tit. Tithes.

on question of, persons liable to tythes not competent.
45.

proof of, by usage. 119.

de non decimando, not proved by usage alone, 119.
declarations of deceased occupier, evidence of parochial
modus. 183. 184.

proof that a particular person paid so much in lieu of
tythes, not evidence. 184.

MONEY,

payment of, into Court

MURDER,

its effect. 142. 143.

money cannot be recovered back, though paid by
mistake. 142.

admission of legal demand. 142. 144.

payment generally upon the whole declaration,

142. 143.

dispenses with proof of hand-writing, in
action on bill of exchange, 143..

and dispenses with proper stamp; Id.
admits the jurisdiction of the Court; Id.
admits the contract, to what extent; 144.
in action against a carrier. 144.
145.

proof of. 145.

conviction of, on indictment for petit treason. 156.

con-

MURDER, (continued)

conviction of manslaughter, on indictment for murder.
157.

manner and means of killing, as proved, must agree in
substance with those laid. 157.

on indictment for murder of officer in execution of his
office, proof of his authority not material; 158.

the special matter may be given in evi-
dence on a general indictment. 158.
acquittal in foreign country may be pleaded in bar. 252.

NAVY OFFICE,

N

book of, evidence to prove sailor's death. 312.
NEGATIVE,

of issue, when to be proved. 151. 152.
NICHOLAS (Pope),

taxation by, account of. 303.

evidence of value of livings. Id.

NON-ACCESS. See tit. Access.

NON-AGE,

declaration of deceased parent, evidence of. 180.
NON-ASSUMPSIT,

evidence under plea of; 126.

performance-payment-release. Id.
judgment recovered. 224.

accord and satisfaction. 126.

that defendant contracted with plaintiff and others;
127. 162.

that plaintiff was married at the time of the pro-
mise, 127.

-

or was bankrupt. Id.

usury infancy-gaming. 127. 221.
what not evidence under; 127.

statute of limitations; 127.

that others besides defendant are liable. 162.

NON EST FACTUM,

evidence under plea of. 128.

lunacy, or intoxication at the time of execu-
tion,

defendant a feme covert,

deed delivered as an escrow, &c. Id.

what not evidence under. 128.

proof of gaming-sale of office-simony, &c.

129.

payment-release- infancy-duress. 128.
plaintiff cannot shew the deed lost, after pleading profert.
348.

NOTICE,

of action, proof of, by duplicate original. 342.
to quit, proof of. 343. 357. See tit. Ejectment.
to produce papers on trial; 336.

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