CHANCERY, (continued.)

when in question of toils or custom,
&c. 287.

.. not objectionable, because the interroga-
tories were leading. 287.

after dismissal of bill, when evidence. 288.
de bene esse, not evidence before answer
I put in; 288. 289.

unless defendant in contempt,

Id.

or has refused to answer,
Id.

or neglected to cross-ex-
amine. 289.

order for reading, on trial at law. 289. 316.
proof of depositions. 315. 316.

CHARACTER,

bill and answer must be shewn, in gene-
ral; 315.
exceptions. Id.

infamy of, when incapacitates a witness. 23. 24. See
tit. Witness.

of party to suit, examinable if put in issue. 145.

in action to set aside a will, for fraud commit-
ted by defendant, evidence of his good char-
acter not admissible; 145.

nor in an information for keeping false weights.
Id.

in an action for slander, plaintiff may give evi-
dence of bis character. 145.

in action for adultery, character of plaintiff's
wife not be inquired into, unless attacked.
146.

evidence of character, in mitigation of dama.
ges, when; 145, 146....

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

that defendant was generally suspected
of the crime as evidence in action for
a libel, under general issue; other-
wise, where defendant justifies; 146.
evidence of character, li

in an action for malicious prosecution. 147.
(See tit. Rape.it in

of witness, may be impeached by general evidence.
229. 230. See tit. Witness.

CHARACTER, (continued.) sanylion)

not by the party producing him. 232.
how supported, if attacked. 229. 230.

of deceased subscribing witness to a will, given iş
evidence, when, 229, 440.

CHARTER,

"explained by usage, when. 476–478.

presumed from length of possession. 124.

CHARTER-PARTY,

not to be contradicted or varied by parol evidence.
$489.

See tit. Evidence.

CHILDREN,

when competent witnesses. 16. 17.
CHIROGRAPH,

of fine. 310.

CIRCUMSTANTIAL Evidence, 116.

See tit. Presumption.

CLERGY,

benefit of, restores. competency, when. 26.

who entitled to, without burning in the hand,

27.

COGNOVIT,

need not be stamped. 461.

otherwise, if it contains an agreement. Id.

COLLEGE,

sentence of expulsion by, when conclusive. 277. 278.
COMMISSIONERS,

of bankrupt,

may compel witness to attend, 6.
and allow expenses. 6.

may examine bankrupt's wife. 12.

proceedings of, evidence of the time of bankrupt-

cy after the witness's death. 291.

conclusive of debt, in action for credit-
Wor's share; 294.

evidence under st. 49 G. 3. c. 121. s. 10.
evidence of petitioning creditor's debt,

&c. in actions by or against the as-
signees, unless notice be given, &c. 292.
what notice to be given, of intention to
dispute the proceedings; 292. 293.
6. turer service of notice, what sufficient; 293.
notice not considered as part of defen-
lameng dant's evidence. 293.

examination of bankrupt evidence against

COMMISSIONERS, (continued.)

of bankrupt,

him, though the questions may be im-

proper; 293.

examination containing the substance of
what the bankrupt said, when suffi-
cient. 294.

document referred to in the examina-
tion, to be considered as part of it.
294.

deposition of petitioning creditor admis-
sible, though he himself would not
be. 294.

such depositions only as are read, are to

be considered as in evidence. 294.
not conclusive, though no notice. 293.
not evidence, between other persons
not claiming under the commission.
292.

on indictment for perjury before the
commissioners, strict proof of the
bankruptcy is necessary. 294.
produced from the proper custody-
and hand-writing of a commissioner
must be proved. 292.

by act of parliament,

sentence of, when conclusive. 281.
of excise,

condemnation by, conclusive of right of seizure;
273. 277.

depositions before, in presence of the other party,
and signed by witness, evidence after the witness'
death. 304.

A of inclosure,

may summon witnesses. 7.

COMMON, (See tit. Custom.)

by custom,

other commoners incompetent, if the custom the

same. 46. 47.

proof of, by hearsay. See tit. Custom.

in action for disturbance of, defendant may prove
his right to departure under general issue. 134,
(9.)

by prescription,

hearsay, evidence of a prescriptive right abridging

COMMON, (continued.)

a general right, 205, 206.

though general right not set out on the re-
cord. Id.

others claiming under, competent. 46, 47.

by vicinage,

one commoner not competent for another. 47.
COMMON-RECOVERY,

deed to make a tenant to the writ of entry, when evi-
dence of. 313.

COMPARISON of hand-writing. 427, 428.

See tit. Hand-writing.

COMPETENCY,

of witness. See tit. Witness.
COMPOSITION,

real, for tithes, not presumed from usage. 124.
CONCEALMENT,

of birth of bastard child, how punishable. 130.
CONDEMNATION,

Sentence of, in exchequer, 273. (See tit. Exchequer
and Commissioners.)

CONDITION,

in deed,

parol evidence not admissible to vary. 481.
of sale,

not to be varied by declarations of auctioneer.
493, 494. *

CONFESSION,

of prisoner, evidence against him, 86.

not evidence against others, 87.

to be taken altogether, 87...

on examination before magistrate, though
not signed by prisoner; 36, 87.

examination of prisoner on oath not admis-
sible; 87.

if purporting to be on oath, evidence that he
was not sworn, is not admissible: Id.
under threat or promise, not evidence; 86.
discovery, in consequence of, may be
shewn; 88.

in high treason, 89.

proved by two witnesses sufficient to
convict; 89.

sufficient to convict, if proved by a sin-
gle witness, when the overt act is a
direct attempt against the life of the

of witness to a will, evidence against the will; 217.
evidence of good character of the other witness-
es deceased, may be given in answer. 229. 440,

CONSENT,
on indictment for coursing deer "without the consens
of the owner," the want of consent must be shewn.
158.

CONSIDERATION,

of agreement, within s. 4. of stat. of frauds, must be
stated; 367, 368.

of bargain, within s. 17. need not, 384.

in deed, 481.

another may be proved, besides that; 481-483.
though no consideration stated, 482.

or "for divers considerations; Id.

in deed,

of greater or less value, 482, 483.

different consideration may be shewn in case of
fraud, &c. 483, 484.

not by party supporting the deed. 483.

CONSPIRACY,

on indictment for, the wife of one defendant not
a witness for the others. 66.

the act of one, in pursuance of

the original plan, evidence
against the rest. 76.

what one has said, as to the
share of another in the trans-
action, or as to the common
object, is not evidence
against that other. 77.

conviction of, renders incompetent, when. 24.

CONSTABLE,

appointment of, need not be proved, when; 180.
proof of acting as such, sufficient, Id.

CONTRACT. See tit. Agreement and Stat. of Frauds.
action on contract for sale of land, &c. See tit.
Stat. of Frands.

marine,