INDEX.

CONTRACT, (continued.)

between master of ship and seaman to be in
writing; 489.

not void, though not in writing; Id.
if in writing, not to be varied by pa-
rol evidence. Id.

to be produced by the master; 387.

mercantile,

usage, when evidence, in construction of; 490,

492.

of service for year, wages due in proportion to
the time of service; 492.

to be proved, as set out on the record; 168-170.
article as to liquidation of damages, need not be set
out; 169.

CONVICTION,

on game laws; 157.

party informing need not disprove the several
qualifications; 157.

by magistrate,

when to be drawn up; 342.

conclusive evidence for him, in an action, until
quashed, provided he had jurisdiction. 278,
cases of excess of jurisdiction; 279.

informality of conviction cannot be taken advant-
age of in an action; 280.

for not repairing a road, evidence of liability; 243,

251.

for assault, not evidence in action for; 260.

of bigamy, evidence against legality of marriage in a
civil action. 259.

of principal, evidence against accessary, when; 248.
in criminal cases, whether evidence in civil; 256-
260.

not conclusive as to the time of committing the of
fence. 238.

party convicted, entitled to copy of conviction. 341.
reward, for prosecuting to conviction, in what cases;

91.

witness incompetent on conviction, when; 23, &c.
proof of judgment, necessary; 26.
COPY, (and see tit. Duplicate, Enrolment, Writing.)
of record, 307.

under great seal, Id.

under seal of court, 308.
examined copy, 309.

COPY, (continued.)

proof of. Id.

office copy; 309. 310.

authenticated by proper officer, 310.

of depositions, not evidence in other courts.
310.

of record of acquittal, how obtained. 340.

of deed in other writing, not evidence, when the orig
inal can be produced; 176..

exception to the rule. 177. 389. 392.

admission of secondary evidence, in the case,
of ancient private writings. 401. -

duplicate original, when admissible. 395.

of proceedings before commissioners of bankrupt;

291.

of inferior jurisdictions. 343–345.

of entries in public books, 338.

COPYHOLD,

rule, to obtain copies of. 345-347.

not devisable, within stat. of wills. 430.(*)
devise of, good as declaration of uses; Id.

attestation and signature, not necessary; Id.
unless required by the terms of the sur-
render. Id.

paper, signed by copyholders, evidence as to cus
toms. 209.

COPYHOLDER,

inspection of court-rolls by. 347. 350.
CORONER, See tit. Depositions, Inquisition.

CORPORATION,

books of, evidenee between the members, 337.
not against strangers. Id.

entry in, to be made by proper officer. Id-
proper custody of, to be shewn; Id.

corporator may produce. 405.

inspection of, 337.

deed of, does not require delivery; 418.

members of, competent witnesses, when; 58. 60. 104.
disfranchised, how; 104.

seal of, how proved. 309.

COSTS,

persons liable to, not competent; 49.

bail not competent for principal; Id.

governors of poor-house, if liable to costs indi-

vidually, are not competent, 58,

COUNSEL,

expense of depositions taken abroad, not al-
lowed; 13.

abnoase la quest to

professional confidence with client 108111.
confidential communications not to be given in evi-
dence, 108.

though proceedings finished; Id.
not in actions between third persons,
nor after dismissal of solicitor; Id.
what communications privileged. Id.
solicitor and attorney within same rule; Id.
so, interpreter between counsel and client: 109.
person not an attorney, though considered as such, not
within the rule. Id.

of what facts, they may give evidence; 110.

third person, who hears the communication, may speak
to it. 109.

communications to other persons not privileged: Id.
COUNTERFEIT-MONEY. See tit. Uttering.
COUNTERPART,

of deed. See tit. Deed.
COUNTY,

inhabitants of, competent on indictment for non-repair
of bridge, when: 97.

COURT. See tit. Admiralty, Chancery, Ecclesiastical.
of exclusive jurisdiction, 261 See tit. Judgment.
of inferior jurisdiction, 316.

proceedings in, how proved; 316.

whether a party has a right to a copy of,
and when 343-345.

COVENANT. See tit. Deed.

COVERTURE,

evidence of, under non-assumpsit; 132.

under non est factum. 133.

st above seven years

on plea of, if it appears that the husband went abroad
before the commencement of the
suit, the defendant ought to prove him alive within
that time: 160.

CREDITOR,

of bankrupt, when competent: 52. See tit. Bankrupt,
CRIMEN FALSI,

conviction of, incapacitates witness, 261
CRIMES,

what incapacitate a witness, 23, 24.

CRIMINAL CONVERSATION. See tit. Adultery.
CROSS-EXAMINATION. See tit. Witness.

CUSTOM. And see tit. Tolls.

that lord of manor shall have common in all the lands
demised, void; 486.

not admissible, to shew time of entering or quitting a
farm different from that expressed in the lease; 486.
"to quit at Michaelmas" means New Michael-
mas; 487.

right by, though not expressed in lease; 485.

as, for heriot,

or way-going crop, Id.

proof of, by hearsay, 197. 204...

hearsay of deceased person, though he claimed
under the custom.; 198, 199.

verdict, though between other parties; 252.
depositions not evidence against stranger to
former suit, where the same point is in issue.
192.

where the point in issue is not the same, they
are evidence. Id.

paper signed by copyholders: 209.

court-rolls of manor, and ancient writings. 202,
203. 333..

proof of custom, in adjoining parish or manor,
not evidence; 135.

otherwise, on a question of tenure in one
of several connected manors. 136.
custom proved different from that alleged; 163.

D

DAY-BOOK. See tit. Book.

DEAF AND DUMB,

how to give evidence. 16... ***

DEATH,

abroad, evidence of; 159. 187.

presumed, at the expiration of seven years; 159.
death-bed declarations. See tit. Declarations.

on issue as to the death of a particular person, the
party asserting the death has to prove it; 159.

DEBT. (See tit. Bond, Deed, Non est factum.)

on foreign judgment-the judgment prima facie evi-
dence; 272.

DECLARATIONS: See tit. Admissions, Evidence,
Hearsay.

on death-bed,

in criminal cases, evidence, when; 215.

where a subsequent statement of the deceased was
taken down in writing. 216.

4.

whether made in extremis, a question for the Court.

216.

of accomplice ; 217.

of attainted person, not evidence; Id.

in civil cases, evidence. 217.

confession of subscribing witness to will. Id.
See tit. Confession.

DECREE. See tit. Chancery.

DEED. See tit. Writing.

ambiguity in, how explained. See tit. Ambiguity.
ancient explained by usage, when. 477.

non est factum, evidence under. See tit. Non est fac-

tum.

presumed from usage, when. 123. 124.

variance in proof of. 170.

proof of title-deeds, in action by vendor against ven-
dee. 407 ag

execution of, proved by subscribing witness; 411.
signing; 413.

*. not essential to a deed, Id.

required by statute of frauds, when. Id.
attestation of, in deeds under powers.
413.

sealing; 415:

same seal used by several parties. Id.
rule as to sealing by several, in deed
under power. 416.

delivery, what sufficient; 418,

on another day may be shewn. 485.
subscribing witness may prove it forged.
34.

subscribing witness cannot be objected to,
as interested, by one who asked him to
attest, knowing his situation. 421. (2)

when subscribing witness not producible,
how proved; 419.