in action for, other libels when evidence; 140, 14
evidence, that defendant was gener
ly suspected, &c. 146.

LICENCE,

magistrate's clerk not compellable
say, whether he delivered to th
magistrate an affidavit containi
the libel; 223.

provisions of St. 38 G. 3. c. 78. co
cerning proof of the publication
newspapers, in actions or prosecu
tions for libels; 183.

affidavit, according to the form pre
scribed in the act, is evidence o
the publication in the particular
county specified; 185.

if the affidavit purporting to be sworn
before a distributor of stamps in the
country, his authority must be prov-
ed, unless stated in the affidavit.
185.

from the crown, how proved. 177.

old licences from lord of a manor, for fishing, &c. 202.
licence to enclose, when presumed, 126.

LUNACY,

coroner's inquest, 300. See tit. Inquisition.

M

MAGISTRATE,

action against,

proof of notice, 395,

conviction by. See tit. Conviction.

depositions taken by. See tit. Depositions.

compellable by order of court to grant copy of con
viction, and of information; 341, 342.

MAHOMETAN,

may be witness, 19.

to be sworn on the Koran, 21.

MALICIOUS PROSECUTION,

in action for, general bad character of plaintiff may
be shewn, when; 147.

copy of indictment, how obtained, 340.
evidence, if produced, though
without order; Id.

MANOR,

custom of. See tit. Custom.

survey of. See tit. Survey.

proof of custom in one manor not evidence of a cus-
tom in adjoining manor; 135.

otherwise, on a question of tenure in a

MANOR COURT,

district of manors; 136, 137.

proceedings in, evidence between whom; 305.

rolls of, evidence between the lord and his tenants;
333.

ancient writings of, evidence of descent, though not
signed; Id.

inspection of court rolls; 347.
proof of; 316.
MANSLAUGHTER,

See tit. Murder.

MARRIAGE,,

hearsay of, in Tamily; 186.

legality of, determined by ecclesiastical courts direct-
ly; 261.

by courts of common law incidentally; Id.

proof of, on real writs; 262.

by parish register; 325.

not by Fleet books; 326.

nor by register in Guernsey, or foreign chap-
el; 326.

sentence of ecclesiastical court, annulling; 262.
conviction of bigamy, proof of illegality of second
marriage, in civil action; 259.

in foreign country, established by sentence in foreign.
court; 270.

MEASURE,

sale of a number of acres of land generally, means
acres by statute measure; 483.

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

92

MEMORANDUM,

written, to refresh memory; 226.

agreement unsigned, used as; 178.
unstamped receipt; 454.

MERCHANTS' BOOKS. See tit. Tradesman.
evidence of what, and when; 210, 399.
MESNE PROFITS,

judgment in ejectment conclusive of right of posses-
sion in action for mesne profits; 255.

MISTAKE,

in deed, rectified in equity, when; 511.
in will, may be shewn; 467, 472.
MITIGATION,

of damages, what evidence allowed in; 145, 146.
MODUS. See tit. Tithes.

on question of,persons liable to tithes not competent.
47.

proof of, by usage; 124.

de non decimando, not proved by usage alone; Id.
declarations of deceased occupier, evidence of paro-
chial modus; 198, 199.

proof that a particular person paid so much in lieu of
tithes, not evidence; 199.

MONEY,

payment of, into Court-its effect; 149.

MURDER,

money cannot be recovered back, though
paid by mistake; Id.

admission of legal demand; 149, 151.
payment generally upon the whole declara-
tion; 150, 151.

dispenses with proof of hand-writing,
in action on bill of exchange. 150.
and dispenses with proper stamp; Id,
admits the jurisdiction of the court. Id.
admits the contract to what extent;
151.

in action against a carrier; 151
152.

dispenses with proof of written agree-
ment; 358.

plaintiff may be nonsuited, though he
has paid into Court; 149. (3)

proof of such payment: 152.

conviction of, on indictment for petit treason; 164.
conviction of manslaughter, on indictment for mur-
der; 164.

MURDER, (continued.)

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

on indictment for murder of officer in execution of his
office, proof of his authority not material; 165.
the special matter may be given in

evidence on a general indictment;

Id.

acquittal in foreign country may be pleaded in bar;
270.

N

NAVY-OFFICE,

book of, evidence to prove sailor's death; 380.
NEGATIVE,

of issue, when to be proved; 158.

NEWSPAPERS. See tit. Libel.

provisions of stat. 38 G. 3. c. 78., concerning proof
of the publication of; 183.

NICHOLAS (Pope),

taxation by, account of; 321.

evidence of value of livings; Id.

NOLLE PROSEQUI,

to make defendant witness; 63.

NON-ACCESS. See tit. Access.

NON-AGE,

declaration of deceased parent, evidence of; 195.
NON-ASSUMPSIT,

evidence under plea of; 131.

performance-payment-release; Id.
judgment recovered; 243.

accord and satisfaction; 131.

that defendant contracted with plaintiff and
others. 131, 170.

that plaintiff, suing as feme sole, was married
at the time of the promise; 131.

or that defendant sued as feme sole, was then
married; 131.

or that defendant sued as feme covert, was
married to another man now alive; 132.
usury-infancy-gaming; 132.

what not evidence under; 132.

statute of limitations; Id.

that others besides defendant are liable; 132,

NON EST FACTUM,

evidence under plea of; 132.

lunacy, or intoxication at the time of execu-

tion; 133.

defendant a feme covert, IJ.

deed delivered as an escrow, &c. Id.
rasure or interlineation; Id.

what not evidence under; 133.

proot of gaming-sale of office-simony,

&c. 134.

payment-release-infancy-duress;
illegal consideration: 134,

133.

plaintiff cannot shew the deed lost, after pleading pro-
fert; 403.

no ground of variance, that there are joint obligors.

132.

though a bond is declared on as a joint bond, the de-
fendant's execution alone need be proved; 133.
NOT GUILTY. See tit. Trespass, &c..

NOTICE,

of action, proof of, by duplicate original; 395.
to quit, proof of; 335, 412. See tit. Ejectment.
to produce papers on trial; 387,389,

how it differs from subpoena duces tecum; 336.
when necessary, 386, 387.

effect of notice; 389.

party, when compellable to produce; 337,

389.

if a trustee; Id.

in action by seamen for wages; Id.

when the other party is interested in the
writing; 388.

proof of notice; 394, 395.

after proof of, contents of paper how proved;

389.

not necessary, where nature of action is suffi-
cient notice; 391.

as, in trover for bond, Id.

or prosecution for stealing note, &c. Id.
in other criminal cases, when.
391, 392.

or where possession on the other side is

fraudulent: 392.

whether necessary, in case the writing is