EVIDENCE, (continued.)

non est factum; 132. See tit. Non est

on a question, whether the acceptors had given
authority to the drawer to draw a particular
bill payable to a fictitious person, a general
authority may be shewn; 139.

in trespass, what or how many acts of trespass
may be shewn; 140.

in action for slander, when other actionable
words may he proved; 140.

on trial for treason, no overt-act of a distinct
treason can be proved; 142.

on indictment for infamous offence, proof that
defendant has a general disposition to com-
mit such offences, or that he has committed
such an offence at another time, is not evi-
dence; 143.

when other acts of the prisoner are evidence
against him, as shewing his intentions,
contemporaneous acts are also evidence
in his favour; 144.

on indictment for uttering forged notes or
counterfeit money, proof of his uttering
others similar, admissible; 143.

character of either party when examinable
in civil sait; 145. See tit. Character
facts admitted on record, need not be prov-
ed; 147.

cannot be contradict-
ed; Id.

2. Affirmative of the issue to be proved; 156.

in action on game-laws, plaintiff need not dis-
bprove the several qualifications; 157.

the same rule in proceedings on informations be-
ofore magistrates; Id.

negative, when to be proved; 153.

where breach of duty alleged; Id.

where a person is charged with doing the
act complained of "without giving due
notice," Id.

EVIDENCE, (continued.)

on indictment for coursing deer" without
the consent of the owner," Id.

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

8. Substance only of the issue need be proved; 161.
plea of payment of principal sum and interest-
sufficient to prove that a gross sum was paid
and accepted as full payment; Id.

proof of tender and refusal sufficient proof of
an averment of payment, when; 161.

in action of waste-sufficient to prove that defen-
'dant cut a less number of trees; Id.

in action on simple contract, plaintiff may prove
less than the writ demands; 162.

in action against sheriff, plaintiff declares that he
had J. S. and his wife in execution, proof that
he had only J. S. is sufficient; 162,

in action for slander, rule as to the proof of the
words, Id.

averment, that the cattle (damage feasant) were le-
vant and couchant, is not proved by shewing
that part of them were so; 163.

plaintiff may recover, though he prove a more
ample prescriptive right than he claims. 163.
proof that A. was churchwarden, not sufficient
on issue whether A. and B. were churchwar-
dens: 164.

averment, that plaintiff was constable of a par-
ticular parish, is not supported by proof, that
he was sworn in to serve for a liberty, of which
the parish was only part; 164.

(See other examples under tit. Murder,
Principal)"

averments immaterial, when; 166, 167.

averments, merely matter of inducement, bot
strictly proved, when. 166.

contracts to be truly stated, and proved as stated.
168-170. See tit. Variance.

Best evidence to be given; 176.

meaning of the rule; Id.

copy of deed not evidence, when the deed can be
produced; Id.

parol evidence of a licence from the crown not.
admissible; 177.

EVIDENCE, (continued.)

strongest possible evidence not necessary; 176.

173.

execution of deed proved by single witness; 178.
hand-writing proved or disproved by witness ac-
quainted with writer's style; 179.
exceptions to general rule, 180.

copy of entry in public books; Id.
appointment of constables, officers of the reve-
nue, surrogate, &c. need not be proved; Id.
ases, where the party, against whom the sec-
ondary evidence is offered, has precluded
himself from disputing it; 180, 181, See tit.
Admission.

production of evidence not insisted upon, from
public policy; 177. (2)

as, minutes of examination before the
privy council.

evidence against persons concerned in publica-
tion of newspapers, under stat. 38 G. 3. a
78. 183.

5. Hearsay, not evidence; 185.

See tit. Hearsay.

parol evidence, when admissible with reference to writ
ten instruments; 466, &c.

to explain latent ambiguity; 467, &c.

See tit. Ambiguity.

to explain mistake in will, 467.

as to devisee, 467. 472.
as to fund, 468.

as to description of proper
ty, Id.

or in entry of surrender of copyhold, 476.

to explain patent ambiguity: 473,

blank in will; 475.

blank in agreement, which need not have been
written, 475, 476.

blank in instrument, kept to record a fact i

476.

blank in bishop's register. Id.
of usage, to explain ancient charters and deeds. Id.
not to contral or enlarge a will or deed; 480.
parol evidence to shew fraud; 483.

not to contradict, vary, or add to terms of deed. 480.

as to shew different condition, or another use. Id.

EVIDENCE, (continued.)

another consideration may be shewn, when;

481.

consideration contrary to the deed, cannot be
shewn, except to shew fraud, &c. 483.
delivery on a different day may be shewn. 485.
customary right may be shewn, though not ex-.
pressed in deed, when; 485.

as, for heriot, or way-going crop; Id.

if inconsistent with the deed, it cannot be
shewn; 486.

words having a legal meaning, how to be un-
derstood; 487, 488.

parol evidence not to contradict policy of insurance,

488.

or charter-party, 489.

or promissory notes; Id.
or mercantile contracts; Id.

usage regarded in construction of contracts; 491,

492.

not to contradict. 491.

parol evidence not to contradict agreement with
stat. of frauds; 492.

or any other written agreement; 495.
(See tit. Agreement.)

collateral facts, to shew the meaning of contracting
parties, when admissible; 497.

usage, to explain ancient charter, 476.

ancient deed; Id.

terms of admission to copyhold. Id.

usage of trade, not to contradict express contract. 491.
covenants not to be construed by party's acts; ̈ 479.
parol agreement discharged by parol; 498.

discharge of, a good defence in equity to bill for
specific performance; 499.

rule in equity, same as at law, as to admissibility of
parol evidence; 501.

rule as to defendant, on a bill for specific per-
formance, 502.

rule as to plaintiff; 504.

rule as to rectifying mistake in deeds; &c. 512.
rule as to raising trusts in wills; 512.

secondary evidence, when allowed; 398..

of writing in possession of other party, 389.

398.

of lost writing, 399. 400. 401.

EVIDENCE, (continued.)

of written instrument, the subject of the suit;

391.

EXAMINATION. See tit. Deposition.

of pauper, not evidence on question of settlement,
against appellant parish; 302.

of single woman pregnant, evidence against reputed
father after her death, 302. 303.

though he was not present; Id.

of soldier (under mutiny act,) when evidence on ques-
tion of settlement; 303.

attested copy, given to commanding officer,
evidence; Id.

not evidence, if the soldier abroad, or dead,
or out of the army; 303. 304.

of witness. See tit. Witness.

EXCEPTION (Bill of,) see tit. Bill of Exception.
EXCHEQUER,

judgment in rem in, 250. 373.

of condemnation, conclusive evidence of right of
seizure, 273. 274.

as to all persons; Id.

of acquittal, whether conclusive as to illegality of
seizure; 276.

EXCISE, see tit. Commissioners.

EXCOMMUNICATION,

witness not incompetent from; 20.
EXECUTION,

of deed or will, see tit. Deed, Will.
EXECUTOR, see tit. Probate.

action against, on promise to answer damages out of

his own estate, 357.

proof of being appointed; 317.

not incompetent, as liable to actions; 42.

EXEMPLIFICATION,

of record, under great seal; 307.

under seal of court; 308.

of deed or will, not evidence; 309. 410.

of letters patent; 410.

F

FACTOR, see tit. Agent.

FELONY,

conviction of, renders incompetent; 24.