NOTICE, (continued.)

in court in the adverse party's posses-
sion. 393, 394.

deed produced under, to be proved by the
other party, when 396.

:

when not. 397.

NUL TIEL RECORD,

proof of issue on; 307.

NUSANCE,

where the record is in the same court,
where in another court; 303.

in action for, defendant may prove a licence from
plaintiff, under general issue; 134. (9)

competent witness, when; 41.

though liable to information; Id.

proof of acting as such, evidence of being such,

when; 180.

OPINION,

of witness, when evidence; 226.

general, evidence of public rights; 197, 204.
whether evidence of private rights; 205.

ORDER,

of bastardy. See tit. Bastardy:

of judge, for producing papers; 388.

of removal, not appealed against, its effect; 250.
of sessions. See tit. Sessions.

ORDINARY,

certificate of, when conclusive on legality of mar-
riage; 262.

faculty from, presumed in the case of a pew claimed

as appurtenant to a messuage; 125.

OUSTER,

judgment of, on an information; 246.
OUTLAWRY,

judgment of, in treason and felony, renders incompe-
tent; 25.

OUTLAWRY, (continued.)

in personal action, otherwise; Id.

proof of judgment of; 25.

competency restored by reversal of outlawry. 29.
OVERT ACT. See tit. Treason.

OWNERSHIP,

possession prima facie evidence of; 123.

P

PAPAL BULL,

evidence of exemption from tithes; 337.
PARCEL,

on a question whether land is parcel of A's or B's es-
tate, the declaration of a deceased tenant, who held
under both, is evidence; 197.

PARDON,

effect of, in restoring competency of witness; 29.
See tit. Witness.

PARISH,

inhabitant of, competent, though penalty given to the
poor, when; 98.

in prosecution under highway act, when;
Id.

rated inhabitant, competent, on parish appeals; Id.
See tit. Inhabitant.

register, when first commenced; 325.

proof of marriage; 325. 326.

entry of marriages how to be made; 325.
copy of, to be transmitted annually to regis-
trars of diocese; Id.

not to be contradicted by day-book; 332.
inspection of, when granted; 345.

book for copies of rates; 329,

for account of parish indentures; 329.
vestry-book; Id.

examined copy of register, evidence; 338.

PARLIAMENT,

acts of. See tit. Acts.

entry by deceased, evidence for successor; 199. 200.
in action against, for non-residence, what sufficient
evidence of his being parson; 181.

PARTICULARS (Bill of,)

under judge's order-its use and effect; 152.

interest on promissory note may be recovered,
though not claimed in the particular; 153.
mistake in, when immaterial; 154. 155.

PARTNER,

admission by one, evidence against another, when;
75.285.

See tit. Admission.

one partner may disprove the authority of another to
draw a bill on the partnership for his separate debt,
in action between payee and acceptor; 55.
verdict on issue, evidence of partnership, when; 251.
notice of dissolution of partnership, how given; 324.
PARTY TO SUIT,

incompetent witness. See tit. Witness.

admission by, evidence against him. See tit. Admis-
sion.

compellable to produce papers in his possession,
when; 387.388.

PATENTS,

how pleaded, and given in evidence; 410.
PAYMENT,

evidence of, under non-assumpsit; 131.

presumptive evidence of; 187. See tit. Presumption.
of money into court; 149. See tit. Money.

on plea of payment of principal and interest, proof
that a gross sum was accepted as full payment; 161.
proof of tender and refusal, evidence to support an
averment of payment, when; 161.

admission of receipt of premium, in a policy of insur-
ance conclusive evidence of payment, between the
assured and underwriter; 118.

PEDIGREE,

evidence of. See tit. Hearsay. Herald's Books.
bills in Chancery, not evidence of; 282.
depositions, not evidence against a stranger;

190.

special verdict, whether evidence between
third parties; 253.

PENAL ACTION,

act of parliament, discharging the defendant, evidence
under nil debet; 240.

PERAMBULATION,

evidence of boundary of parish. 198.

PERJURY,

prof of, by a single witness, not sufficient; 112.
conviction of, incapacitates witness; 23. 30.

party injured, competent witness, on prosecution for ;

92.

proof of defendant's oath to answer in Chancery; 315.
several indictments against several,-defendant in one
case competent for defendant in another; 38.
on indictment for, in answer to a bill of injunction fil-
ed by B, B is competent; 40.

PETIT TREASON,

on indictment for, prisoner may be found guilty of
murder; 164.

PETITIONING CREDITOR. See tit. Bankrupt.
PILLORY,

punishment of, abolished, except for perjury, or subor-
nation of it; 25. (8)

PLACE,

variance in proof of; 174.

POLICY OF INSURANCE,

construed with reference to usage of merchants; 490.
not to be contradicted by usage; 491.

underwriter, competent witness; 39.
POLYGAMY. See tit. Bigamy.
POSSESSION,

prima facie evidence of property; 123.
ground for presuming a grant, when; Id.

POST,

proof of sending letter or writing by the post; 390,
POSTEA,

indorsed, not evidence of verdict; 311.

POWER,

evidence that cause was tried; Id.
may be produced by associate; 311.

deed under, how executed and attested; 413. 416.
.PREAMBLE,

of act of parliament. See tit. Act of, &c.
PRESCRIPTION,

bearsay, whether evidence of; 205.

presumptive evidence of legitimacy, 117.
from fact of birth during marriage; Id.

PRESUMPTION AND

DENCE, (continued.)

PRESUMPTIVE

EVI-

how rebutted; 117. 118.

of payment; 118.

of payment of bond, after 20 years; 119.

how rebutted; Id. See tit. Bond.

release of quit-rent not presumed from non-pay-
ment; 122.

possession prima facie evidence of property; 123.
grants, agreements, licence, presumed from usage;
123-130.

deed of composition not presumed merely from usage.

124.

grant presumed against reversioner, from permission
of tenant, when; 128.

circumstantial evidence, in criminal cases; 129.
presumption of law from presumption of fact; 129.
death presumed at the end of seven years; 159.
PRINCIPAL,

in second degree, charged as principal in first degree,
not a variance; 165.

charged as such, cannot be convicted as accessary;
Id.

conviction of, evidence against accessary, when; 248.
witness against accessary, on indictment for receiving
stolen goods; 33.

or for taking reward to help to stolen goods; Id.
PROBATE,

of will of personal property, what; 264.

conclusive of validity of will, when; 264.
may be shewn to be forged; Id.

of will of real property, not evidence of will; Id.
whether evidence to prove pedigree, 317.

or of the will in possession of the other
party; 318.

proof of will in ecclesiastical court; 317.
proof of revocation of probate; 318.

examined copy of probate; 317.

exemplification of probate; Id.
copy of ledger-book; 318.

PROCHEIN AMY,

not competent, in suit by infant; 49.
PROCLAMATIONS,

See tit. Gazette.

PRODUCTION,

of writing. See tit. Writing.