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VICE-CONSUL,

certificate of, abroad. 288. See tit. Certificate.
VIDELICET,

effect of, in pleading. 163.

VOIRE DIRE, see tit. Witness.

objection, arising on, may be removed on the same. 96.

WAGER,

W

in action for, one who lays a similar wager is competent.

99.

on event of prosecution, will not make witness incom-
petent. 102.

WAGES,

WAR,

in action for by seamen, the contract to be produced by
the defendant. 337.

articles of, how proved. 305.
WARRANTY,

action in tort for breach of warranty of goods - plaintiff
need not prove that defendant knew the goods to be
in an unfit state, though so averred. 159.

the substantive parts of the warranty to be stated
and proved. 161.

WAY, see tit. Road.

public right of,

hearsay, evidence of; 189.

verdict, evidence, though between other parties.
233.

private right of,

hearsay, whether evidence of. 190.

usage, evidence of. 120.

extent of right limited by the usage. 122. 123.
use of way for carriages, evidence of a grant
of drift-way. 123.

WAY-GOING CROP,

by custom, though not expressed in lease. 429.
WIFE, see tit. Husband and Wife.

WILL,

of personal property,

proof of in ecclesiastical court; 245. 293.
probate, evidence of, 245. See tit. Probate.
ledger book of ecclesiastical court, 300.

copy of. 300.

of real property,

requisites of, by stat. of frauds. 374.

of copyhold, requires neither attestation, nor signing.
Id.

exemplification of, not evidence; 377.

LI

probate

513

514

WILL, (continued)

probate of, whether evidence to prove a pedigree; Id.
as secondary evidence. 378.

proof of, by subscribing witness; 378.
single witness, sufficient, at law; Id.
rule in chancery. Id.

"credible witnesses," who, within 5th section of
stat. of Frauds; 375.

convicted of infamous crime, not good
witness. 376.

interested under will; Id.

whether competent, after release; Id.
devise to witness, void. 376.

creditor may attest, though will charged
with debt. 376.

subscribing witness, what to prove; 378. 383.

may prove the will forged. 32.

signing; 379.

in any part of will,

of part, intending to sign the whole,
by mark,

stamped name,

by seal, insufficient; 379. 380.

testator blind. 380.

attestation; 380.

need not express that they subscribed
in the testator's presence; 381.
witnesses need not see testator sign; 380.
381.

if he acknowledges his will, sufficient.
381.

need not all attest at the same time; Id.
nor attest every page; 382.
whole will to be present. Id.

by mark. 381.

in presence of testator, 382.

if he might see the attestation, suf-
ficient. Id.

execution, how proved, when subscribing witness
dead, insane, or abroad; 383.384. 385.

when handwriting cannot be proved. 385.
will 30 years old, whether to be proved. 385.
if witnesses deny the due execution, they may be
contradicted. 384.

will impeached for fraud - evidence is admissible
of what testator said at the time; 428.

if impeached by witness, who imputes fraud
to the other subscribing witnesses de-
ceased, evidence of their good character
admissible. 385.

ambiguity in will, when explained by parol evi-
dence; 410.411.417.

See

WILL, (continued)

WITNESS,

See tit. Ambiguity, and Evidence.

mistake in will, as to devisee's name, or descrip-
tion of property, when explained. 411. 412.
413.

trust in will raised by parol evidence, when. 460.

attesting to deed; See tit. Deed.

to will. See tit. Will.

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deceased, testimony of, when evidence. 199.
depositions of. See tit. Deposition.
attendance of, to give evidence, at trial. 2.
mode of procuring attendance,
in civil cases, 2.

subpoena ad testificandum,

how many may be put in one writ; 4.
service of. 4.

duces tecum. II.

before commissioners of bankrupt, 6.

in criminal cases; 7.

of inclosure. 7.

subpoena ad testificandum,

service of in different parts of the king-
dom. 8.

recognizance. 7.

habeas corpus

ad testificandum; 9.10.

when the writ lies,

how sued out and served; 9. 10.

for prisoners to come before commissioners, 10.

expences of witness in civil cases; 3.

in criminal cases. 8. 9.

privilege of, from arrest, on trial, 5.6.

before arbitrator, 6.

before commissioners of bankrupt;
Id.

in going and returning. 5.

proceedings against, for non-attendance; 4. 5.

attachment,

action on case for damages,
or on stat. 5 Eliz. Id.

incompetency of; from

1. Want of understanding. 13.

insane, idiots, lunatics;

deaf and dumb, how to give evidence:

children, when competent. 14. 15.

their declarations, not upon oath,
not evidence. 15.

2. Want of religious principle. 16.

what he ought to believe;

atheists, infidels, incompetent. 17.

excommunication, not a ground of objec

tion. 18.

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515

WITNESS, (continued)

oath, how administered. 19.

Quakers may affirm, when. 20.
See tit. Quakers.

3. Infamy of character; 22.

what offences incapacitate, 22. 23.
proof of, by record of judgment. 24.
competency, how restored, 24.

purgation, ancient doctrine of, 17.
benefit of clergy, and burning in hand.
25.26.

pardon. 27.

who entitled to clergy without
the burning; 25. 26.

proof of. 26.

under great seal,

by act of parliament, Id.

if conditional, performance to be
shewn. 27. 28.

when disability part of sentence.
Id.

warrant under privy seal, insuf-
ficient. Id.

accomplices, competent. 28.
See tit. Accomplice.

witness giving evidence to avoid his own
instrument, not incompetent. 33.

4. Interest renders witnesses incompetent. 34.
reason of the rule. 34.

objection when to be made. 96.

of the nature of the interest which disqua
lifies. 36-56.

interest, in the question,-in the
event of the suit. 36.

wishes, or bias on the subject, ex-
pectation of benefit, &c. 36-38.
several actions of assault, or several
indictments for perjury,- defend-
ant in one competent for a defend-
ant in another. 37.

one underwriter competent for an-

other. Id.

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WITNESS, (continued)

liability to action or information,
not sufficient objection; 40.
persons in office,

executor de son tort,

trustees, agents. 40.

witness thinking himself interested.

41-43.

honorary engagement to pay costs.

42.

1. Where a verdict may be evidence for or against
a witness, he is incompetent; 43. 44.

as on question, of customary right of com-

mon, 44.

of way-going crop, 44.

of liability to repair fences
contiguous to a common,
44.

of parochial modus, 45.
of common by vicinage; 45.
otherwise when the right is
merely prescriptive. 45.
defendant's bail not competent, 46.
sheriff's officer giving security, &c. Id.
prochein amy or guardian, Id.

servant incompetent to disprove his own
negligence in action against his master,
46.

after proof of sale of goods to defendant
and J. S. as partners, J. S. is not com-
petent to prove the sale to himself alone.
46.

in action by indorsee against acceptor, the
drawer of an accommodation bill is not
competent witness for defendant to
prove, that plaintiff took it for usurious
consideration, 46. 48. 49.

in ejectment, the tenant in possession is
not competent for defendant under
whom he holds, 48.

one who is to have a lease of the lands, if
recovered, not competent for plaintiff.
48.

2. Where witness directly gains or loses by the
event, he is incompetent, 49. 50.

however small the gain or loss. 52. 53.
witness not competent, who has to pay, or
be paid, on the event. 48. 49.

devisee taking under the same will. 51.
bankrupt not competent to increase the
fund. 51. See tit. Bankrupt.

8

creditor

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