VICE-CONSUL, certificate of, abroad. 288. See tit. Certificate. 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- WAGES, WAR, in action for by seamen, the contract to be produced by articles of, how proved. 305. action in tort for breach of warranty of goods - plaintiff the substantive parts of the warranty to be stated WAY, see tit. Road. public right of, hearsay, evidence of; 189. verdict, evidence, though between other parties. private right of, hearsay, whether evidence of. 190. usage, evidence of. 120. extent of right limited by the usage. 122. 123. WAY-GOING CROP, by custom, though not expressed in lease. 429. WILL, of personal property, proof of in ecclesiastical court; 245. 293. copy of. 300. of real property, requisites of, by stat. of frauds. 374. of copyhold, requires neither attestation, nor signing. exemplification of, not evidence; 377. LI probate 513 514 WILL, (continued) probate of, whether evidence to prove a pedigree; Id. proof of, by subscribing witness; 378. "credible witnesses," who, within 5th section of convicted of infamous crime, not good interested under will; Id. whether competent, after release; Id. creditor may attest, though will charged 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, stamped name, by seal, insufficient; 379. 380. testator blind. 380. attestation; 380. need not express that they subscribed if he acknowledges his will, sufficient. need not all attest at the same time; Id. by mark. 381. in presence of testator, 382. if he might see the attestation, suf- execution, how proved, when subscribing witness when handwriting cannot be proved. 385. will impeached for fraud - evidence is admissible if impeached by witness, who imputes fraud ambiguity in will, when explained by parol evi- See WILL, (continued) WITNESS, See tit. Ambiguity, and Evidence. mistake in will, as to devisee's name, or descrip- trust in will raised by parol evidence, when. 460. attesting to deed; See tit. Deed. to will. See tit. Will. deceased, testimony of, when evidence. 199. subpoena ad testificandum, how many may be put in one writ; 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- 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; in going and returning. 5. proceedings against, for non-attendance; 4. 5. attachment, action on case for damages, 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, 2. Want of religious principle. 16. what he ought to believe; atheists, infidels, incompetent. 17. excommunication, not a ground of objec tion. 18. 515 WITNESS, (continued) oath, how administered. 19. Quakers may affirm, when. 20. 3. Infamy of character; 22. what offences incapacitate, 22. 23. purgation, ancient doctrine of, 17. pardon. 27. who entitled to clergy without proof of. 26. under great seal, by act of parliament, Id. if conditional, performance to be when disability part of sentence. warrant under privy seal, insuf- accomplices, competent. 28. witness giving evidence to avoid his own 4. Interest renders witnesses incompetent. 34. objection when to be made. 96. of the nature of the interest which disqua interest, in the question,-in the wishes, or bias on the subject, ex- one underwriter competent for an- other. Id. WITNESS, (continued) liability to action or information, 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 as on question, of customary right of com- mon, 44. of way-going crop, 44. of liability to repair fences of parochial modus, 45. servant incompetent to disprove his own after proof of sale of goods to defendant in action by indorsee against acceptor, the in ejectment, the tenant in possession is one who is to have a lease of the lands, if 2. Where witness directly gains or loses by the however small the gain or loss. 52. 53. devisee taking under the same will. 51. 8 creditor |