BANKRUPT, (continued.)

wife of, may be examined as to his effects. 69.
examination of bankrupt, evidence against him,
though the questions may have been irregular. 84.
BARGAIN AND SALE,

enrolment of. 407.

indorsement of, evidence of enrolment, when.
310. 407.

of freehold interest. 407. 408.

copy of enrolment of. 410.

"of chattel interest. Id.

copy of enrolment of, proof of deed against whom.

410.

BARON (Court,) (See tit. Manor-Court.)
rolls of. 333.

ancient writings to prove custom; 333. 334.
though not signed by a tenant. Id.
inspection of. 346. 347.

BARRETRY,

conviction of, cause of incompetency. 24.
BASTARD,

endeavour to conceal birth of, how and when punish-
able. 130. (*)

prisoner may be found guilty of concealment, wheth-
er tried on coroner's inquisition or on bill of indict-
ment. 131. (*)

BASTARDY, (See tit. Legitimacy.)
appeal against order of,

married woman competent to prove the crim.
con. 72.

not to prove any other fact, as
want of access, &c. Id.

witness not compellable to acknowledge him-
self the father. 223.

BIGAMY,

In prosecution for, second wife competent after proof
of first marriage. 70.

exception in stat. of, where either party beyond sea
for seven years, &c. 159. (*)

second marriage, after sentence of divorce or sentence
of nullity, not within the statute. 265,-

BILL OF EXCHANGE AND PROMISSORY NOTE,
acceptor may shew want of authority in the drawer to
draw the bill. 55.

on a question, whether the acceptor gave au-

BILL OF EXCHANGE AND PROMISSORY NOTE,
(continued.)

thority to the drawer to draw a particular
bill, a general authority for that purpose
may be shewn, 139.

acceptance vacated by sentence of foreign court. 270.
drawer of accommodation bill not competent for the
acceptor (the defendant) to prove, that an indorsee
(the plaintiff) took the bill for an usurious consider-

ation. 49.

Indorser, whether competent to prove the considera-
tion usurious; 35.

may prove the bill not available, for want of
stamp. Id.

BILL, in Chancery. See tit. Chancery.

BILL OF EXCEPTION,

what, and by whom to be had. 233, 234.

on trial at bar, or at nisi prius 233.
whether in criminal cases. 234.

not at quarter sessions. Id.

lies only where writ of error lies. Id.
BILL OF LADING,

signed by deceased master, evidence of property in
the consignee. 207.

BILL OF PARTICULARS, (See tit. Particular.)
BIRTH,

time of, proved by the dclaration of deceased parent,

195.

or by the declaration of surgeon who
attended. 196.

place of, cannot be so proved. 195.

BLANK,

parol evidence to supply, when. See tit. Evidence,
and tit. Ambiguity.

BOND, (See tit. Non est factum.)

alteration or rasure by obligee, avoids the bond. 183.
non est factum, evidence under. 182. See tit. Non
est factum.

BOND, (continued.).

BOOK,

private

by indorsement by obligor,
or by obligee, Id.
by admission of debt, Id.
by residence of obligee
abroad for 20 years.
119. (6).

of rector deceased, evidence of ecclesiastical
dues. 199. 202.

of corporation. See tit. Corporation.

of tradesmen, when evidence of delivery of
goods. 210. 214. See tit. Tradesman.

notice to produce. 394.

rule to produce. 388. 389.

public,

of bank to prove transfer of stock. 330.

of Master's office in K. B. to prove a person
attorney. 330.

of navy office, to prove death of a sailor. Id.
of parish, for copies of rates, 329.

for recording indentures of appren-
ticeship; Id.

to prove election to public office,
330.

of prison, to prove time of commitment. Id.
not to prove the cause. 331.

logbook of ship, to prove time of sailing. 330.
Lloyd's books, evidence of a capture of ship.

331.

poll-books at election. Id.

official paper at the customs, containing an ac-
count of a ship's cargo. Id.

office-book of secretary of bankrupts. Id.
inspection of. 345.

entry in, how proved. 338.

day-book, not evidence to contradict parish-
register, 332.

BOUNDARY,

of prison, evidence, when. 331.

hearsay, evidence of. 197. 198.
perambulations, evidence of. 198,

BRIBERY,

information on statute against,

party bribed, competent witness.
33.

promissory note given for bribe,
evidence though unstamped.
454.

BROKER, (See tit. Agent.),

of policy, competent, though he has signed as
underwriter. 39.

entry of in his book, evidence of bargain, 385.
bought and sold notes. Id.

BURGLARY,

on indictment for burglary and for larceny, if no
burglary proved nor larceny proved at the
time of the supposed burglary, evidence of a
larceny on a former day is not admissible. 142.
prisoner may be acquitted of the burglary, and
found guilty of the larceny. 164.,

BURNING in the hand,

benefit of clergy without, when. 26. 27.
competency of witness restored by it, 26:
proof of the burning. 27. 28.

other punishment, in lieu of, 27.

BUSHEL,

sale of corn by any but Winchester bushel, illegal.

488.

C

CAMDEN,

history, whether evidence of a custom. 338.

CARRIER,

delivery to. 382.

effect of payment of money into court, in action
against. 151.

CERTIFICATE,

of ordinary, as to legality of marriage. 262.

of English vice-consul abroad, not evidence of amount
of sale of goods. 306.

of parish, signed by three officers, but sealed only by
two, bad. 416.

CHANCERY,

decree, not made against defendant's answer contra-
dicted by a single witness. 60. 115.

evidence against whom, and of what. 281.

CHANCERY, (continued.)
proof of; 313. 314.

previous proceedings, when to be proved.

314.

proof of ancient decrees. 309, 310.

bill, when evidence and of what. 282.

not evidence of pedigree. Id.

answer, evidence against the defendant; 283. 284.
how far evidence for him, when produced by the
other party. 284.

taken altogether, not in parts. 283.

evidence for defendant, in issue on bill for discov
ery, when. 60.

of defendant, not evidence against co-defendant.
285.

of minor, by guardian, not evidence against him.
Id.

of occupier of land, evidence against a succeed-
ing occupier, in tithe-cause; 284. and exam-
ined copy of the answer, sufficient. 285.

of partner, evidence of joint debt against co-
partner, Id.

not evidence of the partnership. 285.

of wife, whether evidence against her, after hus-
band's death. 285.

proof of answer, 314.

bill to be proved, to let in the answer.
Id.
examined copy of, sufficient proof; Id.
swearing of answer presumed; 315.
on indictment for perjury, otherwise,
Id.

so, in action for malicious prosecu
tion. 315.

depositions, evidence between what parties, and
when; 286. 287.

not evidence for deponent, though made
without interest. 287.

in question of pedigree, not evidence
against a stranger, when the same point
is in issue. 188.

evidence of custom, tolls, &c. 193. 287.
unless post litem motam. Id.

not evidence for or against a stranger
287.