DEED, (continued,)

proof of party's signature, when sufficient

420.

need not be proved, when; 404,

1. deed 30 years old; Id.

custody of to be shewn, when; Id.
2. deed enrolled; 407. See tit. En-
rolment.

3. recital, when evidence against
the party to reciting deed. 410.
4. deed produced under order of
court; 411.

mistake in, when rectified in equity. 511.

parol evidence, not admissible to vary or add to ; 480.

487.

1

except in case of fraud, &c. 483.484.
another consideration may be shewn;
481. See tit. Consideration, and
Evidence.

or different day of delivery, 485.

notice to produce. 386. See tit. Notice.

produced under notice, proved by the other party
when; 396.

when not; 397.

counterpart, evidence against the party, without no-
tice to produce the original. 392.

profert dispensed with, when; 403.

secondary evidence of, when admissible; 398-403.
in the case of ancient writings. 401.

proof of the loss, &c. of written instrument;
399.

DEFAULT,

judgment,by, its effect, as an admission; 148.

after judgment by default of one defendant, the plain-
tiff cannot be nonsuited as to the other defendant;
149. (2)

defendant, after judgment by default, not competent
for or against a plaintiff, in action on joint contract.

62.

DEFENDANT,

competent for co-defen.
dant in trover 68

admission of. See tit. Admission.

༞

act of one person, evidence against others, in case of
conspiracy, &c. when; 76.

discharged and made witness, when; 61.

DEFENDANT, (continued.)

submitting to fine, on indictment for assault, may
be witness for another defendant; 62.

suffering judgment by default, in case of misde-
meanor, Id.

nor, in action on joint contract not wit
ness for or against plaintiff; Id. .
if one defendant pleads bankruptcy, and the others
plead the general issue, he cannot give evidence
for the rest; 62.

.

intrespass, witness for another, when the trespasses
are different; 62.

in trover, defendant, suffering judgment by default,
may be witness for co-defendant. 63.

in ejectment, how made witness; 63.

> witness made defendant by mistake-may be struck
out; Id.

in an information, nolle prosequi entered;
Id.

DELIVERY,

what tantamout to, when goods are ponderous; 380.
evidence of from the acts of the buyer. 381.

to carrier; 382.

DEMAND,

-particular of. See tit. Particular.

DEMURRER TO EVIDENCE,

what; 234.

facts admitted; 235.

counsel for the crown not compellable to join. Id.
not allowed in the king's case; Id.

under the control of the Court. 236.
DEPOSITIONS. See tit. Examinations. 1

de bene esse, 13.

by consent; 13, 290.

when evidence; 290

to perpetuate testimony, not objectionable because
the interrogatories were leading; 287.

on question of pedigree, not evidence against a stran-
ger to the first suit; 186, 192.

evidence of custom, when; 193, 287.

not evidence of custom against strangers, where the
same point is in issue; 192.

where the point in issue is not the same, they are evi-
:dence; 192.

it need not be proved, that the persons who made such
depositions stood in the situation in which they pro-
fess to stand; Id.

referring to written documents those documents to
be considered part of the deposition; 2945
in Chancery. See tit. Chancery0 0 10
in ecclesiastical court, 304.

before commissioners of bankrupt. See tit. Commis-
before commissioners of excise. O sioners.MOU
before coroner, under stat. Ph. and M., 298.990
must contain the effect of the evidence;

Id.

to be certified together with the inqui-
sition; Id.

taken upon oath; 87.

need not be, taken in the presence of
prisoner; 298.

evidence on trial of prisoner, when;
298, 299.

before magistrate, under stat. of Ph. & M. 295.
in case of felony, how taken; Id.
how certified and transmitted; 295.
need not be signed by deponent; 296.
deponent must be sworn, 87.
party charged not sworn; Id.

if his deposition purport to have been
taken on oath, it cannot be read;
and evidence is not admissible, that
he was not sworn; 87. (2) *
evidence against prisoner, when; 295,

296.

in misdemeanors or civil cases, not evi-
dence; 296.'

in petty treason, not sufficient to con-
vict of the treason, but will support
smiga conviction for the murder; 296, 297.
evidence for prisoner, to contradict wit-
10 15ness; 297.

prisoner has no right to copy of; 342.
conviction, purporting to set out depo-
sition, not evidence; 230.

of pauper. See tit. Examination.

of witnesses abroad or going abroad, when evidence;

290..

of witness in India; Id.

proof of deposition; 315.

office copy, not evidenee in other courts; 316.

DEPOSITIONS, (continued.)

copy attested by judge's clerk. 310. le
depositions in Chancery evidence as admissions,
or to contradict, without proof of bill and an-
swer; 315.

DEVISE. See tit. Willard to senolesimato
DOMESDAY-BOOK, laxe o notatiomos
account of; 320. 181 tabus Tonton sot
when evidence; Id. ads on Ja

baronage not evidence to prove a descent; 338.
monasticon, not evidence as to the order of a moras-,

E

EASEMENT,

grant of presumed from 20 years enjoyment, 125.
as against the reversioner, when; 128.
presumed from shorter enjoyment, when,

11

126.

ECCLESIASTICAL COURT,

suit in,

7

number of witnesses to prove a fact; 116.
proof of temporal matter arising incidentally. Id.
depositions in, when evidence; 304.

sentence 265.
of ; 261,

of nullity, or in affirmance of marriage, con-
TOL LOR, 1 clusive on questions of legitimacy, when;"

262.

conclusive on trial for polygamy;

265.

in a cause of jactitation, evidence in eject-

ment;

not conclusive; 263.

much less, in criminal

prosecutions; 265..

evidence between what parties; 262.,

when conclusive as to all; Id.

impeachable for fraud; 266.

on validity of will, and right of administra-

ECCLESIASTICAL COURT, (continued.)

tion, conclusive; 264. See tit. Probate

proof of sentence; 316.

ledger-book, when evidence; 318.

EJECTMENT,

judgment in, conclusive in action for mesne profits
when; 243.

tenant in posession not competent for defendant, unde:
whom he holds; 48, 53.

witness, who is to have a lease of the lands (if recov
ered), not competent for the plaintiff; 49.

witness, called by defendant, not competent to prove
himself the real tenant and defendant his bailiff; 53.
notice to quit at a certain time, served personally and
not objected to, evidence of the time of entry ; 85.
proved by duplicate original; 395.
if attested, proved by subscribing
witness; 412.

ELEGIT,

of bargain and sale, under stat. of H. 8; 310, 407.

indorsement, when evidence of, 310.

copy of, when evidence of execu-
tion; 407.

of other deeds, when evidence; 410.

ENTRY,

in books, by receiver of money, against interest; 207.
ESTOPPEL,

by judgment or verdict, when; 244, 245,
EVIDENCE,

admissibility of a question for the judge; 15.
written or unwritten; 237.

.

writings, public or private;

public, of record or not of record;
public writings not of record, judi-
'cial or not judicial; Id.

bill of exceptions.to. See tit. Bill of Exception.
demurrer to. See tit. Demurrer to Evidence.
presumptive. See tit. Presumption.
general rules of evidence.

1. Evidence confined to points in issue; 131.
under plea of non assumpsit; 131. See tit. Non-as-
sumpsit.