in action by women as, defendant cannot call the bus-
band to prove the marriage; 64.

on question of liability to repair, commoners not com
petent; 46.

chirograph, evidence of; 310.

copy of proclamations by chirographer, not evidence.
Id.

proclamations how proved; Id.

FISHERY,

entry of licences in court rolls, evidence for person
claiming under lord of manor; 202. 203.

though payment under the licences
not proved; Id.

FOREIGN COURTS, see tit. Admiralty.

sentence of, establishing a marriage, conclusive,
when: 270.

of acquittal on charge of murder; 270.

vacating acceptance of bill of exchange; Id.
prima facie evidence of debt, in action on for-
eign judgment; 270. 272.

limitation of this rule; 272.

when conclusive, and as to what points; 272.
proof of sentence; 319.

Foreign law, how proved, 443.

FORFEITURE,

conviction, not conclusive as to the time of offence,
unless specially found; 238.

FORGERY,

conviction of, renders incompetent; 23.

party injured, incompetent on indictment when; 93.
incompetent to prove forgery, 93.

or other material fact; Id.
may prove a fact merely collateral;

94.

Supposed drawer of note made competent by release
from the holder, when; 103.

supposed indorser not made competent by release
from the person to whom the bill was uttered, but
who had not given value for it; 103.

proof of writing being forged; 179. 429.

by witness acquainted with the writing of
supposed writer, 179.

by clerk of post-office; 429.

FORGERY, (continued.)

seal forged, proved by seal engravers; 227.
forged, instrument evidence, without stamp ; 455.
FRAUD,

conviction of, cause of incompetency; 24.
FRAUDS (Statute of,) see tit. Statute.

GAME-LAWS,

action or conviction on-

G

qualifications need not be disproved; 157.
party convicted, to be imprisoned only in case of
want of distress; 279.

GAZETTE,

evidence of public acts, when; 323.

evidence of proclamations, public addresses, &c. 323.
not of presentations, or promotions, &c.

324..

of dissolution of partnership, when; Id.
proclamation for reprisal, evidence of war; 323.
(Sec tit. War.)

proclamation in Gazette, reciting that outrages had
been committed, and offering rewards, evidence of
such outrages; 324.

GRANT,

ancient, explained by usage; 477.

possession of, to be shewn, when; 335.
presumed from length of possession; 124.
as against reversioner, when; 128.
co-extensive with the enjoyment; 127.

GUARDIAN,

See tit. Usage, Easement, Presumption

not competent, in action by infant; 49.
answer of minor by, evidence against guardian; 285.

H

HABEAS CORPUS,

writ of, for bringing up witness in custody; 12.
HAND-WRITING,

* proof of, by one who has seen the person write, 421,

or received letters from him; 423.

in case of Alg. Sidney; 422.

in case of the Seven Bishops; 427.

comparison of, not allowed; 427.

hearsay, evidence on question of pedigree, as to
state of family; 186.

declarations, papers, &c. in the family, recitals in
family deeds, &c. when evidence, 187.

declarations of deceased husband, as to legitima-
cy of wife, 183.

declarations of deceased parent, to prove time of
birth, 195.

not to prove place of birth, 195.

or want of access; 196.

declarations not evidence, if made post litem motam,

190. 192.

or if the relative alive; 188. 210.

depositions, or answer, in a former suit, not evi-
dence against a stranger; 189. 190.

hearsay of boundaries, or custom; 197. 198.
tradition of particular fact, not evidence.; 199.
limitation of this rule; Id.

on question of public right; 204.
not evidence of private rights. 205.

entry of receipt of rent by deceased person, not
evidence for one claiming under him, 203, 204.
evidence against such person; 207.

how proved; 209.

entry by deceased rector, as to ecclesiastical
dues; 199, 200.

death of rector when presumed, 201
entry in tradesman's book, evidence of delivery
of goods; 210. See tit. Tradesman.

declarations, or entries in books, against interest
206, 207.

by steward, &c. charging himself; 207.

by person, that certain goods were not his
property; 208.

by occupier of land, as to the extent of ad-
joining tenant's land; 209.

not evidence, if the person alive; 210.

testimony of witness in former trial, when evi-
dence, the witness being dead, or kept away

HAND-WRITING, (continued.)

by the other party; 214.

dying declarations, 215. See tit. Declarations.
declarations part of res gesta, when evidence;

218.

declaration by bankrupt, in ab-

senting himself, Id.

declaration by woman at the time
of elopement, 220.

declaration at the time of receiving

a bodily hurt, 219.

declaration by deceased, as to being relieved by
a parish, 196.

declarations by one since deceased, as to his state
of health; 196. 220.

declaration by agent.-See tit. Agent.

HERALD'S BOOKS,

evidence on question of pedigree; 336.
visitation books of counties, evidence; Id.
account of; Id.

HERIOT,

due by custom, though not expressed in lease; 485.
HIGHWAY,

See tit. Road.

HIRING,

declaration of deceased servant not evidence of; 196.
HISTORY,

general, when evidence; 338.

Speed's Chronicles; Id.

not evidence of private rights; 333.

Dugdale's Monasticon,

in action against, the party robbed is competent, 58.

to prove the robbery; Id.

not to prove other facts,

as the Venue; 59.

HUSBAND AND WIFE, (see also tit. Adultery. Feme

sole.)

of party to suit, incompetent for or against each oth-

er; 64.

HUSBAND AND WIFE, (continued.)
though divorced for adultery, 66.
or the other consent; Id.

:

declarations of wife not evidence against the man, 64.
nor for him; Id. (5)

not allowed to give evidence against each other in
criminal prosecutions; 66.

on proof of A.'s marriage, a witness may prove
a former marriage between himself and A. 66,

69.

the party calling a witness, may call his wife to
contradict him; 69.

on a question, whether goods are the property of a
man or his wife, he is not competent to prove the
latter fact; 65.

on indictment for conspiracy, the wife of one defend-
ant is not witness for the rest; 66.

exceptions to general rule; 70.

in prosecution for taking a woman by force and
marrying her; Id.

in case of bigamy, second wife competent after
proof of first marriage; Id.

in offences against woman's person; 70, 71.
wife may exhibit articles of the peace against
him; Id.

or apply for information; 71.

not witness against him in treason; Id.
declarations of wife, employed as agent, admis-
sible, 71.

dying declarations of wife, evidence against him,

71.

in action between third persons, where the wife's evi-
dence may lead to a demand against husband; 73.
in appeal against order of bastardy, married woman
may prove the criminal connection, 72.

but cannot prove non-access, Id.

in suit between third persons, wife may disprove her
marriage; 72.

woman, cohabiting and passing as wife, whether wit-
ness for the man; 73.

wife of bankrupt may be examined by commissioners,
when; 72.

answer by wife, whether evidence against her, after
husband's death; 285.