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PROFERT,

of deed, dispensed with, when; 403.

bargain and sale pleaded with,-copy of enrolment
may be shewn; 407.

PROMISE,

to answer for another's debt, default, &c. 359. See
tit. Stat. of Frauds.

PROSECUTOR,

competent witness; 91.92.

though entitled to reward or penalty; Id.
general rule; 91.

exception in case of forgery; 93.

in case of forgery, (see tit. Forgery.)

party injured not allowed to prove any ma-
terial fact; 93. 94.

competent, if not liable on forged instru-
ment, 94.

as cashier of Bank of England, Id.

or where the banker has not debited
the party, Id.

or after release; Id.

PUBLIC BOOKS. See tit. Books.

entry in, proved by examined copy; 338.
inspection of. See tit. Inspection.

PUBLIC RIGHTS,

proof of, by hearsay; 197. 204.

verdict evidence of, though between other parties

252.

PURGATION,

ancient doctrine of; 26.

its effect in restoring competency; Id.

Q

QUAKERS,

may affirm in civil cases; 22.

not in criminal cases; Id.

what criminal, within the rule; Id.
in criminal cases, in their own defence; 23.
QUALIFICATION,

in action on game laws, plaintiff need not disprove;
157.

need not be disproved in proceedings on conviction
before magistrate; Id.

QUARE IMPEDIT,

hearsay not evidence of presentation; 206.

INDEX.


RAPE,

on indictment for, the woman not compellable to an-
swer as to her criminal connection with other men;
222.

such evidence not admissible; Id.
her general bad character for want of chastity may
be shewn, 147.

or her previous connection with the prison-
er, Id.

the account given by her, immediately after the inju
ry, admissible; 219.

RATE,

book for copies of, how kept; 329.

RATED INHABITANT. See tit. Inhabitant.

RECEIVER,,

entry by, of receipt of rents, 207.

proof of entry; 210.

RECITAL,

in deed, when evidence against the party; 410.
RECORD,

what; 237.

when complete; 309.

not to be contradicted; 237. 238.

evidence, that the verdict was entered by mistake,
not admissible; 237.

not conclusive as to facts averred, when the facts are
not traversable; 238.

nor, as to the time of the offence; Id.

keeper of the records may speak to their condition;

237.

inspection of record; 339.

Admissions on record, need not be proved; 147.

issue on nul tiel record, how proved; 307.

variance in proof of record; 171. See tit. Variance.

proof of record, by exemplification; 307.

by examined copy; 309.

how proved to be examined; 309.

when ancient record has been lost;
309.

office copy of record; 309.

copy of judgment, signed by master, not evidence;

309.

RECOVERY,

deed to make tenant to the writ of entry when evi-
dence of, 313.

RECTOR,

books of deceased, evidence for his successor, when;
199-202.

REGISTER,

of navy office to prove a sailor's death; 330.
of parish. See tit. Parish.

of ship. See tit. Ship.

RELEASE. See tit. Witness..

of interest, restores competency of witness; 102.
unnecessary, 1. where the witness offers, but the
other party refuses; 104.

2. where he has acquired an inter-
est, to deprive a party of his tes-
timony; 105.

3. where he has an equal interest
inclining him to each side; 107.

release, in prosecution for forgery. See tit. For-
gery.

release to bankrupt. See tit. Bankrupt.

residuary legatee is not rendered competent, in
action by executors to recover a debt by re-
leasing all claim to the debt; 103.

REPUTATION. See tit. Hearsay.

RENT ROLLS,

old when evidence; 202.

RES GESTA,

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persons entitled to, on conviction, not incompetent;
32. 33.

cases, in which rewards are given; 91. (*)
ROAD. See tit. Boundary.

on indictment for not repairing, verdict of guilty is
conclusive against the parish, 243, and strong evi-
dence against other parishes; 251. 253.

defendants may shew, under plea of not guilty, that
the parish has been exempted from repairing by act
of parliament; 240.

on a question whether the occupier of particular land
is liable to repair, an award between a former oc-
cupier and the township is not evidence; 192.
ROBBERY,

on indictment for, prisoner may be convicted of sim-
ple larciny; 164.

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signed by proper officer, good evidence. 310.

S

SALE,

after proof or sale to goods of defendant and J. S., J.
S. is not competent to prove the sale to himself

alone. 49.

action for sale of lands. See tit. Stat of Frauds.
memorandum of sale by auction. 385.

SEAL,

of the king, or public courts of justice, need not be
proved. 308. 309.

of private or foreign courts, how proved. 309. 319.
of corporations, how proved. 309.

SEALING,

of deed. See tit. Deed,

SEISIN,

of devisor, proved by declaration of deceased occu-
pier. 197. 209.

SENTENCE,

of courts. See tit. Judgment.

SERVANT,

incompetent to disprove his own negligence in action
against his master. 45. 46.

competent in action by his master, to prove delivery
of goods, &c. 99.

SESSIONS,

not to prove acts done by him out of the
course of his duty, when. 100.

order of, confirming order of removal, conclusive as to
all parishes; 250.

discharging, conclusive only that the settle-
ment was not with the respondent's. 250.

SETTLEMENT,

by purchase of estate,

parol evidence may be admitted to shew that
the purchaser agreed to pay more
than 301., though the deed express-
es less; 482.

or that less was paid than is expressed. 484.

SHERIFF. See tit. Under-sheriff.

officer, indemnifying him, not competent witness for
him. 49.

admission of, as to custody of debtor in exe、
cution, evidence against sheriff, when; 79. 80.
See tit. Agent, and Admission.

copy of warrant, not sufficient proof of agency of un-
der-sheriff, 30.

bond of indemnity, not sufficient; Id.

authority from the sheriff shewn by the warrant, Id.
or by his recognition of the bailiff; Id.

what recognition sufficient. Id.

return of, on the writ, evidence of the facts there
stated. 312.

inquisition by sheriff. 301.

act relative to sheriff's bonds. 239.

SHIP,

property in, proved by possession as owner. 329.
log-book of, evidence of time of convoy's sailing. 330.
register of, evidence of want of title, when; 327. 328.
not evidence of property, unless recog-
nised. 327.

conclusive, that persons not named therein are
not owners. 326.

articles, to be produced by defendant, in action for
wages. 387.

SHOP-BOOK. See tit. Tradesman.

entry by deceased shopman, when evidence; 210.
by the master, not evidence; 211.

SIGNING,

may be used as a memorandum. Id.

of deed, or will. See tit. Deed. Will.
SLANDER. See tit. Libel.

proof of the substance of the words, sufficient. 162.
against person in professional capacity, when neces-
sary to prove his qualification. 181. 182. -

other actionable words, when evidence. 140. 141.
SOLDIER,

examination of, under mutiny act, when evidence.
303. See tit. Examination.

SOLICITOR,

not allowed to give evidence of professional commu-
nications of his client. 108-110.

See tit. Counsel.

SOLVIT AD DIEM,

See tit. Bond.

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