WITNESS, (continued.)

defendant, when and how to be made witness; Id.
See tit. Defendant.

husband and wife of party to the suit incompetent;
64. See tit. Husband and Wife.

admissions of party, evidence against him; 74.
See tit. Admission.

party injured, competent in criminal prosecutions;

91.

See tit. Prosecutor.

exceptions to general rule, on the subject of interest.
96.

informers, competent, when, 96, 97.

inhabitants of county, parish, &c. when ; 97.
See tit. Inhabitant.

surveyor of parish, in prosecution under high-
way act; 98.

persons entitled to reward on conviction; 99.
agents, servants, factors, when competent; 99.
competency of interested witness, restored, how; 101.
by release, payment, &c. 102, 103.

release on trial of forgery; 103.
release of residuary legatee; 103, 104.
competency of bankrupt, how restored, 103.
of creditor of bankrupt; Id.

of member of corporation, 104.

by resignation or disfranchisement;
Id.

release, when unnecessary; 104.

See tit. Release.

objection to competency, when to be made; 101.
examination of,

on interrogatories, 13.

of prisoner of war, Id.

of witness resident abroad, Id.

in India, 14.

going abroad; 12.

by consent; 13.

leading question, allowed in cross-examination, 221.

222.

when, in examination in chief; Id.
what are leading questions. Id.

privileged from answering, when; 225.

to expose himself to criminal charge,

or penalty, 222.

or forfeiture of estate. 225.

WITNESS, (continued.)

not compellable to declare his own infamy; 223—

225.

not privileged, if his answer would only subject
him to a civil action, 225.

op voire dire; 101.

or charge him with a debt; Id.

witness may be examined as to the contents
of writings; 101.

cross-examination of, rule as to; 227.

not to collateral, irrelevant facts; Id.

what questions are irrelevant; 227.228.
witness, called and sworn, but not examined,
may be cross-examined; 228.

whether, after cross-examination, a party.
may recall the witness to prove his case,
and put leading questions; Id.

books, called for and produced, but not used,
are not therefore evidence for the party
who produces, 228. 229.

but are evidence for him, if inspect-
ed, though not used; Id.

credit of, how impeached; 229.

by witness to his general character, 229.
by disproving the facts stated by him, Id.
by proof of contradictory statements; 230.
proof that he affirmed the same thing on
former occasions, whether admissible
in answer; 230.

evidence to prove witness guilty of felony or
other crime, not admissible; 229.

depositions signed by witness, evidence to con-
tradict; 297.

conviction, purporting to set out his deposi-
tion, not evidence; 230..

party calling, oannot discredit him by evidence
of his general bad character; 232.
may disprove facts; Id.

number of witnesses, to prove a fact; 112.

in trial for perjury; Id.

in treason; 113. See tit. Treason.
in courts of equity; 115.

in ecclesiastical courts; 116.

memorandum to assist memory; 226.
opinion of witness, when evidence; 226.
WORDS,

action for. See tit. Libel. Slander

WRIT. See tit. Sheriff.

return of sheriff, upon evidence of the fact; 80. 312.
suing out, how proved; 311. 312.

when only inducement,

when the gist of the action; Id.

fieri facias, without proof of judgment, evidence,
when. 312.

proof of title under elegit; 312.
of habeas corpus ad testificandum,
of subpoena ad testificandum,
duces tecum.

WRITING. See tit. Evidence.

how proved to be forged; 179. 429.

See tit. Witness.

by witness acquainted with writing of the sup-
posed writer, 179,

by clerk of post-office; 429.

ancient, when evidence; 333.

proper custody of, to be shewn ; 335. 401. 404.

public, not judicial; 320. &c.

inspection of; See tit. Inspection.

proof of entry in ; 338.

private. See tit. Deed. Evidence.

copy of, when evidence; 389. 398. 401.
secondary evidence of ancient writings,
when admissible; 401.

parol evidence of writing; Id.
duplicate original; 395.

process for compelling production; 14. 387.
party, when excused from produ-
cing; 386.

notice to produce; 386. 387. See tit. Notice,
proof of writing in a party's possession; 390.
rule of court to produce, to get the writing
stamped; 388.

rule for inspecting and taking copy. 388.
judge's order for producing, in action on
policy; 389.

proof of written instrument; 411. &c.
handwriting how proved. See tit. Hand
writing.

THE END,

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