in action for, other libels when evidence; 140, 14 LICENCE, magistrate's clerk not compellable provisions of St. 38 G. 3. c. 78. co affidavit, according to the form pre if the affidavit purporting to be sworn from the crown, how proved. 177. old licences from lord of a manor, for fishing, &c. 202. LUNACY, coroner's inquest, 300. See tit. Inquisition. M MAGISTRATE, action against, proof of notice, 395, conviction by. See tit. Conviction. depositions taken by. See tit. Depositions. compellable by order of court to grant copy of con MAHOMETAN, may be witness, 19. to be sworn on the Koran, 21. MALICIOUS PROSECUTION, in action for, general bad character of plaintiff may copy of indictment, how obtained, 340. MANOR, custom of. See tit. Custom. survey of. See tit. Survey. proof of custom in one manor not evidence of a cus- otherwise, on a question of tenure in a MANOR COURT, district of manors; 136, 137. proceedings in, evidence between whom; 305. rolls of, evidence between the lord and his tenants; ancient writings of, evidence of descent, though not inspection of court rolls; 347. See tit. Murder. MARRIAGE,, hearsay of, in Tamily; 186. legality of, determined by ecclesiastical courts direct- by courts of common law incidentally; Id. proof of, on real writs; 262. by parish register; 325. not by Fleet books; 326. nor by register in Guernsey, or foreign chap- sentence of ecclesiastical court, annulling; 262. in foreign country, established by sentence in foreign. MEASURE, sale of a number of acres of land generally, means sale of corn by the bushel means by the Winchester 92 MEMORANDUM, written, to refresh memory; 226. agreement unsigned, used as; 178. MERCHANTS' BOOKS. See tit. Tradesman. judgment in ejectment conclusive of right of posses- MISTAKE, in deed, rectified in equity, when; 511. of damages, what evidence allowed in; 145, 146. on question of,persons liable to tithes not competent. proof of, by usage; 124. de non decimando, not proved by usage alone; Id. proof that a particular person paid so much in lieu of MONEY, payment of, into Court-its effect; 149. MURDER, money cannot be recovered back, though admission of legal demand; 149, 151. dispenses with proof of hand-writing, in action against a carrier; 151 dispenses with proof of written agree- plaintiff may be nonsuited, though he proof of such payment: 152. conviction of, on indictment for petit treason; 164. MURDER, (continued.) manner and means of killing, as proved, must agree on indictment for murder of officer in execution of his evidence on a general indictment; Id. acquittal in foreign country may be pleaded in bar; N NAVY-OFFICE, book of, evidence to prove sailor's death; 380. of issue, when to be proved; 158. NEWSPAPERS. See tit. Libel. provisions of stat. 38 G. 3. c. 78., concerning proof NICHOLAS (Pope), taxation by, account of; 321. evidence of value of livings; Id. NOLLE PROSEQUI, to make defendant witness; 63. NON-ACCESS. See tit. Access. NON-AGE, declaration of deceased parent, evidence of; 195. evidence under plea of; 131. performance-payment-release; Id. accord and satisfaction; 131. that defendant contracted with plaintiff and that plaintiff, suing as feme sole, was married or that defendant sued as feme sole, was then or that defendant sued as feme covert, was what not evidence under; 132. statute of limitations; Id. that others besides defendant are liable; 132, NON EST FACTUM, evidence under plea of; 132. lunacy, or intoxication at the time of execu- tion; 133. defendant a feme covert, IJ. deed delivered as an escrow, &c. Id. what not evidence under; 133. proot of gaming-sale of office-simony, &c. 134. payment-release-infancy-duress; 133. plaintiff cannot shew the deed lost, after pleading pro- no ground of variance, that there are joint obligors. 132. though a bond is declared on as a joint bond, the de- NOTICE, of action, proof of, by duplicate original; 395. how it differs from subpoena duces tecum; 336. effect of notice; 389. party, when compellable to produce; 337, 389. if a trustee; Id. in action by seamen for wages; Id. when the other party is interested in the proof of notice; 394, 395. after proof of, contents of paper how proved; 389. not necessary, where nature of action is suffi- as, in trover for bond, Id. or prosecution for stealing note, &c. Id. or where possession on the other side is fraudulent: 392. whether necessary, in case the writing is |