all the articles therein contained and by him proved were fairly and justly delivered, and that he hath given all just credits, it shall be good evidence as far as thirty pounds, for all articles delivered within two years before the suit brought ; or if it be by or against executors or administrators, for all articles on which two years had not elapsed before the death of the deceased, if suit be brought, or set off pleaded within one year after his death, or administration granted.

Executors or administrators when they give in evidence the book of the deceased, must swear or affirm that they verily believe the account as there charged, is just, and that there are no witnesses to their knowledge who can prove the delivery of the articles they propose to prove by the book; that they found the book so stated, and do not know of any other or further credit to be given than what is there mentioned.

A copy of the account, proved in the same manner, is good evidence, unless the defendant has given notice that he will require the book on the trial.

The defendant may contest the plaintiff's evidence, and oppose the same by other legal evidence; and where the defendant shall be an executor or administrator, his testator's or intestate's book may be given in evidence against the plaintiff's book, where the plaintiff is an executor or administrator, for such articles as shall be proved in manner aforesaid.-See Book-Debts.

An account of an executor or administrator exhibited to, and filed in the county court, is no evidence in support of the plea of fully administered,' pleaded by him or his repre

sentative.

Handwriting cannot be proved by comparison of hands.→→ Peake's L. E 69.

PAROL EVIDENCE. *

All persons who are examined as witnesses, must be fully possessed of their understanding, that is, such an understanding as enables them to retain in memory, the events of which they have been witnesses, and gives them a knowledge of right and wrong. As a general rule, fourteen is said to be the age at which a' child may be a witness, for then all are suppossed to have attained a competent knowledge of right and wrong but short of that age, the receipt or rejection of his testimony must in every case depend upon the sence of religion and apparent understanding of the child, when examined, previously to the oath being administered to him.

A person deaf and dumb, if of sense to have intelligence conveyed to him may be a witness, and give his evidence by signs, through the medium of an interpreter.

The oath to be administered to a witness is general, to speak the whole truth and nothing but the truth. One witness is generally sufficient; but two are necessary against a person accused of treason, misprision of treason, or perjury.

If a witness is convicted of perjury, or of forgery, or felony, and not pardoned, nor burnt in the hand; or if he hath by judgment lost his ears, or stood in the pillory, or hath been stigmatized, or branded, or whipped for any infamous crime, he ought not to be received as a witness. To found this ob, jection to the testimony of a witness, the party who intends to make it should be prepared with a copy of the judgment regularly entered upon the verdict or confession; for until such judgment is entered, the witness is not deprived of his legal privileges. But by the modern decisions on this subject, though a man cannot be asked any question tending to convict him of a crime, and therefore be put in danger from his own examination, yet he may be asked whether he is already convicted, and has suffered the judgment of the law. The credit of a witness may be impeached by other witnesses, as to his general character, but not as to any particular crime whereof he was never convicted.

The competency of a witness is a question of law, to be decided by the court or justice whether the evidence shall be received; the credibility of a witness is a question of fact, which should always be considered in weighing testimony.

Negroes, Indians, mulattoes, and persons of mixed blood, descended from negro and Indian ancestors to the fourth generation inclusive, though one ancestor of each generation may have been a white person, are witnesses only against each other.

A person interested in the event of the cause, or a wife or husband of the party, or one who is to receive part of the penalty or forfeiture, is not a good witness. Yet, in some criminal cases, from the necessity of the thing, interested persons are allowed as witnesses; as where the owner prosecutes án indictment for stolen goods, he is concerned in interest, for he will be entitled to restitution; yet he is a good witness. So where the assembly offer a reward upon the apprehensionand conviction of an offender, to the taker, he may be allowed as a witness. So too, if by act of assembly the apprehender be entitled to a reward upon conviction-Trials of the Rioters in 1780. Peake's L. E. 101, note.

A person convicted of felony, who has his clergy, and is burnt in the hand, is a competent witness. So too is one who has been pardoned by the governor, of felony, or treason against this state after conviction or judgment.

A wife may be a witness against the husband for actual violences committed upon her own person; as if a man hold his wife till another ravish her; or where a man is indicted for a forcible marriage, or for bigamy, the second wife may give evidence against him, or he against her; or where the husband or wife demands sureties of the peace against each other.

One guilty of the same crime is a competent witness for or against the accused, at any time previously to the conviction of the witness.

One fire-hunter may give evidence against another, and, after conviction of one or more of such offenders, shall be acquitted and discharged of all penalties for the same offence.

In the case of murder, what the deceased declared after the wound given, is good evidence, if such declaration were made after all expectation of recovery were past, and when he was at the point of death. But if reduced to writing, that 'must be produced.

A justice has not a legal right to admit an accomplice to become a state's witness upon a promise of pardon or of not being prosecuted; yet if in a case of necessity he do make such a promise, and afterwards the accomplice make a full and fair confession of the whole truth, and gives evidence for the state, and that is made use of to convict the other offend, ers, and discloses all treasons and felonies which he knows of, the court will in such cases stop the prosecution against him; but if he conceals or misrepresents any thing, the court will not stop the prosecution.

Our bill of rights declares that no man shall be compelled to give evidence against himself. Hence it is held that if a criminal be sworn to his examination taken before a justice, it shall not be read against him.

Any one who is a bare trustee, and no way concerned in interest, is a good witness, and may prove the execution of a deed to himself.

A witness laying a wager that the party for whom he is to be a witness will carry the cause, is a good witness notwithstanding, for otherwise no unwilling witness could be made use of.

An attorney ought not to be admitted against his client, as to the knowlege of any fact acquired after that connexion,

If a witness entitled to some interest or share in the suit, will release or tender a release of his interest; or if the party having a demand, or cause of action against the witness, will release him, or tender a release, he thereby becomes a good

witness.

The whole of a confession must be taken together. As if the defendant said he owed the debt, but had paid it; the whole meaning must be taken together.

Either the old or New Testament our laws require an oath to be administered on; unless a witness be an infidel; then according to the ceremonies of his religion.-2 Bac. Ab. 577,

note.

EXAMINATION-See Criminals.

EXECUTION,

An execution may issue from any court in this state, to any county of the state where the defendant or his goods may be found, and shall be executed by the sheriff or other officer to whom the same may be directed. In casss of fieri facias, it is the duty of the sheriff to make the money out of the goods and chattels of the defendant, if sufficient can be found; if not, then of his lands and tenements for the residue.

No sale of property under an execution shall commence before eleven o'clock in the morning, or after four o'clock in the afternoon of the day on which such sale is to be made, under the penalty of 100l. to be paid by the officer making the sale. Where any property, real or personal, shall be sold on any execution of fieri facias, venditioni exponas, or order of sale, issued from any court of law or equity in this state, or from any justice of the peace, such justice having authority to issue the same, by any officer lawfully authorised to make such sale, and the sale be legally and bona fide made, and such property so sold be not the proper goods and chattels, lands and tenements (as the case may be) of the person against whose estate the said process or order issued, by reason of which the purchaser may have been deprived of the property, or may have been compelled to pay damages in lieu thereof to the real owner, then, and in every such case, the purchaser or his executors or administrators may sue the person against whom the said process or order issued, or his legal representatives, in an action on the case, in any court of law in this state, and recover such sum as he may have paid for such property, with

interest thereon from the time of payment. Provided always, that such property, if the same be personal property, be present at such sale, and actually delivered to such purchaser.

It is the duty of the several courts of pleas and quarter sessions, at the first term which shall be holden in their respective counties after the first day of January in each and every year, to settle the charges of the sheriffs, coroners, constables, and other officers, for keeping, watering, and feeding any horse, cattle, hogs, or sheep, taken into their custody under legal process. And the said officers may maintain their actions respectively against the debtors whose property has been so holden in custody, for the amount of the charges thereby incurred, before any court or justice of the peace having jurisdiction of the sum due therefor.

But every officer claiming under this act, shall make out his account, and, if required, give the debtor, his agent, or factor a true copy thereof, signed with his own hand, and shall return the said amount, with the execution or other process under which the property has been seized, to the justice or court to whom the said execution or process is returnable; and shall then and there also swear to the correctness of the several items therein set forth, otherwise he shall not be per mitted to recover.

If either of the said officers who has levied an execution or other process on property, shall permit the same to remain with the possesor thereof, it may be lawful for such officer to take a bond for the forthcoming thereof to answer the said execution or process: but the said officer shall nevertheless remain liable as heretofore, in all respects, to the claims of the plaintiff.

No sheriff, constable, or other officer shall sell any goods or chattels, by virtue of an execution, until he shall have advertised the same for sale ten days at least, in three public places in his county. One of which places, if the defendant resides within the same county, shall be within the captain's district in which said defendant resides. And every sheriff having an execution from any court of record, shall, in addition to the above places, advertise the day of sale at the courthouse of his county.

process or or

The sale of lands under an execution or other der, must be advertised forty days. Whenever any sheriff, constable, other officer within this state, shall return upon any writ of fieri facias or venditioni exponas to him directed, that he has made no sale for want of bidders, he shall state in his return the several places at which