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GENERAL INDEX.

The numerals in this Index refer to the Volume; the figures to the Sections.

A.

ABATEMENT,

plea of alien enemy in, II. 19.

defective or improper service of process, 20.
misnomer, 21.

bill not found by twelve of the grand jury, 22.
non-tenure and disclaimer, 23.

want of parties, 24.

in partnership, 25.

pendency of prior suit, 26.

judgment in, when peremptory, 27.
damages in, 27.

ABDUCTION,

wife competent to prove, I. 343.

ACCESS,

when presumed, I. 28.

ACCESSORY,

not a competent witness for the principal, I. 407.
who is, III. 40.

before the fact, 42, 44.

after the fact, 47, 48.

none in treason, 43.

none in manslaughter, 43.

none in misdemeanors, 43.

countermanding the order, is absolved, 45.

when he may be tried, 46.

how charged, 49.

proof of the charge, 49, 50,

ACCESSORY, continued.

husband and wife, when accessory to each other, III. 48.
none in treason, 245.

ACCOMPLICES,

when admissible as witnesses, I. 379-382.

(See Witnesses.)

ACCORD AND SATISFACTION,

substance of this issue, II. 28.

what is a good accord and satisfaction, 28.

who is to judge of it, 28 a.

when admissible under the general issue, and when not, 29.
proper parties to, 30.

accord alone, when no bar, 30.

accord, with tender of satisfaction, when sufficient, 31.

when payment and acceptance in satisfaction are both put in

issue, 32.

when presumed from lapse of time alone, 33.

ACCOUNT,

(See Payment.)

rendered, effect of, as an admission, I. 212.

action of, II. 35.

between whom it lies, 35.

pleadings in, 36.

privity necessary to support, 37.

material averments in, 37.

evidence under issue of plene computavit, 38.

plea of ne unques bailiff, 38.

auditors in, 39.

auditors in trial of issues certified by, 39.

judgment, quod computet, effect of, 39.

ACCOUNT STATED,

what amounts to proof of, I. 127 – 129.

ACCUSED PARTY,

entitled to precise statement of his offence, III. 10.
to be confronted with witnesses, 11.

ACKNOWLEDGMENT OF DEBT,
what amounts to, II. 440-443.
effect of, 440, n.

ACQUIESCENCE,

what is, so as to bind the party, I. 197.

ACQUITTAL,

record of, when evidence, I. 583.

ACT OF GOD,

what is, II. 219.

when it excuses, 219.

ACTS OF PARTIES,

when admissible to explain writings, I. 293, 295.

ACTS OF STATE,

how proved, I. 479.

admissible in prize-causes, III. 456.

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letters of, how proved, I. 519.

prima facie evidence of death, 550.

foreign, effect of, 544.

ADMINISTRATOR,

competency of, as a witness, 347, I. 402.

admissions by, 179.

promise by, when it must be in writing, 267.
ADMIRALTY AND MARITIME COURTS,

courts of and seals, judicially noticed, I. 5, 479.
judgments, when and how far conclusive, 525, 541.
Jurisdiction of, III. 386.

Instance Courts, 387.

Prize Courts, 387.

Instance Causes,

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ADMIRALTY AND MARITIME COURTS, continued.

Evidence,

general rules, continued.

as to burden of proof, III. 404.
best evidence, 405.
presumptions, 406, 407.

spoliation, &c. of papers, 408.
full and half proof, 409.

2. competency of witnesses, 409-416.
of parties, 410-413.

suppletory oath, 410.
decisory oath, 411.

from necessity, 412.
salvors, 412.

captors, 412.

defendant's answer, 413.

weight of answer, 413.

interested persons,

414.

joint libellants for wages, 415.

experts, 416.

3. documents,

in general, 417.
their kinds, 418.
bill of sale, 419.
judicial sale, 420.
charter party, 421.
bill of lading, 422.

shipping articles, 423.

in the merchant-service, 423, 424.

fisheries, 425.

rôle d'equipage, 426.

rule of interpretation of seamen's contracts, 427.
log-book, 428.

its requisites, 428, 429.

how far evidence, 428 - 430.

must be pleaded, 431.

sea-letter, 432.

Mediterranean passport, 432.

certificate of property, 432.

crew-list, 432.

inventory, 432.

manifest, 432.

invoice, 432.

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