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. bill not found by twelve of the grand jury, 22. want of parties, 24. in partnership, 25. pendency of prior suit, 26. judgment in, when peremptory, 27. ABDUCTION, wife competent to prove, I. 343. ACCESS, when presumed, I. 28. ACCESSORY, not a competent witness for the principal, I. 407. 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. 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. 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. ACKNOWLEDGMENT OF DEBT, 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. 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. courts of and seals, judicially noticed, I. 5, 479. Instance Courts, 387. Prize Courts, 387. Instance Causes, ADMIRALTY AND MARITIME COURTS, continued. Evidence, general rules, continued. as to burden of proof, III. 404. spoliation, &c. of papers, 408. 2. competency of witnesses, 409-416. suppletory oath, 410. from necessity, 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. shipping articles, 423. in the merchant-service, 423, 424. fisheries, 425. rôle d'equipage, 426. rule of interpretation of seamen's contracts, 427. 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. |