PRESUMPTIONS, continued.

disputable, of continuance of opinions and state of mind, I. 42, 370.

of capacity and discretion in children, 367.

in persons deaf and dumb, 366.

of religious belief in witnesses, 370.

of international comity, 43.

of amount and quantity, II. 129 a.

of possession of letters testamentary, 344.

of payment, 32, 33, 527, 528.

of knowledge of the contents of a will, 675, n.

of alteration of will by testator, 681.

of time when alteration made, 681, n.

of fact, nature of, I. 44.

belong to the province of the jury, 44.

when juries advised as to, by the Court, 45-48.

PRINCIPAL AND AGENT. (See Agency.)

PRINCIPAL DEBTOR,

when his admissions bind the surety, I. 187.
PRINCIPAL FELON,

accessory not a competent witness for, I. 407.
PRINCIPALS,

who are such, III. 40, 41.

in the first degree, 40.

second degree, 40.

must be tried before accessory, 46.

PRISON BOOKS,

when and for what purposes admissible, I. 493.
(See Public Records and Documents.)

PRISONER OF WAR,

mode of procuring attendance of, as a witness, I. 312.
PRIVATE WRITINGS,

contemporaneous, admissible to explain each other, I. 283.
proof of, when lost, 557, 558.

diligent search required, 558.

production and inspection of, how obtained, 559.

notice to produce, 560.

when not necessary, 561.

how directed and served, 561, 562.

when to be called for, 563.

PRIVATE WRITINGS, continued.

production of, in Equity, III. 295–305.
(See Documentary Evidence.)

alteration in, when to be explained, I. 564.
when presumed innocent, 564.

to be tried ultimately by the jury, 564.
a deed, renders it void, 565.

reasons of this rule, 565.

alteration and spoliation, difference between, 566.
by insertion of words supplied by law, 567.

made by the party, immaterial and without fraud, does not
avoid, 568.

made by party, with fraud, avoids, 568.

but does not devest estate, 568.

defeats estate lying in grant, 568.

destroys future remedies, 568.

made between two parties to an indenture, but not affecting

the others, 568.

proof of, must be by subscribing witnesses, if any, 272, 569.
exceptions to this rule

1. deeds over thirty years old, 570.

2. deed produced by adverse party claiming under it, 571.
3. witnesses not to be had, 572.

4. office bonds, 573.

subscribing witness, who is, 569.

diligent search for witnesses required, 574.

secondary proof, when witness not to be had, 84, n. 575.

handwriting, how proved, 272, 576.

personal knowledge of, required, 577.

exceptions to this rule, 272, 578.

comparison of handwriting, by what other papers, 579 – 582.
PRIVIES,

who are privies, I. 23, 189, 190, 211.

PRIVILEGE OF WITNESS,

from arrest, I. 316.

from answering, 451-460.

PRIVILEGED COMMUNICATIONS,

1. made to legal counsel - principle of exclusion, I. 237.
who are included in the rule, as counsel, 239, 241.

nature of the communication, 240.

extends to papers intrusted with counsel, 240.

not to transactions in which the counsel was also party, 242.

PRIVILEGED COMMUNICATIONS, continued.

protection remains forever, unless waived by the party, I. 243.
limitations of the rule, 244, 245.

when title-deeds and papers, of one not a party, may be called
out of the hands of his agent, 246.

2. made to clergyman, how far privileged, 229, 247.

3. made to medical persons and other confidential friends and
agents, not privileged, 248.

4. arbitrators, not bound to disclose grounds of award, 249.
5. secrets of State, 250, 251.

6. proceedings of Grand Jurors, 252.

7. between husband and wife, 254, 334.
8. in prosecutions for libel, III. 168, n.
9. in civil actions for libel, II. 421.
PRIZE,

foreign sentence of condemnation as, I. 541.
PRIZE COURTS, III. 387.

PROBATE COURTS,

(See Admiralty, &c.)

decrees of, when conclusive, I. 518, 550.

PROBATE OF WILLS.

mode of proof of, II. 339, 343, n.

effect of, 672.

PROCHEIN AMY,

admissions by, I. 179.

inadmissible as a witness, 347, 391.

PROCLAMATIONS,

proof of, I. 479.

evidence of, what, 491.

PRODUCTION OF WRITINGS,

private, how obtained, I. 559–563.

(See Private Writings. Equity.)

PROMISSORY NOTE,

parties to, when competent to impeach it, I. 383-385.
(See Witnesses. Bills of Exchange.)

PROOF,

defined, I. 1.

full proof, III. 409.

half proof, 409.

PROPERTY,

when presumed from possession, I. 34.

PROSECUTOR,

when competent as a witness, I. 362.

PUBLIC BOOKS,

(See Courts Martial.)

contents provable by copy, I. 91.

(See Public Records and Documents.)

PUBLIC AND GENERAL INTEREST. (See Hearsay.)
PUBLICATION,

of libel by agent, when principal liable for, I. 36, 234, III. 170.
of will, what and when necessary, II. 675.

PUBLIC RECORDS AND DOCUMENTS,

inspection of records of superior courts, I. 471, 472.

of inferior courts, 473.

of corporation books, 474.

of books of public offices, 475, 476.
when an action is pending, 477.

when not, 478.

proof of public documents not judicial, 479–491.

acts of State, 479.

statutes, 480, 481.

by copy, 91, 479–484.

legislative journals, 482.

official registers, &c. 483, 484.

character of these books, 485, 496.

proper repository, 142, 485.

who may give copies, 485.

foreign laws, 486, 487, 488.

laws of sister States, 489, 490.

judicially noticed by Federal Courts, 490.

admissibility and effect of these documents, 491-498.

proclamations, 491.

recitals in public statutes, 491.

legislative resolutions, 491.

journals, 491.

diplomatic correspondence, 491.

foreign declarations of war, 491.

letters of public agent abroad, 491.

colonial governor, 491.

government gazette, 492.

official registers, 493.

parish registers, 493.

PUBLIC RECORDS AND DOCUMENTS, continued.
admissibility and effect of official registers.
navy office registers, I. 493.
prison calenders, 493.
assessment-books, 493.

municipal corporation books, 493.

private corporation books, 493.

registry of vessels, 494.

log-book, 495, III. 428-430.

what is an official register, I. 484, 495, 496.
public histories how far admitted, 497.

official certificates, 498.

PUNISHMENT,

endurance of, whether it restores competency, I. 378, n.

Q.

QUAKERS,

judicial affirmation by, I. 371.
QUALIFICATION,

by degree, when proof of dispensed with, I. 195, n.

by license, must be shown by party licensed, 78, 79.

QUANTITY AND QUALITY,

whether material, I. 61.

QUO WARRANTO,

judgment of ouster in, conclusive against sub-officers, under the
ousted incumbent, I. 536.