CUSTOM, (continued.)

not admissible, to show time of entering or quitting a farm
different from that expressed in the lease; 430.

" to quit at Michaelmas" means New Michaelmas,

431.

right by, though not expressed in lease; 429.

as, for heriot,

or way-going crop, Id.

proof of, by hearsay, 182. 189.

hearsay of deceased person, though he claim-

ed under the custom, 183. 184.

verdict, though between other parties, 233.
depositions not evidence against stranger to
former suit, 180.

paper signed by copyholders, 194.
court-rolls of manor, and ancient writings,
187. 188.315.316.

proof of custom, in adjoining parish or ma-
nor, not evidence; 130.

otherwise, on a question of tenure
in one of several connected ma-
nors, 130.

abroad, evidence of, 152. 175.

resumed, at the expiration of seven years, &c. 152.
death-bed declarations. See tit. Declarations.
on issue as to the death of a particular person, the party
asserting the death has to prove it, 152.

DEBT. (See tit. Bond, Deed, Non est factum.)

on foreign judgment-the judgment prima facie evidence,
252. 253.

DECLARATIONS. See tit. Admissions, Evidence, Hearsay.

on death-bed,

in criminal cases, evidence, when; 200,

whether made in extremes, a question for the Court,

200.

of accomplice, 201.

of attainted person, not evidence, Id.

in civil cases, evidence, 201.

confession of subscribing witness to will, Id..

See tit. Confession.

DECREE.

See tit. Chancery,

DEED. See tit. Writing.

i.

ambiguity in, how explained. See tit. Ambiguity.

ancient, explained by usage, when, 421.

non est factum, evidence under. See tit. Non est
factum.

DEED, (continued.)

presumed from usage, when, 119. 120.

variance in proof of, 162.

execution of, proved by subscribing witness; 356. 357.
358.

signing; 358.

not essential to a deed, Id.

required by statute of frauds, when,
Id.

attestation of, in deeds under powers,
358-360.

sealing; 360.

delivery, what sufficient; 361.

on another day may be shown,

428.-

subscribing witness may prove it forged,

32.

when subscribing witness not producible, how
proved; 362. 363.

proof of party's signature, when sufficient, 363.

364.

need not be proved, when; 349-352.
1. deed 30 years old; 349.

custody of, to be shown, when, 349.
2. deed enrolled; 352. See tit. En-

rolment.

3. recital, when evidence against the
party to reciting deed, 356.

4. deed produced under order of Court.

356.

"

mistake in, when rectified in equity, 458.
parol evidence, not admissible to vary or add to, 424-

432.

except in case of fraud, &c. 427.

another consideration may be shown;
424-427. See tit. Consideration,
and Evidence.

or different day of delivery, 428.

notice to produce, 336. See tit. Notice.

produced under notice, proved by the other party, when;

343.

when not, 345.

counterpart, evidence against the party, without notice

to produce the original, 340.
profert dispensed with, when, 348.

secondary evidence of, when admissible; 346. 347.

DEFAULT,

proof of the loss, &c. of written instrument, 347. 348.

judgment by, its effect, as an admission, 141.

defendant, after judgment by, not competent for or against

a plaintiff, in action on joint contract, 62.

DEFAULT, (continued.)

DEFENDANT,

competent for co-defend-
ant in trover, 63.

discharged and made witness, when, 61.

submitting to fine, on indictment for assault, may

be witness for another defendant, 62.
suffering judgment by default, in case of misdemean-
our, 62.

or, in action on joint contract, not
witness for or against plaintiff.
Id.

in trespass, witness for another, when the trespasses are
different, 61.

in ejectment, how made witness, 62.

witness made defendant by mistake-may be struck

out, 63.

DEMAND,

in an information, nolle prosequi entered, 63.

particular of. See tit. Particular.

DEMURRER TO EVIDENCE,

what, 215.

facts admitted, 216.

counsel for the crown not compellable to join, 217,
not allowed in the king's case, 113.

under the control of the Court, 217.

DEPOSITIONS. See tit. Examinations.

de bene esse, 10.

by consent; 10. 272.

when evidence, 272. 273.

on question of pedigree, not evidence against a stranger to

the first suit, 176-179.

evidence of custom, when, 269.

not evidence against strangers to the former suit, 180.

222. 269.

In Chancery. See tit. Chancery.

in ecclesiastical court, 286.

before commissioners of bankrupt.

commissioners of excise.

See tit. Commissioners.

before coroner, under stat. Ph. & M., 279.

must contain the effect of the evidence; 279.

280.

to be certified together with the inqui-
sition; 279.

taken upon oath; 82.

need not be taken in the presence of pri
soner; 280.

evidence on trial of prisoner, when, 280.

before magistrate, under stat. of Ph. & M. 276-279.

in case of felony, how taken; 276.277.
how certified and transmitted; 276.279.

DEPOSITIONS, (continued.)

of pauper.

need not be signed by deponent; 277.
278.

evidence against prisoner, when, 277.
in misdemeanors or civil cases, not evi
dence, 278.

in petty treason, not sufficient to con-
vict of the treason, but will support
a conviction for the murder, 278.
evidence for prisoner, to contradict wit-
ness, 212. 279. 325.

prisoner has no right to copy of, 324.
conviction, purporting to set out depo-
sition, not evidence, 212.

See tit. Examination.

of witness abroad or going abroad, when evidence;
272.273.

of witness in India, 273.

proof of; 297.

office copy, not evidence in other courts; 292.

attested by judge's clerk, 292.

DEVISE. See tit. Will.

DOOMSDAY-BOOK.

account of, 302. 303.

when evidence.

DUGDALE,

Id.

baronage, not evidence to prove a descent, 320.

monasticon, not evidence as to the order of a monas-

tery. Id.

DUPLICATE ORIGINAL.

of notice to produce, notice to quit, &c. 342. 343.

taken by copying machine, not evidence, 343.

EASEMENT,

E

grant of, presumed from 20 years enjoyment, 120-

124.

as against the reversioner, when; 123.
presumed from shorter enjoyment, when

121.

ECCLESIASTICAL COURT,

suit in,

See tit. Presumption.

number of witnesses to prove a fact; 110.
proof of temporal matter arising incidentally, 110.

depositions in, when evidence, 286.
sentence of, 243-248.

of nullity, or in affirmance of marriage, conclu-
sive on question of legitimacy, when, 243.

conclusive on trial for polygamy; 247.

in a cause of jactitation, evidence in ejectment;

not conclusive;
245.

244.

much less, in criminal
prosecutions, 246.

evidence between what parties; 243.

when conclusive as to all. 243. 244.

impeachable for fraud, 248.

on validity of will, and right of administration,

conclusive, 245. See tit. Probate.

proof of, 298. 330.

ledger-book, when evidence, 299.

EJECTMENT,

judgment in, conclusive in action for mesne profits, when,

224.

tenant in possession not competent for defendant, under
whom he holds, 48.

witness, who is to have a lease of the lands (if recovered),
not competent for the plaintiff, 48.

witness, called by defendant, not competent to prove
himself the real tenant, and defendant his bailiff, 52.
notice to quit at a certain time, served personally and not
objected to, evidence of the time of entry; 80.

ENDOWMENT

proved by duplicate original; 343.

if attested, proved by subscribing witness.

357.

in books, by receiver of money, against interest, 191. 192.

ESTOPPEL,

by judgment or verdict, when, 119.

EVIDENCE,

admissibility of, a question for the judge, 13.

written or unwritten; 218.

writings, public or private ;

public, of record or not of record;

public writings not of record, judicial or not ju-

dicial, Id.

bill of exceptions to. See tit. Bill of Exception.