certificate of, abroad, 288. See tit. Certificate.

VIDELICET,

effect of, in pleading, 163.

VOIRE DIRE, see tit. Witness.

objection, arising on, may be removed on the same, 96.

WAGER,

W

in action for, one who lays a similar wager is competent,

99.

on event of prosecution, will not make witness incom-
petent, 102.

WAGES,

WAR,

in action for by seamen, the contract to be produced by
the defendant, 337.

articles of, how proved, 305.

WARRANTY,

action in tort for breach of warranty of goods-plaintiff
need not prove that defendant knew the goods to be
in an unfit state, though so averred, 159.

the substantive parts of the warranty to be stated
and proved, 161.

WAY, see tit. Road.

public right of,

hearsay, evidence of; 189.

verdict, evidence, though between other parties,

233.

private right of,

hearsay, whether evidence of, 190.

usage, evidence of, 120.

extent of right limited by the usage, 122. 123.

use of way for carriages, evidence of a grant

WAY-GOING CROP,

of drift-way, 123.

by custom, though not expressed in lease, 429.

WIFE, see tit. Husband and Wife.

WILL,

copy of, 300.

of real property,

requisites of, by stat. of frauds, 374.

of copyhold, requires neither attestation, nor signing,

Id.

exemplification of, not evidence; 377.

1

WILL, (continued.)

probate of, whether evidence to prove a pedigree; Id.

as secondary évidence, 378.

proof of, by subscribing witness; 378.

single witness, sufficient, at law; Id.

rule in chancery, Id.

"credible witnesses," who, within 5th section of

stat. of frauds; 375.

convicted of infamous crime, not good
witness, 376.
interested under will; Id.

whether competent, after release; Id.

devise to witness, void, 376.
creditor may attest, though will charged
with debt, 376.

subscribing witness, what to prove; 378. 383.

may prove the will forged, 32.

signing; 379.

in any part of will,

of part, intending to sign the whole,
by mark,

execution, how proved, when subscribing witness
dead, insane, or abroad; 383. 384. 385.

when hand-writing cannot be proved, 385.

will 30 years old, whether to be proved, 885.
if witnesses deny the due execution, they may be
contradicted, 384.

will impeached for fraud-evidence is admissible
of what testator said at the time; 428.

if impeached by witness, who imputes fraud
to the other subscribing witnesses de-
ceased, evidence of their good character
admissible, 385.

ambiguity in will, when explained by parol evi-
dence; 410, 411, 417.

WILL, (continued.)

WITNESS,

INDEX.

See tit. Ambiguity, and Evidence.
mistake in will, as to devisee's name, or descrip-
tion of property, when explained, 411. 412.

413.

trust in will raised by parol evidence, when, 460.

attesting to deed; see tit. Deed.

to will. See tit. Will.

deceased, testimony of, when evidence, 199.
depositions of. See tit. Deposition.
attendance of, to give evidence, at trial, 2.

mode of procuring attendance,
in civil cases, 2.

subpœna ad testificandum,

how many may be put in one writ; 4.

service of, 4.

duces tecum, 11.

before commissioners of bankrupt, 6.

of enclosure, 7.

in criminal cases; 7.

subpœna ad testificandum,

service of in different parts of the king-

dom, 8.

recognisance, 7.

habeas corpus ad testificandum; 9. 10.

when the writ lies,

how sued out and served ; 9. 10.

for prisoners to come before commissioners, 10.

expenses of witness in civil cases; 3.

in criminal cases, 8. 9.

privilege of, from arrest, on trial, 5. 6.

before arbitrator, 6.

before commissioners of bankrupt;

Id.

in going and returning, 5.

proceedings against, for non-attendance; 4. 5.

attachment,

action on case for damages,

or on stat. 5 Eliz. Id.

incompetency of; from

1. Want of understanding, 13.

insane, idiots, lunatics;

deaf and dumb, how to give evidence:

children, when competent, 14. 15.

their declarations, not upon oath,
not evidence, 15.

2. Want of religious principle, 16.

what he ought to believe;

atheists, infidels, incompetent, 17.

excommunication, not a ground of objection, 18.

WITNESS, (continued.)

oath, how administered, 19.

Quakers may affirm, when, 20.

See tit. Quakers.

3. Infamy of character; 22.

what offences incapacitate, 22. 23.

proof of, by record of judgment, 24.

competency, how restored, 24.

purgation, ancient doctrine of, 17.
benefit of clergy, and burning in hand,

25. 26.

under great seal,

by act of parliament, Id.

if conditional, performance to be
shown, 27. 28.

when disability part of sentence,
Id.

warrant under privy seal, insuf-
ficient, Id.

accomplices, competent, 28.

See tit. Accomplice.

witness giving evidence to avoid his own
instrument, not incompetent, 33.

4. Interest renders witnesses incompetent, 34.
reason of the rule, 34.

objection when to be made, 96.

of the nature of the interest which disqua-
lifies, 36-56.

interest, in the question,-in the event of
the suit, 36.

wishes, or bias on the subject, ex-
pectation of benefit, &c. 36-38.
several actions of assault, or several
indictments for perjury, -defendant

in one competent for a defendant
in another, 37.

one underwriter competent for another,
Id.

on

indictment for perjury in answer
to a bill filed by B., B. is competent,
39.

borrower of money competent to prove
usury, 39.

that the event may make it more
easy to recover in his own case, or
that the verdict may be heard of by
the jury,-no ground of incompeten-
су, 38. 39.

WITNESS, (continued.)

১

liability to action or

information,

not sufficient objection; 40.
persons in office,

executor de son tort,.

trustees, agents, 40.

witness thinking himself interested,
41-43.

honorary engagement to pay costs,
42.

1. Where a verdict may be evidence for or against
a witness, he is incompetent; 43. 44.

as on question, of customary right of com-
mon, 44.

of way-going crop, 44.

of liability to repair fences
contiguous to a common,

44.

of parochial modus, 45.
of common by vincinage; 45.
otherwise when the right is
merely prescriptive, 45.

defendant's bail not competent, 46.
sheriff's officer giving security, &c. Id.
prochein amy or guardian, Id.

servant incompetent to disprove his own
negligence in action against his master,