not expressly warn the jury to place no reliance upon it.' Thirdly, where evidence is objected to at the trial, the nature of the objections must be distinctly stated, whether a bill of exceptions be tendered or not; and on either moving for a new trial on account of its improper admission, or on arguing the exceptions, the counsel will not be permitted to rely on any other objections than those taken at Nisi Prius.2 § 1682. Fourthly, where evidence is tendered at the trial on an untenable ground, and is consequently rejected, the Court will not grant a new trial merely because it has since been discovered that the evidence was admissible on another ground; but the party must go much further, and show, first, that he could not by due diligence have offered the evidence on the proper ground at the trial, and next, that manifest injustice will ensue from its rejection. His position, at the best, is that of a party who has discovered fresh evidence since the trial.' Fifthly, where evidence is rejected at the trial, the party proposing it should formally tender it to the judge, and request him to make a note of the fact; and, if this request be refused, he should then tender a bill of exceptions. If this course has not been pursued, and the judge has no note on the subject, the counsel cannot afterwards complain of the rejection of the evidence. Lastly, where evidence has been improperly admitted or rejected at Nisi Prius, the Court will grant a new trial, unless it be clear beyond all doubt, that the error of the judge could have had no possible effect upon the verdict, in which case they will not enable the defeated party to protract the litigation.' It may 1 Goslin v. Corry, 7 M. & Gr. 342; Doe v. Benjamin, 9 A. & E. 644. Williams v. Wilcox, 8 A. & E. 314, 337; Ferrand v. Milligan, 7 Q. B. 730; Bain v. Whitehaven & Furness Junct. Rail Co., 3 H. of L. Cas. 1, 15-17, per Lord Brougham. 3 Doe v. Beviss, 18 L. J., C. P., 128; 7 Com. B. 456, S. C. Gibbs v. Pike, 9 M. & W. 351, 360, 361. Wright v. Doe d. Tatham, 7 A. & E. 330; Baron de Rutzen v. Farr, 4 A. & E. 53, 57; Crease v. Barrett, 1 C. M. & R. 919, 933; Doe v. Langfield, 16 M. & W. 497. These cases overrule Doe v. Tyler, 6 Bing. 561; 4 M. & P. 377, S. C.; a dictum of Lord Tenterden in Tyrwhitt v. Wynne, 2 B. & A. 559; and one by Sir James Mansfield in Horford v. further be stated, that the wrongful reception of evidence will not furnish less available ground for a new trial, although the jury accompany their verdict with a distinct and positive statement that they have arrived at it independently of the obnoxious evidence.' § 1683. Having now completed the design of this Treatise, in presenting a general view of the principles and rules of the Law of Evidence, the work is here properly brought to a close. The student will not fail to observe the symmetry and beauty of this branch of the law, under whatever disadvantages it may labour from the manner of treatment; and will rise from the study of its principles, convinced, with Lord Erskine, that, with some few exceptions, "they are founded in the charities of religion,-in the philosophy of nature,-in the truths of history,-and in the experience of common life." 3 75; Edwards Wilson, 1 Taunt. 14. See Mortimer v. M'Callan, 6 M. & W. v. Evans, 3 East, 451. The Scotch law on this subject is embodied in § 45 of 13 & 14 Vict., c. 36, which enacts that "a bill of exceptions shall not be allowed in any cause before the Court of Session, upon the ground of the undue admission of evidence, if in the opinion of the Court the exclusion of such evidence could not have led to a different verdict than that actually pronounced; and it shall not be imperative on the Court to sustain a bill of exceptions, on the ground of the undue rejection of documentary evidence, when it shall appear from the documents themselves that they ought not to have affected the result at which the jury by their verdict have arrived." 1 Bailey v. Haines, 19 L. J., Q. B., 73, 78. 2 Gr. Ev., § 584, in great part. 3 See Index, tit., Suggestions for amending the Law of Evidence. 4 24 How. St. Tr. 966. INDEX. PAGE ABATEMENT, plea in, of non-joinder of co-defendants not divisible 689 effect of plea in, as an admission 688 of legacies rateably, when presumed 152 1354 ABBEY. (See Monasteries) 1106 1006 pendency of former suits, when pleadable in, by one joint debtor ABDUCTION, wife competent to prove on trial for, costs of witness may be allowed, when 416 his examination taken under commission admissible 443 ABSTRACTS of old deeds, when admissible ABUTTALS, description by, in tresspass, quare cl. fregit in indictment for non-repair of highway ACCEPTANCE of bill, what it admits. (See Bill of Exchange) must be by signed writing on bill of goods, what sufficient to satisfy St. of Frauds whether sufficient, question for jury of rent, inference from ACCEPTOR. (See Bill of Exchange) ACCESS, of husband and wife, when presumed 176 510 296 239 239 699-701 893 1459 854-857 51 657 113 783 cannot be disproved by husband or wife to papers, raises inference of knowledge of, & acquies. in, contents, when 661 747 1355, 1356 record of conviction of principal, no evid. of his guilt, as against be brought within twelve months after death ACCORD & SATISFACTION must be specially pleaded even in trover dence of child's age ACCOUNT, action for, must be brought within six years ACCOUNT RENDERED, effect of, as an admission in name of a person, admission that goods were supplied to his credit PAGE ACCOUNT RENDERED (Continued) effect of not objecting to, as an admission effect of objecting to one item of, as an admission of the rest when balance of, may be proved by witness who has examined them so in taking accounts in Court of Chancery not admissible at common law should be entries in, by shopmen in course of business, when admissible. (See Course of office or business) 660 659 370 409 662 582 585, 586 584 588 586 574-581 reading one entry in, does not warrant opponent in reading distinct entries 601 entries in, by deceased agents, &c., when evid. as against inter. ACCOUNT STATED, effect of "never indebted" to count for admission made under compulsory examination, whether evid. of award not evidence of, between parties to submission will not lie, when balance of debt secured by deed has been struck ACCUSED. (See Prisoner) ACKNOWLEDGMENT of will by testator, what sufficient of deeds by married women, certificates of, how proved (See 550-562 262 651 652 1404 929 128 861, 863, 864 1237 610, 611, 878-883 892 54 533-540 550-565 136 658-664 748 of debt, what sufficient to bar St. of Limit. (See Lord Tenterden's of debt on specialty, what sufficient of title, what sufficient. (See Limitations) of debt or title, sufficiency of, question for Court by family, good hearsay evidence in pedigree cases against interest. (See Interest) when evidence as an admission. (See Admissions) as a confession ACQUIESCENCE in claim for long period, raises presumption of title ACQUITTAL. (See Autrefois acquit and Certificates) of deft. in crim. trial makes him competent witn. for or against his co-defts. 1097 in Exchequer, is it conclusive as to illegality of seizure? ACT OF GOD relieves carrier from liability admissibility of, to prove title of exor. or admor. ACTING IN OFFICE, when admission of appointment 1204 1378, 1379 381, 1269, 1270, 1282 ACTION, question subjecting witnesses to, he is bound to answer this rule does not include title deeds effect of being made party to, without knowledge or consent PAGE ACTION (Continued) judgment in an, no evidence in a prosecution ACTOR, no presumption as to yearly hiring ACTS OF AUTHOR, ancient documents may be explained by ACTS OF OWNERSHIP, presumptive evidence of grant in one part of waste, river, or mine, when evid. of title to another ACTS OF STATE, how proved of foreign governments, how proved secrets of state, excluded on grounds of public policy. (See Privi- ADDRESS of either House of Parliament. (See Parliament) 1355 162 965 131 306-308 125 4, 1227 17, 1228 776-778, 781 on letter, what sufficient to raise inference of delivery by post total or partial, may be proved by parol 163 928 928 presumption that portionment of legatee by parent is an 983 982 ADJOINING LANDS OR HOUSES when entitled to mutual support ADJUSTMENT OF LOSS, when and how far conclusive as an admission granted to child's effects, how far evidence that it was born alive to next of kin of woman, not evidence of her dying unmarried by diocesan, how defeated before 11th Jan. 1858 may be defeated by showing intestate still alive calendars of grants of, where deposited how inspected ADMINISTRATOR, character of, cannot be disputed under general issue title of, how proved entitled by foreign letters, cannot sue in this country part paym. by one does not take debt out of St. of Limit. as to others 1344 1344 1369 1370, 1371 1371 1201 1201 254 381, 1270 1389 493, 612 493, 610, 611 how judgment to be given and costs allowed, in such case 611 831 the consideration must appear expressly or impliedly in the writing inventory exhibited by, how far evidence of assets ADMIRALTY COURT, attendance of witnesses before, how enforced |