"If the witnesses attend in one cause only, they will be entitled to the full allowance. If they attend in more than one cause, they will be entitled to a proportionate part in each cause only. The travelling expenses of witnesses, shall be allowed according to the sums reasonably and actually paid, but in no case shall exceed 18. per mile one way."

2nd. In the Chancery Division no Scale has been formally adopted, but that which is recognized in the Common Law Division has, in practice, to a certain extent been consulted, though apparently without any legal authority.

3rd. In Divorce and Matrimonial Causes the Scale recognized is nearly identical with the Common Law Scale, and need not therefore be here printed at length.

4th. In the Probate Division, the Scale is as follows:

"WITNESSES' EXPENSES.

"Allowance to Witnesses, per day, including their board and lodging, as between party and party.

"The travelling expenses of witnesses will be allowed according to the sums reasonably and actually paid; but in no case will there be an allowance for such expenses of more than 1s. per mile one way." It will be seen that the above Scale is open to much comment

5th. In the Admiralty Division the Scale is as follows:

"WITNESSES' EXPENSES.

"Allowance to Witnesses, per day, including their board and lodging, as between party and party.

The travelling expenses are the same as in the last preceding Scale.

The Scale is as follows in the County Courts:

Travelling expenses, sum reasonably paid, but not more than 6d. per mile one way.

If the witnesses attend in more than one cause, they will be entitled to a proportionate part in each cause only." Cy. Ct. R. 1875, p. 237.

The above Scale is very injudiciously drawn up; for, first, by the adoption of a fluctuating amount of remuneration, it enables the Registrars, in taxing costs, to act with gross partiality,—it leads inevitably to the scandal of having different sums allowed in different courts, and it may neutralise the compulsory effect of a subpoena, unless the witness has been supplied with conduct money calculated on the highest Scale; next, it contains no reference to female witnesses; and, thirdly, in courts which were specially established to protect the rights of the poor, it precludes the poor man from securing the testimony of his rich neighbour on his behalf, except at a cost which it is quite out of his power to pay. The Scale under the old County Court Rules, which awarded 78. 6d. to gentlemen, &c., 5s. to tradesmen, &c., and 2s. to journeymen, &c., was incomparably better than the one now in force.

ABORTION, on charge of procuring, dying declons. of woman inadmiss.
woman regarded as an accomplice, when

ABROAD, when witness is, his former depositions admissible
his exon. taken under commission admis.

926

831

428, 429

467

ABSENCE, presumption of death from

218, 219

of attesting witness, when it lets in proof of his signature. 1571, 1572
ABSTRACTS of old deeds, when admissible.
ABUTTALS, description by, in indictment for non-repair of highway

549

276

ACCEPTOR. (See Bill of Exchange)

for night-poaching.

ACCEPTANCE of bill, what it admits. (See Bill of Exchange)

must be by signed writing on bill.
in blank, effect of

.

of goods, what sufficient to satisfy St. of Frauds

whether sufficient, question for jury

of rent, inference from

of contract, when binding under St. of Frauds

ACCESS, of husband and wife, when presumed
cannot be disproved by husband or wife.

to papers, raises inference of knowledge of, & acquies. in, contents, when 704
ACCESSORY, confession by principal felon, no evidence against .

778

record of conviction of principal, no evid. of his guilt, as against 1446
acquittal as principal, bar to indict. as accessory before the fact 1458, 1459
acquittal as principal in rape, no bar to indict. for aiding others. 1458
ACCIDENT. action for compensation to families of persons killed by, must
be brought within twelve months after death
material alteration of instrument by, effect of
when presumptive ev. of negligence

ACCOMPLICE, presumption against testimony of

confirmation of, not necessary, but in practice required
nature of confirmation .

this rule does not apply to informers

duty of judge to caution jury respecting testimony of
confessions by, inadmissible

93

1554-1556

276, 277

729

939

1560

895-899

59

698

876, 877

129

817, 818

PAGE

92

380

ACCOUCHEUR, entry of a birth in book of, marked "pd.," ev. of child's age 594 ACCOUNT, action for, must be brought within six years ACCOUNT-BOOKS, contents of, cannot be primarily proved by parol lien on debtor's, cannot be set up in bankruptcy when balance of, may be proved by witness who has examined them entries in, sometimes admissible as between master and servant, tradesman and shopman, banker and customer, and partners of merchants and tradesmen admissible for them in America

so in France and Scotland

so in High Ct. under rules of Sup. Ct., 1883

419

422

704

6:20

623

622

not admiss.at common law, but admiss. under old obsolete Act 620 made admissible under 26 & 27 Vict. c. 125 . entries in, by shopmen, when evid. (See Course of office or Business)

620-622

612-624

reading one entry in, does not warrant opponent in reading distinct
entries

648, 649

entries in, by agents, &c., when evid. as against inter. (See Interest)

599, 600

ACCOUNT RENDERED, effect of, as an admission

736

in name of a person, admission that goods were supplied to his credit 696 effect of not objecting to, as an admission

702

effect of objecting to one item of, as an admission of the rest
presumption from date of..

702

186

ACCOUNT STATED, admission under compulsory exam., whether evid. of 692

admission made to stranger, not evid. of

award not evidence of, between parties to submission
production of I. O. U. evidence of

striking balance of a debt secured by deed not evid. of

of deeds by married women, certificates of, how proved
of debt, what will bar St. of Lim. (See Ld. Tenterden's Act) 656, 676,

ACQUIESCENCE in claim for long period, raises presumption of title.

when evidence as an admission. (See Admissions) 678, 679, 700-704 as a confession. (See Confessions).

ACQUITTAL. (See Autrefois acquit and Certificates)

779, 780

of deft. in crim. trial makes him comp. witn. for or agst. co-defts. 1152 of husband, makes wife competent witness against his co-defts. . 1160 copy of record of, when demandable 1274-1276

in Revenue informa., is it conclusive as to illegality of seizure? 1473 in foreign country, when bar to indictment here

ACT OF GOD relieves carrier from liability.

relieves contractor for personal services

1486

205

1008