(continued)

not expired, defence in action for goods sold, 282.

in calculating time of, day of sale excluded, id.

a defence, though goods fraudulently bought on credit, id.
where bill agreed to be given, but not given, id.

in case of dishonoured bill, vendor may sue immediately, id.
provided bill be in his hands, id.

taken on wrong stamp, dishonour need not be proved, 28.3.

where vendor makes the bill his own by laches or alteration, id.

given by banker on bill of exchange, evidence of, 291.

effect of, on vesting of the property on sale of goods, 505.

where goods sold on, no lien arises, 519.

debt due on, good petitioning creditor's debt, 529.

CREDITOR:

proof of debt by, not sufficient admission to dispense with proof of com-
mission, if disputed, 40.

of testator, competent under 25 Geo. 2. c. 6., 98.

of insolvent, when competent, 110, 111.

who has assigned his debt, competent, 114.

CREW:

agreements with, when exempt from stamp, 159.

a sufficient crew required to render ship sea-worthy, 238.

negligence of, no breach of warranty of sea-worthiness, 239.

loss by perils of the seas, remotely occasioned by their negligence, is
within the policy, 240.

CRIMINAL CASES:

admissibility of verdicts in, in civil cases, 136.

CRIMINAL CONVERSATION.

CRITICISM :

See Adultery.

fair criticism, a defence under the general issue in action for libel, 381.
CROPS:

value of growing crops recoverable under count for goods bargained
and sold, 270.

away-going, custom that lessee shall have, proveable by parol, though
not mentioned in lease, 15.

agreements on sale of, when exempt from stamp duty, 158.

growing, action for excessive distress for seizing, 393.

owner of, in exclusive possession, may have trespass q. c. f., 483.
CROSS-EXAMINATION:

as to contents of paper produced under notice, 9.

practice as to, in general, 127. See Witness.

CROWN:

parol evidence to explain grant from, 15.

charter or grant from, may be presumed, 23.

CUSTODY:

quare, if dedication of crown land as a public way can be pre-
sumed against the crown, 24.

parol evidence of, admissible to explain written instruments, 15. See
Parol Evidence.

immemorial, when presumed, 20.

manorial, or of borough corporate, proved by reputation, 28.

Hearsay.

See

CUSTOM-(continued)

aliter, where particular, 52.

when proveable by custom of other manor or district, &c., 53.
variance in statement of, 62, 63.

customary commoner, when an interested witness, 108. $41.
judgments on questions of, evidence between third persons, 135.

so depositions, 140.

of manor, proved by ancient writings, 146.

cannot be proved by a general history, 150.
may regulate time of notice to quit, 422.

for lord of manor to enclose parcels of waste, admissible under traverse
of right of common, 497.

CUSTOM-HOUSE:

presumption of regularity of proceedings at, 25.

CUSTOMS:

officer of, when competent witness, 116.

evidence in actions against officers of, 572.

notice of action, id.

prochein amy of infant may give, though not named in record,

id.

limitation of action, id.

plea, 573.

special matter may be given in evidence under general issue, id.
to justify force, previous demand must be shewn, id.
decisions on acts for the protection of officers and others, id.
sufficient if officer believes he is acting in execution of power,
id.

must have reasonable ground for believing himself within
23 Geo. 3. c. 70. s. 30., id.

reasonableness of belief a question for jury, 574.
protection not confined to actions of tort, id.

D.

DAMAGE FEASANT:

evidence in replevin, on avowry for taking cattle damage feasant, 458.
DAMAGE, SPECIAL. See Special Damage.

DAMAGES:

right to begin, in action for, 176.

how assessed, in case of demurrer to evidence, 181, 182.

in assumpsit, by vendee v. vendor of real property, 195. See Vendee.
for use and occupation, 200.

on a warranty, 251. See Horse.

for not accepting goods, 266.

for not delivering goods, 269.

for not replacing stock, id.

for goods sold and delivered, 281.

interest said to be in nature of, 298.

nominal, on plea in abatement, 302.

stipulated liquidated damages may be set off, 329.

in case for disturbance of common, 342.

for defamation, 376.

for malicious prosecution, 387.

for malicious arrest, 391.

for excessive distress, 394.

in action of detinue, 411.

in action against sheriff for taking plaintiff's goods in execution, 696.

for not arresting and for false return, 609.

for escape on mesne process, 611.

for escape in execution, 614.

for taking insufficient pledges in replevin, 616.
for not levying and for false return, 619.

evidence in mitigation of, in action for goods sold and delivered, 281.
bad quality, where the plaintiff claims on quantum meruit, and
there is no stipulated price, id.

breach of warranty or contract, where goods sold at fixed price, 282.
though goods accepted and not returned, id.

latent defect, discovered after time at which vendor agreed not to
be responsible, no defence, id.

evidence in mitigation of, in actions by executors and administrators,
578.

in action for defamation, 381, 382. See

of deed, may be varied by parol evidence, 12, 13.

of letter, presumptive evidence of time of writing, 20.

of bill of exchange, when material, 66.

of enrolment, by clerk of enrolments, conclusive evidence, 74.
alteration in date of bill requires new stamp, 164.

but mistake in, may be corrected, id.

of indorsement must be proved, 210.

DEAF AND DUMB:

competent witnesses, 103.

of party proved to have been alive within seven years, must be proved
by party asserting it, 71.

register of, how proved, 84.

See Register.

of attesting witness, effect of, 87.
of attesting witness to will, 97.

DEBT:

presumption of satisfaction of, 21.

parol admission of, evidence on account stated, 38.

variance in statement of record, in action of debt on judgment, 64, 65.
judgment in, a bar in assumpsit for same demand, 135.

on foreign judgment, 145.

evidence in action of, on bond, 401. See Bond.

DERT (continued)

evidence in action of, for rent, 404. See Rent.

for double value, 406. See Double Value.
for double rent, 408. See Double Rent.
See Penalty.

for penalties, id.

evidence of reputed ownership of, 555, 556.

action of, on specialty of ancestor, lies against heir, if named in deed,
585.

evidence of, in action against sheriff for not arresting and for false
return, 609.

DEBTOR:

for escape on mesne process, 610.

evidence in action against sheriff for not arresting, 609.
admission by, id., 610.

DECEIT :

case for, 365.

effect of plea of Not guilty in case of warranty, id.
misrepresentation of solvency, &c., id.

fraud must be proved, id.

how bona fides may be shewn, 366.

representation must be in writing, signed by party to be
charged, id.

cases within 9 Geo. 4. c. 14., id.

misrepresentation of value of property, id.

made to third party, id.

not embodied in contract, immaterial, if not fraudulent, id.
by agent, id.

when proof of scienter unnecessary, id.

DECLARATIONS:

of person in whose possession an instrument has been, where admissible
to prove its loss, 4, 5.

of deceased clerk, entry of letter by, admissible, 10.

of dishonour of bill by, 36.

of what persons admissible on questions of pedigree, 26.

inadmissible post litem motam, 28.

of persons, as to public rights, 29.

See Hearsay.

of parishioners, on question of parish boundary or parochial modus,
admissible, 30. See Hearsay.

of deceased corporator, to prove custom, 31.

of living persons inadmissible to prove reputation, id.

of plaintiff, when admissible for himself, id.

of drawer of bill of exchange, to prove want of effects, id. 231.

of trader, at time of absenting himself, 31.

of bankrupt, to prove the state of his affairs at the time of the trans-
action, id. 542.

of plaintiff, in actions of assault, 31.

of wife, in action for crim. con., 32. 463.

of third persons, as to character, 32.

of persons having no interest to misrepresent, 33.

of witnesses at former trial, 34.

See Hearsay.

of persons speaking against their own interest, id.
of person having same interest as party to the suit, 36.

of persons making entries, &c., in the regular discharge of their
duty, id.

of executor abroad inadmissible against party suing as administra-
tor, 38.

DECLARATIONS — (continued)

of assignees of bankrupt, made before appointment, 38.
of parties interested in suit, but not named on record, 41.
of party who has indemnified sheriff, in action against, id.
of party interested in detainer of deed, id.

of party for whose benefit plaintiff sues on a.bill, id.
of party from whom overdue bill received, id.

of joint-contractor, though not joined in action, id.
of agents and servants, when admissible, id.

See Agent.

of principal, inadmissible in action against surety, id.
of partner against co-partners. See Partner.

of wife, when evidence against husband, 43, 44.

when for, 44. 464.

of party, as to marriage at the Fleet, King's Bench, or May Fair, ad-
missible, 151.

as to birth of child, id.

of former holder of bill of exchange, when admissible, 227.

of payee of note, in letter to maker, contemporaneous with note, admis-
sible to prove usury, 227.

of plaintiff's father, when admissible in action on promise of marriage,

254.

of deceased clerk, as to delivery of attorney's bill, admissible, 257.
of attorney's clerk, admissible to prove that attorney undertook cause
gratis, 259.

of persons named in plea of abatement for non-joinder admissible for
plaintiff, 303.

of alleged husband, inadmissible for defendant, on plea of coverture by
her, 306.

of deceased members of family, to prove infancy, 313.

of previous occupier, to defeat claim of way, 347.

of coachman, admissible against carrier, 361.

of spectators, evidence that picture intended to represent party libelled,
375.

of persons averred in special damage to have left off dealing, &c. inad-
missible, 376.

of deceased tenant, evidence of seisin of lessor, 433.

of relative, inadmissible where he can be produced, 434.

of husband or wife, inadmissible to prove illegitimacy of son, 435.

of testator, admissible to prove forgery of will, 436.

so to prove intention of revocation, 438.

of deceased occupier, against his interest, admissible to shew possession
not adverse, 450.

of persons under whom defendant makes cognizance, whether evidence
for plaintiff in replevin, 458, 459.

of defendant's wife admissible to prove confederacy to seduce plaintiff's
daughter, in trespass for seduction, 469.

of owner of land, made after trespass, inadmissible to prove that de-
fendant committed trespass by his command, 490.

of bankrupt, before bankruptcy, whether admissible to prove trading,

530.

admissible to prove intent with which he departed the realm or
from dwelling-house, 534.

admissible to prove fraudulent assignment, 542. 605.

of sheriff's officer, 603, 604. 617.

DECREE:

of court of Chancery, how proved, 76.

See Chancery.