WITNESS.-22.

23.

24.

Refusing to answer criminating question no in-
ference of the truth.

Not compelled to answer questions tending to
subject him to penalty, &c. How the question
made.

Not now cautioned, when not bound to answer.
25. Concealed, as to conversation over-heard, re-
ceived with caution.

26. Compelled though his civil right affected.
27. On devisavit vel non all examined, except ne-
cessity or waver: the rule not merely tech-
nical.

28.

29.

30. Impeaching his act.

31. Necessary exceptions to general rule, that all
must be examined against the heir.

1. Witness good, who can recover nothing in the suit.
2. A father coming to bastardize his own issue is, though
a legal, a very suspicious witness.

3. Witnesses ought not to disclose their evidence to parties.
4. Bill for discovery, in aid of an action: demurrer by a
mere witness allowed; though the discovery would be
more effectual than the examination at law, and notwith-
standing a charge of interest in the defendant; as to
which he may be called by the plaintiff; waving the
objection; and, if called against him, may be examined
upon the voir dire. Fenton v. Hughes.

5. A party, having called a witness, cannot discredit him.
6. After publication passed liberty given to exhibit articles

as to the credit of a witness, who had been cross-ex-
amined, by general Interrogatories, and as to such par-
ticular facts only as are not material to what is in issue
in the cause. Purcell v. M'Namara.

7. Proof of one of the witnesses to an old Will, of whom no account could be given, dispensed with. M'Kenire v. Fraser.

8. Order after publication for liberty to take out a Commission, and examine witnesses by general Interrogatories as to the credit of a witness, who had been crossexamined, and as to such particular facts only as are not material to what is in issue in the cause. Hammerton.

Vol. Page

I. 61

I. 134 VI. 32

VII. 287

VII. 290

VIII 324

IX. 5

Wood v.

IX. 145

9. A witness to a devise of real estate having become in

sane, proof of his hand-writing was allowed. Bernett
v. Taylor.

IX. 381

10. Examination after publication confined to general credit, and to facts not material to what is in issue in the cause. Carlos v. Brooke.

X. 49

11. Not competent even at law upon an examination to the credit of a witness to ask the ground of the opinion. The general question only is permitted, whether he is to be believed on his oath.

X. 50

12. A witness to a deed must state the circumstances of the
execution: the sealing and delivery. In this case an
objection, that he had stated merely, that he was present
at the execution, and was a subscribing witness, when
the party executed and signed, did not prevail, upon
the circumstances: especially as the execution was not
put in issue. Burrowes v. Lock.

13. Witness is not at liberty to contradict his attestation. In
such a case other evidence, from circumstances, admis-
sible; as, where there is no witness, or the person does
not exist, sealing and delivery may be presumed from
proof of the hand-writing.
14. Whether the attestation of the Vice-Consul abroad, ap-
parently in his public character, can be considered
as the signature of a subscribing witness within the
Statute of Frauds to a Will, devising real estate, quære.
Clarke v. Turton.

15. Witness examined in the cause cannot be examined before
the Master without leave of the Court: but other per-
sons may; and to the same points. Smith v. Althus.
16. Refusal to answer on the ground, that it tends to crimi-
nate the witness, does not amount to an admission.
17. Examination to credit of a witness at law.
18. Examination de bene esse, where the witness is above the
age of seventy, or is the only witness to a particular
fact. Refused upon affidavit of the agent to his infor-
mation from the witness, that he can prove the fact, and
belief, that no other person can prove it. Rowe v.
19. Order before publication for re-examining a witness upon
his affidavit, that through mistake as to time he sub-
mitted to be examined without looking at papers, which
enable him to answer more fully and precisely. Kirk
v. Kirk.

20. Evidence, that a witness upon recollection declared, he
had sworn what was not true, and went back offering
to correct it, but too late, admitted upon an indictment
for perjury.

his

21. Re-examination of a witness after publication, upon
own application and affidavit, to correct mistake; but
confined to that: the Court not permitting the whole
deposition to be suppressed, and an entirely new exa-
mination. Kirk v. Kirk.

22. Party demurring to the discovery, or witness refusing to
answer, facts tending to criminate himself, no inference
to the truth of the fact. Lloyd v. Passingham.
23. Witness not compelled to answer Interrogatories, having
a direct tendency to subject him to penalties, &c. or
having such a connection with them as to form a step
towards it. The question should not be made upon
exception to the Master's Certificate, that he had
allowed the Interrogatories; but, if the witness takes

Vol. Page

X. 470

X. 474

XI. 240

XI. 564

XI. 523 XII. 408

XIII. 261

XIII. 280

XIII. 284

XIII. 285

XVI. 59

the objection, to the Report, whether the examination
is or is not sufficient. Paxton v. Douglas.

Vol. Page

XVI. 239

XVI. 242

24. Relaxation of the old practice for the Court to inform a witness, that he was not bound to answer.

25. Evidence of conversation over-heard by a witness, placing himself behind wainscot, &c. received with great caution. Savage v. Brocksopp.

XVIII. 335

26. Witness obliged to give testimony; though it affects his
civil right.
27. On the trial of an issue, devisavit vel non, all the sub-
scribing witnesses must be examined, except in cases of
necessity; as death, insanity, or absence abroad, or the
heir waves his right. Bootle v. Blundell.

28. The rule, requiring the examination of all the witnesses to a devise, not merely technical.

29. Examination of all the witnesses to a devise not a technical rule the decision binding the heir's right to repeated ejectments, until so vexatious as to call for injunction.

XIX. 482

XIX. 494

XIX. 500

XIX. 502

30. Witness, impeaching his own act, to be received with the most scrupulous jealousy.

XIX. 504

31. General rule in proving a Will against the heir, that all the witnesses must be examined; that general rule admitting necessary exceptions, as death, or absence out of the kingdom; and perhaps not applying, where the Will is, not wholly, but only partially, in question.

See Account 2. Annuity (Memorial 8.)

Answer 16. 17.

Appeal 2. Attorney and Solicitor (Attorney and Client
20.) (Clerk 1.) Bankrupt (Act of Bankruptcy 4.)
(Partner 5.) (Proceedings 2.) Baron and Feme 3. 4.
6. 9. 10. 15. 20.90. (Separation 5.) Bill to perpetuate
Testimony. Bond 11. 12. Commitment 3. Confirma-
tion 4. Contract 17. 42. 71. 74. 76. 79. (Specific
Performance 3. 11. 13. 43. 44.) Deed 4. Devise 44.
(Ambiguity 1.) (Witness 1. 3.) Estate (Conversion 22.)
Executor 70. 71. 88. 89. 94. 95. 96. Felony 3. Frauds,
Statute of, 1. 2. 4. Laches 18. 19. Legacy 6. 9. 61. 63.
Legitimacy 1. Limitation (Time 22.) Lunacy 29.
Mortgage 12. 56. (Equitable 8.) Perjury. Portion 17.
Power (Appointment 46.) Practice 38. 43. 45. 46. 82.
95. 96.97.145. 170. 188, 292. 300. 307. 309. (Party 5.)
Presumption. Principal and Agent 17. 18. 19. 30.
Principal and Surety 1. Privilege. Re-hearing 3.
Residue 3. 4. Satisfaction 5. 14. 23. 26. 28. 34. 35. 40.
Tithe 9. Trust 12. 27. 41. 56. 66. 75. Will 73. 166.
167. 189. 190. 236. 256. (Ambiguity 1.) (Mistake 12.)
(Republication 2.) (Witness 1. 2.)

EXAMINATION.

See Charge and Discharge 3. Evidence 41. Practice 55,

197. 201.

XIX. 505

1. Of the subject of the gift void.

1. An exception of the thing, that is the subject of the

gift, is void.

See Injunction 35. Practice 12. 13. 103. 120. 152. 158.
166. 179. 217. 227. 234. 241. 271. 272. 273. 285. 297,
335. 350. Receiver 17.

See Bankrupt (Proof 28.) Bill of Exchange. Principal and Surety 12. 13.

EXCHEQUER, COURT Of.

See Injunction 57. 58. Ne exeat Regno 27. Practice 96. 382.

EXCOMMUNICATION.

See Absolution.
EXECUTION.

1. Separate under joint judgment.

2. Against joint property: the action having no relation to the partnership.

3.

Separate under joint judgment.

4. Of deed, not until sealed: Whether afterwards the

party can say he had not delivered.

5. Signing a bond unnecessary.

1. Separate execution under joint judgment.

263

Vol. Page

III. 325

XVII. 413

2. Execution against joint property; though the foundation of the action had no relation to the joint concern.

XVII. 413

3. Separate execution under joint judgment.

XVIII. 441

4. Deed not to be represented as sealed, until the seal is put by the party to the wax, or wafer.

Whether,

having sealed, he can be heard to say, he had not
delivered, quære.

5. Signing, as well as sealing, a common bond for money

See Attaint 1. Bankrupt (Commission 2. 19.) (Elec-
(Partner 18.) Creditor 9. Creditor and
Devise 42. Evidence 46. (Presumptive 9.)
Partner 25. 46. Power.

tion 29.)

Debtor 1.
Mortgage 1.

XIX. 296

FXECUTION OF POWER.
See Power. Will 73.

EXECUTION OF A WILL.
See Will.

EXECUTION, WRIT OF.
See Practice 317.

EXECUTOR AND ADMINISTRATOR.

1. At law executor takes any beneficial interest.

2. Not discharged by undue advancements to infant le

gatee.

Costs, when charged with interest.

4. Not charged by involuntary receipt.

5. Refusing cannot take a legacy in that character. 6. In India entitled to commission.

7. 8.

Entitled to a legacy for care, &c. by concurring in di
rections for the funeral, &c.: though dying before
probate: Whether if dying at a distance without
shewing intention to accept, or notice.

9. Not by directions for the funeral.

10. His acts, which the Court would have approved, established, though no application.

11. Apportionment of dividend on bond to which he was beneficially entitled, and another, specifically bequeathed, but retained.

12. Not liable for receipts of co-executor by acts merely ancillary to his administration: otherwise, if concurring in the application.

13. Not entitled to commission, as agents, on remittances from India, received after the death.

14. Of Receiver, admitting assets, subject to interest under subsequent inquiry.

15.

16.

(Not conclusively charged by joining co-executor in the receipt; though not necessary: nor by indorsement of bill, remitted to both, to enable the other to receive. 17. Charged with 5 per cent. and costs: with any gain, and 18. liable to loss, for breach of trust.

19. Discharged from a loss.

20. Charged by negligence.

21. Leaving money on personal security.

22. Trustees by equal legacies; though by a subsequent instrument, and inequality as to the real estate.

23. Cannot buy the debts for himself.

24. Charged with interest.

25. Protected, doing what would be ordered.

26. Misapplication to his own debt.

27. In many respects owner as to others.

28. General power of disposition.

29. Charged with receipt of co-executor.

30.

Distinction between executors and trustees joining in
receipt.

31. Effect of the appointment at law.

32. Cannot buy the debts,

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