TRUSTEES,

INDEX.

When admissible to explain written instruments, 289.
USAGES OF TRADE,

Presumptions from, 469, 472.

USER,

VILLENAGE, PROOF OF,

Not by the testimony of women, 72.
Doubtful if by one witness, 679.

VIOLENT,

Presumption, 390, 392, 672.

VIVA VOCE EXAMINATION,

In general required by English law, 121.
Great advantages of, 121.

Exceptions, 124–132.

VOIR DIRE,

Examination on the, 170, 568.

WAGER OF LAW, 38, 62.

WILLS,

Proof of, 65, 188, 279.

Presumptions in favour of, 427.

Avoided by insanity, 195.

WITCHCRAFT,

Confessions of, 648.

WITHOUT PREJUDICE,

Communications made, not receivable in evidence, 607.

WITNESS,

What, 159, 160.

Persons compellable to give evidence, 161–168.

Privilege of witnesses in not answering questions, 162-167, 329.
Questions tending to criminate or expose to forfeiture, &c., 162,
163, 210, 272.

Questions tending to degrade, 163-167.
Incompetency to give evidence, 169-247.
Distinction between, and credibility, 169.
Policy of, questionable, 67, 151, 187.
Abuses of, 69–73, 171.

History of English law relating to, 151, 172-187.
3 & 4 Will. IV. c. 42..183.

6 & 7 Vict. c. 85..183, 185.

14 & 15 Vict. c. 99..187.

16 & 17 Vict. c. 83..187.

Not presumed, 169.

How ascertained, 170.

Leaning of tribunals against, 170, 187.

Grounds of, still existing in English law,

1. Want of reason and understanding, 188-206.

Deficiency of intellect, 188-196.

Immaturity of intellect (i. e. testimony of children), 196—

WITNESS (continued.)

2. Want of religion, 206-217.
Oath required from, 206.
Different kinds of,

1. Want of religious knowledge, 207.

2. Want of religious belief, 207-214.

3. Refusal to comply with religious forms, 210-217.
Persons excused from taking oaths, 216-217.

3. Interest, 217-232.

1. Parties to suit, 217-225.

Exceptions, 218–225.

2. Husbands and wives of parties, 226–232.
Exceptions, 226–232.

Persons erroneously supposed incompetent witnesses, 232–247.

1. The Sovereign, 232-235.

2. Attorney in a cause, 236.

3. Counsel in a cause, 236-243.

4. Jurors, 244, 245.

5. Judges, 245-247.

Credibility of, 17-19, 169, 247.

Grounds of suspicion of oral testimony, 247-250.

1. Pecuniary interest, 248.

2. Relations between the sexes, 248.

3. Other domestic and social relations, 249.

4. Desire to preserve reputation, 249.

5. Interest in or sympathy for others, 250.

Effect of interest and bias, 247, 742.

Rules for conducting the examination and cross-examination of,
734-747.

Subscribing written instrument, 278, 606.

Trial by, 664, 675–679.

WOMEN, TESTIMONY OF,

Rejected by the laws of some countries, 71.

And formerly in certain cases by the English law, 72.

WORDS,

Self-disserving evidence supplied by, 600.

WRITING,

Evidence in, difference between and written evidence, 273.
Self-disserving evidence supplied by, 600.

WRITINGS,

Public, 275, 276, 562, 565.

Private, 275, 277.

Judicial, 275, 564, 698.

Not judicial, 275.

Of record, 275, 562, 564, 698.

Not of record, 275.

WRITTEN EVIDENCE,

Difference between and evidence in writing, 273.

In what sense superior to parol or verbal evidence, 63, 280.
WRONGFUL CONDUCT,

Presumption against, 418.

CORRIGENDA.

In p. 71, note (r), for "Part 2, ch. 2," read "Part 2, ch. 1, sect. 2." 140, note (m), for "Part 3, bk. 2, ch. 1 & 2," read

2 & 3."

144, note (u), for " Turberville" read " Reynell.”
278, note (h), for "ch. 6" read "ch. 6 & 7."

345, line 9, for "rejecit" read “rejicit."

Part 3, bk. 2, ch.

402, note (n), for "Doe d. Jenkins v. Harvey" read "Jenkins v.

Harvey."

403, first side note, for "presumptioni" read " præsumptioni."

449, fifth side note, for "6th section" read "2nd section."

461, note (b), for "Doe d. Goodtitle v. Jones' read "Goodtitle d. Jones

v. Jones."

649, note (r), for "Note 3" read "No. 3."

LONDON:

C. ROWORTH AND SONS, BELL YARD,

TEMPLE BAR.