COLLEGE,

sentence of expulsion by, when conclusive, 259. 260.
COMMISSIONERS,

of bankrupt,

may compel witness to attend, 6.

may examine bankrupt's wife,

69.

proceedings of, evidence of the time of bank-
ruptcy after the witness's death, 273. 274.

conclusive of debt, in action for cre-

ditor's share, 275.

evidence of petitioning creditor's debt,
&c., in actions by or against the
assignees, unless notice be given,
&c. ; 274.

not conclusive, though no notice, 275.
not evidence, between other persons

not claiming under the commission-
ers, 275.

on indictment for perjury before the
commissioners, strict proof of the
bankruptcy is necessary, 276.
produced from the proper custody-
and hand-writing of a commissioner
must be proved, 275.

by act of parliament,

sentence of, when conclusive, 262.

of excise,

condemnation by, conclusive of right of seizure
254. 258.

depositions before, in presence of the other party,
and signed by witness, evidence after the witness's
death, 286.

of enclosure,

COMMON,

may summon witnesses, 7.

by custom,

other commoners incompetent, if the custom the same.

44. 45.

proof of, by hearsay. See tit. Custom.

by prescription,

hearsay, evidence of a prescriptive right abridging
a general right, 190. 191.

though general right not set out on the re-
cord. Id.

one commoner

COMMON-RECOVERY,

not competent for another, 45.

deed to make a tenant to the writ of entry, when evi-
dence of, 295.

COMPARISON of hand-writing, 371–373.

See tit. Hand-writing.

COMPETENCY,

of witness.

COMPOSITION,

See tit. Witness.

real, for tithes, not presumed from usage, 119.
CONCEALMENT,

of birth of bastard child, how punishable, 126.
CONDEMNATION,

sentence of, in Exchequer. (See tit. Exchequer, and
Commissioners.)

CONDITION,

in deed,

parol evidence not admissible to vary, 424.

of sale,

not to be varied by declarations of auctioneer, 438.
CONFESSION,

of prisoner, evidence against him; 81. 82.

not evidence against others, 82. 83.

to be taken altogether, 83.

on

examination before magistrate, though
not signed by prisoner, 82.

prisoner not to be on oath, Id.
under threat or promise, not evidence; 81.
discovery, in consequence of, may be
shown, 83.

in high treason, 84.

on death-bed; 201.

CONSENT,

sufficient to convict, when, 84. 85.
evidence of collateral facts, 85.

of witness to a will, evidence against the will; 201.
evidence of good character of other witnesses
deceased, in answer, 213.

on indictment for coursing deer" without the consent of
the owner," the want of consent must be shown, 151.
CONSIDERATION,

of agreement, within s. 4. of stat. of frauds, must be
stated; 439.

as, of promise to pay debt of third persons; Id.
of bargain, within s. 17. need not, 441.

in deed, 424.

another may be proved, besides that; 424-427.

CONSIDERATION, (continued.)

though no consideration stated, 425. 426.
or for divers considerations ;" 425. 426.
of greater or less value, 426.

different consideration may be shown, in case of
fraud, &c., 427.

CONSPIRACY,

not by party supporting the deed, 426.

on indictment for, the wife of one defendant not a wit-

ness for the others, 65. 66.

the act of one, in pursuance of the ori-
ginal plan, evidence against the
rest, 74.

what one has said, as to the share of
another in the transaction, or as to
the common object, is not evidence
against that other, Id.

conviction of, renders incompetent, when, 23.

CONSTABLE,

appointment of, need not be proved, when; 78.
proof of acting as such, Id.

CONTRACT,

marine,

between master of ship and seamen to be in writing;

433.

mercantile,

not void, though not in writing; Id.

if in writing, not to be varied by parol evi-
dence, Id.

to be produced by the master, 337.

usage, when evidence, in construction of, 432. 434.

435.

of service for year, wages due in proportion to the time
of service, 436.

to be proved, as set out on the record; 158. 160.

article, as to liquidation of damages, need not be set
out, 161.

CONVICTION,

on game laws, 150.

whether necessary to disprove all the qualifications, 150.
by magistrate,

when to be drawn up; 324.

conclusive evidence for him, in an action, until
quashed, 260-262. .

for not repairing a road, evidence of liability, 224. 232.
for assault, not evidence in action for, 241.

of bigamy, evidence against legality of marriage in a
civil action, 240.

of principal, evidence against accessary, when, 229. 230.
in criminal cases, whether evidence in civil, 88. 237-241.
not conclusive as to the time of committing the offence,

219.

CONVICTION, (continued.)

party convicted, entitled to copy of conviction, 324.
rewards, for prosecuting to conviction, in what cases, 86:
witness, incompetent on conviction, when; 22. 23., &c.
proof of judgment, necessary, 24.

COPY, (and see tit. Duplicate. Enrolment. Writing.)

of record, 289.

under great seal, Id.

seal of court, 290.

examined copy, 291.

proof of, 291.

office copy, 291. 292.

authenticated by proper officer, 292.

of depositions, not evidence in other courts,

292.

of record of acquittal, how obtained, 322.

of deed, &c., not evidence, when the original can be pro-
duced, 167.

of proceedings before commissioners of bankrupt, 273.

274.

of inferior jurisdictions, 325-328.
of entries in public books, 320. 321.

COPYHOLD,

rule, to obtain copies of, 328-333.

not devisable, within stat. of wills, 374.

devise of, good as declaration of uses; Id.

attestation and signature, not necessary; Id.

unless required by the terms of the surren-
der, ld.

paper, signed by copyholders, evidence as to customs, 194..
CORONER. See tit. Depositions, Inquisition.

CORPORATION,

books of, evidence between the members, 319.

COSTS,

not against strangers, Id.

entry in, to be made by proper officer, 320.
proper custody of, to be shown; 319. 320.
corporator may produce, 350.

inspection of, 330-332.

deed of, does not require delivery; 361.

members of, competent witnesses, when; 57. 59. 98.
disfranchised, how, 98. 99.

seal of, how proved, 291.

persons liable to, not competent; 46.

bail not competent for principal; 46.

rated inhabitants, not incompetent on this ground,

47.

governors of poor-house, if liable to costs, indi-
vidually, are not competent; 57.

competent, if liable only in a corporate ca-
pacity, Íd.

COSTS, (continued.)

sheriff's officer, who indemnifies, not competent, 46.
of prosecution, when allowed, 87.

on taxation of, expense of witness from abroad allowed,
when, 3.

COUNSEL,

of depositions taken abroad, not
allowed, 11.

professional confidence with client, 102-106.

confidential communications not to be given in evidence,

103.

though proceedings finished; 103.
not in actions between third persons,
nor after dismissal of solicitor; Id.
what communications privileged, Id.

solicitor and attorney within same rule, Id.
so, interpreter between counsel and client, Id.

person not an attorney, though considered as such, not
within the rule, Id.

of what facts, they may give evidence, 105.

third person, who hears the communication, may speak to
it, 103. 104.

cominunications to other persons not privileged, 104.
COUNTERFEIT MONEY. See tit. Uttering.

COUNTY,

inhabitant of, competent on indictment for non-repair of
bridge, when, 93.

COURT. See tit. Admiralty, Chancery, Ecclesiastical.
of exclusive jurisdiction, 241. See tit. Judgment.
of inferior jurisdiction, 298.

proceedings in, how proved; 296. 298.

whether a party has a right to a copy
of, and when, 325-328.

COVENANT. See tit. Deed.

COVERTURE,

evidence of, under non-assumpsit, 127.

under non est factum, 128.

on plea of, if it appears that the husband went abroad
above seven years before the commencement of the
suit, the defendant ought to prove him alive within that
time, 153.

CREDITOR,

of bankrupt, when competent, 51. See tit. Bankrupt.
CRIMEN FALSİ,

conviction of, incapacitates witness, 22.

CRIMES,

what incapacitate a witness, 22. 23.

CRIMINAL CONVERSATION. See tit. Adultery.
CROSS-EXAMINATION. See tit. Witness.

CUSTOM. And see tit. Tolls.

that lord of manor shall have common in all the lands de-
mised, void, 430.