EVIDENCE- continued. hearsay part of res gestæ, iii. 384. cries of mob, iii. 384. declarations accompanying acts, iii. 384. complaints of injuries, iii. 386. of robbery, iii. 387. of rape, iii. 387. inadmissible where prosecutrix dead, iii. 387. testimony of deceased witness at former trial, iii. 388. dying declarations, iii. 388, et seq. hearsay of public rights, &c., iii. 397. See DYING DECLARATIONS. hearsay of deceased persons against their own interest, iii. 397. must be against proprietary or pecuniary interest only, iii. 398. entries by disinterested deceased in course of duty, iii. 398. evidence only of facts which the deceased's duty to note, iii. 399. the proof of negative averments, iii. 400, et seq. general rule that he who asserts the affirmative must prove it, iii. 400. but this does not operate when the affirmative is peculiarly possession of game by carrier, iii. 401. selling ale without licence, iii. 401. practising as apothecary without certificate, iii. 402. evidence to be confined to points in issue, iii. 403. must apply to the single act charged, iii. 403. acts of prisoner charged in indictment alone can be proved, iii. 403. acts of others engaged in same design, iii. 404. prosecutor confined to proof of one felony, iii. 404. where the felonies are connected, iii. 405, 406. several felonies parts of the same transaction, iii. 407. arson, iii. 407, 418. robbery, iii. 407, 408, 418. possession instruments for counterfeiting coin, iii. 408. several larcenies from a coal-mine, iii. 408. where several felonies are so mixed that they cannot be separated without inconvenience, iii. 409. where they are the subjects of other indictments, iii. 410. a question for the judge whether evidence to be admitted, iii. 410. as proof of guilty knowledge, iii. 411, et seq. of uttering other forged notes, iii. 411. of other false pretences, iii. 412. to shew intent, iii. 412, 413. of one murder, to shew motive for committing another, iii. 414. of other poisonings, iii. 414, 417. of other wounds to identify an instrument, iii. 417. to shew that false entries were intentional, iii. 417. upon trial for arson, iii. 418. convicts called to prove their innocence of charge for which others indicted, iii. 418. where all acts parts of same transaction, iii. 418. to explain facts, on behalf of prisoner, iii. 419. expressions of goodwill to murdered person, iii. 419. passages explaining libel, iii. 419. of conduct in charge for conspiracy, iii. 419, 420. EVIDENCE- continued. of works published by defendant, iii. 420. must be connected with the facts proved against him, iii. 420. evidence of several transactions when cumulative instances are neces- cases as to the relevancy of evidence, iii. 420, et seq. articles found in prisoner's house after his apprehension, iii. 421. papers and writings, iii. 422. letters, iii. 423. answers to advertisements, iii. 423. not necessary to prove handwriting, iii. 423. on indictment against company for not repairing a bridge, evidence as to prisoner giving evidence of a conspiracy to suborn wit- evidence of character, iii. 424, et seq. See CHARACTER. what allegations must be proved and what may be rejected, iii. 428, et seq. instances of surplusage, iii. 428. descriptive allegations cannot be rejected, iii. 429. place, iii. 429. name of owner of property, iii. 429. conviction pro tanto, iii. 430. proof of so much of the indictment as constitutes a crime punishable of simple larceny in charges of burglary, &c., iii. 431. and the indictment charge the minor offence, iii. 431. of common assault on charges of unlawful wounding or inflicting instances of divisible averments, iii. 432, et seq. joint offence charged and one alone convicted, iii. 433. with what precision the allegations which cannot be rejected must be sup- rule that the substance of the issue only need be proved, iii. 433. proof of offence charged, iii. 434. matters of inducement, iii. 434. instances of fatal variances, iii. 435. charge of cutting where offence was stabbing, iii. 435. oath laid as taken at assizes when at a gaol delivery, iii. 435. place laid immaterial where offence not local, iii. 435. where the offence is local, iii. 436. where offence partly local and partly transitory, iii. 436. proof of value, iii. 437. videlicet, iii. 437. identity, iii. 437. of the proof and effects of documents, iii. 439, et seq. public documents, iii. 439, 442. statutes, iii. 439. preamble of Act of Parliament, iii. 440. journals of Houses of Parliament, iii. 440. proclamation, iii. 441. Documentary Evidence Act, 1868, iii. 441. orders of Privy Council, iii. 441. of government departments, iii. 441. of Postmaster-General, iii. 442. certain official public documents to be evidence without proof of seal or judicial notice to be taken of signature of judges of the supreme court, certificate by person de facto but not de jure in office, iii. 443. law-list evidence, iii. 443. EVIDENCE- continued. Building Societies Act, proof of certificates and rules, iii. 444. certificate of incorporation of company, iii. 444. register of newspaper proprietors, iii. 444. minutes of meeting of town council, iii. 444. bye-laws of municipal corporation, iii. 445. gazette to be evidence, iii. 445. minutes of creditors' meeting, iii. 445. depositions, iii. 445. orders and certificates of Board of Trade, iii. 446. registers and certificates of patents, iii. 446. deeds of arrangement, iii. 446. bye-laws under Sea Fisheries Act, iii. 446. documents under Submarine Telegraphs Act, iii. 446. orders, reports, and certificates under Lunacy Act, iii. 447. regulations under Inland Revenue Act, iii. 447. documents under Merchant Shipping Act, iii. 448. records, iii. 448, et seq. previous conviction, iii. 448, 451. See PREVIOUS CONVICTION. sessions book no evidence of trial of appeal, iii. 449. nul tiel record, iii. 450. copies of record, iii. 450. writ, iii. 452. proceedings in courts of equity, iii. 452. ecclesiastical courts, iii. 453. proof of will, probate, administration, iii. 453. judgments in inferior courts, iii. 454. foreign judgments, iii. 454. foreign and colonial acts of state, iii. 455. colonial laws, iii. 455. foreign laws, iii. 456. Irish judgment, iii. 458. documents in different parts of the United Kingdom, iii. 458. mode of ascertaining the law in different parts of the Queen's in foreign countries, iii. 459. conviction before justice of the peace, iii. 459. public books, iii. 459. muster books of navy, iii. 459. book of attorneys, iii. 459. log book of man-of-war, iii. 459. bank books, iii. 459, 474, et seq. vestry minute books, iii. 459. day-book of prison, iii. 459. assignation book, iii. 460. registers of births, deaths, and marriages, iii. 460. examined and certified copies of documents, iii. 462. inspection of records, iii. 463. copy of indictment after acquittal, how obtained, iii. 463. inspection of depositions, iii. 464, 468. copies of depositions to be allowed to prisoners, iii. 465, 468. when coroner's jury have found a verdict of manslaughter, iii. 465. public books, iii. 468. of the proof of private documents, iii. 469. attesting witness, when necessary, iii. 469. handwriting, how proved, iii. 469, 471–474. VOL. III.49 EVIDENCE- continued. expert evidence not necessary, iii. 473. unstamped instrument admissible in all criminal proceedings, iii. 474. banking books when evidence, iii. 474. copies of entries in same, iii. 474, 475. bankers not compellable to produce, iii. 475. inspection of books, iii. 475. costs of application, iii. 475. definition of bank, iii. 475. definition of banker's books and legal proceedings, iii. 476. proof of depositions, iii. 568, et seq. expert evidence, iii. 610, et seq. of witnesses abroad, iii. 641. of accomplices, iii. 642, et seq. See ACCOMPLICES. what witnesses are competent, iii. 653. See WITNESS. EXAMINATION. See STATEMENTS OF ACCUSED. of witnesses on trial, iii. 597. See WITNESS. EXCAVATIONS, near highway, i. 789. EXCHEQUER, forging the hand of accountant-general of, ii. 734. stealing, ii. 236. embezzling by servant of Bank of England or Ireland, ii. 368. of plates to make, ii. 728. EXCISE. See REVENUE forgery in respect to, ii. 725, et seq. EXCOMMUNICATED PERSONS, EXCUSABLE HOMICIDE, what it is, iii. 205. by misadventure, iii. 206. in self-defence, iii. 207. EXCUSE, includes authority, i. 226. EXECUTION, of a judgment against a convict, i. 111. staying, in cases of conviction of infants, i. 117. of murderers, iii. 169. murder by officers in execution of criminals, iii. 134. EXECUTOR, occupancy of dwelling-house by, ii. 24. EXHIBITION, indecent, indictable, i. 748, 751. EXPENSES OF PROSECUTIONS. See COSTS - INDEX, Vol. I. EXPERT EVIDENCE, in lunacy cases, i. 36. in other cases, iii. 610. EXPLOSIVE SUBSTANCE, nuisance by keeping, i. 734. gunpowder mills, i. 734. naptha, i. 734, 735. blasting stone, i. 736. materials for fire-works, i. 736. nuisance by putting on board ship, i. 736. EXPLOSIVE SUBSTANCE- continued. doing any act tending to cause explosion, i. 737. forfeiture of explosive, i. 737. jurisdiction of court, i. 737, 738. placing in letter box, ii. 397. sending by post, ii. 397. manufacturing in order to injure property, ii. 778. destroying house by, any person being therein, ii. 790. having in possession, &c., ii. 778. seizure and search for, ii. 778. placing near ship, ii. 821. destroying building with intent to murder, iii. 279. causing bodily injury by, iii. 300. exploding with intent to do bodily harm, iii. 301. placing near buildings, &c., iii. 301. manufacturing, &c., iii. 301, 302. search for, and seizure, iii. 302. causing explosion likely to endanger life or property, iii. 302. possession of explosives, iii. 302. prisoner and husband or wife competent witnesses, iii. 303. indictment, iii. 303. embezzlement by, ii. 361. pledging for his own use goods intrusted to him, ii. 361. FALSE CHARGES, conspiracy to make, iii. 273. FALSE DECLARATIONS, i. 324. as to election expenses, i. 450. FALSE PERSONATION, is a false pretence, ii. 490. of officer of Inland Revenue, ii. 561. offence at common law, ii. 770. by statutes, ii. 771. to deprive person of real estate, &c., ii. 771. personating and assuming the name of soldiers and sailors to obtain of deceased persons within the statute, ii. 772, 773. |