COLLEGE, sentence of expulsion by, when conclusive, 259. 260. of bankrupt, may compel witness to attend, 6. may examine bankrupt's wife, 69. proceedings of, evidence of the time of bank- conclusive of debt, in action for cre- ditor's share, 275. evidence of petitioning creditor's debt, not conclusive, though no notice, 275. not claiming under the commission- on indictment for perjury before the by act of parliament, sentence of, when conclusive, 262. of excise, condemnation by, conclusive of right of seizure depositions before, in presence of the other party, 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 though general right not set out on the re- one commoner COMMON-RECOVERY, not competent for another, 45. deed to make a tenant to the writ of entry, when evi- 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. of birth of bastard child, how punishable, 126. sentence of, in Exchequer. (See tit. Exchequer, and CONDITION, in deed, parol evidence not admissible to vary, 424. of sale, not to be varied by declarations of auctioneer, 438. of prisoner, evidence against him; 81. 82. not evidence against others, 82. 83. to be taken altogether, 83. on examination before magistrate, though prisoner not to be on oath, Id. in high treason, 84. on death-bed; 201. CONSENT, sufficient to convict, when, 84. 85. of witness to a will, evidence against the will; 201. on indictment for coursing deer" without the consent of of agreement, within s. 4. of stat. of frauds, must be as, of promise to pay debt of third persons; Id. in deed, 424. another may be proved, besides that; 424-427. CONSIDERATION, (continued.) though no consideration stated, 425. 426. different consideration may be shown, in case of 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- what one has said, as to the share of conviction of, renders incompetent, when, 23. CONSTABLE, appointment of, need not be proved, when; 78. 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- 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 to be proved, as set out on the record; 158. 160. article, as to liquidation of damages, need not be set CONVICTION, on game laws, 150. whether necessary to disprove all the qualifications, 150. when to be drawn up; 324. conclusive evidence for him, in an action, until for not repairing a road, evidence of liability, 224. 232. of bigamy, evidence against legality of marriage in a of principal, evidence against accessary, when, 229. 230. 219. CONVICTION, (continued.) party convicted, entitled to copy of conviction, 324. 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- of proceedings before commissioners of bankrupt, 273. 274. of inferior jurisdictions, 325-328. 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- paper, signed by copyholders, evidence as to customs, 194.. CORPORATION, books of, evidence between the members, 319. COSTS, not against strangers, Id. entry in, to be made by proper officer, 320. inspection of, 330-332. deed of, does not require delivery; 361. members of, competent witnesses, when; 57. 59. 98. 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- competent, if liable only in a corporate ca- COSTS, (continued.) sheriff's officer, who indemnifies, not competent, 46. on taxation of, expense of witness from abroad allowed, COUNSEL, of depositions taken abroad, not professional confidence with client, 102-106. confidential communications not to be given in evidence, 103. though proceedings finished; 103. solicitor and attorney within same rule, Id. person not an attorney, though considered as such, not of what facts, they may give evidence, 105. third person, who hears the communication, may speak to cominunications to other persons not privileged, 104. COUNTY, inhabitant of, competent on indictment for non-repair of COURT. See tit. Admiralty, Chancery, Ecclesiastical. proceedings in, how proved; 296. 298. whether a party has a right to a copy 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 CREDITOR, of bankrupt, when competent, 51. See tit. Bankrupt. conviction of, incapacitates witness, 22. CRIMES, what incapacitate a witness, 22. 23. CRIMINAL CONVERSATION. See tit. Adultery. CUSTOM. And see tit. Tolls. that lord of manor shall have common in all the lands de- |