(continued) aliter, if made in course of conversation, 44. that he is attorney on the record sufficient proof of agency, id. admission by, may be used on new trial, 45. though retracted, id. party not released from obligation to admit document under as original lease described as counterpart, id. consequence of refusal of party to make admissions according by payment of money into court, id. See Payment of Money into Court. See Recital. on the record, 48. cannot be disproved, id. on one of several issues not admission on others, id. on plea held bad on demurrer, not evidence on another issue, id. matter pleaded, and not denied, admitted, id. in replevin, id. effect of want of plea of non est factum in covenant, id. fact admitted in pleadings not on same footing as if proved, 49., sed quære. immaterial allegations not admitted by non assumpsit, id. general issue in action by executor, when it admits plaintiff's title admits marriage in action by husband and wife, 49. admits such title only as stated in declaration, id. plea of payment. See Payment. plea of tender. See Tender. new assignment, effect of, 49. making and indorsement of promissory note admitted by replication effect of traverse in rejoinder of immaterial fact in replication, 50. demurrer to bill in equity, effect of, id. judgment by default, admits cause of action, id. so also demurrer, id. aliter, plea in discontinued action, id. effect of plea to an indebitatus count as to a precise sum, id. whole admission must be taken together, 50. 345. if answer in Chancery read, defendant may require bill to be read, assertion of party in conversation given in evidence against him, 50. by infamous witness does not excuse proof of conviction, 105. of client, when proveable by attorney, 124. parol, of debt, may be proved, though unstamped admission given, 154. of acceptor's handwriting, admission of acceptance, 208. not of indorsements, 209. of fraud, in actions on bills or notes, so as to put plaintiff on proof of of defendant, evidence of warranty in action on, 249. oral, of debt for goods sold, evidence of account stated, 300. promissory note unstamped, not evidence of admission under account of publication of libel, 369. of parol lease, 418. by tenant, of period of commencement of tenancy, conclusive, 423, 424. of marriage, in action for adultery, 460. by bankrupt, before bankruptcy, admissible to prove petitioning creditor's proof of title of assignees, when dispensed with by, 549. of bankrupt, evidence of act of bankruptcy, id., 564. by executor, of debt of testator, not evidence of assets, 581. by undersheriff or bailiff, 603. 611. of debt by debtor, before escape, admissible to prove debt in action against ADMITTANCE: heir or granter of reversion of copyhold need not prove admittance in devisee must, id. under 4 & 5 Vic. c. 35., id. of tenant for life, admittance of remainder-man, id. title of surrenderee incomplete before, id. title has reference to surrender against all but the lord, id. unadmitted heir, devisee, &c., may devise, id. proof of surrender and admittance, id. ADULTERY: declarations of wife as to, 44. husband not liable for goods supplied to wife, after elopement or dis- but liable after divorce for adultery in himself, if alimony not paid, evidence for plaintiff in trespass for, 460. proof of marriage, id. strict evidence requisite, id. admission of defendant whether sufficient, id. by examined copy of register, id. but parties must be identified, id. by person present, without proof of registration, license, or of marriage in a chapel pursuant to 26 Geo. 2., and the late provisions of 4 Geo. 4. c. 76., as to publication of banns, 461. in Scotland, Ireland, and abroad, id. in chapel of English ambassador, 462. of British subjects in colonies, id. under 6 & 7 W. 4. c. 85., id. proof of the adultery, 463. not necessary to prove direct fact, id. acts of, may be given in evidence though more than six years have elapsed, and the statute is pleaded, id. ADULTERY- -- (continued) confessions of wife not evidence of, for husband, 463. declarations of wife admissible to prove terms of intercourse with defence, id. evidence to disprove marriage, id. no due publication of banns, id. where they are published in wrong names of parties, id. evidence that the parties lived separate, id. in what cases it is a defence, id. how far profligate conduct of husband is a bar, id. evidence in mitigation, id. ADVANCE: husband's bad conduct, id. previous adultery or wantonness of wife, id. but not acts of subsequent misconduct in wife, id. letters of wife soliciting defendant before the adultery, id., 467. by parent to child presumed to be a gift, 290. ADVERSE POSSESSION: for twenty years, gives title in ejectment, 411, 412. ADVERSE WITNESS: See Entry. See Witness. may be examined as on cross-examination, 126. AFFIDAVIT : secondary evidence of, 10. of agent evidence against principal, 42. when evidence against party making it, 78. for putting off trial on absence of witness, 102. before commissioners of bankrupts not allowed to be read to witness to refresh his memory, 131. of sheriff's officer admitted against sheriff, 140. on application for immediate execution, 185. to hold to bail, preparing, taxable item, 256. of petitioning creditor's debt and bond to chancellor not acted on, not to hold to bail, when necessary to be proved in action for malicious when evidence of act of bankruptcy, 549. when necessary to be proved in action for escape, 610. AFFIRMATION. See Quakers, Moravians. AFFIRMATIVE: rule that proof lies on the party who asserts the affirmative, 71. AGENT: where the presumption of law is in favour of, id. where the fact is peculiarly in the knowledge of the party, id. parol evidence admissible to prove contract entered into as, 12. AGENT(continued) acknowledgment of receipt of money by, effect of, as against himself, 39. by person constituted agent for the purpose of the admission, id. by servant of carrier, id. finding of miner's jury, id. general rule as to admissions by, id. declaration of servant admissible, id. aliter, if made in another transaction, id. letters of agent to principal inadmissible, id. declarations of principal in action against surety, id. letter from agent abroad, stating receipt of money, with of under-sheriff or bailiff against sheriff, id. of surveyor against corporation, id. fact of agency must be proved, 43. proof of recognized agency in other instances, evidence receipt endorsed on writ of summons by plaintiff's at- when he may sue on contract made for principal, 59. act done by, may be stated to be act of principal, 64. general, presumption of authority of, to execute deed, 91. not bound to produce written authority in trespass de bonis &c., 103. competent to prove payment by himself when equally liable to both general competency of, 114. See Witness. incompetent in case of tortious acts, 115. or when agent in particular transaction, id. of petitioning creditor, deposition of, evidence of act of bankruptcy, 141. proof of acceptance of bill by, 207. of presentment of bill to, 213. of agency in actions on policies of insurance, 235. delivery of attorney's bill to, sufficient, 257. within stat. of frauds may be appointed verbally, 265. when auctioneer agent of both parties within stat. of frauds, id. Frauds, Statute of. broker agent of both parties, id. See Frauds, Statute of. delivery of goods to, when principal may be charged by, 277. Sec assent to delivery order for goods by, an acceptance within the stat. of presumption of receipt of value for goods by, 291. when liable in action for money had and received, 291, 292. See Money had and received. cannot set up the jus tertii, 292. cannot set up illegality of transaction against principal, 296. unless he is particeps criminis, id. money expended by, in illegal disbursements with assent of prin- acknowledgment of debt by, insufficient to bar stat. of limitations, 317. AGENT (continued) employed to recover debt, may retain for his labour without set-off, 329. sale of libel by, a publication by principal, $69. demand of possession by, from tenant holding over, 406, 407. notice to quit by, when good, 424, 425. refusal by, to deliver goods, when a conversion by principal, 514. corporation liable for acts of, 515. notice to agent of company of act of bankruptcy, notice to company, 561. AGREEMENT: unstamped part secondary evidence of stamped part, 10. admissibility of parol evidence to discharge. See Parol Evidence. stamp on, 157. exemptions from, id., 158. whether an instrument operates as an agreement or a lease, 419. express agreement does not prevent lien, 519. unless inconsistent, id. ALIA ENORMIA: evidence under, in trespass for assault and battery, 474. ALIMONY: in trespass quare clausum fregit, 489. See where husband liable for debts of wife, before and after decree for ali- ALLOCATUR: master's, proof of, in action on attorney's bill, 255. when bill has been taxed, not conclusive evidence that no more due, 258. when requiring fresh stamp in a deed, 90, 156. in bill of exchange, 164. See Bill of Exchange. onus of shewing not improper, 203. 223. 169. when a good defence in actions on bills or notes, 223. in broker's sale note, 266. in contract for work and labour, 283, 284. in bill of exchange by vendor, who has taken it for goods, 283. of bond, a defence in action of debt on bond, 402. AMBIGUITY: in merchant's account, explainable by parol evidence, 13. latent, may be explained by parol evidence, 16. aliter, if patent, 18. See Parol Evidence. in sentence of foreign court of admiralty may be explained, 142. AMENDMENT: of variances under Lord Tenterden's act, 67. under 3 & 4 W. 4. c. 42., id. |