be done. Mr. Gale commenced with the Chapter, "On the Admissibility of Parol Evidence, in explanation of Written Instruments," (page 710), and completed the remainder.

In

The chief part of my duty, in preparing this Edition, has consisted in revising and correcting, making additions and alterations, as I thought advisable. doing this, I have bestowed all the care and attention my power.

in

I ought to make some apology for the size of this Volume, which, I must admit, has far exceeded our calculation; and yet, I doubt whether any material reduction of the size might not have lessened the usefulness and value of the Work.

CONTENTS.

PART THE FIRST.

CHAP. I.

Page

Of the Exclusion of Evidence in certain Cases,

and of Incompetency from Defect of Under-

standing

General Rule as to Credibility and Competency

The several Grounds of Incompetency

SECT. I. Of Incompetency from Want of Under-

standing

Idiots-Lunatics

General Rule

Children

Account given by, not Admissible

2

230

4

4

CHAP. II.

OF Examination upon Oath, and of Incompetency

from Defect of Religious Principle

CHAP. IV.

Or the Evidence of Accomplices, Informers, and

Self-Discrediting Witnesses

SECT. I. Of the Admissibility of Accomplices

General Rule

Objections to Evidence of Accomplices

Accomplices competent

Implied compact with Accomplices

Practice as to admitting Accomplices

Accomplice, separately, jointly, indicted

Breach of Implied Contract

Principal and Accessary

Accomplice admissible for Prisoner

SECT. II. Of the Confirmation of Accomplices

General Rule

Practice requiring Confirmation

Extent of Corroboration

Confirmation as to material Fact

Confirmation as to the circumstances, and as to

the Person

Confirmation by several Accomplices

Wife of Accomplice

Accomplices, who

SECT. III. Informers and Self-Discrediting Wit-

Or the Incompetency of the Parties to the Suit.

General Rule

Policy of the Rule

Objections against •

Answer to Objections

SECT. I. Of the Rule of Incompetency from In-

terest with reference to the Parties

to the Suit in civil Proceedings.

Principle of the Rule

Party to the Suit incompetent

Ground of Incompetency

Nature of Interest

Interest in Costs

Members of Corporations

Inhabitants of Counties, Parishes, &c.

Co-defendant in cases of Judgment by default

1. Effect of a Judgment by Default

Defendant incompetent for Co-defendant

Defendant incompetent for Plaintiff

Defendant when competent for Plaintiff

In Actions on tort

-

Co-defendant suffering Judgment by de-

fault

51

51

52

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52

52