"(a) The sixth section of the act of the session of the twenty-eighth and twenty-ninth year of the reign of her present Majesty, chapter eighteen, intituled "An Act for amending the Law of Evidence and Practice on Criminal Trials," shall not apply to a defendant who is called as a witness, unless such defendant has given evidence of good character.

"The expression 'defendant' in this act includes a prisoner and any accused person."

INDEX.

ABSENT WITNESSES:

statements by, when admissible

ACCEPTANCE:

of contract, by post

of contract must be unqualified

of goods, within Statute of Frauds, may be implied

ACCOMPLICE:

is a competent witness

evidence of, must be corroborated

dying declaration by, is admissible
confession is not evidence against

ACCOUNT:

taken by direction of court, is prima facie evidence of

contents

228

presumption of accuracy of, when unobjected to 270, 274
right to, proof of

fraudulent item in, is ground for reopening

507

507

must be set out, by executor answering interrogatories.. 610

ACKNOWLEDGMENT:

sufficiency of, within Statutes of Limitation, is a ques-
tion for judge

of receipt of rent, is not evidence of title

..

21

.. 185

of landlord's title, is evidence against subsequent tenants 215
in deed, of payment of consideration, is conclusive

of wills to attesting witnesses

of debt barred by limitation must be in writing

of debt barred by limitation must be unconditional
of specialty debt must be in writing

ACQUIESCENCE:

estoppel by

273, 438
419

.ACT:

evidence of

admission by

154

263

ACT OF BANKRUPTCY:

hearsay evidence of..

ACT OF PARLIAMENT :

construction of, is for judge..

:

public, will be judicially noticed

private, proof of, under Documentary Evidence Acts

is not admissible in criminal cases

not operating as an estoppel may be rebutted

need not be pleaded

by act, conduct, or acquiescence

is not evidence against maker in another character

by soliciting false evidence

from unanswered letters

276

277

281

282

283

284

285

286-

288

289

is not admissible against another person without proof of
joint interest

cannot be used at trial if party cross-examined objects

.. 602
. 622

when filed, cannot be withdrawn to prevent cross-exami-

in documents, presumption as to

in bills of exchange or promissory notes, effect of

AMBIGUITY:

patent and latent, definition of

latent, may be explained by parol evidence ..

AMENDMENT :

under Common Law Procedure Acts

Chancery practice as to

of pleadings, existing rules as to

in criminal cases

625

625

628

629

30

31

163, 275, 277

257

280

592

324

89

90

449
449, 453

511
.. 512
513

516, 519

of indictment, cannot be made after prisoner's counsel'

APPEAL :

evidence on

amendment on

use of judge's notes on

ARBITRATOR:

competency of, as a witness..

ATHEIST:

competency of, as a witness

ATTENDANCE OF WITNESSES:

mode of enforcing

under commission

ATTESTATION:

of bills of sale

of wills

ATTESTING WITNESS:

to will, evidence of

to will, may be contradicted

:::

:

:

::

need not be called, if attestation is unnecessary
need not be called, if document is thirty years' old

385

385

386

need not be called, if document is not produced after
notice

..