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RAPE, (continued.)

RATE,

such evidence not admissible, 141. 206.
her general bad character for want of chastity may be
shown, 140.

or her previous connexion with the prisoner,
Id.

the account given by her, immediately after the injury,
admissible, 203.

book for copies of, how kept, 311.

RATED INHABITANT. See tit. Inhabitant.

RECEIVER,

entry by, of receipt of rents, 191. 192.
proof of, 195.

RECITAL,

in deed, when evidence against the party, 356.

RECORD,

what, 218.

when complete, 291.

not to be contradicted, 218. 219.

evidence, that the verdict was entered by mistake, not
admissible, 218.

not conclusive as to facts averred, when the facts are not
traversable, 219.

nor, as to the time of the offence; Id.

keeper of the records may speak to their condition, 219.
inspection of, 322.

admissions on, need not be proved, 141.

issue on nul tiel record, how proved, 289.
variance in proof of, 162. See tit. Variance.

proof of, by exemplification, 289. 290.

examined copy, 291.

office copy, 292.

copy of judgment, signed by master, not evidence, 291.
RECOVERY,

deed to make tenant to the writ of entry, when evidence
of, 295.

RECTOR,

books by deceased, evidence of ecclesiastical dues, 184
-187.

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persons entitled to, on conviction, not incompetent, 30.
cases, in which rewards are given, 86.

ROAD. See tit. Boundary.

on indictment for not repairing, verdict of not guilty on
former trial is not evidence for the parish; 242.

verdict of guilty is conclusive against the parish,

224. and strong evidence against other parishes,
232.

on a question whether the occupier of particular land is
liable to repair, an award between a former occupier
and the township is not evidence, 179.

ROBBERY,

ROLLS,

on indictment for, prisoner may be convicted of simple
larceny, 156. 157.

of manor court. See tit. Manor.

RULE OF COURT,

SALE,

SEAL,

signed by proper officer, good evidence, 292.

S

after proof of sale of goods to the defendant and J. S., J. S.
is not competent to prove the sale to himself alone, 46.

of the king, or public courts of justice, need not be
proved, 290.

of private or foreign courts, how proved, 290. 291. 301.
of corporations, how proved, 291.

SEALING,

SEISIN,

of deed. See tit. Deed.

of devisor, proved by declaration of deceased occupier,

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incompetent to disprove his own negligence in action
against his master, 46. 96.

competent, in action by his master, to prove delivery of
goods, &c. 95.

not to prove acts done by him out of the course of
his duty, when, 95. 96.

SESSIONS,

INDEX.

order of, confirming order of removal, conclusive as to
all parishes, 231.

SETTLEMENT,

discharging, conclusive only that the settle-
ment was not with the respondents, 224.

by purchase of estate,

SHERIFF,

SHIP,

parol evidence may be admitted to show that
the purchaser agreed to pay more
than 301., though the deed expresses
less; 426.

or that less was paid than is expressed,
428.

officer, indemnifying him, not competent witness for
him, 46.

admission of, as to custody of debtor in execution,
See tit.
evidence against sheriff, when, 76.
Agent.

return of, on the writ, evidence of the facts there stated,

294.

inquisition by, 283.

act relative to sheriff's bonds, 220.

property in, proved by possession as owner, 308. 309.

311.

log-book of, evidence of time of convoy's sailing, 312.
register of, evidence of want of title, when, 308. 309.
not evidence of property, unless recognised,
309. 311.

conclusive, that persons not named therein are not
owners, 308.

articles, to be produced by defendant, in action for
wages, 337.

SHOP-BOOK,

entry by deceased shopman, when evidence; 195-199.
by the master, not evidence; 199.

SIGNING,

may be used, as a memorandum. Id.

of deed, or will. See tit. Deed. Will.

SLANDER,

proof of the substance of the words, sufficient, 155.
against person in professional capacity, when necessary to
prove his qualification, 172. 173.

other actionable words, when evidence, 134. 135.

SOLDIER,

examination of, under mutiny act, when evidence, 285.
286. See tit. Examination.

SOLICITOR,

not allowed to give evidence of professional communi-
cations of his client, 102-106.

See tit. Counsel.

SON ASSAULT,

See tit. Trespass.

SPECIFIC PERFORMANCE,

on bill for, defendant may show that the agreement has
been discharged; 446. 447.

STAMP,

or that it is different from that intended;

449-451.

or that they afterwards agreed to a varia-
tion, when, 450.

plaintiff may show the omission of a term, by
fraud; 451. &c.

whether he may show it by mistake or
surprise; 452-455.

cannot vary agreement by parol evidence,

so to have it executed in its varied
form, 456.

part performance of agreement for land, what,
457. 458.

contents of unstamped paper cannot be shown, if stamp
necessary, 386.

other proof of the transaction, besides the writ-
ing, when admissible, 386.

fact of payment may be shown, if receipt
unstamped; Id.

unstamped receipt, used as a memoran-
dum; Id.

agreement admitted on the record, need
not be stamped, 387.

after payment of money into court, want of
stamp no objection, 405.

in action on note unstamped, when plain-
tiff may recover on other counts, 386.
foreign instrument, to be stamped according te
the law of the country; 387.

bill incipient here, completed out of the
kingdom, 387. 388.

of proper value and denomination, 388.
receipt stamp not sufficient for promis-
sory note, Id.

articles of agreement under seal to be
stamped as a deed, 388.

agreement for house, and also for goods
in it, to be stamped as a lease, 388.
value being greater than the true stamp
is not material, if the denomination
right; 389.

where the denomination is different but

of equal or greater value, commis-
sioners may re-stamp, when, Id.

several stamps on one instrument, when neces-
sary, 389-393.

STAMP, (continued.)

new stamp, on alteration of instrument, when
necessary, 398-396.

on bill of exchange or promissory
note, Id.

on policy of insurance, 394.

if the alteration is to correct a mistake, new
stamp unnecessary, 396-398.

unstamped instrument, evidence for collateral
purposes, when; 398-403.

in action for penalty for illegal insurance,

398.

for bribery at election, 399.
unstamped paper, as a memorandum, 399.
as secondary evidence,

399.

unstamped agreement may be inspected,
to ascertain the time with reference
to a subsequent agreement, 399.

or to see the nature of
the hand-writing, 400.
unstamped instrument may be recovered
in trover, 400.

unstamped instrument, evidence in pro-
secution for forgery, 400.

draft, unstamped, not admissible on in-
dictment for secreting a letter contain-
ing, &c., under stat. 7 G. 3. c. 50. s. 1.
401.

policy of insurance unstamped not evi-
dence on indictment for burning, &c.
with intent, &c. 402.

lost instrument presumed to be stamped, when,
403.

want of, when to be repaired, and how, 404.
agreements, what, to be stamped; 405.
fresh item added, 405.

receipt, properly stamped as
such, admissible, though it
contain an agreement, 405.
cognovit need not be stamped;
406.

agreements exempted from stamp, what; 406.

1. memorandum of assurance, Id.
2. memorandum for granting lease,

Id.

agreement, when a present de-
mise, Id.

3. memoranduin for hire of la-

bourer, &c. 407.

agreement for assignment of ap-
prentice not exempted, Id.

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