Page:United States Reports, Volume 1.djvu/515

x  An entry made nineteen years ago in the Defendant's books, that a note of 13 years ftanding was paid, was allowed to be read in evidence, to fupport the general prefumption of payment after fuch a length of time.

A book given in evidence to the Jury, with a direction, that if they thought it was a tranfcript from another book, to pay no regard to it.

A fheriff's deed allowed to be read in evidence, without producing the record.

If one of two witneffes to a deed becomes interefted, the other muft be called, or proof given that he cannot be found ; otherwife the deed may not be read in evidence.

The regifter of a fhip, certified by the naval officer under his feal of office, admitted to be read in evidence againft the Defendants, though the writ, with refpect to the Defendant that made the regifter, was returned non eʃ t inventus.

On an indictment for a nuifance, the Defendant cannot give evidence, that the act charged is beneficial to the public.

Parol evidence of the declaration of the grantor, amounting to a confeffion againft himfelf, though made aƒter the execution of deed, may be given to the Jury.

Poffeffion of a bill of exchange is evidence of an authority to demand payment of its contents.

A writing under feal, cannot be given in evidence to fupport an action of affumpfit on a promiffory note.

An entry in a fhop book is not evidence, to charge a man upon a collateral affumpfit, to pay the debt of another.

When a confeffion is given in evidence, all that was faid muft be ftated, and the whole, generally fpeaking, ought to be taken together, unlefs circumftances of improbability appear.

A judgment in a foreign attachment in a fifter ftate, is not conclufive evidence of the debt in an action herr between the fame parties.

₢uere, How far books are admiffible (not to prove a charge againft a party to the fuit, but) to fhew a collateral fact, whether a third perfon was the defendant's debtor at a particular period?

In order to prove that the goods in queftion were brought of a third perfon, and not of the Plaintiff, the entry in the bookds of the third perfon muft be fhewn ; his clerk's fwearing that he had made it, will not be admitted.

The proses verbal delivered into the Admiralty at a foreign port, was not admitted to be read in evidence in an action againft the underwriters.

The proteft of a Captain of a veffel made at a diftant day, and not at the firft port of arrival, was refufed to be admiited in evidence.

A fpecial verdict in another action upon the fame policy, but againft different underwriters, was allowed to be read in evidence, upon proof of an agreement of all the underwriters, to be bound by one verdict.

In what cafes parol teftimony is proper to be admitted to explain, and control the operation of a deed.

In an action of aʃʃumpʃit for money had and received, deeds, or other writings, which are not the immediate foundation of the fuit, but only leading to it, may be read in evidence.

A printed copy of an act of Affembly of Virginia, printed by the law printers there, and ftitched up, with a few others act, in a blue paper cover, in good evidence to be read to a Jury.

See ''Deed. Treaʃon. Bail. Ejectment. Grand Inqueʃt.''

Execution cannot iffue upon a judgment confeffed on a bond by warrant of attorney until the time given for payment of the bond is elapfed.

A perfon committed in execution by a Juʃtice for a debt exceeding Ł10. difcharged on a ''Hab. Corp.''

A perfon attending Court is not privileged from being arrefted on a Ca. Sa.

A prior judgment creditor, cannot come in under an execution, iffued upon a fubfequent judgment, againft a bankrupt, and levied before an act of bankruptcy ; but the Plaintiff in the execution fhall have the money.

There is nothing in the act of Affembly, which precludes the fheriff from holding an inqueft after the return of a ''Fi. Fa.''