WITNESS.

1

1. A party offering a contempt to a justice of the peace, is not a competent witness to criminate the justice so as 2. to make him liable in damages, in a special action on the case for false imprisonment, 2. Witnesses may be compelled by subpana, to appear and make affidavits of extenuating circumstances, on the 3. sentence day of the court of sessions, as well as to give evidence on a trial before a jury, 3. The obligee of a bond, who has assigned it over to a third person for a va- 4. luable consideration, is an incompe tent witness to prove payment of it by the obligor, 93 4. In usurious cases, both plaintiff and defendant are competent witnesses,

62

177

5. Where all the witnesses to a bargain and sale are dead or out of the state, their hand-writings must be proved, before the grantor's to the deed, 187 6. Where a witness has got his release to make him competent, he is not to be confined to any one point in the case, but may be examined touching any and all the points in it, 463 7. A witness who has been a confederate in an offence cognisable by a justice of the peace, is not competent to contradict the warrant of commitment by the justice, for a contempt offered to him in his office,

See Justice of the Peace.

WRIT.

1

1. A writ of right never was in use in

this state. Ejectment formerly, and trespass to try title, under the act of 1791, were the only modes of trying title to lands in this state, 135 On the execution of a writ of inquiry, the jury are bound to give some damages, however small, to the plaintiff'; as the defendant's suffering a judgment to go against him by default, 405 admits that something is due, Where a writ or process is lodged after the return day of a court, and before the first day of the sitting thereof, it may be made returnable to the second court, 507 Where a case is put upon the writ of inquiry docket, the defendant has a right to set aside the interlocutory judgment, when the cause is called, and move for leave to plead double,

Y

YEAR AND DAY.

521