of this act as to witnesses, 7. Enough a witness makes his mark, 7. An annuity to the wife, her husband not a witness, S. Not sufficient if A and B attest the will, and B and C the codicil, 8. Witnesses competent are disinterested at the attestation or probate, 9. Made good by a release, 10. Once proved, the competency of the witnesses is no longer a question, 12. Material parts of Massachusetts act, June 29, 1785, as to wills proved abroad. 12. Enough if the testator may see the witnesses sign, 13. A will made, or paper written for fear of mortality, proved as a will, 13. Will proved; testator and one witness made their marks, witnesses all dead, &c., 14. Attested copy, 15. Probate, 16. Administrators right to sue, 17. What a witness must believe, 18.

Doubtful what piece of land in a will was intended, the writer of the will sworn to explain. See Boundaries; see Devises.

III, ch. 93, a. 3. Only declarations made by a testator at the time of making his will can be admitted to be proved, 24. Revocation of, iii, ch. 93, a. 2. 8; a. 3. 5, 28. See Revocation.

III, ch. 99, s. 13. Sealing a will is not evidence of signing it. Revoked by implication. See Revocation; and iii, ch. 101, a. 5. 32; and iii, ch. 93, a. 2, a. 3.

Rules in construing wills, iv, ch. 125, a. 1. 10 to 15.

Words in a will that do or do not include several kinds of property, iv, ch. 125, a. 7. 8.

IV, ch. 127, a. 2. 14 18. Witnesses to devises and wills by act of Parliament extended to the Colonies, 20, 27. Re-enacted A. D. 1784.

IV, ch. 127, a. 6. 1 to 15. Who credible witnesses to wills. Wills in several States, vii, ch. 223, a. 1 to 17. Wills inofficious, ii, ch. 51, a. 2. 18.

VII, ch. 223, a. 11. 37. How long contestable in Virginia, and in what courts.

WILL, tenant at; what used to be considered a tenancy at will is now viewed as one from year to year; Clayton v. Blake, i, ch. 32, a. 9. 3.

I, ch. 1, a. 40. An estate at will is no consideration of a promise.

Tenant at will is not liable for waste, iii, ch. 78, a. 10. 5; but iy, ch. 133, a. 2. 5.

Is a witness to prove a feoffment he attested; may have trespass for taking away his emblements. See Emblements, iii, ch. 92.

IV, ch. 133. Estates for years, at will, &c. Mere chattels, s. 2. IV, ch 133, a. 2. 5. Is one in possession of tenements by lease to hold at the lessor's will, or of the lessee; has no estate he can assign; has, however, some estate so as to take a release from the lessor; and it is the ground of privity; not liable for negligent, but is for voluntary waste; where one has an estate at will, 6. How he has emblements, 6, 7, 8. See Emblements. Lessee at will, how

viewed from year to year, 9. What a lease for two years, 10. And afterwards at will, 10. How a lease at will may be ended, 10. If a term for years be granted to one indefinitely he is but tenant at will, 12. A license to take the profits of my land is a lease at will, (see Lease and Conveyances, iv, ch. 110, a. 3. 6 &c.) and 16. Estates at will ended in several ways, 14. Tenants for years continues after his term ended, and his rent paid and accepted as before, he becomes tenant at will, 15. So is one entering under a void lease, 15. Need not repair, 16 May be by implication, 17. A feoffment to A without livery he is one, 18. So if he pay rent on a void lease, 19. What determines the will of either, 20. What lessee's disseizin, 20. Where from year to year. 21, 22, 23.

IV, ch. 110, a. 3. Nature of the estate.

WINCHESTER measure established by statute in England and adopted here. See Weights and Measures.

WINDOWS, indictment for breaking, vii, ch. 211, a. 9. 8.

Case lies for stopping or darkening windows, ii, ch. 69; iii, ch. 74. See Land, Ancient Lights. Glass in widows are fixtures, iv, ch. 133, a. 3.

WITCHCRAFT; statutes and laws as to this offence, and how punished in different times, vi, ch. 198, a. 7.

WITHOUT children, iv, ch. 128, a. 5. 1. 2.
Heirs, iv, ch. 128; iv, ch. 129.

Issue, iv, ch. 129, a. 2. 8,

issue. See Not Leaving Issue.

See Estates. Without leaving

WITHERNAM, writ and process of, in replevin; cases, v, ch. 171, a. 3. See Replevin.

WITHDRAWING pleas, v, ch. 144, a. 4. 4; and see Repleader, vi, ch. 183. a. 2; cases.

WITNESS; as to interest &c. See iii, ch. 80, a. 1, Rules &c. One credible witness is sufficient to a jury of any single fact; except, iii, ch. 80, a. 1. 39. Form of his oath, 40. On an indict

ment for forgery &c. the party injured is one, iii, ch. 70, a. 8; iii, ch. 84, s. 23. See Forgery, Usury, Larceny, &c. One is a witness for the government, though he has said (out of doors) he is to gain; same case.. His bond to give evidence intended the truth,

id. The State treasurer must be called as a witness to prove his list of notes, being no part of his official duty to publish it, id.

III, ch. 90, a. 1. 4. Three give a bond, one is sued, other two are witnesses. When a tenant is witness or not; Little's case, 9, 10. One cannot by a wager &c. deprive the party of his testimony, iii, ch. 80, a. 1. 5. A party shall not discredit his own witness; witness to wills, iv, ch. 127, a. 2. 7, and 14 to 20. See Wills. If one sell his part of a cargo, he is a witness.

One is not a witness to swear to a fact when by so doing he probably avoids an action or acquires a right to one, iii, ch. 90, a. 11. 18; iii, ch. 90, a. 1. 14, 16, 17; especially Emerson v. Andrews; and iii, ch. 90, a. 9 &c.

III, ch. 90, a. 1; Pierce's case, 13. B falsely says, C is deserving of credit or trust, hence A takes his note, C is a witness in the

case.

See Handwriting; also Practice. De

As to absent witnesses. lay of trial, vi, ch. 144, a. 6.

Interest in witnesses in cases.

12, there indexed.

See Evidence, iii, ch. 90, a. 1 to

III, ch. 98, s. 2. As to character. An Atheist is one who disbelieves the existence of a God, so not a witness, iii, ch, 98 ; Dutton v. Colt & al. Disbelief in a future state is only to the credibility, 3.

An infidel is a witness if he be not an Atheist, though otherwise formerly, and till the case of Omichund v. Barker, A. D. 1744, iii, ch. 98, s. 3, 4. Why the Jews admitted, 3.

III, ch. 98, s. 1. All descriptions of persons are witnesses except, 1. Those interested considered: 2. Those wanting understanding 3. Atheists: 4. Those convicted of crimes: 5. Husband and wife.

III, ch. 98. One witness is sufficient in chancery where the deft's. answer is clearly false, 1. A Mahometan sworn on the Koran and admitted a witness, 5.

III, ch. 98. As to want of understanding; how much mind is necessary; enough correctly to recollect facts, s. 6. Lunatics and idiots not witnesses, s. 6. Children at an early age not witnesses, s. 7. General rule is fourteen years of age; but some have been admitted at ten and nine years old, s. 7. Usual questioned asked them, s. 7. One under nine admitted in our court, s. 7. Said none under nine, s. 8. One deaf and dumb is a witness if made to understand, s. 9. A child of any age a witness if it understand the nature of an oath, s. 10.

III, ch. 98. Infamous persons convicted of certain crimes are not witnesses, as of treason, felony, perjury, forgery, conspiracy, barretry, attaint, false verdict, &c., s. 11, 12. Former rule, pillory punishment &c., now the crime, s. 12. Must be a conviction and judgment, s. 12. Being guilty of a treasonable libel or slanderous words on the government does not disqualify one, though he be sentenced to the pillory, s. 12. But is disqualified if convicted of barretry or other infamous offence, though only fined, s. 12. If pardoned is restored, s. 12. A person supposed to be infamous cannot be asked any question his answer to which will expose him to punishment, s. 12. An interpreter is a witness if not confidentially employed, s. 13. A juror a witness to set a verdict aside; his testimony not being against the record; so a judge, s. 14, 15. Many exceptions allowed against a juror not allowed against a witness, as affinity &c., s. 15. Statutes in Massachusetts which make provision as to witnesses, s. 16. Witnesses of necessity, as in cases of salvage &c., s. 17. Witness's certificate conclusive as to his attendance, s. 18. By Massachusetts act of February 3, 1798, a Quaker is a witness in every cause, and a juror in a civil cause, s. 19. One pardoned conditionally is a witness, s. 20. Slaves in several States not wit

nesses, 21. Plt. is a witness to prove the death of a subscribing witness to a deed to let in proof of handwriting, s. 22. An informer, where not, 22. The manner of cross examining a witness, s. 23. Not to a distinct collateral fact foreign to the issue, in order to get a fact from him to be contradicted by other witnesses and discredit him &c., s. 23. Several rules and matters, s. 23.

III, ch. 80, a. 1. 35. A witness may refresh his memory by any book or paper, and swear to the fact if he can recollect it.

Witnesses or not on account of interest. See Evidence; especially iii, ch. 90; and several heads, as Agents, Attornies, Corporators, Factors, Trustees, Tenants in Commón, Seamen, Master and Servant, Partners, Warrantors, &c.

WOMEN, unlawfully taking away, vii, ch. 216, a. 5. 2, 3.

WOODS; setting on fire, forbidden by Massachusetts act of March 10, 1797; and see Nusances, iii, ch. 74; and iii, ch. 208, a. 2.

WORDS are to be construed according to their vulgar use, iii, ch. 101, a. 5. 6. Defaced words in writs and records amended, iv, ch. 184, a. 7.

WORK-HOUSE. See House of Correction.

WORSHIP, religious; how supported and provided for. See Ministers and Religion, iii, ch. 48.

WOUNDS; wounding how to be answered in an action of trespass, v, ch. 173, a. 2.

Wounds; if one deceive in curing them, case lies against him, ii, ch. 173, a. 1. 20.

WRECK; only such goods as the sea heaves on shore are wreck; Constable's case, ii, ch. 68, a. 2. 9; and iii, ch. 76, a. 7; and wreck is subject to the common law, vi, ch. 186, a. 5. Shipwrecks, ii, ch. 57, a. 5. 10.

By Massachusetts Colony law of 1641, wrecks were preserved for the owner, iii, ch. 76, a. 7. The king reserved estrays, treasure trove, &c. in the Province of Maine, 19. To wreck the United States have succeeded, and regulated it, id. The consular convention with France on this subject, 37.- Act of Congress of April 16, 1792, directing the district judge shall assist in saving it, 37. Has the Federal government the jurisdiction of it, id.

III, ch. 77, a. 6. 2. One entitled to wreck has the general property before seizure.

WRIT of error. See Error, v, ch. 137 &c. WRITS; one sued against two executors, one being dead, is void ab initio. i, ch. 29, a. 16. 7. Service of. See Service; and v, ch. 175, a. 7; ii, ch. 65, a. 5. Return of, v, ch. 175, a. 10. Where lost, vii, ch. 228, a. 4. 10..

Forms of our writs prescribed in general, v, ch. 175, a. 8; and of executions, iii, ch. 75; and iv, ch. 136. See Executions; Scire Facias, vi, ch. 190; Replevin, v, ch. 171; Trustee Actions,

vi, ch. 192; Audita Querela, vi, ch. 186; Dower, iv, ch. 130,

a. 4.

V, ch. 150, a. 2. 27. Suing of it out proved by parol, vi, ch. 178, a. 21.

35, 36.

Of right, what seizin in, is proper, iv, ch. 104, a. 3. 34,

VI, ch. 178, a. 14. In some counties in Massachusetts till 1786, ejectment in some cases, was in the nature of a writ of right, 1; as Beckford & ux. v. Ellis or Ober, 1. So Trowbridge's opinion, 1. Plea, not guilty usually, till 1803, 1. The effect of joining the mise in a writ of right in cases of certain releases, iv, ch. 110, a. 5. 21, 26, 29.

Mise, how joined, 5.

VI, ch. 178, a. 16. VI, ch. 178, a. 21. Highest writ in the law, r. 9. Lies only for a fee simple estate, 9. Demanded as the demandant's right and inheritance, 9. Seizin, how laid, 9. No disseizin alleged, but only deforcement, 9. Issue, what, on the mise joined, 9. How the verdict finds, 9. Lies principally in four cases described, 10. How the demandant must allege and prove seizin in himself or ancestor &c., 11. Must be brought against him who has a freehold in the land, 11. Actual seizin must be by taking the profits, 11. Formerly within sixty, now forty years, 11. Several demandants must state how heirs, 12.

IV, ch. 104, a. 3. 34; Green v. Liter. What proves sufficient seizin; several points decided. In it every thing is in evidence but collateral warranty; Poor's case, iii, ch. 99, s. 14.

VII, ch. 228, a. 1. The nature of this writ, 1; and where it lies, 1; or not, 1. Not for a purchaser or devisee, but on his own seizin, 1. Has no regard to the rights of possession, 1. The mise is joined on the mere right of property, 1. On it the jury cannot find a special verdict, 1. All is in evidence but collateral war

ranty, 1.

VII, ch. 228, a. 2.

How the declaration must be formed.

VII, ch. 228, a. 3. Plea, issue, and evidence; the mise is joined, but may be special; pleas according to Booth, 1, 2, &c.; and so on the act of Virginia of 1786; Green v. Liter, 3. There may be a common issue joined, 4. When the tenant elects to plead a former judgment or other special matter in bar, 4. Mise, how joined, 4. He may here plead the mise &c. and a common plea, but not in England; the reason, 4. He may pray in aid, 5. Demandant's evidence, 6. Must prove actual seizin, 6; and within fifty or thirty years in Virginia, 6. But need not taking the esplees, 6. Must the demandants prove his seizin to be of right, 7. Can the tenant defend by giving in evidence a better subsisting adverse title in a third person, 8; point examined and explained, 8. Form of the judgment, 9. The view had, 10. Many points decided, 10.