21. Not neceffary that fubfcribing
witneffes fhould fee the party
execute the deed,
ii. 177
22. Cancelled deeds, how far ad-
miffible in evidence, 178, 179
23. Alteration of deeds by a ftran-
ger in an immaterial point, does
not avoid them,
179
24. Secùs, if it be a material point;
or the party executing alter the
deed, though not in a material
point,
ibid. 180

DELEGATION.

1. Nature of a delegation, and how
it is made,

i. 392
2. Effects of a delegation, 393, 394
3. Whether the delegant is anfwer-
able for the infolvency of the
fubftitute,
394-396
4. Difference between delegation,
transfer, and fimple indication,
396

DELAY, DEMEURE.

1. When a debtor is deemed to be
en demeure,

i. 83
2. Effects of demeure or improper
delay,
ib. 84, 85
3. How delay is purged, 84
4. Delay or neglect of one of feve-

ral debtors in folido affects his
co-debtors, ad confervandam et
perpetuandam obligationem, non ad
augendam,
151, 152

DISCUSSION.

1. Origin of the exception of dif
cution,

i. 262
2. What fureties may oppofe the
exception of difcuffion, 263
3. In what cafe the creditor is fub-
ject to difcuffion, and when the
exception of difcuffion ought to
be oppofed,
ibid, 264
What goods the creditor is
obliged to difcufs,
265,266
5. Not property belonging to the
debtor out of the kingdom, 265
6. Nor, property in litigation, ibid.
7. Nor, property hypothecated by
the principal debtor, when the
principal debtor has alienated
it, and it is poffeffed by third
perfons,
ibid.

8. A furety for one of feveral
debtors in folido may demand
the exception of difcuffion of
them all,'
i. 266

9. At whofe expence the difcuffion
ought to be made,
267
10. Whether the creditor, who has
failed to make the difcuffion, is
refponfible for the infolvency of
the debtor,
ib. 268

DIVISIBILITY.

1. Nature of a divisible obligation,
i. 171, 172. 179

2. Distinction between civil and
intelle&tual divifibility, 172
3. Obligations in faciendo, and in
non faciendo, as well as in dando,
are divifible, when the object of
fuch obligation is fufceptible
of being divided, or executed by
parts,
173
4. The obligation to deliver a piece
of land, whether divisible, 176,

177

5. The obligation, refulting from
the bequest of a fum for the
building of an hofpital, or for
fome other purpose, is divifible,
178, 179

6. Nature and effects of divisible
obligations,
179
7. Obligations become divifible on
'the part of the debtor, or of the
creditor, when either of them
leaves several heirs,
ibid.
8. First effect of the divifion of an
obligation on the part of the
debtor. Each heir is liable only
for the part of the debt for which
he is heir,
180
9. Firft modification of this effect:--

With regard to hypothecatory
debts, each heir being poffeffor
of the property hypothecated, is
bound hypothecatorily for the
whole; though he is perfonally lia-
ble only for his part of the debt, ib.
10. Second modification:-In regard
to debts of a specific thing, only
the heir of the patrimonial ef-
fects, of which fuch specific thing
constitutes a part, is liable; the
heirs of other kinds of property
are not liable,
ibid.
11. Third modification:-Between

feveral

feveral heirs, who fucceed to
that branch of the property,
which contains the thing fpeci
fically due, the creditor may fue
him, to whofe lot it falls, for
payment of the whole, in what
cafe,
i 180, 181
12. Fourth modification:- When a
debt confifts in the fimple refti-
tution of a thing, of which the
creditor is proprietor, and to
which the deceafed debtor had no
title, his particular heir, who is in
poffeffion, is liable to the reftitu-
tion of the whole, 181, 182
13. Fifth modification:-Any one
of the heirs, by whofe act or
fault a fpecific thing has perished,
is liable for the whole debt, and
the others are liberated; unless a
penalty were ftipulated, 182, 183
14. If the thing perish by the

manner,

fault or the frud of feveral of the
heirs, they are each bound in
folido,
184, 185
15. Sixth modification:-Although
an obligation be divifible, one of
the heirs of the debtor may be
liable for the whole of it, in what
185
16. But, except in the cafes fpeci-
fied, each heir is fubject to
divifible debts, only for his own
part; and not for the furplus,
even though his co-heirs be in-
folvent,
ibid.
17. Exceptions from this laft prin-
ciple,
186, 187
18. Second effect of the divifion

188

of a debt; which confifts in its
being capable of payment in
parts,
187
19. Exceptions.-ft, With regard
to alternative debts, or debts of
indeterminate things,
20. 2d, When it is exprefsly
agreed that a debt fhall not be
payed by parts,
189
21. But this agreement does not
prevent the payment of the debt
in parts to the different heirs of
the creditor,
190
22. 3d, When, from the nature of
the contract, or of the thing
which is the fubject of it, cr
from the end propofed, it is the
contracting parties' intention that

the debt should not be paid in
parts,
i. 190, 191
23. Effect of the divifion of a
debt, as well on the part of the
creditor, as on that of the debtor,
191, 192
24, A debt, which is divided be-
tween the heirs, either of the
creditor or of the debtor, be-
comes indivifible, by the reunion
of the portions of fuch heirs, in
a fingle perfon, 192, 193, 194
25. Secùs, when a debt has ab
initio been contracted feparately,
194

26. Difference between the debt of
feveral fpecific things, and that
of feveral indeterminate things,
with regard to the manner in
which they are divided, ibid.

ib. 301

1. General preliminary obferva-
tions on the law of evidence,
ii. 141, 142
2. Divifion of evidence into literal,
or parol; fee Parol Evidence,
and Written Evidence.

3. Of the rule requiring the best
evidence the nature of the cafe
will admit,

ii. 147
4. No evidence can be brought,
which fuppofes ftill greater evi-
dence behind, ibid. 148, 149
5. Cafes, in which prefumptive
evidence of a neceffary fact is
allowed; although the subject
would admit of more authentic
evidence,
151

6. All confiderations of evidence
must be pursued with reference
to the fubject matter to which it
is applied,

284
See Confeffion; Onus Probandi;
Prefumption, 20.

EXAMINATION (of Witneffes).
1. Before whom to be taken, ii.
228

2. Where witneffes cannot be ex-
amined, depofitions, regularly
taken in a former proceeding
VOL. II.

between the fame parties are
admiffible in evidence,
ii. 229
3. In cafe of the death of witneffes
proving a bankruptcy, a true
copy of their depofitions fhall be
evidence to prove fuch bank.
ruptcy,
ibid.
4. In cafes of felony, if a deponent
die, his depofitions may be read
as evidence on trial,
ibid. 230
5. Whether the examination of a
pauper refpecting his fettlement,
before two juftices who did not
remove him, is admiffible on an
appeal from an order fubfequent-
ly made,
230, 231
6. The private examination (be-
fore birth) of a woman pregnant
is, in cafe of her death, evidence
against the putative father, 231
7. In examining witneffes, their
depofitions must be given on
oath,
234
8. Comparative view of the ad-
vantages refulting from a public
examination in open court, and
a private examination before a
judge or commiffioners, 235,
236
9. Strictures on the degree of af-
fent to be given to the teftimony
of witneffes on their examination,
237-244
10. And on the mode of examining
witneffes,
245-250
11. Witneffes, examined with a
view to difcredit the teftimony
of others, cannot be admitted to
depofe to particular facts of
criminality,
260
12. Though a bankrupt cannot be
called as a witness to prove his
own bankruptcy, yet what was
faid by him at the time in ex-
planation of his own act, may be
received in evidence,

FACT.

285

Of the distinctions between law and
fact, fee Law,

FIDEI COMMISSUM.

1. Characters of,
ii. 493
2. Diftinction between, and an in-
ftitutior,
509
3. Fidei commifa are upported only
by the intention,
516
FORCE,

1. Fraud is a defect in contracts,
i. 12
19

2. Explanation of the term,
3. Does not effentially vacate a
contract, in what cafes, ib. and
note (b), 20, and notes (a) (b).
4. To impeach a contract, the
fraud must be committed by, or
with the participation of the op-
pofite contracting party, 20, and
note (c).

5. Although by the English law, a
third perfon fhall not be punished
for the fraud of another, yet he
fhall not avail himself of it, ib,
note (c).
6. Objects comprized in the statute
of frauds,
ii. 193, 194

HAND-WRITING.

1. Of the evidence of hand-writing,
ii. 182

2. Comparison of hands, how far
prefumptive evidence, in civil
and criminal cafes, ibid. 183
3. Comparison of hands not fuf-
ficient for the original foun-
dation of an attainder for treason,
183
4. Proof of hand-writing must be
made by perfons having a pre-
vious knowledge of it, 184
HEAR-SAY EVIDENCE.
1. Of the admiffibility of hear-fay
evidence, ii. 283, 284. 296, 297
2. Where hear-fay evidence is a
nere narrative of an event, 284

-286

3. In cafes of confpiracy, the als
of any of the parties concerned
are admiffible evidence against
the others,
ii. 286

4. The acts of an agent (within the
limits of his appointment) being
the acts of the principal; what-
ever is reprefented by fuch agent
in the course of the tranfaction
is evidence against his principal,
287, 288
5. Exception to the rule for ex-
cluding hear-fay evidence, 289,

200
6. Declarations of perfons under ap-
prehenfion of death, how far ad.
miffible,
293, 294

See further Examination, 12; Pe-
digree, 2; Reputation,

1. Nature of an indivisible obli-
gation,
i. 172, 173

2. Different kinds of indivifibility,
174

3. Firft, abfolute, or individuum
contra&u,
ibid. 175

4. Secondly, of obligation, or in-
dividuum obligatione,

174

5. Thirdly, of payment, individuum
folutione,
176
6. Whether the obligation to de-
liver a piece of land be indivifi-
ble,
ib. 177

7. The obligation of doing a day's
work is indivifible, 177, 178
8. So, the obligation of doing a
piece of work,

178
9. General principles concerning
the nature and effects of indi-
vifible obligations,

195
10. Difference between indivifi-
bility and folidity,
196
11. In indivifible debts, the debtors
or creditors, or their heirs re-
fpectively, are creditors or debtors
of the whole; but not totaliter,
ib. 197
12. Effects of the indivifibility of
obligations in dando aut in facien-
do, with respect to the heirs of
the creditor,
197
13. Each heir may demand the
whole; but on failure of pay-
ment, he can claim damages
only for the part for which he is
heir,
197-199
14. Effects of indivifible obliga
tions, in dando aut in faciendo,
with respect to the heirs of the
debtor,
199
15. First cafe; when the debt is of
fuch a nature that it can only be
acquitted by the particular heir
of the debtor who is aligned,