INCLOSURE: title under, proved by award, 100. a defence in action for disturbance of way, 347. INCORPOREAL RIGHT: can only be conveyed by deed, 405. INDEBITATUS COUNTS: effect of payment of money into court on, 45. cannot be sustained, unless conveyance complete, and nothing remains when they may be maintained, in case of special contract, 283. INDIA: depositions in, 79. INDICTMENT: preferment of, not proved by minute-book of clerk of the peace, 73. INDORSER of BILL. See Indorsement. notice of dishonour to, 216. when discharged by time given to acceptor, 229. admissibility of his evidence, 230. 234. who has been sued and paid, may have money paid against acceptor, 289. but cannot recover costs of former action, id. INDORSEMENT: on promissory note, time of, presumed from date, 20. of date of, 66. on bill of exchange, how proved, 209. not admitted by acceptance, id. though payee be drawer, id. if made before acceptance, quære, id. bill drawn in name of fictitious person, id. offer to pay by acceptor, unnecessary to prove handwriting of admission of, by indorser, not evidence against acceptor, id. authority to indorse, when presumed, id., 210. of wife, in her own name, 210. of partner, in name of firm, id. not by power given to partner, on dissolution, to receive may be given by parol, by retiring partner, id. date of, must be proved, id. identity of indorser, id. what indorsements must be proved, id., 222. intermediate, effect of striking out, 211. title of plaintiff as indorsee, id. possession of bill indorsed in blank, id. joint, need not be proved, unless special indorsement to firm, id. or unless plaintiffs sue in a special character, id. if indorsement denied, id. what admitted by, 222. 233. evidence of money lent by indorser, 223. 234. want of consideration of, not evidence of want of consideration_be- INDORSEMENT - (continued) admits prior indorsements and handwriting of maker, 233. INDUCTION: proof of, in ejectment by parson, 443. parson cannot have trespass q. c. f. before, 484. INFAMOUS WITNESS. See Witness. INFANT: admissions of guardian or prochein amy, not evidence against, 41. evidence of guardian inadmissible for, 110. acceptor of bill cannot set up infancy of drawer, 208. may have action for breach of promise of marriage, 252. cannot bind his father without authority, 277. deserted, whether father liable for necessaries, id. cannot state, but may ratify an account, 301. co-contractor, must not be joined as defendant, when, 302. See Abate- ment. contract by, for purposes of trade, void, 302. 312. infancy a defence in assumpsit, 311. except for necessaries, id infancy must be specially pleaded, id., 302. no defence, if action be in fact founded on a tort, 311. what are necessaries, id. governed by fortune of defendant, id. servant's livery for infant captain in the army, id. fine on admission to copyhold, id. necessaries supplied to wife, id. money advanced to liberate him when taken in execution for not material that infant had sufficient allowance, id. nor inquiry by plaintiff whether articles necessary, id. what are not necessaries, id. infant not liable for contract of partnership during infancy, if when liable for clothes, id. not liable on acount stated, 312. nor on bill of exchange, id. unless accepted after 21., id. goods delivered to carrier for, id. not liable on warranty of horse, id. nor for money lent, though laid out in necessaries, id. plaintiff may reply ratification, id. must be an express promise in writing, and signed by the no particular form necessary, id. infant not bound beyond that promise, id. if plaintiff replies ratification, proof of infancy is on defendant,id. infancy, how proved, 313. 151. incapable of making will, 436. cannot be a trespasser by subsequent assent, 487. when he may have trover for goods given him by his father, 510. cannot be made bankrupt, 530. property of, not within 6 Geo. 4. c. 16., as to reputed ownership, 553. jurisdiction of, not judicially noticed, 52. judgments of, how proved, 80, by court book, id. INFERIOR COURT — (continued) INFIDELS: by minutes, 80. or examined copies of minutes, id. evidence must be given of previous proceedings, id. semble, conclusive between same parties on same subject. id. certificate from commissioners for settling debts of the army, id. by default, not evidence against defendant on removal into superior incompetent witnesses, 104. INFORMATION: proof of, in action for malicious prosecution, 385. INFORMER : when competent witness, 115. See Witness. INHABITANTS: parol evidence of past usage to explain meaning of word, 15. evidence of, when admissible by statute, notwithstanding interest, 115. INNKEEPER : liability of, 357. to prove messuage within chapelry, id. on issue to try customary right, id. in ejectment to recover parish premises, id. when waived by act of other party, id. INNUENDO: proof of, in case for defamation, 374. See Defamation, INQUIRY: what sufficient to let in handwriting of absent witness, 88. what sufficient, where residence of party to a bill is not known, 221. proof of, 75. by copy of the judgment roll, id. commission must be proved, id. in case of commission under Great Seal, 76. under seal of Exchequer, id. ex officio, id. unless it be old, id. or of general notoriety, id. need not be proved where commission or appointment general, id. coroner's, not conclusive, id. of lunacy, evidence, but not conclusive against third parties, id. post mortem, evidence of facts found by them, id. of crown and church lands, id. of the Hundred Rolls, il. INQUISITION - - (continued) survey of a manor, 137. under commission from court of Exchequer, id. Pope Nicholas's taxation, id. valor beneficiorum, id., 138. domesday book, 138. caption of seisin to use of Duke of Cornwall, id. of sheriff's jury to ascertain value, inadmissible against sheriff, INROLMENT: of bargain and sale, proved by indorsement of proper officer, 74. execution of deed inrolled, need not be proved, if a record, or made of specification, 350. INSANITY: insane persons incompetent witnesses, 103. not a good defence in assumpsit, 313. unless plaintiff knew and took advantage of it, id. of testator, avoids will, 436, 437. may be disproved by will itself, 437. INSOLVENT: evidence of, inadmissible for his assignees, 110. creditor of, when admissible witness, id. 112. delivering up lease, not liable for rent accrued since insolvency, 199. bill must be delivered by attorney for business done in Insolvent Court, 256. plea of discharge of defendant, in action of assumpsit, 310. evidence under such plea, id. seal of Insolvent Court need not be proved, id. plea of insolvency of plaintiff, id. evidence under, id. assignment by, when void, 539. declaration of insolvency an act of bankruptcy, 543, 544. order for discharge of, defence for sheriff in action for escape, 615. proof of, in ejectment by parson, 443. INSURANCE: what proof of loss of policy necessary to introduce secondary evidence, 4. receipt in policy, when conclusive, 39. declarations of persons interested in policy, admissible in actions on, 40. effect of payment into court, on count for total loss, 45. into Court. opinion of witness when admissible as to, 130. See Payment memoranda of heads of insurance, when exempt from stamp duty, 157. alteration in policy, when it requires fresh stamp, 169. evidence in actions on policies of marine insurance, 235. proof of the policy, id. if signed by agent, proof of agency, id. parol evidence of what passed at time of signing, inadmissible, id. aliter, of usage of trade, id. proof of interest in ship, id. by possession, or acts of ownership, id. by evidence of captain or master, id. certificate of registry, not even primâ facie evidence, 236. INSURANCE (continued) by regular proof of title, 236. proof of interest in goods, id. by possession, or acts of ownership, id. where master is dead, id. possession of bill of lading proof of ownership by 6 Geo. void verbal agreement for sale, no proof of, id. variance in, id. averred in single person, proved in several, id. averment of interest at time of policy proved by interest averment of interest in A. B. proved by adoption by A. B., averment of interest under new rules, 237. proof of inception of risk, id. by evidence of crew, id. by destination in charter party, id. by clearing out for particular port, id. by convoy bond, id. by licence for particular port, id. when risk commences in policy on ship or freight "at and from," it. by opinion of brokers and merchants, id. proof of shipment of goods, id. by captain, or if dead, by bill of lading, id. by official papers, id. in policy on freight, id. proof of compliance with warranty, id. See Warranty. secondary evidence of, id. must be shown to apply to the voyage in question, id. proof of loss, id. See Loss. proof of abandonment, 245. See Abandonment. defence. misrepresentation and concealment, 246. what assured are bound to communicate, id. not matter of opinion, id. opinion of underwriters, quære, id. materiality of fact, a question for the jury, id. sufficient if representation substantially performed, id. goods fraudulently overvalued, contract void, id. deviation, 247. what amounts to, id. to assist a vessel in distress, id. when delay amounts to, id. non-compliance with warranties, id. payment, id. custom that credit taken between broker and underwriter |