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HUSBAND AND WIFE, continued.

but he is not liable if she has committed adultery, or deserted
him without sufficient cause. 1098.
5. When she is to be considered as a feme sole, in respect of con-
tracts. 1100.

if she has separate property it will be liable for her contracts.

1104.

she may pass an interest in freehold property, if her husband
has absconded. 1105.

6. Of her privilege from arrest. Id.

7. Actions by, when they must join. 1107.

of their joinder in actions ex delicto. 1112.

effect of their joinder, where he might sue alone. 1116.
consequences of misjoinder. 1117.

8. Actions against, when they must be sued jointly. 1118.
actions ex delicto. 1119.

consequences of misjoinder. 1121.

9. Of deeds of separation.

I.

ILLEGAL; see CONTRACT; ASSUMPSIT, 4, 5; USURY; COVENANT.
money paid in furtherance of an illegal object cannot be recovered

covenants, what are. 634, 5. n.

bonds, what are, 752.

voyage, cannot be insured. 1199.

trading with an enemy without a license is. 1201.

ILLEGITIMACY; see PARENT.

proof of. 934.

when evidence of parents is admissible to establish. 935.
IMMORALITY;

contracts in furtherance of, void. 21.

IMPOSSIBLE CONSIDERATION;

will not support a promise. 40.

IMPRISONMENT; see FALSE.

INDEMNITY;

back. 76.

against the consequences of a crime, cannot be the subject of an

action. 23.

giving a bond of, when a sufficient consideration to support as-

a promise to indemnify will support assumpsit. 31.

INDEMNITY BONDS; see BONDS.

nature of; liability of the obligor. 742.

INDORSEMENT; See BILLS OF EXCHANGE.
of a bill or note, effect of. 396.

restrictive, in blank. 398.

by a person who has no right, confers no title. 401.
may be on a blank stamp. 406.

INDORSER;

liability of. 403 to 405.

effect of laches of, 407.

sumpsit. 28.

INDUCEMENT;

in a declaration, is not traversable. 1378.
when it must be proved. 1379.
INDULGENCE; see BILLS OF EXCHANGE.

to a party to a bill or note, effect of. 457.

an agreement to give, must be binding, in order to discharge

an assent to, is a waiver of discharge. 463.

INFANT; see PARENT.

other parties. 460.

should appear by guardian, or prochein ami, in an action. 135.
not liable for contracts, unless for necessaries, Id.

nor even for necessaries supplied on credit, if he has means of

paying for them. 1548.

or unless he ratifies them after age. 138. 340.

what are necessaries for. 135, 136.

may be a partner. 137. 341.

contracts by, for the purposes of trade, are void. 139. 341.
contracts for his benefit are binding. 140.

liability of, for torts. 141.

not liable on a bill or note. 340.

unless after age he promises, in writing, to pay it. Id.

infancy is a personal privilege. 341.

distinction between void and voidable contracts by. Id. n.
contracts by, not affected by the statute of limitations until six
years after age. 1241.
rights of, in respect of realties, not affected, until ten years after

cannot make a will. 1513.

INNUENDO;

age. 1281.

meaning and use of, in a declaration for slander or a libel. 1385.
INSOLVENT;

not liable on a promise to pay a debt incurred before his discharge
under the insolvent act. 34. n.

INSTALMENT;

when assumpsit is the only remedy for. 5.

INSURANCE;

1. Of the nature of the contract of, and the parties thereto.

2. What may be a subject of. 1129.

smuggled goods or seamen's wages cannot. 1131.

1125.

3. Of the interest which the insured must have in the subject-

4. Re-insurance, double. 1138.

5. Of the requisites of a policy of. 1139.

matter of. 1133.

the common memorandum. 1146. the stamp. 1147.

6. Valued and open policies. 1152.

7. Construction of policies. 1153.

liability of the underwriters. Id. 1563.

8. Of losses by perils insured against. 1155. See Loss.
total loss and abandonment. 1165.

of the nature and effect of abandonment.

1166. 1173. See
ABANDONMENT.

stranding. 1173. general average. 1176. particular average.

INSURANCE, continued.

adjustment. 1180.

9. Warranty, what constitutes; different kinds of. 1181. See
WARRANTY.

seaworthiness. 1189. deviation. 1192. illegal voyage. 1199.
10. Misrepresentation and concealment. 1203.

11. Return of premium.

12. Bottomry and respondentia. 1214.

13. Action on the policy, declaration and pleadings. 1217.
consolidation rule. 1221.

evidence. 1223.

14. Insurance upon lives. 1228.

15. Insurance against fire. 1233.

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a person insured must have an, in the subject of insurance. 1133.
arrears of, not to be recovered for more than six years. 1283.

I. O. U.; see BILLS OF EXCHANGE.

IRELAND;

not beyond the seas, within the statute of limitations. 1249.

but still beyond the seas within 4 Anne, c. 16. s. 19. Id.

1282.

J.

JOINDER;

of parties in actions by executors. 996.
of husband and wife, when plaintiffs. 1107.
when defendants. 1118.

JOINT AND SEVERAL;

covenants, actions on; parties to. 659.

JUDGMENT;

by default, in an action on a bill of exchange. 499.
in an action of covenant. 705.

by default, in ejectment. 902.

against casual ejector, will be set aside, when. 903.

in ejectment, effect of, how to be entered up. 942.

is never final in ejectment. 949.

is evidence only against the parties who are privies thereto. 952.

is not conclusive, unless pleaded by way of estoppel. 951.

recovered, may be pleaded in actions against executors. 1006.

de bonis propriis, of assets, quando. 1011.

according to the right and justice of the case. 1314.
in replevin. 1339.

JUDGMENTS;

against a bankrupt, when preferred to other debts. 278.
what proveable under the commission. 326.

not docketed, rank as simple contract debts. 978.

JUSTIFICATION;

plea of, in an action of slander. 1390.

defence of master, wife, husband, property is a good, in trespass
for an assault. 1410.

all material allegations in a plea of, must be proved. 1417.
other justifications in trespass. 1454.

L.

LACHES;

what constitutes, in the holder of a bill or note. 436.
effect of. 442.

in the obligee of a bond, effect of. 749.

LANDS;

contracts for sale of, must be in writing. 1039.

LANDLORD; see TENANT.

when he may defend, in ejectment against his tenant. 905. 909.
when he may proceed under 1 Geo. IV. c. 87. against a tenant
who holds over. 918.

evidence in ejectment by, against tenant. 922.
tenant must not dispute title of. 925.

LEASE; see FRAUDS, STATUTE AGAINST.

if for more than three years, must be in writing. 1016.
LEGACY;

an action will not lie for, before executor has assented. 1003.
LEGAL OBLIGATION;

assumpsit will lie for a breach of duty arising from. 3.
legal title, plaintiff in ejectment must have. 828.

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may be a witness to a will, but he thereby forfeits his legacy.

1520.

is a good witness for the defendants in an action against the ex-

LEVANCY AND COUCHANCY;

plea of in replevin, when bad. 1336.

LIBEL; see Slander.

definition of. 1360,

ecutors. 1560.

a justice may issue a warrant to apprehend a party charged with

LIBELLOUS;

publishing. Id. n.

prices of libellous prints or books cannot be recovered. 22.

LIBERUM TENEMENTUM;

rules for pleading, in trespass. 1447.

what is admitted by such plea. 1448.

LICENSE;

when an answer to an action for obstructing lights. 560.

for obstructing a watercourse. 568.

from the crown, will enable an alien enemy to trade with this

country. 1127. 1201.

LICENSE, continued.

construction of. 1202.

when a good defence in trespass to real property. 1452.
marriage by. 1457. 1460.

LIEN;

of a carrier. 528. of a stage coach proprietor on luggage. 540.
should be specially pleaded. 1495.

who have a general lien. Id.

who, a particular lien. 1496.

the party claiming must be in possession. 1497.
where a party takes warrant from a factor. Id.
or takes goods in pledge from a broker. 1498.
what operates as a waiver of. ld.

not destroyed though the claim be barred by the statute of limit-

LIFE;

presumption of the duration of. 932.

insurance upon. 1228.

ations. 1499.

party effecting insurance upon, must have a pecuniary interest in.

LIGHTS;

when case lies for obstruction of. 558.

LIMITATIONS;

1. In the recovery of rent. 726.

as to time of making a distress. 806.

2. Statute of, 21 Jac. I. c. 16. 1240.

to what cases it extends. 1241.

1229.

when it begins to run. 1242. in respect of bills or notes. 1246.

where any of the parties is abroad, 1247.

in case of mutual accounts. 1249.

3. Issuing process to avoid the statute. 1251.

what acknowledgment will avoid it. 1253.

4. The 9 Geo. IV. c. 14. 1256.

effect of this act; what promise will avoid it. 1258.

part payment on account is not affected thereby. 1265.

by and to whom the promise must be made within this act.

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LODGINGS;

1271.

letting, is not a breach of covenant not to let, set, assign, &c. 626.
notice to quit, what sufficient. 869.

LOSS; see INSURANCE; AVERage.

by perils of the sea. 1155.

by fire. 1158. by capture. Id. by arrests and detention of

by barratry. 1162.

what constitutes a total loss. 1165.

princes. 1161.

on a general or particular average, how to be calculated. 1177.

1179.

LOST BILLS; see BILLS OF EXCHANGE, 10; GROSS NEGLIGENCE.
right of the finder and transferree of. 464.

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