INDORSEE-(continued).

cannot be sued by the bail of the maker of a note who have paid it for
him, 441.

may be bail for drawer, 449.

in an action against indorser, not necessary to prove any indorsement
prior to his, 461, 2.

a small variance between declaration and evidence, in his name, imma-
terial, 502.

in an action against hand-writing of drawer and prior indorsers, ad-
mitted by his indorsement, 508. 9.

if a subsequent indorsement be stated, they must be proved, 509.
usual to insert two counts, one stating all indorsements, and one stating
plaintiff as immediate indorsee, if wished not to discharge subsequent
indorsers, 509.

letters written by, in general not admissible in evidence to impeach in-
dorsee's right, 526, 7.

see an exception, 526, 7,

in what cases a competent witness, 532.-(See "Witness.")
sum recoverable against, 535 to 544.-(See " Damages.")

INDULGENCE.-(See “ Giving Time," " Payment.")

the effect of giving time to prior parties to a bill, 371 to 384.

giving time to acceptor or prior indorser, discharges a subsequent
one, 380, 1.

giving time to a subsequent one will not discharge a prior one, 380.
holder of a bill may sue prior indorser after letting a subsequent one
out of execution on a letter of license, 381.

of an accommodation note receiving a composition from payec, and
agreeing not to sue him, may recover from maker, 381.

and a release to such payee, of all claims in respect to note, not know.
ing that he is a surety, will not discharge the maker, 381.

holder of an accommodation bill may take part payment from drawer,
and a promise to pay residue, without discharging acceptor, 382.
this doctrine once doubted now fully established, 382, 3.

effect in case of bankruptcy, 601, 2.

INFANCY. (See " Infant.")

generally specially pleaded, 481.

if pleaded alone no evidence in support of declaration required, 482.-
(See "Evidence.")

INFANTS. (See " Agent.")

contract by, only avoidable, 21.

except in case of necessaries, 21.

what are necessaries, 21.

may not be parties to a bill of exchange, &c. 21.

except in case of necessaries, 21.

cannot be sued on a bill given for necessaries but by original par-
ties, and even then doubtful, 22.

is liable, as acceptor, after he came of age, if a bill drawn before, 23.
is liable, on an express promise to pay after he attained 21, a bill drawn
before, 23.

may sue on a bill in his favor, 23.

but it is said he is bound by a single bill given for necessarics, 22.

may be an agent, 30.

a bill, payable six weeks after he shall come of age, specifying day, is
good, 62. 431,

INFANTS (continued).

cannot make an indorsement so as to charge himself, 144.

and if he does, acceptor and subsequent indorsers liable, 144.
payment of a bill to an infant, how far valid, 358.

if an infant joins in the making of a joint note, he ought not to be
sued, 434.

the same where he is an acceptor of a bill, 453.

and in such case holder ought only to sue him, even if he accepts with
other adults, 453.

and it is no departure to omit such infant's name, 453.

when a third party is an infant in an action by two others, what form
of note holden evidence under the count for money lent, 468, 9.

INFORMAL BILL, &c.

if a bill, &c. is informal in its terms, better to state it in pleading,
with innuendoes, 457.

INITIALS,

party to a bill, giving only the initials of his christian name, affidavit
and proceedings need state them only, 448.

the court will not discharge him on common bail, nor set aside pro-
ceedings, 448.

INJUNCTION-(See "Court of Equity.")

when negotiation of bill restrained by, 143.

INLAND BILLS.-(See " Bills of Exchange.")

INQUIRY.-(Sce" Search.")

INQUIRY, WRIT OF.-(See" Practice," " Reference to Master.")

no occasion to execute inquiry on judgment by default, in an action on
a bill or note, 450, 472, 3, 4, 5.

otherwise if bill is not stated in the declaration, 450, 474.

if bill payable in foreign money, this writ must be executed, 474.
in executing a writ of inquiry after judgment by default, what evidence
must be adduced, 476, 7.

INSANITY,

of a subscribing witness, what evidence of the defendant's hand-writing
sufficient, 486.

INSOLVENCY,

a proposal to pay creditors by instalments, is a suspicious circumstance
of, 155.

not to be inferred from the renewing of bills in particular instances, 155.
mentioned in the 1 Jac. 1. c. 15, and 46 Geo. 3. c. 135, means a ge-
neral inability to pay, 155.

enactment of the stat. 46 Geo. 3. c. 135-155, 6.

debtors or creditors apprehending same, does not render a transaction a
fraudulent preference, 156, 7.-(See " Fraudulent Preference.")

of a principal suspected, equity intitles an accommodation indorser
to retain money in his hands, 190.

to a party to a bill, which has been guaranteed by a third person no
party to it, when excuses omission of notice of dishonor, 265.

INSOLVENCY—(continued).

of the drawee or acceptor, does not excuse the omission of notice of dis-

honor, 271, 2. 292.

does not excuse omission to present for
payment, 316, 17.

must be specially pleaded, 480.

in case of, and debtor discharged by the act, a note given for antecedent
debt, how far maker discharged, 624.

INSOLVENT DEBTOR,

a party to a bill, charged in execution and discharged as an, does not
release the liability of the other parties to it, 384. 441. 4-

evidence that debtor was discharged out of custody, after giving in a
blank schedule, in an action by him against the acceptor, is not suf
ficient evidence of payment, 389.

acceptor of a bill discharged as an insolvent, under Lord's Act, from
execution, may, nevertheless, be sued again on it by drawer who has
paid it, 441. 4.

when he continues liable, notwithstanding discharge, 624.

INSPECTION,

of bill or note to ascertain stamp, not allowed, 472.

INSTALMENTS,

bill or note payable by, what may be recovered on one default, 336, 7.
form of declaration on, 629, 630.

how interest on a note, payable by, is computed, 539.-(Sce" Interest.")
debt will not lie on a note payable, unless all are due, 547.

INSURANCE,

any contract made in consideration of, in a lottery, void, 102.
holder may insure his interest in due payment of bill, 182.

INTENTION

of the parties to a bill, how far given effect to, 118 to 122.
INTEREST,

1. General points relating to,

when recoverable, 537 to 540.

when made payable by bill itself, 537.

and also against acceptor, on a bill payable after sight or date,
without proof of demand, 537.

and same if bill payable on demand, 537.

how computed, 537.

given in nature of damages for breach of contract, not in pursuance
of it, 537.

bill does not in general carry any interest in case of bankruptcy, 537.
drawer or indorser only liable to pay it from time he received no-
tice of dishonor, 537.

and not then, in case of an inland bill, unless protested for non-
payment, 537.

and when maker of a note gave money to his agent to retire it,
and he fail, though liable on the note, he is relieved from inte
rest, 538.

and when a party agrees to pay by bill, and neglects to give one,
vendor intitled to interest from time bill would have been due, 538.
and if it is recoverable under the count for goods sold, 538.
this rule applies in any case, if there is an agreement to pay by
bill, 538.

when interest is not recoverable, 538.

INTEREST-(continued).

1. General points relating to—(continued).

recoverable from date of note, when it appears on face of it to be
for money lent, or is payable with it, 539.

when bankers may charge interest upon interest, 539.
how computed on a note payable by instalments, 539.

recoverable under particulars of demand, stating that action was
brought for amount of a note of hand, 539.

time when interest stops, 539, 40.

carried on till final judgment signed, 539.

but in trover, for bills only up to time of demand and refusal to
surrender, 540.

and after tender of money and refusal to give up bill, interest
ceases, 540.

legal rate of interest is 5 per cent. 461. 540.

how much recoverable on foreign bills of exchange, 540.

2. Miscellaneous points relating to,

what chargeable on discounting a bill, 107, 8, 110.

when compound, 110.

when recoverable in case of bankruptcy, 592 to 595.

where one partner draws bills in his own name, by consent of all
his copartners, interest recoverable in an action against them
on the money counts, 52.

taking as a discount, in advance on a loan of money, is usury, 107.
but this rule does not extend to bills of exchange, 107.

when bankers cannot charge compound, 110.

an agent advancing money for principal, may make a rest at end of
each year, and then charge interest on prior interest, 110.
bankers, in order to recover compound interest, must prove a
custom to make rests, and that customer knew of such prac-
tice, 111.

in an action on an inland bill, in order to recover interest from
drawer or indorser, protest must be alleged and proved, 282, 3.
398, 465.

when an indorsement was made on note to pay interest, and give
up note, and on default made to pay, court refused to stay pro-
ceedings on payment of it and costs, 472.-(See " Staying Pro-
ceedings.")

indorsement of payment of interest made by holder himself, when
evidence to take case out of Stat, of Limitations, 388. 479.-
(See "Limitations.")

not recoverable on an inland bill, unless protested, 517.-(See
“ Protest,” “ Evidence.")

3. Table for calculating interest.-See Appendix, 698 to 701.

in general at the rate of one penny for each pound per calendar
month, 698.

INTEREST OF WITNESSES.-(See " Witness," "Release.")

INTERPLEADER, BILL OF,

when it may be sustained by an agent, 39.

I. O. U.

does not amount to a promissory note, and need not be stamped, 428,9.
IRREGULARITY-(See " Practice.")

none previous to judgment sufficient to oppose a motion to refer to
master, 476.

if there is any, it must be the subject of a cross motion to set judgment
aside, 476.

JOINT TRADERS (See " Partners.")

JUDGE (See "Judgment,"
," "Practice," "Reference to Master,” “ Sum-
mons," ""Rule.")

on summons without affidavit, will order the copy of bill to be given, 472
but will not give leave to inspect a bill to ascertain whether it be
stamped or altered, 472.

on summons and payment of debt and costs, will order the proceedings
to be stayed. (See "Staying Proceedings.")

on summons will require defendant to shew cause, why bill, &c. should
not be referred to master or prothonotary, 473.-(See "Reference
to Master.")

JUDGMENT (See " Practice.")

by default or confession, aids illegality in contract, 100. 6. 473.
recovered on a bill given by one of three joint covenantors, in payment
of a debt in respect of the covenant, when it does not bar the action
on the covenant, 124.

if prior party to a bill, &c. suc a subsequent one, and recover a verdict,
judgment will be arrested, 442.

by default in an action on a bill or note, damages computed by
master, 450. 473.-(See " Reference to Master.")

otherwise if the bill be not stated in the declaration, 450. 474.

on, by default, loss of bill no defence, 473.

by default, before plaintiff entitled to final judgment, must refer bill
to master, or sue out a writ of inquiry, 473.

practice is to refer same to master, 473.

by default, and bill payable in foreign money, no reference to master
allowed, 474.

reference to master not allowed in an action on a judgment recovered
on a bill, 475.

but on demurrer to the count on the bill, and judgment for plaintiff,
reference to master allowed, 475.

[475.
but in such case a nolle prosequi must be entered to the other counts,
on motion to refer to master, no irregularity previous to judgment is
available, 476.

[476.

if there is any it must be the subject of a cross motion to set it aside,
after judgment by default, no matter is admissible in evidence in de-
feasance of the action, 477.

by default, equivalent to an admission, 477.-(See "Admission.")
but if one of two makers of a note suffer judgment by default it must
nevertheless be proved on the trial against the other, 490.

after judgment by default in an action of debt, when bail in error is
necessary, 545.

Precedents of Judgments on Bills and Notes, 651 to 653.-(See
"Precedents.")

JUDGMENT, FINAL. (See " Judgment," "Judgment Interlocutory.")
cannot be signed in an action on a bill after judgment by default, tilt
after reference to master or inquiry, 473.

after demurrer to count on bill and judgment for plaintiff, may refer
to master and enter the nolle prosequi, at any time before final judg-
ment signed, 475.

interest carried on till it is signed, 539.

otherwise in trover, 540.

JUDGMENT, INTERLOCUTORY-(See " Reference to Master.")
after, and death of plaintiff, court will grant a rule to compute, 474.