HUSBAND AND WIFE, continued.

whether husband's consent removes incompetency, I. 340.
rule applies when husband is interested, 341, 407.
competent witness in collateral proceedings, 342.
exceptions to the rule in favor of wife, 343, 344.

rule extends to cases of treason, semb. 345.

wife not competent witness for joint conspirators with her hus-
band, 407.

when they may be accessories to each other, III. 48.

I.

IDENTITY,

proof of, when requisite, I. 381, 493, 575, 577, II. 50, 278 d.

by attorney, I. 245.

of person, proof of, when requisite, II. 50, 278 d.

of close, 625.

IDIOT,

incompetent as a witness, I. 365.

IGNORANCE,

of law, no excuse, III. 20.

of fact, when an excuse, 21.

IMMEDIATELY,

legal meaning of the word, III. 228, n.
INCOMPETENCY. (See Witnesses.)
INCORPOREAL RIGHTS,

how affected by destruction of deed, I. 568.
INDEMNITY,

when it restores competency, I. 420.

INDICTMENT,

inspection and copy of, right to, I. 471.

its essential requisites, III. 10, 12.

what is put in issue by plea of not guilty, 12, 30.

when it must state and prove names, 22.

burden of proof of negative averments, 24, n.
against accessories, 49.

for arson, 51.

assault, 58.

barratry, 66.

blasphemy, 68.

embracery, 89, n.

manslaughter, 120.

INDICTMENT, continued.
for murder, III. 130.
larceny, 151.
libel, 166.

maintenance, 181.

nuisance, 185.

perjury, 189.

polygamy, 204.

robbery, 223.

INDORSEE,

how affected by admissions of indorser, I. 190.
(See Admissions.)

INDORSEMENT,

of part payment, on a bond or note, I. 121, 122.
INDORSER,

when a competent witness, I. 190, 383, 385.
(See Witnesses.)

burden of proof of, II. 362.

evidence of, 363.

plea of, how avoided, 364.

necessaries, what, 365, 366.

may consist of money lent, 365, n.

evidence of, how rebutted, 366, 367.

new promise by, 367.

no defence in actions ex delicto, 368.

INFERIOR COURTS,

inspection of their records, I. 473.

proof of their records, 513.

(See Public Records and Documents. Records and Judicial
Writings.)

INFIDEL,

incompetent as a witness, I. 368-372.

(See Witnesses.)

INSANITY,

presumed to continue after being once proved to exist, I. 42.
when it is a good defence, or not, in civil cases, II. 369, 370.

in criminal cases, 372, III. 6.

how proved, II. 371, 689, III. 5.

what constitutes it, 373.

from drunkenness, when it is a defence, 374.

INSCRIPTIONS,

(See Lunacy.)

provable by secondary evidence, I. 95, 105.

INSOLVENT,

omission of a claim by, in schedule of debts due to him, I. 196.
(See Admissions.)

INSPECTION,

of public records and documents, I. 471–478.

(See Public Records and Documents.)

of private writings, 559-562.

(See Private Writings.)

INSURANCE, continued.

proof of interest in the goods, II. 380.
under open or valued policy, 381.

(3.) inception of risk, 382.

(4.) performance of conditions, 383.
compliance with warranties, 383, 384.
sailing with convoy, 384.

(5.) loss, 385-394.

proximate cause of, 387.
by perils of the sea, 387.
by perils of rivers, 387, n.
by capture, 387, 388.
when voyage licensed, 389.
by barratry, 390.

by stranding, 391.

total or partial, 392.

proved by shipwreck, 392.

by abandonment accepted, 392.

amount of, proved by adjustment, 393.
preliminary proof of, 394.

matters in defence, viz.,

misrepresentation and concealment, 396, 397.
burden of proof, 398.

breach of warranties, 399–401.

unseaworthiness, 400, 401.

illegality of voyage, 402.

want of documents, 402.

want of neutrality, 402.
deviation, 403.

against fire, declaration in, 404.

proof of loss, 405.

by lightning without combustion, 405, n.
gross negligence of assured, 405, n.
proof of loss, performance of conditions, 406.
rule of estimation of damages, 407.
defences in, 408.

upon lives, 409.

INTENT,

nature of interest insurable, 409.

when material to be proved, III. 13.
when inferred by law, 13, 14.
evidence of, 15 – 19.

INDEX.

INTENT, continued.

must be proved as alleged, III. 17.

proof of one, when several are charged, 16.
general intent sufficient, 18.

INTEREST,

of witness, effect of, when subsequently acquired, I. 167,
418-420.

subsequent, does not exclude his previous deposition in chancery,

168.

whether it does at law, 168.

(See Witnesses. Admiralty, &c.)

INTERPRETATION,

defined, I. 277.

INTERPRETER,

his declarations, when provable aliunde, I. 183.
communications through, when privileged, 239.

INTESTATE,

his declarations admissible against his administrator, I. 189.
(See Admissions.)

how formed, 3, 4.

general and special, 5.

general, in assumpsit, its extent, 6-8.

in English practice, 8.

in American practice, 8.

substance only to be proved in criminal cases, III. 23.
in murder, 140.

competency of, 1. 395.