HUSBAND AND WIFE-continued.

declaration of wife as husband's agent, admissible, 172.
bigamy, second wife competent to prove, ib.

woman passing as wife, not incompetent, 173.

marriage cannot be disputed by pretended
husband, 381.

declaration of husband as to wife's legitimacy, admissible in

matters of pedigree, 243.

admission by wife, when evidence against husband, 408.
execution against, what proof sufficient to establish fact,

847.

what sufficient proof of averment of lease by, 859.

of bond given to, ib.

declarations of wife, when admissible for or against husband,
in crim. con.,

201-206.

IDENTITY

IDIOT

of prisoner, rule requiring confirmation of an accomplice's
evidence as to, 33.

of party to suit, attorney not privileged from proving, 187.
of writer, when necessary to confirm proof of handwriting, 694.
belief of witness as to, admissible, 898.

incompetent as witness, 4.

ILLEGITIMACY. See tit. Legitimacy.

IMPLICATION,

admissions by, 368.

INCOMPETENCY

of witness. See tit. Witness.

INCORPOREAL RIGHTS,

presumption of, from usage, 473.

INCUMBENCY,

acting as parson, admission of, 370.

INDEMNITY,

party giving, admissions of, receivable against party indem-
nified, 396.

INDENTURE OF APPRENTICE,

INDIA

what sufficient inquiry for, to admit secondary evidence,
679.

evidence of witness in, how obtained, 795.

INDICTMENT,

when order to inspect necessary, 802.

felony, ib.

INDICTMENT-continued.

when not

treason, 803.

misdemeanor, 803.

substance of proved, sufficient, 894. And see tit. of respective

Offences.

unnecessary averments, in need not to be proved, 854.
what so considered, ib.

INDORSEE,

indorser competent witness for or against, 125.

admission of payee, inadmissible against, when, 416.

INDORSEMENT. And see Enrolment.

of witness's name on record, effect of, 77.

by deceased obligee, &c. on bond, note, &c. of payment of
interest, admissible for representatives, 345.

but such indorsement ineffectual as to Stat. of Limita-
tions, 348, n. (2).

before bill due, averment of, supported by proof of indorse-
ment after, 852.

INDORSER,

being payee, competent to prove invalidity of bill, 41.

in action by indorsee, competent for plaintiff or defendant, 126.
where bill drawn for his accommodation,

competent for plaintiff, 126.

whether incompetent for defendant, 109-111.
admissions of, when evidence against indorsee, 415.

INDUCEMENT,

confession invalidated by, when, 428.

by constable, 429.

prosecutor, 430.

strangers, ib.

objection arising from, how removed, 430.

in pleading, rule as to proof of, 852.

INFAMY,

legal, what constitutes, 14.

conviction of, renders incompetent as witness, 14.

ground of incompetency, 15.

what offences incapacitate, 17, et seq.

extent and effect of disability, 19.

how proved, 19.

cannot be admitted, ib. 365.

competency how restored, 20.

of attesting witness, renders proof of handwriting admissible,

657.

INFANCY,

proof of, rests on party asserting, 831.

TTT

INFANT,

competent, when, 5.

declaration of without oath, inadmissible, 6.

evidence in confirmation of, 6.

admission of guardian not admissible against, 408.

guardian incompetent witness for, when, 48.

INFERIOR COURT,

jurisdiction of, not to be presumed, 471.
judgments of, how far conclusive, 525.

. how proved, 622.

when record lost, 617.

proceedings of, inspection when ordered, 805.

INFIDEL.

when admissible witness, 12.

INFORMATION

before magistrate, inspection and copy of, when ordered, 806.
INFORMER

admissible as witness in cases of conspiracy, 39.

in cases of coining, &c., 40.

on summary convictions, incompetent when entitled to part
of penalty, 66.

except where court has discretion to
substitute imprisonment, 68.

competent witness under statute against exporting machinery,

132.

employed by government, communications of, how far privi-
leged, 189.

INHABITANT

of parish, &c., if rated, incompetent as witness, 50, 94.
if not actually rated, competent, ib. 94.

rendered competent by statute, when,

on indictment for non-repair of bridge, &c., 133.
in action against hundred under stat. Winton, 133.
for riotous assembly, ib.

against churchwarden, &c., for misappli-
cation of funds, 134.

on summary conviction under 7 & 8 G. 4, c. 29

and 30, ib.

on indictment under general highway act, ib.

under turnpike act, 135.

in matters relating to rates and cesses, ib.

what deemed to relate to rates, 136.

what not, 137.

contradictory decisions considered, 138 n. (3)

privilege of, from being witness against parish, 158, 915.

INHABITANT-continued.

deceased, declarations by, admissible in questions of boundary

or modus, 283.

admissions of, how far evidence against parish, 395.

INNOCENCE,

general presumption of, 464.

INQUEST,

coroner's, inadmissible as evidence in civil cases, 522.

on banner, when admissible in cases of treasonable conspiracy,
214.

how proved, 450.

notice to produce unnecessary, 470.

on rings, tomb-stones, coffin-plates, walls, &c., evidence in

matters of pedigree, 232.

when necessary to shew by whom made,

244.

on coach, evidence of ownership, 390.

INSOLVENT,

omission of debt in schedule, admission that not due, 377.

but not conclusive, 385.

INSOLVENT DEBTOR'S COURT,

discharge by, cannot be established by admission, 365, 377.

INSPECTION

of documents produced under notice, effect of, 668.
of records, generally matter of right, 802.

when order of court necessary, ib.

of public documents,

indictment for felony, ib.

not in cases of misdemeanor, 803.

nor in convictions by magistrates, 803.

of examinations before committing magistrate, 804.
of depositions under excise laws, not allowable, 805.

of report on which criminal information founded, ib.
of proceedings in custody of officer of superior court, 805.
of proceedings of inferior court, ib.

in court of conscience, 806.

of commissioners, ib.

of information before magistrate, ib.

of parish registers and other public books, 806.

of books of public office, not allowable in collateral actions, 807.

of rolls of manor, allowable for tenants, ib.

under particular statutes, 808.

of public documents,

allowable only where applicant has interest and control in
subject of documents, 808.

bishop's register, ib.

parish books, 809.

county rate book, ib.

court rolls, 810.

corporation books, ib.

bye-law, 811.

exposing party to criminal charge not compelled, 812.

but quo warranto not so considered, 813.

of public document, for private object not compelled, 814.
how obtained, 814.

when application for to be made, ib.

in action, 815.

in proceeding by mandamus, 815.

in quo warranto, ib.

where no action pending, ib.

of private documents

of writing on which action or defence founded, 817.

discretion of court as to, ib.

inspection required for plea in abatement, ib.
to detect forgery, 818.

of instrument of which no counterpart, 819.