IMPLIED-continued. assumpsit upon a deed, 546, n. malice, 1064, 1268, 9. warranty. See WARRANTY. DECEIT. not to deviate, ib. seaworthiness, 1243. no implied warranty on lease of house or land, 1391. IMPRISONMENT. See FALSE IMPRISONMENT. INCLOSURE. See APPROVEMENT. COMMON. INDEBITATUS ASSUMPSIT: nature of, 69. where it may be brought by, or maintained against, corporation aggregate, 70. lies for fees, tolls, &c., 71. See ASSUMPSIT. cases in which it will not lie, 73. should be pleaded even where special agreement pleaded, 74. what can then be recovered under, ib. INDEPENDENT COVENANTS. INDORSEMENT: See COVENANT. of the different kinds of, 394. See BILLS OF EXCHANGE. must be a delivery to complete it, ib. of bills of lading, effect of, 1069. INFANCY: how plea of, to be pleaded, 138, 596. what are necessaries, 138-40, 42, 3. infant living under roof of his parent cannot bind himself for, 142, 3. form of replication to plea of, 141.' case of confirmation of promise, 141, 596, n. when this is replied, on whom proof lies, 141. promise must be express, ib. must be in writing, ib. contracts for maintenance of trade, 142. plea of, in covenant, 556. in case of apprentices, how far a defence, ib. INFANT: account does not lie against, 3. cannot be guardian in socage, 3, n. whether he can petition in bankruptcy, 260. cannot give warrant of attorney, 145. action against, on contract cannot be turned into a tort, ib. marriage of, 17. acceptance of a bill of exchange by, voidable only, 361. nor for money lent, though spent in necessaries, 143. nor on account stated, 144. but account voidable only, ib. is not bound by submission to arbitration, ib. commission of bankruptcy against, void, 225. where not liable on covenant, 556. whether bond of infant be void or voidable, 596, and n. cannot give a security for interest, 596. infant executor must defend by guardian, 794. may sue by attorney with others of full age, ib. INFERIOR COURTS: of the allegations necessary in a declaration on promises in an inferior how officer or party must justify under process of, 935. when mandamus lies to, 1091. INFORMATION: in nature of quo warranto, 1169. limitation of time for granting, 1182. INHERITANCE: stat. 3 & 4 Will. IV. c. 106, rules of, 740, 1. INN: what is, 1367. INNKEEPER: demand for spirituous liquors, 57. has lien on goods of guest, 1362, 7. but cannot detain person, or take off clothes, 1362, n. may be bankrupt as trader, 223. liability of, as to guest's goods, 1367. INNUENDO : nature and use of, 1263-6. INQUIRY: when a new writ of inquiry may be issued in assault and battery, 37. INSOLVENCY: filing declaration of, act of bankruptcy, 228, 254, 306. discharge under insolvent debtors' act no bar in action for mesne profits, 762. filing of declaration of, what is, 254. adjudication of, in British possessions abroad, how proved, 256. INSOLVENT: voluntary assignment by, 248. how far released after his discharge from payments under covenants, 563. INSOLVENT DEBTORS' COURT: vesting order of, does not take property out of sheriff, 1335 jurisdiction of, transferred to court of bankruptcy, 213. proof of petition filed in, 213, n. INSPECTION: of records of corporation, 1191. mandamus to inspect, 1090, 2. not granted to make out justification of libel, 1070. INSTALMENTS: money payable by, obligees cannot sue till last day past, 574. except bond contain penalty for condition broken, ib. or if there be covenant or promise to pay, ib., n. INSURANCE: definition of, 942. policy of, ib. sometimes illegal, as being against common and statute law, 942, and note. a contract of indemnity, 943. INSURANCE-continued. policy, mistake in, may be altered by consent, 943. alteration after signed by underwriter, effect of, 944. open policy, what, ib. valued policy, effect of, ib. does not prevent underwriter from showing fraud, ib. name of all parties insured, or agents, as such, ib. furniture, what it includes, ib. the voyage insured must be stated accurately, ib. words "at," and "from," effect of, 949, 50. mere intention to deviate will not vacate a policy, 950. what is a port, 951. perils insured against, must be inserted in the policy, ib. meaning of words "lost or not lost," ib. memorandum, effect of, 952. general average, meaning of, ib. only such stores as are termed merces liable to average, 953. particular average, date, what is a stranding, 955. each subscription should be correctly dated, 956. stamp, the policy should be stamped when effected, ib. when alteration may be made without a fresh stamp, 957. who may be insured, 960. an alien enemy, protected by the king's licence, ib. who may be insurers, ib. former monopoly of Royal Exchange and London Ass. Co., ib. what may be insured, 961. what is an insurable interest, ib. freight should be insured eo nomine, 962. when plaintiff will be entitled to recover on insurance on freight, ib. losses, by perils of the sea, what are, 964. presumption of, 965. what insured must prove, to recover on a loss by foundering at usage of Lloyd's not binding, when, 966. when owner liable for damage to goods sustained in landing, ib. loss by capture, what a total loss by capture, 967. what a partial loss, ib. agreement with captors for ransom illegal, 968. insurance against acts of government of underwriters illegal, ib. loss by arrests of kings, princes, and people, meaning of words " kings, princes, and people," 969. INSURANCE-continued. loss by fire, when underwriters are liable for loss by fire, 974. what included in the general words "other losses," ib. where the whole property insured perishes, 976. where general property exists, but voyage is lost, ib. in this case there is no total loss without an abandonment, ib. notice of abandonment must be given, ib. when there may be a total loss without an abandonment, 978. under what circumstances assured may elect to abandon a claim as in case of capture and re-capture, assured cannot, after re-capture, effect of an embargo in a foreign port, 985. when ship detained by embargo, what expenses are chargeable to when detained to repair damages, what expenses are chargeable to effect of payment into court on a valued policy, ib. partial losses, what is on ship or goods, 988. how to compute the average, ib. liability of underwriter, 989. adjustment, when indorsed on the policy, effect of, 990. remedy for breach of the contract of insurance, 992. two counts on same policy not allowed, ib. how policy must be stated in the declaration, 993. how interest must be averred, 994. pleading in the action, ib. consolidation rule, 995. effect of payment into court, where actions are consolidated,.996. that plaintiff is alien enemy, ib. that voyage was illegal, 997. misrepresentation, concealment, or suppression, by assured, or his agent, 1001. breach of warranty, express, time of sailing of ship, 1005. what is a sailing, ib. what is necessary under a warranty to depart, 1006. safety of the ship at a particular time, 1007. to depart with convoy, 1008. that subject-matter of insurance is neutral property, 1010. what is necessary to satisfy this warranty, 1011. effect of sentences of foreign courts on questions of prize, 1012. conclusive only as to grounds of the sentence, 1014. free of capture in port, ib. implied warranty, that the ship shall not deviate, 1015. from moment of deviation contract at an end, ib. what is a deviation, ib. the deviation must be voluntary act of captain of ship, 1017. unreasonable delay in the voyage is a deviation, 1018. INSURANCE-continued. implied warranty-continued. so delay in the commencement of the risk, 1018. requisites to satisfy this warranty, ib. effect of having no pilot on board, ib. unseaworthiness subsequent to commencement of voyage no defence, in time policy no implied warranty of seaworthiness, ib. re-assurance-what is, 1023. where prohibited, ib. by a foreigner is illegal, ib. wager policy-what, ib. stat. 19 Geo. II. c. 37, s. 1, prohibiting, ib. does not apply to foreign ships, 1024. interest of assured: what interest is protected by policy of insurance, ib. so executor before probate, ib. so captors of prizes before condemnation, ib. owner of ship who has chartered her, ib. not parties entitled under a verbal contract to a cargo on its arrival, ib. warehousemen and wharfingers on goods deposited, 1026. evidence, the policy, ib. the interest of the assured, ib. what is sufficient proof of, ib. that loss happened as stated in the declaration, 1027. proceedings of a court not proveable by parol evidence, 1028. to show that ship was arrested by government, 1029. to prove the ship was of a particular nation, ib. to show who effected the policy, ib. as to seaworthiness, ib. to prove plea of alien enemy, 1030. of the receipt of the premium, what is, 1036. damages-jury may give damages in nature of interest, 1030. retura of, when assured entitled to, 1031. when assured cannot claim return of, ib. what is an arrival of a ship at her port of destination, 1035. what is evidence of the receipt of, 1036. policy broker, duty of, ib. entitled to set off in bankruptcy, when, 324x. bottomry-what is, 1037. when the assured on bottomry can recover from underwriter, 1038. respondentia—what is, ib. any amount of interest may be reserved, ib. insurance upon lives, nature of the contract, ib. not a contract of indemnity, 1039. person on whose account policy is made must have an interest, 1039. who has an insurable interest, ib. of the written declaration in the policy, 1040. false representation by parol will avoid the policy, 1042. the contract must not be contrary to public policy, 1043. 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