INFANTS-continued.)

if an infant joins in the making of a joint note, he ought not to be
sued, 339.

the same where he is an acceptor of a bill, 353.

and in such case holder ought not to sue him, even if he accepts with
other adults, 353.

and it is no departure to omit such infant's name, 353.

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, 365.

INFORMAL BILL, &c.

if a bill, &c. is informal in its terms, better to state it in pleading,
with innuendoes, 355.

INITIALS,

party to a bill, giving only the initials of his christian name, affidavit
and proceedings need state them only, 350,

the court will not discharge him on common bail, nor set aside pro-
ceedings, 350.

this doctrine now over-ruled, 350.

INJUNCTION-(See " Court of Equity.")

when negotiation of bill restrained by, 110.

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

INQUIRY. (See " 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, 351, 369, &c.

otherwise if bill is not stated in the declaration, S51, 370.

if bill payable in foreign money, this writ must be executed, 370.
in executing a writ of inquiry after judgment by default, what evi-
dence must be adduced, 371.

INSANITY,

of a subscribing witness, what evidence of the defendant's hand-
writing sufficient, 379.

INSOLVENCY,

a proposal to pay creditors by instalments, is a suspicious circumstance
of, 120.

not to be inferred from the renewing of bills in particular instances,

120.

mentioned in the 1 Jac. 1. c. 15, and 46 Geo. 3. c. 135, means a gen-
eral inability to pay, 120.

enactment of the statute 46 Geo. 3. c. 135-121.

debtors or creditors apprehending same, does not render a trans-
action a fraudulent preference, 121.-(See "Fraudulent Prefer-
ence.")

of a principal suspected, equity entitles an accommodation indorser
to retain money in his hands, 146, 7.

to a party to a bill, which has been guaranteed by a third person no
party to it, when excuses omission of notice of dishonour, 204.

665

INSOLVENCY—(continued.)
of the drawee or acceptor,

does not excuse the omission of notice of
dishonour, 210. 226.

does not excuse omission to present for
payment, 246.
must be specially pleaded, 374.

in case of, and debtor discharged by the act, a note given for ante-
cedent debt, how far maker discharged, 486.

İNSOLVENT DEBTOR,

a party to a bill, charged in execution and discharged as an, does
not release the liability of the other parties to it, 301. 344.

evidence that debtor was discharged out of custody, after giving in
a blank schedule, in an action by him against the acceptor, is not
sufficient evidence of payment, 305.

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, 344.

when he continues liable, notwithstanding discharge, 486.

INSPECTION,

of bill or note to ascertain stamp, not allowed, 368.

INSTALMENTS,

bill or note payable by, what may be recovered on one default, 429.
clause in such bill, including interest, without a rebate thereof, not
usury, 77.

mistake in days on note payable by, is fatal, 420, note.

form of declaration on, 419, 20.

how interest on a note, payable by, is computed, 422.-(See "In-
terest.")

debt will not lie on a note payable, unless all are due, 429.

INSURANCE,

any contract made in consideration of, in a lottery, void, 80.
holder may insure his interest in due payment of bill, 140.

INTENTION

of the parties to a bill, how far given effect to, 92 to 94.

INTEREST,

1. General points relating to,

recoverable, when, 420 to 423.

when made payable by bill itself, 420.

against acceptor, on a bill payable after sight or date, without
proof of demand, 420.

and same if bill payable on demand, 420.

jury need not give it if delay in recovery on bill was occasioned
by holder, 420, 1.

how computed, 420.

given in nature of damages for breach of contract, not in pur-
suance of it, unless so expressly agreed, 421.

[537.

bill does not in general carry any interest in case of bankruptcy,
drawer or indorser only liable to pay it from time he received
notice of dishonour, 421.

INTEREST-(continued.)

1. General points relating to-(continued.)

recoverable on inland bill, though not protested for non-pay-
payment, 421. 218. 312. 405.

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
interest, 421.

and when a party agrees to pay by bill, and neglects to give one,
vendor entitled to interest from time bill would have been
due, 421.

this rule applies in any case, if there is an agreement to pay by
bill, 421.

where not recoverable, 421.

recoverable from date of note, when it appears on face of it to
be for money lent, or is payable with it, 422.

when bankers may charge interest upon interest, 422. 85.
how computed on a note payable by instalments, 422.

not usurious if on such bill, including interest, with clause, that
whole shall become due on one default, no rebate of is men-
tioned, 77.

recoverable under particulars of demand, stating that action was
brought for amount of a note of hand, 422.
time when interest stops, 422.

carried on till final judgment signed, 422.

but in trover, for bills only up to time of demand and refusal
to surrender, 429.

and after tender of money and refusal to give up bill, interest
ceases, 423..

legal rate of interest is five per cent. 423. 76.

how much recoverable on foreign bills of exchange, 423.

2. Miscellaneous points relating to,

court will set aside judgment on usurious considerations, with-
out compelling defendant to pay principal and interest, 83.
what chargeable on discounting a bill, 83. 5.

when compound, 85.

when recoverable in case of bankruptcy, 463, 4.

where one partner draws bills in his own name, by consent of
all his co-partners, interest recoverable in an action against
them on the money counts, 40.

taking as a discount, in advance on a loan of money, is usury, 83.
but this rule does not extend to bills of exchange, 83.
when bankers cannot charge compound, 85.

an agent advancing money for principal, may make a rest at end
of each year, and then charge interest on prior interest, 85.
bankers, in order to recover compound interest, must prove a
custom to make rests, and that customer knew of such prac-
tice, 66.

when an indorsement was made on note to pay interest, and
give up note, and on default made to pay, court refused to
stay proceedings on payment of it and costs, 368.-(See
"Staying Proceedings.")

indorsement of payment of interest made by holder himself,
when evidence to take case out of Statute of Limitations, 305.
(See "Limitations.")

H

INTEREST-(continued.)

3 Table of calculating interest.-(See Appendix, 564 to 569.)
in general at the rate of one penny for each pound per calendar
month, 564.

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

INTERPLEADER, BILL OF,

when it may be sustained by an agent, 29.

I. O. U.

does not amount to a promissory note, and need not be stamped, 335.

IRREGULARITY.-(See "Practice.")

none previous to judgment sufficient to oppose a motion to refer to
master, 371.

if there is any, it must be the subject of a cross motion to set judg-
ment aside, 371.

JOINT TRADERS-(See " Partners.")

JUDGE

(See "Judgment," "Practice," "Reference to Master,"
"Summons," "Rule.")

on summons without affidavit, will order the copy of bill to be given,

368.

but will not give leave to inspect a bill to ascertain whether it be
stamped or altered, 368.

on summons and payment of debt and costs, will order the proceed-
ings to be stayed, 368.-(See " Staying Proceedings.")

on summons will require defendant to show cause, why bill, &c.
should not be referred to master or prothonotary, 369.-(See
"Reference to Master.")

JUDGMENT-(See "Practice.")

by default or confession, aids illegality in contract, 78, 369.

on usurious consideration set aside, without repayment of principal
and interest, 83.

recovered on a bill given by one of three joint covenantors, in pay-
ment of a debt in respect of the covenant, when it does not bar
the action on the covenant, 96.

if prior party to a bill, &c. sue a subsequent one, and recover a ver-
dict, judgment will be arrested, 345.

by default in an action on a bill or note, damages computed by mas-
ter, 351.-(See "Reference to Master.")

otherwise if the bill be not stated in the declaration, 351, 370.

on, by default, loss of bill no defence, 369.

by default, before plaintiff entitled to final judgment, must refer bill
to master, or sue out a writ of inquiry, 369.

practice is to refer same to master, 369.

by default, and bill payable in foreign money, no reference to mas-
ter allowed, 370.

reference to master not allowed in an action on a judgment recovered
on a bill, 370.

but on demurrer to the count on the bill, and judgment for plaintiff,
reference to master allowed, 370.

JUDGMENT-(continued.)

but in such case a nolle prosequi must be entered to the other
counts, 370.

on motion to refer to master, no irregularity previous to judgment is
available, 371.

if there is any it must be the subject of a cross motion to set it
aside, 371.

after judgment by default, no matter is admissible in evidence in
defeasance of the action, 371, 2.

by default, equivalent to an admission, 371.-(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, 383.

after judgment by default in an action of debt, when bail in error is
necessary, 427.

Precedents of Judgment on Bills and Notes, 514 to 516.-See
"Precedents.")

JUDGMENT, FINAL.-(See "Judgment," "Judgment Interlocutory."
cannot be signed in an action on a bill after judgment by default, till
after reference to master or inquiry, 368.

after demurrer to count on bill and judgment for plaintiiff, may refer
to master and enter the nolle prosequi, at any time before final
judgment signed, 370.

interest carried on till it is signed, 422.
otherwise in trover, 422.

JUDGMENT, INTERLOCUTORY-(See "Reference to Master.")
after, and death of plaintiff, court will grant a rule to compute, 370.
after such judgment, and the loss of bill, court granted a rule to
refer to master on production of a copy of the bill, verified by
affidavit of the loss of the original, 370.

practice confined to cases where bill or note specially declared
on, 370.

signed for want of a plea, rule to refer may be moved for the same
day, 370.

signed on demurrer, plaintiff must wait till the following day, 370.

JURY,

how far the question of reasonable time in giving notice of dishonour
or making presentment is to be determined by, or by court, 224.

270.

time when presentment for payment should be made, is not to be
determined by, 262.

judge may take opinion of, as to reasonable time, with reference to
mercantile transactions, 270.

jury to determine what is reasonable time for presenting a bill pay-
able after sight, 270, note.

decisions of as to reasonable time have been very contradictory, 270.
due diligence on inquiry after drawer or indorser, whether a ques-
tion for jury, 213.

evidence left to jury to say whether there was full notice of disho-
nour, &c. at the time of promise to pay, 410.-(See “Evidence.”
"Promise.")

when a note is payable by instalments, jury will sometimes give
whole amount in damages, 410.

may under circumstances refuse giving interest, 420, 1.