II. Where cause removed by, from Inferior Court.

2. On a removal by habeas corpus, the plaintiff declared before the defend-
ant appeared and obtained a procedendo for not appearing, he can have no
costs for the declaration in this court, it being premature.

Murray v. Smith, 431. See vol. 1, p. 105.

HOMINE REPLEGIANDO.

In debt on recognizance conditioned to prove the freedom of a slave, and to
prosecute a suit with effect, a judgment of nonsuit or the surrender and ac-
ceptance of the slave by the master, not a compliance with the condition.
Covenhoven v. Seaman, 425. See vol. 1, p. 23.

ILLICIT TRADE.

See INSURANCE.

IMPARLANCE.

Where there are several actions on one policy, the court will grant impar-
lances until the plaintiffs enter into the consolidation rule, and the English
consolidation rule is intended. No favor (as to examine witnesses de bene
esse,) will be granted till this be done.

Classon & Stanley v. Church, 422.

See vol. 1, p. 29. See vol. 1, p. 30, n. (a.)

I. Caption of.

INDICTMENT.

II. In Forgery marks in margin of Forged Instru-

ment.

III. Judgment on, where the Court is ignorant of the
circumstances.

IV. Discharge of Jury on trial of.

I. Caption of.

1. Where an indictment was found at the general sessions of the peace, of the
county, in which the defendant was convicted at the oyer and terminer,
and the indictment was removed into this court, with a caption stating that
the grand jury were sworn and charged, omitting the words "then and
there," on motion in arrest of judgment, the omission of those words, was
held fatal, and the judgment arrested. The People v. Guernsey, 265–3.
See cases and authorities, 267, n. (a.)

II. In Forgery-Marks in margin of Forged Instrument.
2. In an indictment for forging a bill of exchange or bank bill, it is not neces-

sary to insert the marks, letters or figures used in the margin of the bill,
for ornament, or the more easy detection of forgeries, as such marks or
cyphers forms no part of the bill. The People v. Franklin, 299-4.
Cases and authorities, 300, n. (a) and (b.)

III. Judgment on, when the Court is ignorant of the cir-

cumstances.

3. Defendant was found guilty of an assault and battery, and the attorney-
general moves for judgment, but shows no circumstances attending the of-
fence. A nominal fine of $1 only was imposed.

The People v. Cochran, 480. See vol. 2, p. 73.

IV. Discharge of Jury on trial of.

4. On an indictment for a misdemeanor as an inspector of an election, the
jury were detained a long time, (— hours,) and several times retired and
returned to the bar, and could not agree. This appearing to be sincere
on their part, the court considered it necessary to discharge them, and did
so without the consent of the defendant. Held, it was proper and in the
discretion of the court, in the case of a misdemeanor, as in civil cases, and
that the defendant was again liable to be tried.

The People v. Denton, 505. See vol. 2, p. 275.

INFANT, CONTRACT OF.

The bond of an infant, although he fraudulently represented himself to be of
full age, held, void at law. Conroe v. Birdsall, 437. See vol. 1, p. 127.

INJUNCTION.

See CHANCERY.

INSOLVENT DEBTOR.

I. What Debts are discharged by the Certificate.
II. What Fraud avoids the Discharge.

I. What debts are discharged by the Certificate.

1. Where a judgment of non pros on a certiorari from a justices' court, was
obtained in October term, and the plaintiff in error was, afterwards, the 7th
November, discharged, under the insolvent act, it was held that the judg-
ment for costs, in October term, constituted a debt liquidated, or capable
of liquidation, at that time, and was discharged by the certificate.

Thomas v. Striker, 90. Cases and authorities, 91, n. (a.)

II. What Fraud avoids the Discharge.

2. Where an insolvent debtor omitted to insert in the inventory of debts due

to him, a claim, on the United States for services during the war, for which
claim he received a compensation, after his discharge, it was held, that the
concealment was fraudulent, and his discharge void.

See DEBTOR.

INSURANCE.

I. Abandonment.

1. Loss that will justify.

2. When it may be made.

Duncan v. Duboys, 125.

a. Pending continuance of total loss.

b. After total loss has ceased.

3. Effect of.

a. To convey title to Freight after Abandonment.

b. Consignee Agent of Insurer after Abandonment.

4. Waiver of.

II. Agent to settle total loss-Liability of for mis-

take.

III. Assignment.

IV. Average.

1. Recovery of on a Policy "free from average unless gen-
eral."

2. What Goods on deck come into general average.

3. Foreign Adjustment—Effect of.

V. Broker-Lien of on Policy.

k." Provided that if Assured shall have made other As-

surance," &c.

1. "Thirty days after proof thereof.”

m. "Until 24 hours after the Goods landed."

8. Action on.

a. Damages.

b. Evidence.

1. Admiralty Surveys.

2. Judgments, Decrees and Sentences of Foreign

Tribunals.

3. Of Seaworthiness.

4. Witness-Interest of.

XIII. Preliminary Proof.

XIV. Premium.

1. Return of.

a. Under special clause in a Policy.

b. When Policy was not attached.

1. Voyage never commenced.

2. Property Insured beyond its Value.
3. Warranty not fulfilled and no fraud.

2. When not returnable.

XV. Representation.

XVI. Seaworthiness.

XVII. Unlawful trade-Penalty for.

XVIII. Voyage.

XIX. Warranty.

1. " American Brig."

2. " American Property."

3. "Illicit," " Prohibited," or " Contraband trade."

4. Neutrality.

I. Abandonment.

1. Loss that will justify.

1. General rule in the United States that when the ship or goods are damaged

to more than half the value by a peril insured against, the insured may
abandon and recover for a total loss.

183, n. (b), vol. 1, p. 144, n. (a), 317, n. (c), 151, n. (b), vol. 2, p. 267, n. (a)
and (b)

2. Where the expense of repairs of a vessel are equal to half her value or more,
the insured may abandon for a total loss, and the amount is to be taken,
without deducting one third, new for old, which rule applies only to a case
of partial loss.

But see contra, Smith v. Bell and others, decided in the court of errors in
1805. (2 Caines' Cases in Error, 153.)

Dupuy v. The United Ins. Co. 182.
3. The rule in Smith v. Bell, 2 Caines' Cas. in Error, 153, and Beyant v. Na-
tional Ins. Co. 15 Wend, 453, considered 183-183-2, n. (b.)

4. The rule refers to the general market value at the time and place of the
proposed repairs, 183, n. (b.)

5. Policy on profits. A loss of the goods happened, and § of them were re-
stored. The plaintiffs abandoned, held that they could recover but, and
could not abandon when their chance of profits on the remained. There
cannot be a partial abandonment. Loomis & Tillinghast v. Shaw, 477.
See POLICY.

2. When it may be made.

a. Pending continuance of total loss.

6. The assured must act according to the information he possesses, and if that
be true and entitles him to abandon, his abandonment will be good and de-
finitive, although it afterwards appear that the total was then changed into
a partial loss, and although the risk afterwards ends in safety.

Mumford v. Church, 441. See vol. 1, p. 147, 151, n. (b)
7. To the same point as the last case, that an abandonment on a policy, once
rightfully made, in pursuance of intelligence which was true when given,
is definitive. Slocum & Burling v. The United Ins. Co. 442.

See vol. 1, p. 151, and n. (b.)

8. An abandonment may be made at any time while the loss continues total.
Lefferts v. Earle, 455.

S. P. Shaw v. Earle, 455. See vol. I, p. 313. S. P. Roget v. Thurston,
499. See vol 2, p. 248, 250, n. (a.)

b. After total loss has ceased.

9. Insurance on a vessel at and from New York to Trinidad, and at and from
thence to St. Thomas.

The ship left Trinidad in ballast, and while on her course to St. Thomas, she
was captured by the French, and recaptured by an American frigate, and
carried into St. Christopher's where, by an agreement with the recaptors,
the ship was appraised and one third salvage allowed. The captain bor-
rowed 1,030 dollars on bottomry, and paid 600 dollars for salvage, and 430
dollars for expenses and repairs. The ship was valued in the policy at
4,000 dollars.