NON ACCESS

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NON ACCESS

NON ACCESS. The non existence of sexual intercourse is generally expressed by the words "non access of the husband to the wife" which expressions, in a case of bastardy, are understood to mean the same thing. 2 Stark Ev. 218, n. 2. In Pennsylvania, when the husband has access to the wife, no evidence short of absolute impotence of the husband, is sufficient to convict a third person of bastardy with the wife. 6 Binn. 283. 3. In the civil law the maxim is, Pater is est quem nupticae demonstrant. Toull. tom. 2, n. 787. The Code Napoleon, art. 312, enacts, "que l'enfant concu pendant le mariage a pour pere le mari." See also 1 Browne's R. Appx. xlvii. 4. A married woman cannot prove the non access of her husband. Id. See 8 East, 202; 4 T. R. 251; 11 East, 132; 13 Ves. 58; 8 East, R. 193; 12 East, R. 550; 4 T. R. 251, 336; 11 East, R. 132; 6 T. R. 330.

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