from
Bouvier's Law Dictionary, Revised 6th Ed (1856)
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.