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This word is used in references, when it is intended to say that a thing is to be found in the same place, or that the reference has for its object the same thing, case, or other matter. IOU, contracts. The memorandum IOU, (I owe you), given by merchants to each other, is a mere evidence of the debt, and does not amouut to a promissory note. Esp. Cas. N. A. 426; 4 Carr. & Payne, 324; 19 Eng. Com. L. Rep. 405; 1 Man. & Gran. 46; 39 E. C. L. R. 346; 1 Campb. 499; 1 Esp. R. 426; 1 Man. Gr. & So. 543; Dowl. & R. N. P. Cas. 8. ICTUS ORBIS, med. jurisp. A maim, a bruise, or swelling; any hurt without cutting the skin. When the skin is cut, the injury is called a wound. (q. v.) Bract. lib. 2, tr. 2, c. 5 and 24. 2. Ictus is often used by medical authors in the sense of percussus. It is applied to the pulsation of the arteries, to any external lesion of the body produced by violence also to the wound inflicted by a scorpion or venomous reptile. Orbis is used in the sense of circlo, circuit, rotundity. It is applied also to the eye balls. Oculi dicuntur orbes. Castelli Lexicon Medicum. IDEM SONANS. Sounding the same. 2. In pleadings, when a name which it is material to state, is wrongly spelled, yet if it be idem sonans with that proved, it is sufficient, as Segrave for Seagrave, 2 Str. R. 889; Keen for Keene, Thach. Cr. Cas. 67; Deadema for Diadema, 2 Ired. 346; Hutson for Hudson, 7 Miss. R. 142; Coonrad for Conrad, 8 Miss. R. 291. See 5 Pike, 72; 6 Ala. R. 679; vide also Russ. & Ry. 412; 2 Taunt. R. 401, In the following cases the variances there mentioned were declared to be fatal. Russ. & Ry. 351; 10 East, R. 83; 5 Taunt. R. 14; 1 Baldw. R. 83; 2 Crom. & M. 189; 6 Price, R. 2; 1 Chit. R. 659; 13 E. C. L. R. 194. See, generally, 8 Chit. Pr. 231, 2; 4 T. R. 611; 3 B. & P. 559; 1 Stark. R. 47; 2 Stark. R. 29; 3 Camp. R. 29; 6 M. & S. 45; 2 N. H. Rep. 557; 7 S. & R. 479; 3 Caines, 219; 1 Wash. C. C. R. 285; 4 Cowen, 148 and the article Name. IDENTITATE NOMINIS, Engl. law. The name of a writ which lies for a person taken upon a capias or exigent and committed to prison, for another man of the same name; this writ directs the sheriff to inquire whether he be the same person against whom the action was brought, and if not, then to discharge him. F. N. B. 267. In practice, a party in this condition would be relieved by habeas corpus. IDENTITY, evidence. Sameness. 2. It is frequently necessary to identify persons and things. In criminal prosecutions, and in actions for torts and on contracts, it is required to be proved that the defendants have in criminal actions, and for injuries, been guilty of the crime or injury charged; and in an action on a contract, that the defendant was a party to it. Sometimes, too, a party who has been absent, and who appears to claim an inheritance, must prove his identity and, not unfrequently, the body of a person which has been found dead must be identified: cases occur when the body is much disfigured, and, at other times, there is nothing left but the skeleton. Cases of considerable difficulty arise, in consequence of the omission to take particular notice; 2 Stark. Car. 239 Ryan’s Med. Jur. 301; and in consequence of the great resemblance of two persons. 1 Hall’s Am. Law Journ. 70; 1 Beck’s Med. Jur. 509; 1 Paris, Med. Jur, 222; 3 Id. 143; Trail. Med. Jur. 33; Foder‚, Med. Leg. ch. 2, tome 1, p. 78−139. 3. In cases of larceny, trover, replevin, and the like, the things in dispute must always be identified. Vide 4 Bl. Com. 396. 4. M. Briand, in his Manuel Complet de M‚dicine L‚gale, 4eme partie, ch. 1, gives rules for the discovery of particular marks, which an individual may have had, and also the true color of the hair, although it may have been artificially colored. He also gives some rules for the purpose of discovering, from the appearance of a skeleton, the sex, the age, and the height of the person when living, which he illustrates by various examples. See, generally, 6 C. & P 677; 1 C. & M. 730; 3 Tyr. 806; Shelf. on Mar. & Div. 226; 1 Hagg. Cons. R. 189; Best on Pres. Appx. case 4; Wills on Circums. Ev. 143, et seq. IDES, NONES and CALENDS, civil law. This mode of computing time, formerly in use among the Romans, is yet used in several chanceries in, Europe, particularly in that of the pope. Many ancient instruments bear these dates; it is therefore proper to notice them here. These three words designate all the days of the month. 2. The calends were the first day of every month, and were known by adding the names of the months; as calendis januarii, calendis februarii, for the first days of the months of January and February. They designated the following days by those before the nones. The fifth day of each month, except those of March, May, July, and October; in those four months the nones indicated the seventh day; nonis martii, was therefore the seventh day of March, and so of the rest. In those months in which the nones indicated the fifth day, the second was called quarto nonas or 4 nonas, that is to say, quarto die ante nonas, the fourth day before the nones. The words die and ante,
being understood, were usually suppressed. The third day of each of those eight months was called tertio, or 3 nonas. The fourth, was pridie or 2 nonas; and the fifth was nonas. In the months of March, May, July and October, the second day of the months was called sexto or 6 nonas; the third, quinto, or 5 nonas; the fourth, quarto, or 4 nonas; the fifth, tertio, or 3 nonas; the sixth, pridie, usually abridged prid. or pr. or 2 nonas; and the seventh, nones. The word nonae is so applied, it is said, because it indicates the ninth day before the ides of each month. 3. In the months of March, May, July and October, the fifteenth day of the months was the Ides. These are the four mouths, as above mentioned, in which the nones were on the seventh day. In the other eight months of the year the nones were the fifth of the month, and the ides the thirteenth in each of them the ides indicated the ninth day after the nones. The seven days between the nones and the ides, which we count 8, 9, 10, 11, 12, 13, and 14, in March, May, July and October, the Romans counted octave, or 8 idus; septimo, or 7 idus; sexto, or 6 idus; quinto, or 5 idus; quarto, or 4 idus; tertio, or 3 idus; pridie, or 2, idus; the word ante being understood as mentioned above. As to the other eight mouths of the year, in which the nones indicated the fifth day of the month, instead of our 6, 7, 8, 9, 10, 11, and 12, the Romans counted octavo idus, septimo, &c. The word is said to be derived from the Tuscan, iduare, in Latin dividere, to divide, because the day of ides divided the month into equal parts. The days from the ides to the end of the month were computed as follows; for example, the fourteenth day of January, which was the next day after the ides, was called decimo nono, or 19 kalendas, or ante kalendas febrarii; the fifteenth, decimo octavo, or 18 kalindas februarii, and so of the rest. Counting in a, retrograde manner to pridie or 2 kalendas februarii, which was the thirty−first day of January. 4. As in some months the ides indicate the thirteenth, and in some the fifteenth of the month, and as the months have not an equal number of days, it follows that the decimo nono or 19 kalendas did not always happen to be the next day after the Ides, this was the case only in the months of January, August and December. Decimo sexto or the 16th in Fedruary; decimo septimo or 17, March, May, July and October; decimo octave or 18, in April, June, September, and November. Merlin, R‚pertoire de Jurisprudence, mots Ides, Nones et Calendes. A Table of the Calends of the Nones and the Ides. ÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÂÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÂÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÂÄÄÄÄÄÄÄÄÄ ÄÄÄÄÄÄÄÄÄ Jan., Aug., Dec. ³ March, May, ³ April, June, ³ February 28, 31 days. ³ July, Oct., ³ Sept., Nov., ³ bissextile, ³ 31 days. ³ 30 days. ³ 29 days. ÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÁÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÁÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÁÄÄÄÄÄÄÄÄÄ ÄÄÄÄÄÄÄÄÄ 1 ³ Calendis. ³ Calendis ³ Calendis ³ Calendis 2 ³ 4 Nonas. ³ 6 Nonas ³ 4 Nonas ³ 4 Nonas 3 ³ 3 Nonas. ³ 5 Nonas ³ 3 Nonas ³ 3 Nonas 4 ³ Prid. Non. ³ 4 Nonas ³ Prid. Non. ³ Prid. Non. 5 ³ Nonis ³ 3 Nonas ³ Nonis ³ Nonis 6 ³ 8 Idus ³ Prid. Non. ³ 8 Idus ³ 8 Idus 7 ³ 7 Idus ³ Nonis ³ 7 ]dus ³ 7 Idus 8 ³ 6 Idus ³ 8 Idus ³ 6 Idus ³ 6 Idus 9 ³ 5 Idus ³ 7 Idus ³ 5 Idus ³ 5 Idus 10 ³ 4 Idus ³ 6 Idus ³ 4 Idus ³ 4 Idus 11 ³ 3 Idus ³ 5 Idus ³ 3 Idus ³ 3 Idus 12 ³ Prid. Idus ³ 4 Idus ³ Prid. Idus ³ Prid. Idus 18 ³ Idibus ³ 3 Idus ³ Idibiis ³ Idibus 14 ³ 19 Cal. ³ Prid. Idus ³ 18 Cal. ³ 16 Cal. 15 ³ 18 Cal. ³ Idibus ³ 17 Cal. ³ 15 Cal. 16 ³ 17 Cal. ³ 17 Cal. ³ 16 Cal. ³ 14 Cal. 17 ³ 16 Cal. ³ 16 Cal. ³ 15 Cal. ³ 3 Cal. 18 ³ 15 Cal. ³ 15 Cal. ³ 14 Cal. ³ 12 Cal. 19 ³ 14 Cal. ³ 14 Cal. ³ 13 Cal. ³ 11 Cal. 20 ³ 18 Chl. ³ 13 Cal. ³ 12 Cal. ³ 10 Cal.
21 ³ 12 Cal. ³ 12 Cal. ³ 11 Cal. ³ 9 Cal. 22 ³ 11 Cal. ³ 11 Cal. ³ 10 Cal. ³ 8 Cal. 23 ³ 10 Cal. ³ 10 Cal. ³ 9 Cal. ³ 7 Cal. 24 ³ 9 Cal. ³ 9 Cal. ³ 8 Cal. ³ 6 Cal.* 25 ³ 8 Cal. ³ 9 Cal. ³ 7 Cal. ³ 5 Cal. 26 ³ 7 Cal. ³ 7 Cal. ³ 6 Cal. ³ 4 Cal. 27 ³ 6 Cal. ³ 6 Cal. ³ 5 Cal. ³ 3 Cal. 28 ³ 5 Cal. ³ 5 Cal. ³ 4 Cal. ³ Prid. Cal. 29 ³ 4 Cal. ³ 4 Cal. ³ 3 Cal. ³ 30 ³ 3 Cal. ³ 3 Cal. ³ Prid. Cal. ³ 31 ³ Prid. Cal. ³ Prid. Cal. ³ ³ * If February is bissextile, Sexto Calencas (6 Cal.) it is counted twice, viz: for the 24th and 25th of the month, Hence the word bis−sextile. IDIOCY, med. jur. That condition of mind, in which the reflective, or all or a part of the affective powers, are either entirely wanting, or are manifested to the least possible extent. 2. Idiocy generally depends upon organic defects. The most striking physical trait, and one seldom wanting, is the diminutive size of the head, particularly of the anterior superior portions, indicating a deficiency of the anterior lobes of the brain. According to Gall, whose observations on this subject are entitled to great consideration, its circumference, measured immediately over the orbiter arch, and the most prominent part of the occipital bone, is between 11« and 14« inches. Gall, sur les Fonctions, p. 329. In the intelligent adult, it usually measures from 21 to 22 inches. Chit. Med. Jur. 248. See, ou this subject, the learned work of Dr. Morton, of Philadelphia*, entitled Crania Americana. The brain of an idiot equals that of a new born infant; that is, about one−fourth, one−fifth, or one−sixth of the cerebral mass of an adult’s in the enjoyment of his faculties. The above is the only constant character. observed in the heads of idiots. In other respects their forms are as various as those of other persons. When idiocy supervenes in early infancy, the head is sometime remarkable for immense size. This unnatural enlargement arises from some kind of morbid action preventing the development of the cerebral mass, and producing serous cysts, dropsical effusions, and the like. 3. In idiocy the features are irregular; the forehead low, retreating, and narrowed to a point; the eyes are unsteady, and often squint the lips are. thick, and the mouth is generally open; the gums are spongy, and the teeth are defective; the limbs are crooked and feeble. The senses are usually entirely wanting; many are deaf and dumb, or blind and others are incapable of perceiving odors, and show little or no discrimination in their food for want of taste. Their movements are constrained and awkward, they walk badly, and easily fall, and are not less awkward with their hands, dropping generally what is given to them. They are seldom able to articulate beyond a few sounds. They are generally affected with rickets, epilepsy, scrofula, or paralysis. Its subjects seldom live beyond the twenty−fifth year, and are incurable, as there is natural deformity which cannot be remedied. Vide Chit. Med. Jur. 345; Ray’s Med. Jur. c. 2; 1 Beck’s Med. Jur. 571 Shelf. on Lun. Index, h. t.; and Idiot. IDIOT, Persons. A person who has been without understanding from his nativity, and whom the law, therefore, presumes never likely to attain any. Shelf. on Lun. 2. 2. It is an imbecility or sterility of mind, and not a perversion of the understanding. Chit. Med. Jur. 345, 327, note s; 1 Russ. on Cr. 6; Bac. Ab. h. t. A; Bro. Ab. h. t.; Co. Litt. 246, 247; 3 Mod. 44; 1 Vern. 16; 4 Rep. 126; 1 Bl. Com. 302. When a man cannot count or number twenty, nor tell his father’s or mother’s name, nor how old he is, having been frequently told of it, it is a fair presumption that, he is devoid of understanding. F. N. B. 233. Vide 1 Dow, P. C. now series, 392; S. C. 3 Bligh, R. new series, 1. Persons born deaf, dumb, and blind, are, presumed to be idiots, for the senses being the only inlets of knowledge, and these, the most important of them, being closed, all ideas and associations belonging to them are totally excluded from their minds. Co. Litt. 42 Shelf. on Lun. 3. But this is a mere presumption, which, like most others, may be rebutted; and doubtless a person born deaf, dumb, and blind, who could be taught to read and write, would not be considered an idiot. A remarkable instance of such an one may be found in the person of Laura Bridgman, who has been taught how to converse and even to write. This young woman was, in the year 1848, at school at South Boston. Vide Locke on Human Understanding, B. 2 c. 11, _12, 13; Ayliffe’s Pand. 234; 4 Com. Dig. 610; 8 Com. Dig. 644. 3. Idiots are incapable of committing crimes, or entering into contracts. They cannot of course make a will; but
392." 4 Bl. 3 and 4. 1. 367. Ignorance is want of knowledge. 9 Cowen’s R. R. Wolff. mot Fait. 353. on a conviction before a magistrate. 51. a neglect to become acquainted with them is therefore voluntary ignorance. the grand jury endorse on the bill. is the want of knowledge as to the fact in question. Com. 2. and at the time of the sale the horse was dead. Ignorance is either voluntary or involuntary. and. practice. N. 342. generally. 305. The refusal or neglect to engage in any lawful employment. without employment. and what is said of one is said of both. Cas. she was a married woman. Considered as a motive of our actions. Ch. 1 John. Doct. 244. It is voluntary when a party might. they are of law and of fact. he would commit an error as to a matter of law. 3 Bligh’s R. instead of using this word. We are ignorant. This word. 5 Taunt. The want of knowledge. 1. if he married her. 8. with fine and imprisonment. 4 Mass. 1. 1 Ves. & Walk. Ignorance is distinguishable from error. And whether he can be relieved from a contract entered into in ignorance or mistake of the law. 1. 112. 4. 170. 3. & Cresw. the fact of the death would render the sale void. 2 Vern. Bouv. 22. Ignominy is the opposite of esteem. 1 Atk. infamy. Ignorance of fact. For example. 516. he would be ignorant of the law. wages. 166. IDLENESS. R. & St. reproach. which in law means we are uninformed. R. 1 Pet. R. They are generally found together. 6. When examined as to their origin. 6. R. 5. has been adopted. 9 Pick. if a man believed a certain woman to be unmarried and free. Ignorance of the laws of a foreign government. _145. the ignorance of a law which has not yet been promulgated. 2 John. R. not having wherewith to maintain themselves. This is the name of an old writ which directs the sheriff to inquire whether a man be an idiot or not. If any man. 1 Binn. Ch. 512. 84. R. B. are of several kinds. 3 B. or of another state. R. It would be an error resulting from ignorance of a fact. 286. they are voluntary or involuntary. The vagrant act of 17 G. R. 169. then. The inquisition is to be made by a jury of twelve men. IDIOTA INQUIRENDO. Fitz. Clef. 9 Pick. n. Ch. error is the non−conformity or opposition of our ideas to the truth. By essential ignorance is understood that which has for its object some essential circumstance so intimately connected with the: matter in question. when in fact. When viewed with regard to their influence on the affairs of men. Ignorance of law and fact. 6 John. WRIT DE. Com. every man might acquire a knowledge of the laws which have been promulgated. Ch. IGNOMINY. 342. by taking reasonable pains. 7. 452. − 2. 352. 1 John. when they find that there is not sufficient evidence to authorize their finding it a true bill. 112. 46. R. Eng. is written on a bill by a grand jury. The law forbids any one to marry a woman whose hushand is living. 2. 27. 3. des Lois Rom. Public disgrace. R. Cas. R. is ignorance of a fact. IGNORANCE. Plowd. new series. 112.they may acquire property by descent. Vide Grand Jury. for the difference between ignorance of law and ignorance of fact. h. with some modifications. − _1. ignorance differs but little from error. 280. S. Sometimes. 7 Mass. imagined he could marry such a woman. Index. which. as. describes idle persons to be those who. R. − 2. 2 Mason. 7. 5. R. and were he to marry her under that belief. 232. C. 2 Kent. Stock ou the Law of Non Compotes Mentis. unknown to the parties. live idle. − _3. Vente. and which every man is presumed to know. 674. Ignorance of law. 19 Ves. & Bea. c. 1. R. The name of the old judicial trial by fire. 174. 7 Mass. 243. 343. upon a supposed liability. in order to gain a livelihood. II. 263. How far a party is bound to fulfil a promise to pay. and which so influences the parties that it induces them to act in the business. Ignorance is either essential or non−essential. and refuse to work for the usual and common. 23. Poth. 591. 2. IGNORAMUS. When considered as to their object. Dig. Vide. 143. Inst. 6 John. 1 Dow’s Parl. t. law. R. 2 Jac. 1 Chan. 9 Pick. Ignorance and error. 30. and which cannot be overcome by the use of any means of knowledge known to him and within his power. Vide. they are essential or non−essential. he would not be criminally responsible. In Pennsylvania. dishonor. vagrancy is punished. 512. For example. 488. if A should sell his horse to B. . Ch. See Infamy. 38. 8 Wheat. Involuntary ignorance is that which does not proceed from choice. consists in the want of knowledge of those laws which it is our duty to understand. in perhaps most of the states. 1. and in ignorance of the law. "Not found. − _2. R. 1. with imprisonment for one mouth. see 12 East. These are punishable according to the difrerent police regulations. IGNIS JUDICIUM. have acquired the necessary knowledge.
and which is not the true consideration for enteting into the contract. 80. &c. 84. Inst. is a person of ill fame. The name of one of the United States of America. C. 469. ILLICITE. 4. it is usually applied to children born out of lawful wedlock. & S. and other places which are of ill fame. 174. R. 1 Hagg. on the twenty−sixth day of August. 2 Hill. Cons. 276. 303. 41. A contract against the purity of manners is also illegal. 5. 2 L. 10 Ves. Contracts against the public policy of the law. Non−essential or accidental ignorance is that which has not of itself any necessary connexion with the business in question. 1 Rogers’ Recorder. This is a technical expression. Of the first. ILL FAME.9. 1 V. that which means not only bad character as generally understood. Rom. pp. Id.. 2. That which is contrary to law. This word has a technical meaning. 12 East. ILLEGAL.Nor to a contract which is fraudulent. A bastard is sometimes called an illegitimate child. altogether unconnected with them. for no form of expression can remove the substantial defect inherent in the nature of the transaction. and in conformity to the principles of the articles of compact . C." The assured having entered into this warranty. or which may in their consequences. Mos. & A. 1. if a man should marry a woman whom he believed to be rich. 1 Rawle. Eccl. Eq. Inj. but a bond given for past cohabitation. C." the people of said territory did. but every person. − 2. R. A debt or duty that cannot or ought not to be levied. Unlawful. R. Vide. 3 P. and she proved to be poor. c. Dougl. are in general illegal and void. Wms. whatever may be his conduct and character in life. h. whether the same be in direct violation of a statute. R. Contrary to law. By illicit trade is understood that "which is made unlawful by the laws of the country to which the object is bound. 1. 3 P. Nihil set upon a debt is a mark for illeviable. for example. 1. Wms. the courts will investigate the real object of the contracting parties. 683. Doct. Dial. 26. _137. in the following words: Resolved. A contract in violation of a statute is absolutely void. 2 Atk. Ayl. 14 Johns. 2 Hagg. unlawful. 2 East. This word is frequently used in policies of insurance. 112. ch. ILLINOIS. C. 2 Greenl. 729. 303. being considered as remuneration for past injury. is therefore illegal and void.. ch. p. generally. 337 to 444. is republican. 558. 1818. 1 Story. 16. passed on the eighteenth day of April. 4 Bouv. where the assured warrants against illicit trade. All contracts which have for their object. _96. this fact would not be essential. It is a general rule. 2 Burr. 1 Campb. 7. 243. as. 1 Fonbl. Trade. t. Eccl. or opposed to public morals. 127. This state was admitted into the Union by virtue of a "Resolution declaring the admission of the state of Illinois into the Union. 2 Madd. is therefore void. & B. The case of a wager between two persons. 67. R. Vide Unlawful. n. ILLEVIABLE. 315. whereas. S. Jur. in pursuance of an Act of Congress. in the case of a riot. note 1. h. is binding. & Stud. Dial. is required to do no act which will expose the vessel to be legally condemned. 3. 1 Hagg. 2 Hawk. 4 Camp. 2. note v. 302. R. 134: 5 Taunt. R. Dig. P. n. Ed. part of the money which was so exacted. 24. 46. 22. 38. Warranty. entitled "An act to enable the people of the Illinois territory to form a constitution and state government. an example may be found in the case where a sheriff’s officer received a sum of money from a defendant for admitting to bail. as. which affects the defendant or a third person. a agreement to cohabit unlawfully with another. S. gaming houses. R. R. 92. 3 M. ILLEGITIMATE. in the present year. R. be injurious to third persons. What is unlawful what is forbidden by the law. by a convention called for that purpose. t. p. Ev. form for themselves a constitution and state government. against public policy. 1 Bro. Cowp. 8 Wheat. Code. Eq. ILLICIT. 591. 1 Vern. it will vitiate the transaction. and if that be repugnant to the law. is an example of the second class. 2 East. and is requisite in an indictment where the act charged is unlawful. 152. Appendice viii. which constitution and state government. and agreed to pay the bail. 38. R‚pert. a contract not to marry any one. 1 Hagg. 467. 2. That. Clef des Lois Rom. 406. R. 767.. See Void. 42. 6. it will be set aside. as. and. 469. 720. 2." passed December 3. Ch. 924. . Cas. Merl. 3853. C. R 501. 1 Chan. Cons. Par. Dr. that the law will never give its aid to a party who has entered into an illegal contract. who visits bawdy houses. 80. 1 B. 17 Pick. 163. 1 Pet. R. _44.. 379. so formed. and the marriage would therefore be good. 2 Johns. 364. 1 Johns. Vide Insurance. Unlawfully. R. h. B. 512. 3 Sav. 12 East. are equally void as if they were in violation of a public statute. however disguised. _7. as to the character of a third. Vide lllicit. S. C. 378. 1. one thousand eight hundred and eighteen. on an equal footing with the original states. and for the admission of such state into the Union. R. 338. 6. 92. 337. 25. 2.
either directly or indirectly. 6. in pursuance of an act of the general assembly of the state of Illinois. The legislative authority of this state shall be vested in a general assembly. 2. The rights of citizens to vote at elections. _13. Of the house of representatives. except as hereinafter expressly directed or permitted. 7. shall be entitled to vote at such election. Of those parts of the constitution which relate to the general assembly. which continued in force until the first day of April. shall be void.between the original states and the people and States in the territory northwest of the river Ohio. _7. − 1st. or during one year after the expiration thereof. at the desire of any two of them. The yeas and nays of the members on any question shall. or to the senate of the United States. seaman or mariner of the United States. and is hereby declared to be one. and compel the attendance of absent members. during the term for which he shall have been elected. of the United States of America. No person. elections for members of the general assembly shall be held once in two years. this convention adopted a constitution of the state of Illinois. _1. the others. nor shall any member of the general assembly be interested. to another. to one. on the Tuesday next after the first Monday in November. 2. 1848. The sixth article directs that. 1848. Of the senate. 1. No person elected to the general sembly shall receive any civil appointment within this state. Two−thirds of each house shall constitute a quorum but a smaller number may adjourn from day to day. 1. 5. and thereafter. All votes shall be given by ballot. from the governor. No soldier. The senate and house of representatives. the governor and senate. The legislative department will be considered by taking a view. and all votes given for any such member for any such office or appointment. or any county thereof. both to be elected by the people. and each of them be confided to a separate body of magistracy. _14. in any contract with the state. No elector loses his residence in the state by reason of his absence on business of the United States. at such places therein as may be provided by law. The first election for senators and representatives shall be held on the Tuesday after the first Monday in November. _6. shall each choose a speaker and other officers. and by the 13th section of the schedule thereof it provided that this constitution shall be the supreme law of the land from and after the first day of April. or from the general assembly. passed on the thirteenth day of July. 3. was adopted in convention held at Kaskaskia. is deemed a resident of the state. Any two members of either house shall have liberty to dissent and protest against any act or resolution which they may think injurious to the public. 1848. and publish them. In all elections. in each and every county. _2. who may be a resident of the state’ at the time of the adoption of this constitution. The distribution of the powers of government. June 7. to wit: Those which are legislative. and those which are judicial. and admitted into the Union on an equal footing with the original states. but no such citizen or inhabitant shall be entititled to vote. on the 26th day of August. A constitution for this state. Of the general assembly.) Each house shall judge of the qualifications and election of its own members. one thousand eight hundred and forty−eight. in all respects whatever. having resided in the state one year next preceding any election. and have the reasons of their dissent entered on . (the speaker of the senate excepted. 4. − 1. and sit upon its own adjournments. those which are executive. which shall consist of a senate and house of representatives. 2. That the state of Illinois shall be one. 1847. The powers of the government of the state of Illinois shall be divided into three distinct departments. being one of these departments. A convention to revise the constitution assembled at Springfield. shall exercise any power properly belonging to either of. A. _12. to another. These will be separately considered. one thousand seven hundred and eighty−seven: Resolved. and all acts in contravention of this section shall be void. be entered on the journals. or to any individual. &c. 2. except in the district or county in which he Shall actually reside lit the time of such election. and all such appointments. _5. It will be proper to consider. when assembled. Each house shall keep a journal of its proceedings. authorized by any law passed during the time for which he shall have been elected. 1818. D. 3. shall have the right of voting as aforesaid. or this state. every white male citizen above the age of twenty−one years. in consequence of being stationed within the state. entitled "An act to provide for the call of a convention: On the first day of August. _2. and every white male inhabitant of the age aforesaid. or collection of persons. The third article of the constitution provides as follows _1. The second article distributes the powers of the government as follows: _1.
Each house may punish. except treason. who shall not be a citizen of the United States. The seats of the first class shall be vacated at the expiration of the second year. into two classes. such imprisonment shall not. and the house of representatives shall consist of seventy−five members. and in going to and returning from the same and for any speech or debate in either house. The doors of each house. 1848. they shall not be questioned in any other place. 6. expel a member. 4. and five additional members for every five hundred thousand inhabitants thereafter. Fifthly. with the concurrence of two−thirds of all the members elected. 2. unless he shall have been absent on the public business of the United States. by any disorderly or contemptuous behaviour in their presence: Provided. but not a second time for the same cause. 3. as near as can be. s. shall be kept open. nor to any other place than that in which the two houses shall be sitting. and. Art. Each house may determine the rules of its proceedings. the govenor. felony or breach of the peace. This will be considered in the same order which has been observed in relation to the senate. but if not. who shall be guilty of disrespect to the house. _16. and one year in the county or district in which he shall be chosen. to be apportioned among the several counties according to the number of white inhabitants. _19. The senate shall consist of twenty−five members. Thirdly. − 2d Of the senate. 9. 31 s. 3. moreover. all the representatives to which said counties may be entitled shall be elected by the entire district. where more than one county shall be thrown into a representative district. 6. In all future apportionments. at any one time. s. Art. into two classes. out of which the same shall have been taken unless he shall have been absent on the public business of the United States. may be biennially chosen forever thereafter. shall not have paid a state or county tax. Senators and representatives shall. adjourn for more than two days. 11.the journals. once in two years. Art. district or districts. district or districts. 3. By whom elected. out of which the same shall have been taken. 2. after which. − 3. if such county or district shall have been so long erected. the number shall neither be increased nor diminished. 13. Art. 3. of souls. as near as can be. five years an inhabitant of this state. s. Number of senators. any person. and those of the second class at the expiration of the fourth year." 10. or of this state. The senators at their first session herein provided for shall be divided by lot. 15. 14. Secondly. and those of the second class at the expiration of the fourth year. First. except in such cases as in the opinion of the house require secrecy. exceed twenty−four hours. by imprisonment during its session. may be biennially chosen forever thereafter. until the whole number of representatives shall amount to one hundred. Art. No person shall be a representative who shall not have attained the age of twenty−five years. then within the limits of the county or counties. Neither house shall. so that one−half thereof. as near as possible. who shall not be a citizen of the United States. The senate will be considered by taking a view of. The house of representatives. 16. The seats of the first class shall be vacated at the expiration of the second year. The duration of their office. be privileged from arrest during the session of the general assembly. 5. 1. s. 3. 5. _17. The senators at their first session herein provided for. Their election. 3. in all cases. shall issue writs of election to fill such vacancies. as near as possible. who shall not have resided within the limits of the county or district in which he shall be chosen twelve months next preceding his election. directs that "No person shall be a senator who shall not have attained the age of thirty years. . punish its members for disorderly behaviour. When vacancies shall happen in either house. and shall not. moreover. immediately preceding his election. or the person exercising the powers of governor. and thereafter the elections shall be on the Tuesday after the first Monday in November. with the names of the members voting on the question. The qualification of senators. shall be divided by lot. 4. if such county or district shall have been so long erected. without the consent of the other. when five members may be added to the house. When elected. have paid a state or county tax. or of this state. First. Sixthly. but if not. 8. of the Constitution. Fourthly. and of committees of the whole. and the reason for such expulsion shall be entered upon the journal. so that one−half thereof. and three years an inhabitant of this state. 5. and who. 3. Art. then within the Iimits of the county or counties. until the population of the state shall amount to one million. s. not a member. The first election shall be held on the Tuesday after the first Monday in November. 12. _15. The senators are elected by the people. _18.
In case of the impeachment of the governor. during the vacancy of the office of governor. Secondly. grant reprieves. The lieutenant governor shall. 1. die. Thirdly. 1849. or be absent from the state. by virtue of his office. and whose appointments − are not otherwise provided for − in case of disagreement between the two houses with respect to the time of adjournment. and possess the same qualifications. convene the general assembly by proclamation be commander−in−chief of the army and navy of the state. and emoluments of the office shall devolve upon the lieutenant governor and in case of his death. while in such administration. 24. duties. His authority and duty. Fifthly. in county . Sixthly. The executive department. be allowed to the speaker of the house of representatives. Art. or die. 4. and if. 1. as above provided. and emoluments of the office devolve upon the lieutenant governor. Fourthly. or resign. and every fourth year afterwards. and. removed from his office. s. for the same period. or inability to discharge the duties of his office. commutations and pardons. Secondly. They are elected biennially. First. during the recess of the general assembly. to debate and vote on all subjects. s. The first governor is to be installed on the first Monday of January. nor shall any person be eligible to that office who shall not have attained the age of thirty−five years. Art. The judiciary department. resign. resignation. The duration of his office. the lieutenant governor shall be impeached. year thereafter. number as speaker for that occasion. have a right. _19. No person except a citizen of the United States shall be eligible to the office of governor. The executive power is vested in a governor. 25. it shall be the duty of the secretary of state. No. 21. for the time being. In voting for governor and lieutenant governor. He remains in office for four years. his absence from the. provided it be not to a period beyond a constitutional meeting of the same. absent or impeached. Fourthly. or in case of the death of the governor elect before he is qualified. 22. 26. It will be proper to consider. until the governor. and take care that the laws be faithfully executed − on extraordinary occasions. 4 s. 19. the speaker of the senate shall. the powers. and the others every fourth. 2. duties. _18. to give the casting vote. The judicial power is vested in one supreme court. except in cases of treason and impeachment. 16. state. Their office continues for two years. 14. when in committee of the whole. His election is to be on the Tuesday next after the first Monday in November. in the same manner. _20. in circuit courts. the senators shall elect one of their own. to convene the senate for the purpose of choosing a speaker. refuse to qualify. be speaker of the senate. A lieutenant governor shall be chosen at every election of governor. and fourteen years a citizen of the United States. or speaker of the senate. or be absent from the state. The following are his principal powers and duties _15. 27. shall return or be acquitted. 4. The first election in 1848. 23. 4. The house of representatives shall consist of seventy−five members. whenever the senate are equally divided. _17. 4. but in these cases he may suspend execution of the sentence until the meeting of the legislature − require information from the officers of the executive department. Representatives are elected by the people. or removal. except when they shall be called into the service of the United States − nominate. The lieutenant governor. _16. Thirdly. appoint all officers whose offices are established by the constitution. Whenever the government shall be administered by the lieutenant− governor. or until a new governor shall be elected and qualified. 4. for any other cause than those herein enumerated. until a new governor be elected and qualified. He may give information and recommend measures to the legislature. 28. by and with the consent and advice of the senate. His authority and duty. Art. or he shall be unable to attend as speaker of the senate. 20. shall. and shall. continue in office for the same time. or which may be created by law. the powers. and whom as lieutenant−governor. If the lieutenant governor shall be called upon to administer the government. − 2. while he acts as speaker of the senate. adjourn the general assembly to such time as he thinks proper. Art. He has also the veto power. and been ten years a resident of this state. administer the government. See ante. and no more. in like manner. − 3. His qualifications. then upon the speaker of the senate for the time being. or until the disqualification or inability shall cease. shall receive for his service the same compensation which.17. 18. and. the electors shall distinguish whom they vote for as governor. His election: 3. In case of a vacancy in the office of governor. Representatives are elected at the same time that senators are elected.
2d. by the people. 4 Rawle. quadrennially. but as we approach. And one judge is to be elected every third year. When an ignorant man. and this last particular is what distinguishes the sane from the insane. 2. 5. with such justices of the peace in each county as may be designated by law. s. 2 Co. Of the county courts. To induce an illiterate man. Art. excited. 1 Yerg. and one is to go out of office in three. revenue. the shore appears to move. its organization and jurisdiction. Of thejurisdiction of the supreme court. 95. the general assembly may. − 3d. Of the supreme court. These will be separately considered. and shall perform such other duties as the general assembly shall prescribe. and not be less than thirty−five years of age at the time of their election. but reflection and a closer examination soon destroy this illusion. The state is divided into nine judicial districts. and he alleges.courts. A distant mountain may be taken for a cloud. and a concurrence of two of said judges is necessary to a decision. receive such compensation. signs a deed or agreement. 148. to be chosen by the qualified electors of each county. There shall be elected in each county in this state. 32. 946. The circuit courts have jurisdiction in all cases at law and equity. 2d. who could have read before he lost his sight. by false representations and false reading. their organization and jurisdiction. ILLUSION. Of justices of the peace. to sign a note for a greater amount than that agreed on. connexions. This term is applied to one unacquainted with letters. who holds his office for six years and until his successor shall be commissioned and qualified. The supreme court consists of a chief justice and three associates. ILLITERATE. For a plea of "laymen and unlettered. but inferior local courts. the judges are to draw by lot. a clerk of the county court. may be established by the general assembly in the cities of the state but such courts shall have a uniform organization and jurisdiction in such cities. Of their jurisdiction. in consequence of the fraud. 76. in each of which a circuit judge. by the qualified electors thereof. and exercise such jurisdiction as may be prescribed by law. A species of mania in which the sensibility of the nervous system is altered. Vide. in cases of mandamus. is indictable as a cheat. in each county. A square tower seen from a distance may appear round. After the first election. shall hold terms for the transaction of county business. we discover the truth. 31. but the legislature may increase the number of circuits. 1. It is composed of one judge. a competent number of justices of the peace. elected by the people. and in justices of the peace. Ab. To a person in the cabin of a vessel under sail. The patient is deceived by the false appearance of things. or makes his mark instead of a signature. and the other in nine years. Its jurisdiction extends to all probate and such other jurisdiction as the general assembly may confer in civil cases. except that he may be appointed at the age of thirty years. Of their organization. − 2d. shall sit with the county judge in all cases. if the deed or agreement were falsely read to a blind man. generally. and his reason is not sufficiently active and powerful to correct the error. 2 Nels. and in all cases of appeals from all inferior courts. 3. 1. he is not bound by it. the general assembly may require that two justices. An insane individual is mistaken on the qualities. is elected by the qualified electors. 28. 11 Co. They hold their office for nine years. weakened or perverted. 85 and pp. Provided. − 4th. There is in each county a court to be called a county court. make the clerk of the circuit court ex officio recorder. − 1st. 1st. and he forms wrong judgments as to . Provided." see Bauer v. by law. having the same qualifications as the supreme judges. 1st. whose compensation shall be fees. 29. The judges are elected each one in a particular district. not exeeeding one hundred dollars. one in six. 94. 4th. but reason corrects the errors and dissipates them. and there shall be elected. Illusions are not unfrequent in a state of health. Roth. Of the circuit courts. who shall be ex officio recorder. in such districts as the general assembly may direct. but on approaching it. the error is corrected. or county in which they shall respectively be elected. The judges must be citizens of the United States. 3. when the punishment is by fine only. and until their successors shall have been elected and qualified. But the legislature may change the mode of election. And the same effect would result. habeas corpus. This court has original jurisdiction in cases relative to the. 3d. and it has appellate jurisdiction in all other cases. of civil and criminal jurisdiction. who shall hold their offices for the term of four years. and in such criminal eases as may be prescribed by law. who holds his office for four years. in lieu of the county clerk. and two years next preceding their election in the division. Moor. The county judge. 2. and can provide that it was falsely read to him. have resided in the state five years previous to their respective elections. circuit. Rep. 30. and who shall perform such duties. any two of whom form a quorum. and in such cases of impeachment as may be by law directed to be tried before it. Of its organization. or to a foreigner who did not understand the language. and causes of the impressions he actually receives. unable to read.
384. he cannot recover. be an overt act the terms compassing and imagining being synonymous. might have been stated more generally. 3. payable "by four even and equal quarterly payments. lMMATERIAL ISSUE." &c. unimportant what is not requisite. Vide Fiction. TO IMAGINE. in an action for the penalty of a bond. of one or more of the animal propensities. and on the trial it appears that there was no stipulation with regard to the time or times of payment of the rents. tome 20. tome 1. the only material question is. that the subjects of the former possess some intellectual capacity. however. It has been attempted to classify the degrees of imbecility. conditioned for the payment of ten dollars and fifty cents at a certain day. 1 Vern. Such an appointment or disposition of property under a power as is merely nominal and not substantial. 4. Ab. R. or in those which furnish us with the moral motives that regulate our relations and conduct towards our fellow men. Imbecility differs from idiocy in this. the defend ant pleads the payment of ten dollars according to the form of the condition. what is material. 489. and therefrom to deduce the correct judgment. 3. 5 John. Esquirol. Discussion medico−l‚gale sur la folie. or perceptive power. Perjury. 1. it will remain equally uncertain whether the plaintiff is entitled to maintain his action. Jur. instead of demurring. an immaterial averment. on the Stat. or reflective power. though it need not have been made. as. or not. p. In order to complete the offence there must. and the plaintiff. jur. 1 Hawk. R. 2 Russ. 550.his internal and external sensations. 289. yet it must be proved. R. Des Maladies mentales. and as descriptive of. 2. 161. 1 Litt. 2. v. Eng. A. des Sciences M‚dicales. immaterial averments then need not be proved. Sugd. an immaterial issue. 64. Med. on Cr. med. 113. ILLUSORY APPOINTMENT. which renders it unable to examine the data presented to it by the senses. See Hallucination. a plaintiff declare for rent on a demise which is described as reserving a certain annual rent. 449. in other words. laid in the declaration and that proved.. whether this issue be found for the plaintiff or the defendant. p. they must be proved. it is manifest that. Hob. Dougl. Barr. That which is produced directly by the act to which it is ascribed. whether the exact sum were paid or not. or. he cannot be punished for perjury. 202. R. s. partie. 521. 386. Jur. The latter is occasioned by a want of intensity. 140. when they are made. as. 1 Hagg. pr‚m. It is frequently attended with excessive activity. Georget. It. it. or without such circumstances or particulars. Maladies Mentales. and the article Appointment. There are various degrees of this disease. 101. for. 3. which is false.) The former consists in a defect of the mind. because. or it is described to be an abnormal deficiency either in those faculties which acquaint us with the qualities and ordinary relations of things. without the intervention or agency of any distinct intermediate cause. note. IMBECILITY. properly. and when there is no variance between the contract as. in connexion with. is a statement of unnecessary particulars. 16 Ves. The averment as to the time. Imbecility differs also from stupidity. 252. consider‚es dans leurs rapports avec la legislation civille et criminelle. as there is a variance between the contract declared upon and the contract proved. while those of the latter are utterly destitute of reason. Pow. 8. Dict. 438. R. 542. R. and the plaintiff having failed in this. a defect of intensity. and which. that is. C. law. 1 T. c. _186. caused by the absence or obliteration of natural or acquired ideas. (q. Jur. and the question of payment of a part is a question quite beside the legal merits. 1 Taunt. 2 Philm. and his reason does not correct the error. 3. although he is guilty of perjury in foro conscientiae. What is not essential. 8. IMMATERIAL AVERMENT. if. In cases of treason the law makes it a crime to imagine the death of the king. 5 Taunt. conditioned to pay a certain sum. IMMEDIATE. 2. 4 Ves. It is highly improper to introduce immaterial averments. Illusory appointments are void in equity. When a witness deposes to something immaterial. 1 Litt. if in an action of debt on bond. One taken on a point not proper to decide the action. tenders issue upon the payment. Gould on Pl. the plaintiff cannot recover. though inferior in degree to that possessed by the great mass of mankind. 243. . Hallucination. for example. without striking out at the same time the cause of action. chancery practice. what is material and requisite.. ch. c. 785. Gould on Pl. 538. Med. IMMATERIAL. 2 Beck. b. But when the immaterial averment is such that it may be struck out of the declaration. but the careful observer of nature will perhaps be soon satisfied that the shades of difference between one species and another. III. One alleging with needless particularity or unnecessary circumstances. 3. are almost imperceptible. _188. 2. Ch. 26. what is informal. A weakness of the mind. 1 Beck’s Med. has been justly remarked that the words to compass and imagine are too vague for a statute whose penalty affects the life of a subject. 665. Bac. 69. 67. Ray. Ecc.
a court of justice leaves the parties where it finds them. pigeons in a pigeon−house. the court of king’s bench is the custom morum. 12 S & R. immoral. 3. 11 John. 341. 2 Wils. unless they have been let into. an action on the case. or performing duties which the law generally requires other citizens to perform. 6 S. lib. are things in general. R. 13. 788. art. Poth. or to substances previously connected therewith. or for printing a libel. 3 Burr. R. Vide Memory. strictly speaking. are immutable. 210. 586. 1. In Pennsylvania. 453−463. or for an immoral wager. 4. R. 3. IMMIGRATION. or against public policy. 19 John. 1568. 59. what is unchangeable. 194. 1 Yeates. & M’Hen. Lands and buildings or other constructions. 257. are immovable by their nature. 3 Bouv. S.2. _1. time of. cl. if not all the United States. 1 & 2 Ohio R. g. 2. IMMORALITY. n. B. s. Things are movable or immovable. 1 Bl. or united to the land. 517. 14 John. R. & Pull. sed vide 3 Conn. 4 John. and may punish delicto contra bonos mores. 1 Bl. For whatever arises from an immoral or illegal consideration. 24. Contr. Contr. when executory. note. In Louisiana. 50. R. 423. fodder. IMMOVABLES. and the existence of which he has learned from his elders. plants. by this term is understood that of which no man living has seen the beginning. Poth. 342. 2 M. 3 Atk. New Rep. 306. But except in cases belonging to the ecclesiastical courts. 18 John. 1438. the count will not help the execution. 137. L. and most. and declare in case. Immovables. What cannot be removed. Poth. − 2. 4 Har. 20. which is the moving from one place into another. civil law. H. and not to such as are so only by the destination of the law. but no human law can be so considered. IMPAIRING THE OBLIGATION OF CONTRACTS. R. 44. There are things immovable by their nature. 19 John. C. That which commences beyond the time of memory. Harper’s R. the injured party may elect to regard the negligence as the immediate cause of action. note. an agreement in consideration of future illicit cohabitation between the parties. 2 Strange. A servitude established on real estate. Things. 2. whether they have their foundations in the soil or not. 381. de Societ‚. 3. declares that no state shall "pass any bill of attainder. Vide Dig. as seeds. R. IMMEMORIAL. 113. 341. Immoral contracts are generally void. are immovables by destination. By the common. 525. 339. such as cannot move themselves or be removed from one place to another. S. − 1. 46. Inst. It is a general rule. adultery. when made for the purpose of trade. 2 H. 9. buildings erected on the land are not considered real estate. IMMUNITY. that which is contra bonos mores. Des Choses. and therefore invalid. Clef des Lois Romaines. t. 821. & M. an agreement for the value of libelous and immoral pictures." . 341. 213. 1. 3. 448. 2. R. 11 Mass. p. 94. C. the court will not rescind it. ex post facto law. and others by the objects to which they are applied. 3 N. 419. Ferard on Fixt. Chit. 2. 1 Chit. Rep. de la Communante. at the common law. 156. for those which are consequential. 107. are considered personal estate. and the like. 244. 6 Cowen. bee−hives. 64. art. 340. Code of Lo. R. account of the ecclesiastical jurisdictions: e. et seq. 7 L. 4 Ohio R. The laws of God being perfect. law. R. Vide Emigration. 432. 341. Rep. Rep. be enforced. IMMEMORIAL POSSESSION. is an instance of an immovable. manure. IMMUTABLE. on. others by their destination. it is not punishable in some cases. One contrary to good morals. 3 Toull. art. For immediate injuries the remedy is trespass. See Moral obligation. 465. The removing into one place from another. See Cause. 388. Rep. therefore. 6 Call’s R . is applicable only to such things as are immovable by their own nature. that whenever an agreement appears to be illegal. n. is void: quid turpi ex causa promissum est non valet. 2 Pet. Inst. when the agreement has been executed. 214. − 3. by Day. all such cases come under one and the same jurisdiction. and sue in trespass. 6. 137. Civ. t. Vide Civil Code of Louis. R. It differs from emigration. 3069. 113 5. 1 B. c. R. But this definition. 25. 342. By the common law. which the owner of the land has placed upon it for its service and improvement. 419. Ambl. 348. The Constitution of the United States. n. 762. 2 Bos. An exemption from serving in an office. Coxe. 1 Marsh. R. 3 Burr. & P. 13. Cr. In England. or to consider the act itself as the immediate injury. 97. & R. R. 4 Esp. 1 Esp. 2 Stark. 12 John. res immobiles. erections with or without a foundation. 1. 3 Cowen’s R. Rep. mot Immeubles. 2. 410. IMMORAL CONSIDERATION. When an immediate injury is caused by negligence. which is so considered in consequence of the object to which it is applied. or law impairing the obligation of contracts. cannot.
197. 12 Wheat. R. must be had to parliamentary practice. 2. &c. 10 Am. The constitution defines the crime of treason. Abr. 6 Cranch. it seems. Abr. C. The obligation does not inhere or subsist in the contract itself. after such an imparlance. written accusation." resort. Pleas. 3 Wash. to the senate of the United States. 2. and allowance of time to plead till the next term. h. A general imparlance is the entry of a general prayer. 12 Wheat. or in any manner changes the intention of the parties. 256. A general special imparlance. const. Law. bribery. not a mere moral obligation. though not to the jurisdiction of the court. as privilege. Senate Journ. This kind of imparlance is always from one term to another. 356. Story. so that. 4. Contracts are also express or implied. cl. not only in abatement. Recourse must be had to the common law for a definition of bribery. 419. therefore. s. Encycl. Pl. 265. and so falsifies his plea. Pleas. s. pleading and practice. abridges. bill. 2. and that he was always ready to pay. January 10th. Rawle on the Const. Secondly. Tidd’s Pr. so that the defendant. the defendant may plead in abatement. _795. practice. − 3. Index. s. A general special imparlance contains a saving of all exceptions whatsoever. . Pl. and. the defendant cannot object to the jurisdiction of the court. 4. 213. 7 Cranch. D’Alembert. Rep. Bac. C. The constitution makes no distinction between one class of contracts and the other. 2. 4 Wheat. 273− 297. A special imparlance reserves to the defendant all exception to the writ. or licentia loquendi. D. 322. TO IMPANEL.. IMPARLANCE. it is presumed. 2. as either. 4. 1 Chit. and it was decided by the senate. de M. but there is nothing in that instrument which prohibits Congress from passing such a law. in its most general signification. _1368 to 1891 Serg. The presentment. art. 420. that he was not. or they are executory. cl. 1. plead a tender. Doct. 213. Lawes. when considered in relation to their effects. without reserving to the defendant the benefit of any exception. Story on Const. against an officer. A common or general imparlance. t. But the more common signification of the term is time to plead. R. See. R.. 2 Show. this law is not the universal law of nations. 164. generally. 6. proprio vigore.. 327. 20. 214 Serg. but it is the law of the state where the contract is made.. treason. reply. 3. after this. C. that is. whether a senator was a civil officer of the United States. − 1. _791. 1799. Const. and other high crimes and misdemeanors. and the common law. 3. by craving time. but he may also plead a plea which affects the jurisdiction of the court. 94. Art. by transfer of the possession of the thing contracted for. he admits he is not ready. Law. law. 319. 291. however. Art. Pl. in general. Imparlance. 1. Dig.) IMPEACHMENT. to speak. 84. means time given by the court to either party to answer the pleading of his opponent. 3 10. which gives only a right of action for the subject of the contract. A special imparlance.2. by the sheriff or other officer lawfully authorized. and all civil officers of the United States. Barnes. resulting from the stipulations in the contract. R. an impeachment may be described to be a written accusation. 4 Wheat. Abr. n. 197. Under the constitution and laws of the United States. Jur. Not having particularly mentioned what is to be understood by "other high crimes and misdemeanors. h. in order to ascertain what they are. Id. Pr. 8 Wheat. or plead any matter in abatement. 376. in 1799. The persons liable to impeachment are the president. Delai (Jurisp. 135. t. 5. from the French. 1 Sell. 14 Vin. Any law which enlarges. it is the law which binds the party to perform his undertaking. but in the law appli− cable to the contract. 346. The obligation of a contract here spoken of is a legal. 335. The constitution declares that the house of representatives shall have the sole power of impeachment art. A question arose upon an impeachment before the senate. 1. 12 Wheat. Bac. 4. 4. Contracts. after it. Dane’s Ab. are executed. 3. 2. Story on the Const. The last two kinds of imparlances are. Civ. Const. Art. by the house of representatives of the United States. punishments. Imparlances are of three descriptions: First. The writing the names of a jury on a schedule. 318. may plead. s. is called articles of impeachment. Com. within the purview of this section of the constitution. Rawle on Const. rejoin. 3. sometimes from one day to another in the same term. Art. or count. 3. C. by a vote of fourteen against eleven. 418. vice−president. C. Vide. Dig Abatement. He cannot. C. 2 Saund. Pleader. I 19. parler. 3. The constitution forbids the states to pass any law impairing the obligation of contracts. Com. necessarily impairs it. s. The offences for which a guilty officer may be impeached are. to plead. and. Pet. because.−2. 21. and is said to be nothing else but the continuance of the cause till a further day. 93. Thirdly. 5 and that the senate shall have the sole power to try all impeachments.
or any less estate. 1. Civ. Proceedings on impeachments under the state constitutions are somewhat similar. is as follows: When a person who may be legally impeached has been guilty. cl. as they are applied to particular persons. as they relate to the contract and its validity. Pr‚liminaire. in the latter case. or any demand for compensation for the waste done. 2. we are bound to be grateful for favors received. contracts. where one of the contracting parties is already married to another person. Impediments which relate to the person are those of minority. Vide Poth. when the resolution is adopted by the house. The right to command. and recommend that he be impeached.) 1. . its being punishable. without either the nullity of marriage. Law. of some malversation in office. (q. Vattel. 6. 1 Toull. If any debates arise among the senators. On the return−day of the process. summoning the party to appear at a given day before them. according to the constitution and laws. unless they hold without impeachment of waste. Prel. 3. 4. 11 Co. When the president is tried. no right to commit waste. _17. a resolution is generally brought forward by a member of the house of representatives. Const. Bowy. they may commit waste without being questioned. The dirimant impediments are those which render a marriage void. as. as. evidence. 58. and the like. 82. That which is incomplete. v. Legal objections to the making of a contract. if his general character is good. IMPEACHMENT. The relative impediments are those which regard only certain persons with regard to each other. The mode of proceeding. and made good before the senate. the marriage of a brother to a sister. in cases of impeachment shall not extend further than to removal from office. qui ad rem non pertinet. The judgment. or. they give a statement of the charges.5. pleading. The process is served by the sergeant−at−arms of the senate. and the senate may proceed ex parte. therefore. IMPERFECT. Vide Incapacity. to answer to the articles. his default is recorded. IMPEACHMENT OF WASTE. Ob. which includes the right to employ the force of the state to enforce the laws. or belong to. want of reason.) and prohibitive. These impediments are classed. and a time is then assigned for the trial. and either appears or does not appear. 2. and disqualification to hold and enjoy any office of honor. but no person can be convicted without the concurrence of two−thirds of the members present. either by himself or attorney. Mod. If he does appear. are liable to be impeached for waste. they are conducted in secret. Vide Courts of the United States. they are dirimant (q. coverture. Dr. they are sometimes called disabilities. v. and they are presented to the senate by a committee appointed by the house to prosecute the impeachment. n. The house then agree upon the articles of impeachment. all. that a witness who has been examined is unworthy of credit. 2. If the committee report adversely to the party accused. and to demand that the senate take order for the appearance of the party to answer to the impeachment. a committee is appointed to impeach the party at the bar of the senate. the senate then issues process. 2. practice. and the final decision is given by yeas and nays. hence it is called an imperfect right. the chief justice shall preside. What does not appertain. An allegation. n. or for a committee of inquiry. notes. he is presumed. In the civil law. IMPEDIMENTS. or a demand of compensation for waste done by a tenant who has but a particular estate in the land granted. into absolute and relative. and. Inst. and the senators are sworn to do justice. 6. and Obligations. IMPERTINENT. et seq. A man has a right to be relieved by his fellow−creatures. but this right he cannot enforce by law. 45. 3 Bouv. des Gens. s. The person impeached is called to answer. under oath. at all times. 2. but subject the parties to a punishment. id est. this term is used to signify bars to a marriage. art. and to state that the articles of impeachment against him will be exhibited in due time. this is one of the principal attributes of the power of the executive. All tenants for life. and a return is made of it to the senate. when in distress. On the other hand. but we cannot be compelled to perform such imperfect obligations. It signifies a restraint from committing waste upon lands or tenements. If he does not appear. IMPERIUM. This term is applied to rights and obligations. Every witness is liable to be impeached as to his character for truth. trust. the senate resolves itself into a court of impeacmment. 3224. the parties are required to form an issue. Prohibitive impediments are those which do not render the marriage null. The proceedings on the trial are conducted substantially as they are upon common judicial trials. 2. arc. to be ready to support it. or profit under the United States. supported by proof. or is supposed to have been guilty. and. either to accuse the party. The absolute impediments are those which prevent the person subject to them from marrying at. 44. in the institution and trial of impeachments.
14 John. 1 John. or from which such goods. Com. 1817. L. Eden on Inj. 120. bale or package. wares or merchandise. 6 John. R. 2 Binn. 631. That this regulation shall not extend to the vessels of any foreign nation which has not adopted. 631. note a. 464. Com. Scandal. should. to which they are entitled at all events. according to the general practice. 2. 10. Newl. 350. 3 Story. by the bale or package. Pr. − _2. R. 5 Paige’s R. 152. 337. U. Ch. It is also a rule that when a man accepts an office. 564. R.2. There is a difference between matter merely impertinent and that which is scandalous. 6. 34 Emer. &c. An estate in fee simple will pass by implication. 450. 1 Russ. 201. Law R. provides: 5. law. Ab. In the year 1821. in general. 185. In the ancient English statutes. or other lay patrons. 24. 2 B1. _270. 4. and particularly of the above clause. p. barrel or tierce. Willes. Inst. N 12. In general. 198. That all goods. In equity a bill cannot. he undertakes by implication to use it according to law. S. Loans. jr. Impertinent matter. The obtaining anything by prayer or petition. An inference of something not directly declared. shall be imported into the United States from any foreign port or place. 676. 14 Vin. 141. and what is material is. of wine. without being scandalous. Index. 4. 1622. or merchandise. mar. 3. art. in such case it is considered as mere surplusage. Eq. and which shall not adopt a similar regulation. but if it is scandalous. See Gresl. Leg. which belonged to the gift of the king. be referred for impertinence after the defendant has answered or submitted to answer. c. 368. even if the adventure be lost.. Estates by Devise. 28. chap. In order to avoid the risk of making fruitless voyages. Bouv. 656. matter may be impertinent. Evidence of facts which do not belong to the matter in question. Ev. 5 Ves. and by non−user he may forfeit it. but arising from what is admitted or expressed. merchants have been in the habit of receiving small adventures on freight at so much per cent. rum. & Gr. wares or merchandise. This is what the Italians call implicata. 1. law. in a declaration or other pleading is that which does not belong to the subject. lay any imposts or duties on imports or exports. Such things as are used or employed for a trade. 342. t. 47. 3.. first shipped for transportation: Provided. 6 Ves. 2 Mann. 5 Ves. Vide 2 Ves. That. 466. Ham. Targa. the constitution of the United States. R. 25. comm. so strong a probability of intention that an intention contrary to that imputed to the testator cannot be supposed. 2 Ves. practice. 805. 1. P. 13. (q. without the consent of the congress. IMPLICATION. 18 Eng. &c. take out a license for which they were to pay fifty dollars. 2 Rop. To prevent the mischievous interference of the several states with the national commerce. and other persons selling the same by wholesale. before they were authorized to sell. N. To sue or prosecute by due course of law. 111. 555. after the 30th day of September next. nevertheless. 9 Watts. 532. 3 Ves. or furniture of a house. R. it must be impertinent. 2. 2 Ves. imported into the United States contrary to the true intent and . 3. Ch. 155. 3. The act of bringing goods and merchandise into the United States from a foreign country. IMPORTATION. wares. production or manufacture. Vide. 229. 104. Story. but it may be referred for scandal at any time. s. 5. − _1. R. 5 Cranch. Dig. and the net produce of all duties and imposts. I Edw. no goods. R. 31. 522. h. commodities. TO IMPLEAD. shall be for the use of the treasury of the United States. is impertinent and inadmissible. 38. p. except in vessels of the United States. such implication must not only be a possible or probable one. the legislature of Maryland passed an act requiring that all importers of foreign articles. 1 Ves. It is a rule that when the law gives anything to a man. s. 1 Ves. & My. 419. Pl. v. This apparently plain provision has received a judicial construction. 5 Madd. 19. 582. and the supreme court decided against the constitutionality of the law. s. it signifies a pre− obtaining of church benefices in England from the church of Rome. not impertinent. Pl. but it must be plain and necessary that is. 2.) and is rejected. 514. 11 Price. or in such foreign vessels as truly or wholly belong to the citizens or subjects of that country of which the goods are the growth. provides as follows: "No state shall. hogshead. 5 Ves. can only be or most usually are. and all such laws shall be subject to the revision and control of the congress. & Y. R. 9 Cranch. 1. & B. IMPLEMENTS. and even upon the application of a stranger to the suit. 71. Eq. Vide Gresl. Coop. generally. A question arose whether this act was or was not a violation of the constitution of the United States. Eq. 341. 12 Wheat. Mar. 1 Paige’s R. Com. 1 McC. what is immaterial is impertinent. The act of congress of March 1. laid by any state on imports or exports. 103. IMIPLICATA." 3. s. except what may be absolutely necessary for executing its inspection laws. it gives him by implication all that is necessary for its enjoyment. IMPETRATION. under certain penalties. Ev... IS John.
2. wares. 8. 14. in like manner. that this section shall not extend to ships or vessels of the United States. Dig. &c. R‚p. ship. D 1 & 2. See 3 Phillim. 6 Toull. tackle. 7. Sir John Davis on Imposition. Leg. 7 How. 1. 686. Jur. The Constitution of the United States. 2. This word is sometimes used to signify taxes. 17. 1. . U. n. On the subject of impossible conditions in wills. be imported. Story. B.meaning of this act. pt. and under the same regulations. Absolute or incurable impotence. The Federalist. 2. 3. from one port of the United States to another port of the United States. lib. 7. lay any imposts. Co. shall be proved citizens of the United States. 2. Conditions. 384. 1 Bl. 30. wares. Where this defect existed at the time of the marriage. R. Id. Poynt. in the case of vessels having such proportion of American seamen during their whole voyage. wares. 1 Eng. Smuggling. unless the officers. unless in case of sickness. Eccl. That the several bounties and remissions. 477. or contributions. in the case of vessels having a certain proportion of seamen who are American citizens. Id. 2. E a. together with her cargo. Dig. 6. by the ecclesiastical law and the law of several of the American states. and the ship or vessel wherein the same shall be imported. shall be liable to be seized. 289. 3 Elliott’s Debates. principally originating in some malformation or defect of the genital organs. distribution. No. 14. R. 45. Baron and Feme. Vin. a. 4. It has also been used synonymously with sterility. 614. which are now on foreign voyages. t. It is a maxim that no one is bound to perform an impossibility. and Div. or merchandise. med. But it seems the party naturally impotent cannot allege that fact for the purpose of obtaining a divorce. IMPORTS. l. Ab. Dane’s Ab. 10. Conditions. 8. 69. S. allowed by this act. Dig. 440. − _4. 1. is that for which there is no known relief. or duties. there shall be paid upon every ship or vessel of the United States. Vide article Entry of goods at the Custom−house. C. or duties on imports or exports. 3 Phillim. or which may depart from the United States prior to the first day of May next. Merl. M. fifty cents per ton: And provided also. 6. ourable. shall be allowed only.− _7. 93. The character of that which. except what may be absolutely necessary for executing its inspection laws. IMPOSSIBILITY. s. provided no goods. taxes. and at least two−thirds of the crew thereof. Dy. Marriage. Id. s. n. or where the whole or part of the crew shall have been taken prisoners in the voyage. 147. 554. as no state shall lay any duties on imports or exports. under penalty of forfeiture thereof. Ab. 50. 7. collection. 486. 1 Swift’s Dig. − _6. prosecuted. 481. 67. until after their return to some port of the United States.. 39. cannot be done agreeably to the accustomed order of nature. see Bac. ch. Whenever the importunity is such as to deprive the devisor of the freedom. mot Impuissance. Code. h. with troublesome frequency and pertinacity. Index. 44. or merchandise. 185. and provisions. 62. Const. 2. or impositions. Impotence may be considered as incurable. Imposts. Roll. Com. accidental or temporary. n. That no goods. s. art. 1. without the consent of congress. 206. 505. 5 Paige. Vide.. 2 Inst." And art. 121. and was incurable. Swinb. 8. Ab. 2 Phillim. Beck’s Med. As to impossible conditions in contracts. C a. or vessel. shall be forfeited to the United States and such goods. in a vessel belonging wholly or in part to a subject of any foreign power. S. or persons not the subjects of any foreign power. and cargo. 31. s. t. the marriage may be declared void ab initio. A l’impossible nul n’est tenu. Dane’s Ab. Const. D a. 420. and. Ab. restrictions. Conditions. IMPOSTS. as have been heretofore established for the recovery. apparel. gives power to congress "to lay and collect taxes. and which shall not have been unladen. on Marr. 10." See Bac. U. s. or mere other than those imported in such vessel from some foreign port. but this clause shall not be construed to prohibit the sailing of any foreign vessel from one to another port of the United States. duties. C 3. Clef des Lois Rom. Wills and devises are sometimes set aside in consequence of the importunity of those who have procured them. par Fieff‚ Lacroix.. Art. Bac. That after the 30th day of September next. of his will. IMPOSITIONS. 9. ch. 165 n. which shall be entered in the United States from any foreign port or place. _949. 6 Toull. and furniture. Ab. 17. n. E 3. Importations. 5. Litt. S. Com. generally. shall be carried from one port or place to another in the United States. to the satisfaction of the collector. directs that "no state shall. and condemned. Rep. imposts and excises. of forfeitures to the United States by the several revenue laws. and remission. h. in the more restrained sense of a duty on imported goods and merchandise . 10. Com. t. 2. or persons not the Subjects of any foreign prince or state. 5. 6 Toull. vide 1 Rop. jur. The incapacity for copulation or propagating the species. IMPOTENCE. R.. 551. Urgent solicitation. IMPORTUNITY. shall. sometimes. the devise becomes fraudulent and void. 127. 1. death or desertion. or abatements of duty.
IMPRIMIS. and the merely giving charge of a person to a peace officer. C. manufacture or composition of matter. 1 Carr.) meaus any illegal imprisonment whatever. C. generally. or under color of process wholly illegal. & Bea. Pr. Ryan’s Med. Techn. See. Dig. 523. h. 2 Ves. c. without regard to any question whether any crime has been committed or a debt due. was not an imprisonment. R. 471. 9 Bing. 102. 17 Eng. or which descends by inheritance. R. next day attend at a police. R. 1 State Tr. by the terms of a lease. R. though the party to avoid it. Com. t. Eccl. Dict. Jur. New Rep. S. Addis. Bac. 47. Tenants in common are not bound to pay for permanent improvements. 15 Pick. 725. 4. IMPRISONMENT. The act by which perjury or falsehood is proved. the defendant execute and send him a bail bond. Trespass. Com. II Eng. 1 Eng. M‚d. 1. Imprisonment in civil cases takes place when a defendant on being sued on bailable process refuses or cannot give the bail legally demanded. 95. In some of the ancient English statutes this word is used to signify a printing−office. 1 Esp. rights. as to the signs of impotence. 495. D 3. the covenant was to 1eave at the end of the term a water−mill with all the fixtures. 431. 147. R. n. 233. either with or without process. Vide. 528. C. 612. L‚g. Vide Profits. 2. L. 1 Bl. note d. Dictionnaire des Sciences M‚dicales. estates. IMPROVEMENT. does not amount to an imprisonment. 40 Eng. 5 Binn. 1 Chit. p. during the demise fixed. t. L‚g. In the first place. L. 8 State Tr. 153. such submission to the process will not constitute an arrest. . 1 Binn. 1 Chit. 729. R. a print or impression. generally. of employing the revenues of a church living to one’s own use. & Gra. 3. 2. 3 Sim. 24. _2. An unlawful imprisonment. 2 Bouv. App. 48. Law Rep. S. whether real or personal. Impuissance. R. art. eccl. h. 2. S. 450. 100. 325. or it is the effect of a sentence. Com. and improvements. Imprisonment is either lawful or unlawful. Com. Trebuchet. n. & R. 1. commonly called false imprisonment. 335. it is also a parsonage or ecclesiastical living in the hands of a layman. de la. or is under a capias ad satisfaciendum. Pr. 1 John. & Cres. 1 Par. IMPROBATION. made on the common property. 2 Inst. an imprimatur is required. 3 Phillm. IMPRIMERY. S. or the touching of a person by a peace officer by way of arrest. & Fonbl. it is generally explained by other words. 101. 1 Hagg. 757. Rep. 342. The restraint of a person contrary to his will. 2 Man. Eccl. though generally it extends to amelioration of every description of property. R. C. Law. are also imprisonments. 431. See Item. it was requisite that a permission should be obtained that permission was called an imprimatur. and. 2 Phillm. 440. 2. & Pavn. 173. Med. Jur.R. 408. 77. The state of being incapable of prescription. This term is of doubtful meaning It would seem to apply principally to buildings. The act. 266. or set up on or upon the premises. C. 239. R. Where. IMPRESCRIPTIBILITY. R. R‚pert. R. A property which is held in trust is imprescriptible. 71. _237. the most obvious modes are confinement in a prison or a private house. Med. An addition of some useful thing to a machine. IMPROVEMENT. or on arrest in execution. 6 Bar. R. although the custom of the country in general authorized the tenant to remove them. unless he claims an adverse right to it during the time required by law. A license or allowance to one to print. lawful imprisonment is used either for crimes or for the appearance of a party in a civil suit. As to what will amount to an imprisonment. in good plight and condition. mot Emprisonment. 13 Eng. 877. that is the trustee cannot acquire a title to it by prescription. as. and carrying him out of the room in which he was sitting with others. R. 1 Chit. 4 Binn. 450. law. 5 S. 526. and then it is a part of the punishnient. 14 Vin. fastened. 351. fastenings. by one of the tenants in common without their consent. 3. not followed by any actual apprehension of the person. it was held to include a pair of new millstones set up by the lessee during the term. R. & R. Ab. Imprisonment for crimes is either for the appearance of a person accused. Vide 3 Yeates. 418. 349. and excluding him from the room. 600. art. 211. 23. 598. I direct my just debts to be paid. the art of printing. IMPRIMATUR. Merl. v. imprimis. At one time. 315. Inst. 589. 1 Briand. Ch. 10. 1 Esp. 246. but a forcible detention in the street. nor can the borrower of a thing get a right to it by any lapse of time. before a book could be printed in England. 1 Hagg. n. 2. 1881. as when he cannot give bail. 4 Com. No. 618. Dowl. R. and if. IMPROPRIATION. when he is taken in execution under a judgment. In some countries where the press is liable to censure. in consequence of a message from a sheriff’s officer holding a writ. M‚d. (q. Foder‚. Dict. to 111. Jur. Ab. Techn. It has been decided that lifting up a person in his chair. 245. Baldw. 2. R. 172.
1 Gallis. Vide To Open − Opening. In another place. when things are in custodia legis. it is almost impracticable not to employ the same elements of motion. administrator or trustee. and in some particulars. as to the testimony of such person. One who is more than seven years old. a marriage in extremis. v. This is generally applied to indorsements. t. and who has not attained the age of an adult. 25 E. 478. 2 Suppl. S. t. C. Domat. IN FIERI. 5 Co. Not being punished for a crime or misdemeanor committed. jr. S. which is one not restricted. is said to have the property confided to him in such character. nor otherwise interfered with by a private person. Vide Cepit in alio loco. indorsements in blank. 2159 to 2262. whether good or ill. 28. civil law. 51. n. and. 2. to produce any new effect. in autre droit. In the character or form of a pauper. when a poor person cannot afford to pay the costs of a suit as it proceeds. Prel. 565. In favor of liberty. it may be amended or altered at the sound discretion of the court. Vide Posse. IN FAVOREM LIBERTATIS. or of the result of it. Des Contr. 45. The state or condition of a church living. 2 Story. IN ESSE. The patent law of July 4. 2. the same manner of operation. R. there is a species of partnership called a partnership in commendam. 3. see Dying declarations. 232. IN COMMENDAM. _3. if not fatal. IMPUTATION OF PAYMENT. A child in ventre sa mere is a thing in posse. (q. and it is commended to the care of some one. if a boy. till he has attained his full age of fourteen years. As to the effect of this condition on wills. Wolff. Vide Extremis. 8. the cases often approach very near to each other. 473. and a departure from this rule. 352. Evidence is said to be in chief when it is given in support of the case opened by the leading counsel. Sect.2. 570. In another’s right. and afterwards prove another committed in February unless the pleadings and openings extend to both. 113: Poth. In favor of life. lmpunitas continuum affectum tribuit delinquenti. v. 6 Carr. Jurisp. C. 7 Toull. see Nuncupative. and the plaintiff prove his cause of action to have been the assault in January. See Indorsement. IN CHIEF. if a girl. 6. IN CUSTODIA LEGIS. IN FAVOREM VITAE. Vide Commendam. IN AUTRE DROIT. her full age of twelve years. as. It is often very difficult to say what is a new and useful improvement. 155. 4 Co. R. to Ves. Vide 1 Supp. p. Suppose. IN ARTICULO MORTIS. as. It is used in opposition to enposse. after he is born. In the course of execution. In the article of death. that two assaults have been committed. L. for example. at the point of death. In England. n. The term is used to distinguish evidence of this nature from evidence obtained on a cross−examination. _3. 191. during that time. The impunity of crimes is one of the most prolific sources whence they arise. 539. IMPUNITY. See 4 B. By evidence in chief is sometimes meant that evidence. having obtained leave to sue in forma pauperis. In general. IN EXTREMIS. n. Id. one in January and the other. Evidence in chief should be confined to such matters as the pleadings and the opening warrant. he cannot abandon that. Code of Lo. IMPUBER. art. (q. Liv. 282. 466. 246. IN FACIENDO. In. This phrase is used to denote the end of life. 890. Durant. In the custody of the law. S. See also. 540. jr. IMPUTATION. 2 Gallis. they cannot be distrained. 10 L. IN ALIO LOCO. he is exempted from such payment. A record is said to be in fieri during the term of the court. In doing. An executor. 288. 73. Liv. See 2 B. 2 Kent. or in feasance. Ob. and. which is given in contradistinction to evidence which is obtained on the witness voir dire. he is in esse. IN BLANK. Com. 1 Campb R. 109. 2. & Ald. n. is one made at the end of life. . 1 Mood. & P. 483. in February. which is void or vacant. _1308. 971. In being. s. a thing commenced but not completed. or out of infancy. & R. in some cases. 6 N. a. will be sometimes highly inconvenient. In the present improved state of machinery. IN FORMA PAUPERIS. This term is used in Louisiana to signify the appropriation which is made of a payment. 3. Civ. when the debtor owes two debts to the creditor. Eq. Louisiana. See 3 N. 1836. to Ves.) and who is not yet in his puberty that is. authorizes the granting of a patent for any new and useful improvement on any art. machine manufacture or composition of matter.) 3 Chit. made by the indorser simply writing his name. 173. & Adol. A thing in existence. 370. The judgment by which we declare that an agent is the cause of his free action. a. 191.
b. Bac. A remedy in personam. Neither courts of law nor equity will interpose to grant relief to the parties. 1 Wash. In the sale of property. and some ludicrous examples of this ingenuity may be found. Bract. not appurtenant or appendant. n. v. Common granted to a man and his heirs by deed. For the perpetual memory or remembrance of a thing. In the place of a parent. Rom. part 2. g. 3 Binn. as. 2 Binn. 248. Ab. 8 Mass. IN LIMINE. Inst. Upon the same matter or subject. For. & Rawle. 1 Bouv. IN GREMIO LEGIS. where land is in abeyance. but there is no legal obligation on the part of the vendee to disclose them. IN PERSONAM. the courts are anxious to check crimes in limine. 511. by which the defendant in error affirms there is no error in the record. or common in gross may be claimed by prescriptive right. R. conscientiously. in pari delicto potior est conditio defendentis et possidendis. 231. G. As to the effect of. At large. 585. See Invito domino. such plea. c. or in rem. 2 Bl. 155. Inst. 137. Greenl. This is a figurative expression to signify a state of suspension or abeyance. IN MITIORI SENSU. . equal in guilt. 410. IN GROSS. broken rascal. Vent. 2 Nott & McCord. was gravely asserted not to be actionable − "ne poet dar porter action.) 3 Bouv. It is a general rule that the plea in nullo est erratum confesses the fact assigned for error. for example. see 1 Vent. and ingenuity was. 3834. 532. ad litem. according to the maxim. 769. A plea to errors assigned on proceedings in error. against one who has not given his consent. in." Latch. 252. IN MORA. In law. In or at the beginning. when an illegal agreement has been made. IN LITEM. IN PERPETUAM REI MEMORIAM. 952. 128. rightfully. according to law. and both parties stand in pari delicto.IN FORO CONSCIENTIAE. is wrong in foro conscientiae. This is a figurative expression. 233. Yelv. ÿ20 IN FRAUDEM LEGIS. 57. 50. continually exercised to devise or discover a meaning which by some remote possibility the speaker might have intended. IN ODIUM SPOLIATORIS. n. IN JURE. 451. Kirby. Com. 2646. in contradistinction to those which are against specific things. Poth. For a suit. The rule now is to construe words agreeably to the meaning usually attached to them. 55. IN NULLO EST ERRATUM. To say of a man who was making his livelihood by buying and selling merchandise. In default. IN INVITUM. fol. R. In the course of trial. Every thing done in fraudem legis is void in law. 1 Nott & McCord. Against an unwilling party. 7 Serg. In the clouds. IN LOCO PARENTIS. 114. IN PARI MATERIA. he is a base. Inst. and the contract will be good if not vitiated by fraud. Statutes in pari materia are to be construed together. 156 Bouv. 2. as. the concealment of facts by the vendee which may enhance the price. 12. All things are presumed against a despoiler or wrong doer in odium spoliatoris omnia praesumuntur. 7 Wend. Inst. n. And to call a man a thief was declared to be no slander for this reason. 1 Str." 2. Error. pleading. 118. Formerly in actions of slander it was a rule to take the expression used in mitiori sensu. Dane’s Ab. sen. 684. In hatred of a despoiler. IN PARI CAUSA. 9 Mass. 2. Vide mora. "perhaps the speaker might mean he had stolen a lady’s heart. Index. upon these occasions. 185. 152. that the subject is under the protection of the law. This term is applied in opposition. by which is meant. 1 Bouv. It is a rule that when two persons have equal rights in relation to a particular thing. This phrase is frequently used. Dig. car poet estre intend de burstness de belly. construction. IN JUDICIO. to the obligations which the law enforces. is common in gross. Gilb. 1 Burr. T. 34. _348. In an equal cause. but not a matter assigned contrary to the record. in the mildest acceptation. 17. R. note c. but annexed to a man’s per son: e. Ray. IN PARI DELICTO. as. (q. IN NUBIBUS. In equal fault. Before the tribunal of conscience. he has broken twice. 2 Wheat. 169. 34. remedies. to the suit. In the bosom of the law. and I’ll make him break a third time. 2 Ves. the party in possession is considered as having the better right: in pari causa possessor potior est. Ev. 515. In fraud of the law.. R. h. n. is one where the proceedings are against the person. t. n. The law leaves them where it finds them. 1 Co. a course of legal proceedings. the master stands towards his apprentice in loco parentis. 217.
12 M. IN REM. cases or matters. or until the goods have been delivered. unless the nature of the subject. 352. 558. 2. & A. Poth. Ev. For cases of legacies given to a wife while she shall continue unmarried. 122. settlement. in existence. the award is void in toto. terror. 396. remedies. 2 P. for in these case’s the parties are not personally bound. or they may proceed against the master or owners. 3. 98. 2. generally. as the defendant appeared in propria persona. the legislature has declared this to be a crime in totidem verhis. 3. During the transit. 269. & Payne. R. 7. 212. R. By way of threat. 140. 322. Ab. 1 Greenl. The common law is exactly the reverse of this. 3 P. Seamen. Dig. divorce. and .. Wms. In the whole the part is contained: in toto et pars continetur. Proceedings in rem include not only judgments of property as forfeited. 253. as Bac. and the proceedings are confined to the thing in specie. but he may contract with each of them for the whole when such is the intention of the parties. the conditions are not in general obligatory.IN POSSE. Evans’ Poth. but that a payment made to any one liberates the debtor against them all. c. used in opposition to in futuro. 3. not in actual existence. 2 N. Const. Serg. and see 2 Gall. h. S. 1 Rop. but so that a payment made by one liberates them all. the bequest is only quousque the legatee shall refrain from disturbing the will. or the English exchequer. A marriage contracted in words de praesenti is good. In just so many words. pt. IN TRANSITU. In the nature of things. art. IN REBUS. so that each of the persons in whose favor the obligation is contracted. Law. For example. before reaching their place of destination. in favor of several others. as. for a general obligation in favor of several persons. IN TOTIDEM VERhis. see 1 Madd. or warning. n. 4 Carr. Courts of admiralty enforce the performance of a contract by seizing into their custody the very subject of hypothecation. The transit continues until the goods have arrived at their place of destination. 3. unless the ceremony was followed by consummation. is a good marriage. 2 Bro. himself. There are cases. R. Obl. To the terror of the people. 254. IN PRAESENTI. − 2. and this is the most expeditious mode. bastardy. S. 50. vol. 373. But when the acquiescence of the legatee appears to be a material ingredient in the gift. 200. IN PROPRIA PERSONA. 352. in pr. Ev. 17. to signify that a contract is joint. things remained in statu quo. Obli. IN RERUM NATURA. In the whole. R. Poth. At the beginning this is frequently used in citations. 5 L. IN SOLIDO. may proceed against the ship or cargo for their wages. Obligations are in solido. In possibility. between the time of the submission and the time when the award was rendered. 1 Phil. 270. An indictment for a riot is bad. 203. R. I take Paul to be my hushand. Bro. 1 Stark. Burge on Sur. but words de futuro would not be sufficient. IN RE. art. 4 N. Civ. A term used in the civil law. In things. is a joint obligation to them all. 1. each of these is only creditor for his own share. 1944. as. Legacies. In his own person. if. In the matter. is creditor for the whole. and nothing remains to be done to complete the delivery. s 1. or as prize in the admiralty. 3 T. 2. 202. as. IN TERROREM POPULI. the non−observance of the conditions will not be a forfeiture. R. as in re A B. as. where the remedy is either in personam or in rem. t. An obligation is contracted in solido on the part of the debtors. Leg. Joint and Several. IN TERROREM. however. When a person contracts the obligation of one and the same thing. 5 L. or relations of the party. c. 1 Hill. or the like. See 9 M. in the matter of A B. 7. Law. Ab. Wms. 541. Ev. in contradistinction to personal actions which are said to be in personam. Inst. 90. the plaintiff argued the cause in propria persona. when each of them is obliged for the whole. first. 3 L. 344. IN STATU QUO. between several debters. in the same place. or the particularity of the expression lead to a different conclusion. 123. C. Dane’s Ab. See tit. 2. 2. unless it conclude in terrorem populi. 2 Ventr. p. 2. In the same situation. 398−420. 1 Atk. and Adm. such as marriage. 52. completely. IN TOTO. IN PRINCIPIO. for example. 4 Burr. 287. when a legacy is given to a person upo condition not to dispute the validity or the dispositions in wills and testaments. R. This is called solidity of obligation. 590. but also the decisions of other courts upon the personal status. 317. secondly. but only in terrorem. 404. 1 Bouv. 56. At the present time. therefore. there exist probabilis causa litigandi. R. __525. 216. 258. This technical term is used to designate proceedings or actions instituted against the thing. wholly. or removal from one place to another. Parties to action. pt. 228. 2 Vern. between several creditors. used in contradistinction to in esse. Law. Vide.
390. 710 Pr. The want of a quality legally to do. In general. 322. jr. Transitus. 270. in the case of a bastard who cannot inherit from nature and the law. S. 1 P. Sugd. 3 Binn. Amb. as to the law of Virginia on this subject. Such a child is enabled to have an estate limited to his use." or of "children living at the testator’s death. 2 Atk. 1 B. Ch. and the contract be executory. 7 Ves." &c. Ab. Com. 4. 50. 5 Serg. 2 Vern. 7 T. 30. in Pennsylvania. 2 Bro. − 11. C. Vide Foetus. 130. 498. 20. Vide Price. 111. there are also many rights which are inalienable. sr. &c. jr. when the party has not his senses. to the revocation of a will previously executed. in gage. 35. be given for an estate. 2 P. C. 320. 2 Vern. Id. as. were in cujus rei testimonium. or of speech. 711. 399. 117. Leg. transmit. Is capable of taking a devise of lands. R. See Birth. 12. kings. 3. − 9. 651. 3 Bro. These words. 312. under ordinary circumstances. IN WITNESS WHEREOF. See. A. 1 Rop. 156. C. 2. Wms. and prelates. 13. & Stu. 187. 1 Salk. − 12. 3 Munf. 486. May have a distributive share of intestate property. vendor cannot compel the buyer to fulfil the contract. 1 Ves. 85. 100. Vend. who is not subsequently born alive. is inadmissible to contradict a written agreement. when conveyancing was in the Latin language. 8. − 7. 948. 7 Bro. also. Code of Lo. 341. 710. 2 Ves. Dead Born. INALIENABLE. 673. 52. 1 M’Cord’s Ch. INADMIISSIBLE. 5 T. Com. C. 9. C. 4 Dall. 224. and of the governors of the several states. 5 T. and the court will grant an injunction to stay waste. R. P. " In witness whereof the said parties have hereunto set their hands. IN VADIO. 110. 1 B. from the law. It arises from nature. The mother. give. 710. 3. IN VENTRE SA MERE. Bl. 1 P. 3. or an intentional concealment of the defects in the thing sold. 1 Sim. however. 4 Desaus. 6. 243. Public highways and rivers are of this kind. 1 Bl. In his mother’s womb. INCAPACITY. R. − 6. Civ. Is capable of taking a legacy. 228. C. Wms. In pledge. The destruction of such a child is a high misdemeanor. particularly’ when the property has been sold by auction. 2. Litt. Co. 298. In law a child is for all beneficial purposes considered as born while in ventre sa mere.) of the emperors. 63. − 5. 85. 7 Ves. gross misrepresentations. 189 to 199. And the birth of a posthumous child amounts. Just. 11. which. INADEQUATE PRICE. − 8. & P. 229. − 1. 496. 1 Freem. 1 Bro. in the . Com. − 2. 2. Pre. in imitation of the ceremonies of the Romans when they entered into the temple of the augurs. R." 2 H. 4 Ves. as. Vide. But a stranger can acquire no title by descent through a child in ventre sa mere. 130. are the initial words of the concluding clause in deeds. will enter into the adequacy of the consideration. Wms. 111. 5. 1 Bro. and is entitled to a share in a fund bequeathed to children under a general description. v.. 7. jr. the property of which cannot be lawfully transferred from one person to another. in the case of an idiot. It is applied in the United States to the installation of the chief magistrate of the republic. 1 Ves. of a child in ventre sa mere may detain writings on its behalf. C. would be considered insufficient. 114. & B. for example. 708. May have a guardian assigned to it. 49. 1 Bl. 3 Ves. 3 Atk. Ab. 1. Parol evidence. 2 Bro. equity. 40. Infancy. 181. 389. inadequacy of price is not sufficient ground to avoid a contract. This term is applied to indicate the want of a sufficient consideration for a thing sold. 129. R. art. See Coop. C. See. R. Inadequacy of price is frequently connected with fraud. 329. 6 John. 440. INAUGURATION. From nature. as the rights of liberty. This word was applied by the Romans to the ceremony of dedicating some temple. 1 Ves. 446. C. 165. − 4. Bl. or receive something. Bac. C. It was afterwards applied to the installation (q. − 10. as. 2 Atk. B. or from both. − 3. & Rawle. C. In these cases it is clear the. C. so far as regards such child. 3 Cranch.the person entitled takes an actual or symbolical possession. 1 Yeates. after the augurs had been consulted. 36. Ch. Vide Stoppage in transitu. P. This word is applied to those things. 1 Bro. note. C. 383. 81. Legacies. Takes under a marriage settlement a provision made for children living at the death of the father. 49. from the law. R. May be appointed executor. 244. as a life annuity. R. 250. 10. 2 Vern. 130. or raising some man to the priesthood. A bill may be brought in its behalf. 184. 50. What cannot be received. it seems.or such a price as. But if an uncertain consideration. 283. Bac. 1 Lev. of "children.
Incompetency is material. a covenant which purports to be tripartite. 1. 446. labor. B. 2. 1. during such time. 28. Roll’s Ab. s. 1812. which means "it is begun. 2. or following another. for example. practice. Pa. The first takes place when a judge . Dane’s Ab. At common law. The commencement. In computing time. a man cannot at the same time be landlord and tenant of the same land. crim. Index. and in some of their laws. and no person holding any office under the United States. in general. the vice−president of tho United States cannot act as such when filling the office of president. Dig.. Vide article Exclusive." 3. 4. INCEST. t. it is applied particularly to individuals. It is punished by fine and imprisonment. Dane’s Ab. 68. Bro. 9. 3. commence to run till the incapacity has been removed. ratione personae. INCOMPATIBILITY. and by the same instrument. One who maliciously and wilfully sets another person’s house on fire. When a cause of action arises during the incapacity of a person having the right to sue. and the article Office. 343. & R. art. INCOME. Id. This word. Provisions rendering offices incompatible are to be found in most of the. or business. INCEPTION. 136. The carnal copulation of a man and a woman related to each other in any of the degrees within which marriage is prohibited by law. for example. 19. constitutions of the states. Dig. 5 Sm. making certain offices incompatible. 11. the incapacity ceases with the cause which produces it. Vide Consummation. 2. s. and no one is bound by it. p. 9. Dig. 219. and is executed by only two of the parties. which shall have been created or the emoluments whereof shall have been increased. In making a will. by the offender being cast into the fire. offices subordinate and interfering with each other have been considered incompatible. L. contain various provisions. is incomplete. law. The power of punishing for contempt is incident to a court of record. The gain which proceeds from property. 13. 372. INCOMPETENCY. French law. 3 Co. 26. Contracts are considered inchoate until they are executed by all the parties who ought to have executed them. 31 b. shall be a member of either house. or personal.. 9 Mass. appertaining to. This term is used to show that two or more things ought not to exist at the same time in the same person. n. t. be appointed to any civil office under the authority of the United States. who cannot make contracts or a will. 1. 6 Conn. trustee and cestui que trust of the same property. called the princinal. h. 3 Smith’s Laws of Pa. as ten days from a particular time. the writing is its inception. containing one−twelfth part of a foot. 1 Inst. Code. on signing judgment. the act of limitation does not. one day is generally to be included and one excluded. 2. 2. It has been holden that a devise of the income of land. t. their incapacity would be at an end. Comprehended in computation. 1. There are offices which are incompatible with each other by constitutional provision. In general. That which is not yet completed or finished. INCHOATE. or the married woman’s hushand die. 5. h. 12. under the laws of the respective states. it is directed that "no senator or representative shall. s. 6. 2. A measure of length. 2. Com. part 2 _17. the beginning.. 2. one guilty of the crime of arson. rent is incident to a reversion. INCIDENT. Ab. The civil law punished it with death. and the references there. h. with each other.. during the time for which he was elected. Vin. t. estovers of woods to a tenancy for a life or years. 277. 17 S.. Vide Locus paenitentiae. distress to rent. during his continuance in office. Penal Laws of China. 2 Halst. &c. t. 75. ratione materia. The state of a judge who cannot take cognizance of a dispute brought before him. h. Progression. Ab. _10. & R.. a man cannot be at once a judge and prothonotary or clerk of the same court. Sw. A thing depending upon. t. and the authorities there cited. Plowd. 1. Index. In Pennsylvania. the acts of the 12th of February. Vide Marriage. h. INCH. the income of the government is usually called revenue. 485. 100. n. If the idiot should obtain his senses. it implies a want of jurisdiction. n. for example. 48. From the Latin uncia. Vide Dane’s Ab. INCENDIARY.case of a married woman. 12. heir and devise of the same thing. This offence is punished by the statute laws of the different states according to their several provisions. and 6th of March. Vide 1 Smith’s Laws of Pennsylv. 142. offices. INCIPITUR. 309." signifies the commencement of the entry on the roll. 103. art . 1802.. h. INCLUSIVE. R. 4 Inst. 47. 3. 151. But two incapacities cannot be joined in order to come within the statute. 23. Const. is in effect the same as a devise of the land itself. 1 Ashm. rights. Noy’s Max. For example. Vide 4 S.
The right of a third person in the land in question to the diminution of the value of the land. When a party has a privilege which exempts him from the jurisdiction. 43. 13. but evidence is allowed to contradict this presumption. Hob. and. t. lib. 573. 3. or ought to. a third arises from the conviction of certain crimes. The second is. 13 Mass. 4 Bin. The distinction between them is this. Ab. the present incumbent. See 4 Mod. 3 Ham. dignities. Dig. 41. 6 Pick. 20. But at common law. civil law. The first ground is the want of understanding. and the like. 2 Bin. Courts. 288. there are ten kinds of incorporeal hereditamenta. 454. INCORPORATION. though consistent . title. 4 McCord. 8 Wheat. Rep. 289. The objections to the competency (q. 3 Bouv. by corporation is meant the body thus created. the fourth is on account of interest. bend the whole of his studies to his duties. is constantly observed on the part of judges. Traite des Choses. 79. 4. Hard. _1. in. Their existence is merely in idea and abstracted contemplation. Commons. The other’s have no necessary connexion with real estate. Co. 1 Pet. 1. INCORPOREAL. INCOMPETENCY. 376. 4 W. 593. interest forms the only ground for challenging a judge. 17 John. and the articles Competency. 6. law. take defence. particularly in the old books. Rents. a. INCORPOREAL PROPERTY. Not consisting of matter. According to Sir William Blackstone. C. R‚p. Ev. R. when the matter in dispute is within the jurisdiction of the judge. 87. are those which are not the object of sense. 449. Franchises. with corporation. lib. 6. What does not put an end to a thing. 4 Yeates. 92. It is a maxim in the common law. there. nor corodies. mot Incompet‚nce. in the common law. 3 Cowen. 2 Bl. 12 Conn. or infamy of character. see 14 Vin. Dig. 190. A clerk resident on his benefice with cure. 454. 5. Interest. 88. _862. it signifies one who is in the possession of an office. but which we can easily. 226. C. 9. de la Nat. R. 2. 446. R. the law presumes that he who possesses personal property is the owner of it. Wright. Wolff. as. INCORPORATION. A right issuing out of. Vide Corporation. R. Peck. or annexed unto a thing corporeal. Whatever is a lien upon an estate. _2. tithes. 10. 44. The slightest degree of pecuniary interest is considered as an insuperable objection. 133. It is not a ground of challenge that he has given his opinion before. 374. Com. Inst. INCONCLUSIVE. so that they never act when there could be the possibility of doubt whether they could be free from bias. unless they make their objection before they. Inconclusive presumptions are those which may be overcome by opposing proof. or ability in a witness to be heard as such on the trial of a cause. as rights. 5 Cranch. 3. Poth. though their effects and profits may be frequently the objects of our bodily senses. R. INCUMBRANCE. 109. 1. Witness. 4. C. 374. eccles.takes cognizance of a matter over which another judge has the sole jurisdiction. Pet. 4 Com. 12 Conn. he is so called because he does. and this cannot be cured by the appearance or agreement of the parties. Bac. (q. for example. _2. R. Poth. Corodies. in some cases. 2. 1. and are not hereditary. Rep. a second is defect of religious principles. Dignities. The greatest delicacy. R. Credibility. 4 Mass. Id. 2 Binn. with the exception of annuities. 5 Mass. 340. Vide Corporeal property. That which consists in legal right merely. 141. successions. 349. easements. 2. The union of one domain to another. INCUMBENT. 17 John. are no advowsons. Traite des Choses. 2. Dr. TO INCULPATE. of choses in actions. 699. Co Litt. The want of legal fitness. estates. Judge. R. Annuities. 2. 15. in which case they make the judge competent. 1 Penning R. 84. civil law. 3 Cowen. which cannot be seen or felt. Things incorporeal. See Peck. R. Merl. In common parlance. v. Tithes. 218. or. he may waive the privilege. But. 396. INCONTINENCE Impudicity. 3063. Comb.) 1 Phil. INCORPOREAL HEREDITAMENT.) of a witness are four−fold. 489. Litt. and even a distant degree of relationship has induced a judge to decline interfering. 724. R. the indulgence in unlawful carnal connexions. R. cannot be transferred. Advowsons. t. and do not descend. 466. namely. conceive in the understanding. l. and show who is the true owner. 6. 185. 9 a. 7. B. 3. Coxe. that by incorporation is understood the act by which a corporation is created. This term is frequently confounded. Offices. Rep. 725. Abr. evidence. as the term is. aliquis non debet esse judex in propriƒ causa. Ways. 88. in the United States. C. 1 Knapp’s Rep. 8. but the parties in the case are not. 1 Penn. 195. 4 Yeates. v. To accuse one of a crime or misdemeanor. Salk. actions. 484.
Com. a person were to enter and become surety for another. (q. 8. with us. or bathing in public. R. INDEBTEDNESS. C. 1 East. will be considered as incumbrances. when the public good requires it. within which it must take place. Rep. Pl. When a corporation is composed of an indefinite number of persons. _242. 5 Conn. If the payment was made by mistake. The issue of the first taker must be extinct. INDEFENSUS. 73. 5 Conn. This indecency is punishable by indictment. Law. 21. Inst. 302. One sued or impleaded. S. Vide 1 Chit. Bl. 3. 68. That which is undefined. 7 Halst. pleadings. That which is given to a person to prevent his suffering damage. 1849. A private right of way. 2 Chan. R. c. first a debt. 134. 3 Black Com. 497. executory devise. elder. 2 Comyn on Contr. 10 Ves. 2 N. This epithet is usually applied to an estate or right which cannot be defeated. 1 Mass. INDEMNITY. 2 Greenl. see Turn. 261. & Lef. 2 McCord. 1 H. Pl. Dig. 227. in general. or on which the defects arise. although in strictness some of them are rather estates than incumbrances. makes without making an appropriation. & Rawle. 68. 193. That which a debtor who owes several debts to a creditor. 477. 431. 3 Mer. 5 Greenl. 11 S. 65.with the passing of the fee by the deed of conveyance. 4 I. 4 Ves. either to pay then or at a future time. 313. and see 6 Ves. is an incumbrance. A number which may be increased or diminished at pleasure. jr. 154. Debtor. 1 Appl. See 1 Story. Com. The state. 497.. is to keep. Ev. whenever it may happen. INDEFEASIBLE. 620. see 3 Reeves’ Hist. 22 Pick. 6 Ves. 97. 2 Chit. n. and the issue of the issue ad infinitum. That species of action of assumpsit. Eq. 1 Sch. R. 22. 2 Serg. 589. Steph. 318. A general failure of issue. 1 Mass. Burn’s Just. 3. INDEFINITE PAYMENT. Ab. Cr. 139. 334. 109. Vide 1 Sid. 13 John. Sugd. 2 Greenl. R. 2. INDECENCY. and then a promise in consideration of the debt. INDEFINITE. 14 Vin. but. contracts. he does not thereby become a debtor to the opposite party until the rendition of the judgment on the award. See Definite number. 550. 99. INDEFINITE. 279. Law. an implied one only. and better title. s. a tenant who has been interrupted in the enjoyment of his lease may require an indemnity . See Creditor. & R. But in order to create an indebtedness. Yelv. In cases of sales of real estate. civil law. 5. 4 Bl. there must be an actual liability at the time. 3216. 4. Inst. 1. 94. INDEBITATUS ASSUMPSIT. 2 Serg. the vendor is required to disclose the incumbrances. 343. 2 Greenl. who enters into a rule of reference. without regard to the ability or inability of the party to pay the same. That which cannot be defeated or undone. 4 Co. The law. 482. C. and to deliver to the purchaser the instruments by which they were created. 89. Vend. Bouv. the civilians recovered it back by an action called condictio indebiti. 2 Hill. 470. 42. The following are examples of indecency: the exposure by a man of his naked person on a balcony. to public view. 15 Pick. 549 to 556. NUMBER. 2. C. 10 Conn. 421. 676. 352. 92 b. 2. If. A claim of dower. Or any outstanding. and the neglect of this will be considered as a fraud. or the exhibition of bawdy pictures. Debt. any number of them consisting of a majority of those present may do any act unless it be otherwise regulated by the charter or by−laws. Verm. down the interest on incumbrances. for example. generally. 566. P. or certain or definite period. 8 Pick. An act against good behaviour and a just delicacy. 91. 1 Keb. 683. who refuses or has nothing to answer. Lewdness. without regard to the time or any particular event. a public highway over the land. 1 Russ. s. that the defendant. v. 4 A 10. 4. 1 Hawk. 551. 6. & Rawle. remedies. or the remainder−man. Vide Pactum Constituae Pecuniae. of being in debt. will repress indecency as being contrary to good morals. The promise so laid is. 105. 22 Pick. 96. he promised the plaintiff to pay him. Cas. without fixing a time. H. jr. Chancery. 70. Whether the tenant for life. 174. 9 Watts. n. 7 Serg. 1. Sometimes it signifies diminution.) in that case the creditor has a right to make such appropriation. 94. 15 Verm. 110. INDEFINITE FAILURE OF ISSUE. 458. 91. 4 Halst. 3. 2 Yerg. c. 2 Mass. 630. the mere indecency of disclosures does not suffice to exclude them from being given in evidence. 3 Bouv. For the history of this form of action. Rep. R. such money may be recovered by an action of assumpsit. 447. 162. as. 1 Ves. INDEBITI SOLUTIO. Cr. Com. in which the plaintiff alleges in his declaration. n. 24. 5 Greenl. 346. generally. 168. 22. 4 Mass. & R. P. The payment to one of what is not due to him. Ab. uncertain. 15 Pick. See. Alien by judgment or mortgage. 2 Campb. being indebted. Yelv. 2.
Independence may be divided into political and natural independence. but not independent of the whole world. 193. to out parchment or paper without indenting it.from the lessor. Litt. 8 Ala. 506. INDENTURE. 229 a. Cruise. Leases. But when the agreement with an officer was not to induce him to neglect his duty. In New York they are considered as citizens and not as aliens. 1. In general. side. Inst. they cannot vote at the general elections for officers. The aborigines of this country are so called. Com. 294. but to test a legal right. n. 546. is deemed politically a state. 1. it was held to be good. passed on the nineteenth day of April. the United States are free and independent of all earthly power. 222. in the sense of the constitution. 370. art. compensate a public officer for doing an act which is forbidden by law. Dig. A separate and distinct community or body of the aboriginal Indian race of men found in the United States. conveyancing. use. But it was ruled that the Cherokee nation in Georgia was a distinct community. It is rather a domestic dependent nation. 189. s. nor hold office. S. Fait. c. n. U. a distinct political society. 143 b. 188. under the national government. 32. One in which the mutual acts or promises have no relation to each other. An instrument of writing containing a conveyance or contract between two or more persons. this being mere form. 308 to 318. Civil Code of Lo. 2. 4 How. 2. See Code Civil. that is. Indians have no political rights in the United States. Vide on of Independence. which constitution and state government. 2. Besides. in the present year. by a convention called for that purpose. 1816. so formed. on the top or. usually indented or cut unevenly. 2. 673. By the former is to be understood that we have contracted no tie except those which flow from the three great natural rights of safety. on the twenty−ninth day of June. INDIAN TRIBE. and exercising the powers of government and. INDIANA. See Damnification. in such a manner as to leave one−half of the word on one part. or in and out. as to indemnify him for not executing an execution. are absolutely void. C. through which the parchment was cut. 3. and it was then usual to write both on the same parchment. 24. a reduction of his rent. in pursuance of an act of congress. 1 McLean. art. R. Com. Such a tribe may properly be deemed in a state of pupilage and its relation to the United States resembles that of a ward to a guardian. but it is not deemed a foreign state. either in a straight or indented line. 181. capable of self−government. Co." the people of the said territory did. INDETERMINATE. Com. 1 Bouv. 2. Litt. E 2. 9 Wheat. if I sell you one hundred bushels of wheat. either as equivalents or considerations. Cas. 3 Kent. 14 John. 1 Sess. when private property is required for public. 633. 20 John. INDIANS. Formerly it was common to make two instruments exactly alike. indemnity shall be given by the public to the owner. 20 John. That which is uncertain or not particularly designated. it may be supplied by being done in court. 699. INDEPENDENT CONTRACT. 2 Bl. 6 Hill. it would be exceedingly difficult with even the most perfect instruments. sec. as. "This indenture. &c." which were not formerly sufficient. Dig t. 16. 254. and half on the other. form for themselves a constitution and state government. INDEPENDENCE. without stating what wheat. Contracts made for the purpose of indemnifying a person for doing an act for which he could be indicted. 17. entitled "An act to enable the people of the Indiana territory to from a constitution and state government. and for the admission of that state into the Union. It is a rule established in all just governments that. is republican. but now. 545. This state was admitted into the Union by virtue of the "Resolution for admitting the state of Indiana into the Union. 950. R. 780. or an agreement to. 1 Bouv. that is. The latter consists in the power of being able to enjoy a permanent well−being. In that sense a nation may be independent with regard to most people. Ab. _1096. unless the parchment or paper was actually indented to make an indenture 5 Co. The name of one of the new states of the United States. 515. n. whatever may be the disposition of those from whom we call ourselves independent. and in conformity with the principles of the articles of compact between the original states and the people and states in . or omitting to do one which the law commands. with some words or letters written between them. 20. 332 18 John. Vide Bac. in the following words: Whereas. R. if the form of indenting the parchment be wanting. one thousand eight hundred and sixteen. situated within the boundaries of a state. Inst. 48. This is the case in the United States. The instrument usually commences with these words. 1762. Story on Const. 6 Pet. sovereignty. 567. Such a tribe. See 8 Cowen." approved December 11. 1 Bouv. A state of perfect irresponsibility to any superior. 5 Pet. and note d. liberty and property. owing allegiance to the government and entitled to its protection. Inst.
The legislative authority of the state is vested in a general assembly. to debate and vote on all subjects. Representatives are elected for the term of two years from the day next after their general election. by virtue of his office. . Whenever the government shall be administered by the lieutenant−governor. − 2. 3. or he shall be unable to attend as president of the senate. and is hereby declared to be one of the United States of America. IV. he may convene the general assembly at any other place. Have been for two years next preceding his election an inhabitant of this state. He is commander−in−chief of the army and navy of the state. The first constitution of the state was adopted in the −year eighteen hundred and sixteen. or in the office of judge of any court. Have attained the age of twenty−one year’s. The official term of the governor shall commence on the second Monday of January. death. Art. a vacancy shall happen in any office. Art. He shall. And. Be a citizen of the United States. Have resided. The senate is composed of a number of persons who shall not exceed fifty. this power is exercised by the lieutenant−governor. 6. Should the seat of government become dangerous. 7. and to require information from executive officers. The powers of the government are divided into three distinct departments. 4. the last twelve months of which must have been in the county or district in which he may be elected. That the state of Indiana shall be one. and may call out such forces. 3. The lieutenant−governor shall be chosen at every election for a governor. s. except treason and cases of impeachments. by joint vote. Art. have a right. resignation. to one. In case of the removal of the governor from office. the governor shall fill such vacancy by appointment. passed on the thirteenth day of July.the territory north−west of the river Ohio. Have attained the age of twenty−five years. be president of the senate. and is not eligible more than four years in any period of eight years. or when at any time a vacancy shall have happened in any other state office. or to repel invasion. 2. 3. to give the casting vote. in the same manner. one thousand seven hundred and eighty−seven. Art. when not in the service of the United States. and one−half as nearly as possible shall be elected every two years. He shall hold his office during four years. and for one year next proceding his election. during a recess of the general assembly. the senate shall elect one of their own members as president for that occasion. In voting for governor and lieutenant−governor. but. those which are executive. 8. 9. 10. 1. 3. to execute the laws. continue in office for the same time. 6. And they shall be chosen by the respective electors of the counties. and admitted into the Union on an equal footing with the original states. the general assembly shall. both elected by the people. Resolved. 5. Art. He is also invsted with the veto power. in the year one thousand eight hundred and fifty−three. Art. the appointment of which is vested in the general assembly. and has since been superseded by the present constitution. when in committee of the whole. and possess the same qualifications. Art. IV. To be qualified for a representative. which was adopted in the year eighteen hundred and fifty−one. to another. which shall expire when a successor shall have been elected and qualifled. an inhabiant of the county or district whence he may be chosen. IV. Have resided in the state five years next preceding his election. from disease or at common enemy. Be at least thirty years of age. in case to or more persons shall have an equal and the highest number of votes for the office. to suppress insurrection. 2. of the United States. grant reprieves and pardons. The person having the highest number of votes for governor shall be elected. s. 2. The number shall be fixed by law. His requisite quali− fications are. 2. forthwith proceed to elect one of the said persons governor. V. the electors shall distinguish whom they vote for as governor. 4. Be a Citizen. two years in this state. 3. in all respects whatever. − 1. The exeutive power of this state is vested in a governor. 3. He shall have the power to remit fines and forfeitures. s. and when the senate are equally divided. the lieutenant−governor shall exercise all the powers and authority appertaining to the office of governor. and each of them is confided to a separate body of magistracy. A senator shall 1. including the administrative. and whom as lieutenant−governor. a person must. . − 1st. or inability to discharge the duties of the office. which consists of a senate and house of representatives. And the general assembly shall. 1. s. or this state. Not hold any office under the United States. Have been a citizen of the United States for five years. Art. 2. next preceding his election. under certain circumstances. V. 2. It shall never exceed one hundred members. Art. that he shall. − 2. and on the same day every fourth year thereafter. 7. Senators shall be elected for the term of four years. III. When. − 2d. by law. The number of representatives is to be fixed by law. to wit: those which are legislative. IV. 2. The governor is elected at the time and place of choosing members of the general assembly. IV. He shall take care that the laws be faithfully executed. and those which are judicial to a third. 5. s.
− _10. civil law. 4 Bouv. in appeals and writs of error. du Droit Criminal. quaest. who shall hold his office for two years. Inst. and such officer shall act accordingly. 20. the possession of goods recently stolen. Dict. Dall. Morin. marks. − _3. − _4. from time to time. The general assembly may provide by law. and their powers and duties shall be prescribed by law. 1. and in case of temporary inability of any judge. The judicial power of the state is vested by article VII of the Constitution as follows: _1. by which it can be distinguished from all others of the same description. until the disability be removed. 19. 15. or inability. They shall have such civil and criminal jurisdiction as may be prescribed by law. and shall. &c. One of said judges shall be elected from each district. of each question arising in the record of such case. 13. 3. See Best on Pres. shall also have such original jurisdiction as the general assembly may confer. but said judges shall be elected by the electors of the state at large. if they shall so long behave well. unless they voluntarily submit their matters of difference. not that it has been.provide for the case of removal from office. mot Indices. or the powers and duties of the same may be conferred on other courts of justice. lib. de Prob. Dict. and which may turn out not to be true. A competent number of justices of the peace shall be elected by the qualified electors in each township in the several counties. and the decision of the court thereon. 13. which shall have jurisdiction co−extensive with the limits of the state. Effects are known by their causes. Mascardus. 15. Compet‚nce Criminelle. under such regulations and restrictions as may be prescribed by law. being a voter. they only show that a thing may be. There shall be elected in each judicial circuit by the voters thereof. "circumstantial evidence. There shall be elected by the voters of the state. 92. provision shall be made by law for holding such courts. − _9. INDICIA. both of the governor and lieutenant− governor. though they have the appearance of truth. The state shall. This term is very nearly synonymous with the common law phrase. the circuit and other inferior courts. to hold the courts in his circuit. − _5. as. are attributed. or earmarks. which shall not be diminished during their continuance in office. who shall hold his office four years. and such districts shall be formed of contiguous territory. shall receive for his services the same compensation as the speaker of the house of representatives. The lieutenant−governor shall not be eligible to any other office during the term for which he shall have been elected. a prosecuting attorney. 14. and whose duties shall be prescribed by law. All judicial officers shall be conservators of the peace in their respective jurisdiction. death. a clerk of the supreme court. shall be entitled to admission to practice law in all courts of justice. − _8. However numerous indicia may be. declaring what office r shall then act as governor. The lieutenant−governor. and agree to abide the judgment of such tribunal or court. The circuit courts shall each consist of one judge. or a governor be elected. 3556. Chambre du Conseil. − _6. sudden change in circumstances or conduct. The supreme court shall consist of not less than three nor more than five judges. can have effect only when a connexion is essentially necessary with the principal. and in such other inferior courts as the general assembly may direct and establish. − _7. vicinity to the scene of the crime. but only when the effects can arise only from the causes to which they. And upon the decision of every case. The judges of the supreme court. as without dividing a county the same can be made. shall have no power to render judgment to be obligatory on the parties. Tribunals of conciliation may be established with such powers and duties as shall be prescribed by law. rather than the inference itself. the chattel must possess indicia. When several causes may . An indicium. but merely probable. shall give a statement. that the judge of one circuit may hold the court of another circuit in case of necessity or convenience. shall hold their offices during the term of six years. Signs. 18. which result from circumstances not absolutely necessary and certain. Denisart. at stated times. n. mots Accusation. receive for their services a compensation." It was used to designate the facts giving rise to the indirect inference. be divided into judicial circuits. and reside therein. 21. 16. Indicia may be defined to be conjectures. but such tribunals or other courts when sitting as such. note f. and shall continue in office four years. 12. The judicial power of this state shall be vested in a supreme court. Example: in replevin. The state shall be divided into as many districts as there ate judges of the supreme court. while he acts as president of the senate. − _2. 2. − _11. in circuit courts. a majority of whom form a quorum. Every person of good moral character. − 3. from sickness or other cause. 17. in writing. for example. as nearly equal in population. 415. 11. resignation.
See Circumstances. c. 2. Oeuvres. so as to identify the accusation. B. 126. next. but although it is necessary that a day certain should be laid in the indictment. practice. 1 P. That the indictment be found a true bill. 4 Bl. That it be framed with sufficient certainty. 14. and then translated. It began at the dismission of the Nicene council. 357. Hale. at common law should always be laid in the county where the offence has been committed. 181. 1. 5th. It was used in dating at Rome and in England. the second. 3d. Index. Mis. 781. Rey. 3d. the third. 8 C. There is danger in such cases. 496. R. they may forget their true relation to the accused. See D’Aguesseau. or point out. 183. the prosecutor may give evidence of an offence committed on any other day previous to the finding of the. by a grand jury legally convoked. Misnomer. s. 194. 167. be necessarily introduced. of the offence stated therein. Pr.. The sixteenth year was the first year of the second indiction. Bro. 202. & R. yet. when they must be necessarily mentioned in the indictment. 71. 9 Yerg. and signed by the foreman of the grand jury. A combination of circumstances sometimes conspire against an innocent person. 286. 2 Hale. B." 2d. But if any document in a foreign language. c. as a libel. des Inst. See 17 Wend. that a jury may be misled. Cowp. R. To render an indictment valid. h. 175. 2 Dev. inconsistent. That the indictment be presented to some court having jurisdiction. The name and addition of the defendant. indictment. therefore. INDICTION. although the charge is in its nature transitory. t. B. 360. 5th. computation of time. Com. 2 Hale." Hawk. 773. Ab. t. 2 Hale. 1 Pike. This is done by stating the substantial circumstances necessary to show the nature of the crime and. A. of which the defendant is accused. As to the substantial circumstances. c. the day must be precisely stated. 2 Str. should be stated with certainty to a common intent. 4 Dana. 97. Com. t. The names of third persons. their minds prejudiced. the thirty−first year was the first ar of the third indiction. 1 Chit. should be set forth. 85. 5 Serg. 25. 168. INDICTMENT. The time when the offence was committed. 1226. as in perjury. 347. showing its application. Dig. their indignation unduly excited. 567. 312. 4th. Com. to show. Its object is to indicate the offence charged against the accused. as a battery. in some cases. The whole of the facts of the case necessary to make it appear judicially to the court that the indictors have gone upon sufficient premises. practice. R. and a statement of the facts by which it is constituted. Under impressions thus produced. 682. tit. the names of third persons cannot be ascertained. and. 660. or absurd. 1 Hawks. B. l’Angl. Indictment. law. unreasonable to attribute it to any one of such causes. is said to be derived from the old French word inditer. 6 T. This word. 1 Binn. Time. should in general be stated to be on a specific year and day. Hawk. L. An indiction contained a space of fifteen years. 25. so as sufficiently to inform the defendant who are his accusers. 328. See Unknown. 6th. D. In some offences. h. G 3. Dig. & P. When. 25. 407. to state " a certain person or persons to the jurors aforesaid unknown. t. 1 Ch. C. Pl. 2. 1 Chit. like mute witnesses. 243. &c. it is sufficient. C. The offence should be properly described. Secondly. the formal allegations and terms of art required by law. Bac. G 1. A. presented to. till fifteen years afterwards. 299. which must be in the present tense. "the grand inquest of the commonwealth of ______ inquiring for the city and county aforesaid. 3. 2 Leach. & Rawle. When a man is accused by a bill of indictment preferred by a grand jury. h. depose against him. and preferred upon oath or affirmation. "City and county of _____ to wit. 398 4 Serg. 460. 2 Wash. R. 475. however. & Rawle. Bac. upon their oaths and affirmations present. Vide 11 Serg. Law. P. but there should be no unnecessary matter or any thing which on its face makes the indictment repugnant. 1st. INDICTED. 177. R. vol. Yeates. 6 S. G 2. & Rawle. 167. 4. 2. The venue. 171. for this purpose the charge must contain a certain description of the crime or misdemeanor. The venue is stated in the margin thus. h. p. Cr. 35. 224. C. &c. 369. Litt. 3 Binn. That it appear to have been found by the grand jury of the proper county or district. R. crim. Com. Cr.have produced one and the same effect. 2 East. 2. 1 Chit. it is. All indictments ought to charge a . xiii. as to the venue. A. it should be set out in the original tongue. Plowd. which. The first year was reckoned the first of the first indiction. C. 651. 4th. & N. in general. Ab. formal requisites are. 316. there are certain essential and formal requisites. 2. 533. Ab. 57.. he is said to be indicted. indictment. The essential requisites are. Dyer. 1st. or their zeal seduced. it is cured by the plea of the defendant. 2d. s. R. s. but in case an error has been made in this respect. 2 Hale. Hawk. 152. 4 Bl." See. The presentment. which signifies to indicate. and condemn a man whom they would have acquitted had they required that proof and certainty which the law demands. tome 2. The indictment must be in the English language. 5 How. 301. Rep. Co. A written accusation of one or more persons of a crime or misdemeanor. 201. 3. 162. 4 Cranch. p. and is usually expressed by the following formula. 217.
Law. 2. (q. The person in whose favor an indorsement is made. erected a nuisance. 11. the contract is void in toto. INDIFFERENT. When an indictment may be amended.. INDIRECT EVIDENCE. and conclude against the peace and dignity of the same. 2 Str. &c. 60. There are certain terms of art used.) when the bill becomes due. or otherwise infamous crime.) in mayhem. Arch. c. Id. Com. Ab. and the keeper of a common bawdy house. that no other terms. if the bill or note have been indorsed over to him before it became due. He who causes another to be indicted. That proof which does not prove the fact in question. Law. 694. Arch. v. Cr. and the authorities there cited. and not with being an offender in general: to this rule there are some exceptions. Cr. on Cr. t. an assignment on a promissory note. (q. 3. When a consideration is entire and indivisible. Id. n. as indictments against a common barrator. The conclusion of the indictment should conform to the provision of the constitution of the state on the subject. 117. Cr. 1. 592. See 1 Bouv. 11 Verm.) TO INDORSE. that it should be indorsed by a justice of the county where it is to be executed: this indorsement is called backing. h. Nels. as in Pennsylvania. 1 Chit. 5. Law. t. ought to be indifferent. maim. 168 to 304. Pl. B.) in burglary. Cr. for example. or quashed.) INDORSEMENT. joinder of several offences in the same indictment. and part of it is illegal. & S. such persons may be indicted by these general words. and give notice in case of non−acceptance or non−payment. generally. t. Amendm. INDORSEE. or a promissory note payable to order. part 1. a receipt or acquittance on a bond. 236. he ought to make a legal demand. so as to leave it uncertain on what it is intended to rely as an accusation. or paid in part.. burglariously. v. Pl. Cr.. Entire. that the defendant erected or caused to be. 59. they may be challenged. which is to be executed in another county. (q. In its most general acceptation. that " all prosecutions shall be carried on in the name and by the authority of the commonwealth of Pennsylvania. and. V. is or is not indivisible. Pl. 42. vide 1 Chit. where there is such provision. 2. Cr. See 13 Mass. Cr. vide 1 Chit. 2. . but proves another. That which cannot be separated. 7 Pick. art. and a witness. h. (q. Cr. That which two or more persons hold in common without partition. law. Ab. INDICTOR. INDORSEMENT. Pl. crin. he may be entitled to greater rights than the payee and indorser would have had. undivided. It is important to ascertain when a consideration or a contract. Dig. Pl. Vide. It will be convenient to consider. 230. 2 W. v. and. To have no bias nor partiality. writing one’s name on the back of a writ. no person shall be held to answer for a capital. as. or in the militia. when in actual service in time of war. the contract is void only pro tanto. Bills of exchange and promissory notes are indorsed by the party writing his name on the back. h. see Id. Law. The form of an indorsement." As to the necessity and propriety of having several counts in an indictment. passim. − To ascertain whether a contract is divisible or indivisible. are capable of filling the same office: such. 1. v. as none of the parties can make a set−off. 229. h. or public danger. an indorsement. h. 396. Arch. as in Pennsylvania. 900. 1 to 336. The offence must not be stated in the disjunctive. (q. as to. v. Its effect. Cr. Ab. If he continues to be the holder (q. as. See 9 Conn. 1 Chit. Arch. Bac. in part. Inst. When a warrant for the arrest of a person charged with a crime has been issued by a justice of the peace of one county. 66. 1. contracts. h. INDIVISUM.) in treason. INDIVISIBLE.. 2... Chitty on Bills. 248. t. feloniously. it is what is written on the back of an instrument of writing. and articles Divisible. is to indorse such writ. 1 Chit. and which has relation to it. 2. (q. which provides. practice. 7th. 5.Stark. Russ. v.man with a particular offence. id to ascertain whether it may or may not be enforced. h. t. a common scold. Cr. He is entitled to all the rights of the indorser.: Vin. Cr. Stark. Const. Writing one’s name on the back of a bill of exchange. 235. without the consent of the other party. art. Pl. is what is usually called.. To write on the back. 298 Stark. 1 to 68. or inquire into the consideration of the bill which he then holds. When the consideration is divisible. and it is against law. Cr. so appropriated by the law to express the precise idea which it entertains of the offence. for example. Burn’s Just. however synonymous they may seem. 297 . unless on a presentment or indictment of a grand jury. t. v. s. it is necessary in some states. Law. By the Constitution of the United States. Index. The latter is sometimes called the indictee. 255. contracts. 831. as traitorously. the certainty of which may lead to the discovery of the truth of the one sought. 286. an arbitrator. except in cases arising in the land or naval forces.) in felony. A juror. 7 Conn. Dane’s Ab. had he retained it till it became due. p. t. 253. several defendants may in some cases be joined in the same indictment. and when they are not so.
not being inducement but surplusage. R. and the payee indorses it over to a third person. The person who makes an indorsement. &c. & Rawle. mostly. Chitty on Bills. Rawle. E 2. 14. Inst. in an action for a nuisance to property in the possession of the plaintiff. Index. 637. 58. 3. it operates as an assignment. 7. 179. − 1. 90. 13 Serg. A blank indorsement is made by writing the name of the indorser on the back. The indorser may also make his indorsement conditional. on a subsequent indorsee. on Bills. − 3. Ab. Indorsement. & Rawle. nevertheless. as between them. Chit. 66. are synonymous terms. is in the nature of a preamble to an act of assembly. But the indorser may make his indorsement conditional. As an assignment. t. 405. 7 Taunt. first−responsible. if the condition be performed. as by indorsing it "payable to J. Being thus fully invested with all the rights in the bill. Ab. 15. when an indorsement has been made in blank any after attempt to restrain the negotiability of the bill will be unavailing. An indorsment is sometimes an original engagement. in default of payment. 2. 115. R. Dig. Pleas. mot Endossement Pard. &c. upon condition that the holder will use due diligence in making a demand of payment from the acceptor. if the latter shall make a legal demand from the payer. 325. To make an indorser liable on his indorsement. 180. P. the instrument must be commercial paper. or qualified. Vin. the words commonly used are.. Abr.. 1 Bl. it conveys all these rights without any set−off. 8 Wend. 252. S. Between the indorser and future parties to the bill. 7 Verm.will not. R. 5 Harr. first in point of time is generally. and in blank. so that he shall not be responsible on non−payment by the payer. and indorses it. 3 Watts & Serg. R. 3. or in blank. But see Treval v. 3 Dana. 407. 13 Serg. 1 Chit. 5 Munf. Between the indorser and the acceptor. Cumberland Valley R. Hopkins v. R. 4 Verm. 160. Pl.−2. − 2. 4. only. For instance. 5 Whart.3. or byway of introduction to the mention of the nuisance.180. for the indorsement of a bond or single bill. 13 Serg. 170. Bouv. the circumstance of his being possessed of the property should be stated as inducement. R. the same as that does to the purview or providing clause of the act. 1. it will be invalid. 11. Pl. when a man draws a bill payable to his own order. and leads to the Principal subject of the declaration or plea. An indorsement is in full. 20 Id. 30. as between the antecedent parties. . A restrictive indorsement may restrain the negotiability of a bill. as when the bill is perfect. & Rawle. Inducement or conveyance. In full. 12 Mass. in the first place. 344−357. contracts. but which is necessary to explain and elucidate it. and give notice of non−acceptance or non−payment. Com. 179. 292. As between the indorser and the indorsee. without recourse. 2 Dana. 67. the. or other negotiable paper. on Parties 104. or he may make it qualified. Vide Chitty on Bills. The indorser of a bill of exchange. 8. and if the condition be not performed. as the others were to him. the indorsee may himself indorse it to another when he becomes responsible to all future patties as an indorser. such matter as is not introductory to or necessary to elucidate the substance or gist of the declaration or plea. Dougl. but is made without responsibility to the indorser. When there are several indorsers. 356. 4 Taunt. with a guaranty of the solvency of the debtor. 5. And. 12. Merl. which will operate as a transfer of the bill. The indorser becomes responsible by that act to all persons who may afterwards become party to the bill. 6. however. Fait. ch. by his indorsement undertakes to be responsible to the holder for the amount of the bill or note. a writing or assignment on the face of the note or bill would. 4. 13 Serg. Lawes. Bac. give proper notice thereof to the indorser. and. 410. when the name of the indorsee is not mentioned. h. Ham. when mention is made of the name of the indorsee. This guaranty is. &c. which. Droit Com. Pl. the indorsement has the effect of giving to the former all the rights which the indorser had against the acceptor. 3 Kent. Rep. and it is unnecessary that the acceptor or other party should signify his consent or knowledge of the indorsement. Steph. R‚pert. Indorsements may also be restrictive conditional. 2. 311.as. 311. INDORSER. 845. 14 Vin. 225.N. 257. however. and all other parties liable on the bill. C. &c. − 1. Co. it carries with it all the rights which the indorsee had. by using express words to that effect. Com. A qualified indorsement is one which passes the property in the bill to the indorsee. Chitty on Bills. but not always. 16 East. I 2. be considered to have the force and effect of an indorsement. 295. & John. Fitch. 311. INDUCEMENT. there may be circumstances which may cast the responsibility. The effects of a regular indorsement may be considered. sans recours. 3 Mass. 1 E. 600. pleading. create a responsibility. 4. Rep. and if made before the bill is paid. per se. nor is collaterally applicable to it. 315. The statement of matter which is introductory to the principal subject of the declaration or plea." or by using other words clearly demonstrating his intention to do so. As between the indorsee and the acceptor.
4. (q.) 2 Smed. the actual possession of its temporalties. INFAMY. Joy on Conf. Litt. 3 Meriv. Rom _79. 154. 209. INEVITABLE ACCIDENT. Bell’s Scotch Law Dict. 3. Vide Eligibility. Scotch law. T. are treason. 16. and the authorities there cited. 2. 144. 6. Fort. That state which is produced by the conviction of crime and the loss of honor. 1 Sid. INDUTLGENCE. felony. part 2. liberty or property. contracts. Co. the law considers his oath to be of no weight. 2. The crimes which render a person incompetent. piracy 2 Roll. 272. But mere inaction by the creditor. Parerg. 2 Bulst. 4th. The want of age. law. and the bribing a witness to absent himself from a trial. eccles. and not by virtue of an arbitrary decision of the censors. When a person is charged with a crime. 5 Mod. 1 Phill. & Marsh. Among the Romans was of a general rule. while the latter may be admitted. 4. evidence. 716. P. INELIGIBILITY. Fort. − 1. 572. 2. nearly synonymous with fortuitous. if he do not deprive himself of the right to sue the principal. When such confessions are made in consequence of promises or threats by a person in authority. ss. In England a distinction has been made between temporal and spiritual inducements. 3d. 2 Stark. 369. p. 6. barratry. The giving a clerk. 4. 3. 886. in order to get rid of his evidence. such surety is discharged. causes. The effect of infamy. But it has been held that a conviction of an infamous crime in another country. − 2. Err. Raym. and the day of appearance. because the creditor has put it out of his power to enforce immediate payment. & App. 572. 2d. The non−payment of the taxes required by law. 2. INDUCTION. Fort. which renders the infamous person incompetent as a witness. or another of the United States. note 1. 2 Bulst. p. INFAMIS. crim. they cannot be received in evidence. 291. does not in general discharge the surety. It is a general rule that where a creditor gives . as perjury and forgery. 183. by which the surety is or may be damnified. The days between the test and the return day of the writ. INDUCLAE LEGALES. 208. 154. A favor granted. v. − 2. by entering into a binding contract with a principal debtor. 1st. 6 Dow. D. he is sometimes induced to make confessions by the flattery of hope. N. Stark. h. 256. Among perpetual inabilities may be reckoned. Though this doctrine appears to be at variance with the opinions entertained by foreign jurists. part 4. Dr. The holding of an office declared by law to be incompatible with the one sought. 23. Consideration. 1. 2 Salk. Vide Cause. 690. Ev.) 2 Sm.which the obligor is to receive is the inducement to making them. Ab. Incompatibility. in the nature of livery of seisin.indulgence. The moving cause of an action. L. 515. be elected to another. C. Leach. 299. law. & Marsh. 2. lost his political rights. 2. Of citizens born in a foreign country to be elected president of the United States. 74. does not render the witness incompetent on the ground of infamy. What crimes or punishment incapacitate a witness. and a person may be incapable of being elected to one office who may. When a man is convicted of an offence which is inconsistent with the common principles of honesty and humanity. C. See Forbearance. 238. Ayl. P. It is the crime and not the punisshment which renders the offender unworthy of belief. notion of the crimen falsi of the Roman law. It is to be considered. 3. 3. Story. Bull. Among the temporary inabilities may be mentioned. In the common law commonly called the ad of God. or being over the age required. but preserved his civil rights. How the objection answered. when the surety would have a right to require him to do so. 1 and 4. . − 1. 25. Confl. 1 Phil. Id. (q. and see Giving Time. This incapacity arises from various. 496. A term used in the civil law. the benefit. v. 17 Mass. The days between the citation of the defendant. The want of certain property qualifications required by the constitution. The incapacity to be lawfully elected. who maintain that the state or condition of a person in the place of his domicil accompanies him everywhere. In contracts. Ab. Ev. or the torture of fear. 3. Oblig. Foelix. The inability of women to be elected to a public office. Gilb. 1. Sav. all offences founded in fraud. _620. Bac. In order to incapacitate the party. the judgment must be proved as pronounced by a court possessing competent jurisdiction. evidence. How the guilt is to be proved. instituted to a benefice. 51. Litt. confessions made under the former are not receivable in evidence. the incapacity may also be perpetual or temporary. 209. event. cheating.INDUCEMENT. E. and which come within the general. swindling. and excludes his testimony as of too doubtful and suspicious a nature to be admitted in a court of justice to deprive another of life. t. Co.
. Enfant. because. 6. 1 Nott & M’Cord. Merl. 335. Priv‚. 31. b. − 3. 2. Litt. a person were born at any hour of the first day of January. the last day having commenced. Stark. 2. and no one can take advantage of it but himself. sect. and that a metropolitan clock ought to be received with "implicit acquiescence. See Parties to contracts. 913. 1 Lev. does not preclude the party from making an affidavit with a view to his own defence. he cannot avoid contracts for necessaries. 226. 197. because these are for his benefit. Ev. Coventry gives it as his opinion that she was born on the fourth. The state or condition of a person under tho age of twenty−one years. One under the age of twenty−one years. 2 Salk. on Conv. 423. 150. Selw. Contracts made with him. Dr. or of full age. Ab. although nearly forty−eight hours before he had actually attained the full age of twenty−one years. Savig. they would undoubtedly have had no effect in ascertaining the age of the child. 193. 2 Brev. 6. a woman is therefore an infant until she has attained her age of twenty−one years. which must be proved by the production of the record. Or. et des Gens. is a party. because the house clock does not regulate anything but domestic affairs. Savig. 8 T.. 3 Pick. A curious case occurred in England of a young lady who was born after the house clock had struck. (even a few minutes before twelve o’clock of the night of that day. 182−3. Rom. 3 Burr. 833. Bac. 723. 1 Keb. and the parochial and metropolitan clocks should both have been wrong. If. But to this general rule there is an exception. with the consent of his parent or guardian to put himself apprentice. 5. hours and minutes. and may act as executor at the age of seventeen years. When the witness becomes incompetent from infamy of character. 1 Sid. 1 Bl. 1 Lilly’s. 162. which do not touch his interest. 1810. previous to his conviction. 45. 1 Sid. Raym. See Pardon. But he is reputed to be twenty−one years old. And. part 4. c. 589. unless to supply him for necessaries. even for perjury. 5 Binn. Contr. Ab. the party must be of full age. 1794. The sex makes no difference. Dr. Vide Infant. it is considered as ended. Before arriving at full infant may do many acts. _6. 351. Reg. 1148. 2 Salk. may. evidence may be given of his handwriting. − 4. n. 171. note 13. Litt.151. Ev. but take effect from an authority which he has been trusted to execute. Dr. at twelve may consent or disagree to marriage. or to enlist in the service of the United States. By proof of pardon. 464.) he would be of full age at the first instant of the thirty−first of December. Co.Trait‚ De Droit Intern. _5. 3 Rawle’s R. 1 Sid. And all the acts of an infant. Mr. at common law. 129. if the fact were otherwise. The privilege of avoiding a contract on account of infancy. by Chitty. Chit. according to the civil computation of time. as. 492.. The judgment for an infamous crime. Litt. 6. 461 2 Str. an infant is not bound by his contracts. while the parish clock was striking. INFANCY. for otherwise he would be without a remedy. 461 2 Str. Wolff. and may consent to marry. Co. to act as an executor. 1 Southard’s R. note c. In general. and at that age he may disagree to and annul a marriage he may before that time have contracted he may then choose a guardian and. Dig. the first instant of the last day of the twenty−first year next before the anniversary of his birth. 57. C. See Necessaries. 3. Id. A. 258. 9 Vin. _182. INFANT. A male at fourteen is of discretion. it will be good and bind him. 391. &c. 1. and before St. is strictly personal to the infant. R. He may. 84. N. 1148. days. 438." Cov. may be enforced or avoided by him on his coming of age. _148. and he cannot be heard upon oath as complainant. 1805. the effect is the same as if he were dead and if he has attested any instrument as a witness. because there is. for example. __ 383. But the rule is confined to defence. 31. 2. are binding. 905. 2 Str. Sed vide 6 Cranch. Com. and. 1 Salk. Considerable changes of the common law have probably taken place in many of the states. In Pennsylvania. p. 1 Com. 343. part. 487. 1 Keb. Eq. By infamy is also understood the expressed opinion of men generally as to the vices of another. mot Loi. 7. Voidable. because. unless he is empowered to enter into a contract. Co. 463. and it is such as he would be compellable by law to perform. by some legislative provision. Rom. for instance. 168. It is conceived that this can only be prima facie. 171. 172 a. which differs from the natural computation. S. By proof of a reversal by writ of error. in this case. that the parochial clock is much better evidence. The objection to competency may be answered. 2d. at nine she is entitled to dower. make a will of his personal estate. 1831. S. Martin’s Rep. persons. Infancy. 3 Green. 137. C. 384. no fraction of a day. make an affidavit in relation to the irregularity of a judgment in a cause in which he. A female at seven may be betrothed or given in marriage. Com. 44. Fonbl. 4 Binn. if his discretion be proved. at common law. de la Nat. P. When the contract has been performed. according to years. 87. 1st. I 3. and the question was whether she was born on the fourth or fifth of January. 4. at seventeen may act as executrix. Contr. 5. Paul’s had begun to strike twelve on the night of the fourth and fifth of January. R‚pert.
Improper influence is that dominion acquired by any person over a mind of sanity for general purposes. 2. 444. 441. 433. h. Future state. 202. see Aged witness. Infanticide. will be void. which prevents the exercise of his di scretion. and of sufficient soundness and discretion to regulate his affairs in general. Inst. n. 431. and Hawkins includes among infidels. t. 148. 2. and articles Age. Dict. med. Vide. t. 1 Beck’s Med. 268. M‚dicine L‚gale. Bingh. R. L. 1 Cox’s Cas. Dead born. trespass. 9. 3 Inst. and testify that to the court or jury. 6 Watts’ R. An inferior court is a court of limited jurisdiction. L. 103. Lord Coke comprises Jews and heathens. An infant is therefore responsible for his torts. feeble. (q. Inferences differ from presumptions. 233. 25 Wend. but he cannot be made responsible in an action ex delicto. 3 Bouv. 3. S. 16. 3 Rawle’s R. Jur. Duvergie. v. and it must appear on the face of its proceedings tliat it has jurisdiction. Capax Doli. There is some conflict in the cases on this subject. He is also punishable for a crime. if of sufficient discretion. 300. _4. art. Dalloz. and destroys his free will. Weak. v. part. 15 Mass. Faetus. Jur. 1 Harper. Rep. it is not. 329. c. 355. Index.) and foeticide. s. 4 N. some of theni are here referred to: 18 John. When the former is used to induce a testator to make a will. C. Birth. Influence is proper or improper. Authority.) 2. 8. by what means it came to its death. Law Journ. 145. 96. or its proceedings. 137. The act or instrument of feoffment. When this crime is to be proved from circumstances. INFEOFFMENT. R. Under the name of infidel. Dr. as. c.7. Willes’ R. 98. it is their duty to do so. if born alive. 2. or to prevent his attendauce at the trial. & Rawle. 165. generally. In ventre sa mere. The protection which the law gives an infant is to operate as a shield to him. where the cause arose on a contract. Jur. Cr.. One who in relation to another has less power and is below him. 1 Bouv. Cummin’s Proof of Infanticide considered L‚cieux. v. When the facts are submitted to the court. INFLUENCE. Infancy. Sel. persons. C. Car. if it died before it was wholly born.) INFERI0R. 2529. Bell’s Sc. C. 5 Carr. his testimony de bene esge may be taken at any age. 2 Tenn. & Payn. He who makes the law is the superior. (q. Code Penal. It is now settled that when the witness believes in a God who will reward or punish him even in this world he is competent. where these several questions are learnedly considered. 184. 15 mass. ascendance. h. 194. L. the inferior. There is a difference between this offence and those known by the name of prolicide. the various Abridgments and Digests. Homicide. Inst. A conclusion drawn by reason from premises established by proof. S. 1 P. and the like. and by correct conduct. 4 Day’s Cas. Hamp. 2. he may show a reform of his conduct. 5 Hill. it is proper to consider whether the child had attained that size and maturity by which it would have been enabled to maintain an independent existence. His belief may be proved from his previous declarations and avowed opinions. When a witness is infirm to an extent likely to destroy his life. To commit infanticide the child must be wholly born. for slander. one who is bound to obey another. estates. 2 Inst 506. The murder of a new born infant. Inst. See willes. 6 Carr: & Payn. whether it was born alive. on Infancy. h. 8 Cooper’s Med. 269. 226. Vide Atheist. 1 Russ. but when the latter is . 344. such as do not believe either in the Old or New Testament. or doli capax. 3 Shep. INFIDEL. and. 51. 345. See also 1 Briand. R. 46. P. 3. (q. Jur. 349. C. 550. the judges draw the inference. and change of his opinion since the declarations proved when the declarations have been made for a very considerable space of time. and when he has avowed himself to be an infidel. 10 Verm. it will not vitiate it. 2. (q. n. 5 Mason. juris. 550. 438. to protect him from improvident contracts. 4 M’Cord. on Cr. So. Med. 391. Rep. It is the province of the judge who is to decide upon the facts to draw the inference. R. meaning the instrument of possession.. he who is bound to obey it. 387. Bouv. Dict. 433 n.. C. b 2. INFERIOR COURTS. who will reward or punish in this world or that which is to come. 2 Cowen. V. The witness is not permitted as a general rule to draw an inference. But see contra. 399. 572. 9 N. 3 Serg. R. formerly it was synonymous with investiture. Dec. 71. 24 Eng. pr‚m. One who does not believe in the existence of a God. M‚d L‚g. It is his duty to state the facts simply as they occurred. 25 Eng. By this term are understood all courts except the supreme courts. INFANTICIDE. Sufficient that it was born so far as the head and breathed. Considerations M‚dico−l‚gales sur l’Infanticide. t. R. credit.) In Scotland it is synonymous with saisine. Rep. evidence. 4 Law Report. tit. Going witness. attention. Alis. 1 Hare & Wall. 62. 117. H. 6 Cranch. 66. INFIRM. slight proof will suffice to show he has changed his opinion. This term has been very indefinitely applied. 122. INFERENCE. 359. Will. Law. Hawk. but not as a sword to do injury to others. R. 351. 1 Wright. 331 to 428. Vide Ryan’s Med. 7 Conn. Proper influence is that which one person gains over another by acts of kindness and. Pr. 8. Enfant. when they are to be ascertained by a jury.
In the first degree of kindred in the ascending line. beneath. They are used to try a civil right. _1780 3 Bl. this word signifies within. 2 Halst. Cr. never been resorted to in the United States or to recover penalties or forfeitures. 1 Hagg. When the informer is entitled to the penalty or part of the penalty. INFORMATION. 7 Watts. above. R. part 1. 6. 142. as the case may be. see 2 Chit. either by the attorney−general. 1 Dall. 484. 1 Paige. 2. In the French law. 5 . 3. is called an information. 106. infra corpus comitatus. The opposite of supra. INFORMER. Kyd on Corp. remedies. Rewards. these informations are criminal. c. they are. . within the body of the county. and it is then taken down in writing and sworn to. 152. under. 5 Watts & Serg. 2 Hagg. was thus called because it was the middle part. 52. 1 Phil. which commences with the third title of the twenty−fourth book. in their nature. C. Some have supposed that this name was given to it. to use his name. 286. A person who informs or prefers an accusation against another. 1 Saund. 323. of his own authority. 5. or by the prosecutor. a formal answer made in court. the son and daughter. Ct. 97. and being. The second part of the Digest or Pandects of Justinian. Rep. 2. 86. practice. infra. So. is called infortiatum: see Digest. filius. Cr. In another. 1 Serg. Informations of this kind are filed in the highest courts of ordinary jurisdiction in the several states. 155 to 171. Ev. 207. 15 Serg. whom he suspects of the violation of some penal statute. charging some person with a specific violation of some public law. 469. 13 Serg. 171. p. which are quite common. but civil proceedings. Poth. In summary proceedings before justices of the peace. as being against public policy. except that it is filed at the discretion of the proper law officer of the government. Pr. ch. above. Constitution. INFORTIATUM. 20. 3 Serg. 3 Dall. & Rawle. & Rawle. R. produced greater fees to the lawyers. 10 Mass. below. Gould. & Rawle. 3 T. it follows that the substance of the particular complaint must be stated and it must be sufficiently formal to contain all material averments. & Cl. R. 3 Story. 102. For a full and satisfactory statement of the law on this subject. INFORMATION IN THE NATURE OF A WRIT OF QUO WARRANTO. Below. sense. 385. Vide articles Prosecutor. it was said. filia. Dig. Abatement. An accusation or complaint made in writing to a court of competent jurisdiction. INFRA ATATEM. 68. in the descending line. R. 3. St. 4. 156. Informations have for their object either to punish a crime or misdemeanor. 439. at least when the proceedings relate to a penalty. 290. R. Ev. 2 Dall. 220. For the form and requisites of an information for a penalty. Under age that is. Inst. Lawes. pater. I am not informed. as infra furorem during the madness. It differs in nothing from an indictment in its form and substance. 14 Vin. 407. Ab. underneath. Styles Reg. n. 11 E. As the object is to limit the informer to a certain charge. and the justice may limit the evidence and his subsequent adjudication to the allegations in the information. 217. Pl. & Rawle. INFORMALITY. Latin. and these have. R. L. Pl. civil law. INFRA. Pr. substitutions. Rosc. The name of a proceeding against any one who usurps a franchise or office. he is or is not a competent witness. 3. without the intervention or approval of a grand jury. Informality is a good ground for a plea in abatement. 4 Greenl. R. and other important matters. 127: Though. and ends with the thirty−eighth book. Com.. 3. in form. 5 Barn. more used than the others. 101. pro forma. or put upon record by an attorney when he has nothing to say in defence of his client. 2. See 1 Wheat. A contract to use a party’s influeuce to induce a person in authority to exercise his power in a particular way. art. 9. is the father and the mother. l. 440. R. pleading. 6 Cowen. or to oust a wrongful possessor of an office. 490. 315. 2. accordingly as the statute creating the penalty has or has not made him so. 1 Dow. the complaint or accusation. 6. 57. Within the body of the countt. This part. 308. is void. in order that the defendant may know what he has to defend. Vide Blake’s Ch. 581. Car.perhaps. Com. 107. And see Quo Warranto. R. because it treats of successions. 251. 5 Mass. INFORMATUS NON SUM. or before arriving at the full age of twenty−one years. the reader is referred to Angell on Corp. & Rawle. 1 Speers. Thus we say primo gradu est supra. 2. within the guards. mater. the term information is used to signify the act or instrument which contains the depositions of witnesses against the accused. upon the conviction of an offender. sect. 93. 49. 4 Bl. 261. c. & Cres. R. 262. 5 Serg. as. 9. 8 T. 112. who is entitled. 1 Rep Const. Proc. 5 Penn. INFRA CORPUS COMITATUS. _132. The waut of those forms required by law. 452. during infancy. the will cannot stand. 372. which.the moving cause. ex officio. It also signifies during. Com. infra proesidia. H 1. 2 Chit. was supported and fortified by the two others..
2d. 4237. 1547. as. 4. t. 50. nor to hold any office. Pand. INGENUI. Of white persons. was sufficient to defeat a legacy in his favour. jur. 4th. Below the dignity of the court. that is. An unjust or illegal servitude did not prevent a man from being ingenuus. These words are frequently used in leases to express the right of the lessee to enter. whose medical properties it is desired to extract. Abb. that is. If he has been guilty towards him of cruel treatmeut. 98. a. practice. Ingratitude is not punishable by law. take place only. 183. go upon. it is at his risk. in the care and under the charge of the innkeeper. Formerly. they are citizens of the United States. 31. 8 Camp. The natives consist. Droit Romain. 1546. and. See 4 John. s. has no such jurisdiction. and the evidence was that he had given an infusion. 134. Of the children of foreign ambassadors. of Mass. 2. Ch. and these are not in general. to signify that they have been brought completely in the power of the captors. Civ. 2. 2. This term is used in relation to prizes. The common law courts have jurisdiction infra corpus comitatus. In Louisiana. Techn. not being able to vote. the violation of a compact. h. and in the case of an indictment which charged the prisoner with giving a decoction. Of the aborigines. 364.. unless. In the civil law. indeed. INGRESS. 14 Vin. EGRESS AND REGRESS. 1. Dict. 5 Howard’s U. The forgetfulness of a kindness or benefit. as being below the dignity of the court. Persons born out of the jurisdiction of the United States. INGRESSU. Nor will his intention to quit his residence. 1. Those born within the country. that there must be a sentence of condemnation to effect this purpose. donations inter vivos are liable to be revoked or dissolved on account of the ingratitude of the donee. 126. Const. h. and perhaps still in some countries is. children of citizens of the United States. Of negroes. Donations Entrevifs. Poth. INFRA DIGNITATEM CURAE. de Poth. 3. See Guest. Chit. the rule was. 1st. 153. citizens of the United States nor do they possess any political power. unless they have lost that right. 5. The act of copying from a rough draft a writing in order that it may be executed. one who has an actual fixed residence in a place. part 2. The inhabitants of the United States may be classed into. Poth. One who has his domicil in a place is an inhabitant of that place. R. v. A mere intention to remove to a place will not make a man an inhabitant of such place. Kyd on Corp. INGRATITUDE. 339. sometimes libertini. lib. Vide 10 Ves. INGROSSING. Index. sometimes liberti. 321. 2. 3. 4 Bouv. R. born slaves. They were a class of freemen. 1 Kent’s Com. 441. and return from the lands in question. 1 Dall. There are no such rules in the common law. Ev. had afterwards legally obtained their freedom the latter were called at various periods. crimes or grievous injuries. Code of Lo. Hugo. the admiralty. unless consummated. Ab. vocab. within the towns. law. on the contrary. n. 74. Vicat. Within the inn when once a traveller’s baggage comes infra hospitium. ports or fleet of the captors. camps. Law of Nat. 1 Phil. 2. Common Law Rep. ingrossing a deed. Adm. Although infusion differs from decoction. − 1. 6 Adolph. c. or descendants of the African race. changed the property but the rule now established is. and these generally possess no political authority whatever. but the revocation on this account can. 14. INFRA HOSPITIUM. who are citizens or subjects as their fathers are or were at the time of their birth. 1. ingratitude on the part of a legatee. INHABITANT. 2. s. Innkeeper. are. the tide water may extend within such county. Rep. des Pand. 104. 420. S. Those born out of it. INFUSION. A pharmaceutical operation.. in equity a demurrer will lie to a bill on the ground of the triviality of the matter in dispute. Infusion is also used for the product of this operation. 1 Ashm. the difference was held to be immaterial. 3. civ. and these are all citizens of the United States. Example. 3d. although as a sign of such intention he may have sent his wife and children to reside there. 33 Eng.) they are said to be ejusdem generis. deprive him of his right as an inhabitant. & Ell. In the French law this is the generic expression to designate all actions which are punishable by the code of France. 1st. if the donee has attempted to take the life of the donor. 480. s. If he has refused him food when in distress. that the act of bringing a prize infra praesidia. The breach of a law or agreement. − 2. Sh. in the three following cases: 1. or of persons who have been such. which consists in pouring a hot or cold fluid upon a substance. INFRA PRAESIDIA. provided the father of such children shall . 1. Inst. 1 Rob. mot Habitans. art. Anal. t. 451. med. 4 Paige. _90. t. _1.2. 1. (q. distinguished from those who. Those freemen who were born free. INFRACTION. 2. by which the plaintiff or complainant sought an entry into his lands. R. An ancient writ of entry. art.
Before a witness can be examined in chief. at the time of their parent’s being so naturalized or admitted to the rights of citizen−ship. G. INITIAL. for example. Persons who have become naturalized under the laws of any state before the passage of any law on the subject of naturalization by Congress. and settled there. Dig. as houses and lands and incorporeal. This previous examination. 16. Eng. are. moved to Louisiana in 1806. are citizens of the United States. but also every fee simple or fee tail. as. who were under the age of twenty−one years. or it is the right to succeed to the estate of a person who died intestate. B. Aliens or foreigners. Vice. and. 1 Madd. which is called succession ab intestat. which somewhat resembles our voir dire. 2. B. 16. Sw. But see Ersk. 2. may be said to be an inheritance. 11. one species of which is called fee tail. and entitled to vote for all officers who are elected by citizens. these have all the rights of citizens. nor entitled to any political rights whatever. By the birth of a child. Among the civilians. 5th. Persons who resided in a territory which was annexed to the United States by treaty. but his estate is not consummate until the death of the wife. n. 1 Denio. ability or faculty from another. INHERITANCE. 6th. des Retraits. s. the probibition which the law makes. F. INJUNCTION. The term inheritance includes not only lands and tenements which have been acquired by descent. 8. n. by which any part of the lands may be aliened or carried off. It is of two kinds. Naturalization. See Alien. See Diligences. because the purchaser’s heirs may inherit it. the judge is required to pronounce. as. Scot. and the like.. contrary to equity. 2. and the territory became a state. Where. N. 2d. 4th. 4. W. it is in the nature of a prohibition. whether he bear good or ill will towards either of the parties whether he has been prompted what to say whether he has received a bribe. The property which is inherited is called an inheritance. is called inhibition. R. 68. French law. 148. 485. That which arises by operation of law. estates. it is his duty to decide in such a manner as is the least against equity. _484. born in France. chancery. 39. parol evidence may be given to prove his identity. s. Mitf. art. specially prayed for by a bill. 39. 2. The name given to the important prerogative given by the charte constitutionelle. 163. 3. Ch. t. Pr. 185. 1725. and to hold any office except those of president and vice−president of the United States. 24. without receiving that right. Dig. Citizen. INIQUITY. Domicil. 1 Toull. to the late king to propose through his ministers projects of laws.have resided within the same. 3. a person who. Act of Congress of April 14. and these are not citizens of the United States. Inst. n. t. _4. Deshois’ Case. A right which is incomplete. the hushand becomes tenant by the curtesy initiate. v. or fee simple. or do . Scotch law. Litt. INITIATIVE. injustice. INHIBITION. any deed. 2. that although not naturalized under the acts of congress. Pr. commonly called incorporeal hereditaments. The initials of a man’s name are the first letters of his Dame. and remained in the territory until it was admitted as a state. it was held. Children of naturalized citizens. Body politic. 2. is called initialia testimonii. restraining a person from committing or doing an act (other than criminal acts) which appear to be against equity and conscience. An injunction is a prohibitory writ. An authority possessed without its being derived from another. law. 2 8. and entitled to the same rights as their respective fathers. A personal prohibition which passes by letters under the signet. Persons who were in the country at the time of the adoption of the constitution. Scotch law. he was a citizen of the United States. 471. n. Ersk. INHIBITION. 5. Inst. INITIATE. R. T. 1 . in a doubtful matter. The name of a writ which forbids a judge from further proceeding in a cause depending before him. Lo. INITIALIA TESTIMONII. which a person has acquired by purchase. in which the plaintiff’s title is set forth. Pl. if then dwelling in the United States. de la Ley. 50. In the civil law. prohibiting the party inhibited to contract any debt. for George Washington. L. (q. Estates of inheritance are divided into inheritance absolute. Poth. 3 Ves.) 1 Cruise. That which arises by testament. . 1802. 2 Bouv. Placed at the beginning. Hein. in prejudice of the creditor inhibiting. B. he may be examined with regard to his disposition. El. practice. 3d. Lec. The term is applied to lands. and inheritance limited. A perpetuity in lands to a man and his heirs. See Veto. when the testator gives his succession to a particular person. who have never been naturalized. INHERENT POWER. They are also divided into corporeal. 124. And a signature made simply with initials is binding. remedies. 126. 9. When in a will the legatee is described by the initials of his name only. It is a right. or a judge ordains to an individual. ability or faculty of doing a thing. or who have become naturalized under the acts of congress. considered as citizens of the United States. 2. by inheritance is understood the succession to all the rights of the deceased. 2 Mart.
(q. Pr. Ch. 1 Madd. Chit. the one called the writ remedial. 19. Eq. 12. 519. Pr. Bac. as. 8th. 323. 130. 2 Freem. Pr. 12. Injunctions respecting personal property. 244. R. C. R. 413. 1st. 210. 417: 4 John. for example. 4 John. an injunction may be obtained by a parent to prevent the marriage of his infant son. To enter into and deliver a proper security. Ch. Ab. 85. 58. or to real property. 16. R. 5th. Pr. but the party. Eq. 1 Fonb. 154. 6. parent and child. 187. 2 Swanst. 118. Inj. 65. 394. may be obtained. 552. 838. 1 Hov. Ch. The principal injuries which may be prevented by injunction. 224. 4 John. by requiring sureties of the peace. 427. To restrain a partner or agent from making or negotiating bills. 1 Eq. 218 to 225. Ch. Pr. Pr. Remedial injunctions are of two kinds common or special. 90. − 2d. v. 483 and see 1 Jac. 1 Mont. 851. Injunctions are of two kinds. 3 Anst. R. Inj. 120. 2 Campb. R. Ch. Inj. or doing other acts injurious to the partner or principal. but the court will not grant an injunction during the pen−dency of a plea or demurrer to the bill. 348. jr. 92. 1 Mart. or mistake. or of copyrights. To prevent loss or inconvenience. 1 Madd. R. Ed. that mischief would ensue if the plaintiff were to wait until the answer were put in. in these cases. c. 206. notes or contracts. 1 John. 144. 619. 1 Ball & Beat. 119. for until that be argued. 1st. 139. directed to. when a party is doing or is about to do an act against equity or good conscience. 300. the chancellor may prevent a breach of the peace. Ch. 4. For example. 1. the injunction obtained upon the merits confessed in the answer. Dig. Ch. Inj. Chit. Ed. tit. 402. 4th. 1 Price. 8. 74. These will be separately considered. An injunction will be granted to prevent the publication of private letters without the authors consent. 1 Madd. 160. 396. A court of chancery has also summary and extensive jurisdiction for the protection of the relative rights of persons. 512. To deliver up void or satisfied deeds. Inj. 11 Ves. Ch. Ch. 8 Price. sometimes on affidavit before answer. Ab. Supp. this can be obtained on filing a bill quia timet. &c. Ch. Cas. or conveyances. 493. on Copyr.) 1 Madd. 6th. 1 V. in general. ch. or upon a dedimus obtained by the defendant to take his answer in the country. To prevent breaches of covenant or contract. 2 Ves. 2 Ves. 9. But no injunction will be granted to stay proceedings in a criminal case. To prevent improper sales. 24. Ch.194. upon an attachment for want of an appearance. 607. It is granted. Id. To prevent wasteful trespasses or irreparable . Injunction A. Practice. 342. 503. 702. 402. 297. 585. C. To prevent a breach of confidence or good faith.2. of course. an injunction will be granted. Inj. relate to the person. Err. to attach and punish the party if disobedient in violating the injunction. but more frequently upon the merits disclosed in the defendant’s answer. Blake’s Ch. jr. 363. 8 Ares. 1 John. 2 Anst. To restrain the infringement of patents. 2 John. 9th. 308.. not the inferior court. R. 180. 1 Chitt. 1 Madd. Ambl. Pr. or remedial writ. but will interpose its authority to restrain such unjustifiable proceedings. Ch. R. 7. 631. 1 Vern. to restrain the disclosure of secrets. 2 John. C. 1 John. 535. These proceedings will be stayed when justice cannot be done in consequence of accident. continues generally till the hearing of the cause. Newl. or fraud. An injunction is generally granted for the purpose of preventing a wrong. Woodd. or litigious or vexatious. 3d. payments. jr. and controlling. Ed. Bills. and guardian and ward. or upon his praying for time to answer. 7th. Pr. & B. & W. − 3. & B. 14 Ves. and look to the courts of common law for redress. Pr. Harr. Ch. To restrain the negotiation of bills or notes obtained by fraud. The former kind of injunction. 1 Sim. & B.. 2 Munf. to Ves. 1 Anst. 11th. 2 Ves. is in the nature of a prohibition. Bills. or without consideration. as between hushand and wife. Curt. *335. Lo. which came to the defendant’s knowledge in the course of any confidential employment. 17 Ves. Ch. or preserving property in dispute pending a suit. is only in personam. 19 Ves. 19. R. Chit. Ed. 287. 17 Ves. 3 Ves. 6 Mod. Injunctions before answer are granted in cases of waste and other injuries of so urgent a nature. it does not appear whether or not the court has jurisdiction of the cause. Ed. Its effect. Finch. 297. 2 Atk. to personal property. 225. Inj. 13 Ves. 148. A special injunction is obtained only on motion or petition. 61. Ch. and is applied for. 13. or to prevent other loss as. 15. is to continue till answer or further order. and the other the judicial writ. 2 John. Injunctions respecting real property. Cas. − 2. Pr. − 1st. are usually granted. 9. 5. on Part. 3 Bro. 1 Day’s Cas. 424. 1 Ch. Fitzg. It is common when it prays to stay proceedings at law. − 1. The injunction granted in this stage of the suit. 49. or of an answer. 10th. 3 Ch. 77. R. 137. 92. 2 Ves. 247. and in these cases. 160. 43. To prevent waste of property by an executor or administrator. 387. and enjoin the performance of others. 146. and will be granted. Ed. xlvii. that is. 55. 2. 31 to 41. 3. 111. 93. 207. Lect. With respect to the person. R. R. 14 Ves. Ed. To stay proceedings in a court of law. on a proper state of facts. 1 Madd. with notice to the other party. 137. the court will not leave the party to feel the mischief or inconvenience of the wrong. 416. But the publication will be allowed when necessary to the defence of the character of the party who received them. Latch. R. 282.
. or the not doing what was a legal obligation. 6. assaults. Pr. although the owner may be entitled to retake possession. t. Inj. 3. 120. these are. 173. Injury without damage or loss will not bear an action. or his contract. v. child. − 3. the unlawful taking and detention thereof from the owner. or contract. Ed. 3 Tho. are. 11. applying the remedy in the given case before him. Am. It was applied to signify the edicts made by the proctor. Ch. 2. an injunction may be had to prevent the creating of such nuisance. as the injury affects private individuals. 183. 138. in such cases a perpetual injunction will be decreed. 1. false imprisonment and malicious prosecutions. INJURY. Inj. Those affecting reputation are. & Myl. Heineccii. 442.. INJURIA ABSQUE DAMNO. 701 to 731. or to continue possession of lands. 9 Rep. Supp. are. Clef des Lois Rom. Ps. Jur. A wrong or tort. injuries to health. in some cases. Code. ousters. 125 to 165. 2. in the last place. abduction. Pr. 9. edictale. person. 2 Story. trespasses nuisances. as. The absolute injuries are. h. Pr. 121. 2 Atk. To compel the performance of lawful works in the least. 2. 5. Injury without damage. abduction of the wife. This phrase is used. Rep. and other injuries are. 1 Shower. 940. 241. Inst. Pr. It is this which bears a strong resemblance to the injunction of a court of equity. and 10. 14 Vin. Dict.t. h. 2. some damage affecting the same while in the claimant’s possession. which entitles him to an injunction. Pand. by nuisances or medical malpractices. or which he had contracted not to do. 1 Mad. 4. declaratory of his intention to give a remedy in certain cases. 6. or when a bill. or. by indictment. wounding. 4th. 3. Chancery. They affect the person absolutely or relatively. in Louisiana. The following. to signify slander. 1 Chit. _285. at the hearing the plaintiff has established a case. The interdict (q. harboring and battery of his apprentice or servant. Injunctions are also divided into temporary and perpetual. 271. 1. for example. 330 to 344.) of the Roman law resembles. 6 Mod. D 8. Rep. or that of a third person. Bouv. until the bearing. Eq. − 2d An injunction of the second kind. & Pull. subtraction of rent. cases illustrate this principle. R. 28 Vide. adultery and battery those which affect the rights of a parent. A temporary injunction is one which is granted until some stage of the suit shall be reached. t. Pr. to Ves.damages. Pr. Index. Public nuisances. wages. in many respects. threats and menaces. Private nuisance. t. 722. until the defendant shall file his answer. if he can do so. Injuries are divided into public and private. 5. and the like. or injuries to his reversionary interests. in an improper manner. − 1. Co.t. 1. Inj. or the performance. seduction. without a breach of the peace. 129. A perpetual injunction is one which is issued when. Injuries to real property are. s. note. 3. praying for an injunction. P. 2 Russ. Elem. 5 Ves. Pr. jr. It was used in three distinct. _865. Law Jour. 8. Though usual to prosecute the parties who create nuisances. of an act which it was either the party’s duty. 1 Lord Ray. Eden on Injunctions. 74. mayhems. B. verbal slander. art. 2 Bos. 5 Rep. namely. 2. Index. ch. 3501. The relative injuries are those which affect the rights of a hushand. 1 Madd. to quit. personal property. generally. apprentice. 1 John. 72 INJURIOUS WORDS. Redesd. To prevent the creation of a nuisance... Injuries arise in three ways. Pl. t. 442. 11. 3d. waste. so as materially to darken or obstruct the ancient lights and windows of an adjoining house. as. − 2. It was used to signify his order or decree. the wife. Blake’s Ch. decretale. 2 Hov. Dig. Willes. N. and they affect the. Eq. or libelous words. To prevent waste. disturbance of right of way. 253. seduction. Ab. 1. 1 Madd. Malfeasance. 4. Com. and the like. o. yet. 113. is taken pro confesso.. R. 64. ut sciant omnes ea forma posse implorari. 49. and is properly described as being in the nature of an execution. 47. or battery of a child. 12. Smith’s Ch. h. 1. or servant. 86. and then was called decretal. The remedies are different. Ed. h. duty. Ch. 10. Livingston on the Batture case. or the public. our injunction. 156. 1 Turn. t. Ed. Ch. injurious manner. 7. 181. Those which conflict with the rights of the inferior relation. h. Injuries to personal property. issues subsequently to a decree. &c. Inj. Index. Coop. Ed. to perform. h. or harboring her. withholding conjugal rights. 2d. quod praetor re nata implorantibus decrevit. chiefly to preserve or to restore possession. 434. Pl. Analyse des Pandectes de Pothier. It was used. maintenance. to signify the very remedy sought in the suit commenced under the proctor’s edict. but cognate senses. libels. By nonfeasance.. Newl. and thus it became the denomination of the action itself. 11. to perform. du Dig. this interdict was called edictal. either private or public. or real property. M. called the judicial writ. ch. 948. or the unjust performance of some act which the party had no right. Ch. Litt. and those affecting personal liberty are. and of a master. and malicious prosecutions. It is a direction to yield up. h. batteries. to restrain the owner of a house from making any erections or improvements. 46. When the injuries affect a . Misfeasance. 1 Chit. in the opinion of the court. quod praetoriis edictis proponitur. 7.
force her to accept them. Remedies for compensation. or valuable thing. 2. the law does not presume any malicious intention in the utterer. where. maliciously injured. action. occurred in England. is. agreeably to the distinction of the Roman law. he published the history of her early life. See. who. it interferes only when there has been a visible bodily injury inflicted by force or poison. for example. 2. 2. which were rejected. when the facts published are true. In general. although often also affecting the public. Proceedings for punishment. Inst. and spoken to the person’s face. is the unlawful violation of civil rights. Where the injurious expressions have a tendency to blacken one’s moral character. 4. 3d. Bouv. 17. Bract. that a man is incapable of being alarmed or affected by such injuries to his feelings. there are three descriptions of remedies: 1st. 10. A case of this kind. But in cases of felony.. He made proposals to her to renew their illicit intercourse. imputing even the most infamous crimes. 1 Chit. Ayl. and the party may be punished by indictment or summary conviction. after living with him some time. Ersk. 14. which tend to expose his character. The preveative. by words and by acts. as striking one with a cane. and removed to an obscure place in the kingdom. 316. Com. misdemeanor. A reat injury is inflicted by any fact by which a person’s honor or dignity is affected. and in cases of homicide the remedy is merged in the felony. 4. 320. 4. surety of the peace. perhaps unnaturally enough. 47. ad Pand. lib. and by civil action at the suit of the party. She left him secretly. lib. It is either natural or civil. de injur. 10. or banded about in whispers to confidants. injunction. namely. in that character. his dignity. 8. abatement of nuisance. A parent. civil law. recaption. The composing and publish in defamatory libels maybe reckoned of this kind. and lost the good opinion of those on whom she depended for her livelihood. and are deliberately repeated in different companies. money. when directed against a private person. even in that case. and became highly respected in consequence of her good conduct she was even promoted to a better and more public employment when she was unfortunately discovered by her seducer. Injuries may be divided into two classes. where she obtained a situation. the truth of the injurious words seldom absolves entirely from punishment. and that. cannot sue. it becomes a crime. Civil injustice. and she was discharged from her employment. . n. Jur. Another instance may be mentioned: A party cannot recover damages for verbal slander in many cases. or offence. The first are called verbal injuries. Vide 1 Chit. or his reputation. as. t. INLAGARE. by. &c. The restitution of one outlawed to the protection of the law. for the public injury. 2. Med. Nor will the law punish criminally the author of verbal slander. unless the fact will sustain the allegation that the daughter was the servant of her father. by descending to a fiction. Natural injustice is the act of doing harm to mankind. That which is opposed to justice. To admit or restore to the benefit of law. h. or summary proceedings before a justice of the peace. 592. &c.private right and a private individual. There are many injuries for which the law affords no remedy. See 1 Miles’ Rep. or summary Proceedings before a justice. Pr. assuming a coat of arms. Voet. INJUSTICE. For this outrage the culprit could not be made answerable. for an injury inflicted on his child and when his own domestic happiness has been destroyed. by making him little or ridiculous. INJURY. in order to. Index. and yet. as by indictment. and sometimes. became sensible of the impropriety of her conduct. resistance. consists in the uttering contumelious words. for the defendant would justify and the party injured must fail. Pand. c. it sordidly supposes some pecuniary loss. 15. Scot. A young nobleman had seduced a young woman. and contrary to its own legal principles. affords compensation to wounded feelings. it then grows up to the crime of slander. INLAGATION. 1. whose resentment generally subsides with his passion. spitting in one’s face. unless done with intent to extort a chattel. suit. the remedy by action for the private injury is generally suspendid until the party particularly injured has fulfilled his duty to the public by prosecuting the offender for the public crime. generally. such as defence. which may be by arbitration. or outrage of any one. INLAND. remarkably bard. and article Civil Remedy. t. under a mask. by violating natural rights. while it leaves almost totally unprotected the whole class of the most malignant mental injuries and sufferings unless in a few cases. Within the same country. whereby his body. the latter real. or even aiming a blow without striking. or fix some particular guilt upon him. 1. Pr. In the technical sense of the term it is a delict committed in contempt. reason of such seduction. A verbal injury. The law presumes. Where the offensive words are uttered in the beat of a dispute. 45. civilly or criminally. for the private wrong. 2d. 2. or any other mark of distinction proper to another. he lost the benefit of her services. 1. _12. 3. L. With reference to the means used by the wrong doer. When the injury is such as to affect the public.
Com. INNOCENCE. estates. He is liable only for the goods which are brought within the inn. _470. where travellers are usually placed. 424. Bac. 287. person of his guest. 2 Chit. But the horse of the guest can be detained only for his own keeping. Bailm. 8 E. exclude the driver of one of these lines from his yard and the common public rooms. 3 B. 8 Co. Dig. Ab. Dict. P. for a reasonable compensation. in the said house. and not for the boarding and personal expenses of the guest. 8 Co. Vide. 266. 4. t. 175. has no right to. & A. 523. as well as for the acts of his other guests. C. 21. Ab. his rights. He is defined to be the keeper of a common inn for the lodging and entertainment of travellers and passengers. 3. generally. 77. the presumption of innocence preponderates over the presumption of the continuance of life. − 2. INN. he is bound to pay for them if they are stolen or carried away. the principal being presumed to have authorized the sale. An exception to this rule respecting the presumption of innocence has been made in the case of the publication of a libel. R. 1 Mann. & Ald. upon the person of his guest. 430. D. It has been held that an innkeeper in a town’through which lines of stages pass. Yelv. Bac. 9 Pick. 1 Shower. 1 Yeates. & Ryl. pl. & Gran. Ab. The landlord may also bring an action for the recovery of his compensation. Index. and Bills of Exchange. at the same time. for his compensation. R. the law invests him with some peculiar privileges. R. 67. Ab. Ab. 365. brought into the inn. when a libel is sold by his agent in . 14 Vin. 505.. 2 Kent. B 85. INMATE. 270. L. Story. even by an unknown person. Alcock’s Registration Cases. 71. 2 Kent.2. but he is not responsible for any tort or injury done by his servants or others. 153. _475. 41. 170. N. however. and. L. & A. R. 151. &c. The degree of care which the innkeeper is bound to take is uncommon care. and the money paid for the apartments as extending to the care of the box and portmanteau. INNKEEPER. 280. It has been holden in Now York that a bill of exchange by one person in one state. 34. R. 2 Mann. 36. B. & S. necessary. & Bat. 172. One who dwells in a part of another’s house.. 937. &c. Ayl. The law presumes in favor of innocence. Vide Lodger. the latter dwelling. Kitch. Justices of the Peace. 1 Leach’s Cr. 743. S. Guest. Pand. a. Rep. Com. Ev. 385. Bills of Exchange. & Ryl. in order to make him responsible. Jones’ Bailm. h. 1 Yeates’ R. 8 N. 2. giving him alien upon the goods. The absence of guilt. note 2 Kent. Bac. and without doing any injury to the innkeeper. 8 B. it is said.. But one who entertains strangers occasionally. Vide 2 Phil. to the. R. 461. It seems not to be agreed whether the term inland applies to all the United States or only to one state. 8 Co. and to enable him to obtain this. L. secondly. Law of Sewers. and to entertain them. Rep. 32. N. 224. 9 B. b. 6. Inns. 427. C. Com. Vide Entry. t. when a woman marries a second hushand within the space of twelve months after her hushand had left the country. L. _483: 4 M. 35: Oliph. 2. 2 Dev. L. 39 E. Bouv. Law. C. 306. Com. and if he receive the guest. 436. 458. Ev. 3 B. 90. Hamm. 2. A house where a traveller is furnished with every thing he has occasion for while on his way. 227. Inns. t. 125. L. to solicit passengers for his coach. 365. 162. 1249. and he must guard their goods with proper diligence. 2 Russ. 484. Com. 176. 469. Inst. 8 Mod. Jones’ Bailm. 45. He is responsible for the acts of his domestics and servants. if he can accommodate them. 15 E. Com. h. even against another presumption of law: for example. 4 Mann. H. Bailm. n. Cr. 386 3 Stark. 2 East. 12 Mod. without his own cooperation or consent. 31. 1 Vin. on Cr. a. Ab. for although he may not know anything of such goods. 255. 14 John. 21 Wend. P. Whart. 375. He is bound to take in and receive all travellers and wayfaring persons. Bailm. INNINGS. h. 285. t. 499. 2 B. and in a proper manner. C. & Ryl. Story. Inns. Lands gained from the sea by draining. 78. 4 Campb. & Cr. Cr. h. 32. for a reasonable compensation. 185. 1 Deac. 1 Stark. 251. E. who comes there at proper hours. 1 Bell’s Com. 458 to 463. The innkeeper is entitled to a just compensation for his care and trouble in taking care of his guest and his property. A delivery of the goods into the custody of the innkeeper is not. if the goods are stolen or lost. 5 John. tit. Not capable of being navigated. and he will be liable for a slight negligence. the custody of the goods may be considered as an* accessory to the principal contract. but a contrary opinion seems to have been held in the circuit court of the United States for Pennsylvania. Dig. All travellers have a lawful right to enter an inn for the purpose of being accommodated. 283. INNAVIGABLE. of the guest. 17 E. although he may receive compensation for it.. 3 Chit. 578. 32. R. their horses and attendants. Cunn. 91. & Cr. The innkeeper will be excused whenever the loss has occurred through the fault of the guest. His duties will be first considered and. Rep. Ab. 2 Dowl. − 1. on another person in another. on the Law of Horses. Hayw. L. 94. C. & Cr. Story. Bac. 1 B. C. is an inland bill of exchange. 1 Bl. 154. 237. R. Bac. is not an innkeeper. 83.
13. 7. of the right of sanctuary. 12 Serg. so that the second shall come in the place of the first. INNUENDO. 1 Ld. 8 Johns. or ought to be immutable. INNOCENT CONVEYANCES. Scotch law. do ut facias. The innuendo is mostly used in actions for slander. 6 T.) The other inns are the two Sergeants’ Inns. But when the new matter stated in an innuendo is not necessary to support the action. b. 271. h. R. The four principal Inns of Court are the Inner Temple and Middle Temple. 9 East. 5 East. Vide Forfeiture. 1 Chit. 282. inofficious testament. to signify those conveyances made by a tenant of his leasehold. it is necessary to be admitted to one of the Inns of Court. b. Cr. 2. 12 Mod. h. Dig. 4. 17. 691. 7 Johns. Slander. amendments. of appeal. 109. 2. 383. R. 2 Nov. v. 211. An epithet used for letters−patent. J.. and Gray’s Inn. the Commo wealth. 1 Saund. The Inns of Chancery were probably so called because they were once inhabited by such clerks. & M. Ev. These are Thavie’s Inn. Lion’s Inn. 256. 4. 4 Com. Bell’s Scotch Law Dict. & R. 21. 14 Vin. donatio inofficiosa. or when it cannot be collected from the libel or slander itself. This word is frequently used with others. in the common law. Inst. In this country forfeitures for alienation of a greater right than the tenant possesses. 220. but the Roman lawyers reduced thein to four classes. N. The destruction of the benefit of clergy. R. with much sarcasm. 256..) Dig. whatever be its form. R. 5 Binn. secured his own pardon of corruption of blood. Stark. h. P. v. 341. which philosophy. of trial by battle and ordeal. 5 Johns. 712. 463. Rep. 244. civil law. in felony. and none will desire a return to these barbarisms. An innuendo. t. by all wise men. Litt. changes are required by the alteration of circumstances. it serves to apply the slander to the precedent matter. Before being called to the bar. 443. Id. "he the said plaintiff meaning. 243. 3 Caines’ Rep. generally. &c. law. of approvement. (ancient belonging to the earls of Lincoln and ray. There are many innominate contracts. Pr. philanthropy and common sense approve. INNOVATION. 5 Johns. 243. which regularly belonged to the cursitors. 513. (formerly belonging to the Knights Templars) Lincoln’s Inn. n. P. C. Greenl. the New Inn. on Slan. The reader is referred to the case of James v. civil law. 272. Certainly no innovations ought to be made by the courts. Raym. and facio ut facias. Symond’s Inn. R. by skill. or change the sense of the previous words. & Ad. Dict. 7 Johns. in a judicial combat. no legislation can be.his usual place of doing business. who are officers of chancery. 3 Chit. of the privilege to abjure the realm. t. 220. exposes the absurdity of some ancient laws. operates only on his interest. 679. INOFFICIOUS. 2. INNOVATION. R. Change of a thing established for something new. do ut des. 2. on Cr. but as every thing human. Salk. _36. Furnival’s Inn and Barnard’s Inn. R. Pl. or some other instrument not of record. 2. as of the circumstances under which they were enacted. which are always of a charter of feoffment. & Ell. Co. by the imperfections of all human institutions but laws ought never to be changed without great deliberation. (q. 341. An averment which explains the defendoant’s meaning by reference to antecedent matter. Engl. but cannot add or enlarge. 7 Johns. as. Vide. 293. Pl. Innovations are said to be dangerous. 76. Cowp. H. 1 Saund. 2 Ad. 243. English law. is mutable. by which any criminal who could. 14. 95. R. The name given to the colleges of the English professors and students of the common law. 3. Bull. bargain and sale. of constructive treason. If the innuendo materially enlarge the sense of the words it will vitiate the declaration or indictment. The exchange of one obligation for another. force or fraud kill his accomplice. See 4 Nev. & M. 1 Stark. Many innovations have been made. Ab. An inofficious testament is one not made according to the rules . are almost unknown. 8 N. concluding with the words Innotescimus per praesentes. 442. 540. 86. R. 219. as chiefly studied the forming of writs. INNOTESCIMUS. inofficiosum testamentum. INNOMINATE CONTRACTS. 1 Chit. 6 Johns. 6. 10. inofficious gift. technically. R. Contracts which have no particular names. which do not occasion a forfeiture these are conveyances by lease and release. 5 Barn. and a due consideration of the reasons on which they were founded. pleading." is only explanatory of some matter expressed. are so called.) INNS OF COURT. t. 873. 139. Tech. 271. and the matter to which it alludes must always appear from the antecedent parts of the declaration or indictment. 218. It is necessary only when the intent may be mistaken. it may be rejected as surplusage. Index. This term is used in England. Clement’s Inn. Ab. The same as Novation. 1 Chit. 83. The more just principle prevails that the conveyance by the tenant. facio ut des. as likely to unsettle the common law.’ Staple’s Inn. namely. extend. 370. and 225 to 2 Duncan. (q. 383. N. as. 2. 10 Johns. as permutation and transaction. 1 Russ. Bac. Dane’s Ab. and a covenant to stand seised by a tenant for life. 4 Co. will be sanctioned. Law. Rep. Clifford’s Inn.
among ecclesiastics. 196. see Code. 10. or Insanity. _33. and the like. The judicial inquiry itself is also called an inquest. or injuries of the brain. 1st. 19. n. In this division may be classed. when such records came to be kept in books. if omitted by the coroner. INQUISITOR. 4. Such a disposition is void by the Roman civil law. 3. Brewster’s Encyclopaedia. super visum corporis. The name. p.. that is. are traversable. affections and habits. Affective and is general or. 5. coroners. Imbecilite. The reason given is that the inquest coucluded no man of his right. Vaughan. 1. Congenital defect. t. Civil Code of Lo. is also called an inquest or an inquisition. were kept upon a roll or in the form of a roll. otherwise it will be quashed. Inquisitions either of the coroner. 1. who is authorized to inquire into heresies. A body of men appointed by law to inquire into certain matters. with the composure requisite for the maintenance of the social relations of life. (q. It may be considered in a threefold point of view: 1. 405. 2. Vide Writ Of Inquiry. of an officer. which is. 5. supervening in infancy. impressions of a particular kind. or of the other jurisdictions. An inquest of office was bound to find for the king upon the direction of the court. 2. 2. without any particular amount being ascertained. as. 1. who have power to inquire into certain matters. 2. A state of mental incoherence or constant hurry and confusion of thought. tit. 1 Burr. what was written upon them was called the inrollment. 5. The act of putting upon a roll. 730. but perhaps the subject is not susceptible of any satisfactory definition. ll. 2 H. An ecclesiastical judge. 2. precision. which. 29. 71. 5. INSANITY. the instrument of writing on which their decision is made is also called an inquisition. 2. VII. either by a natural defect or by accident. for the time being. 135. include all cases of insanity. The finding of such men. 2. Domat. Imbecility. 2. Pand. 2d. Med. An inquisition on an untimely death. 3 H. Nov. Intellectual. INQUEST. v. Ray. 115. may be taken by justices of gaol delivery and oyer and terminer. 2. After. is sometimes called the grand inquest. the record of a suit was kept on skins of parchment. best to preserve them. Dementia. med. 1. this writ is for the purpose of ascertaining the amount to which the plaintiff is entitled. partial. practice. _24. The want of. one made by which the testator has unlawfully omitted or disinherited one of his heirs. 1st. or a defective development of the faculties. 2d. Dig. Lib.of piety. Mania. The sheriff or coroner and the jury who make the inquisition. the inquest examined into the facts connected with the alleged murder. and the like. INQUIRY. Various other definitions of this state have been given. − There is also a disease which has acquired the name of Moral insanity. Observations on the Deranged Manifestations of the Mind. and to punish them. manifested by deviations from the healthy and natural state of the mind. Jur. Congenital defects. upon an investigation. 6 Watts & Serg. Folie. Formerly. but it must be done publicly and openly. 18. but only gave the king an opportunity to enter so that he could have his right tried. mots Demenoe. Jur. 451. INSANE. Moore. 3 Leon. − 2. n. the making up of the record retained the old name of inrollment. ch. Consecutive to mania. Disturbances of the intellectual faculties. Senile. A chronic disease. One deprived of the use of reason. Destitute or without counsel.) . 3522. h. Cyclo. founded on two very different conditions of the brain. and is general or partial. Ray. the grand jury. 6. resulting from. INROLLMENT. A continued impetuositv of thought. WRIT OF. Med. or peculiar to old age. 21. after he has arrived at the age when he ought to have it. t. h. INOPS CONSILII. An obstacle to the development of the faculties. − 1. IV. are called the inquest. A designation of sheriffs. art. R‚pert. Idiocy. and exclude all others. under the influence of which the understanding becomes susceptible of hallucinations or erroneous. Ayl. resulting from.. 1. prel. 3. Lois Civ. with. which shall. totally unfitsga man for judging and acting in relation to the matter in question. s. A writ of inquiry is one issued where a judgment has been entered in a case sounding in damages. 3. The lesion of the faculties subsequent to their development. 2. In the construction of wills a greater latitude is given. such deviations consisting in a morbid perversion of the feelings. An obstacle to the development of the faculties. 1. The diseases included under the name of insanity have been arranged under two divisions. which is. 2. which. jur. 50. An examination of certain facts by a jury impannelled by the sheriff for the purpose. INQUISITION. because the testator is supposed to have been inops consilii. supervening in infancy. Practical Medicine. 72. Merl. or of the peace.
3 Caines. 2 Wheat. by a reference to the following acts of congress. 7. INSCRIPTION. 2 Greenl. n. R. 162. 2. R. 3 Dowl. and a balance ascertained between the parties. 338. 1831. who is under a present inability to answer. to add a count commonly called insimul computassent. several states from all liability to be arrested. It is usual in actions of assumpsit. Insanity is an excuse for the commission of acts which in others would be crimes. 374. 9. 488. INSCRIPTION. as rings. n. Traite des Donations. and the like. INSOLVENCY. Act of June 7. 16 and 17. or promulgation. 8 Toull. 4 Sharsw. 45. Encyclopedie. Cont. Bull. practice. 10 East. The reader will find the provisions made by the national legislature on this subject. of Story. 2. They accounted together. art. 2236. The decision of the inspectors is not final. Act of March 2. U. law. 2. 417. L. 8 Cowen. 90. Notorious insolvency is that which is designated by some public act. or an account stated. 1 M aule & Selw. if he has accused. 431. L. INSIMUL COMPUTASSENT. 4 Sharsw. Com. Examination. Pl. 205. 4. The transcription of an act on the public registers. t. S. in Ass. 207. An engagerment which a person. 5. Eccl. 2. 488. but that appropriated to the purpose of donation. the responsibility which his creditors may enforce. R. that he will suffer the same punishment. _3. and there had been no settlement made. evidence. 3. S. 396. 9 Mass. they are said to have computed together. 10. sect. L. INSINUATION. R. 321 Ingrah. INSCRIPTIONES.) Lawes on Pl. as. non tenent insimul. Id. 2536. 233 Cowp. 2. and being discharged under the same. comm. 630. Ab. R. Cont. Ev. the other falsely. 162. This word is used in composition. because the insane man has no intention. R. U. 1 Hagg. 1 Peters’ R. 598. 3 Addams. 16 Mass. 218. 1797. 1834. n. v. 195. R. 53. actions. It was not necessary in any other alienation. 9. by which it becomes notorious and irretrievable. In the language of pleading. When an insolvent delivers or offers to deliver up all his property for the benefit of his creditors. Simple insolvency is the debtor’s inability to pay his debts. Persons who lie in wait. When an account has been stated. 87: 3 Stark. b. 120 13 Ves. The inspection of all public records is free to all persons who have an . 2358. Insolvency is a term of more extensive signification than bankruptcy. 1 Story. insimulcomputassent. 91. The examination of certain articles made by law subject to such examination. liv. 1 Story. civil law. Code. 13 John. under bankrupt or insolvent laws. 181. 1 et 2. 45. 2. R. INSMUL. 3. 331. 3. in order to commi some felony or other misdemeanor. he is entitled to be discharged under the laws of the. R. 198. The state or condition of a person who is insolvent. t. R. 2 Bell’s Commentaries. Rep. See 1 John. who makes a solemn accusation of a crime against another. Blount. and includes all kinds of inability to pay a just debt. T. 5th ed. when ultimately wound up. Stepb. See Bankrupt. INSOLVENT. 487. and the amouut due may be recovered in an action of assumpsit. R. 2. enters into.7. P. entre vifs. or a bill in chancery. 145 Vin. Domat. 492. Inscriptions upon tombstones and other proper places. jointly. Vide Lunacy. which could not have been done. are held to be evidence of pedigree. Act of March 2.. N.. Insolvency may be simple or notorious. 312. and is attended by no legal badge of notoriety. 378. which would have been inflicted upon him had he been guilty. (q. Index. 180. and to preserve the character of the merchandise abroad. so that they may be declared fit for commerce. 1837. 1 Campb. 2. S. S. L. INSPECTION. The name given by the old English law to any written instrument by which anything was granted. namely: Act of March 3. the remedy would be an action of account render. 7 Toull. Ev. without reference to his estate proving sufficient to pay all his debts. INSIDIATORES VIARUM. v. that which is unintelligible is said to be insensible. for in that case. 1. Cons. Vide 2 Kent. it deprives a man also from entering into any valid contract. Non compos mentis. Cont. Civ. 9. It signifies a person whose estate is not sufficient to pay his debts. of Story. 545. It signifies the situation of a person who has done some notorious act to divest himself of all his property. of Story. U. 6th ed. Inst. (q. INSPECTION. Act of March 2. by recourse to legal measures.) . on Insolv. or an application for relief. and Stock on the Law of Non Compotes Mentis. INSENSIBLE. Sugd. practice. 116. Together. 465. Bouv. This word has several meanings. A person is also said to be insolvent. 2. Vend. if the defendant had been the mere bailiff or partner of the plaintiff. Something written or engraved. as applying for the benefit of the insolvent laws. the object’ of the law is to protect the community from fraud. 1980. 600. 591. Inst. 2 Caines. as a general assignment. S. n. art. & Ryl. like our recording of deeds. 1799. h. _369. L. U. Code of Louisiana. in the ordinary course of business. it. 3 Hagg. civil law. Ev. 4 Sharsw. Poth. 2 Bell’s Com.
4. Bro. Vide Inavguration. acting under a special commission. 1 Esp. For example. yet by intendmeent of law. 18. in two payments. 19. for example. nec multum facit tabernae sit praepositus. and to approve or disapprove of its quality. We have seen. 688. Vide Trial by insection. ii. as. 18. 2. 5 Co. R. It signifies. 1 Bell’s Com. 650. "before the shutting of the office the same night. 3. vol. Ersk. and it is immaterial whether he was employed in making a sale in a store. 621. inspector of bark . Inspectors of customs are officers appointed by the general government: as to their duties. 3 Dall. 623. R. INSPECTOR. __12. resemblance. each of these payments or obligations to pay will be an instalment . if I engage to pay you one thousand dollars. 8." when the act is to be done there. all sorts of actions and judicial demands. 605. and so reciting it verbatim. but he is so adjudged in law. INSTALLATION or INSTALMENT. it then grants such further privileges as are thought convenient. Co. INSTANCE. and agreed to be paid at a time different from that fixed for the. eo instante. s. R. 11. . one on the first clay of January. He was so called because he watched over the business with which he was charged. or. Dig. Vide Courts of the United States. is called institorial power. means that the act to which it applies. 8 T. 1790. A clerk in a store an agent. 1 Str. civil and French law. 610. 14. an cuilibet alii negotiationi. distinct from the usual commission given to judges of the admiralty. Vide 1 Gall. or to commit some crime or misdemeanor. Although it cannot be actually divided. in order to save it. Mr. 1. The English court of admiralty is divided into two distinct tribunals. 11. 18: Esp. INSTIGATION. inspeximus such former grant. 2 Str. lib. e. Pr. 1650. and the other on the first day of July. 1005. Story on Ag. 2. tit. Id. possess all the powers of courts of admiralty. 452. INSTITOR. by Brodie. 44. R. 590. An indivisible space of time. generally. or whether charged with any other business. 612. A word sometimes used in letters−patent. is installed into office. Litt. he who lays violent hands upon himself. civ. S. 2. 260. t. Styles’ Register. 93. INSTANT. 706. S. 1 Stair’s Inst. iii. whether considered as instance or prize courts. The act by which an officer is put in public possession of the place he is to fill. n. 609. quod negotio gerendo instet. 304. R. 7. to coramence a suit or to prosecute a criminal. like teeth. U. 954. 619. 390. see Story’s L. B. the other. art. payment of the other part. 1 Kent. or the first may be sued for although the other shall not be due. 258. 3 Burr. is called the instance court. 3d ed. shall be done within twenty−four hours but a doubt has been suggested by whom is the account of the hours to be kept. Com. and’ called Prize court. 6th ed. 563. Show. _46. & Adm. 1 Taunt. Vin. to enable the judge in time of war to assume the jurisdiction of prizes. The name given to certain officers whose duties are to examine and inspect things over which they have jurisdiction. upon payment of the usual fees. instar omnium. it may be applied to several purposes. 235. all the jurisdiction of the admiralty. the district courts of the U. 3.. 3. 3 Salk. that the charge given to a clerk to manage a store or shop. ch." when the act is to be done in court. 3. 6. 415. A. But it seems a mere stranger who has no such interest. Prize Court. law. by being sworn agreeably to the requisition of the constitution and laws. 7 Mod. 6 East. it is said. Inst. Civ. 58. 508. INSPEXIMUS. 587. 3. although there may be two due at the time. reciting a grant. Eng. l. 2.. A part of a debt due by contract. pl. A debtor who by failing to pay three instalments of rent due on a lease would forfeit his estate. Dane’s Ab. 1490. Vide Accomplice. generally. 54. tit. and whether the term instanter as applied to the subject−matter may not be more properly taken to mean "before. INSTAR. 355. The act by which one incites another to do something. Litt. 1 Maule & Selw. 129. INSTALMENT. INSTANTER. and he is not bound to tender both. 3 Chit. 129. Ab. Instant. 378. 479. at common law. 1809. Dig. law. presently. In such case each instalment is a separate debt so far that it may be tendered at any time. commits no felony till he is dead. equivalent to all. 6 Toull. 1516. INSTANCE COURT. 112. R. 157. 3. B. 1. contracts. or a governor. ch. n.interest in them. n. one who is by law authorized to examine bark for exportation. 226. and when he is dead he is not in being so as to be termed a felon. equivalent as. except in prize cases. page 493. Vide. The president of the United States. has no right. Institor appellatus est ex eo. Immediately. at the very instant this fact is done. In the United States. Plowd. Co. vol. Tidd’s Pr. 343. Likeness. 2. Law. as to injure a third person. tender one instalment to prevent the forfeiture. 4 & 5. instar dentium. This term. the one having. the rising of the court. 6. may. R. iii. Bell says..
R. the second. it is presupposed. active and passive. lib. Introd. The act by which the ordinary commits the cure of souls to a person presented to a benefice. in order to inflict on the guilty person the punishment which he deserves. s. 1. and the first five titles of the fourth book. 2. t. The agent is bound to obey the instructions he has received and when he neglects so to do. are called substitutes.. by order of the emperor. and are subject to two qualifications which .INSTITUTE. of Pennsylvania. it is then defined the acts and proceedings which tend to prove positively a crime or delict. com. The Institutes of Theophilus are a paraphrase of those of Justinian. tit. a l’Etude du Droit Romain. Justinian. n. The Institutes of Caius are an abridgment of the Roman law. _1. To make an accusation. 65. Substitutes. The work treats of the rights of persons. The act by which a testator nominates one or more persons to succeed him in all his rights. Code of Lo. 536. The lawyers employed to make this book. 1 Liverm. he is responsible for the consequences. or. third. That which has been established and settled by law for the public good. on account of the want of arrangement and the diffusion with which his books are written. 8. for the obvious reason that they may be presumed to be secret and of a confidential nature. 2. Com. This word signifies the meaus used and formality employed to prepare a case for trial. 3. Orders given by a principal to his agent in relation to the business of his agency. Dig. 2. The commencement of an action. A B has instituted a suit against C D. and show an easy way to the obtaining of the knowledge of the law. Scotch law. des Donations Testamentaires. TO INSTITUTE. so called. l. ii. the American institutions guaranty to the citizens all privileges and immunities essential to freedom. and lib. t. Agency. This work has been much admired on account of its order and Scientific arrangement. 368. however. The Institutes of Justinian are divided into four books: each book is divided into two titles. Dict. The principles or first elements of jurisprudence. instruction. Instructions are given as applicable to the usual course of things. 2. 361. page 95. L. by a lawyer of that name. and each title into parts. INSTITUTION. by order of the emperor Phocas. as. INSTITUTES. Ersk. composed by the celebrated lawyer Caius or Gaius. law. or the heirs of tailzie. c. l. Vide 1 Kent. Merl. 28. in the. 4 Binn. R. 3. Profession d’Avocat tom. bear but little the character of Institutes. Poth. Contracts. it is generally applied to criminal cases. and of actions. to recover damages for a trespass. are an abridgment of the Code and of the Digest. Encyclop‚die de d’Alembert. but they are not required to make inquiry of the agent as to any private instructions from his principal. because they are. published an edition with valuable notes. an inastitute is one who is appointed heir by testament. 4. 4. and the remainder of the fourth book. INSTITUTION. 6. who lived during th e reign of Marcus Aurelius. masters and instructors to the. To name or to make an heir by testament. the rest. INSTITUTION OF HEIR. French law. Tr. 5. and received the sanction of statute law. The late Judge Cooper. p. It is too little known and studied. were Tribonian. 442. who is called the substitute. 2. INSTRUCTION. as regards third persons. The first book treats of persons. which. The Institutes of Justinian. Scot. Many books have borne the title of Institutes. unless he is justified by matter of necessity. 3. of things. 124. The work was first published in the year 533. as. eccl. t. and is then called criminal. The first part is called principium. 5 Bing. those which follow are numbered and called paragraphs. 538. 5. composed in Greek. it is the duty of persons dealing with an agent to ascertain the nature and extent of his authority. are the Institutes of Lord Coke. political law. Among the most celebrated in the common law. 5. 28. and particularly to merchants. Instructions differ materially from authority. because it is the commencement of the title. of things.. Dig. practice. h. When a written authority is known to exist. 1. which presents. Pr. and therefore not to be communicated to third persons. of actions. civil law. civil law the most generally known are those of Caius. and is required to give the estate devised to another person. at a single glance. and Dorotheus. de Jurisp. h. as it were. See Tailzie. and Theophilus. 28. h. 8. Theophilus. composed by order of that emperor: his intention in this composition was to give a summary knowledge of the law to those persons not versed in it. R‚pert. Heir of. tit. _4. Civ. the whole jurisprudence of the Romans. 1598. by the nature of the transaction. to commence an action. INSTRUCTIONS. ignorant. In the civil law. INSTITUTION. art. law. The person first called in the tailzie.
if they are given to perform an unlawful act. 2 Marsh. 368. accounts. 15−19. the owner of the legal estate has an insurable interest. 174. 1 Bouv. but the contract itself may be void on account of fraud. Co. 132. and the various complicated rights which different persons may have in the same thing. even under instructions. on account of his equity. Ins. 4 Binn. 403. 361. Instructions must be lawful. Marine insurance relates to property and risks at sea. p. The risks and losses insured against. 1 Pet. 4 Wash. The auditors in settling his account say there remains so much insuper to such accountant. when a ship is mortgaged. As instructions are applicable only to the ordinary course of affairs. 487. practice. But the lawfulness of such instruction does not relate to the laws of foreign countries. This word is properly applied to designate that kind of evidence. INSURABLE INTEREST. Vide Ayl. 3 Chit. INSURANCE. 117. That right of property which may be the subject of an insurance. on Ag. . are fire policies. The writing which contains some agreement. The policy of commerce. 132. when goods on hand are perishable and perishing. INSULA. In the Roman law the word is applied to a house not connected with other houses. Pr. as. 284. 23. It is more fully defined to be a contract by which one of the parties. to the houses or things insured. they may be transferred to another port. 441. 183. Stud. A contract by which the insurer. 2. C. where such is the practice. Eunom. 244. _43. 1 Marsh. 489. An island. 193. p.. INSUFFICIENCY. as apparent by his account. either in a gross sum or by annual *payments. and perhaps necessarily implied in every mercantile agency. has also an insurable interest. Re−Insurance. risks or perils. Confl. INSUPER. or when they are accidentally injured and must be sold to prevent further loss. or binds himself to pay him. As to the construction of letters of instruction. Pr. may be at liberty to insure them. INSTRUCTIONS. not to make any unnecessary attack upon a party or witness. INSTRUMENT. the agent is not bound by them. 2. 1 Liv. Dial. require that not only those who have an absolute property in ships or goods. R. as court rolls. 151. c. binds himself to the other. part 3. Story on Ag. _245. For a form of instructions. C. 2. _74. the events or causes to be insured against. R. Ins. is called fire insurance. Insurance of the lives of individuals are called insurances on lives. Story on Ag. and the like. 1. provided for in a general or special manner in the contract. n. ad voc. in deviating from them. For example.. have a qualified property in them. Ins. Instructions to counsel are their indemnity for any aspersions they may make on the opposite party. 1 Burr. and the various contracts in such cases. B. Vocab. 218. 1 Stuart’s L. & J. 551. The agreement and the instrument in which it is contained are very different things. INSTRUMENTA. _195. 381. but attorneys who have a just regard to their own reputation will be cautious.are naturally. Park. _85. Parerg. 118. insurance of property on shore against fire. The statements of a cause of action. to pay him a sum of money. or if they are in imminent danger of being lost by the capture of the port where they are. are sent to his pleader to put into legal form of a declaration. and which. C. 2. or otherwise indemnify him in case of the happening of a fortuitous event. goods. and 120 n. p. Dunl. R. The balance due by an accountant in the exchequer. C. on Ag. but those also who. called the insurer. are "all losses or damage by fire. given by a client to his attorney. 220. Calvini Lex. Vide Double Insurance. It is defined to be a contract of indemnity from loss or damage arising upon an uncertain event. The instrument by which the contract is made is denominated a policy. Litt. law. 8. 588. R. R. Story on Ag. 2. but separated by a surrounding space of ground. 3 Tho. and the thing insured. 3. 104. 4. 1 Liverm. called the insured. 2 Crompt. 4 Campb. in cases of extreme necessity and unforeseen emergency. by fire. of Laws. and is so called because it has been prepared as a memorial of what has taken place or been agreed upon. Law. in consideration of a premium which the latter pays. the agent will be justified. and the mortgage has become absolute. undertakes to indemnify the insured against all loss or damage which he may sustain to a certain amount. 1174. Ad. The instrument or form of the contract may be valid. for example." during the time of the policy. 305. Vicat. the subject or insurable interest. Com. 163. Story. Latin. 2. or merchandise. See 20 Pick. mentioned in the policy. Inst. Pardess. contracts. INSURANCE AGAINST FIRE. 259. on Ag. 1 Liverm. Eng. n. in consequence of a certain premium received by him. during the time agreed upon. in his house or other buildings. For such unjustifiable conduct the counsel will be held responsible. and the mortgagor. 1 Knapp. t. the latter being only evidence of the existence of the former. 2 Wash. see 3 Chit. stock. 784. C. Warr. not enough. C. What is not competent. contracts. C. which consists of writings not under seal. see 3 Wash.
He differs from a rebel in this. 360. contracts. R. In almost every life policy there are several exceptions. 1 Bos. but for all damages and injuries. 470. which ought not to be on fire. 2. MARINE. 631. 5 T. Phill. 518. Death by suicide.. 2. either in a gross sum or periodical payments. during a certain voyage. previous to the policy being issued. contracts. part 4. 763. or any military. Death by duelling. 571. (q. and reasonable charges attending the removal of articles though never touched by the fire. Pardess. v. 1 Marsh. 2 Marsh. Death by the hand of justice. The Constitution of the United States. Ins. 1.. 2. that is. while nothing has taken fire. All persons. though the loss arose from a cause unconnected with the misrepresentation. 650. Vide Marsh. or cargo. Death abroad. Vide Kent. t. if the insurance be for the whole life. n. 203. others to the case of insurance of one’s life. Marsh. or accident. 626. INSURRECTION. it will avoid the contract. not rebels. it is not sufficient that there has been a great and injurious increase of heat. The subject insured must be an insurable legal interest. t. contracts. INSURGENT. For the Construction of these provisoes. or one who unjustly opposes the constituted authorities. The insurers are liable not only for loss by burning. undertakes to pay the person for whose benefit the insurance is made.. 771. Ins. The contract requires the most perfect good faith. 5. 5. 2. Lecture. in consideration of a premium paid. citizens. 5th ed. or civil commotion. tumult. Park. Wesk. 4 Taunt. Assureur. which avoids the contract. h. There must be an actual fire or ignition to entitle the insured to recover. 766. art. The loss must be within the policy. See 1 Beck’s Med. It is the duty of the insured to pay the premium. The person who procures an insurance on his property.m.3. Com. 2. neglect. or aliens. to hi. Index. Com. Ins. whether natives. − 3. Pardessus. undertakes to indemnify the other against certain perils or sea risks. if the insured make false representations to the insurer. R. a stipulated sum. h. within the time insured. The insurance of a life is a contract whereby the insurer. Com. Ins. et seq. 6. to which his ship. 4. 1. Ins. gives power to congress " to provide for calling forth the militia to execute the laws of the Union. − 2. or usurped power whatsoever. Marsh. s. or at sea. c. insurgent may be one who justly opposes the tyranny of constituted authorities. Park on Insurance. 756. Index. 5. t. Jur. whenever this shall happen. Ins. 48. 1 Bell’s Com. 10. 10. see the articles Civil Commotion and Usurped Power. This contract is usually reduced to writing. 5. t. t.. R. in order to procure his insurance upon better terms. INSURANCE. which may influence the determination of the underwriters in undertaking the risk. 4. Index. may be insured. t. 4." . Entering into the naval or military service without the previous consent of the insurers. Boulay−Paty. Dr.h. Commercial. 4 Campb. The last three are not understood to be excepted when the insurance is on another’s life. and to represent fully and fairly all the circumstances relating to the subject−matter of the insurance. Boulay−Paty. Dr. contracts. without any fraudulent intention. with the exception of alien enemies. 464. as to fire occasioned "by invasion. or an annuity equivalent thereto. in consideration of a certain premium. upon the death of the person whose life is insured. t. A concealment of such facts amounts to a fraud. 6 East. foreign enemy. of the age and state of health of the person whose life is insured and the party making it is bound to the truth of it. Park. 3. Park. 3. for a stipulated premium. some of them applicable to all cases. Generally there is an exception in the policy. h. freight. & P. Ins. as upon goods on board any ship or ships. the instrument is called a policy of insurance. Ins. and repel invasions. or without naming any. 4. R. − 1. 429. The colonists who opposed the tyranny of the English government were insurgents. or a fixed period of time. suppress insurrections. that rebel is always understood in a bad sense. Dr. Ins. The exceptions are. t.) 3. The insurance may be of goods on a certain ship. 3 Kent. Marine insurance is a contract whereby one party. It is his duty to pay any loss which has arisen on the property insured. INSURER. 8. 7. The insured is required to make a representation or declaration. INSURED. art. or secured to be paid.. Ins. or estimating the premium." and in some there is a further exception of riot. INSURANCE ON LIVES. 5th ed. One who has obliged himself to insure the safety of another’s property. h. or some of them may be exposed. 695. Com. One who is concerned in an insurrection. A rebellion of citizens or subjects of a country against its government. or the concealment happened through mistake. 1 Bell’s Com. or in case this shall happen within a certain period if the insurance be for a limited time.
5. for the purpose of going to New Orleans. It is a universal rule. 1795. more or less forcibly. although punishable in foro. namely. an intention to pass counterfeit bank notes. − 3. Law. C. INTAKERS. as. 2 Stark. INTENDMENT OF LAW. for example. P. or scene of action. most convenient to the place of danger. Every crime must have necessarily two constituent parts. without any overt act towards its commission. to such officer or officers of the militia as be shall think proper. 203. Co. be an intention to make it a person non compos mentis. that every one will act for his own advantage. vide Bastardy. for example. and wills. a presumption or inference made by the courts. Hale. as may be applied for. command such insurgents to disperse. or direction of some office. S. it shall be lawful for the president of the United States to call forth the militia of such state. it is provided: _1. V. INTENDED TO BE RECORDED. The intention is to be proved. 517. − 1. or which is the necessary and immediate consequence of his act. Index. 18. until the expiration of thirty days after the commencement of the then next session of congress. by proclamation. in actions founded on malicious injuries. and an intention. Litt. 54. C. 6. at New York. 10. That whenever the United States shall be invaded. in making contracts. and to issue his orders. 5. from any foreign nation or Indian tribe. 5 Co. but if his intention was to levy war against the United States. but intendment cannot supply the want of certainty in a charge in an indictment for a crime. law. many things are intended after verdict. Exteriora acta indicant interiora animi secreta. conscientiae. Fost. The same rule prevails in numerous civil cases. 15. within a limited time. 1 21. on application of the legislature of such state. 1 Car. an act forbidden by law. C 25. (when the legislature cannot be convened. U. Dig.) to call forth such number of the militia of any other state or states. 146. by combinations too powerful to be suppressed by the ordinary course of judicial proceedings. vide Innocence. as he may judge sufficient to suppress such insurrection. Com. It is an intendment of law that every man is innocent until proved guilty. But. or it is inferred by the law. in some cases. Dane’s Ab. The time given to receivers of goods stolen in Scotland. Reg. that a man shall be taken to intend that which he does. it has been construed to be a covenant. or of any other state or states. Pleader. on the part of the grantor. and to cause the laws to be duly executed. there must. Fin. Hale. Intention is required in the commission of crimes and injuries. 449. The true meaning. 133. 3. − _2 That. This phrase is frequently used in conveyancing. 132. In order to make a contract. by a wrongful and malicious intention. INTEGER. of the militia of the state. 9 H. That whenever it may be necessary. h. the inference of intention necessarily arises from the facts. 4. 14. 24. whenever the laws of the United States shall be opposed. it shall be lawful for the president of the United States. malice will generally be inferred by the law. 4. In Pennsylvania. c. department. 2. 14 Vin. 177. or of the executive. Law. or determination of the mind. Res integra means a question which is new and undecided. 202. if he went with an intention to perform a lawfull act. One who has the charge. who take them to England. Max. as may be necessary to suppress such combinations. in any state. or the execution thereof obstructed. or intention of the law. 3 M. the particular intention. who has . 2 Rawle’s Rep. are the children of the hushand. 1 Story’s L. 389. 739. management. 229. to the Civ. Law Rep. against the government thereof. in order to support a judgment. is not a crime or offence for which the party can be indicted. in cases of homicide. INTENTION. and S 31. The act is innocent or guilty just as there was or was not an intention to commit a crime. 332. P. in deeds which recite other deeds which have not been recorded. in the judgment of the president. therefore. A design. that every officer acts in his office with fidelity that the children of a married woman. to procure the deed to be recorded in a reasonable time. Car. Whole. vide Com. 1 Harris. the correct understanding. And in case of an insurrection in any state. The existence of the intention is usually matter of inference. & S. for that purpose. 78. 8 Co. 70. 2. vide Assent. a man embarks on board of a ship. if necessary. and proof of external and visible acts and conduct serves to indicate. and the use of militia so to be called forth may be continued. the president shall forthwith. − 2. 116. or by the powers vested in the marshals by this act. 2 Kent. knowing them to be counterfeit. or states. untouched. Vide Malice’ and Jacob’s Intr.. or public business. 27. But a bare intention to commit a crime. it is necessary to prove that the act was accompanied. Cro. Ab. INTENDANT. Eng. to use the military force hereby directed to be called forth. for instance. Dig. as he may judge necessary to repel such invasion. it shall be lawful for the president of the United States to call forth such number. and retire peaceably to their respective abodes. 1 Halst. or be in imminent danger of invasion. t.3. resolve. he is perfectly innocent. he is guilty of an overt act of treason. By the act of Congress of the 28th of February. Ev. born during the coverture.
277. It is a rule that a fee cannot pass by grant or transfer. The will. 4 Ves." 6 Pet. & R. or those having a right of common of both. 295. among. the interdict was merely personal in its effects and it had also another similarity to it. it being a maxim that where two opposite intentions are expressed in a contract. But this rule does not ’apply to simple contracts inter partes. and 4. on Contr. 3 D.no contracting mind. Like an injunction. 63. see Gifts inter vivos. 245. Between other parties. Dane’s Ab. and C D alone can sue for the non−payment. on Contr. and is. This being a solemn declaration. which is a gift made by one living person to another. Ev. signed by the grantor only. 7 M. Where the commons of two manors lie together. Literally. and C D of the other. and when such intention is ascertained. between the dog and the wolf. so that should a stipulation be found in the body of a deed by which "the said A B covenants with E F to pay him one hundred dollars. and to exchange them. R. and the inhabitants. & IV. 2 D . Vocab. which forbade or enjoined the parties in a suit to do something particularly specified. Halif. Eng. 267.. eccles. before all things.. See 5 Co. a deed. 58. Ps. An ecclesiastical censure. E Jur. and serious exercise of the reasoning faculty. Rand. St. Vide. for example. generally. being in direct contradiction with what was previously declared. 30. on Perp. connexion by reciprocal dealings between persons or nations. to be made between such and such persons as. 3. 415. R. Addis. Rob. 3 Inst. and in every respect moderate and direct the same. between living persons. by being temporary or perpetual. Com. A 1.. and meaning of the testator ought. which inter alia. Dig. Carth. Titius granted to Caius. thereof. 196. Index. on Contr. & Ell. _285. 207. enlarge and restrain it. Rep. Conv. Among themselves. law. unless they have been used to denote for whose benefit the stipulation may have been made. 43. When there are more than two sides to a contract inter partes. among others. 1. of the first part. indeed. a gift inter vivos. unless it be in opposition to some unbending rule of law. INTERCOURSE. See Story. INTER SE INTER SESE. law. Between. 8 Taunt." &c. Vide Gift. 3 Lev." It is true that every contract is in one sense inter partes. Formerly when deeds of land were made. INTER CANEM ET LUPUM. between A B of the one part. there is no objection to one covenanting with another in exclusion of the third. inter alia. it was usual to make two deeds exactly similar to each other. 121. Vide Injunction. by which divine services are . 6. were constantly inserted. therefore. on Est." says Swinb. "the said premises. and the wolf his prey. without appropriate words of inheritance. v. of the third. because to be valid there must be two parties at least. C D. the first in order shall prevail. " It is written. INTER PARTES. enter into any engagement which requires an intention. as. and E F. Communication. 182. Fr. inter vivos. 256. INTERCOMMONING. to be sought for diligently. have time out of mind depastured their cattle. Bl. it must prevail. 320. Story on Part _405. in the attesting clause. S. 865. for example. and the practice has continued. Metaphorically. Roll. Civ. Occupancy. where there Were covenants to be performed on both sides. is to make all the covenants. 6 Cruise’s Dig. Elem. OR INTERDICTION. being found. the twilight.. Law. the effect of such introduction. made the _____ day of _____ 1848. Jac. N. & R. 7 Penn. p. 3. see article Inhabitant. and. as. t. ch. In witness whereof the parties have hereunto interchangeably set their hands. 116. who are strangers to the proceeding in question. 2 Prest. 95. 3 Ves. 105. as. therefore. civil Among the Romans it was an ordinance of the praetor. as by interchange of commodities. 2 Stark. signifies an agreement professing in the outset. Pand. h. although the deed is. in most cases. and a codicil ought to be taken as a part of the will. 8 Mod. or letters. 6 Vicat. 7. 68. As to intention in changing a residence. in a technical sense. Hein. 4 Ad." INTER ALIOS. the very efficient cause. 9. Cro. Index h. without any distinction." the words "with E F" are inoperative. Addis. INTERDICT. of the second. Among other things. because then the dog seeks his rest. cannot. 76. INTER VIVOS. t. INTERCHANGEABLY. 138. 273 Addis. 64. INTERDICT. INTER ALIA. 610. Pand. " This Indenture. 1 Show. and before any stipulations are introduced. treaties. This. for to make a contract the law requires a fair. comprised in a deed to be covenants between the parties and none others. t. h.. Between living persons. INTER. because the will doth rule the testament. contracts. until it should be decided definitely who had the right in relation to it. In wills and testaments. 63. the words. commerce. 2. 1. the intention of the testator must be gathered from the whole instrument. inter vivos. but the technical sense of this expression is as above mentioned. " that the will or meaning of the testator is the queen or empress of the testament. as when it is made between A B. − 3. 244. ought to be observed faithfully. h. 10. this is called intercommoning.
and for the administration of the immovable estate of the defendant. but should deny them fire and water. if the same shall have once been rejected. Formerly those persons who were banished for some crime. Every interdiction shall be pronounced by the judge of the parish of the domicil or residence of the person to be interdicted. INTTERDICTED OF FIRE AND WATER. by the party. is imposed by a sentence of a competent tribunal.prohibited either to particular persons or particular places. If the insane person has no relations and is not married. and by the petitioner. − 383.− 384. are null. which disqualifies the party on account of imbecility. The interdiction takes place from the day of presenting the petition for the same. by the judgment order was given that no man should receive them into his house. 393. The Civil Code of Louisiana makes the following provisions on this subject: Art. in order to ascertain the state of his mind. shall be allowed to take charge of his own person or to administer his estate. appear to have the possession of his reason. These tyrannical edicts. if he deems it proper. madness. unless new facts. and question or cause to be questioned. or if his relations or consort do not act. All acts done by the person interdicted. happening posterior to the sentence. and this duty is imposed upon him who shall be appointed curator of the person interdicted. the person whose interdiction is petitioned for. were interdicted of fire and water. shall be provisionally executed. both in the French and English languages. if the interdiction prayed for shall not be pronounced. and deprives the person interdicted of the right to manage his affairs and receive the rents and profits of his estate. 3. 389. shall be alleged. have contracted with the person interdicted. 386. or made known by advertisements at the door of the court−house of the parish of the domicil of the person interdicted. an administrator pro tempore. if they deem it necessary. without the consent of his curator or interdictor. insanity or fury. notwithstanding the appeal. must be proved to the satisfaction of the judge. or cause such person to be examined by pbysicians. The acts of madness. under the penalty of being answerable for all damages to such persons as may. No petition for interdiction. in order to obtain their report upon oath on the real situation of him who is stated to be of unsound mind. the person whose interdiction is petitioned for. issued by ecclesiastical powers. from the date of the filing the petition for interdiction until the day when the same is pronounced. INTERDICTION. 382. 390. On every petition for interdiction. voluntary or judicial. the cost shall be paid out of the estate of the defendant. and so has every hushand a right to petition for the interdiction of his wife. . the interdiction may be solicited by any stranger. Every judgment. or judicial interdiction. although such person shall. A legal restraint upon a person incapable of managing his estate. duty of the judge to name. the two necessary elements of life. The latter. 392. at times. that he may be enabled to pronounce the interdiction. if one be not already named. In case of appeal. or prodigality. 5. have never been in force in the United States. as above provided. civil law. whom it shall be the. Every relation has a right to petition for the interdiction of a relation. from signing any deed or doing any act to his own prejudice. 385. 391. the appellate court may. No person above the age of majority. in at least two of the newspapers printed in New Orleans. after having heard the counsel of the person whose interdiction is prayed for. Every sentence of interdiction shall be published three times. because of mental incapacity. who is subject to an habitual state of madness or insanity. 387. 388. 2. and this proof may be established. as well by written as by parol evidence and the judge may moreover interrogate or cause to be interrogated by any other person commissioned by him for that purpose. through ignorance. or other skilful persons. shall be acted upon again. proceed to the hearing of new proofs. Pending the issue of the petition for interdiction the judge may. and every wife of her hushand. that is. appoint for the preservation of the movable. Interdictions are of two kinds. or pronounced ex officio by the judge. 394. if he shall be interdicted. by which an interdiction is renounced. The first is usually executed in the form of an obligation by which the obligor binds himself to do no act which may affect his estate without the consent of certain friends or other persons therein mentioned. 4. and shall be performed within a month after the date of the interdiction.
that they believe the departure necessary to the health of the person interdicted . She is not bound to give security. he may order him to be confined in safe custody. or in which the proof of the want of reason results from the act itself which is contested. owing to certain infirmities. The income of the person interdicted shall be employed in mitigating his sufferings. are at an end and he shall give an account of his administration to the curator. is of course under the curatorship of her hushand. Nevertheless. mode of rendering the accounts. After the death of a person. concerning the oath. − 409. the validity of acts done by him cannot be contested for cause of insanity. after which time the curator may petition for his discharge. meaus that the insanity was generally known by the persons who saw and conversed with the party. 396. The wife may be appointed curatrix to her hushand. it shall be the duty of the judge of the palish of the doimcil or residence of the person interdicted. − 411. shall be annulled except where it shall be proved that the cause of such interdiction notoriously existed at the time when the deeds. the commission on the revenues. 407. apply with respect to the person interdicted. except in cases in which mental alienation manifested itself within ten days previous to the decease. previous to the death of such person. or indeed. to reckon from the date of the judgment of interdiction. Interdiction ends with the cause which gave rise to it. 404. Interdiction can only be revoked by the same solemnities which were observed in pronouncing it. 408. 8. like the minor who has not arrived at the age of puberty. or that he be placed in a bettering−house. Nevertheless. if she has. if he shall not have been appointed curator. were made. Such persons shall be placed under the care of a curator. the inventory and the security. 401. who is interdicted. to appoint a curator to his person and estate. and the other obligations. 399.395. Not only lunatics and idiots are liable to be interdicted. and vice versa. until after the definite judgment by which a repeal of the interdiction is pronounced. and according to the amount of his estate. 405. or wife with respect to her hushand. This appointment is made according to the same forms as the appointment to the tutorship of minors. but likewise all persons who. 9. − 410. in this article. are incapable of taking care of their persons and administering their estates. He who petitions for the interdiction of any person. and on the opinion delivered under oath of at least two physicians. and fails in obtaining such interdiction. if he be so deranged as to be dangerous. with the advice of a family meeting. and in accelerating his cure. 402. the relations in the descending line with respect to the relations in the ascending line. the duties of the administrator. After the appointment of the curator to the person interdicted. pro tempore. Notoriously. the dowry or advance of money to be drawn from his estate is to be regulated by the judge. unless his interdiction was pronounced or petitioned for. the judge may order that the interdicted person he attended in his own house. 397. and the rules respecting the guardianship of the minor. the person interdicted cannot resume the exercise of his rights. No one. The married woman. According to the symptons of the disease. could not have been deceived as to the situation of his mind. can be compelled to act as curator to a person interdicted more than ten years. the mode of administering the sale of the estate. if there has been no appeal from the same. or that the party who contracted with the lunatic or insane person. 403. given on the recommendation of a a family meeting. The person interdicted is. the excuses. or if there has been an appeal. the relations in the ascending line with respect to the relations in the descending line. in such case. with respect to his wife. The person interdicted cannot be taken out of the state without a judicial order. or one of a nature to be pursued or defended jointly with his. in every respect. No act anterior to the petition for the interdiction. may be prosecuted for and sentenced to pay damages. to cause to be appointed by the judge. the necessary qualifications. both as it respects his person and estate. in other respects. who may appear for the wife in every case when she may have an interest in opposition to the interest of her hushand. the exclusion or deprivation of the guardianship. except the hushand. 400. it is the duty of the hushand. then within a month from the confirmative sentence. who shall be appointed and shall administer in conformity with the rules contained in the present chapter. under which the person interdicted labors. 6. 7. the validity of which is contested. When any of the children of the person interdicted is to be married. 398. under the penalty against the curator of being removed in case of neglect. Within a month. a curator ad litem. 406. if he shall have acted from motives of interest or passion. There shall be appointed by the judge a superintendent to the person interdicted whose duty it shall be .
It must be a present. from the information he receives. whenever he wishes to see him. Leach. 57. arising from relationship. 36. Dane’s Ab. which right is called his interest in the term. 154. 287. With regard to the quality. 2 T. − 2. of the state of the health of the person interdicted. 11. 144. − 1. an interest extends to estates. 5. Vide Ray’s Med. 108. Marsh. 5 T. 1 H. 46. Vide Insurance. Interdiction is not allowed on account of profligacy or prodigality. 3 S. or the verdict must be lawful evidence for or against him in another suit. 480. 3.to inform the judge. 37. The magnitude of the interest is altogether immaterial. 25. the mortgage becomes absolute. Tr. on account of his equity. 40 and see 1 T. To be disqualified on the ground of interest. Cas. or interesse termini. It is not easy to give all accurate definition of insurable interest. Wms. 9 East. 2 St. 6 Binn. R. Ev. 11 John. and assign the benefit of this insurance to others having thus or otherwise an interest in his life. 163. yet if his interest is equally strong on the other side. 12. 96. and the mortgagor. 5th ed. but gives him a mere right of entry on the land. 2. Ins. 13. Habitual Drunkard. Co. 188 1 Burr. may be at liberty to insure them. 3. has also an insurable interest. and no more. & R. 891. how an interested witness can be rendered competent. − 3. which would decrease it.. 61. 15. C. 3 Day. 83. 5 John. 1 Serg. Ins. 629. INTEREST. the witness is reduced to a state of neutrality by an equipoise of interest. 46. 224. 174. − 413. contracts. 10. 3 John. 317. l M. The demise of a term in land does not vest any estate in the lessee. vested interest. By the term benefit is here understood some pecuniary or other advantage. 3 Camp. or the record must be an instrument of evidence for or against him. 1 Phil. Dougl. 72. 1 Hagg. For example. To this end. 4 Binn. evidence. INTEREST. h. the interest must be legal. p. 1 Wash. 1 Burr. as contradistinguished from mere prejudice or bias. It will be proper to consider this matter by taking a brief view of the thing or subject in dispute. Stark. ch. 165. This visit shall be made at times when the curator is not present. Jur. INTEREST. & S. 96. 2 Vern. after. The right of property which a man has in a thing. but be may insure the life of another in which he may be interested. Litt. which if obtained. 9. 385. 82. 2 Hawk. Litt. and the objection to his testimony ceases. 2. 134. 10 Vin. Eccl. Prin. chap. s. But an interest in the question does not disqualify the witness. the superintendent shall have free access to the person interdicted. R. 7 T... 4 John. First. there are some exceptions. And it must have been acquired without fraud. 5 John. It is a general rule that a party who has an interest in the cause cannot be a witness. 13 Mass. 4. Index. Ev. in legal understanding. t. 12 Wend. Although the witness may have an interest. 480. Index. or any of the numerous motives by which a witness may be supposed to be influenced. 380. certain. 266. It is the duty of the judge to visit the person interdicted. R. 1 Caines. 2 Greenl. It is a word of less efficacy and extent than estates. R. when an interested witness can be examined. require that not only those who have an absolute property in ships and goods. even a liability for the most trifling costs will be sufficient. 401. 36.. 6. 132. Watk. Marsh. t. 745. 200. 507 16 Wend. 489. Vide Co. the quality of interest. 1 Bell’s Com. he shall deem it expedient. t. The right which a man has in a chattel real. 744. 409. h. the owner of the legal estate has an insurable interest. rights which different persons may have in the same thing. when the interest must exist. when a ship is mortgaged. or some loss. estates. 345. Index. & M. t. − 412. pt. 2 Yeates. & R. whenever. 334. and not uncertain and contingent. To the general rule that interest renders a witness incompetent. and of the manner in which he is treated. 10 Pick. R. estates. 168. 7 Mass. 1 Pet. 256. 25. 83. The policy of commerce and the various complicated. 25. Com. 4. a reversion as well as the fee simple shall pass. 348. 397. at least once in three months. C. h. 1 T. A man may not only insure his own life for the benefit of his heirs or creditors. Ab.. but those also who have a qualified property therein. R. Rep. 2 P. friendship. h. INTERESSE TERMINI. 6 Meeson & Welshy. 302. 2 Bl. An interest in the term. Park. . 171. Rep. and more particularly in a future term. R. which is the object of the interest. the quantity of interest. 13 Mass. − 4. 255. Ins. commonly called insurable interest. so that by a grant of his whole interest in land. Committee. the witness must gain or lose by the event of the cause. rights and titles which a man has in or out of lands. 194. though. Com. would increase the. The benefit which a person has in the matter about to be decided and which is in issue between the parties. 16 Pick. witness estate.
381. 298. Pl. executed either by the witness. 90. 1 Johns. 12. 230. C. 3. either expressly or by implication. administrators. although he has afterwards acquired an interest. 194. − 6. 32. without any release from the master. − 4. 140. Dec. 548. n. R. Rep. Ch. − 2. 789. In some instances the law admits the testimony of one interested. Id. upon this ground the servant of a tradesman is admitted to prove the delivery of goods and the payment of money. 11 Mass. − 2. by Raithby. 349. 1. Id. In Pennsylvania the heir at law is not bound to pay interest on a mortgage given by his ancestor. 839.C. See Benth. 85. Ev. & R. R. Id. 11 Ves. was allowed interest at the compound rate. 3 Munf. 4. Vin. The lender upon an express or implied contract. 787. 1 Hare & Wall. The contractor himself. jr. 198. or by those who have a claim upon him when his testimony would be evidence of his liability. R. 535. 205. 2 Esp. from the extreme necessity of the case. 1 Ves. R. are chargeable with interest. 2 Ves. 7. if not paid when presented for payment. 1 Dall. pl. 289. iv. 30. 404. 4 Ves. 1 Eden. Who is bound to pay iuterest. independently of the statute of 1809. 208. 1 Hayw. 1 Wash. 1 Pick. & Rawle. Rate of interest in the different states. P. 9. 5 Munf. 106. 857. 6 Binney’s Rep. Tenant for life must pay interest on encumbrances on the estate. − 5. jr. who have kept money an unreasonable length of time. Sel. and (z). C. 1 Dall. Id. 1 P. 266. 1 Desaus. pt. he or his personal representatives having assets are bound to pay it. N. 6. jr. 1 Ves. 757. 1 Hoff. But if a party has accepted the principal. it has been determined that he cannot recover interest in a separate action. 3 Meriv. iv. 228. 1 Atk. Wms. As to the distinction between executors and trustees. And. When the debtor expressly undertakes to pay interest. 389.481. 4. 14. 7 Ves. Sel. Parl. 1 Supp. 50. Revenue officers must pay interest to the United States from the time of receiving the money. 620. 6. 322. 1. 1 Vern. 16 Mass. 245. (y). 761. 3 Johns. 849. 375. 241. S. Rep. pl. 119. First. pl. 2 Mass. Co. 8. & Wall. R. 4 Hen. 508. 3 Bro. Ch. 11. to render the witness disqualified. − 3. 2. see 3 Johns. A deposition made at a time when the witness had no interest. 2 Burr. R. 156: 5 Ves. 490. 433. 2. Id. and trustees. to Ves. 10. 235. INTEREST FOR MONEY. 463. 1 Ball & Beat. 2 S. 4 Serg. see 1 Supp. 1 Serg. 8 Mass. 2. & Munf. Rep. 234. R. First. 2 Call. 1 Bro. 349. tit. 266. Secondly. Secondly. 415. 620. _1. 63. When it will be barred. Ch. 2 Dall. Ev. On what claim it is allowed. 2 Ch. 445. he advanced his own in payment of debts of the testatrix. St. Chan. 1 Hare & Wall. 13 Mass. 73. 33. 2 Hen. 127. 226. 628−692. Id. C. C. n. 21. 4. to Ves. 3 Call. Stark. Coxes note to Fellows v. 359. & Rawle. 1 Dall. 102. R. 13. & Walk. 527. Stark. 193. N. 15 Ves. 5 Bro. assignees of bankrupts or of insolvents. 2 Bro. 1. 2 Vern. n. 1 Dall. 27. 163. Mitchell. An executor was not allowed interest in a case where money due to his testatrix was out at interest. 6 Penn. The compensation which is paid by the borrower to the lender or b the debtor to the creditor for its use. . Id. may be read in evidence. 116. 345. 71. On express contracts. 1 Esp. 238. 8. to pay interest. 4 Desaus. 3 Caines’ Rep. 1 Jac. pt. and have made or who might have made it productive. Ev. C. 2 Litt. contracts. 1 Binn. 452. On money lent. 232. It is proposed to consider. R. and the cases there collected. The objection to incompetency on the ground of interest may be removed by an extinguishment of that interest by means of a release. In Massachusetts a trustee of property placed in his hands for security. − 5. Bunb. 504. Stark. 3 Caines’ Rep. 89. n. 61. Interest. p. 9. when he would receive an advantage by his testimony. must exist at the time of his examination. & Munf. Rep. Ab. See 1 Camp. 4 Ves. 108. − _1 Who are entitled to receive interest. 530. 87. 3. 1 Vern. and Balance. 4. The objection may also be removed by payment. Who is entitled to receive it. 236. 315. On express contracts. or laid out for another’s use. 2 Atk. 1 Jac. C. 16. n. 119. In Massachusetts a bank is liable. where he combats the established doctrines of the law. The interest. 122. 223. On what claims allowed. Ca 71. R. who has agreed. 538. c. 1 Bibb. Dec. 6. 4 T. 2 Bl. 241. 3 Binn. 470. 5. who was obliged to advance money to protect it. to pay interest on their bills. jr. Rationale of Jud. 7. 8. 1077. 7 Mass. Who is bound to pay interest 1. C. 121. 43. 1 Conn. 346. On implied contracts. P. 152. 13. Cas. pt. Ev. 702. How it is computed. is of course bound to do so. − _3. 1 Binn. On implied contracts. 182. 110. 197. as to the exclusion on the ground of interest. 3: Id.. see Mr. 220. 9 Johns. Rep. On legacies. 7. 3 Wils. Secondly. 303. C. C. 488. 6 Binn. 7. Executors. 5. thirdly. and before money came to his hands. What interest is allowed. 1. 3.
Where. n. 579. − 12. the legatee will be entitled. 209. 27. − 10. 284. − 13. 20. 15. 50. 26. from the course of dealing between the parties. Wms. 19. R. Of interest on legacies. 9 Mass. paid either to a principal. 5. But interest is not due for unliquidated damages. 931. 409 25. Rep. 2 Ld. 16. 470. 5 Binn. 504. 754. Id. 8 Bro. 84. 264. however. or contingent. 221. 4 Bro. Where. no payment will be due till the end of the second year. Vend. 3 Ves. S. 4 Ves. or a promissory note. 29. 2 Burr. 1. Rice. pl. 443. 22. 52 3 Bro. 496. 31. But when that period arrives. 761. or on a running account where the items are all on one side. 9 Berg. 2 Camp. c. by the terms of a bond. for the interest the plaintiff must bring an action. Prec. 162. 3. Where a general legacy is given. S. & Rawle. 1 Str. and that notwithstanding the legacies are vested. Ev. Exch. 752. C. 177. On purchase money remaining in purchaser’s hands to pay off encumbrances. 14 Mass. & P. 2 Blackf. is not payable till the end of one year after testator’s death. after the customary or stipulated term of credit has expired. interest on the whole becomes payable from the first default. On money paid by mistake. See 1 Wash. 342. 1 Sch. 258. 2 H. 334. 789. 561.. 6 Mod. 463. interest is not allowed before the arrival of the appointed period of payment. vested. 649. l33. 1 Cox. 3 Wend. 458. 496. 4 Esp. But where only the interest is given. 28. Parl. & Lef. 1 Campb. 125. 349. Dec. 426. 18. 568. whether it be particular or residuary. 4 Metc. − 4. in wheat. but payable It a future time. 4 Burr. 212. and when he is to pay it. 366. − 3. On money obtained by fraud. 333. 837. 6 Cowen. 2 B. Stark. 1 Ves. C. 1085. 267. where the vendor cannot make a title. pt. 289. 2 Ves. 2 Black. 13. & John. or other liquidated sum. a demand made. 21. 2 Dall. Id. Treat. 147. unless otherwise agreed upon. 341. 2 Ves. 165. 239. On the arrears of an annuity secured by a specially. 4 Cowen. 1 Yeates. 141. 205. 438. − 11. Where the terms of a promissory note are. after. 345 5 Binn. 4 Yeates. 265. if payable on demand. 193. 6 Ves. On an account stated. 4. 1. 1 Pick. 15 Serg. On purchase money. For goods sold and delivered. 72. 114. . 4 Dall. − 7. 159. (a). 219. 5 Taunt. On specific legacies. − 9. but no distress can be made for such interest. 2 Mass. the interest may be recovered before the principal is due. the whole is to become due. when the time of payment is not named by the testator. and the time of payment is named by the testator. 207. − 2. C. in Chan. C. And a bequest of a sum to be paid annually for life bears interest from the death of testator. 1081. if the child have no maintenance. 1 Johns. a promise to pay interest is implied. when the interest will begin to run. 194. 563. 4 Taunt. Ab. Id. 3 Ves.14. Bl. which has lain dead. 3 Munf. Bunb. lib. the arrears of the interest up to the time of his death must be paid to his personal representatives. 133. 2 Com. although the legacy be charged upon a dry reversion. 2 Str. Interest on specific legacies is to be calculated from the date of the death of testator. Interest cannot. 475. 5 Esp. 14 Vin. at which time the interest commences to run. 503. Abr. pl. 3 Taunt. iv. 2 Cox. 1 Sch. 6 Binn. 21. P. 23. 220. 428. Id. 1 Hayw. 6 Binn. Where the legatee is a child of the testator. 3 Atk. 1 Dall. 1 Binn. 3 Mass. jr. 251. − 3. n. See also Daniel’s Rep. 5 Ves. 89. 14 Vin. 1 Supp. in common presumption. 376. 9 Watts. 1 Dall. 317. 8. − 2. & B. 246. whenever the debtor knows precisely what he is to pay. 1 Hare & Wall. 138. R. 5 Verm. On a deposit by a purchaser. or recovered on a void execution. 1 V. 1 Ves. 475. 2 Atk. unless under special circumstances. 501. and the principal at a distant day. 1. 1097. 3 Cowen. 61. − 5. in Exch. Sel. 253. 3 Atk. Vend. 101. In Massachusetts the principal of a judgment is recovered by execution. 7 Ves. Where a legacy is given payable at a future day with interest. 249. 17. 475. interest is to be paid annually. 276. 1 Spears. & Munf. 313. jr. On judgment debts. Sugd. Bac. 10. 149. Eq. − 6. In that case the court will do what. after due. s. Raym. 2 Burr. 4 Hen. 108. 5 Munf. 327. to Ves. provide necessaries for the child. C. Id. & R. 162. 5 Munf. 119. 435. 458. 3 Campb. − 8. On judgments affirmed in a higher court. or an auctioneer. C. 308 3 Ves. & Munf. sen. 2 Fonb. 207. jr. Doug. 530. See 2 Call. 2128. or where it has been wrongfully detained. 24. Rent in arrear due by covenant bears interest. 129. 4 Dall. − 14. C. 2 Burr. 30. Thirdly. and on the failure of any instalment. 5 Binn. Sugd. that it shall be payable by instalments. 365. 265. N. 2 Wend. 30. 2 Binn. 345. be recovered for arrears of rent payable.. the legacy bears interest from the testator’s death. Kirby. 173. which may be recovered in action. 183. or one towards whom he has placed himself in loco parentis. 264. 625. Rep. 21. n. A general legacy. & Lef 134. C. 13 Ves. Dougl. Contr. 6 Binn. McClel. 2 Ves. 5 Binn. 193. 1 Camp. 3 Hen. 10. 436. 2 P. 1 Bibb. Wils. n. 337. the father would have done. 10. 327. 287. and the legatee dies before it becomes payable. 1 Harr. 733. If payable at a future day certain. which he is entitled to recover back. On bills and notes. 15. & Bea. Sed vide 4 Taunt. − 4.. 350.
Abr. Legacies, K 3; Fonb. Eq. 431, n. j.; 1 Eq. Cas. Ab. 301, pl. 3; 3 Atk. 432; 1 Dick. Rep. 310; 2 Bro. C. C. 59; 2 Rand. Rep. 409. In case of a child in ventre sa mire, at the time of the father’s decease, interest is allowed only from its birth. 2 Cox, 425. Where maintenance or interest is given by the will, and the rate specified, the legatee will not, in general, be entitled to claim more than the maintenance or rate specifled. 3 Atk. 697, 716 3 Ves. 286, n. and see further, as to interest in cases of legacies to children, 15 Ves. 363; 1 Bro. C. C,. 267: 4 Madd. R. 275; 1 Swanst. 553; 1 P. Wms. 783; 1 Vern. 251; 3 Vesey & Beames, 183. 81. − 5. Interest is not allowed by way of maintenance to any other person than the legitimate children of the testator; 3 Ves. 10; 4 Ves. 1; unless the testator has put himself in loco parentis. 1. Sch. & Lef. 5, 6. A wife; 15 Ves. 301; a niece; 3 Ves. 10; a grandchild; 15 Ves. 301; 6 Ves. 546; 12 Ves. 3; 1 Cox, 133; are therefore not entitled to interest by way of maintenance. Nor is a legitimate child entitled to such interest if he have a maintenance; although it may be less than the amount of the interest of the legacy. 1 Scho. & Lef. 5: 3 Ves. 17. Sed vide 4 John. Ch. Rep. 103; 2 Rop. Leg. 202. 32. − 6. Where an intention though not expressed is fairly inferable from the will, interest will be allowed. 1 Swanst. 561, note; Coop. 143. 33. − 7. Interest is not allowed for maintenance, although given by immediate bequest for maintenance, if the parent of the legatee, who is under moral obligation to provide for him, be of sufficient ability, so that the interest will accumulate for the child’s benefit, until the principal becomes payable. 3 Atk. 399; 3 Bro. C. C. 416; 1 Bro. C. C. 386; 3 Bro. C. C. 60. But to this rule there are some exceptions. 3 Ves. 730; 4 Bro. C. C. 223; 4 Madd. 275, 289; 4 Ves. 498. 34. − 8. Where a fund, particular or residuary, is given upon a contingency, the intermediate interest undisposed of, that is to say, the intermediate interest between the testator’s death, if there be no previous legatee for life, or, if there be, between the death of the previous taker and the happening of the contingency, will sink into the residue for the benefit of the next of kin or executor of the testator, if not bequeathed by him; but if not disposed of, for the benefit of his residuary legatee. 1 Bro. C. C. 57; 4 Bro. C. C. 114; Meriv. 384; 2 Atk. 329; Forr. 145; 2 Rop. Leg. 224. 85. − 9. Where a legacy is given by immediate bequest whether such legacy be particular or residuary, and there is a condition to divest it upon the death of the legatee under twenty−one, or upon the happening of some other event, with a limitation over, and the legatee dies before twenty−one, or before such other event happens, which nevertheless does take place, yet as the legacy was payable at the end, of a year after the testator’s death, the legatee’s representatives, and not the legatee over, will be entitled to the interest which accrued during the legatee’s life, until the happening of the event which was to divest the legacy. 1 P. Wms. 500; 2 P. Wms. 504; Ambl. 448; 5 Ves. 335; Id. 522. 36. − 10. Where a residue is given, so as to be vested but not payable at the end of the year from the testator’s death, but upon the legatee’s attaining twenty−one, or upon any other contingency, and with a bequest over divesting the legacy, upon the legatee’s dying under age, or upon the happening of the contingency, then the legatee’s representatives in the former case, and the legatee himself in the latter, shall be entitled to the interest that became due, during the legatee’s life, or until the happening of the contingency; 2 P. Wms. 419; 1 Bro. C. C. 81; Id. 335; 3 Meriv. 335. 37. − 11. Where a residue of personal estate is given, generally, to one for life with remainder over, and no mention is made by the testator respecting the interest, nor any intention to the contrary to be collected from the will, the rule appears to be now settled that the person taking for life is entitled to interest from the death of the testator, on such part of the residue, bearing interest, as is not necessary for, the payment of debts. And it is immaterial whether the residue is only given generally, or directely to be laid out, with all convenient speed, in funds or securities, or to be laid out in lands. See 6 Ves. 520; 9 Ves. 549, 553; 2 Rop. Leg. 234; 9 Ves. 89. 38. − 12. But where a residue is directed to be laid out in land, to be settled on one for life, with remainder over, and the testator directs the interest to accumulate in the meantime, until the money is laid out in lands, or otherwise invested on security, the accumulation shall cease at the end of one year from the testator’s death, and from that period. the tenant for life shall be to the interest. 6 Ves. 520; 7 Ves. 95; 6 Ves. 528; Id. 529; 2 Sim. & Stu. 396. 39. − 13. Where no time of payment is mentioned by the testator, annuities are considered as commencing from the death of the testator; and consequently the first payment will be due at the end of the year from that event if, therefore, it be not made then, interest, in those cases wherein it is allowed at all, must be computed from that
period. 2 Rop. Leg. 249; 5 Binn. 475. See 6 Mass. 37; 1 Hare & Wall. Sel. Dec. 356. 40. − _4. As to the quantum or amount of interest allowed. 1. During what time. 2. Simple interest. 3. Compound interest. 4. In what cases given beyond the penalty of a bond. 5. When foreign interest is allowed. 41. First. During what time. 1. In actions for money had and received, interest is allowed, in Massachusetts, from the time of serving the writ. 1 Mass. 436. On debts payable on demand, interest is payable only from the demand. Addis. 137. See 12 Mass. 4. The words "with interest for the same," bear interest from date. Addis. 323−4; 1 Stark. N. P. C. 452; Id. 507. 42. − 2. The mere circumstance of war existing between two nations, is not a sufficient reason for abating interest on debts due by the subjects of one belligerent to another. 1 Peters’ C. C. R. 524. But a prohibition of all intercourse with an enemy, during war, furnishes a sound reason for the abatement of interest until the return of peace. Id. See,, on this subject, 2 Dall. 132; 2 Dall. 102; 4 Dall. 286; 1 Wash. 172; 1 Call 194; 3 Wash. C. C. R. 396; 8 Serg. & Rawle, 103; Post. _7. 43. Secondly. Simple interest. 1. Interest upon interest is not allowed except in special cases 1 Eq. Cas. Ab. 287; Fonbl. Eq. b. 1, c. _4, note a; U. S. Dig. tit. Accounts, IV.; and the uniform current of decisions is against it, as being a hard, oppressive exaction, and tending to usury. 1 Johns. Ch. R. 14; Cam. & Norw. Rep. 361. By the civil law, interest could not be demanded beyond the principal sum, and payments exceeding that amount, were applied to the extinguishment of the principal. Ridley’s View of the Civil, &c. Law, 84; Authentics, 9th Coll. 44. Thirdly. Compound interest. 1. Where a partner has overdrawn the part nership funds, and refuses, when called upon to account, to disclose the profits, recourse would be had to compound interest as a substitute for the profits he might reasonably be supposed to have made. 2 Johns. Ch. R. 213. 45. − 2. When executors, administrators, or trustees, convert the trust money to their own use, or employ it in business or trade, they are chargeable with compound interest. 1 Johns. Ch. R. 620. 46. − 3. In an action to recover the annual interest due on a promissory note, interest will be allowed on each year’s interest until paid. 2 Mass. 568; 8 Mass. 455. See, as to charging compound interest, the following cases: 1 Johns. Ch. Rep. 550; Cam. & Norw. 361; 1 Binn. 165; 4 Yeates’ 220; 1 Hen. & Munf. 4; 1 Vin. Abr. 457, tit. Interest, C; Com. Dig. Chancery, 3 S 3; 3 Hen. & Munf. 89; 1 Hare & Wall. Sel. Dec. 371. An infant’s contract to pay interest on interest, after it has accrued, will be binding upon him, when it is for his benefit. 1 Eq. Cas. Ab. 286; 1 Atk. 489; 3 Atk. 613. Newl. Contr. 2. 47. Fourthly. When given beyond the Penalty of a bond. 1. It is a general rule that the penalty of a bond limits the amount of the recovery. 2 T. R. 388. But, in some cases, the interest is recoverable beyond the amount of the penalty. The recovery depends on principles of law, and not on the arbitrary discretion of a jury. 3 Caines’ Rep. 49. 48. − 2. The exceptions are, where the bond is to account for moneys to be received 2 T. R. 388; where the plaintiff is kept out of his money by writs of error; 2 Burr. 1094; 2 Evans’ Poth. 101−2 or delayed by injunction; 1 Vern. 349; 16 Vin. Abr. 303; if the recovery of the debt be delayed by the obligor; 6 Ves. 92; 1 Vern. 349; Show. P. C. 15; if extraordinary emoluments are derived from holding the money; 2 Bro. P. C. 251; or the bond is taken only as a collateral security; 2 Bro. P. C. 333; or the action be on a judgment recovered on a bond. 1 East, R. 486. See, also, 4 Day’s Cas. 30; 3 Caines’ R. 49; 1 Taunt. 218; 1 Mass. 308; Com. Dig. Chancery, 3 S 2; Vin. Abr. Interest, E. 49. − 3. But these exceptions do not obtain in the administration of the debtor’s assets, where his other creditors might be injured by allowing the bond to be rated beyond the penalty. 5 Ves. 329; See Vin. Abr. Interest, C, pl. 5. 50. Fifthly. When foreign interest is allowed. 1. The rate of interest allowed by law where the contract is made, may, in general, be recovered; hence, where a note was given in China, payable eighteen months after date, without any stipulation respecting interest, the court allowed the Chinese interest of one per cent. per mouth from the expiration of the eighteen months. 1 Wash. C. C. R. 253. 51. − 2. If a citizen of another state advance money there, for the benefit of a citizen of the state of Massachusetts, which the latter is liable to reimburse, the former shall recover interest, at the rate established by the laws of the place where he lives. 12 Mass. 4. See, further, 1 Eq. Cas. Ab. 289; 1 P. Wms. 395; 2 Bro. C. C. 3; 14 Vin. Abr. 460, tit. Interest, F. 52. − _5. How computed. 1. In casting interest on notes, bonds, &c., upon which partial payments have been made, every payment is to be first applied to keep down the interest, but the interest is: never allowed to form a part of the principal so as to carry interest. 17 Mass. R. 417; 1 Dall. 378.
53. − 2. When a partial payment exceeds the amount of interest due when it is made, it is correct to compute the interest to the time of the first, payment, add it to the principal, subtract the payment, cast interest on the remainder to the time of the second payment, add it to the remainder, and subtract the second payment, and in like manner from one payment to another, until the time of judgment. 1 Pick. 194; 4 Hen. & Munf. 431; 8 Serg. & Rawle’ 458; 2 Wash. C. C. R. 167. See 3 Wash. C. C. R. 350; Id. 396. 54. − 3. Where a partial payment is made before the debt is due, it cannot be apportioned, part to the debt and part to the interest. As, if there be a bond for one hundred dollars, payable in one year, and, at the expiration of six months fifty dollars be paid in. This payment shall not be apportioned part to the principal and part to the interest, but at the end of the year, interest shall be charged on the whole sum, and the obligor shall receive credit for the interest of fifty dollars for six mouths. 1 Dall. 124. 55.− _6. When interest will be barred. 1. When the money due is tendered to the person entitled to it, and he refuses to receive it, the interest ceases. 3 Campb. 296. Vide 8 East, 168; 3 Binn. 295. 56. − 2. Where the plaintiff was absent in foreign parts, beyond seas, evidence of that fact may be given in evidence to the jury on the plea of payment, in order to extinguish the interest during such absence. 1 Call, 133. But see 9 Serg. & Rawle, 263. 57. − 3. Whenever the law prohibits the payment of the principal, interest, during the prohibition, is not demandable. 2 Dall. 102; 1 Peters’ C. C. R. 524. See, also, 2 Dall. 132; 4 Dall. 286. 58. − 4. If the plaintiff has accepted the principal, he cannot recover the interest in a separate action. 1 Esp. N. P. C. 110; 3 Johns. 229. See 14 Wend. 116. 59.− _7. Rate of interest allowed by law in the different states. Alabama. Eight per centum per annum is allowed. Notes not exceeding one dollar bear interest at the rate of one hundred per centum per annum. Some of the bank charters prohibit certain banks from charging more than six per cent. upon bills of exchange, and notes negotiable at the bank, not having more than six months to run; and, over six and under nine, not more than seven per cent. and over nine months, to charge not more than eight per cent. Aikin’s Dig. 236. 60. Arkansas. Six per centum per annum is the legal rate of interest; but the parties may agree in writing for the payment of interest not exceeding ten per centum per annum, on money due and to become due on any contract, whether under seal or not. Rev. St. c. 80, s. 1, 2. Contracts where a greater amount is reserved are declared to be void. Id. s. 7. But this provision will not affect an innocent endorsee for a valuable consideration. Id. s. 8. 61. Connecticut. Six per centum is the amount allowed by law. 62. Delaware. The legal amount of interest allowed in this state is at the rate of six per centum per annum. Laws of Del. 314. 63. Georgia. Eight per centum per annum interest is allowed on all liquidated demands. 1 Laws of Geo. 270; 4 Id. 488; Prince’s Dig. 294, 295. 64. Illinois. Six per centum per annum is the legal interest allowed when there is no contract, but by agreenment the parties may fix a greater rate. 3 Griff. L. Reg. 423. 65. Indiana. Six per centum per annum is the rate fixed by law, except in Union county. On the following funds loaned out by the state, namely, Sinking, Surplus, Revenue, Saline, and College funds, seven per cent.; on the Common School Fund, eight per cent. Act of January 31, 1842. 66. Kentucky. Six per centum per annum is allowed by law. There is no provision in favor of any kind of loan. See Sessions Acts, 1818, p. 707. 67. Louisiana. The Civil Code provides, art. 2895, as follows: Interest is either legal or conventional. Legal interest is fixed at the following, rates, to wit: at five per cent. on all sums which are the object of a judicial demand, whence this is called judicial interest; and Rums discounted by banks, at the rate established by their charters. The amount of conventional interest cannot exceed ten per cent. The same must be fixed in writing, and the testimonial proof of it is not admitted. See, also, art. 1930 to 1939. 68. Maine. Six per centum per annum is the legal interest, and any contract for more is voidable as to the excess, except in case of letting cattle, and other usages of a like nature, in practice among farmers, or maritime contracts among merchants, as bottomry, insurance, or course of exchange, as has been heretofore practiced. Rev. St. 4, c. 69, __1, 4. 69. Maryland. Six per centum per annum, is the. amount limited by law, in all cases. 70. Massachusetts. The interest of money shall continue to be at the rate of dollars, and no more, upon one hundred dollars for a year; and at the same rate for a greater or less sum, and for a longer or shorter time. Rev.
insurance. 409. 344. Swan’s Coll. Dec. 72. 176. 373. Act of Nov. Michigan. But the parties may agree to pay any higher rate. or at other stated periods. the amount lent and interest may be recovered. Car. Vermont. 116. but on stipulation in writing. notes. or at that rate. 77. When more is charged it is not recoverable. and here the risk is the principal object they have in view. Act of February 12. 37 Acts 30. Six per centum per annum is the interest allowed by law for the loan of money. _1. 1791. 465. or to maritime contracts among merchants as bottomry. bottomry or course of exchange. 1 Dall. or which may thereafter be established by the laws of this state. the said moneyed corporations shall not take or receive more than at the rate of six per centum per annum in advance. of Penn. are entitled to receive the legal interest established. 73. 82. part 2. as has been customary. The banks are allowed to take the interest off at the time of making a discount. 75. 183. or notes. 221. 53. usages of a like nature among farmers. interest on all their notes during a suspension of specie payment. 538. 612. s. No person shall take interest for the loan of money. & R. 1. 50. 8 Wheat. or maritime contracts. New Hampshire. but on all bonds. 12 S. 2. Banks are bound to pay twelve per cent. 1. Act of February 25. but only on such loans. per annum. The interest allowed by law is six per centum per annum. is six per centum. Seven per centum is the legal rate of interest.Stat. Act of March 2. ss. Interest is allowed at the rate of six per centum per annum. s. 2. 4 Whart. of S. Rhode Island. 2 Dall. 129. Code. t. They call it interest.9. Tennessee. 81. 29 Ohio Stat. 84. Moneyed institutions. Rev. 407. Interest is allowed at the rate of six per centum per annum for the loan or use of money or other commodities. on all loans made by them. 78. 364. and after that rate for a greater or lesser sum. Six per centum per annum is the interest allowed by law. by them severally discounted or received in the ordinary course of business. above the value of six pounds for the use or forbearance of one hundred pounds for a year. 451. or for a longer or shorter time. which is allowed to be greater than simple interest because the capital of the lender is put in jeopardy. 4. 1 Rev. 378. 161. Six per centum per annum is the legal interest. 6 Id. interest is allowed. 74. And lawful interest is allowed on judgments. Sel. 22 1796. Stat. c. p. or contracts in writing. 221. There is no limit by law as to the amount which may be charged for maritime interest. 45. See 6 Watts. or other usages of a like nature. 71. 3. Rev. & R. that nothing in this act shall extend to the letting of cattle. Stat. in practice among farmers. Code. ch. signed by the debtor for the bona fide loan of money. or merchandise. judgments or decrees in chancery. It is fixed generally by the agreement of the parties. Missouri. Harr. which shall be matured in sixty−three days from the time of such discount. is allowed for interest. North Carolina. on loans of money. New Jersey. Comp. c. & Nich. 160. but on all notes or bills by them discounted or received in the ordinary course of business. South Carolina. p. 35. subject to the safety−fund act. Laws. when it is stipulated to be paid by the month. . c. 13 S. Act of 1700. 80. 83. 488. expressing therein the rate of interest fairly agreed on between the parties for the use of money so loaned. 12. 1. INTEREST. The legal interest is six per centum. Laws of 1842. St. 4 Cooper’s Stat. The legal rate of interest on all contracts. The rate is fixed at seven per centum per annum. St. 1823. Virginia. 1 S. 6 Binn. s. without any exception. When more is reserved." Rev. Mississippi. 435. or course of exchange. By maritime interest is understood the profit of money lent on bottomry or respondentia. 1723. and no more. 72. It is a premium. Vide 1 Hare & Wall. 4. 76. s. Six per centum is allowed for interest on loans of money. 406. wares. Id. But these provisions do not extend "to the letting of cattle and other. or bills. MARITIME. Statute of December 5. 3 Griff. C. 1 Binn. 2 Rev. Ohio. 2 Pet. interest is allowed to any amount not exceeding ten per cent. Rev. c. 92. six per centum per annum is allowed. Seven per centum per annum. but the principal and legal interest may be recovered. and void for the excess. 407. 3. 1 Dall. 79. The French writers employ a variety of terms in order to distinguish if according to the nature of the case. eight per cent. When no contract is made as to interest. & R. as hath been heretofore used. or any other personal estate whatsoever. not exceeding ten per cent. A contract to pay a higher rate is good for principal and interest. 1 Smith’s L. Law Reg. Comp. Provided. Act of 1835. 383. 355. New York. it may be recovered back in an action of assumpsit. Pennsylvania. when a gross sum is to be paid at the end of the voyage. If more be charged and paid. Swan’s Coll. 47. 5. 209.
and article Erasure. 2 L. 1 Swift’s Syst. and both action. 1 Halst. and aver his readiness to deliver it to either as the court shall adjudge. civil law. Eq. in consequence of an agreement. ch. 2 Ch. Hall on Mar. 71. are depending in the same court at the same time. a 2. In such a case it has been settled that the plaintiff whose writ bears the earliest teste has the right to begin the interpleading. 310. Pl. 307. Law. 2. 3 T. if it be immaterial. An interpleader at law a proceeding in the action of detinue. __800. and that it is claimed by a third person. & John. In the case of a lease from year to year. as. In equity. produce the thing (e. 207. without lawful authority. 191. Ab. 56. c. 1 Gall. Vide Bill of Interpleader. those made after are made either by the party in whose favor they are. 2. Dr. Bro. This doctrine corresponds nearly with the rules of the canon law on this subject. INTERLINEATION. The act by which. Interpleader is allowed to avoid inconvenience. Com. would bear the name of interpelation. 41. 290. 32. Dig. 4. But other cases hold the presumption to be that a material interlineation was made after the execution of an instrument. by which the defendant states the fact that the thing sued for is in his hands. 355. s. Loans. Vide 18 Pick. or the relative rights of nations. Interpleaders may be had at law and in equity. Dig. Com. 23. A minister of a second order. 1 Dall. or decrees or orders. R. charged with the affairs of the court of Rome. 22. 115. pl. arising from the difference of time and place. for two parties claiming adversely to each other. INTERNUNCIO. 293. 419. 1 Halst. 1 Dall. interlocutory. When the interlineation is made by a stranger. 172. INTERNATIONAL. _800. tit. Rep. which is still said to be in force. by Jeremy. by pursuing the same business with them in the same place. Dig. unless the contrary be proved. 5. 22. it will not vitiate the instrument. t. 15 Johns. Jur. Interlineations are made either before or after the execution of an instrument. the defendant may plead that fact. 4. 123. Ab. but if it be material. Eq. This word is applied to signify something which is done between the commencement and the end of a suit or action which decides some point or matter. Story. Eq. R. Those made before should be noted previously to its execution. R. interpleaders are common. Abr. but see 1 Pet. R. liv. one appointed between the time that a person is made bankrupt. they make use of the term maritime profit. Rep. n. R. is an assignee ad interim. Com. 4 Bing. R. R. R. 364. on Conv. they render the deed void. 2 Barr. which however is not a final decision of the matter in issue. considering it in the light of money lent at one place to be returned in another. and 8 Vin. c. contracts. 3 Reeves. Chancery. is. to convey their meaning. Toull. In the mean time. so claiming. 3. with a difference in amount between the sum borrowed and that which is paid. Bro. Interpleader. 3. g. 215. that a process of garnishment may be issued to compel such third person. interlocutory judgments. of the Eng. 247. it will in general avoid it. Jur. C. That which pertains to intercourse between nations. where that court has no nuncio under that title. . Wolff. R. 801. Vide Cruise. Civ. Hist. Q. 3. For example. 5 Har. Nat. Id. Writing between two lines. 2 Story. 410. INTERRELATION. 223. 6 Wheat.When the sum is a per centage on the money lent. to act in the place of the assignee until the assignee shall be appointed. Id. the party bound declares that he will not be bound beyond a certain time. unless made with the consent of the opposite party. 67. Cov. they call it exchange. C. 2 Bell’s Com. 2. that an alteration shall be presumed to have been made before the execution of the instrument. 3 Bl. 802. 57. INTERLOCUTORY. Persons who interrupt the trade of a company of merchants. Hence the rule which requires the defendant to allege that different parties demand the same thing. a notice given by one of them to the other of a determination to put an end to the contract. International law is that which regulates the intercourse between. Evidence. F 1. When they intend to combine these various shades into one general denomination. Inst. INTERPLEADER. When made by the party himself. to become defendant in his stead. Doct. Pl. 215. 4. Vide 11 Co. Vin. and thereupon pray that they may interplead. cannot be entitled to the same thing. Ev. INTERIM. Interpl. U. 3. Abr. 141. 481. and that whether such person or the plaintiff is entitled to it. or to continue as long as both parties please. and thereupon the defendant prays. The canonists have examined it with care. Faits. 8. Fait. in the meanwhile. _752. a deed or charter in court. 448. INTERLOPERS. is unknown to the defendant. and the other will be compelled to answer. whether the interlineation be material or immaterial. Fr. Fitzg. 27 a: 9 Mass. n. practice. 2. If two persons sue the same person in detinue for the thing. 4. 26. evidence. Mitford. Vide Judgment. The ancient rule. or by strangers.
− 1. We may state. 14. Pothier. We ought to interpret one clause by the others contained in the same act. When we collect the intention of the writer from his words only. or declaratory. this is a literal interpretation. intention of the contracting parties rather than the grammatical sense of the terms. or mixed. it is restrictive when the expressions of the law have a greater latitude than its reasons. we ought to understand them in the sense which is most agreeable to the nature of the contract. of doubtful meaning. the usual. and in discharge of the person who contracts the obligation. three distinct classes. lays down the following rules for the interpretation of contracts: 10. but either exceed it. When a case is expressed in a contract on account of any doubt which there may be whether the . (q. restrictive. or fall short of it. and it is only necessary to explain them to have the sense complete. − 1. 15. are in themselves. 3. although they may not have been in the knowledge. v. that I cannot object to the agreement. 5. − 5. which appears obscure or ambiguous. When his words do not express his intention perfectly. in contractibus tacite veniunt ea quae sunt moris et consuetudinis. under pretence that considerable property has been found to belong to the succession of which we had not any knowledge. The term interpretation is used by foreign jurists in nearly the same sense that we use the word construction. 13. in order to fix the sense of the law. According to the civilians there are three sorts of interpretations. Usage is of so much authority in the interpretation of agreements. so that we are to collect it from probable or rational conjectures only. − 7. − 2. Any thing. − 4. and the doctrinal. 4. − 2. it is partly literal. When the object of the agreement is to include universally everything of a given nature. or both. It is extensive whenever the reason of the law has a more enlarged sense than its terms. it only comprises those things respecting which it appears that the contracting parties proposed to coutract. this is rational interpretation and when his words. an engagement which I make with you to abandon my share in a succession for a certain sum. The object of interpretation is to find out or collect the intention of the maker of the instrument. The explication of a law. − 3. However general the terms may be in which an agreement is conceived. 18.) 9. 8. either from his own words. − 10. agreement. and partly rational. We ought to examine what was the common. when rightly understood. − 6. which may appear ambiguous in the terms of a contract. that in which it will have none. and we are forced to have recourse to like conjectures to find out in what sense he used them this sort of interpretation is mixed. or from other conjectures. Doctrinal interpretation is extensive. (une universalite de choses) the general description will comprise all particular articles. the interpretation is called usual. − 8. our intention was to contract for the whole. 2. an exception is made in a case which the law does not seem to have embraced. Therefore it is decided. 11. of the parties. In case of doubt. When a clause is capable of two significations. may be explained by the common use of those terms in the country where it is made. the interpretation is declaratory.INTERPRETATION. 6. − 3. 17. 12. as they lie before us. These three sorts of interpretations are either literal. though they do express his intention. in his excellent treatise on Obligations. The authentic interpretation is that which refers to the legislator himself. a clause ought to be interpreted against the person who stipulates anything. it should be understood in that which will have some operation rather than. according to the different means it makes use of for obtaining its end. When the reason of the law and the terms in which it is conceived agree. It may then be divided into three sorts. 3d. or other instrument. When the judge interprets the law so as to accord with prior decisions. 16. The Commentaries of learned lawyers in this case furnish the greatest assistance. and it is consequently applied to a case which had not been explained. so that by a restricted interpretation. 2d. will. and not others which they never thought of. rational. whether they precede or follow it. On the contrary. This last kind of interpretation is itself divided into. − 9. Where the terms of a contract are capable of two significations. It is doctrinal when it is made agreeably to rules of science. 7. that a contract is understood to contain the customary clauses although they are not expressed. the authentic. 19. as an example of this rule. This agreement includes everything which makes part of the succession. whether known or not. 1st.
20. & Jarv. 2. 21. 4 Bouv. The form which interrogatories assume. h. it is said to be sold with all the corn. under certain Circumstances. Vide Information. 125 11 East. − 12. of which Bracton speaks. INTERREGNUM. 1 Wend. the parties are not thereby understood to restrain the extent which the engagement has of right. it is considered a civil conventional interruption which prevents the statute or the right of prescription from running. if the trespasser’s were unknown. and for scandal or impertinence. and no legal proceeding instituted in consequence of them. 71. may exhibit original or cross interrogatories. 4419. of him who produces the witnesses. They should be as distinct as possible. Vide 1 Bouv. and only refers to the wine and not to the rest of the phrase. in respect to all cases not expressed. art. s. they defeat the claim of rightful prescription. and mere threats of action for the trespasses. 70. 4. R. 337. c. 4 Munf. 4 Mass. That which is at the end of a phrase commonly refers to the whole phrase. on the facts which are the object of the accasation. 219. 113 b. the period which elapses between the death of a sovereign and the election of another is called interregnum. 155. as the commencement of a suit to recover the thing in dispute. is a sufficient interruption to prevent the statute from running. Ab. Indeed. In an established government. interrogatories will. INTERROGATORIES. In contracts as well as in testaments. 3. Ea. One employed to make a translation. small grain. 863. and the answers of the accused. for these always lead to inconvenience. with which it does not agree in number. Inst. Civil interruption is that which takes place by some judicial act. 3. . be suppressed.. n. in writing. Vide 4 Mason’s Rep. 1. Vide Confidential Communications. 3 Bar. and is not bound to testify as to what be has acquired in those confidential communications. express or implied. whenever an agreement. will have no effect to preserve the right. on Interrogatories. 22. which gives notice to the possessor that the thing which he possesses does not belong to him. The effect of some act or circumstance which stops the course of a prescription or act of limitation’s. For instance. Material and pertinent questions. refer to the whole phrase. 285. n. INTERROGATOIRE. it will not be lost by interruption of it for ten or twenty years. on behalf of the adverse party. and consequently the old corn is not less excepted than the old wine. and not to the wine only. et seq. which contains the interrogatories made by the judge to the person accused. between the possessor and the owner. They are either original and direct on the part. 260. exhibited for the examination of witnesses or persons who are to give testimony in the cause. An act. Vide Will. An interpreter should be sworn before he translates the testimony of a witness. or cross and counter. takes place between the creditor and the debtor. 16. _1. R. French law. 2. polit. and capable of a definite answer.engagement resulting from the contract would. 5 Taunt. 1. law. Poth. e. 356. When the title has once been gained by prescription. provided it agrees in gender and number with the whole phrase. 1 Inst. the terms. It is also understood for the vacancy created in the executive power. 1 Camp. 404. and if not promptly and effectually litigated. R. Knapp. 4 Camp. 376. & Ad. 2. for the expression is in the singular. INTERPRETER. Either party. of Lalys. Vin. 3. Proc. Hind’s Pr. and for any vacancy which occurs when there is no government.. Natural interruption is an interruption in fact. A right is not interrupted by: mere trespassers. C. to examine witnesses produced on the other side. and they should leave no loop−holes for evasion to an unwilling witness. but if they were known. (q v.) 2. Inst. t. Gresl. C. all the wine that has been got this year. 2 Saund. if in the contract for sale of a farm. − 11. 5 Mass. they then become legitimae interruptiones. Ev pt. and not only to that which immediately precedes it. a clause conceived in the plural may be frequently distributed into several particular classes. 86. extend to such case. plaintiff or defendant. passim. 1 Pet. it would be otherwise if it had been said. Care must be observed to put no leading questions in original interrogatories. 63. or instrument. 273. is as various as the minds of the persons who propound them. Vide 3 Burge on the Confl. fruits and wine that have been got this year. without following them up. A person employed between an attorney and client to act as interpreter. which admits the indebtedness or the right to the thing in dispute. is considered merely as the organ between them. 2 Y. et seq. that have been got this year. R. to necessary points. 2 Caines’ Rep. and are converted into adverse assertions of right. Interruption of the use of a thing is natural or civil. Crim. 81. n. 175. 317. and the trespasses frequent. INTERRUPTION. not confessed. s. 3. which takes place whenever by some act we cease truly to possess what we formerly possessed. A simple acknowledgment of a debt by the debtor.
1. Bell’s S. 203 3 Bl. as when a man is found to be insane in the months of January and March. R. and the character in which they sue. in the latter case. INTRONISATION. and was punished by privation of burial in consecrated ground. 4 Hagg. Com.g. Rep. law. 6. it is an instrument. 480. B. in February. a stranger unlawfully enters upon the estate. 2 Hagg. t. When a person is unable to perform an act at any two given periods. Cons. on account of the omission of the deceased person to give something to the church. An infant. The intervener may come in at any stage of the cause. Cons. having lawful power to make a will. p. The act by which a third party becomes a party in a suit pending between other persons. enters on the land. Pr. has made none. Pl. he will be presumed to have been insane at that time. but in the interval he has performed such act. 59. who. 2. A space of time between two periods. 2 E. Kames’ Eq. of writing. n. is an entry into land void by the death of a tenant for years. made under the hand of a notary. See Lucid interval. or one which is defective in form. In the English ecclesiastical courts.INTERVAL. This omission. may. R. h. 129 and note. is given to some one. s. Eccl. 1NTRODUCTION. B. as already stated. INTESTATE. 1 Addams. unlawfully. cannot make a will. This term comes from the Latin intestatus. Eccl. civil law. 4156. the introduction is that part of a bill which contains the names and description of the persons exhibiting the bill. 2. 3 Mod. p. 116. N. Also. without confession. . See Testate. but claiming an interest in the subject− matter in dispute. Law. INTERVENTION. It was regarded as a crime. Dane’s Ab. The assuming possession of property belonging to another. 67 Dual. 2. The intervention is made either to be joined to the plaintiff. a married woman cannot make such a will without some special authority. for the Law of Intestacy in England. estates. INTRUSION. for want of capacity or understanding. or business. The name of any judicial act by which a notice of a legal proceeding. on the person who affirms such act. One who cannot law fully make a testament. civil law. Henrion De Pansey. Dict. it was used in France indiscriminately with de−confess. When an ancestor dies seised of an estate of inheritance expectant upon an estate for life. In that case. When a third person. R. See Vely. or without any authority. which it−is his interest to defeat. Com. One who. 633. or some other thing connected with it or. INTIMATION. and his estate descends to his heir at law. The installation of a hishop in his episcopal see. Proced. and with him to oppose the claim of the plaintiff. an insane person. des Avocats. R. tom. and even after judgment. or one civilly dead. and then the tenant dies. t. 2. 13. 137: 1 Eng. the same term is used in the same sense. t. 3. That part of a writing in which are detailed those facts which elucidate the subject. lere part. and between his death and the entry of the heir. Ought. 1. 2. 169 Archb. Civ. 2 Chit. One who. The state or condition of dying without a will. and such other description as is required to show the jurisdiction of the court. torts. Hist. 4 Bouv. It differs from an abatement. Ad. before the heir can enter. page 145. s. and the onus will lie to show his sanity. R. French eccl. could be repaired by making an ampliative testament in the name of the deceased. INTESTACY. F. Clef des Lois Row. Civ. title. 74. which proceeding is termed intervention. that the sentence will be reviewed by the superior judge. to join the defendant. Inst. h. 2 Hagg. and to claim the same thing he does. Pr. 3 Chit. it is called vicious intromission. 1. till then. In the Scotch law. _3. because she is under the power of her hushand. INTROMISSION Scotch law. and an intrusion. and notified to a party. ch. 137. 14. this is called an intrusion. for example. 3 Phillim. is justified in making payment to the original creditor. 12. if an appeal can be allowed on such judgment. They are all intestable. in order the better to protect such interest. on the death of the ancestor. 492. vol. either on legal grounds. R. 6. according to Fournel. 586. Poth. feel. to inform him of a right which a third person had acquired. INTESTABLE. In chancery pleading. or office. Index. In this part of the bill are also given the places of abode. that is. when a creditor assigns a claim against his debtor. R. for the latter is an entry into lands void by the death of a tenant in fee. Andre. he is said to die intestate. INTRUDER. interpose his claim. Formerly. 60. Authorite Judiciare. and he enters into a contract or makes a will in the interval. not originally a party to the suit or proceeding. but it is more usually understood to mean the notice or summons which an appellant causes to be given to the opposite party. tit. the assignee or cedent must give an intimation of this to the debtor. if it is in autre droit. 1. 5. L. h.
Executors. containing. S. proprietor is injured by such works as alter the level of the water where it enters or where it leaves the property on which they are erected. 9 Mass. 4 Com. &c. U. S. Com. 3 Mason’s R. Br. In its most common acceptation. 400. 2. In case of intestate estates. and separately valued. generally. of a person or persons. gives power to congress "to provide for calling the militia to execute the laws of the Union. 3 Burr. Rep. making war. Act of July 4. R. 5 Ohio. 1 Russ. 453. 59. New Nat. R. 770. 514. The articles ought to be set down separately. 1836. INVENTORY. Godolph. the person injured may recover damages for the injury thus caused to his property by the innundation. article by article. it is required to contain only the personal property. 266. 14 Vin. The claims due to the estate ought to be separated. INVENTION. rights and credits. as. When the inventory is made of goods and estates assigned or conveyed in trust. The entry of a country by a public enemy. 465. &c. C. The name of a writ. E 11. B 7. Lovel. 1922. 4 Taunt. A list. 2 Addams’ Rep. R. Administration. as a pearl found on the sea shore. B ut see 1 M. the loss is to be borne by the unfortunate owner of the estate. 8 Serg. 319. In a physical sense. 460. Vide Schult. Aq. he is not the inventor within the meaning of those laws. INVALID. Bac. in a figurative sense. s. not before known or used by others. INVENTOR. 4 Mason’s R. 1 Come’s R. The appraisers must sign it. 122. C. those which are desperate or had ought to be so returned. 3. and make oath or affirmation that the appraisement is just to the best of their knowledge. in the last. 202. 3.S. or they must have never belonged to any one. Vide. continuation of Story’s L. The inventory is to be made in the presence of at least two of the creditors of the deceased. The Constitution of the United States. 1 How. 1 Rawle’s R. 232. 17 Pet. 4. without pointing out by what specific process or machine that could be accomplished. 187. 2 Eccles. INVASION. G. & M. as in defence of a place it may be necessary to dam the current of a stream. 316. & Rawle. if the invention is suggested by another. 38. & Rawle. & Ald. R. W. . and the like. the lands and tenements. R. 421. Vide Patent. 2506. 551. 17 Serg. the pardon inures. as that steam might be applied to the navigation of the air or water. 2. The applicant for a patent must be both the first and original inventor. & S. R. A contrivance. The overflow of waters by coming out of their bed. remedies. they may be occasioned by an invincible force. It is in this sense this word is used in the patent laws of the United States. brought by the owner of a fee simple. manufacture. H. U. C. and art. In the first case. 1 C. but in that case the suggestion must be of the specific process or machine. 342. would not be such a suggestion as to deprive the person to whom it had been made from being considered as the inventor. INUNDATION. Ayliffe’s Parerg. 3 Man. 2 Bl. 414. 4 Law Report. 383. 4 Sharsw. or they may result from the erections of works on the stream. 4 Day’s R. & P. The patent laws of the United States authorize a patent to be issued to the original inventor. or enumeration in writing. INVENTIONES. 5 N. in consequence of art or accident. for a general theoretical suggestion. 305. 1. 198. 97. it is that which is wanting force. or that to which the administrator is entitled. S. but something which. This word is used in some ancient English charters to signify treasure−trove.INTRUSION. Com. the estate of an insolvent. Ab. TO INURE. Pat. 258. 558. an inventory is a conservatory act. Ayliffe’s Pand. 218. C. for the purpose of securing it to those entitled to it. which will cause an inundation to the upper lands. in the second. from public necessity. 2. and repel invasions. 228. & Stu. the injury caused by the inundation is to be compensated as other injuries done in war. 4 Wash. and the article Benefit of Inventory. 1 B. a discovery. 429. 203. 8. on Wills. R. 14. 322. for the invention must relate ot some new or useful art. of two honest persons. which is made to ascertain the situation of an intestate’s estate. and. Cas. as there was no fault of any one. when the riparian. 101." Vide Insurrection. the civilians understand the finding of some things which had not been lost. against an intruder. Elem _ 350. Ang. or composition of matter. art. & Sc. Inundations may arise from three causes. suppress insurrections. as by the accidental fall of a rock in the stream. 302. as already mentioned. Ab. 9. 244. or legatees or next of kin. R. 128. Dam. Gr. 9 Co. 2. 1 Mason. To take effect. Lec. Dig. By invention. 7 Cowen. and. 172. has been formed. the goods and chattels. It signifies not something which has been found ready made. it must include all the property conveyed. 322. Dig. One who invents or finds out something. 150.. C. it signifies that which has no effect. they must either have abandoned. Dav. 1 Sim. in their default and absence. in some cases.. machine. schedule. 7 Pick.
Index. Ecclesiastical and secular fiefs were governed by the same rule in this respect that previously to investiture. Dr. Ab. 5. 105. 1 Pardess. this is the very essence of the crime. The number of senators. in which the marks of each package. 66. That which is not to be violated. 913. 3. which occurs frequently in the canon law. Taking. To lay out money in such a manner that it may bring a revenue. 1 Carr. neither a hishop. & Pull.) or with repugnance. in which he claims his vote twenty days. 1045. v.. 113. 2 Bailey’s Rep.. synonymously with enfeoff. this. One in which invoices are copied. by the ring and crosier. 6. contracts. it is termed by the common law writers. C. deposited. Pope Gregory VI. 209. or marine service of the United States. the property stolen must be taken invito domino. approved the 3d day of March. cost Christendom sixty−three battles. 123. Bac. An action is involuntary then. commerce. accounts. in that system of jurisprudence. the seisin of the fee. R. An invoice ought to contain a detailed statement. as to whether they are larcenies or not. The Popes Victor III. The powers of the government are divided into three separate departments. Vide Bill of Lading. on Cr. 4. An account of goods or merchandise sent by merchants to their correspondents at home or abroad. 408. n. Vide Duress. But with this exception. conferred upon them previously to investiture by the prince. 2. which should indicate the nature. Cases of considerable difficulty arise when the owner has. P. for the purpose of detecting thieves. 2 Bos. 2. De Pradt. are set forth. shall be entitled to vote at all elections which are how or hereafter may be authorized by law. 2 East. 1. (q. 666. To the qualifications of the electors. The act of giving possession of lands by actual seisin When livery of seisin was made to a person by the common law he was invested with the whole fee. 223. The qualifications of the members. The time of their election. h. and when he merely leaves it in the power of the defendant to execute his original purpose of taking it. 2 Leach. C. D. Dane’s Ab. continued the contest. male citizen of the United States. Feame on Rem. quality. with other particulars. upon his taking the oath of fealty or fidelity to the prince or superior lord. This word. 508. 2 Bl. And no idiot or insane person. − _1. IOWA. 4. but generally speaking. By the canon law investiture was made per baculum et annulum. The name of one of the new states of the United States of America. _5. military or naval place or station within this state. that when the owner procures the property to be taken it is not larceny. This state was admitted into the Union by the act of congress. 569. abbey or lay lord could take possession of a fief. or to invest with a fief. naval. 273. (z). Prin. 2 Russ. In order to constitute larceny. which are designated the general assembly of the state of Iowa. − 1. by himself or his agents. INVIOLABILITY. shall be considered a resident of this state. first disputed the right of sovereigns to give investiture of ecclesiastical fiefs. A. estates. t. by being stationed in any garrison. INVOICE. but Pope Gregory VII. − I. who shall have been a resident of the state six months next preceding the election. Com. to invest money in houses or stocks. or without the will to do it. 2. law. delivered the property taken. barrack. to give possession. 2. of the age of twenty−one years. 313. INVOLUNTARY. and price of the things sold. An involuntary act is that which is performed with constraint. on the dispute with much more vigor. and 2 Wash. 3. C. 3. article. Marsh. INVITO DOMINO. & Marsh. which signifies to clothe or adorn and is used. Alis. C. Without the consent of the owner. Id. 2. The legislative authority of this state is vested in a senate and house of representatives . See Ambassador. as. which is performed under duress. it is said. INVOICE BOOK. shall exercise any function appertaining to either of the others. This dispute. n. Henry IV. crim.. 155. and the lives of many millions of men. the foreign feudists and sometimes ’our own law writers call investiture. which were regarded as symbols of the episcopal jurisdiction. The persons of ambassadors are inviolable. and Paul II. in the latter case it will be considered as taken invito domino. 248. Ins. The length of time for which they are elected. carried. the executive. 5. Fost. Both words signify to put one into the possession of. shall be entitled to the privilege . the legislative. INVESTITURE. comes from the Latin word investire. He excommunicated the emperor. 1073. and judicial and no person charged with the exercise of power properly belonging to one of these departments. quantity. Of the senate. Every white. that no person in the military. 1845. D. except in cases provided for in the constitution. Urban II. the distinction seems to be this. 217. Com. or person convicted of any infamous crime. and the county. &c. This will be considered with reference.TO INVEST. A. commerce. Wolff. Felony.
and have been an inhabitant of the state or territory one year next preceding his election. except in cases of impeachment shall be keeper of the great seal.−5. 3. 5. The supreme executive power is vested in a chief magistrate. 6. and shall be ineligible to any other office during the term for which they may be elected Art. Various powers are conferred on the governor among others. No person shall be eligible to the office of governor. 4.− _2.−4. 15. s. The senators are elected for four years. and attained the age of thirty−five years at the time of holding said election. and. from time to time. 25. Art. s. 12. 6. 8. Art. a resident of the state two years next preceding his election. 11. nor more than one−half the representative body. 21. 3. Art. and until his successor shall be duly qualified.of an elector. They are chosen every second year. Art. he shall be commander−in−chief of the militia. − III. The number of senators. Art. and navy of the state. may grant reprieves and pardons. for two years. s. When there is a vacancy in the office of governor. 2. 26. two of whom shall be a quorum to hold court. Art. 3. and have been inhabitants of the state or territory one. This will be considered in the same order which has been observed with regard to the senate. see that the laws are faithfully executed. Art. Art. s. 1. is not less than one−third. − II. or in case of his impeachment. with the consent of two−thirds. The electors qualified to vote for senators are electors of members of the house of representatives. 24. 18. 1. 5. 3. s. be a free male white citizen of the United States. To sit upon its adjournments. 16. − _1. They are so classed that one−half are renewed every two years. 19. district courts. the duties of his office shall devolve on the secretary of state. Art. . Art. 9. army. No person shall be a member of the house of representatives who shall not have attained the age of twenty−one years. They are elected at the same time that senators are elected. at the time and place of voting for members of the general assembly. and until their successors are elected and qualified. on the president of the senate and if the president cannot act. and hold their office for six years. Senators must be twenty−five years of age. − 2. and shall hold their courts at such time and place as the general assembly may direct. He is also invested with the veto power. 4. s. 14. Art. and shall have all other power necessary for a branch of the general assembly of a free and independent state. 5. be free white male citizens of the United States. 13. keep a journal of its proceedings and publish the same. on his default. Of the house of representatives. 4. 4. − 1. at the time of their elections have an actual residence of thirty days in the county or district they may be chosen to represent. 5. 3. s. who is called the governor of the state of Iowa. fill vacancies by granting temporary commissions on extraordinary occasions convene the general assembly by proclamation. transact executive business with the officers of the government. 23.−4. The governor shall be elected by the qualified electors. The supreme court shall consist of a chief justice and two associates. and the senate is a court for the trial of persons impeached. establish. and sign all commissions. 2. 20. − 2. and hold his office for four years from the time of his installation. expel a member but not a second time for the same offence. − 3. B. 10. s. communicate by message with the general assembly at every session adjourn the two houses when they cannot agree upon the time of an adjournment. The two houses have respectively the following power’s. and. 17. s. − 3. The number of representatives is not limited. s. on the first Monday in August. s. 4. The judicial power shall be vested in a supreme court. 4. 7. The judges of the supreme court shall be elected by joint ballot of both branches of the general assembly. 5. and judge of the qualification of its members. 6. 6. 22. who is not a citizen of the United States. Art. Each house has power − To choose its own officers. year next preceding their election. − 5. and at the time of his election have an actual residence of thirty days in the county or district he may be chosen to represent. punish members for disorderly behaviour. The house of representatives has the power of impeachment. 4. and such inferior courts as the general assembly may. Members of the house of representatives are chosen. and commute punishments after conviction. on the speaker of the house of representatives.
A term derived from the Greek. on that fact being proved. if a married man. For example. and exercise a supervisory control over all inferior judicial tribunals. as. and he receives in its place other money. 1 Taunt. exposes the faults and errors of others. and Regular and Irregular Process. IRRELEVANT EVIDENCE. should marry another woman. money in bank for safe keeping. Vide Regular and. lightning. they have power to impose terms on the defendant. The doing or not doing that in the conduct of a suit at law. s. B. _25. v. in such manner as shall be prescribed by law. irregular process. This name is given to that kind of deposit. 342. where the thing deposited need not be returned. 2 New R. 6. IRREGULAR DEPOSIT. s. (q. It shall have power to issue all writs and process necessary to do justice to parties. 6. R. the latter marriage would be void ipsofacto. on motion. Art. the very man. to escape. 2. R. IRONY. because the taking of any such step is a waiver of any irregularity. Vide 3 Chit. conformably with the practice of the court. This term is applied to those things which cannot legally be replevied. 58. 2. Hob. as. IRRESISTIBLE FORCE. 246. that is. IPSE. The supreme court shall have appellate jurisdiction only in all eases in chancery. Bac. On setting aside a judgment and execution for irregularity. Pr. 3. IRREPLEVISABLE. ought or ought not to be done. rhetoric. R. See Relevant. That which cannot be revoked. but when made for a valuable consideration they . 2 Taunt. IPSO JURE. in the usual way. at the township election. A party entitled to complain of irregularity. and the like. during the life of his wife. for in this case the title to the identical money becomes vested in the bank. He. Art. 2. practice. The first general assembly shall divide the state into four districts.. 2. 4.27. 380. s. or by mere operation of law. as the inroads of a hostile army. under such restrictions as tho general assembly may by law prescribe. 3. In libels. 2 Smith’s R. and shall be ineligible to any other office during the term for which he may be elected. which signifies dissimulation. Vide Ad largum. This phrase is frequently employed to convey the idea that something which has been done contrary to law is void. By the act of the law itself. and render the publication libelous. because he wants a disposing mind. Law. c. Irregular Process. Story on Bailm. IRREGULAR. It is a refined species of ridicule. In the canon law. absolutely uncontrollable. as is. practice. and hold his office for the term of five years. from its nature and power. and see Baldw. The court will. this term is used to signify any impediment which prevents a man from taking holy orders. 28. should except to it previously to taking any step by him in the cause. and will restrain him from bringing an action of trespass. but the moment the testator is rendered incapable to make a will he can no longer revoke a former will. Hawk. storms. R. To go at large. irony may convey imputations more effectually than direct assertion. The district court shall consist of a judge who shall be elected by the qualified electors of the district in which he resides. The district court shall be a court of law and equity. unless a strong case of damage appears. 133. he having a disposing mind. as. _1. 2. k Pbil. 2 Wils. A will may at all times be revoked by the same person who made it. and have jurisdiction in all civil and criminal matters arising in their respective districts. IPSO FACTO. or be set at liberty. Cr. By the fact itself. by seeming to adopt or defend them. n. must be excluded. and until his successor is duly elected and qualified. in Pennsylvania no goods seized in execution or for taxes. Libel. pt. set aside proceedings for irregularity. 509. which. That which is done contrary to the common rules of law. 391. Lois des Batim. 869. the second marriage would be declared void ab initio. which may be increased as the exigencies require. 547. 509. Letters of attorney are generally revocable. and which) of course. 243. and the judges of the supreme court shall be conservators of the peace throughout the state. Ab. 1 Chit. and shall constitute a court for the correction of errors at law. That which does not support the issue. can be replevied. Lofft. 323. under the mask of honest simplicity or ignorance. It differs from inevitable accident. himself. R. A 3. 2. The judges of the district courts shall be conservators of the peace in their respective districts. R. 29. where a man deposits. 3 East.) the latter being the effect of physical causes. IRE AD LARGUM. 333. IRREGULARITY. of which he had knowledge. 4. 3 Chit. 1 Bos. − _2. For example. 73. 4. which is that issued contrary to law and the common practice of the court. This term is applied to such an interposition of human agency. 1. IREVOCABLE. c. 215. which.
and may conclude with and so it is not his deed.: and so it is not her act. 3. which have not been complied with. 10 Wend. Issues are also divided into issues in law and issues in fact. contract or other deed. Code. An issuable plea is one upon which the plaintiff can take issue and proceed to trial. 3. 441. Woolr. art. c. 59. Ab. 199. issue also signifies the entry of the pleadings. 6. R. 2. 2. "and so it is not his act. This is a Norman French word which signifies thus. jr. 400. 1. nevertheless. 88 and see Wilmot’s Notes. 34. and would leave the court at a loss how to give judgment. only a single rule or principle of law. s. 3. 3. 1. 87. 2. 261. 3 Ves. Aq. or that it brings into question the legal sufficiency of a single fact only. 13 Mass. 6. 481. occurs in 4 Rawle. 2 Conn. Dig. 175. 5. 16. 403. Islands are in the sea or in rivers. Schult. is defined to be a single. Pl. in pleading. It seems the riparian proprietor may avail himself of the river for irrigation. 314. R. is. Ab. which will decide the question in dispute between the parties. 1 Vin. & R. in order to give effect to the testator’s intention it will be construed in a more restricted sense than its legal import conveys. sect. 1 Caines’ Cas. 7 Mass. 5 Pick. it is the happening of a condition or event by which a charter. Pleas. and includes all persons who have descended from a common ancestor." or that at. 7 Ves. 41. In actions founded on deeds. It has given the name to a part of a plea. Bac. When new islands arise in the open sea. E. 535. practice. W. 84. Leg. certain and material point issuing out of the allegations of the parties. 73. 5 Esp. Dig. 2. the defendant may. 7. pleading. to which a clause irritant is annexed. Islands which arise in rivets when in the middle of the stream. 525. 1 Swift’s Dig. to be de−livered over on certain conditions. N. in Er. C. c. ISLAND. 28. 8 Greenl. Ab. R. Man. 2 Saund. R. In Scotland. or within the boundary of some country. 7. Vide Bac. the proprietor of the current. Vide duthority. they will belong to the riparian owners up to the middle of the stream. page 21. 2 Chit. as such. For the law of Louisiana. part 1. R. It is meant that such an issue reduces the whole controversy to the single . License. 2. n. 1. B. 111. A piece of land surrounded by water. 90. 4 Mason’s R. Authority. H 3. Ab. 2. 5. Bac. the defendant was a feme covert. seems to have been borrowed from the civil law. founded on reason. 56. Leading or tending to an issue. 420. as that the writing was delivered to A B as an escrow. It is said to consist of a single point. 9 Pick. 1. art. Fleta. of an affirmative and negative. 22 Vin. belong in equal parts to the riparian proprietors when they arise. 2 Bl. so. 4 Pick. 22. t. 17 Ves. P. The owner of land over which there is a current stream. 19. Action on the case. P. law. R. ISSINT. 2. ISSUE. It is legal or conventional. Ang. An issue in law admits all the facts and rests simply upon a question of. 1 Rop. 136. 657. 260. and article Legatee. 2. R. _64. and consisting. 14 S. 1 Swift’s Dig. 584. Gould on Pl. Issues are material when properly formed on some material point. on Waters: 38. Bract. 1. An issue. because when pleas were in that language this word was used. R. 266. Revocation. and vide 1 Root’s R. provided the river be not thereby materially lessened. 507. n. shows that it is not in law his deed. necessarily. 257. D.become irrevocable. 319. 19 Ves. 29 8. ISSUABLE. they belong to the first occupant: but when they are newly formed so near the shore as to be within the boundary of some state. but by this it must be understood that such issue involves. and the water absorbed be imperceptible or trifling. 111." Bac. 1. lib. R. R. IRRIGATION. Vide Inst. Ersk. But when this word is used in a will. which though found by the verdict will not determine the merits of the cause. regularly. 6 Bing. 547. in its most enlarged signification. becomes void. ISSUE. IRRITANCY. allege any special matter which admits the execution of the writing in question. Irritancy is a kind of forfeiture. and immaterial. 522. 2. 1 Rop. 379. kindred. 268. Ab. 83. The French law coincides with our own. Ab. 7. Ves. the time of making the writing. when formed on some immaterial fact. In common parlance. Burt. Those in the sea are either in the open sea. 25. c. The act of wetting or moist ening the ground by artificial means. Dougl. 473. mostly on one side. 8 Com. 1 Chit. II. 630. Rep. they belong to that state. R. 41. Bl. see Civil Code. 7 Ves. 1 Lois des Bƒtimens. 4. n. This term is of very extensive import. lib. 6. 321. 2 Conn. An example of this form of plea which is sometimes called the special general issue. Inst. Curtesy of England. F. Leg. but which. Com. 2 Swift’s Syst. R. I 2. 584. instead of pleading non est factum in the common form. The doctrine of the common law on this subject. _4. Ham. 505. 117.
Formerly the general issue was seldom pleaded. in a proper and artificial manner. which denies the deed only. no disseisin committed. instead of being direct. 2 Saund. 3 Bl. are the following: 1st. may be given in evidence at the trial upon the general issue. This is so called. 11. the court merely demands the third part of acres of land. are called general issues. Ab. An informal issue is one which arises when a material allegation is traversed in an improper or artificial manner. 2 Black. The general issue upon a writ of right is formed by two affirmatives: the demandant. A feigned issue is one directed by a court. permitted the general issue to be pleaded. When in a court of equity any matter of fact is . Dig. and rests the weight of his case upon it. G 2. for the purpose of trying a question of right between the parties. avers that he has greater right than the tenant. Issues in fact are divided into general issues. where the defendant pleads nul tort. when pleaded to an action of covenant broken. Com. every issue in fact. 278. Pl. This issue is called the mise. The general issue denies in direct terms the whole declaration. 329.. 1312. and the other denying it. The defect is cured by verdict. In this case. and. and that he could not endow the demandant thereof. c. In an action of dower. 2 Str. These pleas. and was originally intended to keep the law and the fact distinct. By the common law. 2. G 1. This mode of negation. &c. Common issue is the name given to that which is formed on the single plea of non est factum. The special issue is when the defendant takes issue upon anly one substantial part of the declaration. which at once includes the facts. 6. Pleader. and the legislature in others. &c. on one side. since the plea of non est fadum. Pl. as the dower of the demandant of the endowment of A B. except where the defendant meant wholly to deny the charge alleged against him for when he meant to avoid and justify the charge.. that the first cannot in any degree be true. and the plaintiff replied that he was born in England. on the other. 2. that every defence which cannot be. 5. 319. Issues are also divided into actual and feigned issues. and the general issue is. it was usual for him to set forth the particular ground of his defence as. special issues. 8. Co. Com. 195. or non culpabilis. 14. R. which denies and puts in issue the whole of the declaration. 149. it was sufficient to form a good issue. is one in which the parties disagree as to their existence. and argumentativeness is not generally allowed in pleading. Gould. by the statute of 32 H. which appears to have been necessary’ to apprize the court and the plaintiff of the particular nature and circumstances of the defendant’s case. 3 Green. 126. and special matter to be given in evidence under it at the trial. in contradistinction to tho general issue. R. 482. c. must consist of a direct affirmative allegation on the one side. part 1. &c. and common issues. Lawes on Pl. 30. or in real actions. 2d. 5 Pet. 305. &c. 1177. 10. _7 and _10. R 1. and of a direct negative on the other. Ev. 2. and the like. 13.question. Pl. subject to some exceptions. But the science of special pleading having been frequently perverted to the purposes of chicane and delay. generally by a court exercising equitable powers. there were two affirmatives. 6.) Lawes. 113. because. by importing an absolute and general denial of all the matters alleged in the declaration. that he is not guilty of the facts alleged in the declaration. 6. whether the facts confessed by the issue are sufficient in law to maintain the action or defence of the party who alleged them. 8 T. and the law of the case. But it has been holden that when the defendant pleaded that he was born in France.. Ab. 7. N 5. Issues are formal and informal. no wrong done − or nul disseisin. and the ground upon which the issue was holden to be good is that the second affirmative is so contrary to the first. 2 Saund. Litt. which are noticed below.. and cannot give them in evidence on that general plea. specially pleaded. And even now it is an invariable rule. 3 Chit. 232. one affirming they exist. a special plea. and not the breach. &c. 305. it will be observed. where the defendant pleads nil debet. is merely argumentative. they at once put them all in issue. that A B was not seised of such estate. because to an action of covenant broken there can properly be no general issue. An actual issue is one formed in an action brought in the regular manner. (q. 9. that the tenant has a greater right than the demandant. Com. _9. 6. n. Pleas. the courts have in some instances. does not put the whole declaration in issue. An issue in fact. Bac. 652: 3 Bl. v. a. The exceptions above mentioned to the rule that a direct affirmative and a direct negative are required. for the purpose of trying before a jury a matter in dispute between the parties. as in personal actions.. he is then said to take a special issue. 4. &c. 6. heretofore the hushand. 1 Chit. 1 Wils. 12. Pleas. that he owes the plaintiff nothing. the equity. so the defendant is in many cases obliged to plead the particular circumstances of his defence specially. A formal issue is one which is formed according to the rules required by law. VIII. Pl. a. 330.
an officer who is authorized to make official copies of his notarial acts. 482. 9. t. generally Bouv. Index. 37. and award of the mode of the decision as contained in the demurrer.strongly contested. ISSUE ROLL. 99. when he is living." which from the first word is called the ita quod. These feigned issues are frequently used in the courts of law. Pr. 256 1 Bro. 452. ITEM. 1 Ca. Jac. writes instead of the deceased notary’s name. Cro. Cro. 3 Bl. which is required. C. ITINERANT. issue is joined. by consent of the parties. and then proceeds with the transcript of the declaration and subsequent pleadings. law. After final judgment. When the submission is with an ita guod. issue or paper book. Eng. or charged upon a particular estate. 98. See Fictitious action. to determine some disputed rights without the formality of pleading. then avers it is his will. who were sent with commissions into certain counties to try causes. Also. 7 East. These words signify so it is. The goods and profits of the lands of a defendant against whom a writ of distringas or distress infinite has been issued. that a certain paper is the last will and testament of A. Car. but assumes that of judgment roll. 81. 368. 849. 2 Arch. James’ legacy as well as Peter’s will be a charge upon the same property. especially such important facts as the validity of a will. continuances. Vide Construction. item a legacy to James. 2 Vern. of the Dig. and punish the parties engaged. issue or paper book is entitled. for the trial of a feigned issue without such consent is a contempt. of and. and therefore demands the money. Inst. 2. 280. the issue roll is no longer called by that name. book 2. taken by virtue of such writ. Vide Disjunctive. or the award will be entirely void. 1 Salk. Arbitr. tit. submitted to him of which he had notice. Travelling or taking a journey. Ab. Chan. 109. Roll. the defendant admits the wager but avers that. Pl. Vide Way. or whether A is the heir at law of B. for example. 844. likewise. and thereupon that. A foot way. 402. on Law. the fact is usually directed to be tried in a court of law upon a feigned issue. 2. 3 Atk. 262. But as no jury is summoned to attend this court. are called issues. A tongue or strip of land between two seas. warrants of attorney supposed to have been given by the parties at the commencement of the cause. 3. 86. on Leg. the arbitrator must make an award of all matters. In law it is to be construed conjunctively. Com. Eng. and the. 2 Rop. 15. a second time. The consent of the court must also be previously obtained. 1 Rolle’s Ab. and thus the verdict of the jurors at law determines the fact in the court of equity. _ . 206. ITA QUOD. in like manner. ITER. ITA EST. 1 Mod. The name or condition in a submission which is usually introduced by these words "so as the award be made of and upon the premises. 436. L. Com. Among the civilians when a notary dies. See. it is not the will of A. ISSUES. C. which will authorize the court to order the proceeding to be stayed. These are the various meanings of this Latin adverb. in the sense. or also. 351. again. R. leaving his register. law. 100.. ita est. The name of a record which contains an entry of the term of which the demurrer book. in such a manner as to connect sentences. Steph. 1 Chit. 234. 1 Atk. Law. h. which is directed out of chancery to be tried. ISTHMUS. Glos. Vaugh. 3 Bl. In England there were formerly judges called Justices itinerant. For this purpose an action is brought in which the plaintiff by a fiction dares that he laid a wager for a sum of money with the defendant. 4 T. 16. If therefore a testator bequeath a legacy to Peter payable out of a particular fund. the court usually directs the matter to be tried by a jury. and by this practice much time and expense are saved in the decision of a cause. Cr. 200.
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