IBIDEM. 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

   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

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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

   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.

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  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.

 Jan., Aug., Dec.  | March, May,     | April, June,    | February

       31  days.         | July,  Oct.,       | Sept., Nov.,    |

                   |   31  days.         |   30 days.      |   29


  1 | Calendis.    | Calendis        | Calendis        | Calendis

         Bouvier's Law Dictionary : I1 : Page 3 of 129

  2 | 4 Nonas.          |  6 Nonas          | 4 Nonas         | 4

  3 | 3 Nonas.          |  5 Nonas          | 3 Nonas         | 3

   4 |  Prid. Non.    | 4 Nonas         | Prid. Non.      | Prid.

  5 | Nonis       | 3 Nonas        | Nonis           | Nonis

  6 | 8 Idus      | Prid. Non.      | 8 Idus        | 8 Idus

  7 | 7 Idus      | Nonis          | 7 ]dus         | 7 Idus

  8 | 6 Idus      | 8 Idus         | 6 Idus         | 6 Idus

  9 | 5 Idus      | 7 Idus         | 5 Idus         | 5 Idus
 10 | 4 Idus      | 6 Idus         | 4 Idus         | 4 Idus
 11 | 3 Idus      | 5 Idus         | 3 Idus         | 3 Idus
 12 | Prid. Idus   | 4 Idus        | Prid. Idus      | Prid. Idus
 18 | Idibus      | 3 Idus         | Idibiis        | Idibus
 14 | 19 Cal.     | Prid. Idus      | 18 Cal.               |  16
 15 | 18 Cal.     | Idibus         | 17 Cal.        | 15 Cal.
 16 | 17 Cal.     | 17 Cal.         | 16 Cal.               |  14
 17 | 16 Cal.     | 16 Cal.         | 15 Cal.            | 3 Cal.
 18 | 15 Cal.     | 15 Cal.         | 14 Cal.               |  12
 19 | 14 Cal.     | 14 Cal.         | 13 Cal.               |  11
 20 | 18 Chl.     | 13 Cal.         | 12 Cal.               |  10
 21 | 12 Cal.     | 12 Cal.         | 11 Cal.            | 9 Cal.
 22 | 11 Cal.     | 11 Cal.         | 10 Cal.            | 8 Cal.
 23 | 10 Cal.     | 10 Cal.         | 9 Cal.        | 7 Cal.
 24 | 9 Cal.      | 9 Cal.         | 8 Cal.         | 6 Cal.*
 25 | 8 Cal.      | 9 Cal.         | 7 Cal.         | 5 Cal.
 26 | 7 Cal.      | 7 Cal.         | 6 Cal.         | 4 Cal.
 27 | 6 Cal.      | 6 Cal.         | 5 Cal.         | 3 Cal.
 28 | 5 Cal.      | 5 Cal.         | 4 Cal.         | Prid. Cal.
 29 | 4 Cal.      | 4 Cal.         | 3 Cal.          |
 30 | 3 Cal.      | 3 Cal.         | Prid. Cal.      |
 31 | Prid. Cal.   | Prid. Cal.      |                 |

* 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.

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   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

         Bouvier's Law Dictionary : I1 : Page 5 of 129

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  they  may
acquire property by descent.

  Vide, generally, 1 Dow's Parl. Cas. new series, 392;  3 Bligh's
R. 1;   19  Ves. 286, 352, 353;  Stock ou the Law of Non Compotes
Mentis;  Bouv. Inst. Index, h. t.

   IDIOTA INQUIRENDO,  WRIT DE.  This is  the name of an old writ
which directs the sheriff to inquire whether a man be an idiot or
not. The inquisition is to be made by a jury of twelve men. Fitz.
N. B. 232.

   IDLENESS. The  refusal or  neglect to  engage  in  any  lawful
employment, in order to gain a livelihood.

   2. The  vagrant act  of 17  G. II.  c.  5,  which,  with  some
modifications, has  been adopted,  in perhaps most of the states,
describes idle  persons to  be those who, not having wherewith to
maintain themselves, live idle, without employment, and refuse to
work for  the usual  and  common,  wages.  These  are  punishable
according to  the difrerent  police regulations,  with  fine  and
imprisonment.  In   Pennsylvania,  vagrancy  is  punished,  on  a
conviction before a magistrate, with imprisonment for one mouth.

  IGNIS JUDICIUM, Eng. law. The name of the old judicial trial by

  IGNOMINY. Public disgrace, infamy, reproach, dishonor. Ignominy
is the opposite of esteem. Wolff, §145. See Infamy.

   IGNORAMUS, practice.  We are ignorant. This word, which in law
means we  are uninformed,  is written  on a bill by a grand jury,
when they find that there is not sufficient evidence to authorize
their finding  it a  true bill.  Sometimes, instead of using this
word, the grand jury endorse on the bill, "Not found." 4 Bl. Com.
305. Vide Grand Jury.

  IGNORANCE. The want of knowledge.

   2. Ignorance  is distinguishable from error. Ignorance is want
of knowledge;   error  is the non-conformity or opposition of our
ideas to  the truth.  Considered as  a  motive  of  our  actions,
ignorance differs but little from error. They are generally found
together, and what is said of one is said of both.

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   3.  Ignorance  and  error,  are  of  several  kinds.  1.  When
considered as  to their  object, they  are of law and of fact. 2.
When  examined   as  to  their  origin,  they  are  voluntary  or
involuntary, 3. When viewed with regard to their influence on the
affairs of men, they are essential or non-essential.

   4. -  §1. Ignorance  of law  and fact.  1. Ignorance  of  law,
consists in  the want  of knowledge of those laws which it is our
duty to  understand, and which every man is presumed to know. The
law forbids  any one to marry a woman whose hushand is living. If
any man,  then, imagined he could marry such a woman, he would be
ignorant of  the law;  and, if he married her, he would commit an
error as to a matter of law. How far a party is bound to fulfil a
promise to  pay, upon  a supposed  liability, and in ignorance of
the law,  see 12  East, R.  38;  2 Jac. & Walk. 263;  5 Taunt. R.
143;   3 B.  & Cresw.  R. 280;  1 John. Ch. R. 512, 516;  6 John.
Ch. R.  166;  9 Cowen's R. 674;  4 Mass. R. 342;  7 Mass. R. 452;
7 Mass.  R. 488;   9 Pick. R. 112;  1 Binn. R. 27. And whether he
can be  relieved from  a contract  entered into  in ignorance  or
mistake of  the law.  1 Atk. 591;  1 Ves. & Bea. 23, 30;  1 Chan.
Cas. 84;   2  Vern. 243;  1 John. Ch. R. 512;  2 John. Ch. R. 51;
1 Pet. S. C. R. 1;  6 John. Ch. R. 169, 170;  8 Wheat. R. 174;  2
Mason, R. 244, 342.

   5. -  2. Ignorance of fact, is the want of knowledge as to the
fact in  question. It  would be an error resulting from ignorance
of a  fact, if a man believed a certain woman to be unmarried and
free, when  in fact,  she was  a married  woman;   and were he to
marry  her   under  that  belief,  he  would  not  be  criminally
responsible. Ignorance of the laws of a foreign government, or of
another state;   is  ignorance of  a fact. 9 Pick. 112. Vide, for
the difference  between ignorance of law and ignorance of fact, 9
Pick. R. 112;  Clef. des Lois Rom. mot Fait;  Dig. 22, 6, 7.

  6. - §2. Ignorance is either voluntary or involuntary. 1. It is
voluntary when  a party  might, by  taking reasonable pains, have
acquired the  necessary knowledge.  For example,  every man might
acquire a  knowledge of  the laws  which have been promulgated, a
neglect to  become acquainted  with them  is therefore  voluntary
ignorance. Doct. & St. 1, 46;  Plowd. 343.

   7. -  2. Involuntary  ignorance is that which does not proceed
from choice, and which cannot be overcome by the use of any means
of knowledge known to him
 and  within his power;  as, the ignorance of a law which has not
yet been promulgated.

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   8. - §3. Ignorance is either essential or non-essential. 1. By
essential ignorance  is understood  that which has for its object
some essential  circumstance so  intimately connected  with  the:
matter in  question, and  which so influences the parties that it
induces them  to act  in the  business. For  example, if A should
sell his  horse to  B, and  at the time of the sale the horse was
dead, unknown  to the parties, the fact of the death would render
the sale void. Poth. Vente, n. 3 and 4;  2 Kent, Com. 367.

  9. - 2. Non-essential or accidental ignorance is that which has
not of  itself any  necessary  connexion  with  the  business  in
question, and  which is  not the  true consideration for enteting
into the  contract;   as, if  a man  should marry a woman whom he
believed to  be rich,  and she proved to be poor, this fact would
not be essential, and the marriage would therefore be good. Vide,
generally, Ed.  Inj. 7;  1 Johns. h. R. 512;  2 Johns. Ch. R. 41;
S. C.  14 Johns.  R 501;   Dougl. 467;  2 East, R. 469;  1 Campb.
134:   5 Taunt.  379;   3 M.  & S. 378;  12 East, R. 38;  1 Vern.
243;  3 P. Wms. 127, n.;  1 Bro. C. C. 92;  10 Ves. 406;  2 Madd.
R. 163;   1  V. &  B. 80;  2 Atk. 112, 591;  3 P. Wms. 315;  Mos.
364;   Doct. & Stud. Dial. 1, c. 26, p. 92;  Id. Dial. 2, ch. 46,
p. 303;  2 East, R. 469;  12 East, R. 38;  1 Fonbl. Eq. B. 1, ch.
2, §7,  note v;   8  Wheat. R.  174;  S. C. 1 Pet. S. C. R. 1;  1
Chan. Cas.  84;   1 Story,  Eq. Jur.  §137, note  1;  Dig. 22, 6;
Code, 1,  16;  Clef des Lois Rom. h. t.;  Merl. R‚pert. h. t.;  3
Sav. Dr. Rom. Appendice viii., pp. 337 to 444.

   ILL FAME. This is a technical expression, that which means not
only bad  character as  generally understood,  but every  person,
whatever may  be his  conduct and  character in  life, who visits
bawdy houses,  gaming houses,  and other  places which are of ill
fame, is a person of ill fame. 1 Rogers' Recorder, 67;  Ayl. Par.
276;   2 Hill, 558;  17 Pick. 80;  1 Hagg. Eccl. R. 720;  2 Hagg.
Cons. R.  24;   1 Hagg. Cons. R. 302, 303;  1 Hagg. Eccl. R. 767;
2 Greenl. Ev. §44.

   ILLEGAL. Contrary to law;  unlawful.

   2. It  is a general rule, that the law will never give its aid
to a  party who has entered into an illegal contract, whether the
same be  in direct violation of a statute, against public policy,
or opposed  to  public  morals.  .Nor  to  a  contract  which  is
fraudulent, which affects the defendant or a third person.

   3. A  contract in  violation of  a statute is absolutely void,
and, however  disguised, it  will be  set aside,  for no  form of
expression can  remove the  substantial defect  inherent  in  the
nature of  the transaction;  the courts will investigate the real
object of  the contracting  parties, and  if that be repugnant to
the law, it will vitiate the transaction.

   4. Contracts against the public policy of the law, are equally
void as  if they  were in  violation of  a  public  statute;    a
contract not to marry any one, is therefore illegal and void. See

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   5. A  contract against  the purity of manners is also illegal;
as, for  example, a agreement to cohabit unlawfully with another,
is therefore void;  but a bond given for past cohabitation, being
considered as  remuneration for  past injury, is binding. 4 Bouv.
Inst. n. 3853.

   6. All  contracts which have for their object, or which may in
their consequences,  be injurious  to third  persons,  altogether
unconnected with  them, are  in general  illegal and void. Of the
first, 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, and  agreed to pay the bail, part of the money which was so
exacted. 2 Burr. 924. The case of a wager between two persons, as
to the  character of  a third, is an example of the second class.
Cowp. 729;   4  Camp. 152;   1  Rawle, 42;   1  B. & A. 683. Vide
lllicit;  Unlawful.

   ILLEGITIMATE. That  which is  contrary to  law;  it is usually
applied to  children born  out of  lawful wedlock.  A bastard  is
sometimes called an illegitimate child.

   ILLEVIABLE. A  debt or  duty that  cannot or  ought not  to be
levied. Nihil set upon a debt is a mark for illeviable.

   ILLICIT. What  is unlawful  what is forbidden by the law. Vide

  2. This word is frequently used in policies of insurance, where
the assured  warrants against  illicit trade. By illicit trade is
understood that  "which is  made unlawful  by  the  laws  of  the
country to which the object is bound." The assured having entered
into this  warranty, is  required to  do no act which will expose
the vessel  to be  legally condemned.  2 L.  R.  337,  338.  Vide
Insurance;  Trade;  Warranty.

   ILLICITE. Unlawfully.

   2. This  word has  a technical meaning, and is requisite in an
indictment where the act charged is unlawful;  as, in the case of
a riot. 2 Hawk. P. C. 25, §96.

  ILLINOIS. The name of one of the United States of America. This
state was  admitted into  the Union  by virtue  of a  "Resolution
declaring the admission of the state of Illinois into the Union,"
passed December  3, 1818,  in the following words:  Resolved, &c.
That, whereas,  in pursuance of an Act of Congress, passed on the
eighteenth day of April, one thousand eight hundred and eighteen,
entitled "An  act to  enable the people of the Illinois territory
to  form  a  constitution  and  state  government,  and  for  the
admission of  such state into the Union, on an equal footing with
the original  states," the  people of  said territory did, on the
twenty-sixth day  of August, in the present year, by a convention
called for  that purpose,  form for themselves a constitution and
state government,  which constitution  and state  government,  so

         Bouvier's Law Dictionary : I1 : Page 9 of 129

formed, is republican, and in conformity to the principles of the
articles of  compact between  the original  states and the people
and States  in the  territory northwest of the river Ohio, passed
on the  thirteenth day  of July,  one thousand  seven hundred and
eighty-seven:   Resolved, &c. That the state of Illinois shall be
one, and  is hereby  declared to  be one, of the United States of
America, and admitted into the Union on an equal footing with the
original states, in all respects whatever.

   2. A  constitution for  this state,  was adopted in convention
held at  Kaskaskia, on  the  26th  day  of  August,  1818,  which
continued in  force until  the first  day  of  April;    1848.  A
convention to  revise the  constitution assembled at Springfield,
June 7,  1847, in  pursuance of an act of the general assembly of
the state  of Illinois,  entitled "An act to provide for the call
of a  convention:   On  the  first  day  of  August,  1848,  this
convention adopted  a constitution  of the state of Illinois, 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, A. D. 1848.

   3. It will be proper to consider, 1. The rights of citizens to
vote  at   elections.  2.  The  distribution  of  the  powers  of

   4. -  1. The sixth article directs that, §1. In all elections,
every white  male citizen  above the  age  of  twenty-one  years,
having resided in the state one year next preceding any election,
shall be entitled to vote at such election;  and every white male
inhabitant of  the age  aforesaid, who  may be  a resident of the
state' at  the time  of the  adoption of this constitution, shall
have the  right of  voting as  aforesaid;  but no such citizen or
inhabitant shall be entititled to vote, except in the district or
county in  which he  Shall actually  reside lit  the time of such

   §2. All votes shall be given by ballot.

   §5. No  elector loses  his residence in the state by reason of
his absence on business of the United States, or this state.

   §6. No  soldier, seaman  or mariner  of the  United States, is
deemed a resident of the state, in consequence of being stationed
within the state.

   5. The second article distributes the powers of the government
as follows:

  §1. The powers of the government of the state of Illinois shall
be divided  into three  distinct departments, and each of them be
confided to  a separate  body of magistracy, to wit:  Those which
are legislative,  to one;  those which are executive, to another;
and those which are judicial, to another.

         Bouvier's Law Dictionary : I1 : Page 10 of 129

   2. No  person, or  collection of  persons, being  one of these
departments, shall  exercise  any  power  properly  belonging  to
either of,  the others,  except as hereinafter expressly directed
or permitted;   and  all acts  in contravention  of this  section
shall be void. These will be separately considered.

   6. The  legislative department  will be considered by taking a
view, 1.  Of those  parts of the constitution which relate to the
general  assembly.   2.  Of  the  senate.  3.  Of  the  house  of

   7. -  1st. Of  the general  assembly. The third article of the
constitution provides as follows

   §1. The legislative authority of this state shall be vested in
a general assembly;  which shall consist of a senate and house of
representatives, both to be elected by the people.

   §2. The  first election for senators and representatives shall
be held  on the  Tuesday after  the first Monday in November, one
thousand  eight   hundred  and   forty-eight;    and  thereafter,
elections for  members of the general assembly shall be held once
in two  years, on  the Tuesday  next after  the first  Monday  in
November, in each and every county, at such places therein as may
be provided by law.

   §7. No  person elected to the general sembly shall receive any
civil appointment  within this  state, or  to the  senate of  the
United States,  from the  governor, the  governor and  senate, or
from the  general assembly,  during the  term for  which he shall
have been  elected;   and all  such appointments,  and all  votes
given for  any such  member for  any such  office or appointment,
shall be  void;   nor shall any member of the general assembly be
interested, either  directly or  indirectly, in any contract with
the state,  or any  county thereof,  authorized by any law passed
during the  time for  which he shall have been elected, or during
one year after the expiration thereof.

   §12. The  senate and house of representatives, when assembled,
shall each  choose a  speaker and other officers, (the speaker of
the  senate   excepted.)  Each   house   shall   judge   of   the
qualifications and  election of its own members, and sit upon its
own adjournments.  Two-thirds of  each house  shall constitute  a
quorum but  a smaller  number may  adjourn from  day to  day, and
compel the attendance of absent members.

   §13. Each  house shall  keep a journal of its proceedings, and
publish them.  The yeas  and nays  of the members on any question
shall, at  the desire  of any  two of  them, be  entered  on  the

   §14. 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, or to any individual, and have the
reasons of their dissent entered on the journals.

         Bouvier's Law Dictionary : I1 : Page 11 of 129

   §15. Each  house may  determine the  rules of its proceedings,
punish its  members  for  disorderly  behaviour,  and,  with  the
concurrence of  two-thirds of  all the  members elected,  expel a
member, but not a second time for the same cause;  and the reason
for such  expulsion shall  be entered  upon the journal, with the
names of the members voting on the question.

   §16. When vacancies shall happen in either house, the govenor,
or the  person exercising  the powers  of governor,  shall  issue
writs of election to fill such vacancies.

   §17. Senators  and representatives shall, in all cases, except
treason, felony or breach of the peace, be privileged from arrest
during the  session of  the general assembly, and in going to and
returning from  the same  and for  any speech or debate in either
house, they shall not be questioned in any other place.

  §18. Each house may punish, by imprisonment during its session,
any person,  not a  member, who  shall be guilty of disrespect to
the house,  by any  disorderly or contemptuous behaviour in their
presence:   Provided, such  imprisonment shall  not, at  any  one
time, exceed twenty-four hours.

   §19. The  doors of each house, and of committees of the whole,
shall be kept open, except in such cases as in the opinion of the
house require  secrecy. Neither  house shall, without the consent
of the  other, adjourn  for more  than two days, nor to any other
place than that in which the two houses shall be sitting.

   8. - 2d Of the senate. The senate will be considered by taking
a view  of, 1.  The qualification of senators. 2. Their election.
3. By  whom elected.  4. When  elected. 5. Number of senators. 6.
The duration of their office.

   9. First.  Art. 3, s. 4, of the Constitution, directs that "No
person shall  be a senator who shall not have attained the age of
thirty years;   who  shall not be a citizen of the United States,
five years  an inhabitant  of this  state, and  one year  in  the
county or  district in  which he  shall  be  chosen,  immediately
preceding his  election, if  such county  or district  shall have
been so  long erected;  but if not, then within the Iimits of the
county or  counties, district or districts, out of which the same
shall have  been taken  unless he  shall have  been absent on the
public business of the United States, or of this state, and shall
not, moreover, have paid a state or county tax."

   10. Secondly.  The senators  at  their  first  session  herein
provided for,  shall be  divided by  lot, as near as can be, into
two classes. The seats of the first class shall be vacated at the
expiration of  the second  year, and those of the second class at
the expiration  of the fourth year;  so that one-half thereof, as
near as  possible, may  be biennially  chosen forever thereafter.
Art. 31 s. 5.

         Bouvier's Law Dictionary : I1 : Page 12 of 129

   11. Thirdly. The senators are elected by the people.

   12. Fourthly.  The first election shall be held on the Tuesday
after the  first Monday  in November,  1848;   and thereafter the
elections shall  be on  the Tuesday  after the  first  Monday  in
November, once in two years. Art. 3, s. 2.

   13. Fifthly.  The senate shall consist of twenty-five members,
and the  house of  representatives shall  consist of seventy-five
members, until  the population  of the  state shall amount to one
million. of  souls, when  five members may be added to the house,
and five  additional members  for  every  five  hundred  thousand
inhabitants thereafter, until the whole number of representatives
shall amount  to one  hundred;   after which,  the  number  shall
neither be increased nor diminished;  to be apportioned among the
several counties according to the number of white inhabitants. In
all future  apportionments, where  more than  one county shall be
thrown into a representative district, all the representatives to
which said  counties may  be entitled  shall be  elected  by  the
entire district. Art. 3, s. 6.

   14. Sixthly.  The  senators  at  their  first  session  herein
provided for shall be divided by lot, as near as can be, into two
classes. The  seats of  the first  class shall  be vacated at the
expiration of  the second  year, and those of the second class at
the expiration  of the  fourth year, so that one-half thereof, as
near as  possible, may  be biennially  chosen forever thereafter.
Art. 3, s. 5.

   15. - 3. The house of representatives. This will be considered
in the  same order  which has  been observed  in relation  to the

   16. First.  No person  shall be a representative who shall not
have attained  the age  of twenty-five years;  who shall not be a
citizen of  the United  States, and  three years an inhabitant of
this state;   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, if  such county  or district  shall have
been so  long erected;  but if not, then within the limits of the
county or  counties, district or districts, out of which the same
shall have  been taken,  unless he  shall have been absent on the
public business of the United States, or of this state;  and who,
moreover, shall  not have  paid a state or county tax. Art. 3, s.

  17. Secondly. They are elected biennially.

  18. Thirdly. Representatives are elected by the people.

  19. Fourthly. Representatives are elected at the same time that
senators are elected.

         Bouvier's Law Dictionary : I1 : Page 13 of 129

   20. Fifthly.  The house  of representatives  shall consist  of
seventy-five members. See ante, No. 16.

   21. Sixthly. Their office continues for two years.

   22. -  2. The  executive department.  The executive  power  is
vested in  a governor.  Art. 4,  s.  1.  It  will  be  proper  to
consider, 1.  His  qualifications.  2.  His  election:    3.  The
duration of his office. 4. His authority and duty.

   23. First.  No person  except a  citizen of  the United States
shall be eligible to the office of governor, nor shall any person
be eligible to that office who shall not have attained the age of
thirty-five years,  and been  ten years a resident of this state;
and fourteen years a citizen of the United States. Art. 4 s. 4.

   24. Secondly.  His election is to be on the Tuesday next after
the first  Monday in  November. The  first election  in 1848, and
every fourth year afterwards.

   25. Thirdly.  He remains  in office  for four years. The first
governor is to be installed on the first Monday of January, 1849,
and the others every fourth;  year thereafter.

   26. Fourthly.  His authority and duty. He may give information
and recommend  measures  to  the  legislature,  grant  reprieves,
commutations  and   pardons,  except  in  cases  of  treason  and
impeachment, 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, and
take care that the laws be faithfully executed - on extraordinary
occasions,  convene  the  general  assembly  by  proclamation  be
commander-in-chief of the army and navy of the state, except when
they shall  be called  into the  service of  the United  States -
nominate, and,  by and with the consent and advice of the senate,
appoint  all  officers  whose  offices  are  established  by  the
constitution,  or   which  may  be  created  by  law,  and  whose
appointments -  are not  otherwise provided  for  -  in  case  of
disagreement between  the two  houses with respect to the time of
adjournment, adjourn  the general  assembly to  such time  as  he
thinks  proper,   provided  it  be  not  to  a  period  beyond  a
constitutional meeting  of the same. Art. 4. He has also the veto

   27. A lieutenant governor shall be chosen at every election of
governor, in  the same  manner, continue  in office  for the same
time, and possess the same qualifications. In voting for governor
and lieutenant governor, the electors shall distinguish whom they
vote for as governor, and whom as lieutenant-governor. Art. 4, s.
14. The following are his principal powers and duties

  §15. The lieutenant governor shall, by virtue of his office, be
speaker of  the senate,  have a  right, when  in committee of the
whole, to  debate and  vote on  all subjects,  and, whenever  the
senate are equally divided, to give the casting vote.

         Bouvier's Law Dictionary : I1 : Page 14 of 129

   §16. Whenever  the government  shall be  administered  by  the
lieutenant- governor,  or he shall be unable to attend as speaker
of the  senate, the senators shall elect one of their own, number
as speaker  for that occasion;  and if, during the vacancy of the
office of  governor, the  lieutenant governor shall be impeached,
removed from his office, refuse to qualify, or resign, or die, or
be absent  from the  state, the  speaker of  the senate shall, in
like manner, administer the government.
 §17.  The lieutenant  governor, while  he acts as speaker of the
senate, shall  receive for  his  service  the  same  compensation
which, shall,  for the  same period, be allowed to the speaker of
the house of representatives, and no more.
 §18.  If  the  lieutenant  governor  shall  be  called  upon  to
administer   the   government,   and   shall,   while   in   such
administration, resign,  die, or be absent from the state, during
the recess  of the  general assembly, it shall be the duty of the
secretary of state, for the time being, to convene the senate for
the purpose of choosing a speaker.

   §19. In  case of  the impeachment of the governor, his absence
from the,  state, or  inability to  discharge the  duties of  his
office, the  powers, duties,  and emoluments  of the office shall
devolve upon  the lieutenant  governor and  in case of his death,
resignation, or  removal, then upon the speaker of the senate for
the time  being, until  the governor,  absent or impeached, shall
return or  be  acquitted;    or  until  the  disqualification  or
inability shall  cease;  or until a new governor shall be elected
and qualified.

   §20. In  case of  a vacancy in the office of governor, for any
other cause than those herein enumerated, or in case of the death
of the governor elect before he is qualified, the powers, duties,
and  emoluments   of  the  office  devolve  upon  the  lieutenant
governor, or  speaker of  the senate,  as above provided, until a
new governor be elected and qualified.

  28. - 3. The judiciary department. The judicial power is vested
in one supreme court, in circuit courts, in county courts, and in
justices of  the peace;   but inferior local courts, of civil and
criminal jurisdiction, 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. Art. 5, s. 1. These
will be separately considered.

   29.  -  1st.  Of  the  supreme  court,  its  organization  and
jurisdiction. 1.  Of its  organization. 1st.  The judges  must be
citizens of  the United  States;   have resided in the state five
years previous to their respective elections;  and two years next
preceding their  election in  the division, circuit, or county in
which they  shall respectively  be elected;  and not be less than
thirty-five years  of age  at the time of their election. 2d. The

         Bouvier's Law Dictionary : I1 : Page 15 of 129

judges are  elected each  one in  a particular  district, by  the
people.  But the legislature may change the mode of election. 3d.
The  supreme   court  consists  of  a  chief  justice  and  three
associates, any  two of whom form a quorum;  and a concurrence of
two of  said judges  is necessary  to a  decision. 4th. They hold
their office for nine years. After the first election, the judges
are to  draw by lot, and one is to go out of office in three, one
in six,  and the  other in  nine years.  And one  judge is  to be
elected every  third year.  2. Of  thejurisdiction of the supreme
court. This  court has original jurisdiction in cases relative to
the, revenue,  in cases  of mandamus,  habeas corpus, and in such
cases of impeachment as may be by law directed to be tried before
it, and it has appellate jurisdiction in all other cases.

   30. -  2d. Of  the  circuit  courts,  their  organization  and
jurisdiction. 1st.  Of their  organization. The  state is divided
into nine  judicial districts,  in each of which a circuit judge,
having the same qualifications as the supreme judges, except that
he may be appointed at the age of thirty years, is elected by the
qualified electors,  who holds his office for six years and until
his successor  shall be  commissioned and  qualified;    but  the
legislature may  increase the  number of  circuits. 2d.  Of their
jurisdiction. The  circuit courts  have jurisdiction in all cases
at law  and equity, and in all cases of appeals from all inferior

  31. - 3d. Of the county courts. There is in each county a court
to be called a county court. It is composed of one judge, elected
by  the  people,  who  holds  his  office  for  four  years.  Its
jurisdiction extends  to all  probate and such other jurisdiction
as the  general assembly  may confer  in civil cases, and in such
criminal eases  as may  be prescribed by law, when the punishment
is by  fine only,  not exeeeding  one hundred dollars. The county
judge, with  such justices  of the peace in each county as may be
designated by law, shall hold terms for the transaction of county
business, and  shall perform  such other  duties as  the  general
assembly shall  prescribe;   Provided, the  general assembly  may
require that two justices, to be chosen by the qualified electors
of each  county, shall  sit with  the county  judge in all cases;
and there  shall be  elected, quadrennially,  in each  county,  a
clerk of  the county  court, who  shall be  ex officio  recorder,
whose compensation shall be fees;  Provided, the general assembly
may, by  law, make  the clerk  of the  circuit court  ex  officio
recorder, in lieu of the county clerk.

   32. - 4th. Of justices of the peace. There shall be elected in
each county  in this  state, in  such districts  as  the  general
assembly  may  direct,  by  the  qualified  electors  thereof,  a
competent number  of justices  of the peace, who shall hold their
offices for  the term  of four  years, and until their successors
shall have been elected and qualified, and who shall perform such
duties, receive such compensation, and exercise such jurisdiction
as may be prescribed by law.

         Bouvier's Law Dictionary : I1 : Page 16 of 129

   ILLITERATE. This  term is  applied to  one  unacquainted  with

   2. When  an ignorant  man, unable  to read,  signs a  deed  or
agreement, or  makes his  mark instead  of a  signature,  and  he
alleges, and  can provide  that it was falsely read to him, he is
not bound by it, in consequence of the fraud. And the same effect
would result,  if the  deed or  agreement were  falsely read to a
blind man,  who could have read before he lost his sight, or to a
foreigner who  did not  understand the  language. For  a plea  of
"laymen and  unlettered," see Bauer v. Roth, 4 Rawle, Rep. 85 and
pp. 94, 95.

   3. To  induce an  illiterate man, by false representations and
false reading,  to sign  a note  for a  greater amount  than that
agreed on, is indictable as a cheat. 1 Yerg. 76. Vide, generally,
2 Nels. Ab. 946;  2 Co. 3;  11 Co. 28;  Moor, 148.
 ILLUSION.  A species  of mania  in which  the sensibility of the
nervous system  is altered,  excited, weakened  or perverted. The
patient is  deceived by  the false  appearance of things, and his
reason is  not sufficiently  active and  powerful to  correct the
error, and  this last  particular is  what distinguishes the sane
from the  insane. Illusions  are not  unfrequent in  a  state  of
health, but  reason corrects  the errors  and dissipates  them. A
square tower  seen from  a distance  may  appear  round,  but  on
approaching it, the error is corrected. A distant mountain may be
taken for  a cloud, but as we approach, we discover the truth. To
a person  in the  cabin of a vessel under sail, the shore appears
to move;   but  reflection and  a closer examination soon destroy
this illusion. An insane individual is mistaken on the qualities,
connexions, and  causes of  the impressions he actually receives,
and he  forms wrong  judgments as  to his  internal and  external
sensations;   and his reason does not correct the error. 1 Beck's
Med. Jur.  538;  Esquirol, Maladies Mentales, pr‚m. partie, III.,
tome 1, p. 202. Dict. des Sciences M‚dicales, Hallucination, tome
20, p. 64. See Hallucination.

  ILLUSORY APPOINTMENT, chancery practice. Such an appointment or
disposition of  property under  a power  as is merely nominal and
not substantial.

  2. Illusory appointments are void in equity. Sugd. Pow. 489;  1
Vern. 67;  1 T. R. 438, note;  4 Ves. 785;  16 Ves. 26;  1 Taunt.
289;  and the article Appointment.

   TO IMAGINE,  Eng. law.  In cases of treason the law makes it a
crime to  imagine the death of the king. In order to complete the
offence there must, however, be an overt act the terms compassing
and imagining being synonymous. It. 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. Barr. on the Stat.
243, 4. Vide Fiction.

         Bouvier's Law Dictionary : I1 : Page 17 of 129

  IMBECILITY, med. jur.  A weakness  of the mind,  caused  by the
absence or  obliteration of  natural or acquired ideas;  or it is
described to  be an abnormal deficiency either in those faculties
which acquaint  us with  the qualities  and ordinary relations of
things, or  in those which furnish us with the moral motives that
regulate our  relations and conduct towards our fellow men. It is
frequently attended  with excessive  activity. of  one or more of
the animal propensities.

  2. Imbecility differs from idiocy in this, that the subjects of
the former possess some intellectual capacity, though inferior in
degree to  that possessed  by the  great mass  of mankind;  while
those of  the latter  are utterly destitute of reason. Imbecility
differs also  from stupidity.  (q. v.)  The former  consists in a
defect of  the mind,  which renders it unable to examine the data
presented to  it by  the senses,  and  therefrom  to  deduce  the
correct judgment;   that is, a defect of intensity, or reflective
power. The  latter is  occasioned by  a  want  of  intensity,  or
perceptive power.

   3. There  are various  degrees of  this disease.  It has  been
attempted to  classify the degrees of imbecility, but the careful
observer of nature will perhaps be soon satisfied that the shades
of  difference  between  one  species  and  another,  are  almost
imperceptible. Ray, Med. Jur. ch. 3;  2 Beck, Med. Jur. 550, 542;
1 Hagg.  Ecc. R.  384;  2 Philm. R. 449;  1 Litt. R. 252, 5 John.
Ch. R.  161;  1 Litt. R. 101;  Des Maladies mentales, consider‚es
dans leurs rapports avec la legislation civille et criminelle, 8;
Georget, Discussion medico-l‚gale sur la folie, 140.

   IMMATERIAL. What  is not  essential;   unimportant what is not
requisite;   what is  informal;   as, an  immaterial averment, an
immaterial issue.

   2. When  a witness  deposes to  something immaterial, which is
false, although  he is guilty of perjury in foro conscientiae, he
cannot be  punished for  perjury. 2 Russ. on Cr. 521;  1 Hawk. b.
1, c. 69, s. 8;  Bac. Ab. Perjury, A.

   IMMATERIAL AVERMENT.  One alleging with needless particularity
or unnecessary circumstances, what is material and requisite, and
which, properly,  might  have  been  stated  more  generally,  or
without such  circumstances or  particulars;  or, in other words,
it, is a statement of unnecessary particulars, in connexion with,
and as descriptive of, what is material. Gould on Pl. c. 3, §186.

   2. It  is highly  improper to  introduce immaterial averments,
because, when  they are  made, they  must be  proved;   as, if, a
plaintiff declare  for rent  on a  demise which  is described  as
reserving a  certain annual rent, payable "by four even and equal
quarterly payments," &c.;  and on the trial it appears that there
was no stipulation with regard to the time or times of payment of
the rents,  the plaintiff  cannot recover. The averment as to the
time, though  it need  not have been made, yet it must be proved,
and the  plaintiff having  failed in this, he cannot recover;  as
there is  a variance  between the  contract declared upon and the
contract proved. Dougl. 665.

         Bouvier's Law Dictionary : I1 : Page 18 of 129

   3. But  when the  immaterial averment  is such  that it may be
struck out  of the  declaration, without striking out at the same
time the  cause of  action, and when there is no variance between
the contract  as,  laid  in  the  declaration  and  that  proved,
immaterial averments  then need not be proved. Gould on Pl. C. 3,

  lMMATERIAL ISSUE. One taken on a point not proper to decide the
action;    for  example,  if  in  an  action  of  debt  on  bond,
conditioned for  the payment  of ten dollars and fifty cents at a
certain day,  the defend  ant pleads  the payment  of ten dollars
according to  the form  of  the  condition,  and  the  plaintiff,
instead of  demurring, tenders  issue upon  the  payment,  it  is
manifest that,  whether this  issue be found for the plaintiff or
the defendant,  it will  remain  equally  uncertain  whether  the
plaintiff is entitled to maintain his action, or not;  for, in an
action for  the penalty  of a  bond, conditioned to pay a certain
sum, the  only material  question is,  whether the exact sum were
paid or  not, and the question of payment of a part is a question
quite beside the legal merits. Hob. 113;  5 Taunt. 386.

   IMMEDIATE. That which is produced directly by the act to which
it is  ascribed,  without  the  intervention  or  agency  of  any
distinct intermediate cause.

   2. For  immediate injuries  the remedy is trespass;  for those
which are  consequential, an  action on the case. 11 Mass. R. 59,
137, 525;   1 & 2 Ohio R. 342;  6 S. & R. 348;  18 John. 257;  19
John. 381;   2  H. &  M. 423;   1 Yeates, R. 586;  12 S & R. 210;
Coxe, R.  339;   Harper's R.  113;  6 Call's R . 44;  1 Marsh. R.

   3. When  an immediate  injury is  caused  by  negligence,  the
injured party may elect to regard the negligence as the immediate
cause of  action, and  declare in  case;   or to consider the act
itself as  the immediate  injury, and  sue in  trespass. 14 John.
432;   6 Cowen,  342;  3 N. H. Rep. 465;  sed vide 3 Conn. 64;  2
Bos. & Pull. New Rep. by Day, 448, note. See Cause.

   IMMEMORIAL. That  which commences  beyond the  time of memory.
Vide Memory, time of.

  IMMEMORIAL POSSESSION. In Louisiana, by this term is understood
that of  which no  man living  has seen  the beginning,  and  the
existence of  which he  has learned from his elders. Civ. Code of
Lo. art. 762;  2 M. R. 214;  7 L. R. 46;  3 Toull. p. 410;  Poth.
Contr. de Societ‚, n. 244;  3 Bouv. Inst. n. 3069, note.

   IMMIGRATION. The  removing into  one place  from  another.  It
differs from  emigration, which is the moving from one place into
another. Vide Emigration.

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   IMMORAL  CONSIDERATION.  One  contrary  to  good  morals,  and
therefore invalid. See Moral obligation.

  IMMORALITY. that which is contra bonos mores. In England, it is
not punishable  in some  cases, at the common law, on, account of
the ecclesiastical  jurisdictions:  e. g. adultery. But except in
cases belonging to the ecclesiastical courts, the court of king's
bench is  the custom  morum, and  may punish delicto contra bonos
mores. 3  Burr. Rep.  1438;   1 Bl.  Rep. 94;  2 Strange, 788. In
Pennsylvania, and  most, if  not all  the United States, all such
cases come under one and the same jurisdiction.

   2. Immoral  contracts are  generally void;   an  agreement  in
consideration of future illicit cohabitation between the parties;
3 Burr.  1568;   S. C.  1 Bl. Rep. 517;  1 Esp. R. 13;  1 B. & P.
340, 341;   an  agreement for  the value  of libelous and immoral
pictures, 4  Esp. R.  97;   or for  printing a libel, 2 Stark. R.
107;   or  for  an  immoral  wager,  Chit.  Contr.  156,  cannot,
therefore, be  enforced. For  whatever arises  from an immoral or
illegal consideration,  is void:   quid  turpi ex causa promissum
est non valet. Inst. 3, 20, 24.

   3. It is a general rule, that whenever an agreement appears to
be illegal, immoral, or against public policy, a court of justice
leaves the  parties where  it finds them;  when the agreement has
been executed,  the court  will not  rescind it;  when executory,
the count will not help the execution. 4 Ohio R. 419;  4 John. R.
419;   11 John.  R. 388;   12  John. R. 306;  19 John. R. 341;  3
Cowen's R. 213;  2 Wils. R. 341.

   IMMOVABLES,  civil  law.  Things  are  movable  or  immovable.
Immovables, res  immobiles, are things in general, such as cannot
move themselves or be removed from one place to another. But this
definition, strictly  speaking, is applicable only to such things
as are  immovable by  their own nature, and not to such as are so
only by the destination of the law.

   2. There are things immovable by their nature, others by their
destination, and others by the objects to which they are applied.

   3. -  1. Lands  and buildings  or other constructions, whether
they have  their foundations in the soil or not, are immovable by
their nature.  By the  common law,  buildings erected on the land
are not  considered real  estate, unless they have been let into,
or united  to the  land, or  to substances  previously  connected
therewith. Ferard on Fixt. 2.

   4. - 2. Things, which the owner of the land has placed upon it
for its  service and  improvement, are immovables by destination,
as seeds,  plants, fodder,  manure, pigeons  in  a  pigeon-house,
bee-hives, and  the like.  By the  common. law, erections with or
without a  foundation, when  made for  the purpose  of trade, are
considered personal  estate. 2  Pet. S.  C. Rep. 137;  3 Atk. 13;
Ambl. 113

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   5. - 3. A servitude established on real estate, is an instance
of an  immovable, which  is so  considered in  consequence of the
object to which it is applied. Vide Civil Code of Louis. B. 2, t.
1, c.  2, art.  453-463;   Poth. Des  Choses, §1;   Poth.  de  la
Communante,  n.  25,  et  seq;    Clef  des  Lois  Romaines,  mot

  IMMUNITY. An exemption from serving in an office, or performing
duties  which  the  law  generally  requires  other  citizens  to
perform. Vide  Dig. lib. 50, t. 6;  1 Chit. Cr. L. 821;  4 Har. &
M'Hen. 341.

   IMMUTABLE. What  cannot be  removed, what is unchangeable. The
laws of God being perfect, are immutable, but no human law can be
so considered.

United States,  art. 1, s. 9, cl. 1, declares that no state shall
"pass any  bill of attainder, ex post facto law, or law impairing
the obligation of contracts."

  2. Contracts, when considered in relation to their effects, are
executed, that  is, by  transfer of  the possession  of the thing
contracted for;   or they are executory, which gives only a right
of action  for the  subject of  the contract.  Contracts are also
express or implied. The constitution makes no distinction between
one class  of contracts  and the other. 6 Cranch, 135;  7 Cranch,

   3. The obligation of a contract here spoken of is a legal, not
a mere  moral obligation;  it is the law which binds the party to
perform his  undertaking.  The  obligation  does  not  inhere  or
subsist in  the contract  itself, proprio  vigore, but in the law
appli- cable to the contract. 4 Wheat. R. 197;  12 Wheat. R. 318;
and. this  law is not the universal law of nations, but it is the
law of  the state  where the  contract is made. 12 Wheat. R. 213.
Any law  which enlarges,  abridges, or  in any manner changes the
intention of  the parties, resulting from the stipulations in the
contract, necessarily  impairs it.  12 Wheat.  256;   Id. 327;  3
Wash. C. C. Rep. 319;  8 Wheat. 84;  4 Wheat. 197.

   4. The  constitution  forbids  the  states  to  pass  any  law
impairing the  obligation of  contracts, but  there is nothing in
that instrument which prohibits Congress from passing such a law.
Pet. C.  C. R. 322. Vide, generally, Story on the Const. §1368 to
1891 Serg.  Const. Law,  356;  Rawle on the Const. h. t.;  Dane's
Ab. Index, h. t.;  10 Am. Jur. 273-297.

   TO IMPANEL,  practice. The  writing the  names of  a jury on a
schedule, by the sheriff or other officer lawfully authorized.

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  IMPARLANCE, pleading and practice. Imparlance, from the French,
parler, to  speak, or  licentia loquendi,  in  its  most  general
signification, means  time given  by the court to either party to
answer the  pleading of his opponent, as either, to plead, reply,
rejoin, &c.,  and is  said to be nothing else but the continuance
of the cause till a further day. Bac. Abr. Pleas, C. But the more
common signification of the term is time to plead. 2 Saund. 1, n.
2;  2 Show. 3 10;  Barnes, 346;  Lawes, Civ. Pl. 93, 94.

   2. Imparlances  are of three descriptions:  First. A common or
general imparlance.  Secondly. A  special imparlance.  Thirdly. A
general special imparlance.

   3. - 1. A general imparlance is the entry of a general prayer.
and allowance  of time  to plead  till  the  next  term,  without
reserving to  the defendant  the benefit  of any  exception;   so
that, after  such an  imparlance, the  defendant cannot object to
the jurisdiction  of the court, or plead any matter in abatement.
This kind of imparlance is always from one term to another.

   4.-2. A  special imparlance  reserves  to  the  defendant  all
exception to the writ, bill, or count;  and, therefore, after it,
the  defendant   may  plead  in  abatement,  though  not  to  the
jurisdiction of the court.

   5. -  3. A general special imparlance contains a saving of all
exceptions whatsoever,  so that  the defendant,  after this,  may
plead, not  only in abatement, but he may also plead a plea which
affects the  jurisdiction of  the court, as privilege. He cannot,
however, plead  a tender,  and that  he was  always ready to pay,
because, by  craving time,  he admits  he is  not ready,  and  so
falsifies his  plea. Tidd's  Pr. 418,  419. The last two kinds of
imparlances are,  it seems,  sometimes from one day to another in
the same term. See, in general, Com. Dig Abatement, I 19, 20, 21;
1 Chit.  Pl. 420;   Bac.  Abr. Pleas, C;  14 Vin. Abr. 335;  Com.
Dig. Pleader, D;  1 Sell. Pr. 265;  Doct. Pl. 291;  Encycl. de M.
D'Alembert, art. Delai (Jurisp.)

   IMPEACHMENT, const.  law, punishments.  Under the constitution
and laws of the United States, an impeachment may be described to
be a  written accusation,  by the house of representatives of the
United States,  to the  senate of  the United  States, against an
officer. The  presentment, written accusation, is called articles
of impeachment.

   2. The constitution declares that the house of representatives
shall have  the sole power of impeachment art. 1, s. 2, cl. 5 and
that  the   senate  shall   have  the   sole  power  to  try  all
impeachments. Art. 1, s. 3, cl. 6.

   3. The  persons  liable  to  impeachment  are  the  president,
vice-president, and all civil officers of the United States. Art.
2, s.  4. A question arose upon an impeachment before the senate,
in 1799,  whether a  senator was  a civil  officer of  the United
States, within  the purview  of this section of the constitution,

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and it  was decided  by the senate, by a vote of fourteen against
eleven, that  he was  not. Senate  Journ.,  January  10th,  1799;
Story on Const. §791;  Rawle on Const. 213, 214 Serg. Const. Law,

   4. The  offences for  which a  guilty officer may be impeached
are, treason,  bribery, and  other high  crimes and misdemeanors.
Art. 2, s. 4. The constitution defines the crime of treason. Art.
3, s.  3. Recourse must be had to the common law for a definition
of bribery.  Not having  particularly mentioned  what  is  to  be
understood by "other high crimes and misdemeanors," resort, it is
presumed, must  be had  to parliamentary practice, and the common
law, in order to ascertain what they are. Story, §795.

   5. The  mode of  proceeding, in  the institution  and trial of
impeachments, is  as follows:   When  a person who may be legally
impeached has been guilty, or is supposed to have been guilty, of
some malversation  in office,  a resolution  is generally brought
forward by  a member  of the  house of representatives, either to
accuse the party, or for a committee of inquiry. If the committee
report adversely  to the  party accused, they give a statement of
the charges,  and recommend  that he  be  impeached;    when  the
resolution is  adopted by the house, a  committee is appointed to
impeach the party at the bar of the senate, and to state that the
articles of  impeachment against  him will  be exhibited  in  due
time, and  made good  before the  senate, and  to demand that the
senate take  order for  the appearance  of the party to answer to
the impeachment.  The house  then  agree  upon  the  articles  of
impeachment, and  they are presented to the senate by a committee
appointed by  the house to prosecute the impeachment;  the senate
then issues process, summoning the party to appear at a given day
before them,  to answer to the articles. The process is served by
the sergeant-at-arms of the senate, and a return is made of it to
the senate,  under oath.  On the  return-day of  the process, the
senate resolves  itself into  a court  of  impeacmment,  and  the
senators are  sworn to  do justice, according to the constitution
and laws.  The person  impeached is  called to answer, and either
appears or does not appear. If he does not appear, his default is
recorded, and the senate may proceed ex parte. If he does appear,
either by  himself or  attorney, the parties are required to form
an issue,  and a  time  is  then  assigned  for  the  trial.  The
proceedings on  the trial are conducted substantially as they are
upon common  judicial trials.  If any  debates  arise  among  the
senators, they are conducted in secret, and the final decision is
given by  yeas and  nays;  but no person can be convicted without
the concurrence of two-thirds of the members present. Const. art.
1, s. 2, cl. 6.

   6. When  the president  is  tried,  the  chief  justice  shall
preside. The  judgment, in  cases of impeachment shall not extend
further than to removal from office, and disqualification to hold
and enjoy  any office of honor, trust, or profit under the United
States. Proceedings on impeachments under the state constitutions
are somewhat similar. Vide Courts of the United States.

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   IMPEACHMENT, evidence. An allegation, supported by proof, that
a witness who has been examined is unworthy of credit.

   2. Every witness is liable to be impeached as to his character
for truth;   and,  if  his  general  character  is  good,  he  is
presumed, at  all times, to be ready to support it. 3 Bouv. Inst.
n. 3224, et seq.

   IMPEACHMENT OF WASTE. It signifies a restraint from committing
waste upon  lands or  tenements;  or a demand of compensation for
waste done  by a  tenant who  has but  a particular estate in the
land granted, and, therefore, no right to commit waste.

   2. All  tenants for life, or any less estate, are liable to be
impeached for  waste, unless  they hold  without  impeachment  of
waste;   in the  latter case, they may commit waste without being
questioned, or any demand for compensation for the waste done. 11
Co. 82.

   IMPEDIMENTS, contracts.  Legal objections  to the  making of a
contract. Impediments  which relate  to the  person are  those of
minority, want  of reason,  coverture, and  the like;   they  are
sometimes called disabilities. Vide Incapacity.

   2. In  the civil  law, this  term is used to signify bars to a
marriage. These  impediments are  classed, as they are applied to
particular persons,  into absolute  and relative;  as they relate
to the  contract and  its validity, they are dirimant (q. v.) and
prohibitive. (q.  v.) 1. The absolute impediments are those which
prevent the person subject to them from marrying at, all, without
either the  nullity of marriage, or, its being punishable. 2. The
relative impediments  are those which regard only certain persons
with regard  to each  other;   as, the marriage of a brother to a
sister. 3.  The dirimant  impediments are  those which  render  a
marriage void;   as,  where one  of the  contracting  parties  is
already married to another person. 4. Prohibitive impediments are
those which  do not  render the  marriage null,  but subject  the
parties to a punishment. Bowy. Mod. Civ. Law, 44, 45.

   IMPERFECT. That which is incomplete.

   2. This term is applied to rights and obligations. A man has a
right to  be relieved  by his fellow-creatures, when in distress;
but this  right he  cannot enforce by law;  hence it is called an
imperfect right.  On the  other hand, we are bound to be grateful
for favors  received, but  we cannot be compelled to perform such
imperfect obligations. Vide Poth. Ob. arc. Pr‚liminaire;  Vattel,
Dr. des Gens, Prel. notes, §17;  and Obligations.

   IMPERIUM. The  right to  command, which  includes the right to
employ the  force of  the state to enforce the laws;  this is one
of the  principal attributes  of the  power of  the executive.  1
Toull. n. 58.

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   IMPERTINENT, practice,  pleading. What  does not appertain, or
belong to;  id est, qui ad rem non pertinet.

   2. Evidence  of facts  which do  not belong  to the  matter in
question, is  impertinent and  inadmissible. In  general, what is
immaterial is  impertinent, and  what is material is, in general,
not impertinent.  1 McC. & Y. 337. See Gresl. Ev. Ch. 3, s. 1, p.
229. Impertinent  matter, in  a declaration  or other pleading is
that which  does not  belong to  the subject;  in such case it is
considered as  mere surplusage,  (q. v.) and is rejected. Ham. N.
P. 25.  Vide 2  Ves. 24;   5 Madd. R. 450;  Newl. Pr. 38;  2 Ves.
631;  5 Ves. 656;  18 Eng. Com. Law R. 201;  Eden on Inj. 71.

   3. There is a difference between matter merely impertinent and
that which  is scandalous;   matter  may be  impertinent, without
being  scandalous;     but  if  it  is  scandalous,  it  must  be

   4. In equity a bill cannot, according to the general practice,
be referred  for impertinence after the defendant has answered or
submitted to  answer, but  it may  be referred for scandal at any
time, and  even upon  the application  of a stranger to the suit.
Coop. Eq. Pl. 19;  2 Ves. 631;  6 Ves. 514;  Story, Eq. Pl. §270.
Vide Gresl.  Eq. Ev.  p. 2,  c. 3,  s, 1;  1 John. Ch. R. 103;  1
Paige's R.  555;  I Edw. R. 350;  11 Price, R. 111;  5 Paige's R.
522;  1 Russ. & My. 28;  Bouv. Inst. Index, h. t.;  Scandal.

   IMPETRATION. The  obtaining anything by prayer or petition. In
the ancient  English statutes,  it signifies  a pre-obtaining  of
church benefices  in England  from  the  church  of  Rome,  which
belonged to the gift of the king, or other lay patrons.

  TO IMPLEAD, practice. To sue or prosecute by due course of law.
9 Watts, 47.

  IMPLEMENTS. Such things as are used or employed for a trade, or
furniture of a house.

   IMIPLICATA, mar.  law. In  order to  avoid the  risk of making
fruitless voyages,  merchants have been in the habit of receiving
small adventures  on freight  at so  much per cent, to which they
are entitled  at all  events, even if the adventure be lost. This
is what  the Italians  call implicata. Targa, chap. 34 Emer. Mar.
Loans, s. 5.

   IMPLICATION. An  inference of something not directly declared,
but arising from what is admitted or expressed.

   2. It  is a rule that when the law gives anything to a man, it
gives him by implication all that is necessary for its enjoyment.
It is  also a  rule  that  when  a  man  accepts  an  office,  he
undertakes by  implication to  use it  according to  law, and  by
non-user he may forfeit it. 2 B1. Com. 152.

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   3. An estate in fee simple will pass by implication;  6 John..
R. 185;   IS John. R. 31;  2 Binn. R. 464, 532;  such implication
must not only be a possible or probable one, but it must be plain
and necessary  that is, so strong a probability of intention that
an intention  contrary to  that imputed to the testator cannot be
supposed. 1  Ves. &  B. 466;   Willes,  141;  1 Ves. jr. 564;  14
John. R. 198. Vide, generally, Com. Dig. Estates by Devise, N 12,
13;  2 Rop. Leg. 342;  14 Vin. Ab. 341;  5 Ves. 805;  5 Ves. 582;
3 Ves. 676.

    IMPORTATION,  comm.  law.  The  act  of  bringing  goods  and
merchandise into  the United  States from  a foreign  country.  9
Cranch, 104, 120;  5 Cranch, 368;  2 Mann. & Gr. 155, note a.

   2. To  prevent the  mischievous interference  of  the  several
states with the national commerce, the constitution of the United
States, art.  1, s.  10, provides  as follows:   "No state shall,
without the consent of the congress, lay any imposts or duties on
imports or  exports, except  what may be absolutely necessary for
executing its  inspection laws, and the net produce of all duties
and imposts,  laid by  any state  on imports or exports, shall be
for the  use of  the treasury of the United States;  and all such
laws shall  be  subject  to  the  revision  and  control  of  the

   3. This  apparently plain  provision has  received a  judicial
construction. In  the year  1821,  the  legislature  of  Maryland
passed an  act requiring  that all importers of foreign articles,
commodities, &c.,  by the bale or package, of wine, rum, &c., and
other persons  selling the  same by  wholesale, bale  or package,
hogshead, barrel  or tierce,  should, before they were authorized
to sell,  take out  a license  for which  they were  to pay fifty
dollars, under  certain penalties.  A question arose whether this
act was  or was not a violation of the constitution of the United
States, and  particularly of  the above  clause, and  the supreme
court decided against the constitutionality of the law. 12 Wheat.

   4. The  act of  congress of  March 1,  1817, 3 Story, L. U. S.
1622, provides:

   5. - §1. That, after the 30th day of September next, no goods,
wares, or  merchandise, shall  be imported into the United States
from any  foreign port  or place, except in vessels of the United
States, 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, production or manufacture;  or from which such goods,
wares or  merchandise, can  only be  or most  usually are,  first
shipped for  transportation:   Provided, nevertheless,  That this
regulation shall  not extend to the vessels of any foreign nation
which has  not adopted,  and which  shall  not  adopt  a  similar

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   6. -  §2. That  all goods, wares or merchandise, imported into
the United States contrary to the true intent and meaning of this
act, and  the ship  or vessel wherein the same shall be imported,
together with her cargo, tackle, apparel, and furniture, shall be
forfeited  to  the  United  States  and  such  goods,  wares,  or
merchandise, ship,  or vessel,  and cargo,  shall be liable to be
seized, prosecuted,  and condemned, in like manner, and under the
same regulations,  restrictions, and  provisions,  as  have  been
heretofore   established    for   the    recovery,    collection,
distribution, and  remission, of forfeitures to the United States
by the several revenue laws.

   7. -  §4. That  no goods,  wares, or  merchandise,  shall,  be
imported, under  penalty of  forfeiture thereof, from one port of
the United  States to  another port  of the  United States,  in a
vessel belonging  wholly or  in part  to a subject of any foreign
power;   but this  clause shall  not be construed to prohibit the
sailing of  any foreign  vessel from  one to  another port of the
United States, provided no goods, wares, or mere other than those
imported in  such vessel  from some foreign port, and which shall
not have been unladen, shall be carried from one port or place to
another in the United States.

  8. - §6. That after the 30th day of September next, there shall
be paid  upon every  ship or  vessel of  the United States, which
shall be  entered in  the United  States from any foreign port or
place, unless  the officers,  and at least two-thirds of the crew
thereof, shall  be proved  citizens  of  the  United  States,  or
persons not  the Subjects  of any foreign prince or state, to the
satisfaction of the collector, fifty cents per ton:  And provided
also, that  this section  shall not extend to ships or vessels of
the United States, which are now on foreign voyages, or which may
depart from the United States prior to the first day of May next,
until after their return to some port of the United States.

  9.- §7. That the several bounties and remissions, or abatements
of duty,  allowed by  this act,  in the  case of vessels having a
certain proportion  of  seamen  who  are  American  citizens,  or
persons not  the subjects  of any foreign power, shall be allowed
only, in  the case  of vessels having such proportion of American
seamen during  their whole  voyage, unless  in case  of sickness,
death or  desertion, or where the whole or part of the crew shall
have been  taken prisoners  in the  voyage. Vide article Entry of
goods at the Custom-house.

   IMPORTS. Importations;   as  no state  shall lay any duties on
imports or  exports. Const.  U. S.  Art. 1,  s. 10;  7 How. U. S.
Rep. 477.

   IMPORTUNITY. Urgent  solicitation, with  troublesome frequency
and pertinacity.

   2. Wills and devises are sometimes set aside in consequence of
the importunity  of those  who have  procured them.  Whenever the

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importunity is  such as to deprive the devisor of the freedom, of
his will,  the devise becomes fraudulent and void. Dane's Ab. ch.
127, a. 14, s. 5, 6, 7;  2 Phillim. R. 551, 2.

  IMPOSITIONS. Imposts, taxes, or contributions.

   IMPOSSIBILITY. The  character of  that which.  cannot be  done
agreeably to the accustomed order of nature.

   2. It  is  a  maxim  that  no  one  is  bound  to  perform  an
impossibility. A  l'impossible nul n'est tenu. 1 Swift's Dig. 93;
6 Toull. n. 121, 481.

   3. As  to impossible  conditions in  contracts, see  Bac.  Ab.
Conditions, M;   Co. Litt. 206;  Roll. Ab. 420;  6 Toull. n. 486,
686;   Dig. 2, 14, 39;  Id. 44, 7, 31;  Id. 50, 17, 185;  Id. 45,
1, 69.  On the  subject of impossible conditions in wills, vide 1
Rop. Leg.  505;   Swinb. pt.  4, s.  6;    6  Toull.  614.  Vide,
generally, Dane's  Ab. Index,  h. t.;   Clef  des Lois  Rom.  par
Fieff‚ Lacroix,  h. t.;  Com. Dig. Conditions, D 1 & 2;  Vin. Ab.
Conditions, C a, D a, E a.

   IMPOSTS. This  word is  sometimes used  to signify  taxes,  or
duties, or  impositions;   and, sometimes, in the more restrained
sense  of  a  duty  on  imported  goods  and  merchandise  .  The
Federalist, No.  30;   3 Elliott's  Debates, 289;   Story, Const.

   2. The  Constitution of the United States, art. 1, s. 8, n. 1,
gives power  to congress  "to  lay  and  collect  taxes,  duties,
imposts and  excises." And  art. 1, s. 10, n. 2, directs that "no
state shall, without the consent of congress, lay any imposts, or
duties on  imports or  exports, except  what  may  be  absolutely
necessary for  executing  its  inspection  laws."  See  Bac.  Ab.
Smuggling, B;   2  Inst. 62;   Dy.  165 n.;   Sir  John Davis  on

     IMPOTENCE,  med.  jur.  The  incapacity  for  copulation  or
propagating the  species. It has also been used synonymously with

     2.  Impotence  may  be  considered  as  incurable,  ourable,
accidental or temporary. Absolute or incurable impotence, is that
for which  there is  no known  relief, principally originating in
some malformation  or defect  of the  genital organs.  Where this
defect existed at the time of the marriage, and was incurable, by
the ecclesiastical  law and  the law  of several  of the American
states, the  marriage may  be declared  void ab initio. Com. Dig.
Baron and  Feme, C  3;   Bac. Ab. Marriage, &c., E 3;  1 Bl. Com.
440;   Beck's Med.  Jur. 67;  Code, lib. 5, t. 17, l. 10;  Poynt.
on Marr.  and Div.  ch. 8;    5  Paige,  554;    Merl.  R‚p.  mot
Impuissance. But  it seems  the party  naturally impotent  cannot
allege that  fact for  the purpose  of  obtaining  a  divorce.  3
Phillim. R.  147;   S. C.  1 Eng. Eccl. R. 384. See 3 Phillim. R.

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325;   S. C. 1 Eng. Eccl. R. 408;  1 Chit. Med. Jur. 877;  1 Par.
& Fonbl.  172, 173.  note d;  Ryan's Med. Jur. 95. to 111;  1 Bl.
Com. 440;  2 Phillm. R. 10;  1 Hagg. R. 725. See, as to the signs
of impotence,  1 Briand,  M‚d. L‚g.  c. 2,  art.  2,  §2,  n.  1;
Dictionnaire des  Sciences M‚dicales,  art.  Impuissance;    and,
generally, Trebuchet,  Jur. de  la. Med.  100, 101, 102;  1 State
Tr. 315;   8  State Tr.  App. No. 1, p. 23;  3 Phillm. R. 147;  1
Hagg. Eccl. R. 523;  Foder‚, M‚d. L‚g. §237.

     IMPRESCRIPTIBILITY.  The   state  of   being  incapable   of

   2. A property which is held in trust is imprescriptible;  that
is the trustee cannot acquire a title to it by prescription;  nor
can the  borrower of  a thing  get a  right to it by any lapse of
time, unless  he claims  an adverse  right to  it during the time
required by law.

  IMPRIMATUR. A license or allowance to one to print.

   2. At  one time, before a book could be printed in England, it
was  requisite   that  a   permission  should  be  obtained  that
permission was  called an imprimatur. In some countries where the
press is liable to censure, an imprimatur is required.

  IMPRIMERY. In some of the ancient English statutes this word is
used to  signify a  printing-office, the art of printing, a print
or impression.

   IMPRIMIS. In  the first place;  as, imprimis, I direct my just
debts to be paid. See Item.

  IMPRISONMENT. The restraint of a person contrary to his will. 2
Inst. 589;   Baldw.  Rep. 239, 600. Imprisonment is either lawful
or unlawful;   lawful  imprisonment is  used either for crimes or
for the  appearance of  a party  in a civil suit, or on arrest in

   2. Imprisonment  for crimes  is either for the appearance of a
person accused, as when he cannot give bail;  or it is the effect
of a sentence, and then it is a part of the punishnient.

   3. Imprisonment in civil cases takes place when a defendant on
being sued  on bailable  process refuses  or cannot give the bail
legally demanded, or is under a capias ad satisfaciendum, when he
is taken in execution under a judgment. An unlawful imprisonment,
commonly called  false imprisonment,  (q. v.)  meaus any  illegal
imprisonment whatever,  either with  or without process, or under
color of  process wholly  illegal, without regard to any question
whether any crime has been committed or a debt due.

   4. As to what will amount to an imprisonment, the most obvious
modes are  confinement in  a prison  or a  private house,  but  a
forcible detention  in the street, or the touching of a person by

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a peace  officer by  way of  arrest, are also imprisonments. Bac.
Ab. Trespass,  D 3;  1 Esp. R. 431, 526. It has been decided that
lifting up  a person  in his  chair, and  carrying him out of the
room in  which he was sitting with others, and excluding him from
the room,  was not  an imprisonment;   1  Chit. Pr.  48;  and the
merely giving charge of a person to a peace officer, not followed
by any  actual apprehension  of the person, does not amount to an
imprisonment, though  the party to avoid it, next day attend at a
police;   1 Esp. R. 431;  New Rep. 211;  1 Carr. & Pavn. 153;  S.
C. II Eng. Com. Law, R. 351;  and if, in consequence of a message
from a  sheriff's officer  holding a  writ, the defendant execute
and send him a bail bond, such submission to the process will not
constitute an arrest. 6 Bar. & Cres. 528;  S. C. 13 Eng. Com. Law
Rep. 245;   Dowl.  & R. 233. Vide, generally, 14 Vin. Ab. 342;  4
Com. Dig.  618;  1 Chit. Pr. 47;  Merl. R‚pert. mot Emprisonment;
17 Eng. Com. L. R. 246, n.

   IMPROBATION. The  act by which perjury or falsehood is proved.
Techn. Dict. h. t.

  IMPROPRIATION, eccl. law. The act, of employing the revenues of
a church  living to  one's own  use;   it is  also a parsonage or
ecclesiastical living in the hands of a layman, or which descends
by inheritance. Techn. Dict. h. t.

  IMPROVEMENT, estates. This term is of doubtful meaning It would
seem to  apply principally  to  buildings,  though  generally  it
extends to amelioration of every description of property, whether
real or personal;  it is generally explained by other words.

  2. Where, by the terms of a lease, the covenant was to 1eave at
the  end  of  the  term  a  water-mill  with  all  the  fixtures,
fastenings, and  improvements, during the demise fixed, fastened,
or set  up on or upon the premises, in good plight and condition,
it was  held to  include a  pair of  new millstones set up by the
lessee during  the term,  although the  custom of  the country in
general authorized the tenant to remove them. 9 Bing. 24;  3 Sim.
450;   2 Ves.  & Bea.  349. Vide 3 Yeates, 71;  Addis. R. 335;  4
Binn. R. 418;  5 Binn. R. 77;  5 S. & R. 266;  1 Binn. R. 495;  1
John. Ch.  R. 450;   15 Pick. R. 471. Vide Profits. 2 Man. & Gra.
729, 757;  S. C. 40 Eng. C. L. R. 598, 612.

   3. Tenants  in common  are not  bound  to  pay  for  permanent
improvements, made  on the common property, by one of the tenants
in common without their consent. 2 Bouv. Inst. n. 1881.

   IMPROVEMENT, rights.  An addition  of some  useful thing  to a
machine, manufacture or composition of matter.

  2. The patent law of July 4, 1836, authorizes the granting of a
patent for  any new  and useful  improvement on  any art, machine
manufacture or  composition of  matter. Sect. 6. It is often very
difficult to  say what is a new and useful improvement, the cases
often approach  very near  to each other. In the present improved

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state of  machinery, it is almost impracticable not to employ the
same elements of motion, and in some particulars, the same manner
of operation,  to produce  any new  effect. 1  Gallis.  478;    2
Gallis. 51. See 4 B. & Ald. 540;  2 Kent, Com. 370.

   IMPUBER, civil  law. One  who is more than seven years old, or
out of infancy, and who has not attained the age of an adult, (q.
v.) and  who is not yet in his puberty that is, if a boy, till he
has attained  his full age of fourteen years, and, if a girl, her
full age of twelve years. Domat, Liv. Prel. t. 2, s. 2, n. 8.

   IMPUNITY. Not  being  punished  for  a  crime  or  misdemeanor
committed. The  impunity of  crimes is  one of  the most prolific
sources whence  they arise.  lmpunitas continuum affectum tribuit
delinquenti. 4 Co. 45, a;  5 Co. 109, a.

   IMPUTATION. The  judgment by which we declare that an agent is
the cause  of his  free action,  or of  the result of it, whether
good or ill. Wolff, §3.

   IMPUTATION OF  PAYMENT. This  term is  used  in  Louisiana  to
signify the  appropriation which  is made  of a payment, when the
debtor owes two debts to the creditor. Civ. Code of Lo. art. 2159
to 2262.  See 3  N. S.  483;  6 N. S. 28;  Id. 113:  Poth. Ob. n.
539, 565,  570;  Durant. Des Contr. Liv. 3, t. 3, §3, n. 191;  10
L. R. 232, 352;  7 Toull. n. 173, p. 246.

  IN ALIO LOCO. In another place. Vide Cepit in alio loco.

   IN ARTICULO  MORTIS. In the article of death;  at the point of
death.  As  to  the  effect  of  this  condition  on  wills,  see
Nuncupative;   as to  the testimony  of such  person,  see  Dying

   IN AUTRE DROIT. In another's right. An executor, administrator
or trustee,  is said to have the property confided to him in such
character, in autre droit.

   IN BLANK.  This is  generally  applied  to  indorsements,  as,
indorsements in  blank, which  is one not restricted, made by the
indorser simply writing his name. See Indorsement.

   IN CHIEF.  Evidence is said to be in chief when it is given in
support of the case opened by the leading counsel. Vide To Open -
Opening. The  term is used to distinguish evidence of this nature
from evidence  obtained on  a cross-examination.  (q. v.) 3 Chit.
890. By evidence in chief is sometimes meant that evidence, which
is given  in contradistinction  to evidence  which is obtained on
the witness voir dire.

   2. Evidence in chief should be confined to such matters as the
pleadings and  the opening  warrant, and  a departure  from  this
rule, will  be  sometimes  highly  inconvenient,  if  not  fatal.
Suppose, for  example, that two assaults have been committed, one

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in January  and the  other. in  February, and the plaintiff prove
his cause  of action  to have  been the  assault in  January,  he
cannot abandon  that, and  afterwards prove  another committed in
February unless  the pleadings  and openings  extend to  both.  1
Campb R.  473. See  also, 6  Carr. & P. 73;  S. C. 25 E. C. L. R.
288;  1 Mood. & R. 282.

   IN COMMENDAM. The state or condition of a church living, which
is void  or vacant,  and it is commended to the care of some one.
In, Louisiana,  there  is  a  species  of  partnership  called  a
partnership in commendam. Vide Commendam.

   IN CUSTODIA LEGIS. In the custody of the law. In general, when
things are  in custodia  legis, they  cannot be  distrained,  nor
otherwise interfered with by a private person.

   IN ESSE.  In being.  A thing  in  existence.  It  is  used  in
opposition to  enposse. A  child in  ventre sa mere is a thing in
posse;  after he is born, he is in esse. Vide 1 Supp. to Ves. jr.
466;  2 Suppl. to Ves. jr. 155, 191. Vide Posse.

   IN EXTREMIS.  This phrase  is used  to denote the end of life;
as, a  marriage in extremis, is one made at the end of life. Vide

   IN FACIENDO.  In doing,  or in  feasance. 2 Story, Eq. Jurisp.

  IN FAVOREM LIBERTATIS. In favor of liberty.

  IN FAVOREM VITAE. In favor of life.

   IN FIERI.  In the  course of execution;  a thing commenced but
not completed. A record is said to be in fieri during the term of
the court, and, during that time, it may be amended or altered at
the sound discretion of the court. See 2 B. & Adol. 971.

   IN FORMA PAUPERIS. In  the character  or form of a pauper.  In
England, in  some cases,  when a poor person cannot afford to pay
the costs  of a  suit as  it proceeds,  he is  exempted from such
payment, having obtained leave to sue in forma pauperis.

   IN FORO  CONSCIENTIAE.  Before  the  tribunal  of  conscience;
conscientiously. This  term is  applied  in  opposition,  to  the
obligations which the law enforces.

   2. In  the sale  of property,  for example, the concealment of
facts by the vendee which may enhance the price, is wrong in foro
conscientiae, but there is no legal obligation on the part of the
vendee to  disclose them,  and the  contract will  be good if not
vitiated by  fraud. Poth.  Vent. part  2, c. 2, n. 233;  2 Wheat.
185, note c.
 20  IN FRAUDEM  LEGIS. In  fraud of the law. Every thing done in
fraudem legis is void in law. 2 Ves. sen. 155, 156 Bouv. Inst. n.
585, 3834.

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   IN GREMIO LEGIS. In the bosom of the law. This is a figurative
expression, by  which is  meant, that  the subject  is under  the
protection of the law;  as, where land is in abeyance.

   IN GROSS. At large;  not appurtenant or appendant, but annexed
to a  man's per son:  e. g. Common granted to a man and his heirs
by deed,  is common  in gross;  or common in gross may be claimed
by prescriptive right. 2 Bl. Com. 34.

   IN INVITUM.  Against an  unwilling party;  against one who has
not given his consent. See Invito domino.

   IN JUDICIO.  In the  course of  trial;    a  course  of  legal

   IN JURE.  In law;   according  to law, rightfully. Bract. fol.
169, b.

   IN LIMINE.  In or  at the beginning. This phrase is frequently
used;  as, the courts are anxious to check crimes in limine.

  IN LITEM, ad litem. For a suit;  to the suit. Greenl. Ev. §348.

   IN LOCO  PARENTIS. In  the place  of a parent;  as, the master
stands towards his apprentice in loco parentis.

   IN MITIORI SENSU, construction. Formerly in actions of slander
it was  a rule  to take  the expression used in mitiori sensu, in
the  mildest   acceptation;     and  ingenuity  was,  upon  these
occasions, continually  exercised to devise or discover a meaning
which by some remote possibility the speaker might have intended;
and some  ludicrous examples  of this  ingenuity may be found. To
say of  a man who was making his livelihood by buying and selling
merchandise, he  is a  base, broken  rascal, he has broken twice,
and I'll make him break a third time, was gravely asserted not to
be actionable - "ne poet dar porter action, car poet estre intend
de burstness de belly," Latch, 114. And to call a man a thief was
declared to  be no  slander for this reason, "perhaps the speaker
might mean he had stolen a lady's heart."

   2. The  rule now is to construe words agreeably to the meaning
usually attached to them. 1 Nott & McCord, 217;  2 Nott & McCord,
511;   8 Mass. R. 248;  1 Wash. R. 152;  Kirby, R. 12;  7 Serg. &
Rawle, 451;  2 Binn. 34;  3 Binn. 515.

  IN MORA. In default. Vide mora, in.

   IN NUBIBUS.  In the clouds. This is a figurative expression to
signify a state of suspension or abeyance. 1 Co. 137.

   IN NULLO  EST ERRATUM,  pleading. A plea to errors assigned on
proceedings in  error, by  which the  defendant in  error affirms

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there is  no error in the record. As to the effect of, such plea,
see 1  Vent. 252;  1 Str. 684;  9 Mass. R. 532;  1 Burr. 410;  T.
Ray. 231. It is a general rule that the plea in nullo est erratum
confesses the  fact assigned  for error;   Yelv.  57;  Dane's Ab.
Index, h.  t.;  but not a matter assigned contrary to the record.
7 Wend. 55;  Bac. Ab. Error;  G.

   IN ODIUM SPOLIATORIS. In hatred of a despoiler. All things are
presumed against  a despoiler  or wrong doer in odium spoliatoris
omnia praesumuntur.

   IN PARI  CAUSA. In  an equal cause. It is a rule that when two
persons have  equal rights in relation to a particular thing, the
party in possession is considered as having the better right:  in
pari causa  possessor potior  est. Dig.  50;   17, 128;   1 Bouv.
Inst. n. 952.

   IN PARI  DELICTO. In  equal fault;   equal  in guilt.  Neither
courts of  law nor  equity will  interpose to grant relief to the
parties, when  an illegal  agreement  has  been  made,  and  both
parties stand in pari delicto. The law leaves them where it finds
them, according to the maxim, in pari delicto potior est conditio
defendentis et possidendis. 1 Bouv. Inst. n. 769.

   IN PARI  MATERIA. Upon the same matter or subject. Statutes in
pari materia are to be construed together.

   IN  PERPETUAM  REI  MEMORIAM.  For  the  perpetual  memory  or
remembrance of a thing. Gilb. For. Rom. 118.

   IN PERSONAM,  remedies. A remedy in personam, is one where the
proceedings are against the person, in contradistinction to those
which are  against specific  things, or  in rem.  (q. v.) 3 Bouv.
Inst. n. 2646.

   IN POSSE.  In possibility;   not in actual existence;  used in
contradistinction to in esse.

   IN PRAESENTI.  At the  present time;  used in opposition to in
futuro. A marriage contracted in words de praesenti is good;  as,
I take  Paul to  be my  hushand, is a good marriage, but words de
futuro would  not be sufficient, unless the ceremony was followed
by consummation. 1 Bouv. Inst. n. 258.

   IN PRINCIPIO.  At the  beginning this  is frequently  used  in
citations;  as Bac. Ab. Legacies, in pr.

   IN PROPRIA PERSONA.  In  his own  person;   himself;   as  the
defendant appeared  in propria persona;  the plaintiff argued the
cause in propria persona.

  IN RE.  In the matter;  as in re A B, in the matter of A B.

  IN REBUS. In things, cases or matters.

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   IN REM,  remedies. This  technical term  is used  to designate
proceedings  or   actions  instituted   against  the   thing,  in
contradistinction to  personal actions  which are  said to  be in
personam.  Proceedings  in rem  include  not  only  judgments  of
property as  forfeited, or  as prize  in the  admiralty,  or  the
English exchequer,  but also  the decisions  of other courts upon
the personal status, or relations of the party, such as marriage,
divorce, bastardy, settlement, or the like.  1 Greenl. Ev. §§525,

  2. Courts of admiralty enforce the performance of a contract by
seizing into  their custody  the very  subject of  hypothecation;
for in these case's the parties are not personally bound, and the
proceedings are confined to  the thing  in specie.  Bro. Civ. and
Adm. Law, 98;  and see 2 Gall. R. 200;  3 T. R. 269, 270.

  3. There are  cases, however,  where the  remedy is  either  in
personam or in rem.  Seamen, for example, may proceed against the
ship or cargo for  their wages,  and this is the most expeditious
mode;  or they may proceed against the master or owners.  4 Burr.
1944;  2 Bro. C. & A. Law, 396. Vide, generally, 1 Phil. Ev. 254;
1 Stark. Ev. 228;  Dane's Ab. h. t.;  Serg. Const. Law, 202, 203,

  IN RERUM NATURA. In the nature of things;  in existence.

  IN SOLIDO.  A term  used in  the civil  law,  to signify that a
contract is joint.

  2. Obligations are in solido, first, between several creditors;
secondly, between several debters. 1. When a person contracts the
obligation of one and the same thing, in favor of several others,
each of  these is  only creditor  for his  own share,  but he may
contract with  each of  them for  the  whole  when  such  is  the
intention of  the parties,  so that  each of the persons in whose
favor the  obligation is  contracted, is  creditor for the whole,
but that  a payment  made to any one liberates the debtor against
them all.  This is  called solidity of obligation. Poth. Obl. pt.
2, c.  3, art.  7. The common law is exactly the reverse of this,
for a  general obligation in favor of several persons, is a joint
obligation to  them all, unless the nature of the subject, or the
particularity of  the expression  lead to a different conclusion.
Evans' Poth.  vol. 2, p. 56. See tit. Joint and Several;  Parties
to action.

   3. -  2. An  obligation is contracted in solido on the part of
the debtors,  when each  of them is obliged for the whole, but so
that a payment made by one liberates them all. Poth. Obli. pt. 2,
c. 3,  art. 7,  s 1. See 9 M. R. 322;  5 L. R. 287;  2 N. S. 140;
3 L. R. 352;  4 N. S. 317;  5 L. R. 122;  12 M. R. 216;  Burge on
Sur. 398-420.

   IN STATU  QUO. In the same situation;  in the same place;  as,
between the  time of  the submission  and the time when the award
was rendered, things remained in statu quo.

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  IN TERROREM. By way of threat, terror, or warning. For example,
when a  legacy is  given to a person upo condition not to dispute
the validity  or the  dispositions in  wills and  testaments, the
conditions are  not in  general obligatory, but only in terrorem;
if,  therefore,  there  exist  probabilis  causa  litigandi,  the
non-observance of  the conditions  will not  be a  forfeiture.  2
Vern. 90;  1 Hill. Ab. 253;  3 P. Wms. 344;  1 Atk. 404. But when
the  acquiescence  of  the  legatee  appears  to  be  a  material
ingredient in  the gift, the bequest is only quousque the legatee
shall refrain  from disturbing  the will. 2 P. Wms. 52;  2 Ventr.
352. For  cases of  legacies given  to a  wife  while  she  shall
continue unmarried, see 1 Madd. R. 590;  1 Rop. Leg. 558.

   IN TERROREM POPULI. To the terror of the people. An indictment
for a riot is bad, unless it conclude in terrorem populi. 4 Carr.
& Payne, 373.

   IN TOTIDEM VERhis. In just so many words;  as, the legislature
has declared this to be a crime in totidem verhis.

   IN TOTO. In the whole;  wholly;  completely;  as, the award is
void in  toto. In  the whole  the part  is contained:  in toto et
pars continetur. Dig. 50, 17, 123.

   IN TRANSITU.  During the transit, or removal from one place to

   2. The transit continues until the goods have arrived at their
place of  destination, and nothing remains to be done to complete
the delivery;   or  until the  goods have  been delivered, before
reaching their  place of  destination, and  the  person  entitled
takes an  actual  or  symbolical  possession.  Vide  Stoppage  in
transitu;  Transitus.

  IN VADIO. In pledge;  in gage.

  IN VENTRE SA MERE. In his mother's womb.

   2. -  1. In  law  a  child  is  for  all  beneficial  purposes
considered as  born while  in ventre  sa mere.  5 T.  R. 49;  Co.
Litt. 36;   1  P. Wms.  329;   Civ. Code  of Lo.  art. 948. But a
stranger can  acquire no  title by  descent through  a  child  in
ventre sa  mere, who  is not  subsequently born alive. See Birth;
Dead Born.

   3. -  2. Such  a child is enabled to have an estate limited to
his use. 1. Bl. Com. 130.

   4. - 3. May have a distributive share of intestate property. 1
Ves. 81.

   5. - 4. Is capable of taking a devise of lands. 2 Atk. 117;  1
Freem. 224, 298.

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   6. - 5. Takes under a marriage settlement a provision made for
children living at the death of the father. 1 Ves. 85.

   7. -  6. Is  capable of  taking a legacy, and is entitled to a
share  in   a  fund   bequeathed  to  children  under  a  general
description,  of  "children,"  or  of  "children  living  at  the
testator's death." 2 H. Bl. 399;  2 Bro. C. C. 320;  S. C. 2 Ves.
jr. 673;   1  Sim. &  Stu. 181;  1 B. & P. 243;  5 T. R. 49. See,
also, 1 Ves. sr. 85;  Id. 111;  1 P. Wms. 244, 341;  2 Bro. C. C.
63;   Amb. 708,  711;   1 Salk. 229;  2 P. Wms. 446;  2 Atk. 114;
Pre. Ch.  50;   2 Vern.  710;   3 Ves. 486;  7 T. R. 100;  4 Ves.
322;   Bac. Ab.  Legacies, &c., A;  1 Rop. Leg. 52, 3;  5 Serg. &
Rawle, 40.

  8. - 7. May be appointed executor. Bac. Ab. Infancy, B.

  9. - 8. A bill may be brought in its behalf, and the court will
grant an injunction to stay waste. 2 Vern. 710 Pr. Ch. 50.

   10. -  9. The  mother, of a child in ventre sa mere may detain
writings on its behalf. 2 Vern. 710.

  11. - 10. May have a guardian assigned to it. 1 Bl. Com. 130.

   12.  -  11.  The  destruction  of  such  a  child  is  a  high
misdemeanor. 1 Bl. Com. 129, 130.

   13. -  12. And  the birth  of a  posthumous child  amounts, in
Pennsylvania, to the revocation of a will previously executed, so
far as regards such child. 3 Binn. 498. See Coop. Just. 496. See,
as to  the law  of Virginia  on this  subject, 3  Munf. 20.  Vide

   IN WITNESS  WHEREOF. These words, which, when conveyancing was
in the  Latin language,  were in  cujus rei  testimonium, are the
initial words  of the  concluding clause  in deeds.  " In witness
whereof the said parties have hereunto set their hands," &c.

   INADEQUATE PRICE. This term is applied to indicate the want of
a sufficient  consideration for  a thing sold,or such a price as,
under ordinary circumstances, would be considered insufficient.

   2. Inadequacy  of price  is frequently  connected with  fraud,
gross misrepresentations,  or an  intentional concealment  of the
defects in the thing sold. In these cases it is clear the. vendor
cannot compel  the buyer  to fulfil  the contract. 1 Lev. 111;  1
Bro. P. C. 187;  6 John. R. 110;  3 Cranch, 270;  4 Dall. R. 250;
3 Atk. 283;  1 Bro. C. C. 440.

   3. In  general, however, inadequacy of price is not sufficient
ground to  avoid a  contract, particularly' when the property has
been sold  by auction.  7 Ves. jr. 30;  3 Bro. C. C. 228;  7 Ves.

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jr. 35,  note. But  if an  uncertain  consideration,  as  a  life
annuity, be  given for  an estate, and the contract be executory,
equity,  it   seems,  will   enter  into   the  adequacy  of  the
consideration. 7  Bro. P.  C. 184;   1  Bro. C.  C. 156.  Vide. 1
Yeates, R.  312;   Sugd. Vend.  189 to  199;   1 B.  & B. 165;  1
M'Cord's Ch. R. 383, 389, 390;  4 Desaus. R. 651. Vide Price.

   INADMIISSIBLE. What  cannot be  received. Parol  evidence, for
example, is inadmissible to contradict a written agreement.

  INALIENABLE. This word is applied to those things, the property
of which  cannot be  lawfully  transferred  from  one  person  to
another. Public  highways and rivers are of this kind;  there are
also many rights which are inalienable, as the rights of liberty,
or of speech.

   INAUGURATION. This  word was  applied by  the  Romans  to  the
ceremony of  dedicating some  temple, or  raising some man to the
priesthood,  after   the  augurs   had  been  consulted.  It  was
afterwards applied  to the  installation (q. v.) of the emperors,
kings, and prelates, in imitation of the ceremonies of the Romans
when they entered into the temple of the augurs. It is applied in
the United  States to the installation of the chief magistrate of
the republic, and of the governors of the several states.

   INCAPACITY. The  want  of  a  quality  legally  to  do,  give,
transmit, or receive something.

   2. It  arises from  nature, from  the law,  or from both. From
nature, when  the party has not his senses, as, in the case of an
idiot;   from the  law, as,  in the  case of a bastard who cannot
inherit from  nature and  the law;   as, in the case of a married
woman, who cannot make contracts or a will.

   3. In  general, the  incapacity ceases  with the  cause  which
produces it.  If the  idiot should  obtain  his  senses,  or  the
married woman's hushand die, their incapacity would be at an end.

   4. When  a cause  of action  arises during the incapacity of a
person having  the right  to sue, the act of limitation does not,
in general, commence to run till the incapacity has been removed.
But two incapacities cannot be joined in order to come within the

   INCENDIARY, crim.  law. One  who maliciously and wilfully sets
another person's  house on  fire;   one guilty  of the  crime  of

   2. This  offence is  punished  by  the  statute  laws  of  the
different states according to their several provisions. The civil
law punished  it with  death, Dig.  47, 9, 12, 1, by the offender
being cast  into the  fire. Id.  48, 19, 28, 12;  Code, 9, 1, 11.
Vide Dane's Ab. Index, h. t.

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   INCEPTION. The commencement;  the beginning. In making a will,
for example,  the writing  is its  inception. 3 Co. 31 b;  Plowd.
343. Vide Consummation;  Progression.

   INCEST. 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. Vide  Marriage. It  is punished  by fine  and
imprisonment, under  the laws  of the  respective states., Vide 1
Smith's Laws of Pennsylv. 26;  Dane's Ab. Index, h. t.;  Dig. 23,
2, 68;   6  Conn. R.  446;  Penal Laws of China, B. 1, s. 2, §10;
Sw. part 2 §17, p. 103.

   INCH. From  the Latin  uncia. A  measure of length, containing
one-twelfth part of a foot.

   INCHOATE.  That  which  is  not  yet  completed  or  finished.
Contracts are  considered inchoate until they are executed by all
the parties  who ought  to have  executed them.  For  example,  a
covenant which purports to be tripartite, and is executed by only
two of  the parties,  is incomplete, and no one is bound by it. 2
Halst. 142. Vide Locus paenitentiae.

  INCIDENT. A thing depending upon, appertaining to, or following
another, called the princinal.

   2. The  power of punishing for contempt is incident to a court
of record;   rent  is incident to a reversion;  distress to rent;
estovers of  woods to a tenancy for a life or years. 1 Inst. 151;
Noy's Max. n. 13;  Vin. Ab. h.. t.;  Dane's Ab. h. t.;  Com. Dig.
h. t., and the references there;  Bro. Ab. h. t.;  Roll's Ab. 75.

   INCIPITUR, practice.  This word,  which means  "it is  begun,"
signifies the  commencement of  the entry on the roll. on signing
judgment, &c.

   INCLUSIVE. Comprehended  in computation. In computing time, as
ten days  from a  particular time,  one day  is generally  to  be
included and  one  excluded.  Vide  article  Exclusive,  and  the
authorities there cited.

   INCOME. The  gain which  proceeds  from  property,  labor,  or
business;  it is applied particularly to individuals;  the income
of the government is usually called revenue.

   2. It  has been holden that a devise of the income of land, is
in effect  the same  as a devise of the land itself. 9 Mass. 372;
1 Ashm. 136.

   INCOMPATIBILITY. offices,  rights. This  term is  used to show
that two  or more  things ought  not to exist at the same time in
the same  person;   for example, a man cannot at the same time be
landlord and  tenant of  the same  land;   heir and devise of the
same thing;  trustee and cestui que trust of the same property.

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   2. There are offices which are incompatible with each other by
constitutional provision;    the  vice-president  of  tho  United
States cannot  act as  such when filling the office of president;
Const. art.  1, s. 3, n. 5;  and by the same instrument, art . 1,
s. 6,  n. 2,  it is  directed that  "no senator or representative
shall, during  the time for which he was elected, be appointed to
any civil  office under the authority of the United States, which
shall have been created or the emoluments whereof shall have been
increased, during  such time;   and  no person holding any office
under the  United States,  shall be  a member  of  either  house,
during his continuance in office."

  3. Provisions rendering offices incompatible are to be found in
most of  the, constitutions  of the  states, and in some of their
laws. In  Pennsylvania, the acts of the 12th of February, 1802, 3
Smith's Laws  of Pa.  485;   and 6th of March, 1812, 5 Sm. L. Pa.
309,  contain   various  provisions,   making   certain   offices
incompatible, with each other. At common law, offices subordinate
and  interfering   with   each   other   have   been   considered
incompatible;   for example,  a man cannot be at once a judge and
prothonotary or clerk of the same court. 4 Inst. 100. Vide 4 S. &
R. 277;  17 S. & R. 219;  and the article Office.

   INCOMPETENCY, French law. The state of a judge who cannot take
cognizance of a dispute brought before him;  it implies a want of

   2. Incompetency  is material,  ratione materia,  or  personal,
ratione personae.  The first  takes  place  when  a  judge  takes
cognizance of  a matter  over which  another judge  has the  sole
jurisdiction, and  this cannot  be cured  by  the  appearance  or
agreement of the parties.

   3. The  second is,  when the  matter in  dispute is within the
jurisdiction of  the judge,  but the parties in the case are not;
in which  case they  make the  judge competent,  unless they make
their objection  before they.  take defence.  See Peck,  374;  17
John. 13;   12  Conn. 88;   3  Cowen, Rep.  724;  1 Penn. 195;  4
Yeates, 446.  When a party has a privilege which exempts him from
the jurisdiction,  he may  waive the  privilege.  4  McCord,  79;
Wright, 484;  4 Mass. 593;  Pet. C. C. R. 489;  5 Cranch, 288;  1
Pet. R.  449;   4 W.  C. C. R. 84;  8 Wheat. 699;  Merl. R‚p. mot

   4. It  is a  maxim in  the common  law, aliquis non debet esse
judex in  propriƒ causa. Co. Litt. 141, a;  see 14 Vin. Abr. 573;
4 Com.  Dig. 6.  The greatest delicacy, is constantly observed on
the part  of judges,  so that  they never act when there could be
the possibility  of doubt  whether they  could be free from bias,
and even  a distant degree of relationship has induced a judge to
decline interfering.  1 Knapp's Rep. 376. The slightest degree of
pecuniary interest is considered as an insuperable objection. But
at common  law, interest  forms the only ground for challenging a
judge. It  is not  a ground  of challenge  that he  has given his

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opinion before.  4 Bin.  349;  2 Bin. 454. See 4 Mod. 226;  Comb.
218;   Hard. 44;   Hob. 87;  2 Binn. R. 454;  13 Mass. R. 340;  5
Mass. R.  92;   6 Pick.  109;   Peck, R. 374;  Coxe, Rep. 190;  3
Ham. R.  289;   17 John. Rep. 133;  12 Conn. R. 88;  1 Penning R.
185;   4 Yeates,  R. 466;  3 Cowen, R. 725;  Salk. 396;  Bac. Ab.
Courts, B;  and the articles Competency;  Credibility;  Interest;
Judge;  Witness.

   INCOMPETENCY, evidence.  The want of legal fitness, or ability
in a witness to be heard as such on the trial of a cause.

   2. The  objections to  the competency (q. v.) of a witness are
four-fold. The  first ground  is the  want of  understanding;   a
second is  defect of  religious principles;   a third arises from
the conviction  of certain  crimes, or  infamy of character;  the
fourth is on account of interest. (q. v.) 1 Phil. Ev. 15.

  INCONCLUSIVE. What does not put an end to a thing. Inconclusive
presumptions are  those which  may be overcome by opposing proof;
for example,  the law  presumes that  he who   possesses personal
property  is  the  owner  of  it,  but  evidence  is  allowed  to
contradict this  presumption, and  show who  is the true owner. 3
Bouv. Inst. in. 3063.

   INCONTINENCE Impudicity,  the indulgence  in  unlawful  carnal
connexions. Wolff, Dr. de la Nat. §862.

  INCORPORATION. This term is frequently confounded, particularly
in the  old books, with corporation. The distinction between them
is this,  that by  incorporation is understood the act by which a
corporation is  created;   by corporation  is meant the body thus
created. Vide Corporation.

  INCORPORATION, civil law. The union of one domain to another.

  INCORPOREAL. Not consisting of matter.

   2. Things  incorporeal. are  those which are not the object of
sense, which  cannot be  seen or  felt, but  which we can easily,
conceive in  the understanding,  as rights, actions, successions,
easements, and  the like.  Dig. lib. 6, t. 1;  Id. lib. 41, t. 1,
l. 43, §1;  Poth. Traite des Choses, §2.
 INCORPOREAL  HEREDITAMENT, title,  estates. A  right issuing out
of, or annexed unto a thing corporeal.

     2.  Their   existence  is  merely  in  idea  and  abstracted
contemplation, though their effects and profits may be frequently
the objects of our bodily senses. Co Litt. 9 a;  Poth. Traite des
Choses, §2.  According to  Sir William  Blackstone, there are ten
kinds of  incorporeal hereditamenta;   namely,  1. Advowsons.  2.
Tithes. 3.  Commons.  4.  Ways.  5.  Offices.  6.  Dignities.  7.
Franchises. 8. Corodies. 9. Annuities. 10. Rents. 2 Bl. Com. 20.

   3. But, in the United States, there, are no advowsons, tithes,

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dignities, nor  corodies. The other's have no necessary connexion
with real estate, and are not hereditary, and, with the exception
of annuities,  in some  cases, cannot  be transferred, and do not

   INCORPOREAL PROPERTY,  civil law. That which consists in legal
right merely;   or,  as the term is, in the common law, of choses
in actions. Vide Corporeal property.

  TO INCULPATE. To accuse one of a crime or misdemeanor.

   INCUMBENT, eccles.  law. A clerk resident on his benefice with
cure;   he is  so called  because he  does, or ought to, bend the
whole of  his studies  to his  duties.  In  common  parlance,  it
signifies one  who is  in the  possession of  an office,  as, the
present incumbent.

  INCUMBRANCE. Whatever is a lien upon an estate.

   2. The  right of a third person in the land in question to the
diminution of  the value  of the land, though consistent with the
passing of  the fee by the deed of conveyance, is an incumbrance;
as, a  public highway over the land. 1 Appl. R. 313;  2 Mass. 97;
10 Conn.  431. A private right of way. 15 Pick. 68;  5 Conn. 497.
A claim  of dower. 22 Pick. 477;  2 Greenl. 22. Alien by judgment
or mortgage.  5 Greenl.  94;   15 Verm.  683. Or any outstanding,
elder, and  better title,  will be  considered  as  incumbrances,
although in  strictness some  of them  are  rather  estates  than
incumbrances. 4 Mass. 630;  2 Greenl. 22;  22 Pick. 447;  5 Conn.
497;  8 Pick. 346;  15 Pick. 68;  13 John. 105;  5 Greenl. 94;  2
N. H.  Rep. 458;   11  S. & R. 109;  4 Halst. 139;  7 Halst. 261;
Verm. 676;  2 Greenl. Ev. §242.

   3. In cases of sales of real estate, the vendor is required to
disclose the  incumbrances, and  to deliver  to the purchaser the
instruments by  which they  were created, or on which the defects
arise;   and the  neglect of  this will be considered as a fraud.
Sugd. Vend,  6;  1 Ves. 96;  and see 6 Ves. jr. 193;  10 Ves. jr.
470;  1 Sch. & Lef. 227;  7 Serg. & Rawle, 73.

   4. Whether  the tenant  for life,  or the remainder-man, is to
keep. down  the interest  on incumbrances,  see Turn.  R. 174;  3
Mer. R.  566;  6 Ves. 99;  4 Ves. 24. See, generally, 14 Vin. Ab.
352;  Com. Dig. Chancery, 4 A 10, 4 I. 3;  9 Watts, R. 162.

   INDEBITATUS ASSUMPSIT,  remedies, pleadings.  That species  of
action of  assumpsit, in  which  the  plaintiff  alleges  in  his
declaration, first a debt, and then a promise in consideration of
the debt,  that the  defendant, being  indebted, he  promised the
plaintiff to  pay him.  The promise  so laid  is,  generally,  an
implied one  only. Vide  1 Chit. Pl. 334;  Steph. Pl. 318;  Yelv.
21;   4 Co.  92 b.  For the history of this form of action, see 3
Reeves' Hist.  Com. Law;  2 Comyn on Contr. 549 to 556;  1 H. Bl.
550, 551;   3  Black Com.  154;  Yelv. 70. Vide Pactum Constituae

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   INDEBITI SOLUTIO, civil law. The payment to one of what is not
due to  him. If  the payment  was made  by mistake, the civilians
recovered it  back by  an action called condictio indebiti;  with
us, such money may be recovered by an action of assumpsit.

   INDEBTEDNESS. The  state, of  being in debt, without regard to
the ability  or inability  of the  party to  pay the  same. See 1
Story, Eq. 343;  2 Hill. Ab. 421.

   2. But  in order  to create  an indebtedness, there must be an
actual liability  at the  time, either to pay then or at a future
time. If,  for example,  a person were to enter and become surety
for another,  who enters  into a  rule of  reference, he does not
thereby become a debtor to the opposite party until the rendition
of the  judgment on  the award. 1 Mass. 134. See Creditor;  Debt;

  INDECENCY. An act against good behaviour and a just delicacy. 2
Serg. & R. 91.

   2. The  law, in  general,  will  repress  indecency  as  being
contrary to  good morals,  but, when the public good requires it,
the mere  indecency of  disclosures does  not suffice  to exclude
them from being given in evidence. 3 Bouv. Inst. n. 3216.

   3. The following are examples of indecency:  the exposure by a
man of  his naked person on a balcony, to public view, or bathing
in public;   2 Campb. 89;  or the exhibition of bawdy pictures. 2
Chit. Cr.  Law, 42;   2  Serg. &  Rawle, 91.  This  indecency  is
punishable by  indictment. Vide 1 Sid. 168;  S. C. 1 Keb. 620;  2
Yerg. R.  482, 589;   1 Mass. Rep. 8;  2 Chan. Cas. 110;  1 Russ.
Cr. 302;   1 Hawk. P. C. c. 5, s. 4;  4 Bl. Com. 65, n.;  1 East,
P. C. c. 1, s. 1;  Burn's Just. Lewdness.

   INDEFEASIBLE. That  which cannot  be defeated  or undone. This
epithet is  usually applied to an estate or right which cannot be

   INDEFENSUS. One  sued or impleaded, who refuses or has nothing
to answer.

  INDEFINITE. That which is undefined;  uncertain.

   INDEFINITE FAILURE  OF  ISSUE,  executory  devise.  A  general
failure of  issue, whenever it may happen, without fixing a time,
or certain  or definite  period, within which it must take place.
The issue  of the  first taker  must be extinct, and the issue of
the issue  ad infinitum,  without  regard  to  the  time  or  any
particular event. 2. Bouv. Inst. n. 1849.

   INDEFINITE,  NUMBER.  A  number  which  may  be  increased  or
diminished at pleasure.

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   2. When  a corporation  is composed of an indefinite number of
persons, 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. See Definite number.

   INDEFINITE PAYMENT,  contracts. That  which a  debtor who owes
several  debts   to  a   creditor,  makes   without   making   an
appropriation;   (q. v.) in that case the creditor has a right to
make such appropriation.

   INDEMNITY. That  which is  given to  a person  to prevent  his
suffering  damage.   2  McCord,   279.  Sometimes   it  signifies
diminution;   a tenant  who has been interrupted in the enjoyment
of his lease may require an indemnity from the lessor, that is, a
reduction of his rent.

   2. It is a rule established in all just governments that, when
private property  is required for public, use, indemnity shall be
given by  the public to the owner. This is the case in the United
States. See Code Civil, art. 545. See Damnification.

   3. Contracts made for the purpose of indemnifying a person for
doing an  act for which he could be indicted, or an agreement to,
compensate a  public officer  for doing an act which is forbidden
by law,  or omitting  to do  one  which  the  law  commands,  are
absolutely void.  But when  the agreement with an officer was not
to induce  him to neglect his duty, but to test a legal right, as
to indemnify  him for  not executing an execution, it was held to
be good. 1 Bouv. Inst. n. 780.

   INDENTURE, conveyancing. An instrument of writing containing a
conveyance or  contract between  two  or  more  persons,  usually
indented or cut unevenly, or in and out, on the top or, side.

   2. Formerly  it was  common to  make two  instruments  exactly
alike, and it was then usual to write both on the same parchment,
with some  words or  letters written  between them, through which
the parchment  was cut, either in a straight or indented line, in
such a  manner as  to leave one-half of the word on one part, and
half on  the other.  The instrument  usually commences with these
words, "This  indenture," which  were  not  formerly  sufficient,
unless the  parchment or  paper was  actually indented to make an
indenture 5  Co. 20;   but  now, if  the form  of  indenting  the
parchment be  wanting, it may be supplied by being done in court,
this being  mere form. Besides, it would be exceedingly difficult
with even the most perfect instruments, to out parchment or paper
without indenting  it. Vide  Bac. Ab. Leases, &c. E 2;  Com. Dig.
Fait, C,  and note  d;   Litt. sec. 370;  Co. Litt. 143 b, 229 a;
Cruise, Dig  t. 32,  c. 1,  s. 24;  2 Bl. Com. 294;  1 Sess. Cas.

   INDEPENDENCE. A  state  of  perfect  irresponsibility  to  any
superior;   the United  States are  free and  independent of  all
earthly power.

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   2. Independence  may be  divided into  political  and  natural
independence. 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,  liberty  and  property.  The  latter
consists in  the  power  of  being  able  to  enjoy  a  permanent
well-being, whatever may be the disposition of those from whom we
call ourselves  independent.  In  that  sense  a  nation  may  be
independent with  regard to  most people,  but not independent of
the whole world. Vide on of Independence.

   INDEPENDENT CONTRACT. One in which the mutual acts or promises
have  no  relation  to  each  other,  either  as  equivalents  or
considerations. Civil  Code of  Lo. art.  1762;  1 Bouv. Inst. n.

   INDETERMINATE. That  which is  uncertain or  not  particularly
designated;   as, if  I sell  you one  hundred bushels  of wheat,
without stating what wheat. 1 Bouv. Inst. n. 950.

   INDIAN TRIBE. A separate and distinct community or body of the
aboriginal Indian race of men found in the United States.

  2. Such a tribe, situated within the boundaries of a state, and
exercising the  powers of  government and, sovereignty, under the
national government,  is deemed  politically a state;  that is, a
distinct political  society, capable  of self-government;  but it
is not  deemed a foreign state, in the sense of the constitution.
It is  rather a  domestic dependent  nation.  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. 5 Pet. R.
1, 16,  17;  20 John. R. 193;  3 Kent, Com. 308 to 318;  Story on
Const. §1096;  4 How. U. S. 567;  1 McLean, 254;  6 Hill, 546;  8
Ala. R. 48.

  INDIANS. The aborigines of this country are so called.

   2. In  general, Indians have no political rights in the United
States;   they cannot vote at the general elections for officers,
nor hold  office. In New York they are considered as citizens and
not as aliens, owing allegiance to the government and entitled to
its protection.  20 John.  188, 633.  But it  was ruled  that the
Cherokee nation  in Georgia was a distinct community. 6 Pet. 515.
See 8 Cowen, 189;  9 Wheat. 673;  14 John. 181, 332 18 John. 506.

   INDIANA. The  name of  one of  the new  states of  the  United
States. This  state was  admitted into the Union by virtue of the
"Resolution for  admitting the  state of Indiana into the Union,"
approved December  11, 1816, in the following words:  Whereas, in
pursuance of  an act of congress, passed on the nineteenth day of
April, one  thousand eight  hundred and sixteen, entitled "An act
to  enable  the  people  of  the  Indiana  territory  to  from  a
constitution and  state government, and for the admission of that

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state into  the Union,"  the people of the said territory did, on
the  twenty-ninth  day  of  June,  in  the  present  year,  by  a
convention  called  for  that  purpose,  form  for  themselves  a
constitution and  state government,  which constitution and state
government, so  formed, is republican, and in conformity with the
principles of the articles of compact between the original states
and the  people and  states in  the territory  north-west of  the
river Ohio,  passed on  the thirteenth  day of July, one thousand
seven hundred and eighty-seven.

   2. Resolved,  That the  state of  Indiana shall be one, and is
hereby declared  to be  one of  the United States of America, and
admitted into  the Union  on an  equal footing  with the original
states, in all respects whatever.

  3. The first constitution of the state was adopted in the -year
eighteen hundred  and sixteen,  and has  since been superseded by
the present  constitution, which was adopted in the year eighteen
hundred and  fifty-one. The  powers of the government are divided
into three  distinct departments, and each of them is confided to
a  separate  body  of  magistracy,  to  wit:    those  which  are
legislative, to  one;   those which  are executive, including the
administrative, to  another;   and those  which are judicial to a
third. Art. III.

  4. - 1st. The legislative authority of the state is vested in a
general assembly,  which  consists  of  a  senate  and  house  of
representatives, both elected by the people.

   5. The senate is composed of a number of persons who shall not
exceed fifty.  Art. 2. The number shall be fixed by law. Art. IV.
6. A senator shall 1. Have attained the age of twenty-five years.
2. Be  a citizen  of the  United States.  3. Have  resided,  next
preceding his  election, two years in this state, the last twelve
months of which must have been in the county or district in which
he may be elected. Senators shall be elected for the term of four
years, and  one-half as nearly as possible shall be elected every
two years.

  6. - 2. The number of representatives is to be fixed by law. It
shall never exceed one hundred members. Art. IV. s. 2, 5.

  7. To be qualified for a representative, a person must, 1. Have
attained the  age of  twenty-one year's.  2. Be a Citizen, of the
United States.  3. Have  been for  two years  next preceding  his
election an  inhabitant of  this state,  and for  one  year  next
proceding his  election, an  inhabiant of  the county or district
whence he  may be  chosen. Art.  IV. s.  7.  Representatives  are
elected for  the term  of two years from the day next after their
general election.  Art. IV. s. 3. And they shall be chosen by the
respective electors of the counties. Art. IV. s. 2. .

   8. -  2d, The  exeutive power  of this  state is  vested in  a
governor.  And,   under  certain  circumstances,  this  power  is
exercised by the lieutenant-governor.

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   9. -  1. The  governor is  elected at  the time  and place  of
choosing members  of the  general assembly.  Art. V.  s.  3.  The
person having  the highest  number of votes for governor shall be
elected;  but, in case to or more persons shall have an equal and
the highest  number of votes for the office, the general assembly
shall, by  joint vote, forthwith proceed to elect one of the said
persons governor. He shall hold his office during four years, and
is not  eligible more  than four  years in  any period  of  eight
years. The  official term  of the  governor shall commence on the
second Monday  of January, in the year one thousand eight hundred
and  fifty-three,   and  on   the  same  day  every  fourth  year
thereafter. His requisite quali- fications are, that he shall, 1.
Have been a citizen of the United States for five years. 2. Be at
least thirty  years of  age. 3.  Have resided  in the  state five
years next  preceding his  election. 4. Not hold any office under
the United States, or this state. He is commander-in-chief of the
army and navy of the state, when not in the service of the United
States, and  may call  out such  forces, to  execute the laws, to
suppress insurrection,  or to  repel invasion.  He shall have the
power to  remit fines  and  forfeitures;    grant  reprieves  and
pardons, except  treason and  cases  of  impeachments;    and  to
require information  from  executive  officers.  When,  during  a
recess of  the general  assembly, a  vacancy shall  happen in any
office, the  appointment  of  which  is  vested  in  the  general
assembly, or  when at  any time  a vacancy shall have happened in
any other  state office,  or in the office of judge of any court,
the governor  shall fill such vacancy by appointment, which shall
expire when a successor shall have been elected and qualifled. He
shall take  care that the laws be faithfully executed. Should the
seat of  government become  dangerous, from  disease or at common
enemy, he may convene the general assembly at any other place. He
is also invsted with the veto power. Art. V.

   10. -  2. The  lieutenant-governor shall  be chosen  at  every
election for  a governor,  in the same manner, continue in office
for the same time, and possess the same qualifications. In voting
for  governor   and  lieutenant-governor,   the  electors   shall
distinguish  whom   they  vote  for  as  governor,  and  whom  as
lieutenant-governor. He  shall,  by  virtue  of  his  office,  be
president of  the senate;  have a right, when in committee of the
whole, to  debate and  vote on  all subjects, and when the senate
are equally  divided, to  give the  casting vote.  In case of the
removal of  the governor  from  office,  death,  resignation,  or
inability  to   discharge  the   duties  of   the   office,   the
lieutenant-governor shall  exercise all  the powers and authority
appertaining to  the office  of governor. Whenever the government
shall be  administered by the lieutenant-governor, or he shall be
unable to  attend as  president of  the senate,  the senate shall
elect one  of their  own members  as president for that occasion.
And the  general assembly  shall, by law, provide for the case of
removal from  office, death,  resignation, or  inability, both of
the governor  and lieutenant-governor,  declaring what  office  r

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shall  then  act  as  governor;    and  such  officer  shall  act
accordingly, until  the disability  be removed,  or a governor be
elected. The  lieutenant-governor, while  he acts as president of
the senate,  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.

   11. -  3. The judicial power of the state is vested by article
VII of the Constitution as follows:

   §1. The  judicial power  of this  state shall  be vested  in a
supreme court,  in circuit  courts, and  in such  other  inferior
courts as the general assembly may direct and establish.

   12. -  §2. The  supreme court  shall consist  of not less than
three nor  more than  five judges,  a majority  of  whom  form  a
quorum, which  shall  have  jurisdiction  co-extensive  with  the
limits of  the state,  in appeals  and writs of error, under such
regulations and  restrictions as  may be prescribed by law, shall
also have  such original jurisdiction as the general assembly may
confer. And  upon the  decision  of  every  case,  shall  give  a
statement, in  writing, of each question arising in the record of
such case, and the decision of the court thereon.

   13. -  §3. The circuit courts shall each consist of one judge.
The state  shall, from  time to  time, be  divided into  judicial
circuits. They shall have such civil and criminal jurisdiction as
may be  prescribed by  law. The  general assembly  may provide by
law, that  the judge of one circuit may hold the court of another
circuit in  case of  necessity or  convenience;   and in  case of
temporary inability  of any  judge, from sickness or other cause,
to hold the courts in his circuit, provision shall be made by law
for holding such courts.

   14. -  §4. Tribunals  of conciliation  may be established with
such powers  and duties  as shall  be prescribed  by law;  or the
powers and duties of the same may be conferred on other courts of
justice;   but such  tribunals or  other courts  when sitting  as
such, shall  have no power to render judgment to be obligatory on
the parties,  unless they  voluntarily submit  their  matters  of
difference, and  agree to  abide the judgment of such tribunal or

   15. -  §5. The  judges of  the supreme  court, the circuit and
other inferior  courts, shall  hold their offices during the term
of six  years, if  they shall  so long behave well, and shall, at
stated times,  receive for  their services  a compensation, which
shall not be diminished during their continuance in office.

   16. -  §6. All  judicial officers shall be conservators of the
peace in their respective jurisdiction.

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   17. - §7. The state shall be divided into as many districts as
there ate  judges of the supreme court;  and such districts shall
be formed of contiguous territory, as nearly equal in population,
as without  dividing a  county the  same can be made. One of said
judges shall  be elected  from each district, and reside therein;
but said  judges shall be elected by the electors of the state at

   18. - §8. There shall be elected by the voters of the state, a
clerk of the supreme court, who shall hold his office four years,
and whose duties shall be prescribed by law.

   19. -  §9. There  shall be elected in each judicial circuit by
the voters  thereof, a  prosecuting attorney,  who shall hold his
office for two years.

  20. - §10. A competent number of justices of the peace shall be
elected by the qualified electors in each township in the several
counties, and  shall continue  in office  four years,  and  their
powers and duties shall be prescribed by law.

  21. - §11. Every person of good moral character, being a voter,
shall be  entitled to  admission to practice law in all courts of

   INDICIA, civil  law. Signs,  marks. Example:  in replevin, the
chattel must  possess indicia,  or earmarks,  by which  it can be
distinguished from  all others  of the  same description. 4 Bouv.
Inst. n.  3556. This  term is  very nearly  synonymous  with  the
common law  phrase, "circumstantial  evidence." It  was  used  to
designate the facts giving rise to the indirect inference, rather
than the  inference itself;   as,  for example, the possession of
goods recently stolen, vicinity to the scene of the crime, sudden
change in  circumstances or conduct, &c. Mascardus, de Prob. lib.
1, quaest.  15;   Dall. Dict.  Compet‚nce  Criminelle,  92,  415;
Morin, Dict.  du Droit  Criminal,  mots  Accusation,  Chambre  du

   2. Indicia may be defined to be conjectures, which result from
circumstances not  absolutely necessary  and certain,  but merely
probable, and which may turn out not to be true, though they have
the appearance of truth. Denisart, mot Indices. See Best on Pres.
13, note f.

  3. However numerous indicia may be, they only show that a thing
may be,  not that  it has been. An indicium, can have effect only
when a  connexion is  essentially necessary  with the  principal.
Effects are  known by their causes, but only when the effects can
arise only  from the  causes to  which they. are attributed. When
several causes  may have produced one and the same effect, it is,
therefore, unreasonable  to attribute  it  to  any  one  of  such
causes. A combination of circumstances sometimes conspire against
an innocent person, and, like mute witnesses, depose against him.
There is  danger in such cases, that a jury may be misled;  their
minds prejudiced, their indignation unduly excited, or their zeal

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seduced. Under  impressions thus  produced, they may forget their
true relation  to the  accused, and condemn a man whom they would
have acquitted  had they  required that proof and certainty which
the law demands. See D'Aguesseau, Oeuvres, vol. xiii. p. 243. See

   INDICTED, practice.  When a  man  is  accused  by  a  bill  of
indictment preferred by a grand jury, he is said to be indicted.

   INDICTION, computation of time. An indiction contained a space
of fifteen years.

   2. It  was used  in dating at Rome and in England. It began at
the dismission  of the  Nicene council, A. D. 312. The first year
was reckoned  the first  of the  first indiction, the second, the
third, &c., till fifteen years afterwards. The sixteenth year was
the first year of the second indiction, the thirty-first year was
the first ar of the third indiction, &c.

  INDICTMENT, crim. law, practice. A written accusation of one or
more persons  of  a  crime  or  misdemeanor,  presented  to,  and
preferred upon  oath or  affirmation, by  a  grand  jury  legally
convoked. 4 Bl. Com. 299;  Co. Litt. 126;  2 Hale, 152;  Bac. Ab.
h. t.;  Com. Dig. h. t. A;  1 Chit. Cr. L. 168.

   2. This  word, indictment,  is said to be derived from the old
French word  inditer, which  signifies to  indicate;  to show, or
point out.  Its object is to indicate the offence charged against
the accused. Rey, des Inst. l'Angl. tome 2, p. 347.

   3. To  render an indictment valid, there are certain essential
and formal  requisites. The  essential requisites  are, 1st. That
the indictment be presented to some court having jurisdiction. of
the offence stated therein. 2d. That it appear to have been found
by the  grand jury of the proper county or district. 3d. That the
indictment be found a true bill, and signed by the foreman of the
grand jury.  4th. That  it be  framed with  sufficient certainty;
for this purpose the charge must contain a certain description of
the crime  or misdemeanor, of which the defendant is accused, and
a statement  of the  facts by  which it  is constituted, so as to
identify the  accusation. Cowp. 682, 3;  2 Hale, 167;  1 Binn. R.
201;   3 Binn.  R;   533;   1 P. A. Bro. R. 360;  6 S. & R. 398 4
Serg. &  Rawle, 194;  4 Bl. Com. 301;  Yeates, R. 407;  4 Cranch,
R. 167.  5th. The indictment must be in the English language. But
if any document in a foreign language, as a libel, be necessarily
introduced, it should be set out in the original tongue, and then
translated, showing its application. 6 T. R. 162.

   4. Secondly,  formal requisites are, 1st. The venue, which, at
common law  should always be laid in the county where the offence
has  been  committed,  although  the  charge  is  in  its  nature
transitory, as  a battery. Hawk. B. 2, c. 25, s. 35. The venue is
stated in the margin thus, "City and county of _____ to wit." 2d.
The presentment,  which must  be in  the present  tense,  and  is

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usually expressed by the following formula, "the grand inquest of
the commonwealth  of ______  inquiring for  the city  and  county
aforesaid, upon their oaths and affirmations present." See, as to
the venue,  1 Pike,  R. 171;   9  Yerg. 357.  3d.  The  name  and
addition of the defendant;  but in case an error has been made in
this respect,  it is cured by the plea of the defendant. Bac. Ab.
Misnomer, B;   Indictment,  G 2;   2 Hale, 175;  1 Chit. Pr. 202.
4th. The  names of  third persons,  when they must be necessarily
mentioned in the indictment, should be stated with certainty to a
common intent, so as sufficiently to inform the defendant who are
his accusers. When, however, the names of third persons cannot be
ascertained, it  is sufficient,  in some  cases,  to  state  "  a
certain person or persons to the jurors aforesaid unknown." Hawk.
B. 2,  c. 25,  s. 71;   2  East, P.  C. 651,  781;   2 Hale, 181;
Plowd. 85;   Dyer, 97, 286;  8 C. & P. 773. See Unknown. 5th. The
time when  the offence was committed, should in general be stated
to be  on a  specific year  and day.  In  some  offences,  as  in
perjury, the  day must  be precisely  stated;  2 Wash. C. C. Rep.
328;   but although  it is necessary that a day certain should be
laid in  the indictment, yet, in general, the prosecutor may give
evidence of an offence committed on any other day previous to the
finding of the, indictment. 5 Serg. & Rawle, 316. Vide 11 Serg. &
Rawle, 177;   1  Chit. Cr.  Law, 217, 224;  1 Ch. Pl. Index, tit.
Time. See  17 Wend.  475;   2 Dev. 567;  5 How. Mis. 14;  4 Dana.
496;   C. &  N. 369;   1  Hawks, 460.  6th. The offence should be
properly described.  This is  done  by  stating  the  substantial
circumstances necessary  to show  the nature  of the  crime  and,
next, the formal allegations and terms of art required by law. 1.
As to  the substantial  circumstances. 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, should be set
forth;   but there  should be  no unnecessary matter or any thing
which on  its face  makes the indictment repugnant, inconsistent,
or absurd.  Hale, 183;  Hawk. B. 2, c. 25, s. 57;  Ab. h. t. G 1;
Com. Dig. h. t. G 3;  2 Leach, 660;  2 Str. 1226. All indictments
ought to  charge a  man with  a particular  offence, and not with
being an  offender in  general:   to this  rule  there  are  some
exceptions, as  indictments against  a common  barrator, a common
scold, and  the keeper of a common bawdy house;  such persons may
be indicted by these general words. 1 Chit. Cr. Law, 230, and the
authorities there  cited. The  offence must  not be stated in the
disjunctive, so  as to  leave it uncertain on what it is intended
to rely  as an  accusation;   as, that  the defendant  erected or
caused to  be. erected  a nuisance. 2 Str. 900;  1 Chit. Cr. Law,

   2. There are certain terms of art used, so appropriated by the
law to  express the  precise idea  which  it  entertains  of  the
offence, that  no other  terms, however synonymous they may seem,
are capable  of filling  the same  office:  such, for example, as
traitorously, (q.  v.) in  treason;    feloniously,  (q.  v.)  in
felony;   burglariously, (q.  v.) in  burglary;  maim, (q. v.) in
mayhem, &c.  7th. The conclusion of the indictment should conform
to the provision of the constitution of the state on the subject,

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where there  is such  provision;  as in Pennsylvania, Const. art.
V., s.  11, which  provides, that  " all  prosecutions  shall  be
carried on  in the  name and by the authority of the commonwealth
of Pennsylvania,  and conclude  against the  peace and dignity of
the same."  As to  the necessity  and propriety of having several
counts in  an indictment,  vide 1  Chit. Cr.  Law, 248;   as  to.
joinder of  several offences in the same indictment, vide 1 Chit.
Cr. Law,  253;  Arch. Cr. Pl. 60;  several defendants may in some
cases be  joined in  the same indictment. Id. 255;  Arch. Cr. Pl.
59. When  an indictment  may be  amended, see Id. 297 .Stark. Cr.
Pl. 286;   or quashed, Id. 298 Stark. Cr. Pl. 831;  Arch. Cr. 66.
Vide;   generally, Arch. Cr. Pl. B. 1, part 1, c. 1;  p. 1 to 68;
Stark. Cr. Pl. 1 to 336;  1 Chit. Cr. Law, 168 to 304;  Com. Dig.
h. t.:   Vin.  Ab. h.  t.;   Bac. Ab.  h. t.;   Dane's Ab. h. t.;
Nels. Ab. h. t.;  Burn's Just. h. t.;  Russ. on Cr. Index, h. t.,

  5. By the Constitution of the United States, Amendm. art. 5, no
person shall  be held  to answer  for  a  capital,  or  otherwise
infamous crime,  unless on a presentment or indictment of a grand
jury, except  in cases arising in the land or naval forces, or in
the militia,  when in  actual service  in time  of war, or public

   INDICTOR. He  who causes another to be indicted. The latter is
sometimes called the indictee.

   INDIFFERENT. To  have no  bias nor  partiality. 7 Conn. 229. A
juror, an arbitrator, and a witness, ought to be indifferent, and
when they are not so, they may be challenged. See 9 Conn. 42.

   INDIRECT EVIDENCE. That proof which does not prove the fact in
question, but  proves another, the certainty of which may lead to
the discovery of the truth of the one sought.

  INDIVISIBLE. That which cannot be separated.

   2. It  is important  to ascertain  when a  consideration or  a
contract, is  or is  not indivisible.  When  a  consideration  is
entire and  indivisible, and  it is  against law, the contract is
void  in  toto.  11  Verm.  592;    2  W.  &  S.  235.  When  the
consideration is  divisible, and  part  of  it  is  illegal,  the
contract is void only pro tanto.

    3.  -  To  ascertain  whether  a  contract  is  divisible  or
indivisible, id  to ascertain  whether  it  may  or  may  not  be
enforced, in  part, or  paid in  part, without the consent of the
other party.  See 1  Bouv. Inst.  n. 694, and articles Divisible;

   INDIVISUM. That  which two  or more  persons  hold  in  common
without partition;  undivided. (q. v.)

   TO INDORSE.  To write  on the  back.  Bills  of  exchange  and
promissory notes  are indorsed  by the  party writing his name on
the back;   writing  one's name  on the  back of  a writ,  is  to
indorse such writ. 7 Pick. 117. See 13 Mass. 396.

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   INDORSEE, contracts.  The person in whose favor an indorsement
is made,

   2. He  is entitled  to all the rights of the indorser, and, if
the bill  or note have been indorsed over to him before it became
due, he  may be  entitled to  greater rights  than the  payee and
indorser would  have had,  had he retained it till it became due,
as none  of the  parties can  make a set-off, or inquire into the
consideration of the bill which he then holds. If he continues to
be the holder (q. v.) when the bill becomes due, he ought to make
a legal  demand, and  give notice  in case  of non-acceptance  or
non-payment. Chitty on Bills, passim.

  INDORSEMENT, crin. law, practice. 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, which  is to  be executed  in  another
county, it  is necessary in some states, as in Pennsylvania, that
it should  be indorsed  by a justice of the county where it is to
be executed:  this indorsement is called backing. (q. v.)

   INDORSEMENT, contracts. In its most general acceptation, it is
what is  written on  the back  of an  instrument of  writing, and
which has  relation to  it;    as,  for  example,  a  receipt  or
acquittance on a bond;  an assignment on a promissory note.

   2. Writing  one's name on the back of a bill of exchange, or a
promissory note  payable to  order, is what is usually called, an
indorsement. It will be convenient to consider, 1. The form of an
indorsement;  and, 2. Its effect.

   3. -  1. An indorsement is in full, or in blank. In full, when
mention is  made of the name of the indorsee;  and in blank, when
the name  of the indorsee is not mentioned. Chitty on Bills, 170;
13 Serg. & Rawle, 315. A blank indorsement is made by writing the
name of the indorser on the back;  a writing or assignment on the
face of  the note  or bill  would, however, be considered to have
the force  and effect  of an indorsement. 16 East, R. 12. when an
indorsement has  been made in blank any after attempt to restrain
the negotiability  of the  bill will  be unavailing. 1 E.N. P. C.
180;  1 Bl. Rep. 295;  Ham. on Parties 104.

   4.  Indorsements  may  also  be  restrictive  conditional,  or
qualified.   A   restrictive   indorsement   may   restrain   the
negotiability of  a bill,  by using express words to that effect,
as by  indorsing it  "payable to  J. S.  only," or by using other
words clearly  demonstrating his  intention to do so. Dougl. 637.
The indorser  may also  make his  indorsement conditional, and if
the condition be not performed, it will be invalid. 4 Taunt. Rep.
30. A  qualified indorsement  is one which passes the property in
the bill  to the  indorsee, but is made without responsibility to
the indorser;   7  Taunt. R.  160;   the words commonly used are,
sans recours,  without recourse.  Chit. on  Bills, 179;   3 Mass.
225;  12 Mass. 14, 15.

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  5. - 2. The effects of a regular indorsement may be considered,
1. As  between the  indorser and  the indorsee.  2.  Between  the
indorser and  the acceptor.  And, 3.  Between  the  indorser  and
future parties to the bill.

   6. -  1. An indorsment is sometimes an original engagement;as,
when a  man draws  a bill  payable to his own order, and indorses
it;   mostly, however,  it operates as an assignment, as when the
bill is  perfect, and  the payee  indorses it  over  to  a  third
person. As an assignment, it carries with it all the rights which
the indorsee  had, with a guaranty of the solvency of the debtor.
This guaranty  is, nevertheless,  upon condition  that the holder
will use  due diligence  in making  a demand  of payment from the
acceptor, and  give notice  of non-acceptance  or non-payment. 13
Serg. Rawle, 311.

  7.-2. As between the indorsee and the acceptor, the indorsement
has the  effect of  giving to the former all the rights which the
indorser had  against the  acceptor, and all other parties liable
on the  bill, and  it is  unnecessary that  the acceptor or other
party should signify his consent or knowledge of the indorsement;
and if  made before the bill is paid, it conveys all these rights
without any  set-off, as  between the  antecedent parties.  Being
thus fully invested with all the rights in the bill, the indorsee
may himself  indorse it to another when he becomes responsible to
all future patties as an indorser, as the others were to him.

   8. -  3. The  indorser becomes  responsible by that act to all
persons who may afterwards become party to the bill.

   Vide Chitty  on Bills,  ch. 4;   3  Kent, Com.  58;  Vin. Abr.
Indorsement;  Com. Dig. Fait, E 2;  13 Serg. & Rawle, 311;  Merl.
R‚pert. mot  Endossement Pard.  Droit Com. 344-357;  7 Verm. 356;
2 Dana,  R. 90;   3  Dana, R.  407;  8 Wend. 600;  4 Verm. 11;  5
Harr. & John. 115;  Bouv. Inst. Index, h. t.

   INDORSER, contracts. The person who makes an indorsement.

   2. The  indorser of  a bill  of exchange,  or other negotiable
paper, by  his indorsement  undertakes to  be responsible  to the
holder for  the amount  of the  bill or note, if the latter shall
make a  legal demand  from the payer, and, in default of payment,
give proper  notice thereof to the indorser. But the indorser may
make  his  indorsement  conditional,  which  will  operate  as  a
transfer of  the bill,  if the condition be performed;  or he may
make it  qualified, so  that  he  shall  not  be  responsible  on
non-payment by the payer. Chitty on Bills, 179,180.

   3.  To  make  an  indorser  liable  on  his  indorsement,  the
instrument must  be commercial  paper, for  the indorsement  of a
bond or single bill.will not, per se, create a responsibility. 13
Serg. &  Rawle, 311.  But see  Treval v.  Fitch,  5  Whart.  325;
Hopkins v. Cumberland Valley R. R. Co., 3 Watts & Serg. 410.

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   4. When  there are  several indorsers,  the. first in point of
time is  generally, but not always, first-responsible;  there may
be circumstances  which may cast the responsibility, in the first
place, as between them, on a subsequent indorsee. 5 Munf. R. 252.
  INDUCEMENT,   pleading.  The   statement  of  matter  which  is
introductory to the principal subject of the declaration or plea,
&c., but  which is  necessary to  explain and elucidate it;  such
matter as  is not  introductory to  or necessary to elucidate the
substance or  gist  of  the  declaration  or  plea,  &c.  nor  is
collaterally  applicable   to  it,   not  being   inducement  but
surplusage.  Inducement  or  conveyance,  which.  are  synonymous
terms, is  in the nature of a preamble to an act of assembly, and
leads to  the Principal  subject of  the declaration or plea, &c.
the same  as that  does to the purview or providing clause of the
act. For instance, in an action for a nuisance to property in the
possession of  the  plaintiff,  the  circumstance  of  his  being
possessed of  the property  should be  stated as  inducement,  or
byway of  introduction to the mention of the nuisance. Lawes, Pl.
66, 67;   1 Chit. Pl. 292;  Steph. Pl. 257;  14 Vin. Ab. 405;  20
Id. 845;  Bac. Ab. Pleas. &c. I 2.

  INDUCEMENT, contracts, evidence. The moving cause of an action.

  2. In contracts, the benefit.which the obligor is to receive is
the inducement to making them. Vide Cause;  Consideration.

   3. When  a person  is charged  with a  crime, he  is sometimes
induced to  make confessions  by the  flattery of  hope,  or  the
torture of fear. When such confessions are made in consequence of
promises or  threats by  a person  in authority,  they cannot  be
received in  evidence. In  England a  distinction has  been  made
between temporal  and spiritual  inducements;   confessions  made
under the former are not receivable in evidence, while the latter
may be admitted. Joy on Conf. ss. 1 and 4.

   INDUCLAE LEGALES, Scotch law. The days between the citation of
the defendant, and the day of appearance. Bell's Scotch Law Dict.
h. t. The days between the test and the return day of the writ.

   INDUCTION, eccles.  law. The  giving a  clerk, instituted to a
benefice, the  actual possession  of  its  temporalties,  in  the
nature of livery of seisin. Ayl. Parerg. 299.

   INDUTLGENCE. A favor granted.

    2.  It  is  a  general  rule  that  where  a  creditor  gives
.indulgence, by entering into a binding contract with a principal
debtor, by  which the  surety is or may be damnified, such surety
is discharged,  because the  creditor has put it out of his power
to enforce immediate payment;  when the surety would have a right
to require  him to  do so. 6 Dow, P. C. 238;  3 Meriv. 272;  Bac.
Ab. Oblig. D;  and see Giving Time.

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   3. But  mere inaction  by the  creditor, if  he do not deprive
himself of  the right  to sue  the principal, does not in general
discharge the surety. See Forbearance.

  INELIGIBILITY. The incapacity to be lawfully elected.

   2. This  incapacity arises  from various, causes, and a person
may be  incapable of  being elected  to one  office who  may,  be
elected to  another;   the incapacity  may also  be perpetual  or

   3. -  1. Among  perpetual inabilities  may be reckoned, 1. The
inability of  women to  be elected  to a  public  office.  2.  Of
citizens born in a foreign country to be elected president of the
United States.

   4. -  2. Among  the temporary inabilities may be mentioned, 1.
The holding  of an office declared by law to be incompatible with
the one  sought. 2. The non-payment of the taxes required by law.
3. The  want of  certain property  qualifications required by the
constitution. 4. The want of age, or being over the age required.
Vide Eligibility. Incompatibility.

   INEVITABLE ACCIDENT.  A term  used in  the civil  law,  nearly
synonymous with fortuitous. event. (q. v.) 2 Sm. & Marsh. 572. In
the common  law commonly  called the ad of God. (q. v.) 2 Smed. &
Marsh. Err. & App. 572.

   INFAMIS. Among  the Romans  was of  a general rule, and not by
virtue  of  an  arbitrary  decision  of  the  censors,  lost  his
political rights,  but preserved  his civil  rights. Sav. Dr. Rom

   INFAMY, crim.  law, evidence.  That state which is produced by
the conviction  of crime and the loss of honor, which renders the
infamous person incompetent as a witness.

   2. It  is to  be considered,  1st. What  crimes or  punishment
incapacitate a  witness. 2d.  How the  guilt is to be proved. 3d.
How the objection answered. 4th. The effect of infamy.

   3. -  1. When  a man  is convicted  of  an  offence  which  is
inconsistent with  the common principles of honesty and humanity,
the law  considers his  oath to be of no weight, 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,
liberty or property. Gilb. L. E. 256;  2 Bulst. 154;  1 Phil. 23;
Bull. N.  P. 291.  The crimes  which render a person incompetent,
are treason;   5  Mod. 16, 74;  felony;  2 Bulst. 154;  Co. Litt.
6;   T. Raym. 369;  all offences founded in fraud, and which come
within the  general. notion of the crimen falsi of the Roman law;
Leach, 496;   as  perjury and  forgery;  Co. Litt. 6;  Fort. 209;

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piracy 2  Roll. Ab.  886;    swindling,  cheating;    Fort.  209;
barratry;   2 Salk.  690;   and the  bribing a  witness to absent
himself from  a trial, in order to get rid of his evidence. Fort.
208. It  is the  crime and  not the punisshment which renders the
offender unworthy of belief. 1 Phill. Ev. 25.

   4. -  2. In order to incapacitate the party, the judgment must
be  proved   as  pronounced   by  a  court  possessing  competent
jurisdiction. 1 Sid. 51;  2 Stark. C. 183;  Stark. Ev. part 2, p.
144, note  1;   Id. part  4, p.  716. But it has been held that a
conviction of an infamous crime in another country, or another of
the United States, does not render the witness incompetent on the
ground of  infamy. 17  Mass. 515. Though this doctrine appears to
be at  variance with the opinions entertained by foreign jurists,
who maintain that the state or condition of a person in the place
of his  domicil accompanies  him everywhere.  Story, Confl. §620,
and the authorities there cited;  Foelix, Trait‚ De Droit Intern.
Priv‚, 31;  Merl. R‚pert, mot Loi, §6, n. 6.

   5. -  3. The  objection to competency may be answered, 1st. By
proof of  pardon. See  Pardon. And, 2d. By proof of a reversal by
writ of  error, which  must be  proved by  the production  of the

   6. -  4. The judgment for an infamous crime, even for perjury,
does not  preclude the party from making an affidavit with a view
to his  own defence.  2 Salk. 461 2 Str. 1148;  Martin's Rep. 45.
He may,  for instance,  make an  affidavit  in  relation  to  the
irregularity of  a judgment  in a  cause in which he, is a party,
for otherwise  he would  be without  a remedy.  But the  rule  is
confined to  defence,  and  he  cannot  be  heard  upon  oath  as
complainant. 2  Salk. 461  2 Str.  1148. When the witness becomes
incompetent from  infamy of  character, the effect is the same as
if he  were dead  and if  he has  attested any  instrument  as  a
witness, previous to his conviction, evidence may be given of his
handwriting. 2  Str. 833;   Stark.  Ev. part.  2, sect. 193;  Id.
part 4, p. 723.

   7. By  infamy is  also understood the expressed opinion of men
generally as  to the  vices of  another. Wolff, Dr. de la Nat. et
des Gens, §148.

   INFANCY. The  state or  condition of a person under tho age of
twenty-one years. Vide Infant.

   INFANT, persons.  One under  the age  of twenty-one years. Co.
Litt. 171.

   2. But  he is  reputed to  be twenty-one years old, or of full
age, the  first instant  of the last day of the twenty-first year
next before  the anniversary of his birth;  because, according to
the civil  computation of  time, which  differs from  the natural
computation, the  last day  having commenced, it is considered as
ended. Savig.  Dr. Rom. §182. If, for example, a person were born

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at any  hour of  the first  day of  January, 1810,  (even  a  few
minutes before twelve o'clock of the night of that day,) he would
be of  full age  at the  first instant  of  the  thirty-first  of
December, 1831,  although nearly  forty-eight hours before he had
actually attained  the full age of twenty-one years, according to
years, days,  hours and  minutes, because there is, in this case,
no fraction of a day. 1 Sid. 162;  S. C. 1 Keb. 589;  1 Salk. 44;
Raym. 84;   1  Bl. Com. 463, 464, note 13, by Chitty;  1 Lilly's,
Reg. 57;  Com. Dig. Enfant, A;  Savig. Dr. Rom. §§ 383, 384.

   3. A  curious case occurred in England of a young lady who was
born after the house clock had struck, while the parish clock was
striking, and before St. Paul's had begun to strike twelve on the
night of  the fourth and fifth of January, 1805, and the question
was whether  she was  born on the fourth or fifth of January. Mr.
Coventry gives it as his opinion that she was born on the fourth,
because the  house clock  does not regulate anything but domestic
affairs, that  the parochial  clock is  much better evidence, and
that a  metropolitan clock  ought to  be received  with "implicit
acquiescence." Cov. on Conv. Ev. 182-3. It is conceived that this
can only be prima facie, because, if the fact were otherwise, and
the parochial  and metropolitan  clocks  should  both  have  been
wrong, they  would undoubtedly have had no effect in ascertaining
the age of the child.

   4. The sex makes no difference, a woman is therefore an infant
until she  has attained  her age  of twenty-one  years. Co. Litt.
171. Before  arriving at  full infant may do many acts. A male at
fourteen is of discretion, and may consent to marry;  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, if his
discretion be  proved, may,  at common  law, make  a will  of his
personal estate;  and may act as executor at the age of seventeen
years. A  female at  seven may be betrothed or given in marriage;
at nine  she is  entitled to  dower;   at twelve  may consent  or
disagree to  marriage;   and, at common law, at seventeen may act
as executrix.

   5. Considerable  changes of the common law have probably taken
place in  many of  the states.  In Pennsylvania,  to  act  as  an
executor, the party must be of full age. In general, an infant is
not bound by his contracts, unless to supply him for necessaries.
Selw. N. P. 137;  Chit. Contr. 31;  Bac. Ab. Infancy, &c. I 3;  9
Vin. Ab.  391;   1 Com. Contr. 150,.151;  3 Rawle's R. 351;  8 T.
R. 335;  1 Keb. 905, 913;  S. C. 1 Sid. 258;  1 Lev. 168;  1 Sid.
129;   1 Southard's  R. 87. Sed vide 6 Cranch, 226;  3 Pick. 492;
1 Nott  & M'Cord, 197. Or, unless he is empowered to enter into a
contract, by some legislative provision;  as, with the consent of
his parent or guardian to put himself apprentice, or to enlist in
the service of the United States. 4 Binn. 487;  5 Binn. 423.

   6. Contracts  made with him, may be enforced or avoided by him
on his coming of age. See Parties to contracts;  Voidable. But to
this general  rule there  is  an  exception;    he  cannot  avoid

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contracts for necessaries, because these are for his benefit. See
Necessaries. The  privilege of  avoiding a contract on account of
infancy, is  strictly personal to the infant, and no one can take
advantage of it but himself. 3 Green, 343;  2 Brev. 438. When the
contract has  been performed,  and it  is such  as  he  would  be
compellable by  law to perform, it will be good and bind him. Co.
Litt. 172  a. And  all the  acts of an infant, which do not touch
his interest, but take effect from an authority which he has been
trusted to execute, are binding. 3 Burr. 1794;  Fonbl. Eq., b. 1,
c. 2, §5, note c.

   7. The  protection which the law gives an infant is to operate
as a  shield to  him, to  protect him from improvident contracts,
but not as a sword to do injury to others. An infant is therefore
responsible for  his torts,  as, for  slander, trespass,  and the
like;  but he cannot be made responsible in an action ex delicto,
where the  cause arose on a contract. 3 Rawle's R. 351;  6 Watts'
R. 9;   25  Wend. 399;  3 Shep. 233;  9 N. H. Rep. 441;  10 Verm.
71;   5 Hill,  391. But see contra, 6 Cranch, 226;  15 Mass. 359;
4 M'Cord, 387.

   8. He  is also  punishable  for  a  crime,  if  of  sufficient
discretion, or  doli capax. 1 Russ. on Cr. 2, 3. Vide, generally,
Bouv. Inst.  Index, h.  t.;   Bingh. on  Infancy;  1 Hare & Wall.
Sel. Dec.  103, 122;   the  various Abridgments and Digests, tit.
Enfant, Infancy;   and  articles Age;   Birth;  Capax Doli;  Dead
born;  Faetus;  In ventre sa mere.

   INFANTICIDE, med.  juris. The  murder of  a new  born  infant,
Dalloz, Dict.  Homicide,  §4;    Code  Penal,  300.  There  is  a
difference between  this offence  and those  known by the name of
prolicide, (q. V.) and foeticide. (q. v.)

   2. To commit infanticide the child must be wholly born;  it is
not. Sufficient that it was born so far as the head and breathed,
if it  died before  it was  wholly born. 5 Carr. & Payn. 329;  24
Eng. C.  L. Rep. 344;  S. C. 6 Carr:  & Payn. 349;  S. C. 25 Eng.
C. L. Rep. 433.

   3. When  this crime  is to be proved from circumstances, 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;   whether it was born alive;  and, if born
alive, by what means it came to its death. 1 Beck's Med. Jur. 331
to 428,  where these  several questions are learnedly considered.
See also  1 Briand,  M‚d L‚g. pr‚m. part. c. 8 Cooper's Med. Jur.
h. t.  Vide Ryan's  Med. Jur.  137;   Med. Jur.  145, 194;    Dr.
Cummin's Proof  of Infanticide considered L‚cieux, Considerations
M‚dico-l‚gales sur  l'Infanticide;   Duvergie,  M‚dicine  L‚gale,
art. Infanticide.

   INFEOFFMENT, estates.  The act or instrument of feoffment. (q.
v.) In  Scotland it  is  synonymous  with  saisine,  meaning  the
instrument of  possession;    formerly  it  was  synonymous  with
investiture, Bell's Sc. L. Dict. h. t.

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  INFERENCE.   A  conclusion   drawn  by   reason  from  premises
established by proof.

   2. It  is the  province of the judge who is to decide upon the
facts to  draw the inference. When the facts are submitted to the
court, the  judges draw  the inference;   when  they  are  to  be
ascertained by  a jury, it is their duty to do so. The witness is
not permitted as a general rule to draw an inference, and testify
that to  the court  or jury.  It is  his duty  to state the facts
simply as they occurred. Inferences differ from presumptions. (q.

   INFERI0R. One who in relation to another has less power and is
below him;   one  who is  bound to obey another. He who makes the
law is the superior;  he who is bound to obey it, the inferior. 1
Bouv. Inst. n. 8.

   INFERIOR COURTS. By this term are understood all courts except
the supreme  courts. An  inferior court  is a  court  of  limited
jurisdiction, and  it must  appear on the face of its proceedings
tliat it  has jurisdiction,  or its  proceedings. will be void. 3
Bouv. Inst. n. 2529.

   INFIDEL, persons,  evidence. One  who does  not believe in the
existence of  a God,  who will  reward or punish in this world or
that which  is to  come. Willes'  R. 550. This term has been very
indefinitely applied.  Under  the  name  of  infidel,  Lord  Coke
comprises Jews  and heathens;   2  Inst 506;   3  Inst. 165;  and
Hawkins includes among infidels, such as do not believe either in
the Old or New Testament. Hawk. P. C. b 2, c. 46, s. 148.

   2. 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.
See willes,  R. 550.  His belief  may be proved from his previous
declarations and avowed opinions;  and when he has avowed himself
to be an infidel, he may show a reform of his conduct, and change
of  his   opinion  since   the  declarations   proved  when   the
declarations have  been made  for a  very considerable  space  of
time, slight  proof will  suffice to  show  he  has  changed  his
opinion. There  is some  conflict in  the cases  on this subject,
some of  theni are  here referred to:  18 John. R. 98;  1 Harper,
R. 62;   4  N. Hamp.  R. 444;  4 Day's Cas. 51;  2 Cowen, R. 431,
433 n.,  572;  7 Conn. R. 66;  2 Tenn. R. 96;  4 Law Report, 268;
Alis. Pr.  Cr. Law,  438;  5 Mason, 16;  15 mass. 184;  1 Wright,
345;  So. Car. Law Journ. 202. Vide Atheist;  Future state.

   INFIRM. Weak, feeble.

   2. When a witness is infirm to an extent likely to destroy his
life, or to prevent his attendauce at the trial, his testimony de
bene esge  may be  taken at  any age.  1 P.  Will. 117;  see Aged
witness.;  Going witness.

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   INFLUENCE. Authority, credit, ascendance.

   2. Influence  is proper  or improper. Proper influence is that
which one  person gains  over another  by acts  of kindness  and,
attention, and by correct conduct. 3 Serg. & Rawle, 269. Improper
influence is  that dominion acquired by any person over a mind of
sanity for  general purposes,  and of  sufficient  soundness  and
discretion to regulate his affairs in general, which prevents the
exercise of  his di scretion, and destroys his free will. 1 Cox's
Cas. 355.  When the former is used to induce a testator to make a
will, it  will not vitiate it;  but when the latter is the moving
cause, the  will cannot  stand. 1  Hagg. R. 581;  2 Hagg. 142;  5
Serg. & Rawle, 207;  13 Serg. & Rawle, 323;  4 Greenl. R. 220;  1
Paige, R. 171;  1 Dow. & Cl. 440;  1 Speers, 93.

   3. A contract to use a party's influeuce to induce a person in
authority to  exercise his power in a particular way, is void, as
being against  public policy.  5 Watts  & Serg. 315;  5 Penn. St.
Rep. 452;  7 Watts, 152.

    INFORMALITY.  The  waut  of  those  forms  required  by  law.
Informality is  a good  ground for a plea in abatement. Com. Dig.
Abatement, H  1, 6;   Lawes,  Pl. 106;   Gould, Pl. c. 5, part 1,

   INFORMATION. An  accusation or  complaint made in writing to a
court of  competent jurisdiction,  charging some  person  with  a
specific violation of some public law. It differs in nothing from
an indictment  in its form and substance, except that it is filed
at the discretion of the proper law officer of the government, ex
officio, without  the intervention or approval of a grand jury. 4
Bl. Com. 308, 9.

   2. In  the French law, the term information is used to signify
the act or instrument which contains the depositions of witnesses
against the accused. Poth. Proc. Cr. sect. 2, art. 5 .

   3. Informations have for their object either to punish a crime
or misdemeanor,  and these  have,.perhaps, never been resorted to
in the  United States  or to  recover penalties  or  forfeitures,
which are  quite common.  For  the  form  and  requisites  of  an
information for  a penalty,  see 2  Chit. Pr.  155 to  171.  Vide
Blake's Ch. 49;  14 Vin. Ab. 407;  3 Story, Constitution, §1780 3
Bl. Com. 261.

   4. In  summary proceedings  before justices  of the peace, the
complaint or  accusation, at least when the proceedings relate to
a penalty, is called an information, and it is then taken down in
writing and sworn to. As the object is to limit the informer to a
certain charge,  in order that the defendant may know what he has
to defend,  and the  justice  may  limit  the  evidence  and  his
subsequent adjudication to the allegations in the information, it
follows that  the substance  of the  particular complaint must be
stated and it must be sufficiently formal to contain all material
averments. 8  T. R.  286;   5 Barn.  & Cres. 251;  11 E. C. L. R.
217;  2 Chit. Pr. 156. See 1 Wheat. R. 9.

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The name  of a  proceeding against any one who usurps a franchise
or office.

  2. Informations of this kind are filed in the highest courts of
ordinary jurisdiction  in  the  several  states,  either  by  the
attorney-general, of his own authority, or by the prosecutor, who
is entitled,  pro forma,  to use  his name, as the case may be. 6
Cowen, R. 102, n.;  10 Mass. 290;  2 Dall. 112;  2 Halst. R. 101;
1 Rep  Const. Ct.  So. Car. 86;  3 Serg. & Rawle, 52;  15 Serg. &
Rawle, 127:   Though,  in form,  these informations are criminal,
they are,  in their  nature, but  civil proceedings. 3 T. R. 484;
Kyd on  Corp. 439. They are used to try a civil right, or to oust
a wrongful possessor of an office. 3 Dall. 490;  1 Serg. & Rawle.
385, For  a full  and satisfactory  statement of  the law on this
subject, the  reader is  referred to  Angell on  Corp. ch. 20. p.
469. And see Quo Warranto.

   INFORMATUS NON  SUM, pleading, practice. I am not informed;  a
formal answer  made in  court, or  put upon record by an attorney
when he  has nothing to say in defence of his client. Styles Reg.

  INFORMER. A person who informs or prefers an accusation against
another, whom he suspects of the violation of some penal statute.

   2. When the informer is entitled to the penalty or part of the
penalty, upon  the conviction  of an  offender, he is or is not a
competent  witness,  accordingly  as  the  statute  creating  the
penalty has  or has  not made  him so. 1 Phil. Ev. 97;  Rosc. Cr.
Ev. 107;   5  Mass. R.  57;   1 Dall.  68;  1 Saund. 262, c. Vide
articles Prosecutor;  Rewards.

   INFORTIATUM, civil  law. The  second part  of  the  Digest  or
Pandects of  Justinian, is  called infortiatum:  see Digest. This
part, which  commences with  the third title of the twenty-fourth
book, and  ends with  the thirty-eighth  book,  was  thus  called
because it was the middle part, which, it was said, was supported
and fortified  by the  two others.  Some have  supposed that this
name  was   given  to  it,  because  it  treats  of  successions,
substitutions, and  other important matters, and being, more used
than the others, produced greater fees to the lawyers.

   INFRA, Latin.  Below, under, beneath, underneath. The opposite
of supra, above. Thus we say primo gradu est supra, pater, mater;
infra, filius,  filia. In  the first  degree of  kindred  in  the
ascending line;   above, is the father and the mother;  below, in
the descending line, the son and daughter. Inst. 3, 6, l.

   2. In  another, sense,  this word signifies within;  as, infra
corpus  comitatus,   within  the  body  of  the  county;    infra
proesidia, within the guards.

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   3. It  also signifies  during;   as infra  furorem during  the

   INFRA ATATEM.  Under age  that is,  during infancy,  or before
arriving at the
 full age of twenty-one years.

  INFRA CORPUS COMITATUS. Within the body of the countt.

   2. The  common  law  courts  have  jurisdiction  infra  corpus
comitatus;     the  admiralty,  on  the  contrary,  has  no  such
jurisdiction, unless,  indeed, the  tide water  may extend within
such county. 5 Howard's U. S. Rep. 441, 451.

   INFRA DIGNITATEM  CURAE.  Below  the  dignity  of  the  court.
Example, in equity a demurrer will lie to a bill on the ground of
the triviality  of the  matter in  dispute, as  being  below  the
dignity of  the court.  See 4  John. Ch.  183;   4 Paige, 364;  4
Bouv. Inst. n. 4237.

  INFRA HOSPITIUM. Within the inn when once a traveller's baggage
comes infra  hospitium, that is, in the care and under the charge
of the innkeeper, it is at his risk. See Guest;  Innkeeper.

   INFRA PRAESIDIA.  This term  is used in relation to prizes, to
signify that  they have  been brought  completely in the power of
the captors,  that is, within the towns, camps, ports or fleet of
the captors.  Formerly, the  rule was,  and perhaps still in some
countries is,  that the  act of bringing a prize infra praesidia,
changed the  property but the rule now established is, that there
must be a sentence of condemnation to effect this purpose. 1 Rob.
Adm. R. 134;  1 Kent's Com. 104;  Chit. Law of Nat. 98;  Abb. Sh.
14;  Hugo, Droit Romain, §90.

  INFRACTION. The breach of a law or agreement;  the violation of
a compact.  In the  French law  this is the generic expression to
designate all actions which are punishable by the code of France.

   INFUSION, med. jur. A pharmaceutical operation, which consists
in pouring  a hot  or cold  fluid upon a substance, whose medical
properties it  is desired  to extract.  Infusion is also used for
the product  of this  operation. Although  infusion differs  from
decoction, (q.  v.) they  are said to be ejusdem generis;  and in
the case  of an indictment which charged the prisoner with giving
a decoction,  and the evidence was that he had given an infusion,
the difference was held to be immaterial. 8 Camp. R. 74.

   INGENUI, civ.  law. Those  freemen who  were born free. Vicat,

   2. They were a class of freemen, distinguished from those who,
born slaves,  had afterwards  legally obtained  their freedom the

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latter  were   called  at  various  periods,  sometimes  liberti,
sometimes libertini.  An unjust  or  illegal  servitude  did  not
prevent a man from being ingenuus.

  INGRATITUDE. The forgetfulness of a kindness or benefit.
 2.  In the  civil law, ingratitude on the part of a legatee, was
sufficient to  defeat a  legacy  in  his  favour.  In  Louisiana,
donations inter  vivos are  liable to  be revoked or dissolved on
account of  the ingratitude  of the donee;  but the revocation on
this account  can, take place only, in the three following cases:
1. if  the donee  has attempted to take the life of the donor. 2.
If he  has been  guilty towards him of cruel treatmeut, crimes or
grievous injuries.  3.  If  he  has  refused  him  food  when  in
distress. Civ.  Code of  Lo. art.  1546, 1547;   Poth.  Donations
Entrevifs, s.  3, art.  1, §1.  There are  no such  rules in  the
common law. Ingratitude is not punishable by law.

  INGRESS, EGRESS AND REGRESS. These words are frequently used in
leases to  express the right of the lessee to enter, go upon, and
return from the lands in question.

   INGRESSU. An  ancient writ of entry, by which the plaintiff or
complainant sought an entry into his lands. Techn. Dict. h. t.

   INGROSSING, practice.  The act of copying from a rough draft a
writing in order that it may be executed;  as, ingrossing a deed.

  INHABITANT. One who has his domicil in a place is an inhabitant
of that place;  one who has an actual fixed residence in a place.

  2. A mere intention to remove to a place will not make a man an
inhabitant of such place, although as a sign of such intention he
may have  sent his  wife and children to reside there. 1 Ashm. R.
126. Nor  will  his  intention  to  quit  his  residence,  unless
consummated, deprive  him of  his right as an inhabitant. 1 Dall.
480. Vide  10 Ves.  339;  14 Vin. Ab. 420;  1 Phil. Ev. Index, h.
t.;   Const. of  Mass., part  2, c.  1, s. 2, a. 1;  Kyd on Corp.
321;   Anal. des  Pand. de  Poth. mot Habitans;  Poth. Pand. lib.
50, t.  1, s.  2;  6 Adolph. & Ell. 153;  33 Eng. Common Law Rep.

  3. The inhabitants of the United States may be classed into, 1.
Those born within the country;  and, 2. Those born out of it.

   4. -  1. The natives consist, 1st. Of white persons, and these
are all citizens of the United States, unless they have lost that
right. 2d.  Of the  aborigines, and  these are  not  in  general,
citizens of  the United  States nor do they possess any political
power. 3d.  Of negroes,  or descendants  of the African race, and
these generally  possess no  political  authority  whatever,  not
being able  to vote, nor to hold any office. 4th. Of the children
of foreign  ambassadors, who  are citizens  or subjects  as their
fathers are or were at the time of their birth.

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   5. -  2. Persons  born out  of the  jurisdiction of the United
States, are,  1st. children  of citizens of the United States, or
of persons  who have  been such;  they are citizens of the United
States, provided  the father  of such children shall have resided
within the  same. Act  of Congress  of April  14, 1802,  §4.  2d.
Persons who  were in  the country  at the time of the adoption of
the constitution;   these  have all  the rights  of citizens. 3d.
Persons who  have become  naturalized under the laws of any state
before the passage of any law on the subject of naturalization by
Congress, or  who have  become  naturalized  under  the  acts  of
congress, are citizens of the United States, and entitled to vote
for all  officers who  are elected  by citizens,  and to hold any
office except those of president and vice-president of the United
States. 4th. Children of naturalized citizens, who were under the
age of  twenty-one years,  at the time of their parent's being so
naturalized or  admitted to  the rights  of citizen-ship, are, if
then dwelling in the United States, considered as citizens of the
United  States,   and  entitled  to  the  same  rights  as  their
respective fathers. 5th. Persons who resided in a territory which
was annexed  to the  United States  by treaty,  and the territory
became a  state;   as, for example, a person who, born in France,
moved to  Louisiana in  1806, and  settled there, and remained in
the territory until it was admitted as a state, it was held, that
although not  naturalized under  the acts  of congress,  he was a
citizen of  the United States. Deshois' Case, 2 Mart. Lo. R. 185.
6th. Aliens  or foreigners,  who have never been naturalized, and
these are  not citizens of the United States, nor entitled to any
political rights  whatever. See  Alien;   Body politic;  Citizen;
Domicil;  Naturalization.

   INHERENT POWER.  An  authority  possessed  without  its  being
derived from  another. It is a right, ability or faculty of doing
a thing,  without receiving  that right,  ability or faculty from

   INHERITANCE, estates.  A perpetuity  in lands to a man and his
heirs;   or it  is the right to succeed to the estate of a person
who died  intestate. Dig.  50, 16,  24. The  term is  applied  to

  2. The property which is inherited is called an inheritance.

   3. The  term inheritance includes not only lands and tenements
which have been acquired by descent, but also every fee simple or
fee tail, which a person has acquired by purchase, may be said to
be an  inheritance, because the purchaser's heirs may inherit it.
Litt. s. 9.

    4.  Estates  of  inheritance  are  divided  into  inheritance
absolute, or fee simple;  and inheritance limited, one species of
which is  called fee  tail. They are also divided into corporeal,
as houses  and lands and incorporeal, commonly called incorporeal
hereditaments. (q.  v.) 1  Cruise, Dig.  68;  Sw. 163;  Poth. des
Retraits, n. 2 8.

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   5. Among  the civilians,  by  inheritance  is  understood  the
succession to all the rights of the deceased. It is of two kinds,
1 .  That which  arises by testament, when the testator gives his
succession to  a particular person;  and, 2. That which arises by
operation of  law, which  is called succession ab intestat. Hein.
Lec. El. §484, 485.

  INHIBITION, Scotch law,. A personal prohibition which passes by
letters under  the signet,  prohibiting the  party  inhibited  to
contract any  debt, or  do .  any deed,  by which any part of the
lands may be aliened or carried off, in prejudice of the creditor
inhibiting. Ersk. Pr. L. Scot. B. 2, t. 11, s. 2. See Diligences.

   2. In the civil law, the probibition which the law makes, or a
judge ordains to an individual, is called inhibition.

   INHIBITION, Eng. law. The name of a writ which forbids a judge
from further  proceeding in  a cause depending before him;  it is
in the nature of a prohibition. T. de la Ley;  F. N. B. 39.

  INIQUITY. Vice;  contrary to equity;  injustice.

   2. Where,  in a  doubtful matter,  the judge  is  required  to
pronounce, it  is his  duty to  decide in such a manner as is the
least against equity.

   INITIAL. Placed at the beginning. The initials of a man's name
are the  first letters  of his  Dame;    as,  G.  W.  for  George
Washington. When  in a  will the  legatee  is  described  by  the
initials of  his name  only, parol evidence may be given to prove
his identity.  3 Ves.  148. And  a  signature  made  simply  with
initials is  binding. 1  Denio, R. 471. But see Ersk. Inst. B. 3,
t. 2, n. 8.
 INITIALIA  TESTIMONII, Scotch  law.  Before  a  witness  can  be
examined in  chief,  he  may  be  examined  with  regard  to  his
disposition, 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,  and the  like. This previous examination,
which somewhat  resembles our  voir  dire,  is  called  initialia

  INITIATE. A right which is incomplete. By the birth of a child,
the hushand  becomes tenant  by the  curtesy  initiate,  but  his
estate is  not consummate  until the  death of  the wife. 2 Bouv.
Inst. n. 1725.

   INITIATIVE, French  law.  The  name  given  to  the  important
prerogative given by the charte constitutionelle, art. 16, to the
late king  to propose  through his  ministers projects of laws. 1
Toull. n. 39. See Veto.

   INJUNCTION, remedies,  chancery, practice.  An injunction is a
prohibitory writ,  specially prayed  for by  a bill, in which the

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plaintiff's  title  is  set  forth,  restraining  a  person  from
committing or  doing an  act (other  than  criminal  acts)  which
appear to  be against  equity and  conscience. Mitf.  Pl. 124;  1
Madd. Ch. Pr. 126.

   2. Injunctions  are of  two kinds,  the one  called  the  writ
remedial, and the other the judicial writ.

   3. -  1st. The former kind of injunction, or remedial writ, is
in the nature of a prohibition, directed to, and controlling, not
the inferior court, but the party. It is granted, when a party is
doing or is about to do an act against equity or good conscience,
or litigious  or vexatious;   in  these cases, the court will not
leave the  party to  feel the  mischief or  inconvenience of  the
wrong, and look to the courts of common law for redress, but will
interpose  its   authority   to   restrain   such   unjustifiable

   4. Remedial injunctions are of two kinds common or special. 1.
It is  common when  it prays to stay proceedings at law, and will
be granted,  of course;   as,  upon an  attachment for want of an
appearance, or  of an  answer;  or upon a dedimus obtained by the
defendant to take his answer in the country;  or upon his praying
for time  to answer, &c. Newl. Pr. 92;  13 Ves, 323. 2. A special
injunction is obtained only on motion or petition, with notice to
the other  party, and  is applied  for,  sometimes  on  affidavit
before answer,  but more  frequently upon the merits disclosed in
the defendant's  answer. Injunctions before answer are granted in
cases of  waste and  other injuries  of so  urgent a nature, that
mischief would  ensue if  the plaintiff  were to  wait until  the
answer were  put in;   but the court will not grant an injunction
during the pen-dency of a plea or demurrer to the bill, for until
that be  argued, it  does not appear whether or not the court has
jurisdiction of  the cause.  The injunction granted in this stage
of the  suit, is  to continue  till answer or further order;  the
injunction obtained  upon the  merits confessed  in  the  answer,
continues generally till the hearing of the cause.

   5. An  injunction is  generally granted  for  the  purpose  of
preventing a  wrong, or  preserving property in dispute pending a
suit. Its  effect, in  general, is  only in personam, that is, to
attach and  punish the  party if  disobedient  in  violating  the
injunction. Ed. Inj. 363;  Harr. Ch. Pr. 552.

  6. The principal injuries which may be prevented by injunction,
relate to  the person, to personal property, or to real property.
These will be separately considered.

   7. - 1. With respect to the person, the chancellor may prevent
a breach  of the  peace, by  requiring sureties  of the  peace. A
court of chancery has also summary and extensive jurisdiction for
the protection  of the  relative rights  of persons,  as  between
hushand and  wife, parent  and child, and guardian and ward;  and
in these cases, on a proper state of facts, an injunction will be

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granted. For  example, an  injunction may be obtained by a parent
to prevent  the marriage  of his infant son. 1 Madd. Ch. Pr. 348;
Ed. Inj. 297;  14 Ves. 206;  19 Ves. 282;  1 Chitt. Pr. 702.

   8. -  2. Injunctions respecting personal property, are usually
granted, 1st.  To restrain  a partner  or agent  from  making  or
negotiating bills,  notes  or  contracts,  or  doing  other  acts
injurious to  the partner or principal. 3 Ves. jr. 74;  3 Bro. C.
C. 15;   2 Campb. 619;  1 Price, R. 503;  1 Mont. on Part. 93;  1
Madd. Ch.  Pr. 160;   Chit.  Bills, 58, 61;  1 Hov. Supp. to Ves.
jr. *335;  Woodd. Lect. 416.

  9. - 2d. To restrain the negotiation of bills or notes obtained
by fraud,  or without  consideration. 8  Price, R.  631;    Chit.
Bills, 31  to 41;   Ed.  Inj. 210;  Blake's Ch. Pr. 838;  2 Anst.
519;  3 Anst. 851;  2 Ves. jr. 493;  1 Fonb. Eq. 43;  1 Madd. Ch.
Pr. 154.  3d. To  deliver up  void or  satisfied deeds. 1 V. & B.
244;  11 Ves. 535;  17 Ves. 111. 4th. To enter into and deliver a
proper security. 1 Anst, 49. 5th. To prevent breaches of covenant
or contract,  and enjoin the performance of others. Ed. Inj. 308.
6th. To  prevent a  breach of  confidence or  good faith,  or  to
prevent other loss as, for example, to restrain the disclosure of
secrets, which came to the defendant's knowledge in the course of
any confidential  employment. 1  Sim. R.  483 and see 1 Jac. & W.
394. An  injunction will be granted to prevent the publication of
private letters  without the authors consent. Curt. on Copyr. 90;
2 Atk. 342;  Ambl. 137;  2 Swanst. 402, 427;  1 Ball & Beat. 207;
2 Ves.  & B. 19;  1 Mart. Lo. R. 297;  Bac. Ab. Injunction A. But
the publication  will be allowed when necessary to the defence of
the character  of the  party who  received them.  2 Ves. & B. 19.
7th. To  prevent improper  sales, payments, or conveyances. Chit.
Eq.  Dig.   tit.  Practice,   xlvii.  8th.  To  prevent  loss  or
inconvenience;  this can be obtained on filing a bill quia timet.
(q. v.)  1 Madd.  Ch. Pr.  218 to  225. 9th.  To prevent waste of
property by  an executor or administrator. Ed. Inj. 300;  1 Madd.
Ch. Pr.;   160,  224.  10th.  To  restrain  the  infringement  of
patents;   Ed. Inj.  ch. 12;   14 Ves. 130;  1 Madd. Ch. Pr. 137;
or of  copyrights;   Ed. Inj.  c. 13;  8 Ares. 225;  17 Ves. 424.
11th. To  stay proceedings  in a  court of law. These proceedings
will be  stayed when  justice cannot  be done  in consequence  of
accident;  1 John. Cas. 417:  4 John. Ch. R. 287,194;  Latch, 24,
146, 148;   1  Vern. 180, 247;  1 Ch. C. 77, 120;  1 Eq. Cas. Ab.
92;   or mistake;   1 John. Ch. R. 119, 607;  2 John. Ch. R. 585;
4 John.  Ch. R.  85;   Id. 144;   2 Munf. 187;  1 Day's Cas. Err.
139;   3 Ch.  R. 55;  Finch., 413;  2 Freem. 16;  Fitzg. 118;  or
fraud. 1  John. Ch.  R. 402;  2 John. Ch. R. 512;  4 John. Ch. R.
65. But  no injunction  will be  granted to stay proceedings in a
criminal case. 2 John. Ch. R. 387;  6 Mod. 12;  2 Ves. 396.

   9. - 3. Injunctions respecting real property, may be obtained,
1st. To  prevent  wasteful  trespasses  or  irreparable  damages,
although the  owner may  be entitled  to retake possession, if he
can do so, without a breach of the peace. 1 Chit. Pr. 722. 2d. To
compel the  performance of  lawful works  in the least, injurious

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manner. 1  Turn. &  Myl. 181.  3d. To  prevent waste.  3 Tho. Co.
Litt. 241,  M;   1 Madd. Ch. Pr. 138;  Ed. Inj. ch. 8, 9, and 10;
1 John. Ch. R. 11;  2 Atk. 183. 4th. To prevent the creation of a
nuisance, either  private or  public. 1.  Private nuisance;   for
example, to  restrain the  owner  of  a  house  from  making  any
erections or improvements, so as materially to darken or obstruct
the ancient  lights and windows of an adjoining house. 2 Russ. R.
121. 2.  Public nuisances.  Though usual to prosecute the parties
who create  nuisances, by  indictment, yet,  in  some  cases,  an
injunction may be had to prevent the creating of such nuisance. 5
Ves. 129;  1 Mad. Ch. 156;  Ed. Inj. ch. 11.
 10.  - 2d  An injunction of the second kind, called the judicial
writ, issues subsequently to a decree. It is a direction to yield
up, to  quit, or to continue possession of lands, and is properly
described as being in the nature of an execution. Ed. Inj. 2. 11.
Injunctions are  also divided  into temporary and perpetual. 1. A
temporary injunction  is one which is granted until some stage of
the suit  shall be  reached;   as, until the defendant shall file
his answer;   until  the bearing;   and  the like. 2. A perpetual
injunction is  one which  is issued  when, in  the opinion of the
court, at the hearing the plaintiff has established a case, which
entitles him  to an  injunction;   or when a bill, praying for an
injunction, is  taken pro  confesso;   in such  cases a perpetual
injunction will be decreed. Ed. Inj. 253.

   12. The  interdict (q. v.) of the Roman law resembles, in many
respects, our  injunction. It  was used  in three  distinct,  but
cognate senses.  1. It  was applied to signify the edicts made by
the proctor,  declaratory of  his intention  to give  a remedy in
certain cases,  chiefly to  preserve or  to  restore  possession;
this interdict  was called  edictal;   edictale, quod  praetoriis
edictis proponitur,  ut sciant omnes ea forma posse implorari. 2.
It was  used to  signify his order or decree, applying the remedy
in the  given case  before him,  and then  was  called  decretal;
decretale, quod  praetor re  nata implorantibus  decrevit. It  is
this which  bears a  strong resemblance  to the  injunction of  a
court of  equity. 3.  It was  used, in the last place, to signify
the very  remedy sought in the suit commenced under the proctor's
edict;  and thus it became the denomination of the action itself.
Livingston on  the Batture  case, 5, Am. Law Jour. 271;  2 Story,
Eq. Jur. §865;  Analyse des Pandectes de Pothier, h.t.;  Dict. du
Dig. h.t.;   Clef  des Lois  Rom. h.  t.;  Heineccii, Elem. Pand.
Ps. 6, §285, 28

   Vide, generally,  Eden on Injunctions;  1 Madd. Ch. Pr. 125 to
165;  Blake's Ch. Pr. 330 to 344;  1 Chit. Pr. 701 to 731;  Coop.
Eq. Pl. Index, h. t.;  Redesd. Pl. Index, h. t.;  Smith's Ch. Pr.
h. t.;  14 Vin. Ab. 442;  2 Hov. Supp. to Ves. jr. 173, 434, 442;
Com. Dig.  Chancery, D  8;   Newl. Pr.  o. 4,  s. 7;  Bouv. Inst.
Index, h. t.

   INJURIA ABSQUE  DAMNO. Injury  without damage.  Injury without
damage or  loss will  not bear  an action.  The following,  cases
illustrate this principle. 6 Mod. Rep. 46, 47, 49;  1 Shower, 64;

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Willes, Rep. 74, note;  1 Lord Ray. 940, 948;  2 Bos. & Pull. 86;
9 Rep. 113;  5 Rep. B. N. P. 120. 72

   INJURIOUS WORDS. This phrase is used, in Louisiana, to signify
slander, or libelous words. Code, art. 3501.

   INJURY. A  wrong or tort. Injuries are divided into public and
private;  and they affect the. person, personal property, or real

   3. -  1. They  affect the person absolutely or relatively. The
absolute injuries  are, threats and menaces, assaults, batteries,
wounding, mayhems;   injuries  to health, by nuisances or medical
malpractices. Those  affecting reputation  are,  verbal  slander,
libels, and malicious prosecutions;  and those affecting personal
liberty are,  false imprisonment  and malicious prosecutions. The
relative injuries are those which affect the rights of a hushand;
these are,  abduction of the wife, or harboring her, adultery and
battery  those  which    affect  the  rights  of  a  parent,  as,
abduction, seduction,  or battery  of a  child;  and of a master,
seduction, harboring  and battery  of his  apprentice or servant.
Those which  conflict with  the rights  of the inferior relation,
namely, the wife, child, apprentice, or servant, are, withholding
conjugal rights, maintenance, wages, &c.

  4. - 2. Injuries to personal property, are, the unlawful taking
and detention  thereof from  the owner;   and other injuries are,
some  damage   affecting  the   same  while   in  the  claimant's
possession, or  that of  a  third  person,  or  injuries  to  his
reversionary interests.

   5. -  3. Injuries  to real  property are,  ousters, trespasses
nuisances, waste,  subtraction of  rent, disturbance  of right of
way, and the like.

   6. Injuries arise in three ways. 1. By nonfeasance, or the not
doing what  was a  legal obligation,  or. duty,  or contract,  to
perform. 2.  Misfeasance, or  the  performance,  in  an  improper
manner, of  an act  which it  was either the party's duty, or his
contract, to  perform. 3.  Malfeasance, or the unjust performance
of some  act which  the party  had no  right,  or  which  he  had
contracted not to do.

   7. The  remedies are  different, as the injury affects private
individuals, or the public. 1. When the injuries affect a private
right and a private individual, although often also affecting the
public, there  are three  descriptions of  remedies:    1st.  The
preveative, such  as defence, resistance, recaption, abatement of
nuisance, surety  of the  peace, injunction, &c. 2d. Remedies for
compensation, which  may be  by  arbitration,  suit,  action,  or
summary  proceedings   before  a   justice  of   the  peace.  3d.
Proceedings  for   punishment,  as   by  indictment,  or  summary
Proceedings before  a justice.  2. When  the injury is such as to
affect the  public, it  becomes a crime, misdemeanor, or offence,

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and  the   party  may   be  punished  by  indictment  or  summary
conviction, for  the public  injury;   and by civil action at the
suit of the party, for the private wrong. But in cases of felony,
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;   and in  cases of  homicide the  remedy is  merged in the
felony. 1  Chit. Pr.  10;  Ayl. Pand. 592. See 1 Miles' Rep. 316,
17;  and article Civil Remedy.

  8. There are many injuries for which the law affords no remedy.
In general,  it interferes  only when  there has  been a  visible
bodily injury  inflicted by  force or  poison,  while  it  leaves
almost totally  unprotected the whole class of the most malignant
mental injuries  and sufferings  unless in a few cases, where, by
descending to  a fiction,  it sordidly  supposes  some  pecuniary
loss, and  sometimes, under a mask, and contrary to its own legal
principles, affords  compensation to  wounded feelings. A parent,
for example,  cannot  sue,  in  that  character,  for  an  injury
inflicted on  his child  and when  his own domestic happiness has
been destroyed,  unless the fact will sustain the allegation that
the daughter  was the servant of her father, and that, by, reason
of such  seduction, he  lost the benefit of her services. Another
instance may  be mentioned:   A  party cannot recover damages for
verbal slander  in many  cases;  as, when the facts published are
true, for  the defendant would justify and the party injured must
fail. A  case of this kind, remarkably bard, occurred in England.
A young  nobleman had  seduced a  young woman,  who, after living
with him  some time,  became sensible  of the  impropriety of her
conduct. She  left him  secretly, and removed to an obscure place
in the kingdom, where she obtained a situation, 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. He made proposals to her
to renew  their illicit  intercourse, which  were rejected;    in
order to,  force her  to accept them, he published the history of
her early  life, and  she was discharged from her employment, and
lost the  good opinion  of those  on whom  she depended  for  her
livelihood. For  this outrage  the  culprit  could  not  be  made
answerable, civilly  or  criminally.  Nor  will  the  law  punish
criminally the  author of  verbal slander, imputing even the most
infamous crimes,  unless done  with intent  to extort  a chattel,
money, or  valuable thing.  The law presumes, perhaps unnaturally
enough, that  a man  is incapable of being alarmed or affected by
such injuries  to his  feelings. Vide 1 Chit. Med. Jur. 320. See,
generally, Bouv. Inst. Index, h. t.

   INJURY, civil  law, In the technical sense of the term it is a
delict committed  in contempt, or outrage of any one, whereby his
body, his  dignity, or  his reputation,  is. maliciously injured.
Voet, Com. ad Pand. lib. 47, t. 10, n. 1.

   2. Injuries may be divided into two classes, With reference to
the means  used by  the wrong doer, namely, by words and by acts.
The first are called verbal injuries, the latter real.

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   3. A  verbal injury,  when directed  against a private person,
consists in the uttering contumelious words, which tend to expose
his character,  by making  him little  or ridiculous.  Where  the
offensive words  are uttered in the beat of a dispute, and spoken
to the  person's face,  the law  does not  presume any  malicious
intention in  the utterer,  whose resentment  generally  subsides
with his  passion;, and  yet, even in that case, the truth of the
injurious words  seldom absolves  entirely from punishment. Where
the injurious  expressions have a tendency to blacken one's moral
character, or  fix  some  particular  guilt  upon  him,  and  are
deliberately repeated  in different companies, or banded about in
whispers to confidants, it then grows up to the crime of slander,
agreeably to  the distinction  of the  Roman law,  1. 15, §12, de

   4. A  reat injury is inflicted by any fact by which a person's
honor or  dignity is  affected;   as striking one with a cane, or
even aiming  a blow  without striking;   spitting  in one's face;
assuming a  coat of arms, or any other mark of distinction proper
to another,  &c. The  composing and  publish in defamatory libels
maybe reckoned of this kind. Ersk. Pr. L. Scot. 4, 4, 45.

  INJUSTICE. That which is opposed to justice.

   2. It  is either natural or civil. 1. Natural injustice is the
act of  doing harm  to mankind,  by violating  natural rights. 2.
Civil injustice, is the unlawful violation of civil rights.

  INLAGARE. To admit or restore to the benefit of law.

   INLAGATION. The  restitution of one outlawed to the protection
of the law. Bract. lib. 2, c. 14.

  INLAND. Within the same country.

  2. It seems not to be agreed whether the term inland applies to
all the United States or only to one state. It has been holden in
Now York  that a  bill of exchange by one person in one state, on
another person  in another,  is an  inland bill  of exchange;   5
John. Rep.  375;   but a contrary opinion seems to have been held
in the  circuit court  of the  United  States  for  Pennsylvania.
Whart. Dig.  tit. Bills  of Exchange, E, pl. 78. Vide 2 Phil. Ev.
36, and Bills of Exchange.

  INMATE. One who dwells in a part of another's house, the latter
dwelling, at  the same  time, in  the said  house. Kitch.  45, b;
Com. Dig.  Justices of the Peace, B 85;  1 B. & Cr. 578;  8 E. C.
L. R.  153;   2 Dowl. & Ryl. 743;  8 B. & Cr. 71;  15 E. C. L. R.
154;   2 Mann.  & Ryl. 227;  9 B. & Cr. 176;  17 E. C. L. R. 385;
4 Mann.  & Ryl. 151;  2 Russ. on Cr. 937;  1 Deac. Cr. L. 185;  2
East, P.  Cr. 499, 505;  1 Leach's Cr. L. 90, 237, 427;  Alcock's
Registration Cases, 21;  1 Mann. & Gran. 83;  39 E. C. L. R. 365.
Vide Lodger.

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  INN. A house where a traveller is furnished with every thing he
has occasion  for while  on his  way. Bac.  Ab. Inns. B;  12 Mod.
255;   3 B.  & A.  283;  4 Campb. 77;  2 Chit. Rep. 484;  3 Chit.
Com. Law, 365, n. 6.

   2. All  travellers have a lawful right to enter an inn for the
purpose of being accommodated. It has been held that an innkeeper
in a  town'through which  lines of  stages pass, has no right to,
exclude the  driver of  one of  these lines from his yard and the
common public  rooms, where  travellers are  usually placed,  who
comes there  at proper  hours, and in a proper manner, to solicit
passengers for  his coach,  and without  doing any  injury to the
innkeeper. 8 N. H. R. 523;  Hamm. N. P. 170. Vide Entry;  Guest.

   INNAVIGABLE. Not capable of being navigated.

   INNINGS, estates. Lands gained from the sea by draining. Cunn.
L. Dict. h. t.;  Law of Sewers, 31.

   INNKEEPER. He  is defined to be the keeper of a common inn for
the lodging and entertainment of travellers and passengers, their
horses and  attendants, for  a reasonable  compensation. Bac. Ab.
Inns, &c.;   Story, Bailm. §475. But one who entertains strangers
occasionally, although he may receive compensation for it, is not
an innkeeper. 2 Dev. & Bat. 424.

   2. His  duties will  be first  considered and,  secondly,  his

   3. -  1. He is bound to take in and receive all travellers and
wayfaring persons,  and to  entertain them, if he can accommodate
them, for  a reasonable  compensation;   and he  must guard their
goods with  proper diligence.  He is  liable only  for the  goods
which are  brought within the inn. 8 Co. 32;  Jones' Bailm. 91. A
delivery of  the goods  into the custody of the innkeeper is not,
however, necessary,  in order  to  make  him  responsible;    for
although he  may not  know anything of such goods, he is bound to
pay for  them if  they are  stolen or  carried away,  even by  an
unknown person;   8 Co. 32;  Hayw. N. C. R. 41;  14 John. R. 175;
1 Bell's  Com. 469;   and if he receive the guest, the custody of
the goods  may be  considered as  an* accessory  to the principal
contract;   and the money paid for the apartments as extending to
the care  of the  box and  portmanteau. Jones' Bailm. 94;  Story,
Bailm. §470;   1  Bl. Com.  430;   2 Kent,  Com. 458  to 463. The
degree of  care which  the innkeeper is bound to take is uncommon
care, and  he will  be liable  for a  slight  negligence.  He  is
responsible for  the acts  of his domestics and servants, as well
as for  the acts  of his other guests, if the goods are stolen or
lost;   but he  is not responsible for any tort or injury done by
his servants  or others, to the, person of his guest, without his
own cooperation  or consent.  8 Co.  32. The  innkeeper  will  be
excused whenever  the loss  has occurred through the fault of the
guest. Story,  Bailm. §483:   4  M. &  S. 306;  S. C. 1 Stark. R.
251, note 2 Kent, Com. 461;  1 Yeates' R. 34.

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   4. -  2. The  innkeeper is entitled to a just compensation for
his care  and trouble  in  taking  care  of  his  guest  and  his
property;   and to enable him to obtain this, the law invests him
with some  peculiar privileges,  giving him alien upon the goods,
of the  guest, brought  into the  inn, and,  it is said, upon the
person of  his guest,  for his  compensation. 3 B. & Ald. 287;  8
Mod. 172;   1  Shower, Rep.  270;  Bac. Ab. Inns, &c., D. But the
horse of  the guest can be detained only for his own keeping, and
not for the boarding and personal expenses of the guest. Bac. Ab.
h. t.  The landlord  may also bring an action for the recovery of
his compensation.
 Vide,  generally, 1 Vin. Ab. 224;  14 Vin. Ab. 436;  Bac. Ab. h.
t.;   Yelv. 67, a, 162, a;  2 Kent, Com. 458;  Ayl. Pand. 266;  9
Pick. 280;   21  Wend. 285;   1 Yeates, 35:  Oliph. on the Law of
Horses, 125;  Bouv. Inst. Index, h. t.

  INNOCENCE, The absence of guilt.

  2. The law presumes in favor of innocence, even against another
presumption of  law:   for example, when a woman marries a second
hushand within  the space  of twelve months after her hushand had
left the country, the presumption of innocence preponderates over
the presumption  of the  continuance of  life. 2  B. &  A. 386  3
Stark. Ev.  1249.  An  exception  to  this  rule  respecting  the
presumption of  innocence has  been  made  in  the  case  of  the
publication of  a libel,  the principal  being presumed  to  have
authorized the  sale, when  a libel  is sold  by his agent in his
usual place  of doing business. 1 Russ. on Cr. 341;  10 Johns. R.
443;   Bull. N.  P. 6;   Greenl. Ev. §36. See 4 Nev. & M. 341;  2
Ad. & Ell. 540;  5 Barn. & Ad. 86;  1 Stark. N. P. C. 21;  2 Nov.
& M. 219.

     INNOCENT  CONVEYANCES.   This  term   is  used  in  England,
technically, to signify those conveyances made by a tenant of his
leasehold,  which   do  not   occasion  a  forfeiture  these  are
conveyances by  lease  and  release,  bargain  and  sale,  and  a
covenant to  stand seised  by a tenant for life. 1 Chit. Pr. 243,

   2. In  this country  forfeitures for  alienation of  a greater
right than  the tenant  possesses, are  almost unknown.  The more
just principle  prevails  that  the  conveyance  by  the  tenant,
whatever be  its  form,  operates  only  on  his  interest.  Vide

   INNOMINATE CONTRACTS,  civil  law.  Contracts  which  have  no
particular names,  as permutation and transaction, are so called.
Inst. 2,  10, 13.  There are  many innominate  contracts, but the
Roman lawyers  reduced thein  to four classes, namely, do ut des,
do ut  facias, facio ut des, and facio ut facias. (q. v.) Dig. 2,
14, 7, 2.

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   INNOTESCIMUS, English law. An epithet used for letters-patent,
which are  always of  a  charter  of  feoffment,  or  some  other
instrument not  of record, concluding with the words Innotescimus
per praesentes, &c. Tech. Dict. h. t.

  INNOVATION. Change of a thing established for something new.

   2. Innovations are said to be dangerous, as likely to unsettle
the common  law. Co.  Litt. 370,  b;   Id. 282,  b. Certainly  no
innovations ought  to be  made by  the courts, but as every thing
human, is  mutable,  no  legislation  can  be,  or  ought  to  be
immutable;     changes  are   required  by   the  alteration   of
circumstances;   amendments, by  the imperfections  of all  human
institutions but  laws ought  never to  be changed  without great
deliberation, and  a due  consideration of  the reasons  on which
they were  founded, as of the circumstances under which they were
enacted. Many  innovations have  been made.  in the  common  law,
which philosophy,  philanthropy and  common  sense  approve.  The
destruction of  the benefit of clergy;  of appeal, in felony;  of
trial by  battle and  ordeal;  of the right of sanctuary;  of the
privilege to  abjure the  realm;   of approvement,  by which  any
criminal who  could, in  a judicial  combat, by  skill, force  or
fraud kill  his accomplice,  secured his own pardon of corruption
of blood;   of constructive treason;  will be sanctioned;  by all
wise men,  and none will desire a return to these barbarisms. The
reader is  referred to  the case of James v. the Commo wealth, 12
Serg. & R. 220, and 225 to 2 Duncan, J., exposes the absurdity of
some ancient laws, with much sarcasm.

   INNOVATION, Scotch  law. The  exchange of  one obligation  for
another, so that the second shall come in the place of the first.
Bell's Scotch Law Dict. h. t. The same as Novation. (q. v.)

  INNS OF COURT, Engl. law. The name given to the colleges of the
English professors  and students  of the  common law. 2. The four
principal Inns  of Court  are the Inner Temple and Middle Temple,
(formerly belonging  to the  Knights Templars) Lincoln's Inn, and
Gray's Inn,  (ancient belonging to the earls of Lincoln and ray.)
The other  inns are the two Sergeants' Inns. The Inns of Chancery
were probably  so called because they were once inhabited by such
clerks, as  chiefly studied the forming of writs, which regularly
belonged to  the cursitors,  who are  officers of chancery. These
are Thavie's  Inn, the  New Inn,  Symond's  Inn,  Clement's  Inn,
Clifford's Inn,'  Staple's Inn,  Lion's Inn,  Furnival's Inn  and
Barnard's Inn. Before being called to the bar, it is necessary to
be admitted to one of the Inns of Court.

  INNUENDO, pleading. An averment which explains the defendoant's
meaning by  reference to  antecedent matter.  Salk. 513;   1  Ld.
Raym. 256;   12  Mod. 139;   1 Saund. 243. The innuendo is mostly
used in  actions for  slander. An  innuendo,  as,  "he  the  said
plaintiff meaning," is only explanatory of some matter expressed;
it serves  to apply  the slander  to the  precedent  matter,  but

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cannot add  or enlarge,  extend,  or  change  the  sense  of  the
previous words,  and the  matter to  which it alludes must always
appear  from   the  antecedent   parts  of   the  declaration  or
indictment. 1  Chit. Pl.  383;   3 Caines'  Rep. 76;  7 Johns. R.
271;  5 Johns. R. 211;  8 Johns. R. 109;  8 N. H. Rep. 256.

   3. It  is necessary  only when  the intent may be mistaken, or
when it  cannot be  collected from  the libel  or slander itself.
Cowp. 679;  5 East, 463.

  4. If the innuendo materially enlarge the sense of the words it
will vitiate the declaration or indictment. 6 T. R. 691;  5 Binn.
218;   5 Johns.  R. 220;  6 Johns. R. 83;  7 Johns. Rep. 271. But
when the  new matter  stated in  an innuendo  is not necessary to
support the  action, it may be rejected as surplusage. 9 East, R.
95;   7 Johns.  R. 272.  Vide, generally, Stark. on Slan. 293;  1
Chit. Pl.  383;   3 Chit.  Cr. Law, 873;  Bac. Ab. Slander, R;  1
Saund. 243, n. 4;  4 Com. Dig. 712;  14 Vin. Ab. 442;  Dane's Ab.
Index, h. t.;  4 Co. 17.

   INOFFICIOUS, civil  law. This  word is  frequently  used  with
others;   as, inofficious  testament,  inofficiosum  testamentum;
inofficious gift,  donatio inofficiosa.  An inofficious testament
is one  not made  according to  the rules of piety;  that is, one
made by which the testator has unlawfully omitted or disinherited
one of  his heirs.  Such a disposition is void by the Roman civil
law. Dig.  5, 2, 5;  see Code, 3, 29;  Nov. 115;  Ayl. Pand. 405;
Civil Code of Lo. art. 3522, n. 21.

     INOPS  CONSILII.   Destitute  or  without  counsel.  In  the
construction of  wills a  greater latitude  is given, because the
testator is supposed to have been inops consilii.

  INQUEST. A body of men appointed by law to inquire into certain
matters;   as, the inquest examined into the facts connected with
the alleged  murder;   the grand  jury, is  sometimes called  the
grand inquest.  The judicial  inquiry itself  is also  called  an
inquest. The  finding of such men, upon an investigation, is also
called an inquest or an inquisition.

  2. An inquest of office was bound to find for the king upon the
direction of  the court.  The reason  given is  that the  inquest
coucluded no  man of  his  right,  but  only  gave  the  king  an
opportunity to  enter so  that he  could have  his  right  tried.
Moore, 730;   Vaughan,  135;  3 H. VII. 10;  2 H. IV. 5;  3 Leon.

   INQUIRY, WRIT  OF. A  writ of  inquiry is  one issued  where a
judgment has  been entered in a case sounding in damages, without
any particular  amount being  ascertained;   this writ is for the
purpose of  ascertaining the  amount to  which the  plaintiff  is
entitled. Vide Writ Of Inquiry.

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   INQUISITION, practice.  An examination  of certain  facts by a
jury impannelled  by the sheriff for the purpose;  the instrument
of writing  on which  their decision  is made  is also  called an
inquisition. The  sheriff or  coroner and  the jury  who make the
inquisition, are called the inquest.

   2. An  inquisition on  an untimely  death, if  omitted by  the
coroner, may  be taken  by justices of gaol delivery and oyer and
terminer. or  of the  peace, but  it must  be done  publicly  and
openly, otherwise  it will be quashed. Inquisitions either of the
coroner, or  of the other jurisdictions, are traversable. 1 Burr.
18, 19.

   INQUISITOR. A  designation of  sheriffs, coroners, super visum
corporis, and  the like,  who have  power to inquire into certain

   2. The  name, of  an  officer,  among  ecclesiastics,  who  is
authorized to  inquire into heresies, and the like, and to punish
them. An ecclesiastical judge.

   INROLLMENT. The  act of  putting upon  a roll.  Formerly,  the
record of  a suit  was kept on skins of parchment, which, best to
preserve them,  were kept  upon a  roll or in the form of a roll;
what was written upon them was called the inrollment. After, when
such records  came to  be kept  in books,  the making  up of  the
record retained the old name of inrollment.

  INSANE. One deprived of the use of reason, after he has arrived
at the  age when  he ought to have it, either by a natural defect
or by accident. Domat, Lois Civ. Lib. prel. tit. 2, s. 1, n. ll.

   INSANITY, med. jur. A continued impetuositv of thought, which,
for the  time being,  totally unfitsga man for judging and acting
in relation  to  the  matter  in  question,  with  the  composure
requisite for  the maintenance  of the  social relations of life.
Various other  definitions of  this state  have been  given,  but
perhaps the  subject  is  not  susceptible  of  any  satisfactory
definition, which  shall, with,  precision, include  all cases of
insanity, and exclude all others. Ray, Med. Jur. §24, p. 50.

   2. It  may be  considered in  a threefold point of view:  1. A
chronic disease,  manifested by  deviations from  the healthy and
natural state of the mind, such deviations consisting in a morbid
perversion  of   the  feelings,   affections   and   habits.   2.
Disturbances of  the intellectual  faculties, under the influence
of which  the understanding becomes susceptible of hallucinations
or erroneous.  impressions of  a particular  kind. 3.  A state of
mental incoherence  or constant  hurry and  confusion of thought.
Cyclo. Practical  Medicine, h.  t.;  Brewster's Encyclopaedia, h.
t.;   Observations on the Deranged Manifestations of the Mind, or
Insanity, 71, 72;  Merl. R‚pert. mots Demenoe, Folie, Imbecilite;
6 Watts & Serg. 451.

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   3. The  diseases included under the name of insanity have been
arranged under  two divisions,  founded  on  two  very  different
conditions of the brain. Ray, Med. Jur. ch. 1, §33.

   4. -  1. The  want of,  or  a  defective  development  of  the
faculties. 1st.  Idiocy, resulting from, 1. Congenital defect. 2.
An obstacle  to the  development of the faculties, supervening in
infancy. 2d.  Imbecility, resulting  from, 1. Congenital defects.
2. An  obstacle to  the development of the faculties, supervening
in infancy.

   5. -  2. The  lesion of  the  faculties  subsequent  to  their
development. In  this division  may be classed, 1st. Mania, which
is, 1.  Intellectual, and is general or partial. 2. Affective and
is general or, partial. 2d. Dementia, which is, 1. Consecutive to
mania, or  injuries of  the brain.  2. Senile, or peculiar to old

   6. -  There is  also a  disease which has acquired the name of
Moral insanity. (q. v.)

   7.  Insanity is an excuse for the  commission of acts which in
others would  be crimes, because the insane man has no intention;
it deprives  a man  also from  entering into  any valid contract.
Vide Lunacy;   Non  compos mentis,  and Stock  on the  Law of Non
Compotes Mentis;   1  Hagg. Cons.  R. 417;   3 Addams, R. 90, 91,
180, 181;   3  Hagg. Eccl. R. 545, 598, 600;  2 Greenl. Ev. §369,
374;  Bouv. Inst. Index, h. t.

   INSCRIPTION, civil  law. An  engagerment which  a person,  who
makes a  solemn accusation  of a  crime against  another,  enters
into, that he will suffer the same punishment, if he has accused,
the other  falsely, which  would have been inflicted upon him had
he been guilty. Code, 9, 1, 10;  Id. 9, 2, 16 and 17.

  INSCRIPTION, evidence. Something written or engraved.

   2. Inscriptions  upon tombstones  and other  proper places, as
rings, and  the like,  are held to be evidence of pedigree. Bull.
N. P. 233 Cowp. 591;  10 East, R. 120 13 Ves. 145 Vin. Ab. Ev. T.
b. 87:  3 Stark. Ev. 116.

   INSCRIPTIONES. The  name given  by the  old English law to any
written instrument by which anything was granted. Blount.

   INSENSIBLE.  In  the  language  of  pleading,  that  which  is
unintelligible is said to be insensible. Stepb. Pl. 378.

  INSIDIATORES VIARUM. Persons who lie in wait, in order to commi
some felony or other misdemeanor.

   INSMUL. Together;   jointly. This word is used in composition;
as, insimulcomputassent;  non tenent insimul.

     INSIMUL  COMPUTASSENT,  practice,  actions.  They  accounted

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   2. When  an account has been stated, and a balance ascertained
between the parties, they are said to have computed together, and
the amouut  due may be recovered in an action of assumpsit, which
could not  have been  done, if  the defendant  had been  the mere
bailiff or  partner of  the plaintiff,  and  there  had  been  no
settlement made;  for in that case, the remedy would be an action
of account  render, or a bill in chancery. It is usual in actions
of  assumpsit,   to  add   a  count   commonly   called   insimul
computassent, or  an account stated. (q. v.) Lawes on Pl. in Ass.

   INSINUATION, civil  law. The  transcription of  an act  on the
public registers,  like  our  recording  of  deeds.  It  was  not
necessary in  any other  alienation, but that appropriated to the
purpose of  donation. Inst. 2, 7, 2;  Poth. Traite des Donations,
entre vifs, sect. 2, art. 3, §3;  Encyclopedie;  8 Toull. n. 198.

   INSOLVENCY.  The  state  or  condition  of  a  person  who  is
insolvent. (q. v.) .

   2. Insolvency may be simple or notorious. Simple insolvency is
the debtor's  inability to  pay his debts;  and is attended by no
legal badge  of notoriety,  or promulgation. Notorious insolvency
is that  which is  designated by  some public  act, by  which  it
becomes notorious  and irretrievable, as applying for the benefit
of the insolvent laws, and being discharged under the same.

   3. Insolvency  is a  term of more extensive signification than
bankruptcy, and  includes all  kinds of  inability to  pay a just
debt. 2 Bell's Commentaries, 162, 6th ed.

   INSOLVENT. This  word has  several meanings.  It  signifies  a
person whose estate is not sufficient to pay his debts. Civ. Code
of Louisiana,  art. 1980.. A person is also said to be insolvent,
who is  under a  present inability  to answer,  in  the  ordinary
course of  business, the  responsibility which  his creditors may
enforce, by  recourse to legal measures, without reference to his
estate proving  sufficient to  pay all his debts, when ultimately
wound up.  3 Dowl.  & Ryl.  Rep. 218;   1  M aule & Selw. 338;  1
Campb. it.  492, n.;   Sugd.  Vend. 487,  488. It  signifies  the
situation of  a person  who has done some notorious act to divest
himself of  all his  property, as  a general  assignment,  or  an
application for  relief, under  bankrupt  or  insolvent  laws.  1
Peters' R.  195;   2 Wheat. R. 396;  7 Toull. n. 45;  Domat, liv.
4, t. 5, n. 1 et 2;  2 Bell's Com. 162, 5th ed.

   2. When  an insolvent delivers or offers to deliver up all his
property for  the benefit  of his creditors, he is entitled to be
discharged under  the  laws  of  the,  several  states  from  all
liability to  be arrested.  Vide 2  Kent,  Com.  321  Ingrah.  on
Insolv. 9;  9 Mass. R. 431;  16 Mass. R. 53.

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   3. The  reader will  find the  provisions made by the national
legislature on this subject, by a reference to the following acts
of congress,  namely:   Act of  March 3,  1797, 1 Story, L. U. S.
465;  Act of March 2, 1799;  1 Story, L. S. 630;  Act of March 2,
1831, 4  Sharsw. Cont.  of Story,  L. U. S. 2236;  Act of June 7,
1834, 4  Sharsw. Cont.  of Story, L. U. S. 2358;  Act of March 2,
1837, 4 Sharsw. Cont. of Story, L. U. S. 2536. See Bankrupt.

  INSPECTION, comm. law. The examination of certain articles made
by law  subject to such examination, so that they may be declared
fit for  commerce. The  decision of  the inspectors is not final;
the object'  of the  law is  to protect the community from fraud,
and to preserve the character of the merchandise abroad. 8 Cowen,
R. 45.  See 1  John. 205;  13 John. R. 331;  2 Caines, R. 312;  3
Caines, R. 207.

   INSPECTION, practice.  Examination. 2.  The inspection  of all
public records  is free  to all  persons who  have an interest in
them, upon payment of the usual fees. 7 Mod. 129;  1 Str. 304;  2
Str. 260, 954, 1005. But it seems a mere stranger who has no such
interest, has no right, at common law. 8 T. R. 390. Vide Trial by

   INSPECTOR. The name given to certain officers whose duties are
to examine  and inspect things over which they have jurisdiction;
as, inspector  of bark  , one who is by law authorized to examine
bark for  exportation,  and  to  approve  or  disapprove  of  its
quality. Inspectors  of customs  are officers  appointed  by  the
general government:   as  to their  duties, see  Story's L. U. S.
vol. 1,  590, 605,  609, 610, 612, 619, 621, 623, 650;  ii. 1490,
1516;  iii. 1650, 1790.

     INSPEXIMUS.  We   have  seen.   A  word  sometimes  used  in
letters-patent, reciting  a grant,  inspeximus such former grant,
and so  reciting it  verbatim;    it  then  grants  such  further
privileges as are thought convenient. 5 Co. 54.

   INSTALLATION or INSTALMENT. The act by which an officer is put
in public possession of the place he is to fill. The president of
the United  States, or  a governor,  is installed into office, by
being sworn  agreeably to the requisition of the constitution and
laws. Vide Inavguration.

   INSTALMENT, contracts.  A part  of a debt due by contract, and
agreed to  be paid  at a  time different from that fixed for the,
payment of  the other  part. For  example, if I engage to pay you
one thousand  dollars, in  two payments, one on the first clay of
January, and  the other  on the  first day of July, each of these
payments or obligations to pay will be an instalment .

   2. In such case each instalment is a separate debt so far that
it may  be tendered  at any  time, or  the first  may be sued for
although the other shall not be due. Dane's Ab. vol. iii. ch. 93,
art. 3, s. 11, page 493, 4;  1 Esp. R. 129;  Id. 226;  3 Salk. 6,
18:  Esp. R. 235;  1 Maule & Selw. 706.

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 3.  A debtor who by failing to pay three instalments of rent due
on a  lease would  forfeit his  estate, may, in order to save it,
tender one  instalment to  prevent the forfeiture, although there
may be two due at the time, and he is not bound to tender both. 6
Toull. n. 688.

   INSTANCE, civil  and French  law. It signifies, generally, all
sorts of actions and judicial demands. Dig. 44, 7, 58.

   INSTANCE COURT,  Eng. law.  The English  court of admiralty is
divided into  two distinct tribunals;  the one having, generally,
all the  jurisdiction of the admiralty, except in prize cases, is
called the  instance court;   the  other, acting  under a special
commission, distinct from the usual commission given to judges of
the admiralty,  to enable  the judge in time of war to assume the
jurisdiction of prizes, and' called Prize court.

   2. In  the United  States, the  district courts  of the  U. S.
possess all the powers of courts of admiralty, whether considered
as instance  or prize  courts. 3 Dall. R. 6. Vide 1 Gall. R. 563;
Bro. Civ.  & Adm.  Law, ch.  4 &  5;  1 Kent, Com. 355, 378. Vide
Courts of the United States;  Prize Court.

   INSTANT. An indivisible space of time.

   2. Although  it cannot be actually divided, yet by intendmeent
of law,  it may  be applied to several purposes;  for example, he
who lays violent hands upon himself, commits no felony till he is
dead, and when he is dead he is not in being so as to be termed a
felon;   but he  is so  adjudged in law, eo instante, at the very
instant this  fact is  done. Vin.  Ab. Instant, A, pl. 2;  Plowd.
258;  Co. Litt. 18;  Show. 415.

   INSTANTER. Immediately;   presently.  This term,  it is  said,
means that  the act  to which  it applies,  shall be  done within
twenty-four hours  but a  doubt has been suggested by whom is the
account of  the hours  to be kept, and whether the term instanter
as applied  to the  subject-matter may not be more properly taken
to mean  "before, the rising of the court," when the act is to be
done in  court;   or, "before the shutting of the office the same
night," when  the act  is to  be done  there. 1 Taunt. R. 343;  6
East, R. 587, n. e;  Tidd's Pr. 3d ed. 508, n.;  3 Chit. Pr. 112.
Vide, 3 Burr. 1809;  Co. Litt. 157;  Styles' Register, 452.

  INSTAR. Likeness;  resemblance;  equivalent as, instar dentium,
like teeth;  instar omnium, equivalent to all.

   INSTIGATION. The  act by  which  one  incites  another  to  do
something, as  to injure  a third person, or to commit some crime
or misdemeanor,  to coramence  a suit or to prosecute a criminal.
Vide Accomplice.

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   INSTITOR, civ. law. A clerk in a store an agent.

   2. He  was so called because he watched over the business with
which he  was charged;   and  it is  immaterial  whether  he  was
employed in making a sale in a store, or whether charged with any
other business.  Institor appellatus  est  ex  eo,  quod  negotio
gerendo instet;   nec  multum facit  tabernae sit praepositus, an
cuilibet alii negotiationi. Dig. lib. 14, tit. 3, l. 3. Mr., Bell
says, that the charge given to a clerk to manage a store or shop,
is called  institorial power.  1 Bell's Com. 479, 6th ed.;  Ersk.
Inst. B. 3, t. 3, §46;  1 Stair's Inst. by Brodie, B. 1, tit. 11,
§§12, 18, 19;  Story on Ag. 8.

   INSTITUTE, Scotch law. The person first called in the tailzie;
the rest,  or the heirs of tailzie, are called substitutes. Ersk.
Pr. L. Scot. 3, 8, 8. See Tailzie, Heir of;  Substitutes.

  2. In the civil law, an inastitute is one who is appointed heir
by testament,  and is  required to  give the  estate  devised  to
another person, who is called the substitute.

  TO INSTITUTE. To name or to make an heir by testament. Dig. 28,
5, 65. To make an accusation;  to commence an action.

  INSTITUTES. The principles or first elements of jurisprudence.

   2. Many  books have  borne the  title of Institutes. Among the
most celebrated  in the  common law,  are the  Institutes of Lord
Coke, which,  however, on  account of the want of arrangement and
the diffusion  with which  his books are written, bear but little
the character  of  Institutes;    in  the,  civil  law  the  most
generally known are those of Caius, Justinian, and Theophilus.

   3. The Institutes of Caius are an abridgment of the Roman law,
composed by  the celebrated  lawyer Caius  or  Gaius,  who  lived
during th e reign of Marcus Aurelius.

  4. The Institutes of Justinian, so called, because they are, as
it were,  masters and  instructors to  the. ignorant, and show an
easy way  to the  obtaining of  the knowledge  of the law, are an
abridgment of  the Code  and of  the Digest, 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,
and particularly  to merchants. The lawyers employed to make this
book, were  Tribonian, Theophilus,  and Dorotheus.  The work  was
first published  in the  year 533,  and received  the sanction of
statute law, by order of the emperor. The Institutes of Justinian
are divided  into four  books:   each book  is divided  into  two
titles, and  each title  into parts.  The first  part  is  called
principium, because  it is  the commencement of the title;  those
which follow  are numbered and called paragraphs. The work treats
of the  rights of  persons, of  things, and of actions. The first
book treats  of persons;   the  second, third, and the first five
titles of  the fourth  book, of things;  and the remainder of the
fourth book,  of actions.  This work  has been  much  admired  on
account of  its order and Scientific arrangement, which presents,

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at a  single glance, the whole jurisprudence of the Romans. It is
too  little   known  and  studied.  The  late  Judge  Cooper,  of
Pennsylvania, published an edition with valuable notes.

   5. The  Institutes of  Theophilus are a paraphrase of those of
Justinian, composed  in Greek, by a lawyer of that name, by order
of the  emperor Phocas.  Vide  1  Kent,  Com.  538;    Profession
d'Avocat tom.  ii. n.  536, page  95;  Introd. a l'Etude du Droit
Romain, p.  124;   Dict. de  Jurisp. h. t.;  Merl. R‚pert. h. t.;
Encyclop‚die de d'Alembert, h. t.

   INSTITUTION, eccl.  law. The act by which the ordinary commits
the cure of souls to a person presented to a benefice.

  INSTITUTION, political law. That which has been established and
settled  by   law  for   the  public  good;    as,  the  American
institutions  guaranty   to  the   citizens  all  privileges  and
immunities essential to freedom.

   INSTITUTION, practice. The commencement of an action;  as, A B
has instituted  a suit  against C  D, to  recover damages  for  a

   INSTITUTION OF  HEIR, civil  law. The  act by which a testator
nominates one  or more  persons to succeed him in all his rights,
active and passive. Poth. Tr. des Donations Testamentaires, c. 2,
s. 1,  §1;  Civ. Code of Lo. art. 1598;  Dig. lib. 28, tit. 5, l.
1;  and lib. 28, tit. 6, l. 2, §4.

  INSTRUCTION, French law. This word signifies the meaus used and
formality employed  to prepare  a case for trial. it is generally
applied  to   criminal  cases,   and  is  then  called  criminal,
instruction;   it is  then defined the acts and proceedings which
tend to  prove positively  a crime or delict, in order to inflict
on the guilty person the punishment which he deserves.

   INSTRUCTIONS, com. law, Contracts. Orders given by a principal
to his agent in relation to the business of his agency.

   2. The agent is bound to obey the instructions he has received
and when  he neglects  so  to  do,  he  is  responsible  for  the
consequences, unless  he is  justified by  matter of necessity. 4
Binn. R. 361;  1 Liverm. Agency, 368.

   3. Instructions  differ materially  from authority, as regards
third persons. When a written authority is known to exist, or, by
the nature  of the transaction, it is presupposed, it is the duty
of persons  dealing with  an agent  to ascertain  the nature  and
extent of  his authority;   but  they are  not required  to  make
inquiry of  the agent  as to  any private  instructions from  his
principal, for the obvious reason that they may be presumed to be
secret and  of a  confidential nature,  and therefore  not to  be
communicated to third persons. 5 Bing. R. 442.

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   4. Instructions are given as applicable to the usual course of
things,  and   are  subject   to  two  qualifications  which  are
naturally, and  perhaps necessarily  implied in  every mercantile
agency. 1.  As instructions  are applicable  only to the ordinary
course of  affairs, the  agent will  be justified,  in  cases  of
extreme necessity  and unforeseen  emergency, in  deviating  from
them;   as, for  example, when  goods on  hand are perishable and
perishing, or when they are accidentally injured and must be sold
to prevent  further loss;   or  if they are in imminent danger of
being lost by the capture of the port where they are, they may be
transferred to another port. Story on Ag. §85, 118, 193;  3 Chit.
Com. Law,  218;   4  Binn.  361;    1  Liverm.  on  Ag.  368.  2.
Instructions must  be lawful;   if  they are  given to perform an
unlawful act,  the agent  is not  bound by  them. 4  Campb.  183;
Story on  Ag. §195.  But the  lawfulness of such instruction does
not relate  to the  laws of  foreign countries.  Story, Confl. of
Laws, §245;   1  Liverm. on  Ag. 15-19. As to the construction of
letters of  instruction, see 3 Wash. C. C. R. 151;  4 Wash. C. C.
R. 551;   1 Liv. on Ag. 403;  Story on Ag. §74;  2 Wash. C. C. R.
132;  2 Crompt. & J. 244;  1 Knapp,, R. 381.

   INSTRUCTIONS, practice.  The statements  of a cause of action,
given by  a client  to his attorney, and which, where such is the
practice, are  sent to  his pleader  to put  into legal form of a
declaration. Warr. Stud. 284.

   2.  Instructions  to  counsel  are  their  indemnity  for  any
aspersions they  may make  on the  opposite party;  but attorneys
who have  a just regard to their own reputation will be cautious,
even under  instructions, not to make any unnecessary attack upon
a party  or witness.  For such  unjustifiable conduct the counsel
will be held responsible. Eunom. Dial. 2, §43, p. 132. For a form
of instructions, see 3 Chit. Pr. 117, and 120 n.

     INSTRUMENT,  contracts.  The  writing  which  contains  some
agreement, and  is so  called because  it has  been prepared as a
memorial of  what has  taken  place  or  been  agreed  upon.  The
agreement and  the instrument  in which  it is contained are very
different things, the latter being only evidence of the existence
of the  former. The  instrument or  form of  the contract  may be
valid, but  the contract  itself may be void on account of fraud.
Vide Ayl. Parerg. 305;  Dunl. Ad. Pr. 220.

   INSTRUMENTA. This  word is  properly applied to designate that
kind of  evidence, which  consists of writings not under seal, as
court rolls, accounts, and the like. 3 Tho. Co. Litt. 487.

   INSULA, Latin. An island. In the Roman law the word is applied
to a  house not  connected with  other houses, but separated by a
surrounding space of ground. Calvini Lex;  Vicat, Vocab. ad voc.

  INSUFFICIENCY. What is not competent;  not enough.

   INSUPER, Eng.  law. The  balance due  by an  accountant in the

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exchequer, as  apparent by  his account. The auditors in settling
his account say there remains so much insuper to such accountant.

   INSURABLE INTEREST.  That right  of property  which may be the
subject of an insurance.

   2. The  policy of commerce, and the various complicated rights
which different  persons may have in the same thing, require that
not only  those who  have an absolute property in ships or goods,
but those  also who, have a qualified property in them, may be at
liberty to  insure them.  For example,  when a ship is mortgaged,
and the  mortgage has  become absolute,  the owner  of the  legal
estate has  an insurable  interest, and the mortgagor, on account
of his  equity, has  also an insurable interest. 1 Burr. 489. See
20 Pick. 259;  1 Pet. 163.

   INSURANCE, contracts.  It is  defined  to  be  a  contract  of
indemnity from  loss or damage arising upon an uncertain event. 1
Marsh. Ins.  104. It  is more  fully defined  to be a contract by
which one  of the  parties, called  the insurer, binds himself to
the other,  called the  insured, to  pay him  a sum  of money, or
otherwise indemnify  him in case of the happening of a fortuitous
event, provided  for in  a  general  or  special  manner  in  the
contract, in consideration of a premium which the latter pays, or
binds himself to pay him. Pardess. part 3, t. 8, n. 588;  1 Bouv.
Inst. n. 1174.

   2. The instrument by which the contract is made is denominated
a policy;   the  events or causes to be insured against, risks or
perils;    and  the  thing  insured,  the  subject  or  insurable

   3. Marine  insurance relates  to property  and risks  at  sea;
insurance of  property on  shore against  fire,  is  called  fire
insurance;   and the  various contracts  in such  cases, are fire
policies. Insurance  of  the  lives  of  individuals  are  called
insurances on lives. Vide Double Insurance;  Re-Insurance.

   INSURANCE AGAINST  FIRE. A  contract by  which the insurer, in
consequence of  a certain  premium received  by him,  either in a
gross sum  or by  annual *payments,  undertakes to  indemnify the
insured against  all loss  or damage  which he  may sustain  to a
certain amount, in his house or other buildings, stock, goods, or
merchandise, mentioned  in the  policy, by  fire, during the time
agreed upon.  2 Marsh.  Ins. B.  4, p.  784;  1 Stuart's L. C. R.
174;  Park. Ins. c. 23, p., 441.

   2. The  risks and  losses insured  against, are "all losses or
damage by  fire," during the time of the policy, to the houses or
things insured.

  3. - 1. There must be an actual fire or ignition to entitle the
insured to  recover;   it is not sufficient that there has been a
great and  injurious increase  of heat,  while nothing  has taken
fire, which ought not to be on fire. 4 Campb. R. 360.

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  4. - 2. The loss must be within the policy, that is, within the
time insured. 5 T. R. 695;  1 Bos. & P. 470;  6 East, R. 571.

   5. -  3. The insurers are liable not only for loss by burning,
but  for   all  damages  and  injuries,  and  reasonable  charges
attending the  removal of  articles though  never touched  by the
fire. 1 Bell's Com. 626, 7, 5th ed.

   6. Generally  there is  an exception in the policy, as to fire
occasioned "by  invasion, foreign  enemy,  or  any  military,  or
usurped power  whatsoever,"  and  in  some  there  is  a  further
exception  of   riot,  tumult,   or  civil   commotion.  For  the
Construction of these provisoes, see the articles Civil Commotion
and Usurped Power.

   INSURANCE, MARINE,  contracts. Marine  insurance is a contract
whereby one  party,  for  a  stipulated  premium,  undertakes  to
indemnify the other against certain perils or sea risks, to which
his ship,  freight, or  cargo, or  some of  them may  be exposed,
during a  certain voyage, or a fixed period of time. 3 Kent, Com.
203;  Boulay-Paty, Dr. Commercial, t. 10.

  2. This contract is usually reduced to writing;  the instrument
is called a policy of insurance. (q. v.)

   3. All  persons, whether  natives, citizens, or aliens, may be
insured, with the exception of alien enemies.

   4. The insurance may be of goods on a certain ship, or without
naming any, as upon goods on board any ship or ships. The subject
insured must be an insurable legal interest.

   5. The  contract requires the most perfect good faith;  if the
insured make  false representations  to the  insurer, in order to
procure his  insurance upon  better  terms,  it  will  avoid  the
contract, though the loss arose from a cause unconnected with the
misrepresentation, or  the concealment  happened through mistake,
neglect, or  accident, without  any  fraudulent  intention.  Vide
Kent, Com.  Lecture, 48;   Marsh. Ins. c. 4;  Pardessus, Dr. Com.
part 4, t. 5, n. 756, et seq.;  Boulay-Paty, Dr. Com. t. 10.

   INSURANCE ON  LIVES, contracts.  The insurance  of a life is a
contract whereby  the insurer,  in  consideration  of  a  certain
premium, either in a gross sum or periodical payments, undertakes
to pay  the person  for whose  benefit the  insurance is  made, a
stipulated sum,  or an annuity equivalent thereto, upon the death
of the  person whose life is insured, whenever this shall happen,
if the  insurance be  for the  whole life,  or in case this shall
happen within  a certain period if the insurance be for a limited
time. 2 Marsh. Ins. 766;  Park on Insurance, 429.

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   2. The  insured  is  required  to  make  a  representation  or
declaration, previous  to the policy being issued, 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, Ins. 650;  Marsh.
Ins. 771;  4 Taunt. R. 763.

   3. In  almost every  life policy there are several exceptions,
some of  them applicable  to all  cases, others  to the  case  of
insurance of  one's life. The exceptions are, 1. Death abroad, or
at sea.  2. Entering  into the  naval or military service without
the previous  consent of  the insurers.  3. Death  by suicide. 4.
Death by  duelling. 5.  Death by  the hand  of justice.  The last
three are  not understood to be excepted when the insurance is on
another's life. 1 Bell's Com. 631, 5th ed. See 1 Beck's Med. Jur.

  INSURED, contracts. The person who procures an insurance on his

   2. It  is the  duty of  the insured to pay the premium, and to
represent fully  and fairly all the circumstances relating to the
subject-matter  of   the  insurance,   which  may  influence  the
determination of  the underwriters  in undertaking  the risk,  or
estimating the  premium. A concealment of such facts amounts to a
fraud, which  avoids the contract. 1 Marsh. Ins. 464;  Park, Ins.
h. t.

   INSURER, contracts.  One who has obliged himself to insure the
safety of another's property, in consideration of a premium paid,
or secured  to be  paid, to  hi.m. It is his duty to pay any loss
which has  arisen on  the  property  insured.  Vide  Marsh.  Ins.
Index,.h. t.;   Park. Ins. Index, h. t. Phill. Ins. h. t.;  Wesk.
Ins. h. t.;  Pardess. Index, art. Assureur.

   INSURGENT. One who is concerned in an insurrection. He differs
from a  rebel in  this, that  rebel is always understood in a bad
sense, or  one who  unjustly opposes the constituted authorities;
insurgent  may   be  one   who  justly  opposes  the  tyranny  of
constituted authorities. The colonists who opposed the tyranny of
the English government were insurgents, not rebels.

   INSURRECTION. A rebellion of citizens or subjects of a country
against its government.

   2. The  Constitution of the United States, art. 1, s. 8. gives
power to  congress "  to provide for calling forth the militia to
execute the  laws of the Union, suppress insurrections, and repel

   3. By  the act  of Congress  of the  28th of February, 1795, 1
Story's L.  U. S.  389, it  is provided:   §1.  That whenever the
United States  shall be  invaded, or  be in  imminent  danger  of
invasion, from  any foreign  nation or  Indian tribe, it shall be
lawful for  the president of the United States to call forth such
number, of  the militia  of the state, or states, most convenient

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to the  place of  danger, or  scene of  action, as  he may  judge
necessary to  repel such  invasion, and  to issue his orders, for
that purpose,  to such  officer or  officers of the militia as be
shall think  proper. And in case of an insurrection in any state,
against the  government thereof,  it  shall  be  lawful  for  the
president of the United States, on application of the legislature
of such  state, or of the executive, (when the legislature cannot
be convened,)  to call  forth such  number of  the militia of any
other state  or states,  as may  be applied  for, as he may judge
sufficient to suppress such insurrection.

   4. -  §2 That, whenever the laws of the United States shall be
opposed, or  the execution  thereof obstructed,  in any state, by
combinations too powerful to be suppressed by the ordinary course
of judicial  proceedings, or by the powers vested in the marshals
by this  act, it  shall be lawful for the president of the United
States to  call forth  the militia of such state, or of any other
state  or   states,  as   may  be   necessary  to  suppress  such
combinations, and to cause the laws to be duly executed;  and the
use of  militia so  to be  called  forth  may  be  continued,  if
necessary,  until   the  expiration  of  thirty  days  after  the
commencement of the then next session of congress.

   5. -  3. That whenever it may be necessary, in the judgment of
the president,  to use  the military  force hereby directed to be
called forth,  the president  shall forthwith,  by  proclamation,
command such  insurgents to  disperse, and  retire  peaceably  to
their respective abodes, within a limited time.

  INTAKERS, Eng. law. The time given to receivers of goods stolen
in Scotland, who take them to England. 9 H. V. c. 27.

   INTEGER. Whole,  untouched. Res integra means a question which
is new and undecided. 2 Kent, Com. 177.

   INTENDED TO  BE RECORDED.  This phrase  is frequently  used in
conveyancing, in  deeds which  recite other  deeds which have not
been recorded.  In Pennsylvania,  it has  been construed  to be a
covenant, on  the part  of the grantor, to procure the deed to be
recorded in a reasonable time. 2 Rawle's Rep. 14.

   INTENDANT. One who has the charge, management, or direction of
some office, department, or public business.

  INTENDMENT OF LAW. The true meaning, the correct understanding,
or intention  of the law;  a presumption or inference made by the
courts. Co.  Litt. 78.  2. It  is an intendment of law that every
man is  innocent until proved guilty, vide Innocence;  that every
one will  act for  his own advantage, vide Assent;  Fin. Law, 10,
Max. 54;   that  every officer  acts in  his office with fidelity
that the  children of a married woman, born during the coverture,
are the  children of the hushand, vide Bastardy;  many things are
intended after  verdict, in  order to  support  a  judgment,  but
intendment cannot  supply the want of certainty in a charge in an

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indictment for  a crime.  5 Co.  1 21;  vide Com. Dig. Pleader, C
25, and  S 31;   Dane's  Ab. Index,  h. t.;   14 Vin. Ab. 449;  1
Halst. 132;  1 Harris. 133.

  INTENTION. A design, resolve, or determination of the mind.
 2.  Intention is  required  in  the  commission  of  crimes  and
injuries, in making contracts, and wills.

   3. -  1. Every  crime must  have necessarily  two  constituent
parts, namely, an act forbidden by law, and an intention. The act
is innocent  or guilty  just as there was or was not an intention
to commit  a crime;   for  example, a  man embarks  on board of a
ship, at  New York,  for the purpose of going to New Orleans;  if
he went  with an  intention to  perform  a  lawfull  act,  he  is
perfectly innocent;  but if his intention was to levy war against
the United  States, he is guilty of an overt act of treason. Cro.
Car. 332;   Fost.  202, 203;   Hale,  P. C.  116. The  same  rule
prevails  in  numerous  civil  cases;    in  actions  founded  on
malicious injuries,  for instance,  it is necessary to prove that
the act was accompanied, by a wrongful and malicious intention. 2
Stark. Ev.  739. 4.  The intention  is to  be proved,  or  it  is
inferred by  the law.  The existence  of the intention is usually
matter of  inference;  and proof of external and visible acts and
conduct serves to indicate, more or less forcibly, the particular
intention.  But,  in  some  cases,  the  inference  of  intention
necessarily  arises  from  the  facts.  Exteriora  acta  indicant
interiora animi  secreta. 8 Co. 146. It is a universal rule, that
a man  shall be  taken to  intend that which he does, or which is
the necessary  and immediate  consequence of  his act;  3 M. & S.
15;   Hale, P.  C. 229;   in cases of homicide, therefore, malice
will generally  be inferred  by the law. Vide Malice' and Jacob's
Intr. to the Civ. Law, Reg. 70;  Dig. 24, 18.

   5. But  a bare  intention to commit a crime, without any overt
act  towards   its  commission,   although  punishable  in  foro,
conscientiae, is  not a  crime or offence for which the party can
be indicted;   as,  for example, an intention to pass counterfeit
bank notes, knowing them to be counterfeit. 1 Car. Law Rep. 517.

   6. -  2. In  order to  make a  contract,  there  must,  be  an
intention to  make it  a person  non compos  mentis, who  has  no
contracting mind,  cannot, therefore,  enter into  any engagement
which requires  an intention;   for  to make  a contract  the law
requires a  fair, and  serious exercise of the reasoning faculty.
Vide Gift;  Occupancy.

   7. - 3. In wills and testaments, the intention of the testator
must be  gathered from  the whole instrument;  3 Ves. 105;  and a
codicil ought  to be  taken as  a part  of the will;  4 Ves. 610;
and when  such intention  is ascertained, it must prevail, unless
it be  in opposition  to some  unbending rule  of law. 6 Cruise's
Dig. 295;   Rand. on Perp. 121;  Cro. Jac. 415. " It is written,"
says Swinb.  p. 10, " that the will or meaning of the testator is
the queen  or empress  of the  testament;   because the will doth

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rule the testament, enlarge and restrain it, and in every respect
moderate and  direct the same, and is, indeed, the very efficient
cause. thereof.  The will, therefore, and meaning of the testator
ought, before all things, to be sought for diligently, and, being
found, ought  to be  observed faithfully."  6 Pet.  R. 68.  Vide,
generally, Bl.  Com. Index,  h. t.;   2  Stark. Ev.  h. t.;  A 1.
Pand. 95;   Dane's  Ab. Index  h. t.;   Rob.  Fr. Conv. 30. As to
intention in changing a residence, see article Inhabitant.

   INTER. Between,  among;    as,  inter  vivos,  between  living
persons;  inter alia, among others.

   INTER ALIA. Among other things;  as, "the said premises, which
inter alia, Titius granted to Caius."

   INTER ALIOS.  Between other  parties, who are strangers to the
proceeding in question.

   INTERCOMMONING, Eng.  law. Where the commons of two manors lie
together, and  the inhabitants, or those having a right of common
of both,  have time  out of mind depastured their cattle, without
any distinction, this is called intercommoning.

   INTER CANEM ET LUPUM. Literally, between the dog and the wolf.
Metaphorically, the  twilight;   because then  the dog  seeks his
rest, and the wolf his prey. 3 Inst. 63.

   INTER  PARTES.  This,  in  a  technical  sense,  signifies  an
agreement professing  in the  outset, and before any stipulations
are introduced,  to be made between such and such persons as, for
example, "  This Indenture,  made the  _____ day  of _____  1848,
between A  B of  the one  part, and C D of the other." It is true
that every  contract is  in one sense inter partes, because to be
valid there  must be  two parties  at least;   but  the technical
sense of  this expression is as above mentioned. Addis. on Contr.

   2. This  being  a  solemn  declaration,  the  effect  of  such
introduction. is  to make  all the covenants, comprised in a deed
to be  covenants between  the parties  and none  others;  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," the
words "with  E F"  are inoperative, unless they have been used to
denote for  whose benefit  the stipulation  may have  been  made,
being in  direct contradiction with what was previously declared,
and C D alone can sue for the non-payment;  it being a maxim that
where two  opposite intentions  are expressed  in a contract, the
first in  order shall  prevail. 8  Mod. 116;  1 Show. 58;  3 Lev.
138;   Carth. 76;   Roll.  R. 196;  7 M. & IV. 63;  But this rule
does not 'apply to simple contracts inter partes. 2 D . & R. 277;
3 D. & R. 273 Addis. on Contr. 244, 256.

   3. When  there are  more than  two sides  to a  contract inter
partes, for  example, a deed;  as when it is made between A B, of

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the first  part;   C D,  of the  second;   and E F, of the third,
there  is  no  objection  to  one  covenanting  with  another  in
exclusion of  the third.  See 5  Co. 182;  8 Taunt. 245;  4 Ad. &
Ell. N. S. 207;  Addis. on Contr. 267.

  INTER SE INTER SESE. Among themselves. Story on Part §405.

   INTER VIVOS.  Between living persons;  as, a gift inter vivos,
which is  a gift made by one living person to another;  see Gifts
inter vivos.  It is  a rule  that a  fee cannot  pass by grant or
transfer, inter  vivos, without appropriate words of inheritance.
2 Prest. on Est. 64.

  INTERCOURSE. Communication;  commerce;  connexion by reciprocal
dealings  between  persons  or  nations,  as  by  interchange  of
commodities, treaties, contracts, or letters.

   INTERCHANGEABLY. Formerly  when deeds of land were made, where
there Were  covenants to be performed on both sides, it was usual
to make  two deeds exactly similar to each other, and to exchange
them;  in the attesting clause, the words, In witness whereof the
parties have hereunto interchangeably set their hands," &c., were
constantly inserted, and the practice has continued, although the
deed is,  in most  cases, signed by the grantor only. 7 Penn. St.
Rep. 320.

   INTERDICT, civil  Among the  Romans it was an ordinance of the
praetor, which  forbade or  enjoined the  parties in a suit to do
something particularly  specified, until  it  should  be  decided
definitely  who  had  the  right  in  relation  to  it.  Like  an
injunction, the  interdict was merely personal in its effects and
it had  also another  similarity to  it, by  being  temporary  or
perpetual. Dig.  43, 1,  1, 3,  and 4.  See Story,  E  Jur.  865;
Halif. Civ.  Law, ch.  6 Vicat,  Vocab. h. v.;  Hein. Elem. Pand.
Ps. 6, §285. Vide Injunction.

   INTERDICT, OR  INTERDICTION, eccles.  law.  An  ecclesiastical
censure, by  which  divine  services  are  prohibited  either  to
particular persons or particular places. These tyrannical edicts,
issued by  ecclesiastical powers, have never been in force in the
United States.

  INTTERDICTED OF FIRE AND WATER. Formerly those persons who were
banished for  some crime,  were interdicted  of fire  and  water;
that is,  by the  judgment order  was given  that no  man  should
receive them into his house, but should deny them fire and water,
the two necessary elements of life.

   INTERDICTION, civil  law. A  legal  restraint  upon  a  person
incapable of  managing his  estate, because of mental incapacity,
from signing  any deed  or doing  any act  to his  own prejudice,
without the consent of his curator or interdictor.

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   2. Interdictions  are of two kinds, voluntary or judicial. 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.  The  latter,  or  judicial  interdiction,  is
imposed by a sentence of a competent tribunal, which disqualifies
the party  on account of imbecility, madness, or prodigality, and
deprives the  person interdicted  of  the  right  to  manage  his
affairs and receive the rents and profits of his estate.

   3. The  Civil Code of Louisiana makes the following provisions
on this  subject:  Art. 382. No person above the age of majority,
who is subject to an habitual state of madness or insanity, shall
be allowed  to take charge of his own person or to administer his
estate, although  such person shall, at times, appear to have the
possession of his reason.

   4. -  383. Every  relation has  a right  to petition  for  the
interdiction of  a relation;  and so has every hushand a right to
petition for  the interdiction of his wife, and every wife of her

   5.- 384.  If the  insane person  has no  relations and  is not
married,  or  if  his  relations  or  consort  do  not  act,  the
interdiction may  be solicited  by any stranger, or pronounced ex
officio by  the judge,  after having  heard the  counsel  of  the
person whose  interdiction is  prayed for,  whom it shall be the,
duty of  the judge  to name,  if one be not already named, by the

  385. Every interdiction shall be pronounced by the judge of the
parish  of   the  domicil  or  residence  of  the  person  to  be

   386. The  acts of madness, insanity or fury, must be proved to
the satisfaction  of  the  judge,  that  he  may  be  enabled  to
pronounce the interdiction, 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,   the  person  whose
interdiction is  petitioned for,  or  cause  such  person  to  be
examined by  pbysicians, or  other skilful  persons, in  order to
obtain their report upon oath on the real situation of him who is
stated to be of unsound mind.

   387. Pending  the issue  of the  petition for interdiction the
judge may, if he deems it proper, appoint for the preservation of
the movable,  and for  the administration of the immovable estate
of the defendant, an administrator pro tempore.

   388. Every  judgment, by  which an  interdiction is renounced,
shall be provisionally executed, notwithstanding the appeal.

   389. In  case of appeal, the appellate court may, if they deem
it necessary,  proceed to the hearing of new proofs, and question

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or cause  to be  questioned, as  above provided, the person whose
interdiction is  petitioned for,  in order to ascertain the state
of his mind.

  390. On every petition for interdiction, the cost shall be paid
out of  the estate  of the defendant, if he shall be interdicted,
and by  the petitioner,  if the interdiction prayed for shall not
be pronounced.

   391. Every  sentence of  interdiction shall be published three
times, in  at least two of the newspapers printed in New Orleans,
or made known by advertisements at the door of the court-house of
the parish  of the domicil of the person interdicted, both in the
French and  English languages;  and this duty is imposed upon him
who shall  be appointed  curator of  the person  interdicted, and
shall  be  performed  within  a  month  after  the  date  of  the
interdiction, under  the penalty  of  being  answerable  for  all
damages  to   such  persons   as  may,  through  ignorance,  have
contracted with the person interdicted.

   392. No petition for interdiction, if the same shall have once
been rejected,  shall be  acted upon  again,  unless  new  facts,
happening posterior to the sentence, shall be alleged.

   393. The  interdiction takes  place from the day of presenting
the petition for the same.

   394. All acts done by the person interdicted, from the date of
the filing  the petition  for interdiction until the day when the
same is pronounced, are null.

   395. No  act anterior  to the  petition for  the interdiction,
shall be  annulled except where it shall be proved that the cause
of such  interdiction notoriously  existed at  the time  when the
deeds, the validity of which is contested, were made, or that the
party who contracted with the lunatic or insane person, could not
have been  deceived as to the situation of his mind. Notoriously,
in this  article, meaus  that the insanity was generally known by
the persons who saw and conversed with the party.

   396. After the death of a person, the validity of acts done by
him cannot  be  contested  for  cause  of  insanity,  unless  his
interdiction was  pronounced or  petitioned for,  previous to the
death of  such person, except in cases in which mental alienation
manifested itself  within ten days previous to the decease, or in
which the proof of the want of reason results from the act itself
which is contested.

  397. Within a month, to reckon from the date of the judgment of
interdiction, if  there has  been no  appeal from the same, or if
there  has   been  an  appeal,  then  within  a  month  from  the
confirmative sentence,  it shall  be the duty of the judge of the
palish of  the doimcil or residence of the person interdicted, to
appoint a curator to his person and estate.

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   398. This  appointment is  made according to the same forms as
the appointment to the tutorship of minors. After the appointment
of the  curator to  the person  interdicted, the  duties  of  the
administrator, pro  tempore, if  he shall not have been appointed
curator, are  at an  end and  he shall  give an  account  of  his
administration to the curator.

   399. The married woman, who is interdicted, is of course under
the curatorship  of her  hushand. Nevertheless, it is the duty of
the hushand, in such case, to cause to be appointed by the judge,
a curator  ad litem;   who  may appear for the wife in every case
when she  may have  an interest  in opposition to the interest of
her hushand, or one of a nature to be pursued or defended jointly
with his.

   400. The wife may be appointed curatrix to her hushand, if she
has, in  other respects, the necessary qualifications. She is not
bound to give security.

   401. No  one, except the hushand, with respect to his wife, or
wife with  respect to her hushand, the relations in the ascending
line with  respect to  the relations  in the descending line, and
vice versa,  the relations in the descending line with respect to
the relations  in the  ascending line, can be compelled to act as
curator to  a person interdicted more than ten years, after which
time the curator may petition for his discharge.

   402. The  person interdicted  is, in  every respect,  like the
minor who  has not  arrived at  the age  of puberty,  both as  it
respects his  person and  estate;   and the  rules respecting the
guardianship of the minor, concerning the oath, the inventory and
the security,  the mode  of administering the sale of the estate,
the commission  on the  revenues, the  excuses, the  exclusion or
deprivation of  the guardianship, mode of rendering the accounts,
and the  other obligations,  apply with  respect  to  the  person

   403. When  any of the children of the person interdicted is to
be married,  the dowry  or advance  of money to be drawn from his
estate is  to be  regulated by  the judge,  with the  advice of a
family meeting.

   404. According to the symptons of the disease, under which the
person interdicted  labors, and  according to  the amount  of his
estate, the  judge may  order  that  the  interdicted  person  he
attended  in   his  own   house,  or  that  he  be  placed  in  a
bettering-house, or  indeed, if  he  be  so  deranged  as  to  be
dangerous, he may order him to be confined in safe custody.

   405. The income of the person interdicted shall be employed in
mitigating his  sufferings, and  in accelerating  his cure, under
the penalty  against the  curator of  being removed  in  case  of

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   406. He  who petitions for the interdiction of any person, and
fails in  obtaining such  interdiction, may be prosecuted for and
sentenced to  pay damages, if he shall have acted from motives of
interest or passion.

   407. Interdiction  ends with  the cause which gave rise to it.
Nevertheless, the  person interdicted  cannot resume the exercise
of his  rights, until  after the  definite judgment  by  which  a
repeal of the interdiction is pronounced.

   408. Interdiction  can only be revoked by the same solemnities
which were observed in pronouncing it.

   6. -  409. Not  only lunatics  and idiots  are  liable  to  be
interdicted, but  likewise all  persons  who,  owing  to  certain
infirmities, are  incapable of  taking care  of their persons and
administering their estates.

    7.  Such persons shall be placed under the care of a curator,
who shall  be appointed  and shall  administer in conformity with
the rules contained in the present chapter.

   8. -  410. The  person interdicted  cannot be taken out of the
state without  a judicial order, given on the recommendation of a
a family  meeting, and  on the opinion delivered under oath of at
least two  physicians, that  they believe the departure necessary
to the health of the person interdicted .

     9.  -   411.  There  shall  be  appointed  by  the  judge  a
superintendent to  the person  interdicted whose duty it shall be
to inform  the judge, at least once in three months, of the state
of the  health of  the person  interdicted, and  of the manner in
which he is treated.

   10. To  this end, the superintendent shall have free access to
the person interdicted, whenever he wishes to see him.

   11. -  412. It  is the  duty of  the judge to visit the person
interdicted, whenever, from the information he receives, he shall
deem it expedient.

   12. This  visit shall be made at times when the curator is not

  13. - 413. Interdiction is not allowed on account of profligacy
or prodigality.  Vide Ray's  Med. Jur.  chap. 25;   1 Hagg. Eccl.
Rep. 401;  Committee;  Habitual Drunkard.

  INTERESSE TERMINI, estates. An interest in the term. The demise
of a  term in  land does  not vest  any estate in the lessee, but
gives him  a mere  right of  entry on  the land,  which right  is
called his  interest in  the term, or interesse termini. Vide Co.
Litt. 46;   2  Bl. Com. 144;  10 Vin. Ab. 348;  Dane's Ab. Index,
h. t.;  Watk. Prin. Com. 15.

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  INTEREST, estates. The right which a man has in a chattel real,
and more  particularly in  a future  term. It  is a  word of less
efficacy and extent than estates, though, in legal understanding,
an interest extends to estates, rights and titles which a man has
in or  out of  lands, so that by a grant of his whole interest in
land, a reversion as well as the fee simple shall pass. Co. Litt.

  INTEREST, contracts. The right of property which a man has in a
thing, commonly called insurable interest. It is not easy to give
all accurate  definition of  insurable interest.  1 Burr. 480;  1
Pet. R. 163;  12 Wend. 507 16 Wend. 385;  16 Pick. 397;  13 Mass.
61, 96;  3 Day, 108;  1 Wash. C. C. Rep. 409.

   2. The  policy of commerce and the various complicated. rights
which different  persons may have in the same thing, require that
not only  those who have an absolute property in ships and goods,
but those  also who  have a qualified property therein, may be at
liberty to  insure them.  For example,  when a ship is mortgaged,
after, the  mortgage becomes  absolute, the  owner of  the  legal
estate has  an insurable  interest, and the mortgagor, on account
of his  equity, has  also an  insurable interest.  2 T.  R. 188 1
Burr. 489;   13  Mass. 96;   10  Pick. 40  and see  1 T.  R. 745;
Marsh. Ins. h. t.;  6 Meeson & Welshy, 224.

   3. A  man may  not only insure his own life for the benefit of
his heirs  or creditors, and assign the benefit of this insurance
to others  having thus  or otherwise an interest in his life, but
be may  insure the life of another in which he may be interested.
Marsh. Ins.  Index, h.  t.;   Park, Ins.  Index, h. t.;  1 Bell's
Com. 629, 5th ed.;  9 East, R. 72. Vide Insurance.

   INTEREST, evidence.  The benefit  which a  person has  in  the
matter about  to be  decided and  which is  in issue  between the
parties. By the term benefit is here understood some pecuniary or
other advantage,  which if  obtained, would increase the, witness
estate, or some loss, which would decrease it.

  2. It is a general rule that a party who has an interest in the
cause cannot  be a  witness. It  will be  proper to consider this
matter by taking a brief view of the thing or subject in dispute,
which is  the object  of the interest;  the quantity of interest;
the quality  of interest;   when  an interested  witness  can  be
examined;   when the  interest must  exist;   how  an  interested
witness can be rendered competent.

   3. -  1. To  be disqualified  on the  ground of  interest, the
witness must  gain or  lose by  the event  of the  cause, or  the
verdict must  be lawful  evidence for  or against  him in another
suit, or  the record  must be  an instrument  of evidence  for or
against him. 3 John. Cas. 83;  1 Phil. Ev. 36;  Stark. Ev. pt. 4,
p. 744.  But an  interest in the question does not disqualify the
witness. 1 Caines, 171;  4 John. 302;  5 John. 255;  1 Serg. & R.
82, 36;  6 Binn. 266;  1 H. & M. 165, 168.

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  4. - 2. The magnitude of the interest is altogether immaterial,
even a  liability for the most trifling costs will be sufficient.
5 T. R. 174;  2 Vern. 317;  2 Greenl. 194;  11 John. 57.

  5. - 3. With regard to the quality, the interest must be legal,
as contradistinguished  from mere prejudice or bias, arising from
relationship, friendship, or any of the numerous motives by which
a witness  may be  supposed to  be influenced. Leach, 154;  2 St.
Tr. 334,  891;   2 Hawk.  ch. 46,  s. 25.  It must  be a present,
certain, vested  interest,  and  not  uncertain  and  contingent.
Dougl. 134;   2  P. Wms.  287;   3 S.  & R.  132;  4 Binn. 83;  2
Yeates, 200;   5  John. 256;   7  Mass. 25. And it must have been
acquired without fraud. 3 Camp. 380;  l M. & S. 9;  1 T. R. 37.

   6. -  4. To  the general  rule that interest renders a witness
incompetent, there  are  some  exceptions.  First.  Although  the
witness may  have an  interest, yet  if his  interest is  equally
strong on  the other side, and no more, the witness is reduced to
a state  of neutrality  by an  equipoise  of  interest,  and  the
objection to his testimony ceases. 7 T. R. 480, 481, n.;  1 Bibb,
R. 298;  2 Mass. R. 108;  2 S. & R. 119;  6 Penn. St. Rep. 322.

   7. Secondly. In some instances the law admits the testimony of
one interested,  from the  extreme necessity  of the  case;  upon
this ground  the servant  of a tradesman is admitted to prove the
delivery of  goods and  the payment of money, without any release
from the master. 4 T. R. 490;  2 Litt. R. 27.

   8. - 5. The interest, to render the witness disqualified, must
exist at the time of his examination. A deposition made at a time
when the  witness had  no interest,  may  be  read  in  evidence,
although he has afterwards acquired an interest. 1 Hoff. R. 21.

  9. - 6. The objection to incompetency on the ground of interest
may be  removed by an extinguishment of that interest by means of
a release,  executed either by the witness, when he would receive
an advantage  by his testimony, or by those who have a claim upon
him when  his testimony  would be  evidence of his liability. The
objection may  also be  removed by  payment. Stark. Ev. pt. 4, p.
757. See  Benth. Rationale  of Jud. Ev. 628-692, where he combats
the established  doctrines of the law, as to the exclusion on the
ground of interest;  and Balance.

   INTEREST FOR  MONEY, contracts. The compensation which is paid
by the  borrower to  the lender or the debtor to the creditor for
its use.

  2. It is proposed to consider, 1. Who is bound to pay interest.
2. Who is entitled to receive it. 3. On what claim it is allowed.
4. What  interest is  allowed. 5.  How it is computed. 6. When it
will be barred. 7. Rate of interest in the different states.

         Bouvier's Law Dictionary : I1 : Page 97 of 129

   3. §1. Who is bound to pay interest 1. The contractor himself,
who has  agreed, either  expressly  or  by  implication,  to  pay
interest, is of course bound to do so.

  4. - 2. Executors, administrators, assignees of bankrupts or of
insolvents, and  trustees, who  have kept  money an  unreasonable
length of  time,  and  have  made  or  who  might  have  made  it
productive, are  chargeable with  interest. 2 Ves. 85;  1 Bro. C.
C. 359;   Id. 375;  2 Ch. Co. 235;  Chan. Rep. 389;  1 Vern. 197;
2 Vern.  548;   3 Bro. C. C. 73;  Id. 433;  4 Ves. 620;  1 Johns.
Ch. R. 508;  Id. 527, 535, 6;  Id. 620;  1 Desaus. Ch. R. 193, n;
Id. 208;   1  Wash. 2;  1 Binn. R. 194;  3 Munf. 198, Pl. 3:  Id.
289, pl.  16;   1 Serg.  & Rawle, 241, 4 Desaus. Ch. Rep. 463;  5
Munf. 223,  pl. 7, 8;  1 Ves. jr. 236;  Id. 452;  Id. 89;  1 Atk.
90;   see 1  Supp. to  Ves. jr. 30;  11 Ves. 61;  15 Ves. 470;  1
Ball & Beat. 230;  1 Supp. to Ves. jr. 127, n. 3;  1 Jac. & Wall.
140;  3 Meriv. 43;  2 Bro. C.C. 156:  5 Ves. 839;  7 Ves. 152;  1
Jac. &  Walk. 122;   1 Pick. 530;  13 Mass. R. 232;  3 Call, 538;
4 Hen.  & Munf.  415;  2 Esp. N. P. C. 702;  2 Atk. 106;  2 Dall.
182;  4 Serg. & Rawle, 116;  1 Dall. 349;  3 Binn. 121. As to the
distinction between executors and trustees, see Mr. Coxes note to
Fellows v.  Mitchell, 1  P. Wms. 241;  1 Eden, 857, and the cases
there collected.

   5. -  3. Tenant  for life must pay interest on encumbrances on
the estate.  4  Ves.  33;    1  Vern.  404,  n.  by  Raithby.  In
Pennsylvania the  heir at  law is  not bound to pay interest on a
mortgage given by his ancestor.

  6. - 4. In Massachusetts a bank is liable, independently of the
statute of  1809, c.  87, to  pay interest on their bills, if not
paid when presented for payment. 8 Mass. 445.

  7. - 5. Revenue officers must pay interest to the United States
from the time of receiving the money. 6 Binney's Rep. 266.

   8. -  §1 Who  are entitled  to receive interest. 1. The lender
upon an express or implied contract.

   9. -  2. An  executor was not allowed interest in a case where
money due  to his testatrix was out at interest, and before money
came to his hands, he advanced his own in payment of debts of the
testatrix.  Vin. Ab. tit. Interest, C. pl. 13.

   10. In Massachusetts a trustee of property placed in his hands
for security, who was obliged to advance money to protect it, was
allowed interest at the compound rate. 16 Mass. 228.

   11. - §3. On what claims allowed. First. On express contracts.
Secondly. On implied contracts. And, thirdly. On legacies.

   12. First.  On express contracts. 1. When the debtor expressly
undertakes to  pay interest,  he or  his personal representatives

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having assets  are bound  to pay  it. But if a party has accepted
the principal,  it has  been determined  that he  cannot  recover
interest in  a separate  action. 1  Esp. N.  P. C. 110;  3 Johns.
220. See  1 Camp.  50;   1 Dall. 315;  Stark. Ev. pt. iv. 787;  1
Hare & Wall. Sel. Dec. 345.

   13. Secondly.  On implied contracts. 1. On money lent, or laid
out for another's use. Bunb. 119;  2 Bl. Rep. 761;  S. C. 3 Wils.
205;  2 Burr. 1077;  5 Bro. Parl. Ca 71;  1 Ves. jr. 63;  1 Dall.
349;  1 Binn. 488;  2 Call, 102;  2 Hen. & Munf. 381;  1 Hayw. 4;
3 Caines'  Rep. 226,  234, 238,  245;   see 3 Johns. Cas. 303;  9
Johns. 71;  3 Caines' Rep. 266;  1 Conn. Rep. 32;  7 Mass. 14;  1
Dall. 849;   6 Binn. R. 163;  Stark. Ev. pt. iv. 789, n. (y), and
(z);  11 Mass. 504;  1 Hare & Wall. Sel. Dec. 346.

   14. -  2. For goods sold and delivered, after the customary or
stipulated term of credit has expired. Doug. 376;  2 B. & P. 337;
4 Dall. 289;  2 Dall. 193;  6 Binn. 162;  1 Dall. 265, 349.

   15. -  3. On  bills and  notes. If  payable at  a  future  day
certain, after  due;  if payable on demand, after. a demand made.
Bunb. 119;   6  Mod. 138;  1 Str. 649;  2 Ld. Raym. 733;  2 Burr.
1081;   5 Ves.  jr. 133;  15 Serg. & R. 264. Where the terms of a
promissory note are, that it shall be payable by instalments, and
on the  failure of  any instalment,  the whole  is to become due,
interest on  the whole  becomes payable from the first default. 4
Esp. 147.  Where, by  the terms  of a bond, or a promissory note,
interest is  to be  paid annually, and the principal at a distant
day, the interest may be recovered before the principal is due. 1
Binn. 165;  2 Mass. 568;  3 Mass. 221.
 16. - 4. On an account stated, or other liquidated sum, whenever
the debtor  knows precisely  what he is to pay, and when he is to
pay it. 2 Black. Rep. 761;  S. C. Wils. 205;  2 Ves. 365;  8 Bro.
Parl. C. 561;  2 Burr. 1085;  5 Esp. N. P. C. 114;  2 Com. Contr.
207;   Treat. Eq. lib. 5, c. 1, s. 4;  2 Fonb. 438;  1 Hayw. 173;
2 Cox, 219;  1 V. & B. 345;  1 Supp. to Ves. jr. 194;  Stark. Ev.
pt. iv.  789, n.  (a). But  interest is  not due for unliquidated
damages, or  on a  running account where the items are all on one
side, unless  otherwise agreed  upon. 1 Dall. 265;  4 Cowen, 496;
6 Cowen,  193;  5 Verm. 177;  2 Wend. 501;  1 Spears, 209;  Rice,
21;  2 Blackf. 313;  1 Bibb, 443.

   17. -  5. On the arrears of an annuity secured by a specially.
14 Vin. Ab. 458, pl. 8;  3 Atk. 579;  9 Watts, R. 530.

   18. -  6. On a deposit by a purchaser, which he is entitled to
recover back, paid either to a principal, or an auctioneer. Sugd.
Vend. 327.;   3 Campb. 258;  5 Taunt. 625. Sed vide 4 Taunt. 334,

   19. -  7. On  purchase money,  which has  lain dead, where the
vendor cannot make a title. Sugd. Vend. 327.

   20. -  8. On  purchase money remaining in purchaser's hands to
pay off encumbrances. 1 Sch. & Lef 134. See 1 Wash. 125;  5 Munf.
342;  6 Binn. 435.

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   21. - 9. On judgment debts. 14 Vin. Abr. 458, pl. 15;  4 Dall.
251;  2 Ves. 162;  5 Binn. R. 61;  Id. 220;  1 Harr. & John. 754;
3 Wend.  496;   4 Metc.  317;   1 Hare  & Wall. Sel. Dec. 350. In
Massachusetts  the  principal  of  a  judgment  is  recovered  by
execution;   for the interest the plaintiff must bring an action.
14 Mass. 239.

   22. -  10. On  judgments affirmed  in a  higher court. 2 Burr.
1097;   2 Str.  931;   4 Burr. 2128;  Dougl. 752, n. 3;  2 H. Bl.
267;  Id. 284;  2 Camp. 428, n.;  3 Taunt. 503;  4 Taunt. 30.

   23. -  11. On  money obtained  by fraud,  or where it has been
wrongfully detained. 9 Mass. 504;  1 Camp. 129;  3 Cowen, 426.

   24. -  12. On  money paid  by mistake,  or recovered on a void
execution. 1 Pick. 212;  9 Berg. & Rawle, 409

  25. - 13. Rent in arrear due by covenant bears interest, unless
under special circumstances, which may be recovered in action;  1
Yeates, 72;  6 Binn. 159;  4 Yeates, 264;  but no distress can be
made for such interest. 2 Binn. 246. Interest cannot, however, be
recovered for  arrears of  rent payable.  in wheat. 1 Johns. 276.
See 2  Call, 249;   Id. 253;  3 Hen. & Munf. 463;  4 Hen. & Munf.
470;  5 Munf. 21.

   26. -  14. Where,  from the  course  of  dealing  between  the
parties, a  promise to pay interest is implied. 1 Campb. 50;  Id.
52 3 Bro. C. C. 436;  Kirby, 207.

   27. Thirdly, Of interest on legacies. 1. On specific legacies.
Interest on  specific legacies  is to be calculated from the date
of the  death of  testator. 2  Ves. sen. 563;  6 Ves. 345 5 Binn.
475;  3 Munf. 10.

   28. -  2. A  general legacy,  when the  time of payment is not
named by  the testator,  is not  payable till the end of one year
after testator's  death, at  which time the interest commences to
run. 1  Ves. jr.  366;   1 Sch. & Lef. 10;  5 Binn. 475;  13 Ves.
333;   1 Ves.  308 3 Ves. & Bea. 183. But where only the interest
is given, no payment will be due till the end of the second year,
when the interest will begin to run. 7 Ves. 89.

   29. -  3. Where  a general  legacy is  given, and  the time of
payment is  named by the testator, interest is not allowed before
the  arrival  of  the  appointed  period  of  payment,  and  that
notwithstanding the  legacies are vested. Prec. in Chan. 837. But
when that  period arrives, the legatee will be entitled, although
the legacy  be charged upon a dry reversion. 2 Atk. 108. See also
Daniel's Rep. in Exch. 84;  3 Atk. 101;  3 Ves. 10;  4 Ves. 1;  4
Bro. C.  C. 149,  n.;   S. C. 1 Cox, l33. Where a legacy is given
payable at  a future  day with  interest, and  the  legatee  dies

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before it  becomes payable, the arrears of the interest up to the
time of  his death  must be paid to his personal representatives.
McClel. Exch.  Rep. 141.  And a  bequest of  a  sum  to  be  paid
annually for  life bears  interest from  the death of testator. 5
Binn. 475.

   30. -  4. Where the legatee is a child of the testator, or one
towards whom  he has  placed himself in loco parentis, the legacy
bears  interest   from  the   testator's  death,  whether  it  be
particular or  residuary;   vested, but payable It a future time,
or contingent, if the child have no maintenance. In that case the
court will  do what, in common presumption, the father would have
done, provide  necessaries for  the child.  2 P. Wms. 31;  3 Ves.
287;  Id. 13;  Bac. 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

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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

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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

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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

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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.

   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.

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   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.

   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. Stat. c. 35, s. 1.

   71. Michigan.  Seven per centum is the legal rate of interest;
but on  stipulation in writing, interest is allowed to any amount
not exceeding  ten per  cent. on loans of money, but only on such
loans. Rev. St. 160, 161.

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   72. Mississippi. The legal interest is six per centum;  but on
all bonds,  notes, or  contracts in writing, signed by the debtor
for the  bona fide  loan of money, expressing therein the rate of
interest fairly  agreed on  between the  parties for  the use  of
money so  loaned, eight  per cent.  interest is  allowed. Laws of

   73. Missouri. When no contract is made as to interest, six per
centum per annum is allowed. But the parties may agree to pay any
higher rate, not exceeding ten per cent. Rev. Code, §1, p. 383.

   74. New  Hampshire. No person shall take interest for the loan
of money,  wares, or  merchandise, or  any other  personal estate
whatsoever, above  the  value  of  six  pounds  for  the  use  or
forbearance of one hundred pounds for a year, and after that rate
for a greater or lesser sum, or for a longer or shorter time. Act
of February  12, 1791,  s. 1.  Provided, that nothing in this act
shall extend  to the letting of cattle, or other usages of a like
nature, in practice among farmers, or to maritime contracts among
merchants as  bottomry, insurance, or course of exchange, as hath
been heretofore used. Id. s. 2.

   75. New  Jersey. Six  per centum  per annum  is  the  interest
allowed by  law for  the loan  of money,  without any  exception.
Statute of December 5, 1823, Harr. Comp. 45.

   76. New York. The rate is fixed at seven per centum per annum.
Rev. Stat.  part 2,  c. 4,  t. 3,  s.  1.  Moneyed  institutions,
subject to the safety-fund act, are entitled to receive the legal
interest established,  or which  may thereafter be established by
the laws  of this  state, on all loans made by them, or notes, or
bills, by  them severally  discounted or received in the ordinary
course of business;  but on all notes or bills by them discounted
or received  in the  ordinary course  of business, which shall be
matured in  sixty-three days  from the time of such discount, the
said moneyed  corporations shall not take or receive more than at
the rate  of six per centum per annum in advance. 2 Rev. Stat. p.

   77. North  Carolina. Six  per centum per annum is the interest
allowed by law. The banks are allowed to take the interest off at
the time of making a discount.

   78. Ohio.  The  legal  rate  of  interest  on  all  contracts,
judgments or  decrees in  chancery, is six per centum. per annum,
and no  more. 29  Ohio Stat.  451;   Swan's Coll.  Laws,  465.  A
contract to pay a higher rate is good for principal and interest,
and void  for the excess. Banks are bound to pay twelve per cent.
interest on  all  their  notes  during  a  suspension  of  specie
payment. 37 Acts 30, Act of February 25, 183,9, Swan's Coll. 129.

   79. Pennsylvania.  Interest is  allowed at the rate of six per
centum  per  annum  for  the  loan  or  use  of  money  or  other

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commodities. Act of March 2, 1723. And lawful interest is allowed
on judgments. Act of 1700, 1 Smith's L. of Penn. 12. See 6 Watts,
53;  12 S. & R. 47;  13 S. & R. 221;  4 Whart. 221;  6 Binn. 435;
1 Dall.  378;  1 Dall. 407;  2 Dall. 92;  1 S. & R. 176;  1 Binn.
488;  2 Pet. 538;  8 Wheat. 355.

   80. Rhode  Island. Six  per centum  is allowed for interest on
loans of money. 3 Griff. Law Reg. 116.

   81. South  Carolina. Seven  per centum  per annum,  or at that
rate, is  allowed for  interest. 4  Cooper's Stat.  of S. C. 364.
When more  is reserved,  the amount  lent  and  interest  may  be
recovered. 6 Id. 409.

   82. Tennessee.  The interest  allowed by law is six per centum
per annum.  When more  is charged  it is not recoverable, but the
principal and  legal interest  may be  recovered. Act of 1835, c.
50, Car. & Nich. Comp. 406, 407.

  83. Vermont. Six per centum per annum is the legal interest. If
more be  charged and  paid, it may be recovered back in an action
of assumpsit.  But these provisions do not extend "to the letting
of cattle  and other,  usages of  a like nature among farmers, or
maritime contracts,  bottomry or  course of exchange, as has been
customary." Rev. St. c. 72, ss. 3, 4, 5.

  84. Virginia. Interest is allowed at the rate of six per centum
per annum. Act of Nov. 22 1796, 1 Rev. Code. ch. 209. Vide 1 Hare
& Wall. Sel. Dec. 344, 373.

   INTEREST, MARITIME.  By maritime  interest is  understood  the
profit of  money lent  on  bottomry  or  respondentia,  which  is
allowed to be greater than simple interest because the capital of
the lender is put in jeopardy. There is no limit by law as to the
amount which  may be  charged for  maritime interest. It is fixed
generally by the agreement of the parties.

   2. The  French writers  employ a  variety of terms in order to
distinguish if  according to the nature of the case. They call it
interest, when  it is  stipulated to  be paid by the month, or at
other stated  periods. It is a premium, when a gross sum is to be
paid at the end of the voyage, and here the risk is the principal
object they  have in  view. When  the sum is a per centage on the
money lent, they call it exchange, considering it in the light of
money lent  at one  place to  be  returned  in  another,  with  a
difference in  amount between  the sum borrowed and that which is
paid, arising  from the  difference of  time and place. When they
intend  to   combine  these   various  shades  into  one  general
denomination, they  make use  of the  term  maritime  profit,  to
convey their meaning. Hall on Mar. Loans, 56, n.

   INTERIM. In the mean time;  in the meanwhile. For example, one
appointed between the time that a person is made bankrupt, to act
in the  place  of  the  assignee  until  the  assignee  shall  be
appointed, is an assignee ad interim. 2 Bell's Com. 355.

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  INTERLINEATION, contracts, evidence. Writing between two lines.

   2.  Interlineations  are  made  either  before  or  after  the
execution of  an instrument.  Those made  before should  be noted
previously to its execution;  those made after are made either by
the party in whose favor they are, or by strangers.

   3. When  made by the party himself, whether the interlineation
be material  or immaterial,  they render  the deed void;  1 Gall.
Rep. 71;   unless  made with  the consent  of the opposite party.
Vide 11  Co. 27 a:  9 Mass. Rep. 307;  15 Johns. R. 293;  1 Dall.
R. 57;   1 Halst. R. 215;  but see 1 Pet. C. C. R. 364;  5 Har. &
John;   41;  2 L. R. 290;  2 Ch. R. 410;  4 Bing. R. 123;  Fitzg.
207, 223;  Cov. on Conv. Ev. 22;  2 Barr. 191.

   4. When  the interlineation  is made  by a  stranger, if it be
immaterial, it  will not  vitiate the  instrument, but  if it  be
material, it will in general avoid it. Vide Cruise, Dig. tit. 32,
c. 26, s. 8;  Com. Dig. Fait, F 1.

   5. The  ancient rule,  which is still said to be in force, is,
that an alteration shall be presumed to have been made before the
execution of  the instrument.  Vin. Ab.  Evidence, Q,  a 2;   Id.
Faits, U;   1 Swift's Syst. 310;  6 Wheat. R. 481;  1 Halst. 215.
But other  cases hold  the presumption  to  be  that  a  material
interlineation was  made after  the execution  of an  instrument,
unless  the  contrary  be  proved.  1  Dall.  67.  This  doctrine
corresponds nearly  with the  rules of  the  canon  law  on  this
subject. The  canonists have examined it with care. Vide 18 Pick.
R. 172;   Toull.  Dr. Civ.  Fr. liv.  3, t.  3, c. 4, n. 115, and
article Erasure.

   INTERLOCUTORY. 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, which however is not a final
decision of the matter in issue;  as, interlocutory judgments, or
decrees or orders. Vide Judgment, interlocutory.

   INTERLOPERS. Persons  who interrupt  the trade of a company of
merchants, by  pursuing the  same business  with them in the same
place, without lawful authority.

   INTERNATIONAL. That  which  pertains  to  intercourse  between
nations.  International   law  is   that  which   regulates   the
intercourse between, or the relative rights of nations.

   INTERNUNCIO. A  minister of  a second  order, charged with the
affairs of  the court  of Rome,  where that  court has  no nuncio
under that title.

   INTERRELATION, civil  law. The act by which, in consequence of
an agreement,  the party bound declares that he will not be bound
beyond a certain time. Wolff, Inst. Nat. §752.

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   2. In the case of a lease from year to year, or to continue as
long as both parties please, a notice given by one of them to the
other of  a determination  to put  an end  to the contract, would
bear the name of interpelation.

   INTERPLEADER, practice. Interpleaders may be had at law and in

   2. An  interpleader at  law a  proceeding  in  the  action  of
detinue, by  which the  defendant states  the fact that the thing
sued for  is in  his hands,  and that  it is  claimed by  a third
person, and that whether such person or the plaintiff is entitled
to it,  is unknown  to the defendant, and thereupon the defendant
prays, that a process of garnishment may be issued to compel such
third person,  so claiming,  to become  defendant in his stead. 3
Reeves, Hist.  of the  Eng. Law,  ch. 23;   Mitford,  Eq. Pl.  by
Jeremy, 141;   Story,  Eq. Jur.  §§800, 801, 802. Interpleader is
allowed  to  avoid  inconvenience;    for  two  parties  claiming
adversely to  each other,  cannot be  entitled to the same thing.
Bro. Abr.  Interpleader, 4.  Hence the  rule which  requires  the
defendant to allege that different parties demand the same thing.
Id. pl. 22.

  3. If two persons sue the same person in detinue for the thing,
and both  action;   are depending  in the  same court at the same
time, the defendant may plead that fact, produce the thing (e. g.
a deed  or charter in court, and aver his readiness to deliver it
to either  as the  court shall  adjudge;  and thereupon pray that
they may  interplead. In such a case it has been settled that the
plaintiff whose  writ bears  the earliest  teste has the right to
begin the  interpleading, and  the other  will  be  compelled  to
answer. Bro. Abr. Interpl. 2.

     4.  In  equity,  interpleaders  are  common.  Vide  Bill  of
Interpleader, and  8 Vin.  Ab. 419;   Doct.  Pl. 247;  3 Bl. Com.
448;  Com. Dig. Chancery, 3 T;  2 Story, Eq. Jur. §800.
 INTERPRETATION.  The explication  of a  law, agreement, will, or
other instrument, which appears obscure or ambiguous.

   2. The  object of interpretation is to find out or collect the
intention of  the maker  of the  instrument, either  from his own
words, or from other conjectures, or both. It may then be divided
into three  sorts, according  to the different means it makes use
of for obtaining its end.

   3. These  three sorts  of interpretations  are either literal,
rational, or  mixed. When  we collect the intention of the writer
from his  words only,  as they  lie before  us, this is a literal
interpretation. When  his words  do  not  express  his  intention
perfectly, but  either exceed it, or fall short of it, so that we
are to  collect it  from probable  or rational  conjectures only,
this is  rational interpretation  and when his words, though they

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do  express  his  intention,  when  rightly  understood,  are  in
themselves. of  doubtful meaning,  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;  it is partly literal,
and partly rational.

   4. According  to  the  civilians  there  are  three  sorts  of
interpretations, the authentic, the usual, and the doctrinal.

   5. -  1. The  authentic interpretation is that which refers to
the legislator himself, in order to fix the sense of the law.

   6. - 2. When the judge interprets the law so as to accord with
prior decisions, the interpretation is called usual.

   7. -  3. It is doctrinal when it is made agreeably to rules of
science. The Commentaries of learned lawyers in this case furnish
the greatest  assistance. This  last kind  of  interpretation  is
itself  divided   into,   three   distinct   classes.   Doctrinal
interpretation is extensive, restrictive, or declaratory. 1st. It
is extensive  whenever the  reason of the law has a more enlarged
sense than  its terms,  and it  is consequently applied to a case
which had  not  been  explained.  2d.  On  the  contrary,  it  is
restrictive when  the expressions  of  the  law  have  a  greater
latitude  than   its   reasons,   so   that   by   a   restricted
interpretation, an exception is made in a case which the law does
not seem to have embraced. 3d. When the reason of the law and the
terms in which it is conceived agree, and it is only necessary to
explain them  to have  the sense  complete, the interpretation is
declaratory. 8.  The  term  interpretation  is  used  by  foreign
jurists  in   nearly  the   same  sense  that  we  use  the  word
construction. (q. v.)

  9. Pothier, in his excellent treatise on Obligations, lays down
the following rules for the interpretation of contracts:

   10. - 1. We ought to examine what was the common, intention of
the contracting  parties rather than the grammatical sense of the

   11. -  2. When  a clause  is capable of two significations, it
should be  understood in  that which  will  have  some  operation
rather than, that in which it will have none.

   12. -  3. Where  the terms  of a  contract are  capable of two
significations, we ought to understand them in the sense which is
most agreeable to the nature of the contract.

   13. - 4. Any thing, which may appear ambiguous in the terms of
a contract,  may be explained by the common use of those terms in
the country where it is made.

  14. - 5. Usage is of so much authority in the interpretation of
agreements,  that   a  contract  is  understood  to  contain  the
customary  clauses   although  they   are  not   expressed;    in
contractibus tacite veniunt ea quae sunt moris et consuetudinis.

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   15. -  6. We  ought to  interpret one  clause  by  the  others
contained in the same act, whether they precede or follow it.

   16. -  7. In  case of  doubt, a clause ought to be interpreted
against the  person who  stipulates anything, and in discharge of
the person who contracts the obligation.

  17. - 8. However general the terms may be in which an agreement
is conceived,  it only comprises those things respecting which it
appears that  the contracting  parties proposed  to coutract, and
not others which they never thought of.

   18. -  9. When  the object  of the  agreement  is  to  include
universally everything  of a  given nature,  (une universalite de
choses) the  general description  will  comprise  all  particular
articles, although  they may  not have  been in the knowledge, of
the parties.  We may  state, as  an  example  of  this  rule,  an
engagement which  I make  with you  to  abandon  my  share  in  a
succession for  a certain sum. This agreement includes everything
which makes  part of  the succession,  whether known or not;  our
intention was to contract for the whole. Therefore it is decided,
that I  cannot object  to  the  agreement,  under  pretence  that
considerable property  has been found to belong to the succession
of which we had not any knowledge.

   19. - 10. When a case is expressed in a contract on account of
any doubt  which there  may be  whether the  engagement resulting
from the contract would. extend to such case, the parties are not
thereby understood  to restrain  the extent  which the engagement
has of right, in respect to all cases not expressed.

   20. -  11. In  contracts as  well as  in testaments,  a clause
conceived in  the  plural  may  be  frequently  distributed  into
several particular classes.

   21. - 12. That which is at the end of a phrase commonly refers
to the  whole phrase,  and not  only to  that  which  immediately
precedes it,  provided it  agrees in  gender and  number with the
whole phrase.

   22. For instance, if in the contract for sale of a farm, it is
said to  be sold  with all the corn, small grain, fruits and wine
that have  been got this year, the terms, that have been got this
year, refer  to the  whole phrase,  and not to the wine only, and
consequently the old corn is not less excepted than the old wine;
it would  be otherwise if it had been said, all the wine that has
been got  this year,  for the  expression is in the singular, and
only refers  to the  wine and not to the rest of the phrase, with
which it  does not  agree in number. Vide 1 Bouv. Inst. n. 86, et

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   INTERPRETER. One employed to make a translation. (q v.)

   2. An  interpreter should  be sworn  before he  translates the
testimony of a witness. 4 Mass. 81;  5 Mass. 219;  2 Caines' Rep.

   3. A  person employed between an attorney and client to act as
interpreter, is  considered merely as the organ between them, and
is not  bound to  testify as  to what  be has  acquired in  those
confidential communications.  1 Pet.  C. C.  R.. 356;  4 Munf. R.
273;  1 Wend. R. 337. Vide Confidential Communications.

   INTERREGNUM, polit.  law. In  an established  government,  the
period which  elapses between  the death  of a  sovereign and the
election of  another is called interregnum. It is also understood
for the  vacancy created  in the  executive power,  and  for  any
vacancy which occurs when there is no government.

   INTERROGATOIRE, French  law.  An  act,  or  instrument,  which
contains the  interrogatories made  by the  judge to  the  person
accused, on the facts which are the object of the accasation, and
the answers  of the  accused. Poth. Proc. Crim. s. 4, art. 2, §1.
Vide Information.

   INTERROGATORIES. Material and pertinent questions, in writing,
to necessary points, not confessed, exhibited for the examination
of witnesses or persons who are to give testimony in the cause.

   2. They are either original and direct on the part, of him who
produces the  witnesses, or  cross and  counter, on behalf of the
adverse party,  to examine  witnesses produced on the other side.
Either party,  plaintiff or  defendant, may  exhibit original  or
cross interrogatories.

   3. The form which interrogatories assume, is as various as the
minds of  the persons  who  propound  them.  They  should  be  as
distinct as possible, and capable of a definite answer;  and they
should leave  no loop-holes  for evasion to an unwilling witness.
Care must  be observed  to put  no leading  questions in original
interrogatories, for these always lead to inconvenience;  and for
scandal or  impertinence,  interrogatories  will,  under  certain
Circumstances, be  suppressed.  Vide  Will.  on  Interrogatories,
passim;   Gresl. Ea.  Ev pt.  1, c.  3, s.  1;   Vin. Ab.  h. t.;
Hind's Pr. 317;  4 Bouv. Inst. n. 4419, et seq.

   INTERRUPTION. The  effect of  some act  or circumstance  which
stops the course of a prescription or act of limitation's.

   2. Interruption  of the  use of  a thing  is natural or civil.
Natural interruption  is an  interruption in  fact,  which  takes
place whenever  by some  act we  cease truly  to possess  what we
formerly possessed. Vide 4 Mason's Rep. 404;  2 Y. & Jarv. 285. A
right  is   not  interrupted   by:    mere  trespassers,  if  the
trespasser's were  unknown;   but if  they were  known,  and  the

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trespasses  frequent,  and  no  legal  proceeding  instituted  in
consequence of  them, they  then become legitimae interruptiones,
of  which   Bracton  speaks,   and  are  converted  into  adverse
assertions  of   right,  and  if  not  promptly  and  effectually
litigated, they  defeat the  claim of rightful prescription;  and
mere threats of action for the trespasses, without following them
up, will  have no effect to preserve the right. Knapp, R. 70, 71;
3 Bar. & Ad. 863;  2 Saund. 175, n. e;  1 Camp. 260;  4 Camp. 16;
5 Taunt. 125 11 East, 376.

   3. Civil  interruption is  that  which  takes  place  by  some
judicial act,  as the commencement of a suit to recover the thing
in dispute,  which gives  notice to  the possessor that the thing
which he  possesses does  not belong  to him.  When the title has
once been  gained  by  prescription,  it  will  not  be  lost  by
interruption of  it for  ten or  twenty years.  1 Inst.  113 b. A
simple acknowledgment  of a  debt by  the debtor, is a sufficient
interruption  to   prevent  the  statute  from  running.  Indeed,
whenever an  agreement, express  or implied,  takes place between
the creditor and the debtor, between the possessor and the owner,
which admits  the indebtedness  or the  right  to  the  thing  in
dispute, it is considered a civil conventional interruption which
prevents the  statute or  the right of prescription from running.
Vide 3 Burge on the Confl. of Lalys, 63.

  INTERVAL. A space of time between two periods. When a person is
unable to  perform an  act at  any two  given periods, but in the
interval he  has performed such act, as when a man is found to be
insane in  the months  of January and March, and he enters into a
contract or makes a will in the interval, in February, he will be
presumed to have been insane at that time;  and the onus will lie
to show his sanity, on the person who affirms such act. See Lucid

  INTERVENTION, civil law. The act by which a third party becomes
a party in a suit pending between other persons.

   2. The  intervention is  made  either  to  be  joined  to  the
plaintiff, and  to claim  the same  thing he  does, or some other
thing connected  with it  or, to join the defendant, and with him
to oppose the claim of the plaintiff, which it-is his interest to
defeat. Poth.  Proced. Civ.  lere part.  ch. 2,  s. 6, §3. In the
English ecclesiastical  courts, the same term is used in the same

   3. When  a third person, not originally a party to the suit or
proceeding, but  claiming an  interest in  the subject-matter  in
dispute, may,  in order  the better  to  protect  such  interest,
interpose his  claim, which  proceeding is termed intervention. 2
Chit. Pr.  492;  3 Chit. Com. Law, 633;  2 Hagg. Cons. R. 137;  3
Phillim. R. 586;  1 Addams, R. 5;  Ought. tit. 14;  4 Hagg. Eccl.
R. 67  Dual. Ad.  Pr. 74. The intervener may come in at any stage
of the  cause, and  even after  judgment, if  an  appeal  can  be
allowed on  such judgment. 2 Hagg. Cons. R. 137:  1 Eng. feel. R.
480;  2 E.g. Eccl. R. 13.

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  INTESTACY. The state or condition of dying without a will.

  INTESTABLE. One who cannot law fully make a testament.

   2. An  infant, an  insane person,  or one civilly dead, cannot
make a  will, for  want of  capacity or understanding;  a married
woman cannot  make such  a will  without some  special authority,
because she  is under  the power  of her  hushand. They  are  all

   INTESTATE. One  who, having  lawful power  to make a will, has
made none, or one which is defective in form. In that case, he is
said to  die intestate,  and his  estate descends  to his heir at
law. See Testate.

   2. This term comes from the Latin intestatus. Formerly, it was
used in  France  indiscriminately  with  de-confess;    that  is,
without confession. It was regarded as a crime, on account of the
omission of  the deceased person to give something to the church,
and was  punished by  privation of  burial in consecrated ground.
This omission,  according to  Fournel, Hist. des Avocats, vol. 1,
p. 116,  could be  repaired by  making an ampliative testament in
the name of the deceased. See Vely, tom. 6, page 145;  Henrion De
Pansey, Authorite  Judiciare, 129 and note. Also, 3 Mod. Rep. 59,
60, for the Law of Intestacy in England.

   INTIMATION, civil law. The name of any judicial act by which a
notice of  a legal  proceeding. is  given to some one;  but it is
more usually  understood to  mean the  notice or summons which an
appellant causes  to be  given to  the opposite  party, that  the
sentence will be reviewed by the superior judge.

   2. In  the Scotch  law, it  is an instrument, of writing, made
under the  hand of  a notary,  and notified to a party, to inform
him of  a right  which a third person had acquired;  for example,
when a  creditor assigns a claim against his debtor, the assignee
or cedent  must give  an intimation  of this  to the debtor, who,
till then,  is  justified  in  making  payment  to  the  original
creditor. Kames' Eq. B. 1, p. 1, s. 1.

   1NTRODUCTION. That  part of  a writing  in which  are detailed
those facts  which elucidate  the subject.  In chancery pleading,
the introduction  is that part of a bill which contains the names
and description  of the persons exhibiting the bill. In this part
of the bill are also given the places of abode, title, or office,
or business,  and the  character in  which they  sue, if it is in
autre droit,  and such  other description  as is required to show
the jurisdiction of the court. 4 Bouv. Inst. n. 4156.

   INTROMISSION Scotch  law. The  assuming possession of property
belonging to  another, either  on legal  grounds, or  without any
authority;     in  the   latter  case,   it  is   called  vicious
intromission. Bell's S. L. Dict. h. t.

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   INTRONISATION, French  eccl. law. The installation of a hishop
in his episcopal see. Clef des Lois Row. h. t. Andre.

   INTRUDER. One who, on the death of the ancestor, enters on the
land, unlawfully, before the heir can enter.

   INTRUSION, estates,  torts. When an ancestor dies seised of an
estate of inheritance expectant upon an estate for life, and then
the tenant dies, and between his death and the entry of the heir,
a stranger  unlawfully enters  upon the estate, this is called an
intrusion. It  differs from  an abatement,  for the  latter is an
entry into  lands void  by the  death of  a tenant in fee, and an
intrusion, as  already stated,  is an entry into land void by the
death of  a tenant  for years. F. N. B. 203 3 Bl. Com. 169 Archb.
Civ. Pl. 12;  Dane's Ab. Index, h. t.

   INTRUSION, remedies.  The name of a writ, brought by the owner
of a fee simple, &c., against an intruder. New Nat. Br. 453.

  INUNDATION. The overflow of waters by coming out of their bed.

   2. Inundations  may arise  from three  causes;    from  public
necessity, as  in defence  of a  place it may be necessary to dam
the current  of a  stream, which  will cause an inundation to the
upper lands;   they  may be occasioned by an invincible force, as
by the  accidental fall  of a  rock in  the stream;   or they may
result from  the erections  of works  on the stream. In the first
case, the injury caused by the inundation is to be compensated as
other injuries done in war;  in the second, as there was no fault
of any  one, the  loss is to be borne by the unfortunate owner of
the estate;   in  the last,  when  the  riparian.  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,
the person injured may recover damages for the injury thus caused
to his  property by  the innundation.  9 Co. 59;  4 Day's R. 244;
17 Serg.  & Rawle,  383;   3 Mason's  R. 172;  7 Pick. R. 198;  7
Cowen, R. 266;  1 B. & Ald. 258;  1 Rawle's R. 218;  5 N. H. Rep.
232;   9 Mass.  R. 316;  4 Mason's R. 400;  1 Sim. & Stu. 203;  1
Come's R. 460. Vide Schult. Aq. R. 122;  Ang. W. C. 101;  5 Ohio,
R. 322, 421;  and art. Dam.

  TO INURE. To take effect;  as, the pardon inures.

   INVALID. In  a physical  sense, it  is that  which is  wanting
force;   in a  figurative sense,  it signifies  that which has no

  INVASION. The entry of a country by a public enemy, making war.

   2. The  Constitution of the United States, art. 1, s. 8, gives
power to  congress "to provide for calling the militia to execute
the  laws   of  the  Union,  suppress  insurrections,  and  repel
invasions." Vide Insurrection.

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   INVENTION. A  contrivance;   a discovery.  It is in this sense
this word  is used  in the  patent laws  of the United States. 17
Pet. 228;   S.  C. 1  How. U.  S. 202. It signifies not something
which  has  been  found  ready  made,  but  something  which,  in
consequence of  art or  accident,  has  been  formed;    for  the
invention must  relate  ot  some  new  or  useful  art,  machine,
manufacture, or  composition of  matter, not before known or used
by others. Act of July 4, 1836, 4 Sharsw. continuation of Story's
L. U.S. 2506;  1 Mason, R. 302;  4 Wash. C. C. R. 9. Vide Patent.
By invention, the civilians understand the finding of some things
which had  not been  lost;   they must  either have abandoned, or
they must have never belonged to any one, as a pearl found on the
sea shore. Lec. Elem § 350.

  INVENTIONES. This word is used in some ancient English charters
to signify treasure-trove.

  INVENTOR. One who invents or finds out something.

   2. The  patent laws of the United States authorize a patent to
be issued  to  the  original  inventor;    if  the  invention  is
suggested by  another, he  is not the inventor within the meaning
of those  laws;   but in  that case the suggestion must be of the
specific  process   or  machine;     for  a  general  theoretical
suggestion, as  that steam  might be applied to the navigation of
the air  or water,  without pointing out by what specific process
or machine  that could  be accomplished,  would  not  be  such  a
suggestion as to deprive the person to whom it had been made from
being considered  as the inventor. Dav. Pat. Cas. 429;  1 C. & P.
558;   1 Russ.  & M.  187;   4 Taunt. 770;  B ut see 1 M. G. & S.
551;  3 Man. Gr. & Sc. 97.

   3. The  applicant for  a patent  must be  both the  first  and
original inventor. 4 Law Report. 342.

   INVENTORY.  A  list,  schedule,  or  enumeration  in  writing,
containing, article  by article,  the goods  and chattels, rights
and credits,  and, in  some cases,  the lands and tenements, of a
person or  persons. In  its most common acceptation, an inventory
is a  conservatory act,  which is made to ascertain the situation
of an  intestate's estate,  the estate  of an  insolvent, and the
like, for the purpose of securing it to those entitled to it.

   2. When the inventory is made of goods and estates assigned or
conveyed in trust, it must include all the property conveyed.

  3. In case of intestate estates, it is required to contain only
the personal  property, or  that to  which the  administrator  is
entitled. The  claims due  to the  estate ought  to be separated;
those which  are desperate  or had  ought to  be so returned. The
articles ought  to be  set down separately, as already mentioned,
and separately valued.

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   4. The inventory is to be made in the presence of at least two
of the  creditors of  the deceased,  or legatees  or next of kin,
and, in  their default  and absence,  of two  honest persons. The
appraisers must  sign it,  and make  oath or affirmation that the
appraisement is  just to  the  best  of  their  knowledge.  Vide,
generally, 14  Vin. Ab.  465;   Bac. Ab. Executors, &c., E 11;  4
Com. Dig. 14;  Ayliffe's Pand. 414;  Ayliffe's Parerg. 305;  Com.
Dig. Administration, B 7;  3 Burr. 1922;  2 Addams' Rep. 319;  S.
C. 2  Eccles. R.  322;  Lovel. on Wills;  38;  2 Bl. Com. 514;  8
Serg. &  Rawle, 128;   Godolph.  150, and the article Benefit  of

  TO INVEST, contracts. To lay out money in such a manner that it
may bring  a revenue;   as,  to invest money in houses or stocks;
to give possession.

   2. This  word, which occurs frequently in the canon law, comes
from the Latin word investire, which signifies to clothe or adorn
and is  used, in  that system of jurisprudence, synonymously with
enfeoff. Both words signify to put one into the possession of, or
to invest  with a  fief, upon  his taking  the oath  of fealty or
fidelity to the prince or superior lord.

   INVESTITURE, estates. 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;  this, the foreign
feudists and sometimes 'our own law writers call investiture, but
generally speaking,  it is  termed by the common law writers, the
seisin of  the fee.  2 Bl.  Com. 209, 313;  Feame on Rem. 223, n.

   2. By  the canon  law investiture  was  made  per  baculum  et
annulum, by  the ring and crosier, which were regarded as symbols
of the  episcopal jurisdiction.  Ecclesiastical and secular fiefs
were governed by the same rule in this respect that previously to
investiture, neither  a hishop,  abbey or  lay  lord  could  take
possession  of   a  fief.   conferred  upon  them  previously  to
investiture by the prince.

   3. Pope  Gregory VI. first disputed the right of sovereigns to
give investiture  of ecclesiastical  fiefs, A.  D. 1045, but Pope
Gregory VII.  carried. on the dispute with much more vigor, A. D.
1073. He  excommunicated the  emperor, Henry IV. The Popes Victor
III., Urban  II.  and  Paul  II.,  continued  the  contest.  This
dispute, it  is said,  cost Christendom  sixty-three battles, and
the lives of many millions of men. De Pradt.

  INVIOLABILITY. That which is not to be violated. The persons of
ambassadors are inviolable. See Ambassador.

  INVITO DOMINO, crim. law. Without the consent of the owner.

   2. In order to constitute larceny, the property stolen must be

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taken invito  domino;   this is  the very  essence of  the crime.
Cases of  considerable difficulty  arise when  the owner has, for
the purpose  of detecting  thieves, by  himself  or  his  agents,
delivered the property taken, as to whether they are larcenies or
not;   the distinction  seems to  be this,  that when  the  owner
procures the property to be taken it is not larceny;  and when he
merely leaves  it in  the power  of the  defendant to execute his
original purpose  of taking  it, in  the latter  case it  will be
considered as  taken invito  domino. 2  Bailey's Rep. 569;  Fost.
123;   2 Russ. on Cr. 66, 105;  2 Leach, 913;  2 East, P. C. 666;
Bac. Ab.  Felony, C.;   Alis.  Prin. 273;  2 Bos. & Pull. 508;  1
Carr. & Marsh. 217;  article, Taking.
 INVOICE,  commerce. An  account of  goods or merchandise sent by
merchants to their correspondents at home or abroad, in which the
marks of  each package,  with other  particulars, are  set forth.
Marsh. Ins.  408;   Dane's Ab.  Index, h.  t. An invoice ought to
contain a  detailed statement,  which should indicate the nature,
quantity, quality, and price of the things sold, deposited, &c. 1
Pardess. Dr. Com. n. 248. Vide Bill of Lading;  and 2 Wash. C. C.
R. 113;  Id. 155.

   INVOICE BOOK,  commerce, accounts.  One in  which invoices are

  INVOLUNTARY. An involuntary act is that which is performed with
constraint, (q. v.) or with repugnance, or without the will to do
it. An  action is  involuntary then,  which  is  performed  under
duress. Wolff, §5. Vide Duress.

  IOWA. The name of one of the new states of the United States of

   2. This  state was  admitted into  the Union  by  the  act  of
congress, approved the 3d day of March, 1845.

  3. The powers of the government are divided into three separate
departments, the  legislative, the executive, and judicial and no
person charged  with the  exercise of power properly belonging to
one  of   these  departments,   shall   exercise   any   function
appertaining to  either of  the others,  except in cases provided
for in the constitution.

   4. - I. The legislative authority of this state is vested in a
senate and  house of  representatives ,  which are designated the
general assembly of the state of Iowa.

  5. - §1. Of the senate. This will be considered with reference,
1. To  the qualifications  of the electors. 2. The qualifications
of the members. 3. The length of time for which they are elected.
4. The time of their election. 5. The number of senators.

   6. - 1. Every white. male citizen of the United States, of the
age of  twenty-one years,  who shall  have been a resident of the
state six  months next preceding the election, and the county, in

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which he  claims his  vote twenty days, shall be entitled to vote
at all  elections which are how or hereafter may be authorized by
law. But  with this  exception, that  no person  in the military,
naval,  or   marine  service  of  the  United  States,  shall  be
considered a  resident of  this state,  by being stationed in any
garrison, barrack, military or naval place or station within this
state. And  no idiot or insane person, or person convicted of any
infamous crime, shall be entitled to the privilege of an elector.
Art. 3.

   7. -  2. Senators  must be  twenty-five years  of age, be free
white  male   citizens  of  the  United  States,  and  have  been
inhabitants of  the state  or territory  one, year next preceding
their election;   and,  at the  time of  their elections  have an
actual residence  of thirty  days in  the county or district they
may be chosen to represent. Art. 4, s. 5.

   8. -  3. The  senators are elected for four years. They are so
classed that one-half are renewed every two years. Art. 4, s. 5.

  9.-4. They are chosen every second year, on the first Monday in
August. Art. 4, B. 3.

   10. -  5. The number of senators;  is not less than one-third,
nor more than one-half the representative body. Art. 4, s. 6.

   11.- §2.  Of  the  house  of  representatives.  This  will  be
considered in  the same order which has been observed with regard
to the senate.

   12. -  1. The  electors qualified  to vote  for  senators  are
electors of members of the house of representatives.

   13. -  2. No  person  shall  be  a  member  of  the  house  of
representatives who shall not have attained the age of twenty-one
years;   be a  free male  white citizen of the United States, and
have been  an inhabitant  of the state or territory one year next
preceding his  election;  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. Art. 4, s. 4.

   14. -  3. Members  of the house of representatives are chosen,
for two years. Art. 4, s. 3.

   15.-4. They  are elected  at the  same time  that senators are

  16.-5. The number of representatives is not limited.

   17. The  two houses  have respectively  the following power's.
Each house  has power  - To choose its own officers, and judge of
the qualification  of its  members. To sit upon its adjournments;
keep a  journal of  its proceedings and publish the same;  punish
members for  disorderly  behaviour,  and,  with  the  consent  of

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two-thirds, expel  a member  but not  a second  time for the same
offence;   and shall  have all other power necessary for a branch
of the general assembly of a free and independent state.

   18. The house of representatives has the power of impeachment,
and the senate is a court for the trial of persons impeached.

   19. -  II. The  supreme executive  power is  vested in a chief
magistrate, who is called the governor of the state of Iowa. Art.
5, s. 1.

  20. The governor shall be elected by the qualified electors, at
the time and place of voting for members of the general assembly,
and hold  his  office  for  four  years  from  the  time  of  his
installation, and  until his  successor shall  be duly qualified.
Art. 5, s. 2.

   21. No person shall be eligible to the office of governor, who
is not  a citizen  of the  United States, a resident of the state
two years  next preceding  his election,  and attained the age of
thirty-five years  at the  time of holding said election. Art. 5,
s. 3.

   22. Various powers are conferred on the governor among others,
he shall  be commander-in-chief of the militia, army, and navy of
the state;   transact executive business with the officers of the
government;   see that  the laws  are faithfully  executed;  fill
vacancies by  granting  temporary  commissions  on  extraordinary
occasions  convene   the  general   assembly   by   proclamation;
communicate by message with the general assembly at every session
adjourn the two houses when they cannot agree upon the time of an
adjournment;   may  grant  reprieves  and  pardons,  and  commute
punishments after  conviction, except  in  cases  of  impeachment
shall be  keeper of the great seal;  and sign all commissions. He
is also invested with the veto power.

   23. When  there is  a vacancy in the office of governor, or in
case of  his impeachment,  the duties of his office shall devolve
on the  secretary of  state;  on his default, on the president of
the senate and if the president cannot act, on the speaker of the
house of representatives.

   24. -  III. The  judicial power  shall be  vested in a supreme
court, district  courts, and  such inferior courts as the general
assembly may, from time to time, establish. Art. 6, s. 1.

   25. -  §1. The  supreme court shall consist of a chief justice
and two  associates, two of whom shall be a quorum to hold court.
Art. 6, s. 2.

   26. The  judges of the supreme court shall be elected by joint
ballot of  both branches  of the general assembly, and shall hold
their courts  at such  time and place as the general assembly may
direct, and  hold their  office for  six years,  and until  their

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successors are  elected and qualified, and shall be ineligible to
any other  office during  the term  for which they may be elected
Art. 6, s. 3.

  27. The supreme court shall have appellate jurisdiction only in
all eases  in chancery,  and shall  constitute a  court  for  the
correction of  errors at  law, under  such  restrictions  as  tho
general assembly  may by  law prescribe.  It shall  have power to
issue all  writs and  process necessary to do justice to parties,
and exercise  a supervisory  control over  all inferior  judicial
tribunals,  and   the  judges  of  the  supreme  court  shall  be
conservators of the peace throughout the state. Art. 6, s. 3.

  28. - §2. The district court shall consist of a judge who shall
be elected  by the qualified electors of the district in which he
resides, at  the township  election, and  hold his office for the
term of  five years,  and until his successor is duly elected and
qualified, and shall be ineligible to any other office during the
term for which he may be elected.

   29. The district court shall be a court of law and equity, and
have jurisdiction  in all  civil and  criminal matters arising in
their respective districts, in such manner as shall be prescribed
by law.  The judges  of the district courts shall be conservators
of the  peace in  their respective  districts. The  first general
assembly shall divide the state into four districts, which may be
increased as the exigencies require. Art. 6, s. 4.

  IPSE. He, himself;  the very man.

  IPSO FACTO. By the fact itself.

   2. This  phrase is frequently employed to convey the idea that
something which  has been  done contrary  to  law  is  void.  For
example, if  a married man, during the life of his wife, of which
he had knowledge, should marry another woman, the latter marriage
would be void ipsofacto;  that is, on that fact being proved, the
second marriage would be declared void ab initio.

   IPSO JURE.  By the act of the law itself, or by mere operation
of law.

   IRE AD  LARGUM. To  go at  large;   to escape,  or be  set  at
liberty. Vide Ad largum.

  IRONY, rhetoric. A term derived from the Greek, which signifies
dissimulation. It  is a refined species of ridicule, which, under
the mask  of honest  simplicity or  ignorance, exposes the faults
and errors of others, by seeming to adopt or defend them.

   2. In  libels, irony  may convey  imputations more effectually
than direct  assertion, and render the publication libelous. Hob.
215;   Hawk. B.  1, c.  73, s. 4;  3 Chit. Cr. Law, 869, Bac. Ab.
Libel, A 3.

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   IRREGULAR. That  which is done contrary to the common rules of
law;  as, irregular process, which is that issued contrary to law
and the common practice of the court. Vide Regular and. Irregular

   IRREGULAR DEPOSIT. This name is given to that kind of deposit,
where the  thing deposited need not be returned;  as, where a man
deposits, in  the usual  way, money in bank for safe keeping, for
in this  case the  title to the identical money becomes vested in
the bank, and he receives in its place other money.

   IRREGULARITY, practice.  The doing  or not  doing that  in the
conduct of a suit at law, which, conformably with the practice of
the court, ought or ought not to be done.

   2. A party entitled to complain of irregularity, should except
to it  previously to taking any step by him in the cause;  Lofft.
323, 333;  because the taking of any such step is a waiver of any
irregularity. 1 Bos. k Pbil. 342;  2 Smith's R. 391;  1 Taunt. R.
58;  2 Taunt. R. 243;  3 East, R. 547;  2 New R. 509;  2 Wils. R.

   3. The  court will,  on  motion,  set  aside  proceedings  for
irregularity. On  setting aside  a  judgment  and  execution  for
irregularity, they  have power  to impose terms on the defendant,
and will restrain him from bringing an action of trespass, unless
a strong  case of  damage appears.  1 Chit.  R. 133, n.;  and see
Baldw. R.  246. Vide  3 Chit. Pr. 509;  and Regular and Irregular

   4. In  the canon  law,  this  term  is  used  to  signify  any
impediment which prevents a man from taking holy orders.

  IRRELEVANT EVIDENCE. That which does not support the issue, and
which) of course, must be excluded. See Relevant.

   IRREPLEVISABLE, practice. This term is applied to those things
which cannot  legally be  replevied. For example, in Pennsylvania
no goods seized in execution or for taxes, can be replevied.

     IRRESISTIBLE  FORCE.   This  term  is  applied  to  such  an
interposition of  human agency, as is, from its nature and power,
absolutely uncontrollable;   as  the inroads  of a  hostile army.
Story on Bailm. §25;  Lois des Batim. pt. 2. c. 2, §1. It differs
from inevitable accident;  (q. v.) the latter being the effect of
physical causes, as, lightning, storms, and the like.

  IREVOCABLE. That which cannot be revoked.

   2. A  will may  at all times be revoked by the same person who
made it, he having a disposing mind;  but the moment the testator
is rendered  incapable to  make a  will he can no longer revoke a
former will,  because he  wants  a  disposing  mind.  Letters  of

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attorney are  generally revocable;   but when made for a valuable
consideration they  become irrevocable. 7 Ves. jr. 28;  1 Caines'
Cas. in Er. 16;  Bac. Ab. Authority, E. Vide duthority;  License;

   IRRIGATION. The  act of  wetting or  moist ening the ground by
artificial means.

   2. The owner of land over which there is a current stream, is,
as such,  the proprietor  of the  current. 4  Mason's R.  400. It
seems the  riparian proprietor may avail himself of the river for
irrigation,  provided   the  river   be  not  thereby  materially
lessened, and  the water  absorbed be  imperceptible or trifling.
Ang. W.  C. 34;   and vide 1 Root's R. 535;  8 Greenl. R. 266;  2
Conn. R.  584;  2 Swift's Syst. 87;  7 Mass. R. 136;  13 Mass. R.
420;   1 Swift's Dig. 111;  5 Pick. R. 175;  9 Pick. 59;  6 Bing.
R. 379;  5 Esp. R. 56;  2 Conn. R. 584;  Ham. N. P. 199;  2 Chit.
Bl. Com.  403, n. 7;  22 Vin. Ab. 525;  1 Vin. Ab. 657;  Bac. Ab.
Action on  the case,  F. The French law coincides with our own. 1
Lois des Bƒtimens, sect. 1, art. 3, page 21.

   IRRITANCY. In  Scotland, it is the happening of a condition or
event by  which a  charter, contract  or other  deed, to  which a
clause irritant is annexed, becomes void. Ersk. Inst. B. 2, t. 5,
n. 25.  Irritancy is  a  kind  of  forfeiture.  It  is  legal  or
conventional. Burt. Man. P. R. 29 8.

  ISLAND. A piece of land surrounded by water.

   2. Islands  are in  the sea or in rivers. Those in the sea are
either in the open sea, or within the boundary of some country.

   3. When  new islands arise in the open sea, 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, they belong to that

   4. Islands  which arise  in rivets  when in  the middle of the
stream, belong  in equal  parts to  the riparian proprietors when
they arise.  mostly on one side, they will belong to the riparian
owners up  to the  middle of  the stream.  Bract. lib.  2, c.  2;
Fleta, lib.  3, c.  2, s.  6;   2 Bl.  261;   1 Swift's Dig. 111;
Schult. Aq.  R. 117;   Woolr.  on Waters:   38;   4 Pick. R. 268;
Dougl. R.  441;   10 Wend.  260;   14 S.  & R.  1. For the law of
Louisiana, see Civil Code, art. 505, 507.

   5. The  doctrine of the common law on this subject, founded on
reason, seems  to have  been borrowed  from the  civil law.  Vide
Inst. 2, 1, 22;  Dig. 41, 1, 7;  Code, 7;  41, 1.

   ISSINT. This is a Norman French word which signifies thus, so.
It has  given the  name to  a part  of a plea, because when pleas
were in  that language  this word was used. In actions founded on
deeds, the  defendant may,  instead of pleading non est factum in

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the common  form, allege  any special  matter  which  admits  the
execution of  the writing  in question,  but which, nevertheless,
shows that  it is not in law his deed;  and may conclude with and
so it  is not his deed;  as that the writing was delivered to A B
as an  escrow, to be de-livered over on certain conditions, which
have not  been complied with, "and so it is not his act;" or that
at, the  time of  making the  writing, the  defendant was  a feme
covert,:   and so  it is  not her act." Bac. Ab. Pleas, H 3, I 2;
Gould on Pl. c. 6, part 1, §64.

   2. An  example of  this form of plea which is sometimes called
the special general issue, occurs in 4 Rawle, Rep. 83, 84.

  ISSUABLE, practice. Leading or tending to an issue. An issuable
plea is  one upon  which the plaintiff can take issue and proceed
to trial.

   ISSUE, kindred.  This term is of very extensive import, in its
most enlarged  signification, and  includes all  persons who have
descended from  a common ancestor. 17 Ves. 481;  19. Ves. 547;  3
Ves. 257;   1  Rop. Leg. 88 and see Wilmot's Notes, 314, 321. But
when this  word is used in a will, in order to give effect to the
testator's intention  it will  be construed  in a more restricted
sense than  its legal import conveys. 7 Ves. 522;  19 Ves. 73;  1
Rop. Leg.  90. Vide  Bac. Ab. Curtesy of England, D;  8 Com. Dig.
473;  and article Legatee, II. §4.

   ISSUE, pleading.  An issue,  in pleading,  is defined  to be a
single, certain and material point issuing out of the allegations
of the  parties, and consisting, regularly, of an affirmative and
negative. In  common parlance,  issue also signifies the entry of
the pleadings. 1 Chit. Pl. 630.

   2. Issues  are material  when properly formed on some material
point, which  will decide  the question  in dispute  between  the
parties;   and immaterial,  when formed  on some immaterial fact,
which though  found by  the verdict will not determine the merits
of the  cause, and  would leave  the court  at a loss how to give
judgment. 2 Saund. 319, n. 6.

   3. Issues  are also  divided into  issues in law and issues in
fact. 1.  An issue  in law  admits all the facts and rests simply
upon a question of, law. It is said to consist of a single point,
but by  this it  must be  understood that  such  issue  involves,
necessarily, only  a single  rule or principle of law, or that it
brings into question the legal sufficiency of a single fact only.
It is  meant that  such an issue reduces the whole controversy to
the single question, whether the facts confessed by the issue are
sufficient in  law to maintain the action or defence of the party
who alleged  them. 2.  An issue  in fact,  is one  in  which  the
parties disagree as to their existence, one affirming they exist,
and the other denying it. By the common law, every issue in fact,
subject to some exceptions, which are noticed below, must consist
of a  direct affirmative  allegation on  the one  side, and  of a

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direct negative  on the other. Co. Litt. 126, a;  Bac. Ab. Pleas,
&c. G 1;  5 Pet. 149;  2 Black. R. 1312;  8 T. R. 278. But it has
been holden  that when  the defendant pleaded that he was born in
France, and the plaintiff replied that he was born in England, it
was sufficient  to form a good issue. 1 Wils. 6;  2 Str. 1177. In
this case,  it will be observed, there were two affirmatives, and
the ground upon which the issue was holden to be good is that the
second affirmative  is so  contrary to  the first, that the first
cannot in  any degree  be true. The exceptions above mentioned to
the rule  that a  direct affirmative  and a  direct negative  are
required, are  the following:  1st. The general issue upon a writ
of right  is formed  by two  affirmatives:  the demandant, on one
side, avers  that he  has greater right than the tenant;  and, on
the  other,  that  the  tenant  has  a  greater  right  than  the
demandant. This issue is called the mise. (q. v.) Lawes, Pl. 232;
3 Chit. Pl. 652:  3 Bl. Com. 195, 305. 2d. In an action of dower,
the court merely demands the third part of acres of land, &c., as
the dower  of the  demandant of  the endowment of A B, heretofore
the hushand,  &c., and  the general  issue is,  that A  B was not
seised of  such estate,  &c., and  that he  could not  endow  the
demandant thereof,  &c. 2 Saund. 329, 330. This mode of negation,
instead  of   being  direct,   is   merely   argumentative,   and
argumentativeness is not generally allowed in pleading.

   4. Issues  in fact  are divided  into general  issues, special
issues, and common issues.

   5.  The  general  issue  denies  in  direct  terms  the  whole
declaration;   as in personal actions, where the defendant pleads
nil  debet,   that  he  owes  the  plaintiff  nothing;    or  non
culpabilis, that  he is  not guilty  of the  facts alleged in the
declaration;   or in real actions, where the defendant pleads nul
tort, no  wrong done  - or nul disseisin, no disseisin committed.
These pleas, and the like, are called general issues, because, by
importing an  absolute and  general denial  of  all  the  matters
alleged in the declaration, they at once put them all in issue.

   6. Formerly the general issue was seldom pleaded, except where
the defendant meant wholly to deny the charge alleged against him
for when  he meant  to avoid and justify the charge, it was usual
for him  to set  forth the particular ground of his defence as, a
special plea,  which appears  to have  been necessary' to apprize
the  court  and  the  plaintiff  of  the  particular  nature  and
circumstances  of   the  defendant's  case,  and  was  originally
intended to  keep the  law and the fact distinct. And even now it
is an  invariable rule,  that  every  defence  which  cannot  be,
specially pleaded, may be given in evidence at the trial upon the
general issue, so the defendant is in many cases obliged to plead
the particular circumstances of his defence specially, and cannot
give them  in evidence  on that  general plea. But the science of
special pleading having been frequently perverted to the purposes
of chicane  and delay, the courts have in some instances, and the
legislature in others, permitted the general issue to be pleaded,
and special matter to be given in evidence under it at the trial,

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which at  once includes the facts, the equity, and the law of the
case. 3 Bl. Com. 305, 6;  3 Green. Ev. §9.

   7. The  special issue  is when  the defendant takes issue upon
anly one  substantial part  of the  declaration,  and  rests  the
weight of  his case  upon it;   he is then said to take a special
issue, in  contradistinction to  tho general  issue, which denies
and puts  in issue  the  whole  of  the  declaration.  Com.  Dig.
Pleader, R 1, 2.

   8. Common  issue is  the name given to that which is formed on
the single  plea of  non est factum, when pleaded to an action of
covenant broken.  This is  so called,  because to  an  action  of
covenant broken there can properly be no general issue, since the
plea of  non est  fadum, which  denies the deed only, and not the
breach, does  not put the whole declaration in issue. 1 Chit. Pl.
482;  Lawes on Pl. 113;  Gould, Pl. c. 6, part 1, §7 and §10, 2.

  9. Issues are formal and informal.

   10. A  formal issue  is one  which is  formed according to the
rules required by law, in a proper and artificial manner.

   11. An  informal issue  is one  which arises  when a  material
allegation is traversed in an improper or artificial manner.  Ab.
Pleas, &c., G 2, N 5;  2 Saund. 319, a, n. 6. The defect is cured
by verdict., by the statute of 32 H. VIII. c. 30.

  12. Issues are also divided into actual and feigned issues.

   13. An  actual issue is one formed in an action brought in the
regular manner,  for the  purpose of  trying a  question of right
between the parties.

   14. A feigned issue is one directed by a court, generally by a
court exercising  equitable powers,  for the  purpose  of  trying
before a  jury a matter in dispute between the parties. When in a
court of  equity any  matter of  fact is  strongly contested, the
court  usually  directs  the  matter  to  be  tried  by  a  jury,
especially such  important facts  as the  validity of  a will, or
whether A is the heir at law of B.

   15. But  as no jury is summoned to attend this court, the fact
is usually  directed to be tried in a court of law upon a feigned
issue. 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,  for example,  that a certain paper is
the last will and testament of A;  then avers it is his will, and
therefore demands  the money;  the defendant admits the wager but
avers that, it is not the will of A, and thereupon that. issue is
joined, which  is directed out of chancery to be tried;  and thus
the verdict of the jurors at law determines the fact in the court
of equity.

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   16. These  feigned issues are frequently used in the courts of
law, by consent of the parties, to determine some disputed rights
without the formality of pleading, and by this practice much time
and expense are saved in the decision of a cause. 3 Bl. Com. 452.
The consent  of the  court must also be previously obtained;  for
the trial  of a feigned issue without such consent is a contempt,
which will  authorize the  court to  order the  proceeding to  be
stayed, and  punish  the  parties  engaged.  4  T.  R.  402.  See
Fictitious action. See, generally Bouv. Inst. Index, h. t.

   ISSUE ROLL,  Eng. law.  The name of a record which contains an
entry of the term of which the demurrer book, issue or paper book
is entitled,  and the, warrants of attorney supposed to have been
given by  the parties  at the commencement of the cause, and then
proceeds with  the transcript  of the  declaration and subsequent
pleadings, continuances, and award of the mode of the decision as
contained in  the demurrer,  issue or  paper book. Steph. Pl. 98,
99. After  final judgment,  the issue roll is no longer called by
that name, but assumes that of judgment roll. 2 Arch. Pr. 206.

   ISSUES, Eng.  law. The  goods and  profits of  the lands  of a
defendant against  whom a writ of distringas or distress infinite
has been issued, taken by virtue of such writ, are called issues.
3 Bl. Com. 280;  1 Chit. Cr. Law, 351.

   ISTHMUS. A  tongue or strip of land between two seas. Glos. on
Law, 37, book 2, tit. 3, of the Dig.

  ITA EST. These words signify so it is. Among the civilians when
a notary dies, leaving his register, an officer who is authorized
to make  official copies  of his notarial acts, writes instead of
the deceased notary's name, which is required, when he is living,
ita est,

   ITA QUOD.  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," which  from the first word is called the ita

  2. When the submission is with an ita guod, the arbitrator must
make an  award of  all matters.  submitted to him of which he had
notice, or  the award  will be  entirely void.  7 East, 81;  Cro.
Jac. 200;  2 Vern. 109;  1 Ca. Chan. 86;  Roll. Ab. Arbitr. L. 9.

   ITEM. Also;   likewise;   in  like manner.;   again;  a second
time. These  are the  various meanings of this Latin adverb. Vide

  2. In law it is to be construed conjunctively, in the sense. of
and, or  also, in  such a  manner as  to  connect  sentences.  If
therefore a  testator bequeath a legacy to Peter payable out of a
particular fund,  or charged  upon a  particular estate,  item  a
legacy to  James, James'  legacy as  well as  Peter's will  be  a
charge upon  the same property. 1 Atk. 436;  3 Atk. 256 1 Bro. C.

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C. 482;   1 Rolle's Ab. 844;  1 Mod. 100;  Cro. Car. 368;  Vaugh.
262;  2 Rop. on Leg. 849;  1 Salk. 234. Vide Disjunctive.

  ITER. A foot way. Vide Way.

   ITINERANT. Travelling  or taking  a journey.  In England there
were formerly  judges called  Justices itinerant,  who were  sent
with commissions into certain counties to try causes.

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