I.

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 matter. IOU, contracts. The memorandum 
IOU, (I owe you), given by merchants to each other, is a mere evidence of 
the debt, and does not amount to a promissory note. Esp. Cas. N. A. 426; 4 
Carr. & Payne, 324; 19 Eng. Com. L. Rep. 405; 1 Man. & Gran. 46; 39 E. C. L. 
R. 346; 1 Campb. 499; 1 Esp. R. 426; 1 Man. Gr. & So. 543; Dowl. & R. N. P. 
Cas. 8. 

ICTUS ORBIS, med. jurisp. A maim, a bruise, or swelling; any hurt without 
cutting the skin. When the skin is cut, the injury is called a wound. (q.v.) 
Bract. lib. 2, tr. 2, c. 5 and 24. 
     2. Ictus is often used by medical authors in the sense of percussus. It 
is applied to the pulsation of the arteries, to any external lesion of the 
body produced by violence also to the wound inflicted by a scorpion or 
venomous reptile. Orbis is used in the sense of circlo, circuit, rotundity. 
It is applied also to the eye balls. Oculi dicuntur orbes. Castelli Lexicon 
Medicum. 

IDEM SONANS. Sounding the same.
     2. In pleadings, when a name which it is material to state, is wrongly 
spelled, yet if it be idem sonans with that proved, it is sufficient, as 
Segrave for Seagrave, 2 Str. R. 889; Keen for Keene, Thach. Cr. Cas. 67; 
Deadema for Diadema, 2 Ired. 346; Hutson for Hudson, 7 Miss. R. 142; Coonrad 
for Conrad, 8 Miss. R. 291. See 5 Pike, 72; 6 Ala. R. 679; vide also Russ. & 
Ry. 412; 2 Taunt. R. 401, In the following cases the variances there 
mentioned were declared to be fatal. Russ. & Ry. 351; 10 East, R. 83; 5 
Taunt. R. 14; 1 Baldw. R. 83; 2 Crom. & M. 189; 6 Price, R. 2; 1 Chit. R. 
659; 13 E. C. L. R. 194. See, generally, 8 Chit. Pr. 231, 2; 4 T. R. 611; 3 
B. & P. 559; 1 Stark. R. 47; 2 Stark. R. 29; 3 Camp. R. 29; 6 M. & S. 45; 2 
N. H. Rep. 557; 7 S. & R. 479; 3 Caines, 219; 1 Wash. C. C. R. 285; 4 Cowen, 
148 and the article Name. 

IDENTITATE NOMINIS, Engl. law. The name of a writ which lies for a person 
taken upon a capias or exigent and committed to prison, for another man of 
the same name; this writ directs the sheriff to inquire whether he be the 
same person against whom the action was brought, and if not, then to 
discharge him. F. N. B. 267. In practice, a party in this condition would be 
relieved by habeas corpus. 

IDENTITY, evidence. Sameness.
     2. It is frequently necessary to identify persons and things. In 
criminal prosecutions, and in actions for torts and on contracts, it is 
required to be proved that the defendants have in criminal actions, and for 
injuries, been guilty of the crime or injury charged; and in an action on a 
contract, that the defendant was a party to it. Sometimes, too, a party who 
has been absent, and who appears to claim an inheritance, must prove his 
identity and, not unfrequently, the body of a person which has been found 
dead must be identified: cases occur when the body is much disfigured, and, 
at other times, there is nothing left but the skeleton. Cases of 
considerable difficulty arise, in consequence of the omission to take 
particular notice; 2 Stark. Car. 239 Ryan's Med. Jur. 301; and in 
consequence of the great resemblance of two persons. 1 Hall's Am. Law Journ. 
70; 1 Beck's Med. Jur. 509; 1 Paris, Med. Jur, 222; 3 Id. 143; Trail. Med. 
Jur. 33; Fodere, 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 Medicine Legale, 4eme partie, 
ch. 1, gives rules for the discovery of particular marks, which an 
individual may have had, and also the true color of the hair, although it 
may have been artificially colored. He also gives some rules for the purpose 
of discovering, from the appearance of a skeleton, the sex, the age, and the 
height of the person when living, which he illustrates by various examples. 
See, generally, 6 C. & P 677; 1 C. & M. 730; 3 Tyr. 806; Shelf. on Mar. & 
Div. 226; 1 Hagg. Cons. R. 189; Best on Pres. Appx. case 4; Wills on 
Circums. Ev. 143, et seq. 

IDES, NONES and CALENDS, civil law. This mode of computing time, formerly in 
use among the Romans, is yet used in several chanceries in, Europe, 
particularly in that of the pope. Many ancient instruments bear these dates; 
it is therefore proper to notice them here. These three words designate all 
the days of the month. 
     2. The calends were the first day of every month, and were known by 
adding the names of the months; as calendis januarii, calendis februarii, 
for the first days of the months of January and February. They designated 
the following days by those before the nones. The fifth day of each month, 
except those of March, May, July, and October; in those four months the 
nones indicated the seventh day; nonis martii, was therefore the seventh day 
of March, and so of the rest. In those months in which the nones indicated 
the fifth day, the second was called quarto nonas or 4 nonas, that is to 
say, quarto die ante nonas, the fourth day before the nones. The words die 
and ante, being understood, were usually suppressed. The third day of each 
of those eight months was called tertio, or 3 nonas. The fourth, was pridie 
or 2 nonas; and the fifth was nonas. In the months of March, May, July and 
October, the second day of the months was called sexto or 6 nonas; the 
third, quinto, or 5 nonas; the fourth, quarto, or 4 nonas; the fifth, 
tertio, or 3 nonas; the sixth, pridie, usually abridged prid. or pr. or 2 
nonas; and the seventh, nones. The word nonae is so applied, it is said, 
because it indicates the ninth day before the ides of each month. 
     3. In the months of March, May, July and October, the fifteenth day of 
the months was the Ides. These are the four mouths, as above mentioned, in 
which the nones were on the seventh day. In the other eight months of the 
year the nones were the fifth of the month, and the ides the thirteenth in 
each of them the ides indicated the ninth day after the nones. The seven 
days between the nones and the ides, which we count 8, 9, 10, 11, 12, 13, 
and 14, in March, May, July and October, the Romans counted octave, or 8 
idus; septimo, or 7 idus; sexto, or 6 idus; quinto, or 5 idus; quarto, or 4 
idus; tertio, or 3 idus; pridie, or 2, idus; the word ante being understood 
as mentioned above. As to the other eight mouths of the year, in which the 
nones indicated the fifth day of the month, instead of our 6, 7, 8, 9, 10, 
11, and 12, the Romans counted octavo idus, septimo, &c. The word is said to 
be derived from the Tuscan, iduare, in Latin dividere, to divide, because 
the day of ides divided the month into equal parts. The days from the ides 
to the end of the month were computed as follows; for example, the 
fourteenth day of January, which was the next day after the ides, was called 
decimo nono, or 19 kalendas, or ante kalendas febrarii; the fifteenth, 
decimo octavo, or 18 kalendas 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 February; decimo 
septimo or 17, March, May, July and October; decimo octave or 18, in April, 
June, September, and November. Merlin, Repertoire de Jurisprudence, mots 
Ides, Nones et Calendes. 

          A Table of the Calends of the Nones and the Ides.

 ÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÂÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÂÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÂÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄ
 Jan., Aug., Dec.  ³ March, May,     ³ April, June,    ³ February 28,
     31 days.      ³ July, Oct.,     ³ Sept., Nov.,    ³ bissextile,
                   ³  31 days.       ³   30 days.      ³   29 days.
 ÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÁÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÁÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÁÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄ
  1 ³ Calendis.    ³ Calendis        ³ Calendis        ³ Calendis
  2 ³ 4 Nonas.     ³ 6 Nonas         ³ 4 Nonas         ³ 4 Nonas
  3 ³ 3 Nonas.     ³ 5 Nonas         ³ 3 Nonas         ³ 3 Nonas
  4 ³ Prid. Non.   ³ 4 Nonas         ³ Prid. Non.      ³ Prid. Non.
  5 ³ Nonis        ³ 3 Nonas         ³ Nonis           ³ Nonis
  6 ³ 8 Idus       ³ Prid. Non.      ³ 8 Idus          ³ 8 Idus
  7 ³ 7 Idus       ³ Nonis           ³ 7 Idus          ³ 7 Idus
  8 ³ 6 Idus       ³ 8 Idus          ³ 6 Idus          ³ 6 Idus
  9 ³ 5 Idus       ³ 7 Idus          ³ 5 Idus          ³ 5 Idus
 10 ³ 4 Idus       ³ 6 Idus          ³ 4 Idus          ³ 4 Idus
 11 ³ 3 Idus       ³ 5 Idus          ³ 3 Idus          ³ 3 Idus
 12 ³ Prid. Idus   ³ 4 Idus          ³ Prid. Idus      ³ Prid. Idus
 18 ³ Idibus       ³ 3 Idus          ³ Idibus          ³ Idibus
 14 ³ 19 Cal.      ³ Prid. Idus      ³ 18 Cal.         ³ 16 Cal.
 15 ³ 18 Cal.      ³ Idibus          ³ 17 Cal.         ³ 15 Cal.
 16 ³ 17 Cal.      ³ 17 Cal.         ³ 16 Cal.         ³ 14 Cal.
 17 ³ 16 Cal.      ³ 16 Cal.         ³ 15 Cal.         ³ 3 Cal.
 18 ³ 15 Cal.      ³ 15 Cal.         ³ 14 Cal.         ³ 12 Cal.
 19 ³ 14 Cal.      ³ 14 Cal.         ³ 13 Cal.         ³ 11 Cal.
 20 ³ 18 Cal.      ³ 13 Cal.         ³ 12 Cal.         ³ 10 Cal.
 21 ³ 12 Cal.      ³ 12 Cal.         ³ 11 Cal.         ³ 9 Cal.
 22 ³ 11 Cal.      ³ 11 Cal.         ³ 10 Cal.         ³ 8 Cal.
 23 ³ 10 Cal.      ³ 10 Cal.         ³ 9 Cal.          ³ 7 Cal.
 24 ³ 9 Cal.       ³ 9 Cal.          ³ 8 Cal.          ³ 6 Cal.*
 25 ³ 8 Cal.       ³ 9 Cal.          ³ 7 Cal.          ³ 5 Cal.
 26 ³ 7 Cal.       ³ 7 Cal.          ³ 6 Cal.          ³ 4 Cal.
 27 ³ 6 Cal.       ³ 6 Cal.          ³ 5 Cal.          ³ 3 Cal.
 28 ³ 5 Cal.       ³ 5 Cal.          ³ 4 Cal.          ³ Prid. Cal.
 29 ³ 4 Cal.       ³ 4 Cal.          ³ 3 Cal.          ³
 30 ³ 3 Cal.       ³ 3 Cal.          ³ Prid. Cal.      ³
 31 ³ Prid. Cal.   ³ Prid. Cal.      ³                 ³ 
* If February is bissextile, Sexto Calencas (6 Cal.) it is counted twice, 
viz: for the 24th and 25th of the month, hence the word bissextile. 

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, on this subject, the learned work of Dr. Morton, 
of Philadelphia*, entitled Crania Americana. The brain of an idiot equals 
that of a new born infant; that is, about one-fourth, one-fifth, or one-
sixth of the cerebral mass of an adult's in the enjoyment of his faculties. 
The above is the only constant character. observed in the heads of idiots. 
In other respects their forms are as various as those of other persons. When 
idiocy supervenes in early infancy, the head is sometime remarkable for 
immense size. This unnatural enlargement arises from some kind of morbid 
action preventing the development of the cerebral mass, and producing serous 
cysts, dropsical effusions, and the like. 
     3. In idiocy the features are irregular; the forehead low, retreating, 
and narrowed to a point; the eyes are unsteady, and often squint the lips 
are. thick, and the mouth is generally open; the gums are spongy, and the 
teeth are defective; the limbs are crooked and feeble. The senses are 
usually entirely wanting; many are deaf and dumb, or blind and others are 
incapable of perceiving odors, and show little or no discrimination in their 
food for want of taste. Their movements are constrained and awkward, they 
walk badly, and easily fall, and are not less awkward with their hands, 
dropping generally what is given to them. They are seldom able to articulate 
beyond a few sounds. They are generally affected with rickets, epilepsy, 
scrofula, or paralysis. Its subjects seldom live beyond the twenty-fifth 
year, and are incurable, as there is natural deformity which cannot be 
remedied. Vide Chit. Med. Jur. 345; Ray's Med. Jur. c. 2; 1 Beck's Med. Jur. 
571 Shelf. on Lun. Index, h.t.; and Idiot. 

IDIOT, Persons. A person who has been without understanding from his 
nativity, and whom the law, therefore, presumes never likely to attain any. 
Shelf. on Lun. 2. 
     2. It is an imbecility or sterility of mind, and not a perversion of 
the understanding. Chit. Med. Jur. 345, 327, note s; 1 Russ. on Cr. 6; Bac. 
Ab. h.t. A; Bro. Ab. h.t.; Co. Litt. 246, 247; 3 Mod. 44; 1 Vern. 16; 4 
Rep. 126; 1 Bl. Com. 302. When a man cannot count or number twenty, nor tell 
his father's or mother's name, nor how old he is, having been frequently 
told of it, it is a fair presumption that, he is devoid of understanding. F. 
N. B. 233. Vide 1 Dow, P. C. now series, 392; S. C. 3 Bligh, R. new series, 
1. Persons born deaf, dumb, and blind, are, presumed to be idiots, for the 
senses being the only inlets of knowledge, and these, the most important of 
them, being closed, all ideas and associations belonging to them are totally 
excluded from their minds. Co. Litt. 42 Shelf. on Lun. 3. But this is a mere 
presumption, which, like most others, may be rebutted; and doubtless a 
person born deaf, dumb, and blind, who could be taught to read and write, 
would not be considered an idiot. A remarkable instance of such an one may 
be found in the person of Laura Bridgman, who has been taught how to 
converse and even to write. This young woman was, in the year 1848, at 
school at South Boston. Vide Locke on Human Understanding, B. 2 c. 11, Sec. 
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 on 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 different 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 fire. 

IGNOMINY. Public disgrace, infamy, reproach, dishonor. Ignominy is the 
opposite of esteem. Wolff, Sec. 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. 
     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 husband 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 
fulfill 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. 
     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 entering 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 Fonb. Eq. B. 1, ch. 2, Sec. 7, note 
v; 8 Wheat. R. 174; S. C. 1 Pet. S. C. R. 1; 1 Chan. Cas. 84; 1 Story, Eq. 
Jur. Sec. 137, note 1; Dig. 22, 6; Code, 1, 16; Clef des Lois Rom. h.t.; 
Merl. Repert. 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. Sec. 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 Void. 
     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 Illicit; 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 Unlawful. 
     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, Sec. 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 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 government. 
     4.-1. The sixth article directs that, Sec. 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 entitled to vote, except in the district or 
county in which he Shall actually reside lit the time of such election. 
     Sec. 2. All votes shall be given by ballot. 
     Sec. 5. No elector loses his residence in the state by reason of his 
absence on business of the United States, or this state. 
     Sec. 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: 
     Sec. 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. 
     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 representatives. 
     7.-1st. Of the general assembly. The third article of the 
constitution provides as follows 
     Sec. 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. 
     Sec. 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. 
     Sec. 7. No person elected to the general assembly 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. 
     Sec. 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. 
     Sec. 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 journals. 
     Sec. 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. 
     Sec. 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. 
     Sec. 16. When vacancies shall happen in either house, the governor, or 
the person exercising the powers of governor, shall issue writs of election 
to fill such vacancies. 
     Sec. 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. 
     Sec. 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. 
     Sec. 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 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 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. 
    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 senate. 
    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. 3. 
    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. 
    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 by 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 power. 
    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 
     Sec. 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. 
     Sec. 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. 
     Sec. 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. 
     Sec. 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. 
     Sec. 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. 
     Sec. 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 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 
the jurisdiction 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 courts. 
    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 cases as may be prescribed by law, when the 
punishment is by fine only, not exceeding 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. 

ILLITERATE. This term is applied to one unacquainted with letters. 
     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, prem. partie, III., tome 1, p. 202. Dict. 
des Sciences Medicales, 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. 

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, considerees dans leurs 
rapports avec la legislation civille et criminelle, 8; Georget, Discussion 
medico-legale 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, Sec. 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. 
     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, Sec. 188. 

IMMATERIAL 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. 194. 
     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 Societe, 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. 

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 
     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, Sec. 1; Poth. de la Communante, n. 25, et seq; Clef des Lois 
Romaines, mot Immeubles. 

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. 

IMPAIRING THE OBLIGATION OF CONTRACTS. The Constitution of the 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, 164. 
     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 applicable 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. Sec. 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. 

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, 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. Sec. 791; Rawle on Const. 213, 214 Serg. Const. Law, 376. 
     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, Sec. 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 impeachment, 
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. 

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. 
Preliminaire; Vattel, Dr. des Gens, Prel. notes, Sec. 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. 

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 impertinent. 
    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. Sec. 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. 

IMPLICATA, 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. 
     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 congress." 
     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. 419. 
     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 regulation. 
     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 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 Fieffe 
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. Sec. 949. 
     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 Imposition. 

IMPOTENCE, med. jur. The incapacity for copulation or propagating the 
species. It has also been used synonymously with sterility. 
     2. Impotence may be considered as incurable, curable, 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; Poyn. on Marr. and Div. ch. 8; 5 
Paige, 554; Merl. Rep. 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. 325; S. C. 1 
Eng. Eccl. R. 408; 1 Chit. Med. Jur. 877; 1 Par. & Fonb. 172, 173. note d; 
Ryan's Med. Jur. 95. to 111; 1 Bl. Com. 440; 2 Phillim. R. 10; 1 Hagg. R. 
725. See, as to the signs of impotence, 1 Briand, Med. Leg. c. 2, art. 2, 
Sec. 2, n. 1; Dictionnaire des Sciences Medicales, 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; Fodere, 
Med. Leg. Sec. 237. 

IMPRESCRIPTIBILITY. The state of being incapable of prescription.
     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 execution. 
     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 punishment. 
     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.) means 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 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. & 
Payn. 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 Barn. & Cress. 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. 
Repert. mot Emprisonment; 17 Eng. Com. L. R. 246, n. 

IMPROBATION. The act by which perjury or falsehood is proved. Tech. 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. Tech. 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 leave 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 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, Sec. 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, 
Sec. 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 declarations. 

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 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 in 
posse. 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 Extremis. 

IN FACIENDO. In doing, or in feasance. 2 Story, Eq. Jurisp. Sec. 1308. 

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. 

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 
person: 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 proceedings. 

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. Sec. 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 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 
husband, 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.

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. Sec. 525, 541. 
     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, 212. 

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 debtors. 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. Ob. 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. Ob. 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. 

IN TERROREM. By way of threat, terror, or warning. For example, when a 
legacy is given to a person upon 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 another. 
     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. 
     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 Foetus. 

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 fulfill 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. 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. 

INADMISSIBLE. 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 husband 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 statute. 

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

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, Sec. 
10; Sw. part 2 Sec. 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 principal. 
     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. 
     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 jurisdiction. 
     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. Rep. mot Incompetence. 
     4. It is a maxim in the common law, aliquis non debet esse judex in 
propria 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 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. Sec. 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, Sec. 1; Poth. Traite des 
Choses, Sec. 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, Sec. 2. According to Sir 
William Blackstone, there are ten kinds of incorporeal hereditaments; 
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, 
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 descend. 

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. Sec. 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 Pecuniae. 

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; Debtor. 

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 defeated. 

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. 
     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. 222. 

INDEPENDENCE. A state of perfect irresponsibility to any superior; the 
United States are free and independent of all earthly power. 
     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. 699. 

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. Sec. 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 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 preceding his election, an inhabitant 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 executive power of this state is vested in a governor. And,

under certain circumstances, this power is exercised by the lieutenant-
governor. 
     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 qualifications 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 qualified. 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 invested 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 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: 
    Sec. 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 court. 
    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. 
    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 large. 
    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 justice. 

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