Black's Law Dictionary

Proper or necessary to be prosecuted by process of indictment.

Charged in an indictment with a criminal offense. See Indictment.

A person indicted.

In old publlc law. A declaration ; a proclamation. Indictio belli, a declaration or indiction of war. An indictment

An indictment is an accusation in writing found and presented by a grand jury, legally convoked and sworn, to the court in which it is impaneled, charging that a person therein nam

Jenk. Cent. 205. Indictment for felony is against the peace of our lord the king, his crown and dignity in general, and not against his individual person; because in England there

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

For a day; for the space of a day. Calvin.

Impartial; unbiased; disinterested. People v. Vermilyea, 7 Cow. (N. Y.) 122; Fox v. Hills, 1 Conn. 307.

Lat. In the civil law. Building on another's land with one's own materials, or on one's own land with another's materials.

11 Coke, 69. A stone badly placed in buildings is not to be removed.

In old English law. A subject born; one born within the realm or naturalized by act of parliament. Co. Litt. 8o. The opposite of "alienigena," (q. v.)

In a general sense an "indigent" person is one who is needy and poor or one who has not sufficient property to furnish him a living nor any one able to support him and to whom he i

In the law of divorce, a species of cruelty addressed to the mind, sen-sibillties, self-respect or personal honor of the subject, rather than to the body, and defined as "unmerited

A term almost always used in law in opposition to "direct," though not the only antithesis of the latter word, as the terms "collateral" and "cross" are sometimes used in contrast

those demanded in the first instance from one person in the expectation and intention that he shall indemnify himself at the expense of another. "Ordinarily all taxes paid primaril

In disjunctives it is sufficient that either part be true. Where a condition is in the disjunctive, it is sufficient if either part be performed. Wing. Max. 13, max. 9; Broom, Max.

That which cannot be spared, omitted or dispensed with. —Indispensable evidence. See Evidence. — Indispensable parties. In a suit in equity, those who not only have an interest in

That without which a particular fact cannot be proved. Code Civ. Proc. Cal. 1903, § 1836; Ballinger's Ann. Codes & St. Or. 1901, § 689

In a suit in equity, those who not only have an interest in the subject-matter of the controversy, but an interest of such a nature that a final decree cannot be made without eithe

Forthwith; without dela;

L. Fr. In old English law. A person indicted. Mlrr. c. 1, § 3; 9 Coke, pref.

As a noun, this term denotes a single person as distinguished from a group or class, and also, very commonly, a private or natural person as distinguished from a partnership, corpo

In the law of partnership, property belonging to a member of a partnership as his separate and private fortune, apart from the assets or property belonging to the firm as such or t

Such as are due from a member of a partnership in his private or personal capacity, as distinguished from those due from the firm or partnership. Goddard v. Hapgood, 25 Vt. 360, 60

A term formerly used in Pennsylvania to designate the location of public lands by surveys, in which the land called for by each warrant was separately surveyed. Ferguson v. Bloom,

Lat In the civll law. That cannot be divided. Calvin.

Not susceptible of division or apportionment; inseparable; entire. Thus, a contract, covenant, consideration, etc, may be divisible or indivisible; i. e„ separable or entire.

Lat. That which two or more persons hold in common without partition ; undivided.

In demesne. In dominico suo ut de feodo, in his demesne as of fee.

In old Scotch law. Indorsed. 2 Pitc. Crim. Tr. 4L

Is a technical term, having sufficient legal certainty without words of more particular description. Brooks v. Edson, 7 Vt 351. To write a name on the back of a paper or document.

The person to whom a bill of exchange, promissory note, bill of lading, etc., is assigned by indorsement, giving him a right to sue thercon. —Indorsee in dne eonrse. An indorsee la

An indorsee la due course is one who, in good fnith, in the ordinary course of business, and for value, before its apparent maturity or presumptive dishonor, and without knowledge

The act of a payee, drawee, accommodation indorser or holder of a bill, note, check or other negotiable instrument, in writing his name upon the back of the same, with or without f

He who indorses; i. e., being the payee or holder, writes his name on the back of a bill of exchange, etc.

On the back. 2 Bl. Comm. 468 ; 2 Steph. Comm. 164. In dorso recordi, on the back of the record. 5 Coke, 45. Hence the English indorse, indorsement, etc.

In doubtful cases, the more favorable views are to be preferred; the more liberal interpretation is to be followed. Dig. 50, 17, 56; 2 Kent, Comm. 557.

Branch, Princ. In doubtful cases, the more worthy is to be accepted.

In cases of doubt, the presumption is not in favor of a will. Branch, Princ. But see Cro. Car. 51.

In doubt; in a state of uncertainty or in a doubtful case.

In a case of doubt, that is the construction of the law which the words indicate. Branch, Princ.

In doubt, the milder course is to be followed.

In doubt, the safer course is to be adopted.

Evidence which is not only found credible, but is of such weight and directness as to make out the facte alleged beyond a doubt. Hart v. Carroll, 85 Pa. 511; Jermyn v. McClure, 195

In contracts. The benefit or advantage which the promisor is to receive from a contract is the inducement for making it. In criminal evidence. Motive; that which leads or tempts to

In international law. A truce; a suspension of hostilities; an agreement during war to abstain for a time from warlike acts. In old maritime law. A period of twenty days after the

In Scdtch law. The days between the citation of the defendant and the day of appearance; the days between the test day and day of return of the writ.

Lat. In the civll law. Obliteration, by drawing the pen or stylus over the writing. Dig. 28, 4; Calvin.

In ecclesiastical law. Induction is the ceremony by which an incumbent who has been instituted to a benefice is vested with full possession of all the profits belonging to the chur

In the Roman Catholic Church. A remission of the punishment due to sins, granted by the pope or church, and supposed to save the sinner from purgatory. Its abuse led to the Reforma

In ecclesiastical law. A dispensation granted by the pope to do or obtain something contrary to the common law. In Spanish law. The condonation or remission of the punishment impos

Endowment, (q. v.)

In double. Damna in duplo, double damages. Fleta, llb. 4, c. 10, § 1.

Societies formed in England for carrying on any labor, trade or handicraft, whether wholesale or retail, including the buying and selling of land and also (but subject to certain r

Schools (established by voluntary contribution) in which industrial training is provided, and in which children are lodged, clothed, and fed, as well as taught

In the same state or condition. Calvin.

A person addicted to the use of intoxicating liquors; an habitual drunkard. Any person who habitually, whether continuously or periodically, indulges in the use of intoxicating liq

Dlsqualification or legal incapacity to be elected to an office. Thus, an alien or naturalized citizen is ineligible to be elected president of the United States. Carroll v. Green,

Disqualified to be elected to an office; also disqualified to hold an office if elected or appointed to it. State v. Murray, 28 Wis. 99, 9 Am. Rep. 489.

In envy or hatred of a neighbor. Where an act is done, or action brought, solely to hurt or distress another, it is said to be in emulatio-nem vicini. 1 Kames, Eq. 56.

In the greater is always included the less also. Dig. 50, 17, 110.

In a court of equity, as distinguished from a court of law; in the purview, consideration or contemplation of equity; according to the doctrines of equity.

In being. Actually existing. Distinguished from in posse, which means "that which is not, but may be." A child before birth is in posse; after birth, in esse.

In a gift there may be manner, condition, and cause; as [ut] introduces a manner; if, [si,] a condition; because, [quia,] a cause. Dyer, 138.

Lat. It is implied of right; it ls implied by law.

Included in the evidence already adduced. The "facte in evidence" are such as have already bcen proved in the cause.

Incapable of being avoided; fortuitous; transcending the power of human care, foresight or exertion to avoid or prevent, and therefore suspending legal relations so far as to excus

An inevitable accident is one produced by an irresistible physical cause; an accident which cannot be prevented by human skill or foresight, but results from natural causes, such a

A guard; a watchman. Domesday. '

In exchange. Formal words in old deeds of exchange.

In Issue. De materia in exitu, of the matter in issue. 12 Mod. 372.

In the construction of instruments, bad grammar is to be avoided as much as possible. 6 Coke, 39; 2 Pars. Cont 26.

In extension; at full length ; from beginning to end, leaving out nothing.

In extremity; in the last extremity; in the last illness. 2 Bl. Comm. 375, 500; Prince v. Hazleton, 20 Johns. (N. Y.) 502, 11 Am. Dec. 307. Agens in extremis, being in extremity. B

In the face of the court Dyer, 28.

In the face of the church. A term applied in the law of England to marriages, which are required to be solemnized in a parish church or public chapel, unless by dispensation or lic

In doing; in feasance; in the performance of an act 2 Story, Eq. Jur. § 1308.

Actual, real; as distinguished from implied or interred. Resulting from the acts of parties, instead of from the act or intendment of law.

In fact; in deed. In facto dicit, in fact says. 1 Salk. 22, pi. L

In an act or deed which admits of being considered as both good and bad, the law intends more from the good than from the bad; the law makes the more favorable construction. Co. Li

In old English law. Exposed upon the sands or sea-shore. A species of punishment mentioned in Heng-ham. Cowell.

Lat Infamy; ignominy or disgrace. By infamia juris is meant infamy established by law as the consequence of crime; infamia facti is where the party is supposed to be guilty of such

Lat. In Roman law. A person whose right of reputation was diminished (involving the loss of some of the rights of citizenship) either on account of his infamous avocation or becaus

See Crime.

A qualification of a man's legal status produced by his conviction of an infamous crime and the consequent loss of honor and credit, which, at common law, rendered him incompetent

Minority; the state of a person who is under the age of legal majority, —at common law, twenty-one years. 'According in the sense in which this term is used, it may denote the cond

In old English law. A privilege of lords of certain manors to judge any thief taken within their fee.

Lat In the civil law. A child under the age of seven years; so calied "quasi impos fandi," (as not having the faculty of speech.) Co.d. Theodos, 8, 18, 8.

An infant does not differ much from a lunatio Bract. 1. 3, c. 2, § 8; Dig. 50, 17, 5, 40; 1 Story, Eq. Jur. §§ 223, 224, 242.

A person within age, not of age or not of full age; a person under the age of twenty-one years; a minor. Co. Litt. 171b; 1 Bl. Comin. 463-466 ; 2 Kent, Comm. 233.

Lat In the civil law. The period of infancy between birth and the age of seven yearn. Calvin.

The murder or killing of an infant soon after its birth. The fact of the birth distinguishes this act from "foeticide" or "procuring abortion," which terms denote the destruction o

The statute 18 & 19 Viet. c. 43. By virtue of this act every infant, (if a male, of twenty, or, if a female, of seventeen, years,—section 4,) upon or in contemplation of marriage,

In Spanish law. A person of noble birth, who exercises within his domains and inheritance no other rights and privileges than those conceded to him. Es-criche.

In things favored, what profits is more regarded than what prejudices. Bac. Max. p. 57, in reg. 12.

In favor of liberty.

In favor of life.

In favor of life, liberty, and innocence, every presumption is made. Lofft. 125.

In medical jurisprudent The transmission of disease or disease germs from one person to another, either directly by contact with morbidly affected surfaces, or more remotely throug