The Cyclopedic Law Dictionary

To have delay. Literally, to "speak with" (the plaintiff). The original object of an imparlance was to obtain time for an amicable adjustment. 3 Bl. Comm. 299. But the actual objec

One In possession of a benefice.

The act ot a patron in putting one into possession of a benefice.

To accuse; to question the sufiiciency or genuineness of. To proceed by impeachment (q. v.). In the Law of Evidence. To call In question the veracity of a witness, by means of evid

In English Law. 'The prosecution of a peer or commoner by the house of commons at the bar of the house of lords for treason, high crimes, or misdemeanors. 6 Enc. Laws Eng. 318. In

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 gra Yited, and therefo

or IMPESCARE (Law Lat.) To impeach or accuse. CowelL IMPEDIENS (Law Lat.) In old practice. One who hinders; an impedient. The defendant or deforciant in a fine was sometimes so cal

Legal hindrances to making contracts. Some of these impediments are minority, want of reason, coverture, and the like. See "Contract"; "Incapacity." In Civil Law. Bars to marriage.

In Spanish law. A prohibition to contract marriage, established by law between certain persons. The disabilities arising from this cause are twofold, viz.: (1) Impedimento diriment

See "Mandatory."

Emperor. This was the title of the Roman emperor and of the English kings before the Conquest. 1 BI. Comm. 242.

Those which are not, in view of the law, of binding force.

A trust which has not been executed. See "Trust." IMPERII MAJESTAS EST TUTELAE SAlus. The majesty of the empire is the safety of its protection. Co. Litt. 64.

Unskillfulness.

Ignorance or want of skill is considered a fault, i. e., a negligence, for which one who professes skill is responsible. Dig. 60. 17. 132; 1 Bouv. Inst, note 1004; 2 Kent, Comm. 58

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 Tou Ui

See "Impechiare."

Impeachment of waste (q. v.). IMPETRARE (Lat.) In old English practice. To obtain by request, as a writ or privilege. Bracton, fols. 57, 172b. This application of the word seems to

The obtaining anything by prayer or petition. In the ancient English statutes, it signifies a preobtaining of churches benefices in England from the church of Rome, which belonged

Umpire. IMPIERMENT (Law Fr.) Impairing or prejudicing, St. 23 Hen. VIII. c. 9. Blount; Kdham. I M PIG NO RATA (Law Lat.) Pledged; given in pledge (.pignori data); mortgaged. A term

In practice. To sue or prosecute by due course of law. 9 Watts (Pa.) 47. IMPLEADED (Lat. implaeitatus). Sued or prosecuted. Still used in practice. The word is not synonymous with

An inference of something not directly declared, but arising from what is admitted or expressed. See terms defined under "Implied."

Arising by intendment or Inference, rather than by actual expression in words.

See "Abrogation."

See "Assumpsit."

See "Condition."

See "Consideration."

See "Contract."

See "Covenant."

Malice presumed or implied by law from the acts of a party and the circumstances of a case; malice inferred from any deliberate, cruel act committed by one person against another,

By an implied power is meant one that is directly and immediately appropriate to the execution of the specific power granted, and not one that has slight or remote relation to it.

See "Trust."

See "Eesulting Use."

See "Warranty."

In common law. The act of bringing goods and merchandise into a country from a foreign country. 5 Cranch (U. S.) 368; 9 Granch (U. S.) 104, 120; 2 Man. & G. 155, note (a).

Goods or other property imported or brought into a country from foreign territory. Story, Const. § 949. See (U. S.) Const, art. 1, §10; 7 How. (U. S.) 477.

Urgent solicitation, with troublesome frequency and pertinacity. Generally applied to solicitation of a testa-

(Lat.) In old English law. An imposition, tax, or tribute. The older expression was Tnaletot. Stat. Confirm. Chartar. c. 7. 2 Inst, 530.

Imposts, taxes, or contributions.

That which. In the constitution and course of nature or the law, no man can do or perform. Impossibility is of the following several sorts: An act is physically impossible when it

Such contracts as cannot be performed, either because of the nature of the obligation undertaken, or because of some supervening event which renders the performance of the obligati

Taxes, duties, or impositions. A duty on imported goods or merchandise. Federalist, No. 30; Elliott, Deb. 289; Story, Const. § 949; 12 Wheaton (U. S.) 437. In a larger sense it is

In medical jurisprudence. The incapacity for copulation or propagating the species. It has also been used as synonymous with "sterility." The principal use of the term is as a grou

Impossibility is an excuse in the law. Co. Litt. 29; Broom, Leg. Max. (3d London Ed.) 223.

Impotence; Impossibility.

PROPERTY PROPTER. See "Property Propter Impotentiam."

To place in a pound goods or cattle distrained or estray. 3 Bl. Comm. 12.

The state of being incapable of prescription. A property which is held in trust is imprescriptible, that is, the trustee cannot acquire a title to it by prescription; nor can the b

Rights to which no claim can be acquired by prescription.

A power possessed by the English crown of taking persons or property to aid in the defense of the country, with or without the consent of the persons concerned. It is usually exerc

In some of the ancient English statutes, this word is used to signify a printing office, the art of printing, a print or impression. an instrument, especially in wills, item being

The restraint of a man's liberty. 2 Bish. Grim. Law, § 669. The restraint of a person contrary to his will. 2 Inst. 589; 1 Baldw. (U. S.) 239, 600. Any forcible detention of a man'

Followers or adherents.

In Scotch law. An act by which falsehood and forgery are proved. Ersk. Inst. 4. 119; Stair, Inst. 4. 20; Bell,, Diet.

Derivative feuds, such, for instance, as those that were originally bartered and sold to the feudatory for a price, or were held upon base or less honorable services, or upon a ren

A lay rector.

Tithes in the hands of a lay owner.

In ecclesiastical 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 des

TO impeach as false or forged; to cultivate. 4 Cow. (N. Y.) 190. In Scotch Law. To improve a lease means to grant a lease of unusual duration to encourage a tenant, when the soil i

An amelioration in the condition of real or personal property effected by the expenditure of labor or money for the purpose of rendering it useful for other purposes than those for

In civil law. The application of a payment made by a debtor to his creditor. The debtor may apply his payment as he pleases, with the exception that in case of a debt carrying inte

Negligence of another than the injured person contributing to the injury, and imputed to him by law. As a general rule, contributory negligence will be imputed to another than the

A greater disbursement than the charges amount to; a balance over. 1 Lew. 219. In Pleading. Allegations of matter wholly foreign and impertinent to the cause. AH matter beyond the

A thing is said to be In action when it is not in possession, and for its recovery, the possessor unwilling, an action is necessary. 2 Sharswood, Bl. Comm. 396. See "Chose." IN ADV

The persons seeking relief, and those against whom relief is sought, In any action. Parties are either "of recttrd," being those in whose name the named, but who have a beneficial

A term 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.

What cannot he received in evidence. INAEDIFICATIO (Lat.) In civU law. Building on another's land, with own materials, or on own land with another's materials. Heinec. Elem. Jur. C

A word denoting the condition of those things the property in which cannot be lawfully transferred from one person to another. Public highways and rivers are inalienable. There are

See "Cepit in Alio Loco." IN ALTA PRODITIONE NULLUS POtest esse accessorius sed principalis solummodo. In high treason, no one can be an accessary, but only principal. 3 Inst. 138.

The aldermen are generally a legislative body, having limited judicial powers as a body, as in matters of internal police regulation, laying out and repairing streets, constructing

A court constituted by authority of the articles of war, invested with the power to examine into the nature of any transaction, accusation, or imputation against any officer or sol

In England there is no interregnum. Jenk. Cent. Cas. 205; Broom, Leg. Max. 50. IN APERTA LUCE (Law Lat.) In open daylight; in the daytime. 9 Coke, 65b.

Among the subtleties or extreme doctrines of the law. 1 Kames, Eq. 190. See "Apex Juris."

In the discretion of the court. IN ARCTA ET SALVA CUSTODIA (Law Lat.) In close and safe custody. 3 Bl. Comm. 415.

In the article of death; at the point of death. 1 Johns. (N. Y.) 159. IN ATROCIORIBUS DELICTIS PUNITUR affectus licet non sequatur effectus. In more atrocious crimes, the intent is

A word applied by the Romans to the ceremony of dedicating a temple, or raising a man to the priesthood, after the augurs had been consulted. It was afterwards applied to the insta

(Law Fr.) In or on another's land. Dyer, 36b (Fr. ed.) IN AUTRE DROIT (Law Fr.) In another's right; as representing another. An executor, administrator, or trustee sues in autre dr

Without restriction. Applied to indorsements on promissory notes where no indorsee is named. IN BONIS (Lat.) Among the goods or property; in actual possession. Inst. 4. 2. 2; Tayl.

In marine policy. Not projecting over the rail of the vessel. 46 Jones & S. (N. Y.) 175, 181, 85 N. Y. 478. INBORH (Saxon.) In old English law. A security, pledge, or hypotheca, co

In private; in chambers. IN CAPITA (Lat.) To or by the heads or polls. Thus, where persons succeed to estates in capita, they take each an equal share. So, where a challenge to a j

An ecclesiastical law, in contradistinction to a secular law (lex). 1 Kaufm. Mackeld. Civ. Law, p. 81, § 93.

The want of a quality legally to do, give, transmit, or receive something. See ^'Capacity."

In the cause, as distinguished from in initialibus (q.v.). A term in Scotch practice. 1 Brown, (5h. 252.

or ENCAUSTUM (Lat.) Ink; a fluid anciently used for writing, of which, as appears from the following passage of Bracton, there were two kinds, — the black (incaustum nigrum), and t

The commencement; the beginning. In making a will, for example, the writing is its inception. 3 Coke, 31b; Plowd. 343.

Things uncertain are held for nothing. Dav. 33.

An uncertain quantity vitiates the act. 1 Bolle, 465.

(Lat.) Of uncertain time or date. A title given to some English statutes enacted between Magna Charta and the reign of Edward III.; their period not being ascertained. 2 Reeves' Hi

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. Bish. Mar. & Div. 214- 221. INCH (Lat. uncia). A

To prove that an item in an account before the court as complete, which is inserted to the debit of the person falsifying, should have been omitted. When a bill to open an account

Principal; primary; directly obtained. A term applied to the evidence obtained from a witness upon his examination in court by the party producing him, in relation to the matter in

A mode of sale at one time in use among merchants. A notice is first given upon the exchange, or other public place, as to the time of sale. The goods to be sold are divided into l

This term Is used both substantively and adjectively of a thing which, either usually or naturally and inseparably, depends upon, appertains to, or follows another that is more wor

In general, all sorts of actions and judicial demands. Dig. 44. 7. 58. In Ecclesiastical Law. Causes of instance are those proceeded in at solicitation of some party, as opposed to

NISI TOTA LEGE PR08pecta, una allqua partlcula ejus proposita, judicare, vel respondere. It is Improper, unless the whole law has been examined, to give judgment or advice upon a v

A little book. Lihellus supplex, a petition, especially to emperor, all petitions to whom must be in writing. L. 15, Dig. in jus voc. Libellum rescribere, to mark on such petition

In English law. Inclosure is the act of freeing land from rights of common, commonable rights, and generally all rights which obstruct cultivation and tiie productive employment of

Comprehended in computation. In computing time, as ten days from a particular time, one day is generally to be included, and one excluded. See "Exclusive." INCOLA (Lat. from incole

The gain which proceeds from labor, business, or property of any kind. 44 Pa. St. 347. It is as large a word as can be used to denote a person's receipts (21 Ch. Div. 85), and mean

As the term is ordinarily used, income bonds are bonds which carry interest only so far as the interest is earned from the net income of the corporation, within an interest period.