defect of intensity, or the reflective | elders. Civ. Code of Lo. art. 762 ; power. The latter is occasioned by 2 M. R. 214; 7 L. R. 46; 3 Toull. a want of extensity, or the perceptive p. 410; Poth. Contr. de Societé, n. power. There are various degrees 244. 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, 642; 1 Hagg. Ecc. R. 384; 2 Phillim. R. 449; 1 Litt. R. 252; 5 John. Ch. R. 161; 1 Litt. R. 101; Des Maladies mentales, considérées dans leurs rapports avec la legislation civille et criminelle, 8; Georget, Discussion medico-légale sur la folie, 140.

IMMORALITY. That which is contra bonos moros. 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 libellous 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. It is a general rule, that whenever an agreement appears to be illegal, immoral, or against public policy, a court of justice leaves IMMEDIATE. That which is the parties where it finds them; when produced directly by the act to which the agreement has been executed, the it is ascribed, without the interven- court will not rescind it; when exetion or agency of any distinct inter-cutory, the court will not help the mediate cause. For immediate in- execution. 4 Ohio R. 419; 4 John. juries the remedy is trespass, for R. 419; 11 John. R. 388; 12 John. those which are consequential, an R. 306; 19 John. R. 341; 3 Cow、 action on the case. 11 Mass. R. 59, en's R. 213; 2 Wils. R. 341. 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. 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. 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

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

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

IMMUNITY is an exemption to serve in an office, or to perform 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.

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. The constitution forbids the states to pass any law impairing the obligation of contracts, but there is nothing in that instrument which prohibits congress from passing such a law. Pet. C. C. R. 322. Vide, generally, Story on the Const. § 1368 to 1391; Serg. Const. Law, 356; Rawle on the Const. h. t.; Dane's Ab. Index, h. t.

TO IMPANEL, practice, is to write the names of a jury on a schedule, by the sheriff or other officer lawfully authorised.

IMPARLANCE, pleading and IMPAIRING THE OBLIGA-practice. Imparlance from the TION OF CONTRACTS. The French, parler, to speak, or licentia constitution of the United States, art. loquandi, in its most general signifi1, s. 9, cl. 1, declares that no state cation, means time given by the shall pass any bill of attainder, court to either party to answer the ex post facto law, or law impairing pleading of his opponent, as either to the obligation of contracts." Con- plead, reply, rejoin, &c. and is said tracts when considered in relation to to be nothing else but the continutheir effects are executed, that is, trans-ance of the cause till a further day. fer for the possession of the thing | Bac. Abr. Pleas, G. But the more contracted for, or they are executory, common signification of the term is which gives only a right of action time to plead. 2 Saund. 1, n. 2; 2 for the subject of the contract. Con- Show. 310; Barnes, 346; Lawes, tracts are also express or implied. Civ. Pl. 93, 94. Imparlances are The constitution makes no distinction of three descriptions; first, a combetween one class of contracts and mon or general imparlance; secthe other. 6 Cranch, 135; 7 Cranch, ondly, a special imparlance; and, 164. The obligation of a contract thirdly, a general special imparlance. here spoken of is a legal not a mere 1. A general imparlance is the entry moral obligation; it is the law which of a general prayer and allowance of binds the party to perform his under- time to plead till the next term, withtaking. The obligation does not in-out reserving to the defendant the here or subsist in the contract itself, benefit of any exception; so that proprio vigore, but in the law appli- after such an imparlance the defendcable to the contract. 4 Wheat. R. ant cannot object to the jurisdiction

of the court, or plead any matter in | officer of the United States within the abatement. This kind of imparlance purview of this section of the constiis always from one term to another. tution, and it was decided by the se 2. A special imparlance reserves to nate, by a vote of fourteen against the defendant all exception to the writ, eleven, that he was not: Senate bill, or count; and therefore after it Journ. 10th January, 1799; Story on the defendant may plead in abate- Const. § 791; Rawle on Const. 213, ment, though not to the jurisdiction of 214; Serg. Const. Law, 376. The the court. 3. A general special im- offences for which a guilty officer parlance contains a saving of all ex- may be impeached are treason, bribeceptions whatsoever, so that the defen- ry, and other high crimes and misdant after this may plead, not only in demeanors, art. 2. s. 4. The constiabatement, but he may also plead a tution defines the crime of treason, plea which affects the jurisdiction of art. 3, s. 3. Recourse must be had the court, as privilege. He cannot, to the common law for a definition however, plead a tender and that he of bribery. Not having particularly was always ready to pay, because mentioned what is to be understood by craving time he admits he is not by "other high crimes and misdeready, and so falsifies his plea. Tidd's meanors," resort, it is presumed, Pr. 418, 419. The last two kinds must be had to parliamentary pracof imparlances, are, it seems, some- tice and the common law in order to times from one day to another in the ascertain what they are. Story, § same term. See, in general, Com. 795. The mode of proceeding in the Dig. Abatement, I 19, 20, 21; 1 institution and trial of impeachments Chitt. Pl. 420; Bac. Abr. Pleas, G; is as follows: When a person who 14 Vin. Abr. 335; Com. Dig. Plead- may be legally impeached has been er, D; 1 Sell. Pr. 265; Doct. Pl. guilty, or is supposed to have been 291; Encycl. de M. D'Alembert, guilty, of some malversation in office, art. Delai (Jurisp.) 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 re solution 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 exhib ited in due time, and made good be fore 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 sum.

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 or written accusation is called articles of impeachment. 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. 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

a demand of compensation for waste done by a tenant who has but particular estate in the land granted, and therefore no right to commit waste. 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.

moning 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 resolve themselves 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 IMPEDIMENTS, contracts, legal not appear, his default is recorded objections to the making of a conand the senate may proceed ex parte. tract: impediments which relate to If he does appear, either by himself the person are those of minority, or attorney, the parties are required want of reason, coverture and the to form an issue, and a time is then like: they are sometimes called disassigned for the trial. The proceed- abilities. Vide Incapacity. ings 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. 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 honour, 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, is an allegation, supported by proof, that a witness who has been examined, is unworthy of credit. 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.

IMPEACHMENT OF WASTE, signifies a restraint from committing waste upon lands or tenements; or

IMPERFECT. That which is incomplete. This term is applied to rights and obligations. A man has a right to be relieved by his fellowcreatures 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 favours received, but we cannot be compelled to perform such imperfect obligations. Vide Poth. Ob. art. Préliminaire; Vattel, Dr. des Gens, Prél. notes, § 17; and Obligations.

IMPERTINENT, in practice, pleading. What does not appertain or belong, id est, qui ad rem non pertinet. Evidence of facts which do not belong to the matter in question, is impertinent and inadmissible. 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. There is a difference between matter merely impertinent and that which is scandalous; matter may be impertinent without being scandalous; but if it is

IMPETRATION. The obtaining any thing 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. İMPLEMENTS, are such things as are used or employed for a trade, or furniture of a house.

scandalous, it must be impertinent. | 464, 532: such implication must not In equity a bill cannot, according to only be a possible or probable one, the general practice, be referred for but it must be plain and necessary; impertinence after the defendant has that is, so strong a probability of answered or submitted to answer, intention, that an intention contrary but it may be referred for scandal at to that imputed to the testator canany time, and even upon the applica- not be supposed. 1 Ves. & B. 466; tion of a stranger to the suit. Coop. Willes, 141; 1 Ves. jr. 564; 14 Eq. Pl. 19; 2 Ves. 631; 6 Ves. John. R. 198. Vide, generally, Com. 514; Story, Eq. Pl. § 270. Vide Dig. Estates by Devise, N 12, 13; Gresl. Eq. Ev. p. 2, c. 3, s. 1; 1 2 Rop. Leg. 342; 14 Vin. Ab. 341; John. Ch. R. 103; 1 Paige's R. 555; 5 Ves. 805; 5 Ves. 582; 3 Ves. 676. 1 Edw. R. 350; 11 Price, R. 111; IMPORTATION, comm. law, is 5 Paige's R. 522; 1 Russ. & My. the act of bringing goods and mer28; Scandal. chandize into the United States from a foreign country. 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." 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 authorised 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.

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. is what the Italians call implicata. Targa, chap. 34; Emer. Mar. Loans. s. 5.

This

IMPLICATION, is an inference of something not directly declared, but arising from what is admitted or expressed. It is a rule that when the law gives any thing 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 Bl. Com. 152. An estate in fee simple will pass by implication, 6 John. R. 185; 18 John. R. 31; 2 Binn. R.