« SebelumnyaLanjutkan »
The act of congress of March 1, 1817, 3 Story, L. U. S. 1622, provides:
§ 1. That, after the thirtieth 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.
§ 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.
§ 4. That no goods, wares, or merchandise, shall be imported, under penalty of forfeiture thereof, from one port of tho 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 merchandise, 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.
§ 6. That after the thirtieth 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.
§ 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.
IMPORTUNITY. Tiresome solicitation. In cases of wills and devises, they 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.
IMPOSSIBILITY. The character of that which cannot be done agreeably to the accustomed order of nature. 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; lb. 44, 7, 31; lb. 50, 17, 185; lb. 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. § 949. 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. 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. Jun 67; Code, lib. 5,1.17,1. 10; Poynt. on Marr. and Div. ch. 8; 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. 377; 1 Par. & Fonbl. 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, § 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 Phillim. R. 147; 1 Hagg. Eccl. R. 523.
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.
IMPRISONMENT, is 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 the party in a civil suit, or arrest in execution. 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. 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 imprisonmcut, (q. v.) means any illegal imprisonment either with or without process whatever, or under colour of process wholly illegal, without regard to any question whether any crime has been committed or a debt due. As to what will amount to an imprisonment, the most obvious modes are confinement in a prison or a private house, but a forcible detenttion 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 office, 1 Esp. R. 431; New Rep. 211; 1 Carr. & Payn. 153; S. C. 11 Eng. Com. Law R. 351; and if in consequence of a message from a sheriff's officer holding a writ, the defendant execute and send him a bail bond, such submission to the process will not constitute an arrest. 6 Bar. & Cres. 528; S. C. 13 Eng. Com. Law Rep. 245; Bowl, & R. 233. Vide, generally, 14 Vin. Ab. 342 ; 4 Com. Dig. 618; 1 Chit. Pr. 47; Merl. Repert. mot Emprisonnement; 17 Eng. Com. L. R. 246, n.
IMPROBATION. The act by which perjury or falsehood is proved. Techn. Diet. h. t.
IMPROPRIATION, eccl. law. The act of employing the revenues of a church living to one's own use; it is also a parsonage or ecclesiastical living in the hands of a layman, or which descends by inheritance. Techn. Diet. h. t.
IMPROVEMENT, estate*. This term is of doubtful meaning. It would seem to apply principally to buildings, though generally it extends to every amelioration of every description of property, whether real or personal; it is generally explained by other words. 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 mill-stones set up by the lessee during the term, although the custom of the country in general authorised 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 Pro fits.
IMPROVEMENT, rights. Is an
addition of some useful thing to a machine, manufacture or composition of matter. The patent law of July 4, 1836, authorises 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. & Aid. 540; 2 Kent, Com. 370.
IMPUBER, in the 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 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.
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. 4S3; 6 N. S. 28; Id. 113; Poth. Ob. n. 539, 565, 570 ; Durant. Des Contr. Liv. 3, t. 3, § 3, n. 191; 10 L. R. 232, 352; 7 Toull. n. 173, p. 246.
IN ALTO LOCO. In another place. Vide Cepit in alio loco.
IN AUTRE DROIT. In another's right. An executor, administrator or trusteee, is said to have the property confided to him in such character in autre droit.
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. y.) 3 Chit. Pr. 890. 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 theassault in January, he cannot aban« don 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. Vide Commendam.
IN ESSE. In being. A thing in existence. It is used in opposi
tion 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 LIMINE, in or at the beginning. This phrase is frequently used, as, the courts are anxious to check crimes in limine.
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." 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. Vide Mora,in.
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.
IN PERSONAM, remedies. A remedy in personam, is one where the proceedings are against the person, in contradistinction of those which are against specific things, or in rem. (q. v.)
IN REM, remedies. This tech nical term is used to designate proceedings or actions instituted against the thing, in contradistinction to personal actions which are said to be in personam. Courts of admiralty enforce the performance of a contract by seizing into their custody the very subject of hypothecation; for in these cases the parties are not personally bound, and the proceedings are confined to the thing in specie. Bro. Civ. and Adm. Law, »8; and see 2 Gall. R. 200; 3 T. R. 269, 270. 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 SOLIDO, a term used in the civil law, to signify that a contract is joint. 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 favour 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 favour 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. Obi. pt. 2, c. 3, art. 7. The common law is exactly the reverse of this, for a general obligation in favour 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's Poth. vol. 2, p. 56. See tit. Joint and Several; Parties to action.—2. An obligation is contracted in solido on the part of the debtors, when each of them is obliged for the whole, but so that a payment made by one liberates them all. Poth. Obli. pt. 2, c. 3, art. 7, s. 1. See 9 M. R. 322; 5 L. R. 287 ; 2 N. S.140; 3 L. R. 352; 4 N. S. 317; 5 L. R. 122; 12 M. R. 216.
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 TRANSITU. See Stoppage in transitu.
IN VENTRE SA MERE, in his mother's womb.—1. In law a child is for all beneficial purposes consider