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The act of congress of March 1, 1817, 3 Story, L. U. S. 1622, provides :

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 de

§ 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 mer-part from the United States prior to chandise, imported into the United the first day of May next, until after States contrary to the true intent their return to some port of the and meaning of this act, and the ship United States. 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 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

§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. | several of the Americen states, the 551, 2.

IMPOSSIBILITY.

marriage may be declared void ab The charac- initio. Com. Dig. Baron and Feme, (C 3); Bac. Ab. Marriage, &c. E 3; i Bl. Com. 440; Beck's Med. Jur. 67; Code, lib. 5, t. 17, l. 10; Poynt. on Marr. and Div. ch. 8; Merl. Rép. 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.

ter 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; Ib. 44, 7, 31; Ib. 50, 17, 185; Ib. 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 Fieffé Lacroix, h. t.; Com. Dig. Conditions, D 1 & 2; Vin. Ab. Conditions, C a, D a, E a. 725. See, as to the signs of impoIMPOSTS. This word is some-tence, 1 Briand, Méd. Lég. c. 2, art. times 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

2, § 2, n. 1; Dictionnaire des Sciences Médicales, art. Impuissance; and, generally, Trebuchet, Jur. de la Méd. 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 impri

sonment, (q. v.) means any illegal IMPROVEMENT, estates. This imprisonment either with or without term is of doubtful meaning. It would process whatever, or under colour of seem to apply principally to buildprocess wholly illegal, without regard ings, though generally it extends to to any question whether any crime every amelioration of every descriphas been committed or a debt due. tion of property, whether real or As to what will amount to an impri- personal; it is generally explained sonment, the most obvious modes by other words. Where, by the are confinement in a prison or a terms of a lease the covenant was private house, but a forcible detent- to leave at the end of the term a tion in the street, or the touching of water-mill with all the fixtures, fasa person by a peace officer by way tenings, and improvements, during of arrest, are also imprisonments. the demise fixed, fastened, or set up Bac. Ab. Trespass, D 3; 1 Esp. R. on or upon the premises, in good 431, 526. It has been decided that plight and condition, it was held to lifting up a person in his chair, and include a pair of new mill-stones set carrying him out of the room in up by the lessee during the term, which he was sitting with others, although the custom of the country and excluding him from the room, in general authorised the tenant to was not an imprisonment, 1 Chit. | remove them. 9 Bing. 24; 3 Sim. Pr. 48; and the merely giving 450; 2 Ves. & Bea. 349. Vide 3 charge of a person to a peace officer, Yeates, 71; Addis. R. 335; 4 Binn. not followed by any actual appre- R. 418; 5 Binn. R. 77; 5 S. & R. hension of the person does not | 266 ; 1 Binn. R. 495; 1 John. Ch. amount to an imprisonment, though R. 450; 15 Pick. R. 471. Vide Prothe party to avoid it, next day attend fits. at a police office, 1 Esp. R. 431; IMPROVEMENT, rights. Is an New Rep. 211; 1 Carr. & Payn. addition of some useful thing to a 153; S. C. 11 Eng. Com. Law R. machine, manufacture or composition. 351; and if in consequence of a of matter. The patent law of July message from a sheriff's officer hold- | 4, 1836, authorises the granting of a ing a writ, the defendant execute and patent for any new and useful im send him a bail bond, such submis-provement on any art, machine, sion to the process will not constitute manufacture or composition of matan arrest. 6 Bar. & Cres. 528; S. ter. Sect. 6. It is often very diffiC. 13 Eng. Com. Law Rep. 245; Dowl. & R. 233. Vide, generally, 14 Vin. Ab. 342; 4 Com. Dig. 618; 1 Chit. Pr. 47; Merl. Répert. mot Etnprisonnement ; 17 Eng. Com. L. R. 246, n.

IMPROBATION. The act by which perjury or falsehood is proved. Techn. 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. Techn. Dict. h. t.

cult 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, 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. 483; 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 ALIO 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.

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, IN CHIEF. Evidence is said to broken rascal, he has broken twice, be in chief when it is given in sup- and I'll make him break a third port of the case opened by the lead-time, was gravely asserted not to be ing counsel. Vide To Open-Open- actionable-"ne poet dar porter ing. The term is used to distinguish evidence of this nature from evidence obtained on a cross-examination, (q. v.) 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 the assault 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 Com- 252; 1 Str. 684; 9 Mass. R. 532; mendam. 1 Burr. 410; T. Ray. 231. It is IN ESSE. In being. A thing a general rule that the plea in nullo in existence. It is used in opposi- est erratum confesses the fact as

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.

as

IN MORA. Vide Mora, in. IN NULLO EST ERRATUM, pleading. A plea to errors signed 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.

signed 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.)

them all. This is called solidity of obligation. Poth. Obl. 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 IN REM, remedies. This tech- different conclusion. Evans's Poth. nical term is used to designate pro- vol. 2, p. 56. See tit. Joint and ceedings or actions instituted against Several; Parties to action.-2. An the thing, in contradistinction to per- obligation is contracted in solido on sonal actions which are said to be the part of the debtors, when each of in personam. Courts of admiralty them is obliged for the whole, but so enforce the performance of a con- that a payment made by one liberates tract by seizing into their custody them all. Poth. Obli. pt. 2, c. 3, the very subject of hypothecation; art. 7, s. 1. See 9 M. R. 322; 5 L. for in these cases the parties are not R. 287; 2 N. S. 140; 3 L. R. 352 ; personally bound, and the proceed-4 N. S. 317; 5 L. R. 122; 12 M. ings are confined to the thing in specie. Bro. Civ. and Adm. Law, IN TERROREM. By way of 98; and see 2 Gall. R. 200; 3 T. threat, terror, or warning. For exR. 269, 270. There are cases ample, when a legacy is given to a however where the remedy is either person upon condition not to dispute in personam or in rem. Seamen, the validity or the dispositions in for example, may proceed against wills and testaments, the conditions the ship or cargo for their wages, are not in general obligatory, but and this is the most expeditious only in terrorem; if, therefore, there 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.

R. 216.

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 acquies. cence 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 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 IN TERROREM POPULI, to others, each of these is only creditor the terror of the people. An indictfor his own share, but he may con-ment for a riot is bad unless it con-tract with each of them for the clude in terrorem populi. 4 Carr. & whole when such is the intention of Payne, 373. 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

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.

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