« SebelumnyaLanjutkan »
alive; and, if born alive, by what means it came to its death. 1 Beck's Med. Jur. 331 to 428, where these several questions are learnedly considered. See also 1 Briand, Med. Leg. prem. part. c. 8; Cooper's Med. Jur. h. t. Vide Ryan's Med. Jun 137.
INFEOFFMENT, estates. The act or instrument of feoffment, (q. v.) In Scotland it is synonymous with sasine, meaning the instrument of possession; formerly it was synonymous with investiture. Bell's Sc. L. Diet. h. t.
INFERENCE. It is a conclusion drawn by reason and common sense from premises established by proof. It is the province of the judge who is to decide upon the facts to draw the inference. When the facts are submitted to the court, the judges draw the inference; when they are to be ascertained by a jury, it is their duty to do so. The witness is not permitted in any case to draw the inference, and testify that to the court or jury. It is his duty to state the facts simply as they occurred. Inferences differ from presumptions, (q. v.)
INFERIOR COURTS. By this term are understood all courts except the supreme courts.
INFIDEL, persons, evidence, is one who does not believe in the existence of a God, who will reward or punish in this world or that which is to come. Willes's R. 550. This term has been very indefinitely applied, and has been by different persons made to express almost opposite ideas. Under the name of infidel, Lord Coke comprises Jews and heathens. 2 Inst. 506; 3 Inst. 165; and Hawkins includes among infidels such as do not believe either in the Old or New Testament. Hawk. P. C. b 2, c. 46, s. 148. It is now settled that when the witness believes in a God who will reward or punish him even in this world^he is compe
tent. Willes, R. 550. His belief may be proved from his previous declarations and avowed opinions, and when he has avowed himself to be an infidel, he may show a reform of his conduct, and change of his opinion since the declarations proved; when the declarations have been made for a very considerable space of time, slight proof will suffice to show he has changed his opinion. There is some conflict in the cases on this subject, some of them are here referred to, 18 John, R. 98; 1 Harper, R. 62; 4 N. Hamp. R. 444; 4 Day's Cas. 51; 2 Cowen, R. 431, 433 m, 572; 7 Conn. R. 66; 2 Tenn. R. 96; 4 Law Report. 268; Alis. Pr. Cr. Law, 438; 5 Mason, 16; 15 Mass. 184; 1 Wright, 345; So. Car. Law Journ. 202. Vide Atheist; Future state.
INFIRM. To be in want of health. When a witness is infirm to an extent likely to destroy his life, or to prevent his attendance at the trial, his testimony de bene esse may be taken at any age. 1 P. Will. 117; see Aped witness; Going witness.
INFLUENCE. Authority, credit, ascendance. Influence is proper or or improper. Proper influence is that which one person gains over another by acts of kindness and attention, and by correct conduct, 3 Serg. & Rawle, 269. Improper influence is that dominion acquired by any person over a mind of sanity for general purposes, and of sufficient soundness and discretion to regulate his affairs in general, which prevents the exercise of his discretion, and destroys his free will. 1 Cox's Cas. 355. When the former is used to induce a testator to make a will, it will not vitiate it, but when the latter is the moving cause, the will cannot stand. 1 Hagg. R. 581; 2 Hagg. 142 ; 5 Serg. & Rawle, 207; 13 Serg. & Rawle, 323; 4 Greenl. R. 220; 1 Paige, R. 171.
INFORMATION, is an accusation or complaint made in writing to a court of competent jurisdiction, charging some person with a specific violation of some public law. It differs in nothing from an indictment in its form and substance, except that it is filed at the discretion of the proper law officer of the government, ex officio, without the intervention or approval of a grand jury. 4 Bl. Com. 308, 9. In the French law the term information is used to signify the act or instrument which contains the depositions of witnesses against the accused. Poth. Proc. Cr. sect. 2, art. 5. Informations have for their object either to punish a crime or misdemeanor, and these have, perhaps, never been resorted to in the United States; or to recover penalties or forfeitures, which are quite common. For the form and requisites of an information for a penalty, see 2 Chit. Pr. 155 to 171. Vide Blake's Ch. 49; 14 Vin. Ab. 407; 3 Story Const. § 1780; 3 Bl. Com. 261.
In summary proceedings before justices of the peace the complaint or accusation, at least when the proceedings relate to a penalty, is called an information, and it is then taken down in writing and sworn to. As the object is to limit the informer to a certain charge, in order that the defendant may know what he has to defend, and the justice may limit the evidence and his subsequent adjudication to the allegations in the information, it follows that the substance of the particular complaint must be stated, and it must be sufficiently formal to contain all material averments, 8 T. R. 286; 5 Barn. & Cres. 251 ; 11 E. C. L. R. 217; 2 Chit. Pr. 156. See 1 Wheat. R. 9.
INFORMATION IN THE NA. TURE OF A WRIT OF QUO WARRANTO, remedies. The name of a proceeding against any one who usurps a franchise or office. Inform.
ations of this kind are filed in the highest courts of ordinary jurisdiction in the several states, either by the attorney-general, of his own authority, or by the prosecutor, who is entitled, pro forma, to use his name, as the case may be. 6 Cowen, R. 102, n. ; 10 Mass. 290; 2 Dall. 112; 2 Halst. R. 101; 1 Rep. Const. Ct. (So. Car.) 96; 3 Serg. & Rawle, 52 ; 15 Serg. & Rawle, 127; though, in form, these informations are criminal, they are, in their nature, but civil proceedings. 3 T. R. 484; Kyd on Corp. 439; they are used to try a civil right, or to oust a wrongful possessor of an office. 3 Dall. 490; 1 Serg. & Rawle, 385. For a full and satisfactory statement of the law on this subject, the reader is referred to Angell on Corp. ch. 20, p. 469. And see Quo Warranto.
IMFORMATUS NON SUM, pleading, practice, i. e., I am not informed; a formal answer made in court, or put upon record by an attorney when he has no more to say in defence of his client.
INFORMER. A person who informs or prefers an accusation against another, whom he suspects of the violation of some penal statute. When the informer is entitled to the penalty or part of the penalty, upon the conviction of an offender, he is, or is not a competent witness, accordingly as the statute creating the penalty has or has not made him so, 1 Phil. Ev. 97; Rose. Cr. Ev. 107; 5 Mass. R. 57; 1 Dall. 68 ; 1 Saund. 262, c. Vide articles, Prosecutor / Rewards
INFORTIATUM, civil law. The second part of the Digest or Pandects of Justinian, is called infortiatum, see Digestum infortiatum. This part, which commences with the third title of the twentyfourth book, and ends with the thirtyeighth book, was thus called because it was the middle part, which, it was said, was supported and fortified by the two others. Some have supposed that this name was given to it, because it treats of successions, substitutions and other important matters, and being more used than the others, produced greater fees to the lawyers.
INFRA PR^ESIDIA. This term is used in relation to prizes, to signify that they have been brought completely in the power of the captors that is within the towns, camps, ports or fleet of the captors. Formerly, the rule was, and perhaps still in some countries is, that the act of bringing a prize infra prasidia, changed the property, but the rule now established is, that there must be a sentence of condemnation to effect this purpose. 1 Rob. Adm. R. 134; 1 Kent's Com. 104; Chit. Law of Nat. 98; Abb. Sh. 14.
INFUSION, med. jur. A pharmaceutical operation, which consists in pouring R hot or cold fluid upon a substance, whose medical properties it is desired to extract. Infusion is also used for the product of this operation. Although infusion differs from decoction, (q. v.) they are said to be ejusdem generis, and in the case of an indictment which charged the prisoner with giving a decoction, and the evidence was that he had given an infusion, the difference was held to be immaterial. 3 Camp. R. 74.
INGENUI, civ. law, were those freemen who were born free. They were a class of freemen, distinguished from those who, born slaves, had afterwards legally obtained their freedom; the latter were called at various periods, sometimes liberti, sometimes libertini. An unjust or illegal servitude did not prevent a man from being ingenuus.
INGRATITUDE is the forgetfulness of a kindness or benefit. In the civil law, ingratitude on the part
of a legatee, was sufficient to defeat a legacy in his favour. In Louisiana, donations inter vivos are liable to be revoked or dissolved on account of the ingratitude of the donee; but the revocation on this account can take place only in the three following cases: 1, if the donee has attempted to take the life of the donor; 2, if he has been guilty towards him of cruel treatment, crimes or grievous injuries; 3, if he has refused him food when in distress. Civ. Code of Lo. art 1540, 1547; Poth. Donations entrevifs, s. 3, art. 1, § 1. There are no such rules in the common law. Ingratitude is not punishable by law.
INGRESS, EGRESS and REGRESS. These words are frequently used in leases to express the right of the lessee to enter, go upon, and return from the lands in question.
INGRESSU. An ancient writ of entry, by which the plaintiff or complainant sought an entry into his lands. Techn. Diet. h. t.
INGROSSING, practice, the act of copying from a rough draft a writing in order that it may be executed; as ingrossing a deed.
INHABITANT, one who has his domicil in a place is an inhabitant of that place; one who has an actual fixed residence in a place. A mere intention to remove to a place will not make a man an inhabitant of such place, although as a sign of such intention he may have sent his wife and children to reside there, 1 Ashm. R. 126; nor will his intention to quit his residence, unless consummated, deprive him of his right as an inhabitant. 1 Dall. 480. Vide 10 Ves. 339; 14 Vin. Ab. 420; 1 Phil. Ev. Index, h. t.; Const. of Mass. part 2, c. 1, s. 2, a. 1; Kvd on Corp. 321; Anal, des Pand. de Poth mot Habitans; Poth. Pand. lib. 50, t. 1, s. 2; 6 Adolp. <& Ell. 153; 33 Eng. Com. Law Rep. 31.
INHERITANCE, estates, is a perpetuity in lands to a man and his heirs. The term inheritance includes not only lands and tenements which have been acquired by descent, but also every fee simple or fee tail, which a person has acquired by purchase, may be said to be an inheritance, because the purchaser's heirs may inherit it. Litt. sec. 9. Estates of inheritance are divided into inheritance absolute, or fee simple; and inheritances limited, one species of which is called fee tail. They are also divided into corporeal, as houses and lands; and incorporeal, commonly called incorporeal hereditaments, (q. v.) 1 Cruise Dig. 68; Sw. 163; Poth. des Retraits, n. 28.
INHIBITION, Scotch law, is a personal prohibition which passes by letters under the signet, prohibiting the party inhibited to contract any debt, or do any deed, by which any part of the lands may be aliened or carried off, in prejudice of the creditor inhibiting. Ersk. Pr. L. Scot. B. 2, t. s. 2. See Diligences.
INHIBITION, Eng. law, is the name of a writ which forbids a judge from further proceeding in a cause depending before him; it is in the nature of a prohibition. T. de la Ley; F. N. B. 39.
INITIAL, placed at the beginning. The initials of a man's name are the first letters of his name, as, G. W. for George Washington. When in a will the legatee is described by the initials of his name only, parol evidence may be given to prove his identity. 3 Ves. 148.
INITIALIA TESTIMONII, Scotch law. Before a witness can be examined in chief, he may be examined with regard to his disposition, whether he bear good or ill will towards either of the parties; whether he has been prompted what to say; whether he has received a bribe, and the like. This previous examination,
which somewhat resembles our voir dire is called initialia testimonii.
INITIATIVE, French law. The name given to the important prerogative given by the chartt constitutionelle, art. 16, to the king to propose through his ministers projects of laws. 1 Toull. n. 39.
INJUNCTION, remedies, chancery practice. An injunction is a prohibitory writ, specially prayed for by a bill, in which the plaintiff's title is set forth, restraining a person from committing or doing an act (other than criminal acts,) which appear to be against equity and conscience. Mitf. PI. 124; 1 Madd. Ch. Pr. 126. Injunctions are of two kinds, the one called the writ remedial, and the other the judicial writ.
1. The former kind of injunction, or remedial writ, is in the nature of a prohibition, directed to, and controlling, not the inferior court, but the party. It is granted when a party is doing or is about to do an act against equity or good conscience, or litigious or vexatious; in I these cases the court will not leave the party to feel the mischief or inconvenience of the wrong, and in vain look for redress, but will interpose its authority to restrain such unjustifiable proceedings. Remedial injunctions are of two kinds; common or special. 1. It is common when it prays to stay proceedings at law, and will be granted of course; as, upon an attachment for want of an appearance, or of an answer; or upon a dedimus obtained by the defendant to take his answer in the country; or upon his praying for time to answer, &c. Newl. PI. 92; 13 Ves. 323.—2. A special injunction is obtained only on motion or petition, with notice to the other party, and is applied for, sometimes on affidavit before answer, but more frequently upon the merits disclosed in the defendant's answer. Injunctions before answer are granted in cases of waste and other injuries of so urgent a nature, that mischief would ensue if the plaintiff were to wait until the answer were put in; but the court will not grant an injunction during the pendency of a plea or demurrer to the bill, for until that be argued, it does not appear whether or not the court has jurisdiction of the cause. The injunction granted in this stage of the suit, is to continue till answer or further order; the injunction obtained upon the merits confessed in the answer, continues generally till the hearing of the cause.
An injunction is generally granted for the purpose of preventing a wrong, or preserving property in dispute pending a suit. 'Its effect in general is only in personam, that is, to attach and punish the party if disobedient in violating the injunction. Ed. Inj. 363; Hai r. Ch. Pr. 552.
The principal injuries which may be prevented by injunction relate to the person, to personal property, or to real property. These will be separately considered.
1. With respect to the person, the chancellor may prevent a breach of the peace by requiring sureties of the peace. A court of chancery has also summary and extensive jurisdiction for the protection of the relative rights of persons, as between husband and wife, parent and child, and guardian and ward; and in these cases on a proper state of facts, an injunction will be granted. For example, an injunction may be obtained by a parent to prevent the marriage of his infant son. 1 Madd. Ch. Pr. 348; Ed. Inj. 297; 14 Ves. 206; 19 Ves. 282; 1 Chitt. Pr. 702.
2. Injunctions respecting personal property are usually granted, 1st, to restrain a partner or agent from
making or negotiating bills, notes, or contracts, or doing other acts injurious to the partner or principal. 3 Ves. Jr. 74; 3 Bro. C. C. 15; 2 Campb. 619; 1 Price, R. 503; 1 Mont. on Part. 93; 1 Madd. Ch. Pr. 160; Chit. Bills, 58, 61; 1 Hov. Supp. to Ves. jr. *335; Woodd. Lect. 416.—M. To restrain the negotiation of bills or notes obtained by fraud, or without consideration. 8 Price, R. 631 ; Chit. Bills, 31 to 41; Ed. Inj. 210; Blake's Ch. Pr. 338; 2 Anst. 519; 3 Anst. 851; 2 Ves. jr. 493; 1 Fonb. Eq. 43; 1
Madd. Ch. Pr. 154 3d. To deliver
up void or satisfied deeds. 1 V. & B. 244; 11 Ves. 535; 17 Ves. 111.—4th. To enter into and deliver a proper security. 1 Anst. 49. —5th. To prevent breaches of covenant or contract, and enjoin the performance of others. Ed. Inj. 308.— 6th. To prevent a breach of confidence or good faith, or to prevent other loss; as, for example, to restrain the disclosure of secrets, which came to the defendant's knowledge in the course of any confidential employment. 1 Sim. R. 483; and see 1 Jac. & W. 394.—7th. To prevent improper sales, payments, or conveyances. Chit. Eq. Dig. tit. Practice, xlvii.—?th. To prevent loss or inconvenience; this can be obtained on filing a bill quia timet, (q. v.) 1 Madd. Ch. Dr. 218 to 225.—9th. To prevent waste of property by an executor or administrator. Ed. Inj. 300; 1 Madd. Ch. Pr. 160,224.— 10th. To restrain the infringement of patents; Ed. Inj. ch. 12; 14 Ves. 130; 1 Madd. Ch. Pr. 137; or of copyrights; Ed. Inj. ch. 13; 8 Ves. 225; 17 Ves. 424—11th. To stay proceedings in a court of law. These proceedings will be stayed when justice cannot be done in consequence of accident, 1 John. Cas. 417; 4 John. Ch. R. 287, 194; Latch, 24, 146, 148; 1 Vera, 180,