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Bouvier's Law Dictionary

Independent Promises
Independent Promises. Those Made In A Contract Upon Which One Party Has A Right Of Action Against The Other For Any In Jury Sustained By Him By Reason Of A Breach Of The Covenants Or Promises In His Favor, And Where An Allegation Of Non-performance Of His Covenant By The ...

Indian
Indian. The Name Of The Aboriginal In Habitants Of America. In General, Indians Had No Political Rights In The United States ; They Could Not Vote At The General Elections For Officers, Nor Hold Office. In New York They Were Considered As Citizens, And Not As Aliens, Owing Allegi Ance ...

Indian Tribe
Indian Tribe. A Separate And Distinct Community Or Body Of The Aboriginal Indian Race Of Men Found In The United States. Such A Tribe, Situated Within The Bounda Ries Of A State, And Exercising The Powers Of Government And Sovereignty, Under The Na Tional Government, Is Deemed Politically A State,-that ...

Indictment
Indictment. A Written Accusation Against One Or More Persons Of A Crime Or Misdemeanor, Presented To, And Preferred Up On Oath Or Affirmation By, A Grand Jury Legal Ly Convoked. 4 Bla. Corn. 299.; Co. Litt. 126 ; 2 Hale, Pl. Cr. 152. An Accusation At The Suit Of The ...

Indictment Felony Merger Torts
Indictment; Felony; Merger; Torts; Civ Il Remedy. Remedies Are Preventive Which Seek Com "ensation, Or Which Have For Their Object Punishment. The Preventive, Or Removing, Or Abating Remedies May Be By Acts Of The Party Aggrieved Or By The Intervention Of Legal Proceedings: As In The Case Of Injuries To ...

Indivisible
Indivisible. That Cannot Be Separated. The Effect Of The Breach Of A Contract De Pends In A Large Degree Upon Whether It Is To Be Regarded As Indivisible Or Divisible ; I. E. Whether It Forms A Whole, The Perform Ance Of Every Part Of Which Is A Condition Precedent ...

Indorsement
Indorsement. That Which Is Written En The Back Of An Instrument In Writing And Which Has Relation To It. Writing One's Name On The Back Of A Prom Issory Note Or Other Negotiable Instrument. Partridge V. Davis, 20 Vt. 499. Written On The Back Of An Original Instru Ment, Or ...

Indorser
Indorser. The Person Who Makes An Indorsement. By Section 154, A Person Placing His Signa Ture Upon An Instrument Otherwise Than As Maker, Drawer Or Acceptor, Is Deemed To Be An Indorser, Unless He Clearly Indicates By Appropriate Words His Intention To Be Bound In Some Other Capacity. Neg. Instr. ...

Inducement
Inducement. In Contracts. The Bene Fit Which The Promisor Is To Receive From A Contract Is The Inducement For Making It. In Criminal Law. The Motive. Confes Sions Are Sometimes Made By Criminals Under The Influence Of Promises Or Threats. When These Promises Or Threats Are Made By Per Sons ...

Inevitable Accident
Inevitable Accident. A Term Used In The Civil Law, Nearly Synonymous With Fortuitous Event. Neal V. Saunderson, 2 Smedes & M. (miss.) 572, 41 Am. Dec. 609. Any Accident Which Cannot Be Foreseen And Prevented. Though Used As Synonymous With Act Of God (q. V.), It Would Seem To Have ...

Infamous Crime
Infamous Crime. A Crime Which Works Infamy In One Who Has Committed It. The Fifth Amendment Of The Constitution Of The United States Declares That, With Cer Tain Exceptions Not Here Material, "no Per Son Shall Be Held To Answer For A Capital, Or Otherwise Infamous Crime, Unless On A ...

Infant
Infant. One Who Is Not Of Full Age. In England And This Country One Under The Age Of Twenty-one Years. Co. Litt. 171. Under The Common Law Full Age Was Attained At Twenty-one, And Under The Civil Law At Twen Ty-five ; 1 Bla. Com. 463. This Period Is Arbitrary ...

Infanticide
Infanticide. In Medical Jurisprudence. The Murder Of A New-born Infant. It Is Thus Distinguishable From Abortion And Foeticide, Which Are Limited To The Destruction Of The Life Of The Fcetus In Utero. The Crime Of Infanticide Can Be Commit Ted Only After The Child Is Wholly Born; 5 C. & ...

Infidel
Infidel. 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. Wines 550. One Who Professes No Religion That Can Bind His Conscience To Speak The Truth. 1 Greenl. Ey. 368. One Who Does ...

Information
Information. In French Law. The Act Or Instrument Which Contains The Deposi Tions Of Witnesses Against The Accused. Pothier, Proc. Civ. Sect. 2, Art. 5. In Practice. A Complaint Or Accusation Ex Hibited Against A Person For Some Criminal Offence. 4 Bla. Com. 308. An Accusation In The Nature Of ...

Infringement
Infringement. A Word Used To Denote The Act Of Trespassing Upon The Incorporeal Right Secured By A Patent Or Copyright. Any Person Who, Without Legal Permission, Shall Make, Use, Or Sell To Another To Be Used, The Thing Which Is The Subject-matter Of Any Ex Isting Patent, Is Guilty Of ...

Initial
Initial (from Lat. Initium, Beginning). Beginning ; Placed At The Beginning. Web Ster. Thus, The Initials Of A Man's Name Are The First Letters Of His Name: As, G. W. For George Washington. Initials Are No Part Of A Name ; Monroe Cattle Co. V. Becker, 147 U. S. 47, ...

Injunction
Injunction. A Prohibitory Writ, Issued By The Authority And Generally Under The Seal Of A Court Of Equity, To Restrain One Or More Of The Defendants Or Parties Or Quasi Par Ties To A Suit Or Proceeding In Equity, From Doing, Or From Permitting His Servants Or Oth Ers Who ...

Injury
Injury (lat. In, Negative, Jus, A Right). A Wrong Or Tort ; Cited In Woodruff V. Min. 18 Fed. 753, 781. Any Legal Wrong Which Will Give A Cause Of Action To The One Whose Rights, Person Or Property Are Injured Thereby. Penn. R. Co. V. Merchant, 119 Pa. 561, ...

Innkeeper
Innkeeper. The Keeper Of A Common Inn For The Lodging And Entertainment Of Travellers And Passengers, Their Horses And Attendants, For A Reasonable Compensation. Bac. Abr. Inns, Etc.; Story, Bailm. 475. Any One Who Makes It His Business To Enter Tain Travellers And Passengers, And Provide Lodging And Necessaries ...

Inns Of Court
Inns Of Court. Voluntary Noncorpo Rate Legal Societies Seated In London Having Their Origin About The End Of The 13th And The 'beginning Of The 14th Century. Encyc. Brit. They Consist Of The Inns Of Court And Chancery. The Four Principal Inns Of Court Are The Inner Temple, Middle Temple, ...

Innuendo
Innuendo (lat. Innuere, To Nod At, To Hint At ; Meaning. The Word Was Used When Pleadings Were In Latin, And Has Been Trans Lated By "meaning"). In Pleading. A Clause In The Declaration, Indictment, Or Other Pleading Containing An Averment Which Is Explanatory Of Some Pre Ceding Word Or ...

Insanity
Insanity. In Medical Jurisprudence. The Prolonged Departure, Without Any Ade Quate Cause, From The States Of Feeling And Modes Of Thinking Usual To The Individual In Health. Insanity Is Such A Deprivation Of Reason That The Subject Is No Longer Capable Of Un Derstanding And Acting With Discretion In The ...

Insolvency
Insolvency. The Condition Of A Person Who Is Insolvent (q. V.). Inability To Pay One's Debts. Bankruptcy, Which Is One Species Or Phase Of In Solvency, Denotes The Condition Of A Trader Or Mer Chant Who Is Unable To Pay His Debts In The Course Of Business ; 2 Bell, ...

Insolvent
Insolvent (lat. In,, Privative, Solvo, To Pay). The Condition Of A Person Who Is Un Able To Pay His Debts. 2 Bla. Com. 285, 471; Brouwer V. Harbeck, 9 N. Y. 589. One Who Is Unable To Pay His Debts As They Fall Due In The Usual Course Of Trade ...

Inspection Laws
Inspection Laws. The Right In The States To Enact Inspection Laws, Quarantine And Health Laws Is Undoubted And Is Recog Nized In The Constitution ; Story, Const. 515; Cooley, Const. Lim. 730. These May Be Car Ried To The Extent Of Ordering The Destruction Of Private Property, When Infected With ...

Instructions
Instructions. Orders Given By A Prin Cipal To His Agent In Relation To The Business Of His Agency. The Agent Is Bound To Obey The Instructions He Has Received; And When He Neglects So To Do He Is Responsible For The Consequences, Unless He Is Justified By Matter Of Necessity ...

Insurable Interest
Insurable Interest. Such An Inter Est In A Subject Of Insurance As Will Entitle The Person Possessing It To Obtain Insurance. It Is Essential To The Contract Of Insurance, As Distinguished From A Wager, That The As Sured Should Have A Legally Recognizable In Terest In The Insured Subject, The ...

Insurance
Insurance. A Contract Whereby, For An Agreed Premium, One Party Undertakes To Compensate The Other For Loss On A Specified Subject By Specified Perils. "an Agreement By Which One Party, For A Consideration (which Is Usually Paid In Money Either In One Sum Or At Different Times During The Continuance ...

Insurance Agent
Insurance Agent. An Agent For Ef Fecting Insurance May Be Such By Appoint Ment Or The Recognition Of His Acts Done As Such ; 2 Phill. Ins. 1848; Perkins V. Ins. Co., 4 Cow. (n. Y.) 645. He May Be Agent For Either Of The Parties To The Policy, ...

Insurance Company
Insurance Company. A Company Which Issues Policies Of Insurance,-an In Corporated Company, And Either A Stock Com Pany, A Mutual One, Or A Mixture Of The Two. In A Stock Company, The Members Or Stock Holders Pay In A Certain Capital Which Is Lia Ble For The Contracts Of The ...

Insurgents
Insurgents. Rebels Contending In Arms Against The Government Of Their Coun Try Who Have Not Been Recognized By Other Countries As Belligerents. Insurgents Have No Standing In International Law Until Recog Nized As Belligerents. When Recognized As Belligerents The Rules Relating To Contraband And Other Rules Of War Apply To ...

Intent Intention
Intention, Intent. A Design, Resolve, Or Determination Of The Mind. In Criminal Law. To Render An Act Crimi Nal, A Wrongful Intent Must Exist; 7 C. & P. 428; U. S. V. Pearce, 2 Mclean 14, Fed. Cas. No. 16,020; State V. Berkshire, 2 Ind. 207; State V. Bartlett, 30 ...

Interdict
Interdict. In Civil Law. The Formula According To Which The Pretor Ordered Or Forbade Anything To Be Done In A Cause Con Cerning True Or Quasi Possession Until It Should Be Decided Definitely Who' Had A Right To It. But In Modern Civil Law It Is An Ex Traordinary Action, ...

Interest
Interest (lat. It Concerns; It Is Of Ad Vantage). In Contracts. The Right Of Property Which A Man Has In A Thing. See Insurable Inter Est. On Debts. The Compensation Which Is Paid By The Borrower Of Money To The Lender For Its Use, And, Generally, By A Debtor To ...