act of a capable testator, in order to invalidate the instrument. Sir John Nicholl, 2 Phillim. R. 551, 552. 1 Williams on Exec. 41. IMPOSITIO. Lat. [from imponere, q. v.] In old English law. An imposition, tax or tribute. According to Lord Coke, this word was first used in the 13th year of Edward III. 2 Inst. 60, 530. The older expression was maletot. Stat. Confirm. Chartar. c. 7. 2 Inst. 530. See the Great Case of Impositions, 2 How. St. Trials, 425. IMPOSSIBILIS. Lat. Impossible. See Calv. Lex. Impossibilium nulla obligatio est. There is no obligation of [to do] impossible things. Dig. 50. 17. 185. [145.] As if a man promises to give another the moon. Id. gloss. marg. See 2 Story's Eq. Jur. §§ 1308-1310. Lex non cogit ad impossibilia. The law does not compel the performance of impossibilities. Hob. 96. Broom's Max. [186.] Ea quæ dari impossibilia sunt, vel quæ in rerum natura non sunt, pro non adjectis habentur. Those things which are impossible to be given, or which do not exist in the nature of things, are considered as not added [as making no part of the contract.] Dig. 50. 17. 135. IMPOST. Fr. and Eng. [from imposer, to lay upon; Lat. impositum, a thing laid upon.] A custom or tax levied on articles brought into a country. Marshall, C. J. 11 Wheaton's R. 419.—A duty on imported goods and merchandise. Story Story on the Const. 952. Id. (Abr.) § 474. § In a large sense, any tax, duty or imposition. Id. ibid. * IMPOSTERUM. L. Lat. Hereafter. Towns. Pl. 72. IMPOTENCE. In medical jurisprudence. Want of procreative power in the male. Whart. & Stille's Med. Jur. § 419, et seq. IMPOTENS. Lat. [from in, priv. and potens, able.] Unable; impotent; without power or ability. Impotens sui; having no power of himself, unable to help himself. Bract. fol. 15. Fleta, lib. 3, c. 7, § 1. IMPOTENTIA. Lat. [from impotens, q. v.] Inability; impossibility. Impotentia excusat legem. Inability or impossibility excuses law. Co. Litt. 29 a. 10 Co. 139, Keighley's case. 2 Bl. Com. 127. Broom's Max. 116, [182.] The impossibility of a thing dispenses, in certain cases, with a requirement of law. See Lex non cogit ad impossibilia. Where the perform ance of the condition of a bond or recognizance is rendered impossible by the act of God, or of the law, or of the obligee, the default to comply with it is excused. 3 Hill's (N. Y.) R. 570. IMPOUND. To put in a pound; to place cattle, goods or chattels taken under a distress, in a lawful pound. Holthouse. See Pound. IMPRESSOR. [L. Lat. from imprimere, (q. v.) L. Fr. impresseur.] In old English law. A printer. 1 W. Bl. 116. IMPRIMATUR. Lat. [from imprimere, q. v.] (Let it be printed.) A license to print a book; so termed from the emphatic Latin word formerly used to express it. Imprimaturs were first introduced by the Acts of Uniformity. The first printers in England exercised the art without any license for that purpose. Yorke, Sol. Gen. arg. 1 W. Bl. 114. IMPRIMERE. Lat. To press upon; to impress or press; to imprint or print. IMPRIMERIE, Imprimery. In old English law. A print; an impression. Cowell. The art of printing. Id. A printing house or office. Id. Stat. 14 Car. II. c. 33. 2 Powell on in old Engdenote the Mag. Cart. IMPRIMIS, (properly INPRIMIS, IN PRIMIS.) Lat. In the first place; first of all. Á word formerly very common in the commencement of wills. Devises, 647, 648. Used also lish statutes and charters, to commencement or first clause. 9 Hen. III. c. 1. Artic. Cleri, c. 1. Cart. 31 Edw. I. apud Molloy de Jur. Mar. 370-380. Used by Fleta, in describing the order of pleading. Lib. 2, c. 54. And see Dyer, 74. IMPRISON. [L. Fr. enprisoner; L. Lat. imprisonare, q. v.] To put in a prison;_to put in a place of confinement. See Imprisonare. To confine a person, or restrain his liberty, in any way. See Imprisonment. IMPRISONAMENTUM. L. Lat. [from imprisonare, q. v.] In old English law. Imprisonment. Est enim imprisonamentum duplex delictum, injusta captio et injusta detentio, in vinculis vel sine, in cippo vel alia poena majori vel minori; for imprisonment is a double offence, an unlawful taking and an unlawful detention, in chains or without, in the stocks or with other greater or less punishment. Fleta, lib. 1, c. 42, § 1. The cabin, field, deadening or brush-heap itself. See 1 Bibb's (Ky.) R. 82. 4 Id. 578. IMPROVEMENT. In the law of patents. An addition to, or modification of a previous invention or discovery, intended or claimed to increase its utility or value. See 2 Kent's Com. 366–372. IMPROVEMENTS. IMPRISONARE. L. Lat. [from L. Fr. | forest; or by merely marking trees, or even emprisoner, q. v.] In old English law and by piling up a brush-heap.* practice. To imprison. Quare vi et armis ipsum A. apud N. cepit, imprisonavit et male tractavit, et ipsum sic imprisonatum abinde usque T. duxit, et ipsum ibidem in prisona-detinuit, &c.; wherefore, with force and arms the said A. at N. he took, imprisoned and ill treated, and him so imprisoned took from thence to T. and him there in prison detained, &c. Reg. Orig. 93. See Fleta, lib. 1, c. 42. IMPRISONMENT. [L. Lat. imprisonamentum.] A putting into prison; confinement of a person in a prison or gaol. Sec Imprison, Prison, Prisoner. Confinement of the person in any wise. 1 Bl. Com. 136.--Any restraint of the person by force. Lord Denman, C. J. 7 Ad. & Ell. N. S. 742, 753.-Any restraint upon a man's liberty, wherever may be the place, or whatever may be the manner in which the restraint is effected; as by keeping a man against his will in a private house, or arresting or forcibly detaining him in the open street, or even merely using words which impose a restraint upon his person. *Termes de la Ley. 1 Bl. Com. 136. 2 Inst. 589. 2 Kent's Com. 26. See the late case of Bird v. Jones in the Queen's Bench, 7 Ad. & Ell. N. S. 742. IMPROBARE. Lat. In the civil law. To disapprove; to disallow; the opposite of approbare. Calv. Lex. IMPROBATION. [from Lat. improbare, to disallow.] In Scotch law. An action brought for the purpose of having some. instrument declared false and forged. 1 Forbes' Inst. part 4, p. 161. The act by which falsehood and forgery is proved. Bell's Dict. The verb improve (q. v.) was used in the same sense. A term used in leases, which, according to Mr. Chitty, is sometimes of doubtful meaning. It would seem to apply principally to buildings, though generally it extends to the amelioration of every description of property, whether real or personal; but when contained in any document, its meaning is generally explained by other words. 1 Chitt. Gen. Pr. 174. As to allowances for improvements to occupants of lands evicted by a better title, see 2 Kent's Com. 334-337, and notes. IMPRUIARE. L. Lat. In old records. To improve land. Impruiamentum; the improvement so made of it. Chartul. Abbat. MS. fol. 50 a. Cowell. IMPUBES, (pl. IMPUBERES.) Lat. In the civil law. A minor under the age of puberty; a male under fourteen years of age; a female under twelve. Calv. Lex. 1 Mackeld. Civ. Law, 136, § 126. IMPUNITAS. Lat. Impunity; exemption from punishment. Impunitas continuum affectum tribuit delinquenti. Impunity offers a continual bait to a delinquent. 4 Co. 45 a, Vaux's case. Impunitas semper ad deteriora invitat. Impunity always invites to greater crimes. 5 Co. 109 a, Foxley's case. IN. Lat. and Eng. [Fr. en.] Sometimes construed to mean "of." Thus, coroner in a county was held to mean coroner of a county. Plowd. 76. 4 Co. 41. IMPROPRIATION. In English ecclesiastical law. A lay appropriation; a bene- IN. [L. Fr. eins.] A term used, from a fice in the hands of a lay person, or lay very early period, to express the nature of corporation. 1 Bl. Com. 386. Termes de a title, or the mode of acquiring an estate, la Ley. So called, according to Spelman, or the ground upon which a seisin is as being improperly in the hands of laymen. founded. Thus, in Littleton, a tenant is Spelm. Tithes, c. 29. See Appropriation. said to be "in by lease of his lessor," (eins IMPROVE. In Scotch law. To dis- per lease son lessor,) that is, his title or prove; to invalidate or impeach; to prove estate is derived from the lease. Litt. false or forged. 1 Forbes' Inst. part 4, p. 162. sect. 82. So, parceners are said to be "in IMPROVEMENT. In American land law. by divers descents." Id. sect. 313. So, An act by which a locator or settler ex- the issue of a husband is said to be "in by presses his intention to cultivate or clear descent," (eins per discent.) Id. sect. 403. certain land; an act expressive of the actual So, two sisters are said to be "in by divers possession of land; as by erecting a cabin, titles." Id. sect. 662. So, in modern law, planting a corn-field, deadening trees in a parties are constantly said in the books to be "in by descent," "in by purchase." A dowress is said to be "in, of the seisin of her husband." 4 Kent's Com. 69. A devisor is said to be "in, of his old estate." 1 Powell on Devises, (by Jarman,) 621, note. So, a lessor. Shaw, C. J. 1 Metcalf's R. 120. See Eins. "If he has a freehold, he is in as freeholder. If he has a chattel interest, he is in as a termor. If he has no title, he is in as a trespasser." Lord Mansfield, 1 Burr. 114. **This term seems to be a contraction of "in seisin," and to be properly expressive of actual possession of the land. Fuit in seisina; he was in seisin. Fleta, lib. 4, c. 16, § 4; c. 17, § 10. So, in Britton it is said, "si le heire soit de pleyn age, et soit eins, et ne voet suffrer le seigniour de aver seisine," &c.; if the heir be of full age, and be in, and will not suffer the lord to have seisin, &c. Britt. c. 70. It is essentially figurative, and belongs to the same period with the now obsolete phrase "to come to land," implying in its origin an actual entry and possession. Thus, it is said, "when the lord of a villein enters, he comes to the land in respect of a title paramount, that is to say, in respect of villeinage, and the lord by escheat in respect of the seigniory which was a title paramount, and both those are in merely in the post," &c. 3 Co. 62 b, Lincoln College's case. That it was also expressive of mere seisin, without lawful title, appears clearly from Littleton's expression "eins encounter la ley," (in against the law.) Litt. sect. 306. IN ACTION. Attainable or recoveraable by action; not in possession. A term applied to property of which a party has not the possession, but only a right to recover it by action. Things in action are rights of personal things, which nevertheless are not in possession. Hale's Anal. sect. xxiii. See Chose in action. IN ADVERSUM. L. Lat. Against an adverse, unwilling or resisting party. "A decree not by consent, but in adversum." Story J. 3 Story's R. 318. IN ÆQUA MANU. L. Lat. In equal hand. Fleta, lib. 3, c. 14, § 2. IN ÆQUALI JURE. L. Lat. In equal right; on an equal in point of right. "Where parties stand in æquali jure, equality of burden becomes equity." 4 Kent's Com. 371. In æquali jure melior est conditio possidentis. In [a case of] equal right, the condition of the party in possession is the better. Plowd. 296. 4 VOL. II. Co. 90, Drury's case. The law favoureth possession, where the right is equal. Finch's Law, b. 1, ch. 3, n. 36. Where the right is equal, the claim of the party in actual possession shall prevail. Broom's Max. 323, [561.] Thus, where a thing is pledged severally to two creditors, without any communication with each other, and one of them has obtained the possession, he is entitled to a preference. Story_on Bailm. § 312. See 1 Story's Eq. Jur. §§ 64 c, 413. IN EQUALI MANU. L. Lat. [L. Fr. en owele mayn.] In equal hand; held equally or indifferently between two parties. Where an instrument was deposited by the parties to it in the hands of a third person, to keep on certain conditions, it was said to be held in æquali manu. Reg. Orig. 28. IN ALIENO SOLO. Lat. [L. Fr. en auter soile.] In another's land. 2 Steph. Com. 20. In alternativis electio est debitoris. In a case of alternatives, the choice is the debtor's. IN AMBIGUA VOCE LEGIS. In an ambiguous expression of law. maxim under Ambiguus. Lat. See IN APERTA LUCE. L. Lat. In open daylight; in the day time. 9 Co. 65 b, Mackalley's case. IN APICIBUS JURIS. L. Lat. Among the subtleties or extreme doctrines of the law. 1 Kames' Equity, 190. See Apex juris. IN ARCTA ET SALVA CUSTODIA. L. Lat. In close and safe custody. 3 Bl. Com. 415.. IN ARTICULO. Lat. In a moment; immediately. Cod. 1. 34. 2. IN ARTICULO MORTIS. L. Lat. In the article of death; at the point of death. 1 Johns. R. 159. See Articulus. IN AUTER DROIT. L. Fr. In another's right. Properly, en autre droit, (q. v.) IN AUTER another's land. IN BANCO. SOILE. L. Fr. In or on as distinguished from "at nisi prius." See communia. In a case of extreme necessity, Banc, Bank. This application of the all things are common. Hale's P. C. 54. phrase is plainly derived from the more Broom's Max. 1, note. ancient one, next noticed. In the Bench, or Court of Common Bract. fol. 352 b, 353, 354, 360 b. Coram justitiariis de Banco, si qui tunc fuerint residentes in banco, et alii itinerantes in comitatu; before the justices of the bench, if there be some then sitting in the bench, and others itinerating in the county. Id. fol. 361. Sive in banco, sive in itinere; whether in the bench or in the eyre. Id. fol. 352 b. IN BLANK. A term applied to the indorsement of a bill or note, where it consists merely of the indorser's name. 2 Steph. Com. 164. Called blank, from the blank space left over it. See Indorsement in blank. IN BONIS. Lat. Among the goods, or property; in actual possession. Inst. 4. 2. 2. Tayl. Civ. Law, 479. Fleta, lib. 3, c. 1, § 3. See Ex bonis. IN CAPITA. Lat. To, or among heads or individuals; according to the number of persons. A term derived from the civil law. Succession in capita is where an inheritance is divided viritim (man by man, or singly,) according to the number of persons, all claiming in their own right as being in equal degree of kindred. Hallifax, Anal. b. 3, ch. 9, num. 5. Εἰ δὲ πολλοὶ τοῦ αὐτοῦ βαθμοῦ ἑυρεθῶσι, κατὰ τὸν τῶν προσώπων ἀριθμὸν μεταξὺ αὐτῶν ἡ κληρονομία διαιρεGeral, one in capita o perépot Xeyova vópot; but if there be found several of the same degree, the inheritance shall be divided among them according to the number of persons, which our laws call in capita. Nov. 118, c. 2, ad finem. See Per capita. IN CAPITA. L. Lat. To the polls. See Challenge to the polls. IN CHIEF. Relating to a Relating to a principal matter; in the principal or direct course; as distinguished from incidental, collateral, derivative or adverse. See Chief. IN COMMENDAM. L. Lat. In commendation; as a commended living. 1 Bl. Com. 393. See Commenda. A term applied in Louisiana to a limited partnership, answering to the Fr. en commandite. Civ. Code of Louis. art. 2810. See Commendam. In commodato hæc pactio, ne dolus præste- IN COMMUNI. In conjunctivis oportet utramque partem esse veram. In conjunctives, it is necessary that each part be true. Wingate's Max. 13, max. 9. In a condition consisting of divers parts in the copulative, both parts must be performed. Id. ibid. IN CONSIDERATIONE INDE. L. Lat. In consideration thereof. 3 Salk. 64, pl. 5. IN CONSIDERATIONE LEGIS. L. Lat. In consideration or contemplation of law; in abeyance. Dyer, 102 b, Lord Barkley's case. IN CONSIDERATIONE PRÆMISSORUM. L. Lat. In consideration of the premises. 1 Stra. 535. In consimili casu, consimile debet esse remedium. In a like case, there ought to be a like remedy. Hard. 65. IN CONSPECTU EJUS. L. Lat. In his sight or view. 12 Mod. 95. In consuetudinibus, non diuturnitas temporis sed soliditas rationis est consideranda. In customs, not length of time but solidity of reason is to be considered. Co. Litt. 141 a. The antiquity of a custom is to be less regarded than its reasonableness. In a IN CAPITE. L. Lat. In chief. 2 Bl. Com. 60. Tenure in capite was a holding directly from the king. Bacon's Works, iv. 233. IN CASU CONSIMILI. L. Lat. like case. See In consimili casu. IN CASU PROVISO. L. Lat. In a (or the) case provided. See Casu proviso. In tali casu editum et provisum; in such case made and provided. Towns. Pl. 164, 165. IN CAUSA. Lat. In the cause, as distinguished from in initialibus, (q. v.) A term in Scotch practice. 1 Brown's R. 252. In casa extremæ necessitatis, omnia sunt IN CONTINENTI. Lat. Immediately; without any interval or intermission. Calv. Lex. Sometimes written as one word, incontinenti, (q. v.) IN CONTINENTIBUS. Lat. In the suburbs. See Continens. In contractibus tacite insunt [veniunt] quæ sunt moris et consuetudinis. In contracts, matters of custom and usage are tacitly implied. A contract is understood to contain the customary clauses, although they are not expressed. Story on Bills, in ancient deeds, constituting one of the § 143. 3 Kent's Com. 260, note. Broom's formal and orderly parts of the instrument. Max. [667.] See Benignus. Co. Litt. 6 a. 6 Man. & Gr. 457. The whole clause, as given by Fleta, ran thus: In cujus rei testimonium, huic scripto sigillum meum apposui; In witness whereof, I have to this writing set my seal. Fleta, lib. 3, c. 14, § 13. As given by Littleton, it ran thus: In cujus rei testimonium, par tes prædictæ sigilla sua præsentibus alternatim apposuerunt; In witness whereof, the parties aforesaid to these presents interchangeably have put their seals. Litt. 371. In contractibus, rei veritas potius quam scriptura perspici debet. In contracts, the truth of the matter ought to be regarded rather than the writing. Cod. 4. 22. 1. In contrahenda venditione, ambiguum pactum contra venditorem interpretandum est. In the contract of sale, an ambiguous agreement is to be interpreted against the seller. Dig. 50. 17. 172. See Id. 18. 1. 21. In conventionibus contrahentium, voluntatem potius quam verba spectari placuit. In the agreements of contracting parties, the rule is to regard the intention rather than the words. Dig. 50. 16. 219. 2 Kent's Com. 555. IN CORPORE. Lat. In body, or substance; in a material thing or object. Sive consistant in corpore, sive in jure; whether they consist in, or belong to a material object, or a mere right. Bract. fol. 37 b. IN CRASTINO. L. Lat. On the morrow. In crastino Animarum; on the morrow of All Souls. 1 Bl. Com. 342. See Crastino. In criminalibus, probationes debent esse luce clariores. In criminal cases, the proofs ought to be clearer than light. 3 Inst. 210. See Cod. 4. 19. 25. In criminalibus sufficit generalis malitia intentionis, cum facto paris gradus. In criminal matters or cases, a general malice of intention is sufficient, [if united] with an act of equal or corresponding degree. Bacon's Max. 65, reg. 15. "All crimes have their conception in a corrupt intent, and have their consummation and issuing in some particular fact; which, though it be not the fact at which the intention of the malefactor levelled, yet the law giveth him no advantage of that error, if another particular ensue of as high a nature." Id. ibid. See Criminalis. In the translation of this maxim in Branch's Principia, the words "cum facto paris gradus" are erroneously rendered, "keeping equal pace with the fact committed; and the error is closely followed in Wharton's Lexicon. Lord Bacon's own words, "another particular of as high a nature," sufficiently explain the meaning. IN CUJUS REI TESTIMONIUM. L. Lat. [L. Fr. en tesmoignance de quel chose.] In witness or testimony whereof. The initial words of the concluding clause A clause beginning with the same words anciently formed the conclusion of letters patent. In cujus rei testimonium, has literas nostras (vel meas) fieri fecimus (vel feci) patentes; In witness whereof, we (or I) have caused these our (or my) letters to be made patent. Reg. Orig. 4 b. And a similar clause concludes some of the old statutes. Stat. de Tallagio, 2 Inst. 536. Stat. of Tithes, Id. 639. IN CUSTODIA LEGIS. L. Lat. In the custody or keeping of the law. 2 Steph. Com. 74. IN DAMNO. L. Lat. In damage; doing damage. Bract. fol. 158. See Damnum. IN DEFENSO. L. Lat. In defence; in a state of prohibition; in fence; inclosed. A term applied, in old English law, to lands either actually surrounded by an enclosure, or otherwise exclusively appropriated. See Defensum. Applied also to rivers and their banks. Magna Charta, c. 16. Provisum est quod aquæ de Humbre, &c. et omnes aliæ aquæ in regno in quibus salmones capiuntur, pmantur in defenso, quoad salmones capiendos, a die, &c.; it is provided that the waters of the Humber, and all other waters in the kingdom in which salmons are taken, shall be put in defense, as to the taking of salmons, from, &c. Stat. Westm. 2, c. 47. See Defendere. IN DELICTO. Lat. In fault; in guilt; culpable; guilty. "Where both parties are in delicto, concurring in an illegal act, it does not always follow that they stand in pari delicto; for there may be, and often are, very different degrees in their guilt." 1 Story's Eq. Jur. § 300. In guilt; in the act of committing an offence; in a prohibited act or course. 1 Kent's Com. 151, 191. IN DIEM. Lat. For a day; for the space of a day. Calv. Lex. Spiegelius. On, or at a day. In diem debitum; a |