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as an accusation; as, that the defendant erected or caused to be erected a nuisance. 2 Str. 900; 1 Chit. Cr. Law, 236.—2. There are certain terms of art used, so appropriated by the law to express the precise idea which it entertains of the offence, that no other terms, however synonymous they may seem, are capable of filling the same office: such, for example, as traitorously, (q. v.) in treason; feloniously, (q. v.) in felony; burglariously, (q. v.) in burglary; maim, (q. v.) in mayhem, &c. 7thly, The conclusion of the indictment should conform to the provision of the constitution of the state on the subject, where there is such provision; as in Pennsylvania, Const, art. 5, s. 12, which provides, that " all prosecutions shall be carried on in the name and by the authority of the commonwealth of Pennsylvania, and conclude against the peace and dignity of the same." As to the necessity and propriety of having several counts in an indictment, vide 1 Chit. Cr. Law, 248; as to joinder of several offences in the same indictment, vide 1 Chit. Cr. Law, 25a; Arch. Cr. PI. 60; several defendants may in some cases be joined in the same indictment, lb. 255; Arch. Cr. PL 59. When an indictment may be amended, see lb. 297; Stark. Cr. PI. 286; or quashed, lb, 298; Stark. Cr. PI. 331; Arch. Cr. 66. Vide, generally, Arch. Cr. PI. B. 1, part 1, c. 1, p. 1 to 68; Stark. Cr. PI. 1 to 336; 1 Chit. Cr. Law, 168 to 304; Com. Dig. h. t.; Vin. Ab. h. t.; Bac. Ab. h. t.; Dane's Ab. h. t.; Neis. Ab. h. t.; Burn's Just. h. t.; Russ. on Cr. Index, h. t. By the constitution of the United States, Amendm. art. 5, no person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval
forces, or in the militia, when in actual service in time of war, or public danger.
INDICTOR. He who causes another to be indicted. The latter is sometimes called the indictee.
1NDIV1SUM. What two or more persons hold in common without partition; undivided, (q. v.)
TO ENDORSE, to write on the back. Bills of exchange and promissory notes are indorsed by the party writing his name on the back; writing one's name on the back of a writ, is to indorse such writ. f Pick. 117. See 13 Mass. 396.
INDORSEE, contracts, is the person in whose favour an indorsement is made. He is entitled to all the rights of the indorser, and, if the bill or note have been indorsed over to him before it became due, he is entitled to greater rights than the indorser would have had, had he retained it till it became due, as none of the parties can make a set-off or inquire into the consideration of the bill which he then holds. If he remains to be the holder (q. v.) when the bill becomes due, he ought to make a legal demand, and give notice in case of non-acceptance or nonpayment. Chitty on Bills, passim.
INDORSEMENT, crim. law and practice. When a warrant for the arrest of a person charged with a crime has been issued by a justice of the peace of one county, which is to be executed in another county, it is necessary in some states, as in Pennsylvania, that it should be indorsed by a justice of the county where it is to be executed, this indorsement is called backing, (q. v.)
INDORSEMENT, contracts, in its most general acceptation is what is written on the back of an instrument of writing, and which has relation to it; as, for example, a receipt or acquittance on a bond; an assignment on a promissory note.
Writing one's name on the back of a bill of exchange or a promissory note payable to order is what is usually called an indorsement. It will be convenient to consider, 1, the form of an indorsement; and, 2, its effect.
1. An indorsement is in full or in blank. In full, when mention is made of the name of the indorsee; and in blank when the name of the indorsee is not mentioned. Chitty on Bills, 170; 13 Serg. & Rawle, 315. A blank indorsement is made by writing the name of the indorser on the back; a writing or assignment on the face of the note or bill would however be considered to have the force and effect of an indorsement. 16 East, R. 12.
Indorsements may also be restrictive, conditional or qualified. A restrictive indorsement may restrain the negotiability of a bill by using express words to that effect, as by indorsing it " payable to J. S. only," or by using other words clearly demonstrating his intention to do so. Dougl. 637. The indorser may also make his indorsement conditional, and if the condition be not performed it will be invalid. 4 Taunt. Rep. 30. A qualified indorsement is one which passes the property in the bill to the indorsee, but is made without responsibility to the indorser, 7 Taunt. R. 160; the words commonly used are sans recours, without recourse. Chit. on Bills, 179.
2. The effects of a regular indorsement, may be considered, 1, as between the indorser and the indorsee; 2, between the indorser and the acceptor ; and, between the indorser and future parties to the bill.
1. An indorsement is sometimes an original engagement, as, when a man draws a bill payable to his own order, and indorses it; mostly, however, it operates as an assignment, as when the bill is perfect, and the
payee indorses it over to a third person. As an assignment it carries with it all the rights which the indorsee had with a guaranty of the solvency of the debtor. This guaranty is nevertheless upon condition that the holder will use due diligence in making a demand of payment from the acceptor, and give notice of nonacceptance or non-payment. 13 Serg. & Rawle, 311.
2. As between the indorsee and the acceptor, the indorsement has the effect of giving to the former all
| the rights which the indorser had against the acceptor and all other parties liable on the bill, and it is unnecessary that the acceptor or other party should signify his consent or knowledge of the indorsement; and if made before the bill is paid, it conveys all these rights without any set-off, as between the antecedent parties. Being thus fully invested with all the rights in the bill, the indorsee may himself indorse it to another, when he becomes responsible to all future parties as an indorser, as the others were to him.
3. The indorser becomes responsible by that act to all persons who may afterwards become party to the bill.
Vide Chitty on Bills, ch. 4; 3 Kent, Com. 58; Vin. Abr. Indorsement; Com. Dig. Fait, E 2; 13 Serg. & Rawle, 311; Merl. Repert. mot Endossement; Pard. Droit, Com. 344-357.
INDORSER, contracts, is the person who makes an indorsement. The indorser of a bill of exchange or other negotiable paper by his indorsement undertakes to be responsible to the holder for the amount of the bill or note if the latter shall make a legal demand from the payer, and, in default of payment give proper notice thereof to the indorser. But the indorser may make his indorsement conditional, which will
operate as a transfer of the bill, if the condition be performed; or he may make it qualified, so that he shall not be responsible on non-payment by the payer. Chitty on Bills, 179, 160. To make an indorser liable on his indorsement, the instrument must be commercial paper, for the indorsement of a bond or single bill will not, per se, create a responsibility. 13 Serg. & Rawle, ail. When there are several indorsers, the first in point of time is generally, but not always, first responsible; there may be circumstances which may cast the responsibility, in the first place, as between them, on a subsequent indorser. 5 Munf. R. 25<i.
INDUCEMENT, pleading, is the statement of matter which is introductory to the principal subject of the declaration or plea, &c, but which is necessary to explain and elucidate it; such matter as is not introductory to or necessary to elucidate the substance or gist of the declaration or plea, &c, nor is collaterally applicable to it, not being inducement but surplusage. Inducement or conveyance (which are synonymous terms) is in the nature of a preamble to an act of assembly, and leads to the principal subject of the declaration or plea, &c. the same as that does to the purview or providing clause of the act. For instance, in an action for a nuisance to property in the possession of the plaintiff, the circumstance of his being possessed of the property should be stated as inducement, or by way of introduction to the mention of the nuisance. Lawes, Pl. 66, 67; 1 Chit. PI. 292; Steph. PL 257; 14 Vin. Ab. 405; 20 lb. 345; Bac. Ab. Pleas, &c, I 2.
INDUCLiE LEGALES, Scotch law. The days between the citation of the defendant, and the day of appearance. Bell's Scotch Law Diet. h. t.; the days between the test and the return day of the writ.
INDUCTION, ecclea. law. The
giving a clerk instituted to a benefice, the actual possession of its temporalties, in the nature of livery of seisin. Ayl. Parerg. 299.
INELIGIBILITY. The incapacity to be lawfully elected. This incapacity arises from various causes, and a person may be incapable of being elected to one office who may be elected to another; the incapacity may also be perpetual or temporary.
1. Among the perpetual inabilities may be reckoned, 1, the inability of women to be elected to a public office;
2, of citizens born in a foreign country to be elected president of the United States. 2. Among the temporary inabilities may be mentioned, 1, the holding of an office declared by law to be incompatible with the one sought; 2, the non-payment of the taxes required by law ;. 3, the want of certain property qualifications required by the constitution; 4, the want of age, or being over the age required. Vide Klegibility; Incompatibility.
INEVITABLE ACCIDENT..-- A term used in the civil law, nearly synonymous with fortuitous event, (q. v.) In the common law commonly called the act of God, (q. v.)
INFAMY, crim. law, evidence, is that state which is produced by the conviction of crime and the loss of honour, which renders the infamous person incompetent as a witness. It is to be considered, 1st, what crimes or punishment incapacitate a witness; 2dly, how the guilt is to be proved; 3dly, how the objection is answered; and, 4thly, the effect of infamy.
1. When a man is convicted of an offence which is inconsistent with the common principles of honesty and humanity, the law considers his oath to be of no weight, and excludes his testimony as of too doubtful and suspicious a nature to be admitted in a court of justice to deprive another of life, liberty or property. Gilb. L. E. 256; 2 Bulst. 154; 1 Phil. 23; Bull. N. P. 291. The crimes, which render a person incompetent, are treason, 5 Mod. 16,74; felony, 2 Bulst. 154 ; Co. Litt. 6; T. Raym. 369; all offences founded in fraud, and which come within the general notion of the crimen falsi of the Roman law. Leach, 496; as perjury and forgery, Co. Litt. 6; Fort. 209; piracy, 2 Roll. Ab. 886 ; swindling, cheating, Fort. 209; barretry, 2 Salk. 690; and the bribing a witness to absent himself from a trial, in order to get rid of his evidence, Fort. 20R. It is the crime and not the punishment which renders the offender unworthy of belief.
1 Phill. Ev. 25.
2. In order to incapacitate the party, the judgment must be proved as pronounced by a court possessing competent jurisdiction. 1 Sid. 51;
2 Stark. C. 183; Stark. Ev. part 2, p. 144, note(l); lb. part 4, p. 716.
3. The objection to competency may be answered, 1st, by proof of pardon. See Pardon. And, 2dly, by proof of a reversal by writ of error, which must be proved by the production of the record.
4. The judgment for an infamous crime, even for perjury, does not preclude the party from making an affidavit with a view to his own defence, 2 Salk. 461; 2 Str. 1148; Martin's Rep. 45. He may, for instance, make an affidavit in relation to the irregularity of a judgment in a cause in which he is party, for otherwise he would be without a remedy. But the rule is confined to defence, and he cannot be heard upon oath as complainant, 2 Salk. 461 ; 2 Str. 1148. When the witness becomes incompetent from infamy of character, the effect is the same as if he were dead; and if he
has attested any instrument as a witness, previous to his conviction, evidence may be given of his handwriting. 2 Str. 833; Stark. Ev. part 2, sect. 193; lb. part 4, p. 723.
INFANCY. The state or condition of a person under the age of twenty-one years. Vide Infant.
INFANT, persons, is one under the age of twenty-one years. Co. Litt. 171. But he is reputed to be twenty-one years old, or of full age, the first instant of the last day of the twenty-first year next before the anniversary of his birth; if, for example, a person were born at any hour of the first day of January, 1810, (even a few minutes before twelve o'clock of the night of that day,) he would be of full age at the first instant of the thirty-first of December, 1831, although nearly fortyeight hours before he had actually attained the full age of twenty-one years, according to years, days, hours and minutes, because there is, in this case, no fraction of a day. 1 Sid. 162; S. C. 1 Keb. 589; 1 Salk. 44; Raym. 84; 1 Bl. Com. 463, 464, note (13) by Chitty; 1 Lillv's Reg. 57 ; Com. Dig. Enfant, A. A curious case occurred in England of a young lady who was born after the house clock had struck, while the parish-clock was striking, and before St. Paul's had begun to strike twelve on the night of the fourth and fifth of January, 1805, and the question was whether she was born on the 4th or 5th of January. Mr. Coventry gives it as his opinion that she was born on the fourth, because the house clock does not regulate any thing but domestic affairs, that the parochial clock is much better evidence, and that a metropolitan clock ought to be received with "implicit acquiescence." Cov. on Conv. Ev. 182, 3. It is conceived that this can only'he prima facie, because if the fact were otherwise, and the parochial and
metropolitan clocks should both be wrong, they would undoubtedly have no effect in ascertaining the age of the child. The sex makes no difference, a woman is therefore an infant until she has attained her age of twenty-one years. Co. Litt. 171. Before arriving at full age an infant may do many acts. A male at fourteen is of discretion, and may consent to marry; and at that age he may disagree to and annul a marriage he may before that time have contracted; he may then choose a guardian; and, if his discretion be proved, may at common law make a will of his personal estate; at seventeen he may be an executor. A female at seven may be betrothed or given in marriage; at nine she is entitled to dower; at twelve may consent or disagree to marriage; and at seventeen may be an executrix. Considerable changes of the common law have probably taken place in many of the states. In Pennsylvania to be an executor the party must be of full age. In general an infant is not bound by his contracts, unless to supply him for necessaries. Selw. N. P. 137; Chit. Contr. 31; Bac. Ab. Infancy, &c. I 3; 9 Vin. Ab. 391; 1 Com. Contr. 150, 151; 3 Rawle's R. 351 ; 8 T. R. 335; 1 Keb. 905, 913; S. C. 1 Sid. 258; 1 Lev. 168; 1 Sid. 129; 1 Southard's R. 87. Sed vide 6 Cranch, 226; 3 Pick. 492; 1 Nott & M'Cord, 197. Or, unless he is empowered to enter into a contract, by some legislative provision; as with the consent of his parent or guardian to put himself apprentice, or to enlist in the service of the United States. 4 Binn. 487; 5 Binn. 423. Contracts made with him, may be enforced or avoided by him on his coming of age, see Parties, in contracts; Voidable. But to this general rule there is an exception: he cannot avoid contracts for necessaries, because these are for
his benefit. See Necessaries. When the contract has been performed, and it is such as he would be compellable by law to perform, it will be good and bind him. Co. Litt. 172 a; and all the acts of an infant, which do not touch his interest, but take effect from an authority which he has been trusted to execute, are binding. 3 Burr. 1794; Fonbl. Eq. b. 1, c. 2, § 5, note (c). The protection which the law gives an infant is to operate as a shield to him, to protect him from improvident contracts, but not as a sword to do injury to others. An infant is therefore responsible for his torts, as for slander, trespass, and the like: but he cannot be made responsible in an action ex delicto, where the cause arose on a contract. 3 Rawle's R. 351; 6 Watts's R. 9. But see contra, 6 Cranch. 2a6; 15 Mass. 359; 4 M'Cord, 387. He is also punishable for his crime, if of sufficient discretion, or doli capax. 1 Russ. on Cr. 2, 3. Vide, generally, Bingh. on Infancy; the various Abridgments and Digests, tit. Enfant, Infancy; and articles Age; Birth; Capax Doli; Dead born; Fatus; In ventre sa mere.
INFANTICIDE, med. jurisp— The murder of a new born infant. Dalloz, Diet. Homicide, § 4; Code Penal, 300. -There is a difference between this offence and those known by the names of prolicide, (q. v.) and faticide, (q. v.) To commit infanticide the child must be wholly born, it is not sufficient that it was born so far as the head and breathed, if it died before it was wholly born. 5 Carr. & Payn. 329; 24 Eng. C. L. Rep. 344; S. C. 6 Carr. & Payn. 349; S. C. 25 Eng.C. L. Rep. 433. When this crime is to be proved from circumstances, it is proper to consider whether the child had attained that size and maturity by which it would be enabled to maintain an independent existence; whether it was born