INDUCEMENT, pleading. 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 byway of introduction to the mention
of the nuisance. Lawes, Pl. 66, 67; 1 Chit. Pl. 292; Steph. Pl. 257; 14 Vin. Ab.
405; 20 Id. 845; Bac. Ab. Pleas. &c. I 2.
INDUCEMENT, contracts, evidence. The moving cause of an action.
2. In contracts, the benefit.which the obligor is to receive is the
inducement to making them. Vide Cause; Consideration.
3. When a person is charged with a crime, he is sometimes induced to make
confessions by the flattery of hope, or the torture of fear. When such
confessions are made in consequence of promises or threats by a person in
authority, they cannot be received in evidence. In England a distinction has
been made between temporal and spiritual inducements; confessions made under the
former are not receivable in evidence, while the latter may be admitted. Joy on
Conf. ss. 1 and 4.
INDUCLAE LEGALES, Scotch law. The days between the citation of the
defendant, and the day of appearance. Bell's Scotch Law Dict. h. t. The days
between the test and the return day of the writ.
INDUCTION, eccles. 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.
INDUTLGENCE. A favor granted.
2. It is a general rule that where a creditor gives .indulgence, by entering
into a binding contract with a principal debtor, by which the surety is or may
be damnified, such surety is discharged, because the creditor has put it out of
his power to enforce immediate payment; when the surety would have a right to
require him to do so. 6 Dow, P. C. 238; 3 Meriv. 272; Bac. Ab. Oblig. D; and see
3. But mere inaction by the creditor, if he do not deprive himself of the
right to sue the principal, does not in general discharge the surety. See
INELIGIBILITY. The incapacity to be lawfully elected.
2. 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.
3. - 1. Among 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.
4. - 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 Eligibility. Incompatibility.
INEVITABLE ACCIDENT. A term used in the civil law, nearly synonymous
with fortuitous. event. (q. v.) 2 Sm. & Marsh. 572. In the common law
commonly called the ad of God. (q. v.) 2 Smed. & Marsh. Err. & App.
INFAMIS. Among the Romans was of a general rule, and not by virtue of
an arbitrary decision of the censors, lost his political rights, but preserved
his civil rights. Sav. Dr. Rom 79.
INFAMY, crim. law, evidence. That state which is produced by the
conviction of crime and the loss of honor, which renders the infamous person
incompetent as a witness.
2. It is to be considered, 1st. What crimes or punishment incapacitate a
witness. 2d. How the guilt is to be proved. 3d. How the objection answered. 4th.
The effect of infamy.
3. - 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; barratry; 2 Salk. 690; and the bribing a witness to absent
himself from a trial, in order to get rid of his evidence. Fort. 208. It is the
crime and not the punisshment which renders the offender unworthy of belief. 1
Phill. Ev. 25.
4. - 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 1; Id. part 4, p. 716. But it has been held
that a conviction of an infamous crime in another country, or another of the
United States, does not render the witness incompetent on the ground of infamy.
17 Mass. 515. Though this doctrine appears to be at variance with the opinions
entertained by foreign jurists, who maintain that the state or condition of a
person in the place of his domicil accompanies him everywhere. Story, Confl.
620, and the authorities there cited; Foelix, Traitę De Droit Intern. Privę, 31;
Merl. Rępert, mot Loi, 6, n. 6.
5. - 3. The objection to competency may be answered, 1st. By proof of pardon.
See Pardon. And, 2d. By proof of a reversal by writ of error, which must be
proved by the production of the record.
6. - 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 a
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; Id. part 4, p. 723.
7. By infamy is also understood the expressed opinion of men generally as to
the vices of another. Wolff, Dr. de la Nat. et des Gens, 148.
INFANCY. The state or condition of a person under tho age of
twenty-one years. Vide Infant.
INFANT, persons. One under the age of twenty-one years. Co. Litt.
2. 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; because, according to the civil computation of time, which differs
from the natural computation, the last day having commenced, it is considered as
ended. Savig. Dr. Rom. 182. 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 forty-eight 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 Lilly's, Reg. 57; Com. Dig. Enfant, A; Savig. Dr. Rom. 383, 384.
3. 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 fourth or fifth
of January. Mr. Coventry gives it as his opinion that she was born on the
fourth, because the house clock does not regulate anything 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 be prima facie, because, if the fact were
otherwise, and the parochial and metropolitan clocks should both have been
wrong, they would undoubtedly have had no effect in ascertaining the age of the
4. 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
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; and may act
as executor at the age of seventeen years. 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 common law, at seventeen may act as executrix.
5. Considerable changes of the common law have probably taken place in many
of the states. In Pennsylvania, to act as 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.
6. Contracts made with him, may be enforced or avoided by him on his coming
of age. See Parties to 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. The privilege of avoiding a contract on account of
infancy, is strictly personal to the infant, and no one can take advantage of it
but himself. 3 Green, 343; 2 Brev. 438. 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.
7. 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' R. 9;
25 Wend. 399; 3 Shep. 233; 9 N. H. Rep. 441; 10 Verm. 71; 5 Hill, 391. But see
contra, 6 Cranch, 226; 15 Mass. 359; 4 M'Cord, 387.
8. He is also punishable for a crime, if of sufficient discretion, or doli
capax. 1 Russ. on Cr. 2, 3. Vide, generally, Bouv. Inst. Index, h. t.; Bingh. on
Infancy; 1 Hare & Wall. Sel. Dec. 103, 122; the various Abridgments and
Digests, tit. Enfant, Infancy; and articles Age; Birth; Capax Doli; Dead born;
Faetus; In ventre sa mere.
INFANTICIDE, med. juris. The murder of a new born infant, Dalloz,
Dict. Homicide, 4; Code Penal, 300. There is a difference between this offence
and those known by the name of prolicide, (q. V.) and foeticide. (q. v.)
2. 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.
3. 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
have been enabled to maintain an independent existence; whether it was born
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, Męd Lęg. pręm. part. c. 8 Cooper's Med. Jur. h. t. Vide Ryan's
Med. Jur. 137; Med. Jur. 145, 194; Dr. Cummin's Proof of Infanticide considered
Lęcieux, Considerations Mędico-lęgales sur l'Infanticide; Duvergie, Mędicine
Lęgale, art. Infanticide.
INFEOFFMENT, estates. The act or instrument of feoffment. (q. v.) In
Scotland it is synonymous with saisine, meaning the instrument of possession;
formerly it was synonymous with investiture, Bell's Sc. L. Dict. h. t.
INFERENCE. A conclusion drawn by reason from premises established by
2. 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 as a general rule to draw an 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.)
INFERI0R. One who in relation to another has less power and is below
him; one who is bound to obey another. He who makes the law is the superior; he
who is bound to obey it, the inferior. 1 Bouv. Inst. n. 8.
INFERIOR COURTS. By this term are understood all courts except the
supreme courts. An inferior court is a court of limited jurisdiction, and it
must appear on the face of its proceedings tliat it has jurisdiction, or its
proceedings. will be void. 3 Bouv. Inst. n. 2529.
INFIDEL, persons, evidence. 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' R. 550. This term has been very indefinitely applied. 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.
2. It is now settled that when the witness believes in a God who will reward
or punish him even in this world he is competent. See 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 theni 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 n., 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. Weak, feeble.
2. When a witness is infirm to an extent likely to destroy his life, or to
prevent his attendauce at the trial, his testimony de bene esge may be taken at
any age. 1 P. Will. 117; see Aged witness.; Going witness.
INFLUENCE. Authority, credit, ascendance.
2. Influence is proper 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 di scretion, 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; 1 Dow. & Cl. 440; 1 Speers, 93.
3. A contract to use a party's influeuce to induce a person in authority to
exercise his power in a particular way, is void, as being against public policy.
5 Watts & Serg. 315; 5 Penn. St. Rep. 452; 7 Watts, 152.
INFORMALITY. The waut of those forms required by law. Informality is a
good ground for a plea in abatement. Com. Dig. Abatement, H 1, 6; Lawes, Pl.
106; Gould, Pl. c. 5, part 1, 132.
INFORMATION. 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.
2. 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 .
3. 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, Constitution, 1780 3 Bl. Com.
4. 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 NATURE OF A WRIT OF QUO WARRANTO, remedies. The
name of a proceeding against any one who usurps a franchise or office.
2. Informations 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. 86; 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
INFORMATUS NON SUM, pleading, practice. I am not informed; a formal
answer made in court, or put upon record by an attorney when he has nothing to
say in defence of his client. Styles Reg. 372.
INFORMER. A person who informs or prefers an accusation against
another, whom he suspects of the violation of some penal statute.
2. 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;
Rosc. Cr. Ev. 107; 5 Mass. R. 57; 1 Dall. 68; 1 Saund. 262, c. Vide articles
INFORTIATUM, civil law. The second part of the Digest or Pandects of
Justinian, is called infortiatum: see Digest. This part, which commences with
the third title of the twenty-fourth book, and ends with the thirty-eighth 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, Latin. Below, under, beneath, underneath. The opposite of
supra, above. Thus we say primo gradu est supra, pater, mater; infra, filius,
filia. In the first degree of kindred in the ascending line; above, is the
father and the mother; below, in the descending line, the son and daughter.
Inst. 3, 6, l.
2. In another, sense, this word signifies within; as, infra corpus comitatus,
within the body of the county; infra proesidia, within the guards.
3. It also signifies during; as infra furorem during the madness.
INFRA ATATEM. Under age that is, during infancy, or before arriving at
the full age of twenty-one years.
INFRA CORPUS COMITATUS. Within the body of the countt.
2. The common law courts have jurisdiction infra corpus comitatus; the
admiralty, on the contrary, has no such jurisdiction, unless, indeed, the tide
water may extend within such county. 5 Howard's U. S. Rep. 441, 451.
INFRA DIGNITATEM CURAE. Below the dignity of the court. Example, in
equity a demurrer will lie to a bill on the ground of the triviality of the
matter in dispute, as being below the dignity of the court. See 4 John. Ch. 183;
4 Paige, 364; 4 Bouv. Inst. n. 4237.
INFRA HOSPITIUM. Within the inn when once a traveller's baggage comes
infra hospitium, that is, in the care and under the charge of the innkeeper, it
is at his risk. See Guest; Innkeeper.
INFRA PRAESIDIA. 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
praesidia, 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; Hugo, Droit Romain, 90.
INFRACTION. The breach of a law or agreement; the violation of a
compact. In the French law this is the generic expression to designate all
actions which are punishable by the code of France.
INFUSION, med. jur. A pharmaceutical operation, which consists in
pouring a 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. 8 Camp. R. 74.
INGENUI, civ. law. Those freemen who were born free. Vicat, vocab.
2. 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. The forgetfulness of a kindness or benefit.
2. 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 treatmeut, crimes or grievous injuries. 3. If he has
refused him food when in distress. Civ. Code of Lo. art. 1546, 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
INGRESSU. An ancient writ of entry, by which the plaintiff or
complainant sought an entry into his lands. Techn. Dict. 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.