IMMIGRATION. The removing into one place from another. It differs from
emigration, which is the moving from one place into another. Vide
Emigration.
IMMORAL CONSIDERATION. One contrary to good morals, and therefore
invalid. See Moral obligation.
IMMORALITY. that which is contra bonos mores. In England, it is not
punishable in some cases, at the common law, on, account of the ecclesiastical
jurisdictions: e. g. adultery. But except in cases belonging to the
ecclesiastical courts, the court of king's bench is the custom morum, and may
punish delicto contra bonos mores. 3 Burr. Rep. 1438; 1 Bl. Rep. 94; 2 Strange,
788. In Pennsylvania, and most, if not all the United States, all such cases
come under one and the same jurisdiction.
2. Immoral contracts are generally void; an agreement in consideration of
future illicit cohabitation between the parties; 3 Burr. 1568; S. C. 1 Bl. Rep.
517; 1 Esp. R. 13; 1 B. & P. 340, 341; an agreement for the value of
libelous and immoral pictures, 4 Esp. R. 97; or for printing a libel, 2 Stark.
R. 107; or for an immoral wager, Chit. Contr. 156, cannot, therefore, be
enforced. For whatever arises from an immoral or illegal consideration, is void:
quid turpi ex causa promissum est non valet. Inst. 3, 20, 24.
3. It is a general rule, that whenever an agreement appears to be illegal,
immoral, or against public policy, a court of justice leaves the parties where
it finds them; when the agreement has been executed, the court will not rescind
it; when executory, the count will not help the execution. 4 Ohio R. 419; 4
John. R. 419; 11 John. R. 388; 12 John. R. 306; 19 John. R. 341; 3 Cowen's R.
213; 2 Wils. R. 341.
IMMOVABLES, civil law. Things are movable or immovable. Immovables,
res immobiles, are things in general, such as cannot move themselves or be
removed from one place to another. But this definition, strictly speaking, is
applicable only to such things as are immovable by their own nature, and not to
such as are so only by the destination of the law.
>2. There are things immovable by their nature, others by their
destination, and others by the objects to which they are applied.
3. - 1. Lands and buildings or other constructions, whether they have their
foundations in the soil or not, are immovable by their nature. By the common
law, buildings erected on the land are not considered real estate, unless they
have been let into, or united to the land, or to substances previously connected
therewith. Ferard on Fixt. 2.
4. - 2. Things, which the owner of the land has placed upon it for its
service and improvement, are immovables by destination, as seeds, plants,
fodder, manure, pigeons in a pigeon-house, bee-hives, and the like. By the
common. law, erections with or without a foundation, when made for the purpose
of trade, are considered personal estate. 2 Pet. S. C. Rep. 137; 3 Atk. 13;
Ambl. 113
5. - 3. A servitude established on real estate, is an instance of an
immovable, which is so considered in consequence of the object to which it is
applied. Vide Civil Code of Louis. B. 2, t. 1, c. 2, art. 453-463; Poth. Des
Choses, 1; Poth. de la Communante, n. 25, et seq; Clef des Lois Romaines, mot
Immeubles.
IMMUNITY. An exemption from serving in an office, or performing duties
which the law generally requires other citizens to perform. Vide Dig. lib. 50,
t. 6; 1 Chit. Cr. L. 821; 4 Har. & M'Hen. 341.
IMMUTABLE. What cannot be removed, what is unchangeable. The laws of
God being perfect, are immutable, but no human law can be so considered.
IMPAIRING THE OBLIGATION OF CONTRACTS. The Constitution of the United
States, art. 1, s. 9, cl. 1, declares that no state shall "pass any bill of
attainder, ex post facto law, or law impairing the obligation of contracts."
2. Contracts, when considered in relation to their effects, are executed,
that is, by transfer of the possession of the thing contracted for; or they are
executory, which gives only a right of action for the subject of the contract.
Contracts are also express or implied. The constitution makes no distinction
between one class of contracts and the other. 6 Cranch, 135; 7 Cranch, 164. 3.
The obligation of a contract here spoken of is a legal, not a mere moral
obligation; it is the law which binds the party to perform his undertaking. The
obligation does not inhere or subsist in the contract itself, proprio vigore,
but in the law appli- cable to the contract. 4 Wheat. R. 197; 12 Wheat. R. 318;
and. this law is not the universal law of nations, but it is the law of the
state where the contract is made. 12 Wheat. R. 213. Any law which enlarges,
abridges, or in any manner changes the intention of the parties, resulting from
the stipulations in the contract, necessarily impairs it. 12 Wheat. 256; Id.
327; 3 Wash. C. C. Rep. 319; 8 Wheat. 84; 4 Wheat. 197.
4. The constitution forbids the states to pass any law impairing the
obligation of contracts, but there is nothing in that instrument which prohibits
Congress from passing such a law. Pet. C. C. R. 322. Vide, generally, Story on
the Const. 1368 to 1891 Serg. Const. Law, 356; Rawle on the Const. h. t.; Dane's
Ab. Index, h. t.; 10 Am. Jur. 273-297.
TO IMPANEL, practice. The writing the names of a jury on a schedule,
by the sheriff or other officer lawfully authorized.
IMPARLANCE, pleading and practice. Imparlance, from the French,
parler, to speak, or licentia loquendi, in its most general signification, means
time given by the court to either party to answer the pleading of his opponent,
as either, to plead, reply, rejoin, &c., and is said to be nothing else but
the continuance of the cause till a further day. Bac. Abr. Pleas, C. But the
more common signification of the term is time to plead. 2 Saund. 1, n. 2; 2
Show. 3 10; Barnes, 346; Lawes, Civ. Pl. 93, 94.
2. Imparlances are of three descriptions: First. A common or general
imparlance. Secondly. A special imparlance. Thirdly. A general special
imparlance.
3. - 1. A general imparlance is the entry of a general prayer. and allowance
of time to plead till the next term, without reserving to the defendant the
benefit of any exception; so that, after such an imparlance, the defendant
cannot object to the jurisdiction of the court, or plead any matter in
abatement. This kind of imparlance is always from one term to another.
4.-2. A special imparlance reserves to the defendant all exception to the
writ, bill, or count; and, therefore, after it, the defendant may plead in
abatement, though not to the jurisdiction of the court.
5. - 3. A general special imparlance contains a saving of all exceptions
whatsoever, so that the defendant, after this, may plead, not only in abatement,
but he may also plead a plea which affects the jurisdiction of the court, as
privilege. He cannot, however, plead a tender, and that he was always ready to
pay, because, by craving time, he admits he is not ready, and so falsifies his
plea. Tidd's Pr. 418, 419. The last two kinds of imparlances are, it seems,
sometimes from one day to another in the same term. See, in general, Com. Dig
Abatement, I 19, 20, 21; 1 Chit. Pl. 420; Bac. Abr. Pleas, C; 14 Vin. Abr. 335;
Com. Dig. Pleader, D; 1 Sell. Pr. 265; Doct. Pl. 291; Encycl. de M. D'Alembert,
art. Delai (Jurisp.)
IMPEACHMENT, const. law, punishments. Under the constitution and laws
of the United States, an impeachment may be described to be a written
accusation, by the house of representatives of the United States, to the senate
of the United States, against an officer. The presentment, written accusation,
is called articles of impeachment.
2. The constitution declares that the house of representatives shall have the
sole power of impeachment art. 1, s. 2, cl. 5 and that the senate shall have the
sole power to try all impeachments. Art. 1, s. 3, cl. 6.
3. The persons liable to impeachment are the president, vice-president, and
all civil officers of the United States. Art. 2, s. 4. A question arose upon an
impeachment before the senate, in 1799, whether a senator was a civil officer of
the United States, within the purview of this section of the constitution, and
it was decided by the senate, by a vote of fourteen against eleven, that he was
not. Senate Journ., January 10th, 1799; Story on Const. 791; Rawle on Const.
213, 214 Serg. Const. Law, 376.
4. The offences for which a guilty officer may be impeached are, treason,
bribery, and other high crimes and misdemeanors. Art. 2, s. 4. The constitution
defines the crime of treason. Art. 3, s. 3. Recourse must be had to the common
law for a definition of bribery. Not having particularly mentioned what is to be
understood by "other high crimes and misdemeanors," resort, it is presumed, must
be had to parliamentary practice, and the common law, in order to ascertain what
they are. Story, 795.
5. The mode of proceeding, in the institution and trial of impeachments, is
as follows: When a person who may be legally impeached has been guilty, or is
supposed to have been guilty, of some malversation in office, a resolution is
generally brought forward by a member of the house of representatives, either to
accuse the party, or for a committee of inquiry. If the committee report
adversely to the party accused, they give a statement of the charges, and
recommend that he be impeached; when the resolution is adopted by the house, a
committee is appointed to impeach the party at the bar of the senate, and to
state that the articles of impeachment against him will be exhibited in due
time, and made good before the senate, and to demand that the senate take order
for the appearance of the party to answer to the impeachment. The house then
agree upon the articles of impeachment, and they are presented to the senate by
a committee appointed by the house to prosecute the impeachment; the senate then
issues process, summoning the party to appear at a given day before them, to
answer to the articles. The process is served by the sergeant-at-arms of the
senate, and a return is made of it to the senate, under oath. On the return-day
of the process, the senate resolves itself into a court of impeacmment, and the
senators are sworn to do justice, according to the constitution and laws. The
person impeached is called to answer, and either appears or does not appear. If
he does not appear, his default is recorded, and the senate may proceed ex
parte. If he does appear, either by himself or attorney, the parties are
required to form an issue, and a time is then assigned for the trial. The
proceedings on the trial are conducted substantially as they are upon common
judicial trials. If any debates arise among the senators, they are conducted in
secret, and the final decision is given by yeas and nays; but no person can be
convicted without the concurrence of two-thirds of the members present. Const.
art. 1, s. 2, cl. 6.
6. When the president is tried, the chief justice shall preside. The
judgment, in cases of impeachment shall not extend further than to removal from
office, and disqualification to hold and enjoy any office of honor, trust, or
profit under the United States. Proceedings on impeachments under the state
constitutions are somewhat similar. Vide Courts of the United States.
IMPEACHMENT, evidence. An allegation, supported by proof, that a
witness who has been examined is unworthy of credit.
2. Every witness is liable to be impeached as to his character for truth;
and, if his general character is good, he is presumed, at all times, to be ready
to support it. 3 Bouv. Inst. n. 3224, et seq.
IMPEACHMENT OF WASTE. It signifies a restraint from committing waste
upon lands or tenements; or a demand of compensation for waste done by a tenant
who has but a particular estate in the land granted, and, therefore, no right to
commit waste.
2. All tenants for life, or any less estate, are liable to be impeached for
waste, unless they hold without impeachment of waste; in the latter case, they
may commit waste without being questioned, or any demand for compensation for
the waste done. 11 Co. 82.
IMPEDIMENTS, contracts. Legal objections to the making of a contract.
Impediments which relate to the person are those of minority, want of reason,
coverture, and the like; they are sometimes called disabilities. Vide
Incapacity.
2. In the civil law, this term is used to signify bars to a marriage. These
impediments are classed, as they are applied to particular persons, into
absolute and relative; as they relate to the contract and its validity, they are
dirimant (q. v.) and prohibitive. (q. v.) 1. The absolute impediments are those
which prevent the person subject to them from marrying at, all, without either
the nullity of marriage, or, its being punishable. 2. The relative impediments
are those which regard only certain persons with regard to each other; as, the
marriage of a brother to a sister. 3. The dirimant impediments are those which
render a marriage void; as, where one of the contracting parties is already
married to another person. 4. Prohibitive impediments are those which do not
render the marriage null, but subject the parties to a punishment. Bowy. Mod.
Civ. Law, 44, 45.
IMPERFECT. That which is incomplete.
2. This term is applied to rights and obligations. A man has a right to be
relieved by his fellow-creatures, when in distress; but this right he cannot
enforce by law; hence it is called an imperfect right. On the other hand, we are
bound to be grateful for favors received, but we cannot be compelled to perform
such imperfect obligations. Vide Poth. Ob. arc. Pr«liminaire; Vattel, Dr. des
Gens, Prel. notes, 17; and Obligations.
IMPERIUM. The right to command, which includes the right to employ the
force of the state to enforce the laws; this is one of the principal attributes
of the power of the executive. 1 Toull. n. 58.
IMPERTINENT, practice, pleading. What does not appertain, or belong
to; id est, qui ad rem non pertinet.
2. Evidence of facts which do not belong to the matter in question, is
impertinent and inadmissible. In general, what is immaterial is impertinent, and
what is material is, in general, not impertinent. 1 McC. & Y. 337. See
Gresl. Ev. Ch. 3, s. 1, p. 229. Impertinent matter, in a declaration or other
pleading is that which does not belong to the subject; in such case it is
considered as mere surplusage, (q. v.) and is rejected. Ham. N. P. 25. Vide 2
Ves. 24; 5 Madd. R. 450; Newl. Pr. 38; 2 Ves. 631; 5 Ves. 656; 18 Eng. Com. Law
R. 201; Eden on Inj. 71.
3. There is a difference between matter merely impertinent and that which is
scandalous; matter may be impertinent, without being scandalous; but if it is
scandalous, it must be impertinent.
4. In equity a bill cannot, according to the general practice, be referred
for impertinence after the defendant has answered or submitted to answer, but it
may be referred for scandal at any time, and even upon the application of a
stranger to the suit. Coop. Eq. Pl. 19; 2 Ves. 631; 6 Ves. 514; Story, Eq. Pl.
270. Vide Gresl. Eq. Ev. p. 2, c. 3, s, 1; 1 John. Ch. R. 103; 1 Paige's R. 555;
I Edw. R. 350; 11 Price, R. 111; 5 Paige's R. 522; 1 Russ. & My. 28; Bouv.
Inst. Index, h. t.; Scandal.
IMPETRATION. The obtaining anything by prayer or petition. In the
ancient English statutes, it signifies a pre-obtaining of church benefices in
England from the church of Rome, which belonged to the gift of the king, or
other lay patrons. TO IMPLEAD, practice. To sue or prosecute by due course of
law. 9 Watts, 47.
IMPLEMENTS. Such things as are used or employed for a trade, or
furniture of a house.
IMIPLICATA, mar. law. In order to avoid the risk of making fruitless
voyages, merchants have been in the habit of receiving small adventures on
freight at so much per cent, to which they are entitled at all events, even if
the adventure be lost. This is what the Italians call implicata. Targa, chap. 34
Emer. Mar. Loans, s. 5.
IMPLICATION. An inference of something not directly declared, but
arising from what is admitted or expressed.
2. It is a rule that when the law gives anything to a man, it gives him by
implication all that is necessary for its enjoyment. It is also a rule that when
a man accepts an office, he undertakes by implication to use it according to
law, and by non-user he may forfeit it. 2 B1. Com. 152.
3. An estate in fee simple will pass by implication; 6 John.. R. 185; IS
John. R. 31; 2 Binn. R. 464, 532; such implication must not only be a possible
or probable one, but it must be plain and necessary that is, so strong a
probability of intention that an intention contrary to that imputed to the
testator cannot be supposed. 1 Ves. & B. 466; Willes, 141; 1 Ves. jr. 564;
14 John. R. 198. Vide, generally, Com. Dig. Estates by Devise, N 12, 13; 2 Rop.
Leg. 342; 14 Vin. Ab. 341; 5 Ves. 805; 5 Ves. 582; 3 Ves. 676.
IMPORTATION, comm. law. The act of bringing goods and merchandise into
the United States from a foreign country. 9 Cranch, 104, 120; 5 Cranch, 368; 2
Mann. & Gr. 155, note a.
2. To prevent the mischievous interference of the several states with the
national commerce, the constitution of the United States, art. 1, s. 10,
provides as follows: "No state shall, without the consent of the congress, lay
any imposts or duties on imports or exports, except what may be absolutely
necessary for executing its inspection laws, and the net produce of all duties
and imposts, laid by any state on imports or exports, shall be for the use of
the treasury of the United States; and all such laws shall be subject to the
revision and control of the congress."
3. This apparently plain provision has received a judicial construction. In
the year 1821, the legislature of Maryland passed an act requiring that all
importers of foreign articles, commodities, &c., by the bale or package, of
wine, rum, &c., and other persons selling the same by wholesale, bale or
package, hogshead, barrel or tierce, should, before they were authorized to
sell, take out a license for which they were to pay fifty dollars, under certain
penalties. A question arose whether this act was or was not a violation of the
constitution of the United States, and particularly of the above clause, and the
supreme court decided against the constitutionality of the law. 12 Wheat.
419.
4. The act of congress of March 1, 1817, 3 Story, L. U. S. 1622,
provides:
5. - 1. That, after the 30th day of September next, no goods, wares, or
merchandise, shall be imported into the United States from any foreign port or
place, except in vessels of the United States, or in such foreign vessels as
truly or wholly belong to the citizens or subjects of that country of which the
goods are the growth, production or manufacture; or from which such goods, wares
or merchandise, can only be or most usually are, first shipped for
transportation: Provided, nevertheless, That this regulation shall not extend to
the vessels of any foreign nation which has not adopted, and which shall not
adopt a similar regulation.
6. - 2. That all goods, wares or merchandise, imported into the United States
contrary to the true intent and meaning of this act, and the ship or vessel
wherein the same shall be imported, together with her cargo, tackle, apparel,
and furniture, shall be forfeited to the United States and such goods, wares, or
merchandise, ship, or vessel, and cargo, shall be liable to be seized,
prosecuted, and condemned, in like manner, and under the same regulations,
restrictions, and provisions, as have been heretofore established for the
recovery, collection, distribution, and remission, of forfeitures to the United
States by the several revenue laws.
7. - 4. That no goods, wares, or merchandise, shall, be imported, under
penalty of forfeiture thereof, from one port of the United States to another
port of the United States, in a vessel belonging wholly or in part to a subject
of any foreign power; but this clause shall not be construed to prohibit the
sailing of any foreign vessel from one to another port of the United States,
provided no goods, wares, or mere other than those imported in such vessel from
some foreign port, and which shall not have been unladen, shall be carried from
one port or place to another in the United States.
8. - 6. That after the 30th day of September next, there shall be paid upon
every ship or vessel of the United States, which shall be entered in the United
States from any foreign port or place, unless the officers, and at least
two-thirds of the crew thereof, shall be proved citizens of the United States,
or persons not the Subjects of any foreign prince or state, to the satisfaction
of the collector, fifty cents per ton: And provided also, that this section
shall not extend to ships or vessels of the United States, which are now on
foreign voyages, or which may depart from the United States prior to the first
day of May next, until after their return to some port of the United States.
9.- 7. That the several bounties and remissions, or abatements of duty,
allowed by this act, in the case of vessels having a certain proportion of
seamen who are American citizens, or persons not the subjects of any foreign
power, shall be allowed only, in the case of vessels having such proportion of
American seamen during their whole voyage, unless in case of sickness, death or
desertion, or where the whole or part of the crew shall have been taken
prisoners in the voyage. Vide article Entry of goods at the Custom-house.
IMPORTS. Importations; as no state shall lay any duties on imports or
exports. Const. U. S. Art. 1, s. 10; 7 How. U. S. Rep. 477.
IMPORTUNITY. Urgent solicitation, with troublesome frequency and
pertinacity.
2. Wills and devises are sometimes set aside in consequence of the
importunity of those who have procured them. Whenever the importunity is such as
to deprive the devisor of the freedom, of his will, the devise becomes
fraudulent and void. Dane's Ab. ch. 127, a. 14, s. 5, 6, 7; 2 Phillim. R. 551,
2.
IMPOSITIONS. Imposts, taxes, or contributions.
IMPOSSIBILITY. The character of that which. cannot be done agreeably
to the accustomed order of nature.
2. It is a maxim that no one is bound to perform an impossibility. A
l'impossible nul n'est tenu. 1 Swift's Dig. 93; 6 Toull. n. 121, 481.
3. As to impossible conditions in contracts, see Bac. Ab. Conditions, M; Co.
Litt. 206; Roll. Ab. 420; 6 Toull. n. 486, 686; Dig. 2, 14, 39; Id. 44, 7, 31;
Id. 50, 17, 185; Id. 45, 1, 69. On the subject of impossible conditions in
wills, vide 1 Rop. Leg. 505; Swinb. pt. 4, s. 6; 6 Toull. 614. Vide, generally,
Dane's Ab. Index, h. t.; Clef des Lois Rom. par Fieff« Lacroix, h. t.; Com. Dig.
Conditions, D 1 & 2; Vin. Ab. Conditions, C a, D a, E a.
IMPOSTS. This word is sometimes used to signify taxes, or duties, or
impositions; and, sometimes, in the more restrained sense of a duty on imported
goods and merchandise . The Federalist, No. 30; 3 Elliott's Debates, 289; Story,
Const. 949.
>2. The Constitution of the United States, art. 1, s. 8, n. 1, gives power
to congress "to lay and collect taxes, duties, imposts and excises." And art. 1,
s. 10, n. 2, directs that "no state shall, without the consent of congress, lay
any imposts, or duties on imports or exports, except what may be absolutely
necessary for executing its inspection laws." See Bac. Ab. Smuggling, B; 2 Inst.
62; Dy. 165 n.; Sir John Davis on Imposition.
IMPOTENCE, med. jur. The incapacity for copulation or propagating the
species. It has also been used synonymously with sterility.
2. Impotence may be considered as incurable, ourable, accidental or
temporary. Absolute or incurable impotence, is that for which there is no known
relief, principally originating in some malformation or defect of the genital
organs. Where this defect existed at the time of the marriage, and was
incurable, by the ecclesiastical law and the law of several of the American
states, the marriage may be declared void ab initio. Com. Dig. Baron and Feme, C
3; Bac. Ab. Marriage, &c., E 3; 1 Bl. Com. 440; Beck's Med. Jur. 67; Code,
lib. 5, t. 17, l. 10; Poynt. on Marr. and Div. ch. 8; 5 Paige, 554; Merl. R«p.
mot Impuissance. But it seems the party naturally impotent cannot allege that
fact for the purpose of obtaining a divorce. 3 Phillim. R. 147; S. C. 1 Eng.
Eccl. R. 384. See 3 Phillim. R. 325; S. C. 1 Eng. Eccl. R. 408; 1 Chit. Med.
Jur. 877; 1 Par. & Fonbl. 172, 173. note d; Ryan's Med. Jur. 95. to 111; 1
Bl. Com. 440; 2 Phillm. R. 10; 1 Hagg. R. 725. See, as to the signs of
impotence, 1 Briand, M«d. L«g. c. 2, art. 2, 2, n. 1; Dictionnaire des Sciences
M«dicales, art. Impuissance; and, generally, Trebuchet, Jur. de la. Med. 100,
101, 102; 1 State Tr. 315; 8 State Tr. App. No. 1, p. 23; 3 Phillm. R. 147; 1
Hagg. Eccl. R. 523; Foder«, M«d. L«g. 237.
IMPRESCRIPTIBILITY. The state of being incapable of prescription.
2. A property which is held in trust is imprescriptible; that is the trustee
cannot acquire a title to it by prescription; nor can the borrower of a thing
get a right to it by any lapse of time, unless he claims an adverse right to it
during the time required by law.
IMPRIMATUR. A license or allowance to one to print.
2. At one time, before a book could be printed in England, it was requisite
that a permission should be obtained that permission was called an imprimatur.
In some countries where the press is liable to censure, an imprimatur is
required.
IMPRIMERY. In some of the ancient English statutes this word is used
to signify a printing-office, the art of printing, a print or impression.
IMPRIMIS. In the first place; as, imprimis, I direct my just debts to
be paid. See Item.
IMPRISONMENT. The restraint of a person contrary to his will. 2 Inst.
589; Baldw. Rep. 239, 600. Imprisonment is either lawful or unlawful; lawful
imprisonment is used either for crimes or for the appearance of a party in a
civil suit, or on arrest in execution.
2. Imprisonment for crimes is either for the appearance of a person accused,
as when he cannot give bail; or it is the effect of a sentence, and then it is a
part of the punishnient.
3. Imprisonment in civil cases takes place when a defendant on being sued on
bailable process refuses or cannot give the bail legally demanded, or is under a
capias ad satisfaciendum, when he is taken in execution under a judgment. An
unlawful imprisonment, commonly called false imprisonment, (q. v.) meaus any
illegal imprisonment whatever, either with or without process, or under color of
process wholly illegal, without regard to any question whether any crime has
been committed or a debt due.
4. As to what will amount to an imprisonment, the most obvious modes are
confinement in a prison or a private house, but a forcible detention in the
street, or the touching of a person by a peace officer by way of arrest, are
also imprisonments. Bac. Ab. Trespass, D 3; 1 Esp. R. 431, 526. It has been
decided that lifting up a person in his chair, and carrying him out of the room
in which he was sitting with others, and excluding him from the room, was not an
imprisonment; 1 Chit. Pr. 48; and the merely giving charge of a person to a
peace officer, not followed by any actual apprehension of the person, does not
amount to an imprisonment, though the party to avoid it, next day attend at a
police; 1 Esp. R. 431; New Rep. 211; 1 Carr. & Pavn. 153; S. C. II Eng. Com.
Law, R. 351; and if, in consequence of a message from a sheriff's officer
holding a writ, the defendant execute and send him a bail bond, such submission
to the process will not constitute an arrest. 6 Bar. & Cres. 528; S. C. 13
Eng. Com. Law Rep. 245; Dowl. & R. 233. Vide, generally, 14 Vin. Ab. 342; 4
Com. Dig. 618; 1 Chit. Pr. 47; Merl. R«pert. mot Emprisonment; 17 Eng. Com. L.
R. 246, n.
IMPROBATION. The act by which perjury or falsehood is proved. Techn.
Dict. h. t.
IMPROPRIATION, eccl. law. The act, of employing the revenues of a
church living to one's own use; it is also a parsonage or ecclesiastical living
in the hands of a layman, or which descends by inheritance. Techn. Dict. h.
t.
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