Page:Black's Law Dictionary (Second Edition).djvu/602

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IMPEACHMENT

the senate of the United States against an officer.

In England, a prosecution by the house of commons before the house of lords of a com- moner for treason, or other high crimes and misdemeanors, or of a peer for any crime.

In evidence. An allegation. supported

by proof. ihat a witness who has been ex- amined is unworthy of credit. —Ax-ticleo of impeachment. The formal written nliegation of the causes for an impeachment, answering the same purpose as an indictment in an ordinary criminal proceeding. —Cu11atern1 impeachment. The coiinteral impeachment of a judgment or decree is an attempt made to destroy or evade its eifpct as an estoppel, by reopening the merits of the cause or showing reasons why the judgment should not have been given or should not have a conclusive eifect. in any coilateral proceeding, that is. in any action or proceeding other than that in which the judgment was given. or other than an appeai. certiorari, or other di- rect proceeding to review lt.—Impeaehment of annuity. term sometimes used in. English law to denote anything that operates as a hindrance. impediment or obstruction of the making of the profits out of which the annuity is to arise. Pitt v. Williun.is, 4 Ado]. 8: El. SS5.—lmpenchment of waste. Llnbiiity for waste committed; or a demand or suit for compensation for waste committed upon lands or tenements by a tenant thereof who. having only a. ieasehoid or 'pl1l'HCll]'II‘ estate. had no right to commit waste. See 2 Bl. Comm. 283; Sanderson v. Jones. 6 Fla. 450. 63 Am. Dec. 217. -—-Impeachment of witness. Proof that a witness who has testified in a cause is unworthy of credit ‘Vhite v. Railroad Co.. 142 Ind. 649?. 42 N. 1']. 456: Com. v. Welch, 111 Ky. 530, 63 S. W’. 984: Smith v. State. 109 Ga. 479. 35 S. E. 59.

IMPECHIARE. To impeach. to accuse, or prosecute for felony or treason.

IMPEDIENS. In old practice. One who hinders; an unpedient. The defendant or deforciant in a line was sometimes so called. Cowell; Blount.

IMPEDIMENTO. In Spanish law. A prohibition to contract marriage. established by law between certain persons.

IMPEDIMENTS. Disabilities, or hindrances to the making of contracts, such as corertnre, infancy, want of reason, etc.

In the civil law. Dare to marriage.

Absolute inipediments are those which prevent the person subject to them from marrying at all, without either the nullity of marriage or its being punishable. Diri- numt impediments are those which render a marriage void; as where one of the contracting parties is unable to marry by reason of a prior nndjssolved marriage. Praliibitiue inipcdimentx are those which do not render the marriage nuli, but subject the parties to a punishment. Relative impezfimenis are those which regard only certain persons with respect to each other; as between two particular persons who are related within the prohibited degrees. Bowyer, Mod. Civil Law. 44, 45.

594

IMPERTINENCE

IMPEDITOR. In old English law. A d.lsturber in the action of game tmpedit. St. Marlb. C. 12.

IMPENSIE. Lat. In the civil law. Expenses: outlays. Mackeld. Rom. Law. 5 163; Calvin. Divided into necessary. (necessartw,) useful, (1m'les.) and tasteful or orna- mental, (-voluptunrite.) Dig. 50, 16, 79. Sea Id. 25, 1.

IMPERATIVE. See Dmncronr.

IMPERATOR. Emperor. The title of the Roman emperors, and also of the Kings of England before the Norman conquest. God. 1, 14, E; 1 B]. Comm. 242. See Eu- rnnon.

IMP]-DEFECT. As used in various legal compound terms, this word means defective or incomplete: wanting in some legal or formal requisite; wanting in legal sanction or effectiveness; as in speaking of imperfect “obligations," ‘‘ownership," ‘‘rights,’' “title." “nsufruct," or “war." See those nouns.

Imper-ii majestas est tntela: aalun. Co. Litt 64. The majesty of the empire is the safety of its protection.

IMPERITIA. of skill.

Lat. Unskilltulness: want

Imperitin olflpae ndnumeratur. Want of skill is reckoned as wine; that is, as blam- able conduct or neglect. Dig. 50, 17. 132.

lmperitia. est max-ixnn. meelmniconun pcenn. Unskillfulness is the greatesi pun- ishment of mechanics; [that is, from its effect in making them liable to those hy

hom they are employed] 11 Coke. 54a. 'I]he word “paena" in some translations is erroneously rendered “fault "

IMPEEIUM. 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 Touilier. no. 53.

IDEERSONALITAS. Lat‘. Impersonality. A mode of expression where no reference ls made to any person, such as the expresion “at dicitur," (as is said.) Go. Litt. 35217.

Impe:-sonnlitas non eonelndit nee ligat. Co. Litt 35211. lmpersonality neither cocnludes nor binds.

IMPERTINENCE. Irrelevancy; the fault of not properly pertaining to the issue or proceeding. The iutrorluction of any matters into a bill, answer, or other pleading or proceeding in a suit, which are not prop- erly before the court for decision, at any

particular stage of the suit. Story. Eq. Pi