Page:Black's Law Dictionary (Second Edition).djvu/604

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IMPORTATION

"Covenant," “Dedication.” "Easement," "In- vitation," “Malice.” “Notice,” "Powers,” “Tiust," “Use," “Walver," and “Wi1rr21nty," see those titles.

IMPORTATION. The act of bringing goods and merchandise into a country from a foreign country.

IMPORTS. Importatjons; goods or other property imported or brought into the country from a foreign country.

IMPORTUNITY. Pressing solicitation; urgent request; application for a ciaim or favor which is urged with troublesome fre- quency or pertinacity. Webster.

IMPOSITION. An impost; tax; contri- bution. Paterson v. Society, 24 N. J. Law, 400; Singer i\ifg. Co. v. Heppenheimer, 58 N. J. IAIW, 633. 34 Atl. 1001, 32 L R. A. 643.

IDEOSSIBILITY. That which, in the constitution and course of nature or the law, no man can do or perform. See Kinubcr v. San Diego Street-Car. Co.. 95 Cal. 353, 30 Pac. 5:15; Reid v. Alaska Packing Co.. 43 Or. 429. 73 Pac. 337.

impossibility is of the following several sorts:

An act is physically impossible when it is coi.iti'ary to the course of nature. Such an inipossiliility may be either absolute, l. 5.. impossible in any case, (a. g , for A. to reach the moon.) or rclalii-e, (sometimes called “imposslhiiity in fact.") i. 9., arising from the circumstances of the case. (9. g., for A. to make a payment to 13.. he being a de ceased person.) To the latter class belongs what is sometimes caiied "pi-izcti'cn.l impossi- bility," which exists when the act can be done, but only at an exccssiie or nureasonable cost. An act is legally or juririlcally impossible when a rule of law makes it impossible to do it; c. g., for A. to make a valid will before his majority. This class of acts must not be confounded with those which are possible. aitliough f0['i\1li(](!l1 by law, as to commit a theft. An act is logically impossihie when it is contrary to the nature of the transaction, as where A. gives property to B. e.\'pi'e-ssly for his own benefit. on condition that he transfers it to 0. Sweet

Impossibilium nulls. nbligntio est There is no obligation to do impossihie things. Dig. 50, 17. 1S5: Broom, Max. 249.

IMPOSSIBLE CONTRACTS. An impossible contract is one nhicb the law will nol hold binding l.l1'\0i;l the pa ' ics. because of the natural or legal impossibility of the performance by one party of that vihich is the consideration for the promise of the other. 7 \‘V:1it, Act. & Def. 12-1.

Impossible contracts, which will be deemed void in the eye of the low, or of which the

596

IMPRESORIPTIBLE RIGHTS

performance will be excused, are such contracts as ca.i1not he performed. either because of the nature of the obligation undertaken, or because of some supervening event which renders the perforinance of the obligation either physically or legally impossible. 10 Amer. & Eng. Enc. Law, 176.

IMPOSTS. Taxes. duties, or imposltionia. A duty on imported goods or merchandise. Story, Const. S 949. And see Noi-us v. Bo-r ton, 4 Metc fliiass.) 296; Pacific Ins. Co. V. Soule, 7 Wail. 435. 19 L Ed. 95; Woodrufl V. Parham, 3 Wall. 131, 19 L Ed. 3'21’: Dooiey v. U. S., 183 U. S. 151. 22 Sup. 0:. 62. 43 L Ed. 128; Passenger Cases, 7 How. 407. 12 L Ed. 702.

Impost is a tax received by the prince for such mei-ihaudises as are brought into any haven within his ilomlnions from i'oi'ci_:n Di‘- tions. It may in some sort be distinguisiiai from customs, because customs are rather that profit the prince miiketh of w.'.u'cs siiippeil out: yet they are frequently confounded. Cowell.

IMPOTENCE. In medical jurispru- dence. The inciipaclty for copuiafinn or propagating the species. Properiy used of the male: but it has also been used synon- yrnously with “steriiity." Grifteth v. Grideth. 162 III. 368, 44 N. E. 820; Payne v. Payne, 46 Minn. 467. 49 N. W. 230, 24 Am. St. Rep. 240; Kempf v. Kempf. 34 Mo. 213.

Impotentln excnsnt legem. Co. Litt 29. The impossibility of doing What is ic- quired by the law excuses from the perform- ance.

IMPOTENTIAM, PROPERTY PROPTER. A qualified property, which may subsist in animals fora: milm-as on account of their inahiiity, as where hawks, herons or other birds bniid in a person's trees, or conies. etc... make their nests or burrows in a person's land, and have vouna there, such person has a qualified property in them till they can fly or run away, and then such property expires. 2 Steph. Comm. (7th Ed.) 8.

IMPOUND. To shut up stray animals or d.‘istra.incd goods in a pniiiicl. Thom-is v. Harries, 1 Man. 8: G. 703: Goodseli v. Dunning, 34 Conn. 257; Howard v. Bartiett, T0 Vt. 314. 40 AH. 825.

To take into the custody of the law or of a court Thus, a court will sometimes im- zmimd B. suspicious document produced at ii trial.

HVIPRESCRIPTIBILIIY. The state or quality of being incapable of IJi'eS('l'i1ItiUI]: not of such a character that a rub: to it can be gained by prescription.

IMIPRESCEIPTIBLE RIGHTS. Such rights as a person may use or not, at pleas-

nre, since they cannot be lost to him by