Page:Black's Law Dictionary (Second Edition).djvu/606

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IMPROVE

IMPROVE. In Scotch law. To disprove; to invalidate or impeach; to prove false or forged. 1 Forb. Inst. pt. 4, p. 162.

To improve a lease means to grant a iease of unusual duration to encourage a tenant, when the soil is exhausted, etc. Bell; Stair, lust. p. 676, 5 23.

IMPROVED. Improved land is such as has been reclaimed, is used for the purpose of husbandry, and is cultivated as such, whether the appropriation is for tillage, meadow, or pasture. “lmprove" is synony- mous with "cultivate" Clark v. Phelps. 4 Cow. (N. Y.) 190. .

IMPROVEMENT. A valuable addition made to property (usually real estate) or an amelioration in its condition, amounting to more than mere repairs or replacement of waste, costing labor or capital, and intended to enhance its value and utility or to adapt it for new or further purposes. Spencer v. Tobey, 22 Barb. (N. Y.) 269: Allen v. Mc- Kay, 120 Cal. 332. 52 Pac. 828: Simpson V. Robinson. 37 Arli. 132.

In American Land law. An act by which a locator or settler expresses his intention to cuitiiute or ciear certain laud; an act expressive of the actual possession of land: as by erecting a cabin, planting a corn-field, deadening trees in a forest: or by merely marh g trees, or even by piling up a brush- heap. Burriii. And see In re Leet Tp. Road, 159 Pa. 72. 28 At]. 238; Blxler v. Baker, 4 Din. (Pa.) 217.

An “improvement." under our land system, dnr,-s not mean a general enhancemcnt of the value of the tract from the occnpant’s operations. It has a more limited moaning, which has in view the population of our forests, and the increase of agricultural products All vsorks which are directed to the creation of homes for families, or are substantiai steps towards bringing lands into cultivation, have in their resiiits the speciai character of “i_mprt_i\ements." and, under the land iaws of the United States and of the several states, are encoiiriged. Some times their minimum extent is defined as requi- site to conicy rights. In other cases not. But the test winch runs through all the cases is always this: Are they reai, and made bomz fide, in accordance with the policy of the law. or are they only calorabie, and made for the purpose of fraud and speculation? Simpson v. Robinson, 37 Ark. 137.

In the law of patents. An addition to, or modification of, a previous invention or discovery. intended or claimed to increase its utility or value. See 2 Kent, Comm. 366-372. And see Geiser Mfg. Co. v. Frich Co. (C. C.) 37'.’ Fed. 191; Joiiet Mfg. Co. v. Dice, 105 Ill. 65!); Schwarzwaelder v. Detroit (C. C) 77 Fed. 891; Reese's Appeal. 122 Pa. 392. 15 Ati. 807: Rheem v. Hoiiiduy, 16 Pa. 352; Aliison Bros. Co. v. Allison, 144 N. Y. 21, 38 N. E. 956.

—Local improvement. By common usage, n‘s1iccil3.lly as E\idI'.‘lJC\’d by the practice of courts and text—writers, the term “local improveuients" is employed as signifying improvements made in

598

IMPUTATION OF PAYMENT

icular locality, by which the real property in; or near such iocaiity ls specially benefited. such as the improvement of highways. grading. paving, curbing, laying sewers. etc. li- iinois Cent. R Co. v. Decatur, 15-1 Ill. 1 " N. E. 626: Rogers v. St. Paul. 22 Minn

gs, 67 Ar . 30, 5. . W. " ' SI1\‘6ow York L. Ins. Co. v. Prest (C. C.) 71


IMPROVEMENTS. A term used iu leases, of doubtful meaning It would seem to apply principaily to buildings, though generaily it extends to the amelioration of every description of property, whether real or personal; but, when contained in any doc- ument, its meaning is generaily explained by other words. 1 Chit. Gen. Pr. 174.

IMPROVIDENCE, as used in a statute excluding one found incompetent to execute the duties of an administrator by reason of lmprovideuce, means that want 01' care and foresight in the management of property which would be likely to render the est its and effects of the intestate unsafe, and liable to be lost or diminished in value, in case the administration should be committed to lhe improvident person. Coope v. Lowerre, 1 Barb. Ch. (N. Y.) 45.

IMPROVIDENTLY. A judgment. decree. rule. injunction, etc., when given or reu- dered witiiout adeqiiate consideration by the court, or without proper information as to aii the circumstances affecting it, or hased upon a mistaken assumption or misleading information or advice. is sometimes said to have been “lmprovldently” given or issued.

IMPRIIIARE. 1n old records. To im prove iaud l1npv'uirIin,enrti11n, the improie meut so made of it. Cowell.

IMPUBES. Lat. In the civil law. A minor iuider the age of puberty; a male under fourteen years of age: a female under twelve. Calvin: Mnckeld_ Rom. Luw.§ 138

IMPULSE. As to “irresistible" or "ucnontrollable" impnise, see INSANITY.

Impunitns continuum aifeetnm tribnil delinquendi. 4 Colic, 45. impunity con- firms the disposition to commit crime.

Impnnities Qmper nd deteriorn invitnt. 5 Coke. 109. Impunity always invites to greater crimes.

IMPUNITY. from penalty or punishment. ers, 36 Tex. 153.

Exemption or protection Dillon v. Rog-

IMPUTATIO. Legal liability.

Lat. In the civil law.

IMPIYTATION OF PAYMENT. In the civil law. The application of a payment

made by a debtor to his creditor.