Page:Black's Law Dictionary (Second Edition).djvu/625

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INDEPENDENTER SE HABET

Independenter IB hahet assecuratin a. viagg-in mwis. The voyage insured is an independent or distinct thing from the voyage of the ship. 3 Kent, Comm. 318, note.

INDETERMINATE. That which is ucnertain, or not particularly designated: as if I sell you one hundred husiiels of wheat, without stnting whnt wheat. 1 Bouv. lust. no. 9.30.

INDEX. A booi: containing references. iilpiiiibetically arramed. to the contents of 8 series or collection of volumes; or an addition to a single volume or set of volumes containing such references to its contents.

Index imimi lermn. Language is the exponent of the intention. The language of a statute or instrument is the best guide to the intention. Broom. Max. 022.

INDIANS. The sliorlginnl Inhabitants of North America. Frazee v. Spokane County, 29 Wash. 278, 69 Pac. 782.

—Indian country. This term docs not necessarily import territory on nod and occupied by Indians, but it means all those portions of the l'uitcd States designated by this name in the legislation of congress. Watcra v. Campbell, 4 Saw . 121. Fed. Cas. No. 1'i'.f£(i4; In re Jack- son ((g. C) 40 Fell. 3'i.':.—-Indian tribe. A separate and distinct community or body of the aboriginal lndiiin nice of man found in the United States. Montoya v. U. S 180 U. S. 261. -1 Sup. Ct. 358, -15 L. Ed. . Cherokee Nation v. Georgia. 5 Pet. 17. 8 In. (1 25.

Lat In the civil law. To To fix or tell the price of To inform against; to ac-

INDICARE. show or discover. ri thing. Calvin. cuse.

INDICATIF. An abolished writ by nhich a prosecution was in some cases removed from £1 court-christian to the queen's bench. Enc. Lond.

INDICATION. In the law of evidence. A sign or token; a fact pointing to some in- ference or conclusion. Burrill, Circ. Ev. 251, 252. 263. 275.

INDIGATIVE EVIDENCE. This is not evidence properly so called, but the mere suggestion of evidence propcr, which may possibly be procured if the suggestion is foiiow- ed up. Brown.

INDICAVIT. In English practice. A writ of prohibition thrit lies for a patron of a church, whose cleri: is sued in the spiritual court by the clerk of another patron, for tithes amounting to a fourth part of the value of the living. 3 Bl. Comm. 01; 3 Steph. Comm. 711. So termed from the emphatic word of the Latin form. Reg. Orig. 3511, 36.

INDICIA. Signs; indications. Circum- stances which point to the existence or s

617

IN DICTMENT

given fact ris probable, but not certain. For example, "¢1idici'a, of partnership" are any circumstances which would induce the belief that a given person was in reality, though not ostensibly, a member of a given firm.

INDICIUM. In the civil law. A sign or mark. A species of proof, answering very neiiriy to the circumstantial evidence of the common law. Best. Pres. p. 13, § 11. note; Wills, (lire. Ev. 34.

INDICT. See INDICTMENT.

INDICTABLE. Proper or necessary to be prosecuted by process of indictuient

INDICTED. Charged in an indictment with a criminal offense. See Inoicnmnr.

INDICTEE. A person indicted.

INDICTIO. laration; a proclamation. deCl.lI‘Ilt.lOlI or indiction of war. ment.

In old public law. A dec- Imiictio Dclli. a An indict-

INDICTION, CYCLE 0!‘. A mode of computing time by the space of fifteen years. instituted by Constantine the Great; origi- nally the period for the payment of certain taxes. some or the charteis of King Edgar and Henry III, are dated by indictions. Wharton.

IN'DIC'.I‘M.EN'1‘. An indictment is an accusation in writing found and presented by I1 grand jury. legally convolied and sworn, to the court in which it is impaneled. charging that a person therein named has done some act, or been guilty of some omission, which, by lriw, is a public ode-use, puiiisliahle on indictment. Code Iowa 1880. § 4295; Pen. Code Cal. § 917; Code Ala. 1886. § -1364. And see Grin v. Shine. 187 U. S. 181. 23 Sup. Ct. 9S. 47 L Ed. 130: State v. \Tall:er. 32 N. C. 236; Ex parte Hiirt. 133 Fed. 259. 11 C. C. A. 163, 28 L. H. A. 801; Ex piirte Rain. 121 U. S. 1. 7 Sup. Ct. 781, 30 L. Ed. 549: Ex parte Slater, 72 Mo. 102; Finley v. State, 61 Al.-1. J 201.

A presentment d.il1’ers from an ll.‘i(l.lLtl.llI’I.it in that it is an accusation mode by :1 .-zrnnd jury of their own motion. either upon tlwir D\\D ub- serialion and knowledge, or upon eiiilence before them: while an indictment is preferred at the suit of the govclnment, and is usually f1:1ui- ed in the first instance by the prosecuting offlccr of the government, and by iiim laid before the gmnd jury. to be found or ignored. An in- formation resomhies in its form and substance an indictment, but is filed at the more discretion of thc proper law officer of the government. L without the intervention or apprmui of a. grand jury. 2 Story. Const. §§ 1784. 17515.

In Scotch law. An indictment is the form of process by which a criminal is brought to trial at the instance of the lord advocate.

Where a private party is a principal prosecu- M