Page:Black's Law Dictionary (Second Edition).djvu/626

From Wikisource
Jump to navigation Jump to search
This page needs to be proofread.


INDICTMENT

tot, he brings his charge in vibat is termed the "form of criminal letters."

—Joint indictment. When several offenders are joined in the same indictment, such an indictmi-nt i called a “joint inilictinentf’ as when principals in the lirst and second degree, and necessaries before and after the fact, are all joined in the same indictment. 2 Hale, I’. C. 173; Brown. -

Indictment rlo felony est contra paceni rlomini roglii. cornnrun et dignitatem niarn, in genera et non in infliviiluo; quit: in Angljii non est inter-i-egnum. Jenk. Cent. 205. Indictment for felony is against the peace of our lord the king. his crown and dignity in general, and not .ig- nst his indi- vidual person; because in England there is no intcrregnum.

INDICTOR. He who causes another to be indicted. The latter is sometimes called the "indlttee."

INDIFFERENT. Impartial; unbiased; disinterested. People v. Vern.ill_ie:i, 7 Cow. (N. Y.) 122; Fox v. Hills. 1 Conn. 307.

INDIGENA. In old English law. A sub- ject born; one born within the realm, or naturalized by act of parliament. Co. Litt. 8a. The opposite of “izZi¢,iimeiiiz." (q. 12.)

II-‘DIG!-.‘.N'l‘. In a general sense an "indigent" person is one who is needy and poor, or one “ ho has not sutlicieiit property to furnish him a living nor any one able to support him and to whom he is entitled to look for support. See Storrs Agricultural School v. Whitney, 54 Conn. 342, 8 Atl. 14]; Juneau County v. Wood County, 100 Wis. 330. 85 N. W. 387; \'‘ity of Lyuchburg v. Slaugiiter. 75 Va. 62. The laws of some of the states d.ls~ tlnguish iictn een 'pau1iers" and “indigent persons," the latter being persons who have no property or source of income sufficient for their support aside from their own labor, though self sup1ioi'tin:; when iihie to work and in employment. See In re Ilybart, 119 N. C. 359, 25 S. E. 3: People v. schohiirie County. 121 I\'. Y. 3-15, 2-1 N. E. 530; Rev. St. 1\Io. 1899, § 4S04(.-1m. St. 1906, p. 2616).

INDIGNITY. In the law of divorce, a species of cruelty addressed to the mind. sensibilities, sell‘-respect, or peisiiiial honor of the suhiect. rather than to the body, and defined as “uninerited contemptuous conduct towards another; any action towards an- other which manitests contempt for him; Contllinely, indviiity, or injury accompanied with insult." Coble v Collie, 55 N. C. 395; E1-mn v. Erwin. 57 N. C. 8-1; Hooper v. Hooper. 19 Bio 357 ; Gooihnan v. Goodman, 80 Mo. App. 281; 1 Bish. Mar. ii: Div. § 826. But the phrase “indignities to the person," as used in statutes. has reference to bodily indignities, as distiiiguislied from such as may be oflered to the mind, sensibilities, or

618

INDIVISIBLE

reputation. Cheatham v. Cheatham. 10 M0. 298; Butler v. Butler. 1 Pars. Eq. Cas. (Pa.) 3%: Kurtz v. Kuitz. 38 Ark. 123. But compare Miller v. Miller, 78 N. C. 105.

INDIRECT. A term almost always used in law in opposition to "direct." though not the only antithesis of the latter word, as the terms “colliitei-ai" and “cross” are sometimes used in contrast with “direct "

As to indirect “Confession. "Contempt," “Evidence," and "Tax," see those titles.

INDISPENSABLE. That which cannot be spared. omitted, or dispensed uith. --I1Id.ispensa.ble evidence. See EVIDENCE.- Indispensable parties. in a suit in equitr. those who not only have an interest in the sub- jcct-matter of the controversy, but an inteivst of such a nature that a final decree cannot be made without either alrecting their interests or leaving the controversy in such a condition that its final determination may be wholly ill(UI.I' sistcnt with equity and stood conscience. Shields 1'. Borrow. 17 How. 139. 1.3 L. Ed. 153: Kendig v. Dean, 97 U. S. 425. 2-1 L Ed. 10131: Maliow v. Hiude. 12 Wheat. 193. (l L. Ed. 599.

INDISTANTER. dcla:

Forthwith ; without

INDITEE. L. Fl‘. In old English law. A person indicted. l\Iirr. c. 1. § 3; 9 Coke, pref.

INDIVIDUAL. As a noun, this term de- notes a single person as distinguished from a group or class, and also. very commonly. 1 private or natural person as distinguished from a partnersliin corporation, or association; but it is said that this restrictive Signi- fication is not necessarily inherent in the word, and that it may, in pi-nper cases. iiiclurle artificliil persons. See Bank of U. S. v. State. 12 Smedes & M. (i\iiss.) 460; Shite v. Bell Telephone Co., 39‘ Ohio St. 310, 38 Am. Rep. 583; I'eiuisyi\-am‘-1 R. Co. v. Caniil Con.i'rs_ 2i Pa. 20. As an adjective. "individ- ual" ineiins pertaiining or belonging to. or characteristlc of. one single person, either in opposition to a firm, association, or corpoiation, or (‘Dl.‘lSi(i(‘led in his reiiition thereto. —Inflividua1 assets. In the law of partnership. property belonging to a member of a part ncrship as his separate nnd private fortune. apart from the assets or propsity belonging to the firm as such or the pnrtnur’s interest there- in.—Ind.iv-idua.l debts. Such as aie due from a member of 11 partners ip in his private or pcrsonai capacity, as (i|5tl|.I" ‘ lied from those

due from the firm or partiic hip. G (lard v. Tlupgoml. 25 Vt. 300. I20 Aiu. Dec. _.i...—Indiv-idua.1 system of location. A term for-

nierlv used in Pennsyliania to designate the location of public lands by surveys. in nhich the land called for by each warrant WllS separatcly siirveyed. Ferguson v. Bloom, 144 Pa. 549. 23 A11. 49.

INDIVDJUUM. Lat. In the civil law. That cannot be divided. Cali l.n.

INDIVISIHLE. Not susceptible of di-

vision or apportionment; iiise1i:1ial)le; en-