Page:Black's Law Dictionary (Second Edition).djvu/629

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INEVITABLE. Incapable of being avoided: fortuitous; transcending the power of hu- man care, foresight, or exertion to avoid or prevent, and therefore suspending legal relations so far as to excuse from the perform- ance of contract obligations, or from liability for consequent loss.

—Inevitnhle accident. An inevitable accillcul is one producid by an irresistible physical cause; an accidn-nt which cannot be prevented by human skill or f\‘iI‘PSl],'l.lf._ lIut_resull's from natural causes. such as Lightning or storms. perils of the sea, lnundntions or earth- quakes, or sudden death or iilness. By irresistibic force is meant an l_n[Sl'pOslt'lOl:i of human agency. from its nature and power absolutely

uncontrollable. Bruusseau v. The Hudson. 1_1 L1. Ann. 428' tate v. Lewis. 10'? N C 96

. 1 L. R. A. 105: Russell \. Fagzin. 7 Houst. (Del.) 3380. 8 All. 258: Huli v. Cheney. 36 Ni. H. 30: i\'ei\port Nous & V. Co. v. U. S.. 61 Fed. 488. 9 C. C. A. 579; The R. L Mahcy. 14 Wall. 215. 20 L Ed. 381: The Lnckliho. 3 W. Rob. 31S. Inevitable accident is where a vessel is pursuing a lawful uvocation in a lawful manner, using the proper precautions against danger, and an accident occurs. The highest degree of caution that can be used is not required. It is enough that it is reasonable under the rircumstanccs; such as is usual in si ‘iar cases, and has been found hy iong experience to be sufficient to answer the end in \icw.—the safety of life and prop- erty. Thc Grace Girrli '. 7 Wall. 190. 19 L. Ed. 113. Inevitable accident is only wiieu the disaster happens from natural causes, without negligence or fauit on either side, and when both parties have enlleavored, by every means in their power, with due care and caution, and with a proper display of nautical skill. to prevent the occurrence of the accident. Sampson V. U. S., 12 Ct. Ci. 491.

12 53.1114.” 1

IN]-IWARDUS. A guard; a watchman. Domesday. INFALISTATUS. In old English law.

Exposed upon the sands, or sea-shore. A species of punishment mentioned in Heng- ham. Cowell.

INPAMIA. disgrace.

By infumia jui-is is meant infamy estabiish_ed by _law as the consequence of crime; m- anila facti is where the party is supposed to c guilty of such crime, but it has not been ju-

Lat. Infamy; ignominy or

rlicially proved. Comm. v. Green, 17 Mass. 515. 541. INFAMIS. Lat. In Roman law. A per-

son uhose right of reputation was diminish- cd (involving the loss of some of the rights of citizenship) either on account of his in» famous avocntion or h(-.-cause of conviction for crime. Mackcld. Rom. Law, § 13:‘:


INPAMY. A quaiiflcation of a man's legal status produced by his conviction of nn infamous crime and the consequent loss of honor and credit, which, at common law, rendered htni incompetent as a witness, and by statute in some jurisdictions entails other disabilities. l\ir'CaEerty v. Guy er. 59 Pa. 110; EX parte Wilson, 114 U. S. 417, 5 Sun.



Ct. 935, 29 L. Ed. 89; State v. Clark, 60 Kan. 450, 56 Pac. T67.

INFANCY. l\Iinorit_v-: the state of a person who is under the age of icgal majority, —¢1t common law, twenty-one years. According to the sense in which this term is used, it may denote the condition of the person merely with reference to his )eillS, or the contractual disabilities which non-age entails, or his status with regard to other powers or relations. Kenting v. Railroad Co., 94 Mich. 219, 53 N. W. 1053; Anony- mous, 1 Salk. 44; Code Miss. 1892, § 1503. —Na.tnra1 infancy. A period of uon-responsihie life, which ends with the seventh year. Wharton.

INPANGENTHEI‘. In old English law. A priviiege of lords of certain manors to judge any thief taken within their fee.

INFANS. Lat. In the Civil law. A child under the age of seven years; so called “quasi iuipos faiuh," (as not having the fac- ulty of speech.) Cod. ' 8, 18, S.

Infanl non multum 3 flu-ioso rlistat. An infant does not differ much from a lunatic. Bract. 1. 3, C. 2. § 8; Dig. 50, 17, 5, 40; 1 Story, Eq. Jur. §§ 223, 224, 242.

INFANT. A person within age, not of age, or not of full age; a person under the age of twenty-one years; a minor. Co. Litt. 17112; 1 Bl. Comm. 463466; 2 Kent, Comm. 233.

INFANTIA. Lat. In the civil law. The period of infancy betwcen birth and the age of seven years. Caivin.

INFANTICLDE. The murder or killing of an infant soon after its birth. The fact of the birth distinguishes this act from “f(eticide" or “procuring abortion." which terms denote the destruction of the faitua in the womb.

INFANTS’ MARRIAGE ACT. The statute 18 5: 19 Vict. c. 43. By virtue of this act every infant, (if a male, of twenty, or, if a female, of seventeen. ye:irs,—scction 4.) upon or in contemplation of marriage, may, with the sanction of the chancery d.i\i- sion of the high court, make a valid settlement or contract for a settlement of prop- erty. Wharton.

INPANZON. In Spanish law. A person of noble hirth, who exercises withio his domains and inheritance no other rights and privileges than those conceded to him Escriche.

INFECTION. in medical jurisprudence. The transmission of disease or disease germs from one person to another. either directly by C0lit.lCt with nmrhidly aflcctcd surfaces.