Page:Black's Law Dictionary (Second Edition).djvu/631

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INFIDUCIARE 6

INFIDUCIARE. To pledge property.

In old European law. Spelnian.

INFII-IT. Sax. An assault m.ide on a peison inhabiting the same dwelling.

Inflnitnm in jlire reprobatur. That which is endless is reprolmted in law. 12 Cake. 2-}. Applied to litigation

INFIRM. Weak, feeble. The testimony of an "infirm" witness may be taken do

bone ease in some circumstances. See 1 P. Wms. 117. INFIRMATIVE. In the law of evidence.

l-lasing the quality of diminishing force; having a tendency to weaken or render in- firm. 3 Beutll. Jud. EV. 1%; Best, Pres. § 217. —Iniiz-mative consideration. In the law of evidence. A consideration, supposition. or hypothesis of which the criminative facts of a case admit, and which tends to weaken the in- ferencc or presumption of guilt dz-ducible from

em. Burrill, Circ. Ev. 133— 5" 11 runs.- tive fact. In the law of evide Ce. A fact set up, proved, or even supposed, in opposition to the ciiniinative facts of the case, the tendency of which is to weaken the force of the inference of guilt deducible from them. 3

an . Jud. Ev. 14; Best, Pres. § 217, et seq. —Inflri.uative hypothesis. A term sometimes used in criminal evidence to denote an hypothesis or theor of the case vihich assulnes the defendants innocence, and explains the criminetive evidence in a manner consistent Vlilh that assumption.

INFLUENCE. See UNDUI: INFLUENCE. INFORMAL. Deficient in legal form; iiiartificially drawn up.

INFORMALITY. Want of legal form. See State v. Gtilliinon, 24 N. C. 377; Fl'tll.il(li.ll v. Mackey, 16 Serg. & R. (Pa.) 118; Ilunt v. Curry, 37 Ark. 108.

INFORMATION. In practice. An acciisntion exhlliited against a person for some 1.-riniinal olfense, wlthout an indictment. 4 BL Comm 308.

An accusation in the nature of an lndict- ment, from which it dllfers only in being presented by a competent public officer on his oath of office, instead of a grand jury on their oath. 1 Bish. Ci-im. Proc. § 141; People v. Sponsler, 1 Dali. 289, 46 N. W. 459: Goddard v. State. 12 Conn. 452; State v. Ashley, 1 Ark. 279; Cleppcr v. State, 4 Tex. 2-16.

The word is also frequently used in the law In its sense of comniiinlcated knowledge, and alliduiits are frequently made, and pleadings and other dot-umente verified, on “information and belief."

In French law. The act or instrument which contains the depositions of witnesses against the accused. Poth. Proc. Civil, § 2, art. 5.

—Criminn1 information. A formal accu- sation of crime, dificring from an indictment only in that it is preferred by B. prosecuting

3 IN FRA AN N UM LUCTUS

officer instead of by a grand jury. U. S. v. Berger (C. C.) 7 Fed. 193; State v. Barrel]. 75 VI. 302, 54 All. 183, 93 Am. St. Rep. 813. —Infornintion in the nature of a nun wax-rnnto. A proceeding against the usui-per of a franchise or ollice. See Quo WA.B.|€ANl‘l). —Infox'mntion of intrusion. A proceeding instituted by the slate prosecuting ollicer ngninst intruders upon the public domain. See Gen. St. Mass. c. 141; Com. v. Andre's Heirs, 3 Pick. |Mu.ss.) 224; Conn. v. Him, 6 Ijeigh (Va.) 588, 29 Am. Dec. 226.

INFORMATUS NON SUM. In practice. I am not informed. A formal answer made by the defendant's attorney in conit to the effect that he has not been advised of any defense to be made to the i1C'tlOlJ. Thereupon judgment by default passes.

INFORMER. A person who informs or prefers an accusation against another, whom he suspects of the violation of some penal statute.

—Cnmincn informer. A common prosecutor. A person who habitually felrets out crimes and oifenses and lnysjnformation thereof before the ministers of justice, in order to set a prosecution on foot, not because of his office or any special duty in the matter, but for the sake of the share of the line or penalty which the law allots to the informer in ceitain cases. Also used in a less invidious sense, as designating persons who were aullioiized and enipowered to bring actions for penalties. . S. v. Stock- élléla’ (D. C.) 87 Fed. 861; In re Barker, 56 Vt.

INTORTIATUM. The name given by the glossators to the second of the three parts or volumes into which the Panduts were di- vided. The glossntors at Bulugnzl had at first only two parts, the lirst culled “Digestmii Veins," (the old Digest,) and the last call- eil "bigoslum Noam-m," (the New Digest.) When they afterwards received the middle or second part, they separated from the Digestum Norum the beginning It had then, and added It to the second part, from which cnluryomtnt the latter received the name “I n- fortiutum." Maclield. Rum. Law, § 110.

INFORTUNIUM, HOMICIDE PER. Where a man doing a lawful act, without Iiitention of hurt, uufoitunately kills another.

INTRA. Lat. Below; underneath; With- J ln. This word occurring by itself in a book refers the reader to a subsequent part of the book, like "post." It is the opposite of ‘‘ante and “supra," (q. 11.)

INFRA Ii-ITATEM. Under age; age. Applied to mlnors.

not of

INPRA ANNOS NUBILES. Under marriagenhle years; not yet of lJZl:ll‘!‘i"l.gE‘:iliJl8 age. L

INFRA ANNUM. Under or within a year. Brnct. fol. 7.

INFRA ANNUM LUCTI-ITS. (Within the

year of mourning.) The phrase is used in