Blacks Law Dict. 1st ed

592

IMMATERIAL

IMMORALITY

IMMATERIAL. Not material, essen tial, or necessary; not important or pertinent; not decisive. IMMATERIAL AVERMENT. An aveiment alleging with needless particular ity or unnecessary circumstances what is material and necessary, and which might properly have been stated more generally, and without such circumstances and particulars; or, in other words, a statement of un necessary particulars in connection with and as descriptive of what is material. Gould, PL c 3, § 188; 3 Ala. 237, 245. IMMATERIAL ISSUE. In pleading. An issue taken on an immaterial point; that is, a point not proper to decide the action. Steph. PI. 99,130; 2 Tidd, Pr. 921. IMMEDIATE. 1. Present; at once; without delay; not deferred by any interval of time. In this sense, the word, without any very precise signification, denotes that action is or must be taken either instantly or without any consideiable loss of time. Immediately does not, in legal proceedings, nec essarily import the exclusion of any interval of time. It is a word of no very definite significa tion, and is much in subjection to its grammatical connections. 31 N. J. Law, 313. 2. Not separated in respect to place; not separated by the intervention of any inter mediate object, cause, relation, or right. Thus we speak of an action as prosecuted for the "immediate benefit" of A., of a devise as made to the "immediate issue" of B., etc. IMMEDIATE DESCENT. "Adescent may be said to be mediate or immediate in regard to the mediate or immediate descent ot the estate or right: or it may be said to be mediate or immediate in regard to the me diateness orimmediateness of the pedigree or degrees of consanguinity." Story, J., 6 Pet. 112. IMMEDIATELY. "It is impossible to lay down any hard and fast rule as to what is the meaning of the word • immediately' in all cases. The woids «forthwith' and'im mediately ' have the same meaning. They are stronger than the expression ' within a reasonable time/ and imply prompt, vigorous action, without any delay, and whether there has been such action is a question of fact, having regard to the circumstances of the particular case." Cockburn, C. J., 4 Q. B. Div. 471. IMMEMORIAL. Beyond human mem ory; time out of mind.

IMMEMORIAL POSSESSION. In Louisiana. Possession of which no man liv ing has seen the beginning, and the existence of which he has learned from his elders. Civil Code La. art. 762; 2 Mart. (La.) 214. IMMEMORIAL USAGE. A practice which has existed time out of mind; cus tom; prescription. IMMEUBLES. These are, in French law, the immovables of English law. Things are immeubles from any one of three causes: (1) Prom their own nature, e. g., lands and houses; (2) from their destination, e. g., an imals and instruments of agriculture when supplied by the landlord; or (3) by the ob ject to which they are annexed, e. g., ease ments. Brown. IMMIGRATION. The coming into a country of foreigners for purposes of perma nent residence. The correlative term "em igration" denotes the act of such persons in leaving their former country. IMMISCERE. Lat. In the civil law. To mix or mingle with; to meddle with; to join with. Calvin. IMMITTERE. In the civil law. To put or let into, as a beam into a wall. Calvin.; Dig. 50, 17, 242, 1. In old English, law. To put cattle on a common. Fleta, lib. 4, c. 20, § 7. Immobilia situin sequuntur. Immova ble things follow their site or position; are governed by the law of the place where they Immobilia, or res immobiles, immovable things, such as lands and buildings. Mackeld. Rom. Law, §160. IMMORAL. Contrary to good morals; inconsistent with the rules and principles of moiality which regard men as living in a community, and which are necessary for the public welfare, order, and decency. IMMORAL CONSIDERATION. One contrary to good morals, and therefore in valid. Contracts based upon an immoral consideration are generally void. IMMORAL CONTRACTS. Contracts founded upon considerations contra bonot mores are void. IMMORALITY. That which is contsa bonos mores. See IMMOKAL. are fixed. 2 Kent, Comm. 67. IMMOBILIS. Immovable.

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