Blacks Law Dict. 1st ed

IMMOVABLES

IMPEACHMENT OF "WASTE

593

IMMOVABLES. In the civil law. Prop erty which, from its nature, destination, or the object to which it is applied, cannot move itself, or be removed. Immovable things are, in general, such as cannot either move themselves or be removed from one place to another. But this defini tion, strictly speaking, is applicable only to such things as are immovable by their own nature, and not to such as are so only by the disposition of the law. Civil Code La. art. 462. IMMUNITY. An exemption from serv ing in an office, or performing duties which the law generally requires other citizens to perform. IMPAIR. To weaken, diminish, or re lax, or otherwise affect in an injurious man ner. "IMPAIRING THE OBLIGATION OF CONTRACTS." For the meaning of this phrase in the constitution of the United States, see 2 Story, Const. §§ 1374-1399; 1 Kent, Comm. 413-422; Pom. Const. Law; Black, Const. Prohib. pt. 1. IMPANEL. In English practice. To impanel a jury signifies the entering by the sheriff upon a piece of parchment, termed a "panel," the names of the jurors who have been summoned to appear in court on a cer tain day to form a jury of the country to hear such matters as may be brought before them. Brown. In American practice. Besides the meaning above given, "impanel" signifies the act of the clerk of the court in making up a list of the jurors who have been select ed for the trial of a particular cause. Impaneling has nothing to do with drawing, se lecting, or swearing jurors, but means simply making the list of those who have been selected. 7 How. Pr. 441. IMPARCARE. In old English law. To impound. Eeg. Orig. 926. To shut up, or confine in prison. Inducti 8unt in carcerem et imparcati, they were carried to prison and shut up. Bract, fol. 124. IMPARGAMENTUM, The right ©f impounding cattle. IMPARL. To have license to settle a liti gation amicably; to obtain delay for adjust ment. IMPARLANCE. In early practice, im parlance meant time given to either of the AM.DICT.LAW—38

parties to an action to answer the pleading of the other. It thus amounted to a continu ance of the action to a further day. Liter ally the term signified leave given to the par ties to talk together; i. e., with a view to settling their differences amicably. But in modern practice it denotes a time given to the defendant to plead. A general importance is the entry of a general prayer and allowance of time to plead till the next term, without reserving to the defendant the ben efit of any exception; so that after such an impar lance the defendant cannot object to the jurisdic tion of the court, or plead any matter in abatement. This kind of imparlance is always from one term to another. A general special imparlance contains a saving of all exceptions whatsoever, so that the defendant after this may plead not only in abatement, but he may also plead a plea which affects the jurisdic tion of the court, as privilege. He cannot, how ever, plead a tender, and that he was always ready to pay, because by craving time he admits that he is not ready, and so falsifies his plea. A special imparlance reserves to the defendant all exceptions to the writ, bill, or count; and there fore after it the defendant may plead in abatement, though not to the jurisdiction of the court. 1 Tidd, Pr. 462, 463. IMPARSONEE. L. Fr. In ecclesias tical law. One who is inducted and in pos session of a benefice. Parson imparsonee, {persona impersonata.) Cowell; Dyer, 40. IMPATRONIZATION. The act of put ting into full possession of a benefice. IMPEACH. To accuse; to charge a lia bility upon; to sue. To pioceed against a public officer for crimt> or misfeasance, before a proper court, by the presentation of a written accusation called "articles of impeachment." In the law of evidence. To call in ques tion the veracity of a witness, by means of evidence adduced for that purpose. IMPEACHMENT. A criminal proceed ing against a public officer, before a quasi political court, instituted by a written accusa tion called "articles of impeachment;" for example, a written accusation by the house of representatives of the United States to the senate of the United States against an officer. In England, a prosecution by the house of commons before the house of lords of a com moner for treason, or other high crimes and misdemeanors, or of a peer for any crime. In evidence. An allegation, supported by proof, that a witness who has been ex amined is unworthy of credit. IMPEACHMENT OP WASTE. Li ability for waste committed; or a demand or

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