Blacks Law Dict. 1st ed

IMPERTINENT

IMPLIED CONTRACT

595

terrogatory, or other proceeding; out of place; superfluous; irrelevant. At law. A term applied to matter not necessary to constitute the cause of action or ground of defense. Cowp. 683; 5 East, 275; 2 Mass. 283. It constitutes surplusage, (which see.) IMPESCARE. In old records. To im peach or accuse. Impescatus, impeached. Blount. IMPETITIO VASTI. Impeachment of waste, (q. v.) IMPETRARE. In old English practice. To obtain by request, as a writ or privilege. Bract, fols. 57,1726. This application of the word seems to be derived from the civil law. Calvin. IMPETRATION. In old English law. The obtaining anything by petition or en treaty. Particularly, the obtaining of a bene fice from Rome by solicitation, which benefice belonged to the disposal of the king or other lay patron. Webster; Co well. IMPIER. Umpire, {q. ©.) IMPIERMENT. Impairing or prejudic ing. Jacob. IMPIGNORATA. Pledged; given in pledge, (pignori data;) mortgaged. A term applied in Bractou to land. Bract, fol. 20. IMPIGNORATION. The act of pawn ing or putting to pledge. Impius et crudelis judioandus est qtd libertati non favet. He is to be judged impious and cruel who does not favor liberty. Co. Litt. 124. IMPLACITABE. Lat. To implead; to sue. IMPLEAD. In practice. To sue or pros ecute by due course of law. 9 Watts, 47. IMPLEADED. Sued or prosecuted; used particularly in the titles of causes where there are several defendants; as "A. B., im pleaded with C. D." IMPLEMENTS. Such things as are used or employed for a trade, or furniture of a house. 11 Mete. (Mass.) 82. Whatever may supply wants; particularly applied to tools, utensils, vessels, instruments of labor; as, the implements of trade or of husbandry. 23 Iowa, 359; 6 Gray, 298. IMPLICATA. A term used in mercan tile law, derived from the Italian. In order

to avoid the risk of making fruitless voyage*, merchants have been in the habit of receiving small adventures, on freight, at so much per cent., to which they are entitled at all events, even if the adventure be lost; and this is called "implicata." Wharton. IMPLICATION. Intendment or infer ence, as distinguished from the actual ex pression of a thing in words. In a will, an estate may pass by mere implication, with out any express words to direct its course. 2 Bl. Comm. 381. An inference of something not directly declared, but arising from what is admitted or expressed. In construing a will conjecture must not be taken for implication; but necessary implication means, not natural necessity, but so strong a probability of intention that an intention contrary to that which is imputed to the testator cannot be sup posed. 1 Ves. & B. 466. "Implication" is also used in the sense of "inference;" i. e., where the existence of an intention is inferred from acts not done for the sole purpose of communicating it, but for some other purpose. Sweet. IMPLIED. This word is used in law as contrasted with "express;" i. e., where the intention in regard to the subject-matter is not manifested by explicit and direct words, but is gathered by implication or necessary deduction from the circumstances, the gen eral language, or the conduct of the parties. IMPLIED ABROGATION. A statute is said to work an "implied abrogation" of an earlier one, when the later statute con tains provisions which are inconsistent with the further continuance of the earlier law; or a statute is impliedly abrogated when the reason of it, or the object for which it was passed, no longer exists. IMPLIED ASSUMPSIT. An under taking or promise not formally made, but presumed or implied from the conduct of a party. See ASSUMPSIT. IMPLIED CONDITION. See CONDI TION IMPLIED. IMPLIED CONSIDERATION. A consideration implied or presumed by law, as distinguished from an express considera tion, (q. v.) IMPLIED CONTRACT. One notcreat ed or evidenced by the explicit agreement of the parties, but inferred by the law, as a matter of reason and justice, from their acts or con duct. For example, if A. hires B. to do any business or perform any work for him, the

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