Blacks Law Dict. 1st ed

INDORSEE IN DUE COURSE

616

INDICTABLE

INDICTABLE. Proper or necessary to be prosecuted by process of indictment. INDICTED. Charged in an indictment with a criminal offense. See INDICTMENT. INDICTEE. A person indicted. INDICTIO. In old public law. A dec laration; a proclamation. Indictio belli, a declaration or indiction of war. An indict ment. INDICTION, CYCLE OP. A modeof computing time by the space of fifteen years, instituted by Constantine the Great; origi nally the period for the payment of certain taxes. Some of the chaiters of King Edgar and Henry III. are dated byindictions. Whar ton. INDICTMENT. An indictment is an accusation in writing found and presented by a grand jury, legally convoked and sworn, to the court in which it is impaneled, charging that a person therein named has done some act, or been guilty of some omission, which, by law, is a public offense, punishable on in dictment. Code Iowa 1880, § 4295; Pen. Code Cal. § 917; Code Ala. 1886, § 4364. A presentment differs from an indictment in that it is an accusation made by a grand jury of their own motion, either upon their own observation and knowledge, or upon evidence before them; while an indictment is preferred at the suit of the government, and is usually framed in the first in stance by the prosecuting officer of the government, and by him laid before the grand jury, to be found or ignored. An information resembles in its form and substance an indictment, but is filed at the mere discretion of the proper law officer of the gov ernment, without the intervention or approval of a grand jury. 2 Story, Const. §§ 1784,1786. In Scotch, law. An indictment is the form of process by which a criminal is brought to trial at the instance of the lord advocate. Where a private party is a principal prosecu tor, he brings his charge in what is termed the "form of criminal letters." Indictment de felony est contra pacem domini regis, coronam et dignitatem suam, in genere et non in individuo; quia in AngliE non est interregnum. Jenk. Cent. 205. Indictment for felony is against the peace of our lord the king, his crown and dignity in general, and not against his indi vidual person; because in England there is no interregnum. INDICTOR. He who causes another to be indicted. The latter is sometimes called the "indictee."

INDIFFERENT. Impartial; unbiased; disinteiested. INDIGENA. In old English law. A subject born; one born within the realm, or naturalized by act of parliament. Co. Litt. 8a. The opposite of "alieniffena," (q. ©.) INDIRECT EVIDENCE. Evidence which does not tend directly to prove the controverted fact, but to establish a state of facts, or the existence of other facts, from which it will follow as a logical inference. Inferential evidence as to the truth of a disputed fact, not by testimony of any wit ness to the fact, but by collateral circum stances ascertained by competent means. 1 Starkie, Ev. 15. INDISTANTER. Forthwith; without delay. INDITEE. L. Fr. In old English law. A person indicted. Mirr. c. 1, § 3; 9 Coke, pref. INDIVIDUUM. Lat. In the civil law. That cannot be divided. Calvin. INDIVISIBLE. Not susceptible of di vision or apportionment; inseparable; en tire. Thus, a contract, covenant, considera tion, etc., may be divisible or indivisible; i. «., separable or entire. INDIVISUM. That which two or more persons hold in common without partition; undivided. INDORSAT. In old Scotch law. In dorsed. 2 Pitc. Crim. Tr. 41. INDORSE. To write a name on the back of a paper or document. Bills of exchange and promissory notes are indorsed by a party's writing his name on the back. 7 Pick. 117. "Indorse" is a technical term, having sufficient legal certainty without words of more particular description. 7 Vt. 351. INDORSEE. The person to whom a bill of exchange, promissory note, bill of lading, etc., is assigned by indorsement, giving him a right to sue thereon. INDORSEE IN DUE COURSE. An indorsee in due course is one who, in good faith, in the ordinary course of business, and for value, before its apparent maturity or presumptive dishonor, and without knowl edge of its actual dishonor, acquires a nego tiable instrument duly indorsed to him, or indorsed generally, or payable to the bearer. Civil Code Cal. § 3123.

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