Blacks Law Dict. 1st ed

618

INDUSTRIAL SCHOOLS

INFAMOUS CRIME

eluding the buying and selling of land and also (but subject to certain restrictions) the business of banking. INDUSTRIAL SCHOOLS. Schools (established by voluntary contribution) in which industrial training is provided, and in which children are lodged, clothed, and fed, as well as taught. INDUSTRIAM, PER. Lat. A qualified property in animals /era; natures may be ac quired per industriam, i. e., by a man's re claiming and making them tame by art, indus try, and education; or by so confining them within his own immediate power that they cannot escape and use their natural liberty. 2 Steph. Comm. 5. INEBRIATE. A person addicted to the use of intoxicating liquors; an habitual drunkard. Any person who habitually, whether continu ously or periodically, indulges in the use of intoxi cating liquors to such an extent as to stupefy his mind, and to render him incompetent to transact ordinary business with safety to his estate, shall be deemed an inebriate, within the meaning of this chapter: provided, the habit of so indulging in such use shall have been at the time of inquisition of at least one year's standing. Code N. C. 1883, § 1671. INELIGIBILITY. Disqualification or legal incapacity to be elected to an office. Thus, an alien or naturalized citizen is ineli gible to be elected president of the United States. INELIGIBLE. Disqualified to be elect ed to an office; also disqualified to hold an office if elected or appointed to it. 28 Wis. 99. Inesse potest donationi, modus, con ditio sive causa; ut modus est; si con ditio; quia causa. In a gift there may be manner, condition, and cause; as [ut~] in troduces a manner; if, [si,] a condition; be cause, [quia,'] a cause. Dyer, 138. INESTDEJURE. Lat. It is implied of right; it is implied by law. INEVITABLE. Incapable of being avoided; fortuitous; transcending the pow er of human care, foresight, or exertion to avoid or prevent, and therefore suspending legal relations so far as to excuse from the performance of contract obligations, or from liability for consequent loss. INEVITABLE ACCIDENT. An in evitable accident is one produced by an irre sistible physical cause; an accident which

cannot be prevented by human skill or fore sight, but results from natural causes, such as lightning or storms, perils of the sea, in undations or earthquakes, or sudden death or illness. By irresistible force is meant an interposition of human agency, from its nat ure and power absolutely uncontrollable. 11 La. Ann. 427. As used in the civil law, this term is nearly synonymous with "fortuitous event." Inevitable accident is where a vessel is pursuing a lawful avocation in a lawful manner, using the proper precautions against danger, and an acci dent occurs. The highest degree of caution that can be used is not required. It is enough that it is reasonable under the circumstances; such as is usual in similar cases, and has been found by long experience to be sufficient to answer the end in view,—the safety of life and property. 7 Wall. 196. Inevitable accident is only when the disaster happens from natural causes, without negligence or fault on either side, and when both parties have endeavored, by every means in their power, with due care and caution, and with a proper display of nautical skill, to prevent the occurrence of the ac cident. 12 Ct. Cl. 491. INEWARDUS. A guard; a watchman. Domesday. INFALISTATUS. In old English law. Exposed upon the sands, or sea-shore. A species of punishment mentioned in Heng ham. Cowell. INFAMIA. Lat. Infamy; ignominy or disgrace. By infamia juris is meant infamy established by law as the consequence of crime; infamia facti is where the party is supposed to be guilty of such crime, but it has not been judicially proved. 17 Mass. 515, 541. INFAMIS. Lat. In Roman law. A per son whose right of reputation was diminished (involving the loss of some of the rights of citizenship) either on account of his infamous avocation or because of conviction for crime. Mackeld. Rom. Law, § 135. INFAMOUS CRIME. A crime which entails infamy upon one who has committed it. See INFAMY. The term "infamous"—i. e., without fame or good report—was applied at common law to cer tain crimes, upon the conviction of which a person became incompetent to testify as a witness, upon the theory that a person would not commit so hein ous a crime unless he was so depraved as to be un worthy of credit. These crimes are treason, fel ony, and the crimen falsi. Abbott. A crime punishable by imprisonment in the state prison or penitentiary, with ox without hard labor, is an infamous crime, within the provision of the fifth amendment

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