KFLCC Kingdom Law 2nd Ed.

594

IMPERTINENCE

IMPEACHMENT

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. —Articles of impeachment. The formal written allegation of the causes for an im peachment, answering the same purpose as an indictment in an ordinary criminal proceeding. —Collateral impeachment. The collateral impeachment of a judgment or decree is an attempt made to destroy or evade its effect as an estoppel, by reopening the merits of the cause or showing reasons why the judgment should not have been given or should not have a conclusive effect, in any collateral proceed ing, that is, in any action or proceeding other than that in which the judgment was given, or other than an appeal, certiorari, or other di rect proceeding to review it.—Impeachment of annuity. A term sometimes used in Eng lish law to denote anything that operates as a hindrance, impediment or obstruction of the making of the profits out of which the annuity is to arise. Pitt v. Williams, 4 Adol. & Bl. 885.—Impeachment of waste. Liability for waste committed; or a demand or suit for com pensation for waste committed upon lands or tenements by a tenant thereof who, having only a leasehold or particular estate, had no right to commit waste. See 2 Bl. Oomm. 283; San derson v. Jones, 6 Fla. 480, 63 Am. Dec. 217. —Impeachment of witness. Proof that a witness who has testified in a cause is unworthy of credit. White v. Railroad Co., 142 Ind. 648, 42 N. E. 456; Com. v. Welch, 111 Ky. 530, 63 S. W. 984; Smith v. State, 109 Ga. 479. 35 S. E. 59. IMPECHIARE. To impeach, to accuse, or prosecute for felony or treason. IMPED IENS. In old practice. One who hinders; an impedient. The defendant or deforciant in a fine was sometimes so called. Cowell; Blount IMPEDIMENTS In Spanish law. A prohibition to contract marriage, established by law between certain persons. IMPEDIMENTS. Disabilities, or hin drances to the making of contracts, such as coverture, infancy, want of reason, etc. In the civil law. Bars to marriage. Absolute impedimenta are those which prevent the person subject to them from marrying at all, without either the nullity of marriage or its being punishable. Diri mant impediments are those which render a marriage void; as where one of the contract ing parties is unable to marry by reason of a prior undissolved marriage. Prohibitive impediments are those which do not render the marriage null, but subject the parties to a punishment. Relative impediments are those which regard only certain persons with respect to each other; as between two par ticular persons who are related within the prohibited degrees. Bowyer, Mod. Civil Law, 44, 45.

IMPEDITOR. In old English law. A disturber in the action of quare impedtk St Marlb. c 12. IMPENS2E. Lat In the civil law. Ex penses; outlays. Mackeld. Rom. Law, § 168; Calvin. Divided into necessary, (necessa rice,) useful, (utiles,) and tasteful or orna mental, (voluptuaries.) Dig. 50, 16, 79. See Id. 25, 1. IMPERATIVE. See DIBECTOBY. IMPERATOR. Emperor. The title of the Roman emperors, and also of the Kings of England before the Norman conquest Cod. 1, 14, 12; 1 Bl. Comm. 242. See EM PEBOB. IMPERFECT. As used in various legal compound terms, this word means defective or incomplete; wanting in some legal or formal requisite; wanting in legal sanction or effectiveness; as In speaking of imperfect "obligations," "ownership," "rights," "title," "usufruct" or "war." See those nouns. Imperii majestas est tntelse sains. Co. Litt. 64. The majesty of the empire is the safety of its protection. IMPERITIA. Lat Unskillfulness; want of skill. Imperitia culpse adnnmeratnr. Want of skill is reckoned as culpa; that is, as blam able conduct or neglect Dig. 50, 17, 132. Imperitia est maxima mechanicornm poena. Unskillfulness Is the greatest pun ishment of mechanics; [that is, from its effect in making them liable to those by whom they are employed.] 11 Coke, 54a. The word "poena" in some translations is erroneously rendered "fault." IMPERITTM. The right to command, which includes the right to employ the force of the state to enforce the laws. This Is one of the principal attributes of the power of the executive. 1 Toullier, no. 58. Imperson ality. A mode of expression where no refer ence is made to any person, such as the expression "ut dicitur" (as is said.) Co. Litt. 3526. Impersonalitas non conclndit nee ligat. Co. Litt 352&. Impersonality neither con cludes nor binds. IMPERTINENCE. Irrelevancy; the fault of not properly pertaining to the issue or proceeding. The introduction of any mat ters into a bill, answer, or other pleading or proceeding in a suit, which are not prop erly before the court for decision, at any particular stage of the suit Story, Eq. PL IMPERSONALITAS. Lat.