KFLCC Kingdom Law 2nd Ed.

596

IMPRESCRIPTIBLE RIGHTS

IMPORTATION

"Covenant," "Dedication," "Easement," "In vitation," "Malice," "Notice," "Powers," "Trust," "Use," "Waiver," and "Warranty," see those titles. IMPORTATION. The act of bringing goods and merchandise into a country from a foreign country. IMPORTS. Importations; goods or other property imported or brought into the coun try from a foreign country. IMPORTUNITY. Pressing solicitation; urgent request; application for a claim or favor which is urged with troublesome fre quency or pertinacity. Webster. IMPOSITION. An impost; tax; contri bution. Paterson v. Society, 24 N. J. Law, 400; Singer Mfg. Co. v. Heppenheimer, 58 N. J. Law, 633, 34 Atl. 1061, 32 L. R. A. 643. IMPOSSIBILITY. That which, in the. constitution and course of nature or the law, no man can do or perform. See Klauber v. San Diego Street-Car. Co., 95 Cal. 353, 30 Pac. 555; Reid v. Alaska Packing Co., 43 Or. 429, 73 Pac. 337. Impossibility is of the following several sorts: An act is physically impossible when it is contrary to the course of nature. Such an impossibility may be either absolute, i. e., impossible in any case, (e. g., for A. to reach the moon,) or relative, (sometimes called "impossibility in fact,") i. e., arising from the circumstances of the case, (e. g., for A. to make a payment to B., he being a de ceased person.) To the latter class belongs what is sometimes called "practical impossi bility," which exists when the act can be done, but only at an excessive or unreason able cost. An act Is legally or juridically impossible when a rule of law makes it impossible to do it; e. g., for A. to make a valid will before his majority. This class of acts must not be confounded with those which are possible, although forbidden by law, as to commit a theft. An act is logic ally impossible when it is contrary to the" nature of the transaction, as where A. gives property to B. expressly for his own benefit, on condition that he transfers it to C. Sweet. obligatio est. There is no obligation to do impossible things. Dig. 50, 17, 185; Broom, Max. 249. IMPOSSIBLE CONTRACTS. An im possible contract is one which the law will not hold binding upon the parties, because of the natural or legal impossibility of the per formance by one party of that which is the consideration for the promise of the other. 7 Wait, Act & Def. 124. Impossible contracts, which will be deemed void In the eye of the law, or of which the Impossibilitun nulla

performance will be excused, are such con tracts as cannot be performed, either be cause of the nature of the obligation under taken, or because of some supervening event which renders the performance of the obliga tion either physically or legally impossible. 10 Amer. & Eng. Enc. Law, 176. IMPOSTS. Taxes, duties, or impositions. A duty on imported goods or merchandise. Story, Const § 949. And see Norris v. Bos ton, 4 Mete. (Mass.) 296; Pacific Ins. Co. v. Soule, 7 Wall. 435, 19 L. Ed. 95; Woodruff v. Parham, 8 Wall. 131, 19 L. Ed. 382; Dooley v. U. S., 183 U. S. 151, 22 Sup. Ct 62, 43 L. Ed. 128; Passenger Cases, 7 How. 407, 12 L. Ed. 702. Impost is a tax received by the prince for such merchandises as are brought into any haven within his dominions from foreign na tions. It may in some sort be distinguished from customs, because customs are rather that profit the prince maketh of wares shipped out; yet they are frequently confounded. Cowell. IMPOTENCE. In medical jurispru dence. The incapacity for copulation or propagating the species. Properly used of the male; but it has also been used synon ymously with "sterility." Griffeth v. Griff eth, 162 111. 368, 44 N. E. 820; Payne v. Payne, 46 Minn. 467, 49 N. W. 230, 24 Am. St Rep. 240; Kempf v. Kempf, 34 Mo. 213. Impotentia exensat legem. Co. Litt. 29. The impossibility of doing what is re quired by the law excuses from the perform ance. IMPOTENTIA M, PROPERTY PROPTER. A qualified property, which may subsist in animals feres natures on ac count of their inability, as where hawks, herons, or other birds build in a person's trees, or conies, etc., make their nests or burrows in a person's land, and have young there, such person has a qualified property in them till they can fly or run away, and then such property expires. 2 Steph. Comm. (7th Ed.) 8. To shut up stray animals or distrained goods in a pound. Thomas v. Harries, 1 Man. & G. 703; Goodsell v. Dunn ing, 34 Conn. 257; Howard v. Bartlett, 70 Vt. 314, 40 Atl. 825. To take into the custody of the law or of a court. Thus, a court will sometimes im pound a suspicious document produced at a trial. The state or quality of being incapable of prescription; not of such a character that a right to it can be gained by prescription. IMPRESCRIPTIBLE RIGHTS. Such rights as a person may use or not, at pleas ure, since they cannot be lost to him by IMPOUND. IMPRESCRIPTIBILITY.