KFLCC Kingdom Law 2nd Ed.

598

IMPUTATION OF PAYMENT

IMPROVE

IMPROVE. In Scotch law. To dis prove; to invalidate or Impeach; to prove false or forged. 1 Forb. Inst pt. 4, p. 162. To improve a lease means to grant a lease of unusual duration to encourage a tenant, when the soil is exhausted, etc. Bell; Stair, Inst. p. 676, § 23. IMPROVED. Improved land is such as has been reclaimed, is used for the purpose of husbandry, and is cultivated as such, whether the appropriation is for tillage, meadow, or pastura "Improve" is synony mous with "cultivate." Clark v. Phelps, 4 Cow. (N. Y.) 190. IMPROVEMENT. A valuable addition made to property (usually real estate) or an amelioration in its condition, amounting to more than mere repairs or replacement of waste, costing labor or capital, and intended to enhance its value and utility or to adapt it for new or further purposes. Spencer v. Tobey, 22 Barb. (N. Y.) 269; Allen v. Mc Kay, 120 Cal. 332, 52 Pac. 828; Simpson v. Robinson, 37 Ark. 132. In American land law. An act by which a locator or settler expresses his intention to cultivate or clear certain land; an act ex pressive of the actual possession of land; as by erecting a cabin, planting a corn-field, deadening trees in a forest; or by merely marking trees, or even by piling up a brush heap. Burrill. And see In re Leet Tp. Road, 159 Pa. 72, 28 Atl. 238; Bixler v. Baker, 4 Bin. (Pa.) 217. An "improvement," under our land system, does not mean a general enhancement of the value of the tract from the occupant's opera tions. It has a more limited meaning, which has in view the population of our forests, and the increase of agricultural products. All works which are directed to the creation of homes for families, or are substantial steps towards bring ing lands into cultivation, have in their results the special character of "improvements," and, under the land laws of the United States and of the several states, are encouraged. Some times their minimum extent is defined as requi site to convey rights. In other cases not But the test which runs through all the cases is always this: Are they real, and made bona -fide, in accordance with the policy of the law, or are they only colorable, and made for the pur pose of fraud and speculation? Simpson v. Robinson, 37 Ark. 137. In the law of patents. An addition to, or modification of, a previous invention or discovery, intended or claimed to increase its utility or value. See 2 Kent, Comm. 366-372. And see Geiser Mfg. Co. v. Frick Co. (C. C.) 92 Fed. 191; Joliet Mfg. Co. v. Dice, 105 111. 650; Schwarzwaelder v. Detroit (C. C.) 77 Fed. 891; Reese's Appeal, 122 Pa. 392, 15 Atl. 807; Rheem v. Holliday, 16 Pa. 352; Allison Bros. Co. v. Allison, 144 N. Y. 21, 38 N. E. 956. — Local improvement. By common usage, especially as evidenced by the practice of courts and text-writers, the term "local improvements" uf employed as signifying improvements made in

a particular locality, by which the real property adjoining or near such locality is specially ben efited, such as the improvement of highways, grading, paving, curbing, laying sewers, etc. Il linois Cent R. Co. v. Decatur, 154 111. 173, 38 N. E. 626; Rogers v. St. Paul, 22 Minn. 507; Crane v. Siloam Springs, 67 Ark. 30, 55 S. W. 955; New York L. Ins. Co. v. Prest (C. C.) 71 Fed. 816. IMPROVEMENTS. A term used In leas es, of doubtful meaning. It would seem to apply principally to buildings, though generally it extends to the amelioration of every description of property, whether real or personal; but, when contained in any doc ument, its meaning is generally explained by other words. 1 Chit Gen. Pr. 174. IMPROVIDENCE, as used in a statute excluding one found Incompetent to execute the duties of an administrator by reason of improvidence, means that want of care and foresight in the management of property which would be likely to render the estate and effects of the intestate unsafe, and liable to he lost or diminished in value, in case the administration should be committed to the improvident person. Coope v. Lowerre, 1 Barb. Ch. (N. Y.) 45. A judgment, de cree, rule, injunction, etc., when given or ren dered without adequate consideration by the court, or without proper information as to all the circumstances affecting it, or based upon a mistaken assumption or misleading infor mation or advice, Is sometimes said to have been "improvidently" given or issued. Lat In the civil law. A minor under the age of puberty; a male un der fourteen years of age; a female under twelve. Calvin; Mackeld. Rom. Law, § 138. IMPULSE. As to "irresistible" or "un controllable" impulse, see INSANITY. Impunitas continuum affectum tribuit delinquendi. 4 Coke, 45. Impunity con firms the disposition to commit crime. Impunities semper ad deteriora invi tat. 5 Coke, 109. Impunity always invites to greater crimes. IMPUNITY. Exemption or protection from penalty or punishment Dillon v. Rog ers, 36 Tex. 153. IMPUTATIO. Lat In the civil law. Legal liability. IMPUTATION OF PAYMENT. In th« civil law. The application of a payment made by a debtor to his creditor. IMPROVIDENTIiY. IMPRUIARE. In old records. To im prove land. Impruiamentum, ment so made of it Cowell. IMPUBES. the improve