KFLCC Kingdom Law 2nd Ed.

INDICTMENT

INDEPENDENTER SE HABET

617

given fact as probable, but not certain. For example, "indicia of partnership" are any circumstances which would induce the belief that a given person was in reality, though not ostensibly, a member of a given firm. In the civil law. A sign or mark. A species of proof, answering very nearly to the circumstantial evidence of the common law. Best, Pres. p. 13, § 11, note; Wills, Circ. Ev. 34. INDICIUM.

Independenter se babet assecnratio a •iaggio navis. The voyage insured is an independent or distinct thing from the voyage of the ship. 3 Kent, Comm. 318, note. That which is un certain, or not particularly designated; as If I sell you one hundred bushels of wheat, without stating what wheat. 1 Bouv. Inst, no. 950. A book containing references, alphabetically arranged, to the contents of a series or collection of volumes; or an addi tion to a single volume or set of volumes con taining such references to its contents. Language is the exponent of the intention. The language of a statute or instrument is the best guide to the intention. Broom, Max. 622. The aboriginal inhabitants of North America. Frazee v. Spokane Coun ty, 29 Wash. 278, 69 Pac. 782. — Indian country. This term does not neces sarily import territory owned and occupied by Indians, but it means all those portions of the United States designated by this name in the legislation of congress. Waters v. Campbell, 4 Sawy. 121, Fed. Cas. No. 17,264; In re Jack son (C. C.) 40 Fed. 373.—Indian tribe. A separate and distinct community or body of the aboriginal Indian race of men found in the United States. Montoya v. U. S., 180 U. S. 261, 21 Sup. Ct. 358, 45 L. Ed. 521; Cherokee Nation v. Georgia, 5 Pet 17, 8 L. Ed. 25. Lat. In the civil law. To show or discover. To fix or tell the price of a thing. Calvin. To inform against; to ac cuse. INDICATIF. An abolished writ by which a prosecution was in some cases re moved from a court-christian to the queen's bench. Enc. Lond. INDICATION. In the law of evidence. A sign or token; a fact pointing to some in ference or conclusion. Burrill, Circ. Ev. 251, 252, 263, 275. This is not evidence properly so called, but the mere sug gestion of evidence proper, which may pos sibly be procured if the suggestion is follow ed up. Brown. A writ of prohibition that lies for a patron of a church, whose clerk is sued in the spiritual court by the clerk of another patron, for tithes amounting to a fourth part of the value of the living. 3 Bl. Comm. 91; 3 Steph. Comm. 711. So termed from the em phatic word of the Latin form. Reg. Orig. 856, 36. Signs; Indications. Circum stances which point to the existence of a INDETERMINATE. INDEX. Index animi nrmo. INDIANS. INDICABE. INDICATIVE EVIDENCE. INDICAVIT. In English practice. INDICIA.

INDICT.

See INDICTMENT.

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. belli, a declaration or indiction of war. An indict ment. A mode of 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 charters of King Edgar and Henry III. are dated by indictions. Wharton. An indictment is an ac cusation in writing found and presented by a grand jury, legally convoked and sworn, to the court in which it is impaneled, charg ing that a person therein named has done some act, or been guilty of some omission, which, by law, is a public offense, punishable on indictment. Code Iowa 1880, § 4295; Pen. Code Cal. § 917; Code Ala. 1886, § 4364. And see Grin v. Shine, 187 U. S. 181, 23 Sup. Ct. 98, 47 L. Ed. 130; State v. Walker, 32 N. C. 236; Ex parte Hart, 63 Fed. 259, 11 C. C. A. 165, 28 L. R. A. 801; Ex parte Bain, 121 U. S. 1, 7 Sup. Ct. 781, 30 L. Ed. 849; Ex parte Slater, 72 Mo. 102; Finley v. State, 61 Ala. 201. 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 ob servation and knowledge, or upon evidence be fore them; while an indictment is preferred at the suit of the government, and is usually fram ed in the first instance by the prosecuting of ficer of the government, and by him laid before the grand jury, to be found or ignored. An in formation resembles in its form and substance an indictment, but is filed at the mere discre tion of the proper law officer of the government, 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- Indictio INDICTION, CYCLE OF. INDICTMENT.