KFLCC Kingdom Law 2nd Ed.

621

INFECTION

INEVITABLE

INEVITABLE. Incapable of being avoid ed; fortuitous; transcending the power of hu man care, foresight, or exertion to avoid or prevent, and therefore suspending legal rela tions so far as to excuse from the perform ance of contract obligations, or from lia An inevitable ac cident is one produced by an irresistible physi cal cause; an accident which cannot be pre vented by human skill or foresight, but results from natural causes, such as lightning or storms, perils of the sea, inundations or earth quakes, or sudden death or illness. By irresist ible force is meant an interposition of human agency, from its nature and power absolutely uncontrollable. Brousseau v. The Hudson, 11 La. Ann. 428; State v. Lewis, 107 N. G. 967, 12 S. E. 457, 11 L. R. A. 105; Russell v. Fagan, 7 Houst. (Del.) 389, 8 Atl. 258; Hall v. Cheney, 36 N. H. 30; Newport News & M. V. Co. v. U. S.. 61 Fed. 488, 9 C. C. A. 579; The R. L. Mabey, 14 Wall. 215, 20 L. Ed. 881; The Locklibo, 3 W. Rob. 318. Inevitable ac cident is where a vessel is pursuing a lawful avocation in a lawful manner, using the proper precautions against danger, and an accident oc curs. 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 prop erty. The Grace Girdler, 7 Wall. 196, 19 L. Ed. 113. 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 pre vent the occurrence of the accident. Sampson T. U. S., 12 Ct. CI. 491. 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 iwfamia juris is meant infamy established by law as the consequence of crime; in famia facti is where the party is supposed to be guilty of such crime, but it has not been ju dicially proved. Comm. v. Green, 17 Mass. 515, 541. INF AMIS. Lat. In Roman law. A per son whose right of reputation was diminish ed (involving the loss of some of the rights of citizenship) either on account of his in famous avocation or because of conviction for crime. Mackeld,. Rom. Law, § 135. INFAMOUS CRIME. See CRIME. INFAMY. A qualification of a man's legal status produced by his conviction of an infamous crime and the consequent loss of honor and credit, which, at common law, rendered him incompetent as a witness, and by statute in some jurisdictions entails oth er disabilities. McCafferty v. Guyer, 59 Pa. 116; Ex parte Wilson, 114 U. S. 417, 5 Sup bility for consequent loss. —Inevitable accident. INEWARDUS. A guard; a watchman. Domesday. INFALISTATUS.

Ct. 935, 29 L. Ed. 89; State v. Clark, 60 Kan. 450, 56 Pac. 767. INFANCY. Minority; the state of a per son who is under the age of legal majority, —at common law, twenty-one years. 'Ac cording to the sense in which this term is used, it may denote the condition of the per son merely with reference to his years, or the contractual disabilities which non-age entails, or his status with regard to other powers or relations. Keating v. Railroad Co., 94 Mich. 219, 53 N. W. 1053; Anony mous, 1 Salk. 44; Code Miss. 1892, § 1505. —-Natural infancy. A period of non-respon sible life, which ends with the seventh year. Wharton. INFANGENTHEF. In old English law. A privilege of lords of certain manors to judge any thief taken within their fee. INFANS. Lat In the civil law. A child under the age of seven years; so called "quasi impos fandi," (as not having the fac ulty of speech.) Cod. Theodos, 8, 18, 8. Infans non multum a fnrioso distat. An infant does not differ much from a luna tic. Bract. 1. 3, c. 2, § 8; Dig. 50, 17, 5, 40; 1 Story, Eq. Jur. §§ 223, 224, 242. INFANT. A person within age, not of age, or not of full age; a person under the age of twenty-one years; a minor. Co. Litt. 1716; 1 Bl. Comm. 463-166; 2 Kent, Comm. 233. INFANTIA. Lat In the civil law. The period of infancy between birth and the age of seven years. Calvin. INFANTICIDE. The murder or killing of an infant soon after its birth. The fact of the birth distinguishes this act from "foeticide" or "procuring abortion," which terms denote the destruction of the foetus in the womb. INFANTS' MARRIAGE ACT. The statute 18 & 19 Vict. c. 43. By virtue of this act every infant (if a male, of twenty, or, if a female, of seventeen, years,—section 4,) upon or in contemplation of marriage, may, with the sanction of the chancery divi sion of the high court make a valid settle ment or contract for a settlement of prop erty. Wharton. INFANZON. In Spanish law. A per son of noble birth, who exercises within his domains and inheritance no other rights and privileges than those conceded to him. Es criche. INFECTION, in medical jurisprudence. The transmission of disease or disease germs from one person to another, either directly by contact with morbidly affected surfaces,