KFLCC Kingdom Law 2nd Ed.

623

INFRA ANNUM LUCTUS

INFIDUCIARE

INFIDUCIARE. In old European law. To pledge property. Spelman. INFIHT. Sax. An assault made on a person inhabiting the same dwelling. Infinitum in jure reprobatur. That which is endless is reprobated in law. 12 Coke, 24. Applied to litigation. INFIRM. Weak, feeble. The testimony of an "infirm" witness may be taken de bene esse in some circumstances. See 1 P. Wms. 117. INFIRMATIVE. In the law of evidence. Having the quality of diminishing force; having a tendency to weaken or render in firm. 3 Benth. Jud. Ev. 14; Best, Pres. § 217. —Infirmative consideration. In the law of evidence. A consideration, supposition, or hypothesis of which the criminative facts of a case admit, and which tends to weaken the in ference or presumption of guilt deducible from them. Burnll, Circ. Ev. 153-155.—Infirma tive faet. In the law of evidence. A fact set up, proved, or even supposed, in opposition to the criminative facts of a case, the ten dency of which is to weaken the force of the inference of guilt deducible from them. 3 Benth. Jud. Ev. 14; Best, Pres. § 217, et seq. —Infirmative hypothesis. A term some times used in criminal evidence to denote an hypothesis or theory of the case which as sumes the defendant's innocence, and explains the criminative evidence in a manner consistent with that assumption. INFORMAL. Deficient in legal form; inartificially drawn up. INFORMALITY. Want of legal form. See State v. Gallimon, 24 N. C. 377; Franklin r. Mackey, 16 Serg. & R. (Pa.) 118; Hunt v. Curry, 37 Ark. 108. INFORMATION. In practice. An ac cusation exhibited against a person for some criminal offense, without an indictment. 4 Bl. Comm. 308. An accusation in the nature of an indict ment, from which it differs only in being pre sented by a competent public officer on his oath of office, instead of a grand jury on their oath. 1 Bish. Crim. Proc. § 141; People v. Sponsler, 1 Dak. 289, 46 N. W. 459; Goddard v. State, 12 Conn. 452; State, v. Ashley, 1 Ark. 279; Clepper v. State, 4 Tex. 246. The word is also frequently used in the law in its sense of communicated knowledge, and affidavits are frequently made, and pleadings and other documents verified, on "informa tion and belief." In French law. The act or instrument which contains the depositions of witnesses against the accused. Poth. Proc. Civil, § 2, art 5. —Criminal information. A formal accu sation of crime, differing from an indictment only in that it is preferred by a prosecuting INFLUENCE. See UNDUE INFLUENCE.

officer instead of by a grand jury. U. S. v. Borger (C. a) 7 Fed. 193; State v. Barrell, 75 Vt. 202, 54 Atl. 183, 98 Am. St. Rep. 813. —Information in the nature of a quo warranto. A proceeding against the usurper of a franchise or office. See Quo WARRANTO. —Information of intrusion. A proceeding instituted by the state prosecuting officer against intruders upon the public domain. See Gen. St. Mass. c. 141; Com. v. Andre's Heirs, 3 Pick. (Mass.) 224; Com. v. Hite, 6 Leigh (Va.) 588, 29 Am. Dec. 226. INFORMATUS NON SUM. In prac tice. I am not informed. A formal answer made by the defendant's attorney in court to the effect that he has not been advised of any defense to be made to the action. Thereupon judgment by default passes. INFORMER. A person who informs or prefers an accusation against another, whom he suspects of the violation of some penal statute. -Common informer. A common prosecutor. A person who habitually ferrets out crimes and offenses and lays information thereof before the ministers of justice, in order to set a prosecu tion on foot, not because of his office or any special duty in the matter, but for the sake of the share of the fine or penalty which the law allots to the informer in certain cases. Also used in a less invidious sense, as designating persons who were authorized and empowered to bring actions for penalties. U. S. v. Stock ing (D. C.) 87 Fed. 861; In re Barker, 56 Vt 20. INFORTIATUM. The name given Dy the glossators to the second of the three parts or volumes into which the Pandects were di vided. The glossators at Bologna had at first only two parts, the first called "Digestum Vetus," (the old Digest,) and the last call ed "Digestum Novum," (the New Digest.) When they afterwards received the middle or second part they separated from the Di gestum Novum the beginning it had then, and added it to the second part from which enlargement the latter received the name "In fortiatum." Mackeld. Rom. Law, § 110. INFORTUNIUM, HOMICIDE PER. Where a man doing a lawful act, without in tention of hurt, unfortunately kills another. INFRA. Lat Below; underneath; with in. This word occurring by itself in a book refers the reader to a subsequent part of the book, like "post." It is the opposite of "ante" and "supra," (g. v.) INFRA 31TATEM. Under age; not of age. Applied to minors. INFRA ANNOS NUBLLES. Under mar riageable years; not yet of marriageable age. INFRA. ANNUM. Under or within a year. Bract, fol. 7. INFRA ANNUM LUCTUS. (Within the year of mourning.) The phrase is used in