英文法律词典 I-5

ILL FAME. This is a technical expression, that which means not only bad character as generally understood, but every person, whatever may be his conduct and character in life, who visits bawdy¹ houses, gaming houses, and other places which are of ill fame, is a person of ill fame. 1 Rogers' Recorder, 67; Ayl. Par². 276; 2 Hill, 558; 17 Pick. 80; 1 Hagg. Eccl. R. 720; 2 Hagg. Cons³. R. 24; 1 Hagg. Cons. R. 302, 303; 1 Hagg. Eccl. R. 767; 2 Greenl. Ev. 44.

ILLEGAL. Contrary to law; unlawful.

2. It is a general rule, that the law will never give its aid to a party who has entered into an illegal contract, whether the same be in direct violation⁵ of a statute⁶, against public policy, or opposed to public morals. .Nor to a contract which is fraudulent, which affects the defendant⁷ or a third person.

3. A contract in violation of a statute is absolutely void, and, however disguised, it will be set aside, for no form of expression can remove the substantial defect inherent in the nature of the transaction; the courts will investigate the real object of the contracting parties, and if that be repugnant to the law, it will vitiate the transaction.

4. Contracts against the public policy of the law, are equally void as if they were in violation of a public statute; a contract not to marry any one, is therefore illegal and void. See Void.

5. A contract against the purity of manners is also illegal; as, for example, a agreement to cohabit unlawfully with another, is therefore void; but a bond given for past cohabitation, being considered as remuneration for past injury, is binding⁸. 4 Bouv. Inst. n. 3853.

6. All contracts which have for their object, or which may in their consequences, be injurious to third persons, altogether unconnected with them, are in general illegal and void. Of the first, an example may be found in the case where a sheriff's officer received a sum of money from a defendant for admitting to bail⁹, and agreed to pay the bail, part of the money which was so exacted. 2 Burr. 924. The case of a wager¹⁰ between two persons, as to the character of a third, is an example of the second class. Cowp. 729; 4 Camp. 152; 1 Rawle, 42; 1 B. & A. 683. Vide lllicit; Unlawful.

ILLEGITIMATE. That which is contrary to law; it is usually applied¹¹ to children born out of lawful⁴ wedlock¹². A bastard¹³ is sometimes called an illegitimate child.

ILLEVIABLE. A debt or duty that cannot or ought not to be levied¹⁴. Nihil set upon a debt is a mark for illeviable.

ILLICIT¹⁵. What is unlawful what is forbidden by the law. Vide Unlawful.

2. This word is frequently used in policies of insurance, where the assured warrants against illicit trade. By illicit trade is understood that "which is made unlawful by the laws of the country to which the object is bound." The assured having entered into this warranty¹⁶, is required to do no act which will expose the vessel¹⁷ to be legally condemned¹⁸. 2 L. R. 337, 338. Vide Insurance; Trade; Warranty.