英文法律词典 I-58

INTAKERS, Eng. law. The time given to receivers of goods stolen in Scotland, who take them to England. 9 H. V. c. 27.

INTEGER. Whole, untouched. Res integra means a question which is new and undecided. 2 Kent, Com. 177.

INTENDED TO BE RECORDED. This phrase is frequently used in conveyancing, in deeds which recite other deeds which have not been recorded. In Pennsylvania, it has been construed¹ to be a covenant², on the part of the grantor, to procure³ the deed to be recorded in a reasonable time. 2 Rawle's Rep. 14.

INTENDANT. One who has the charge, management, or direction of some office, department, or public business.

INTENDMENT OF LAW. The true meaning, the correct understanding, or intention of the law; a presumption⁴ or inference made by the courts. Co. Litt. 78. 2. It is an intendment of law that every man is innocent until proved guilty, vide Innocence⁵; that every one will act for his own advantage, vide Assent⁶; Fin⁷. Law, 10, Max. 54; that every officer acts in his office with fidelity⁸ that the children of a married woman, born during the coverture, are the children of the hushand, vide Bastardy¹⁰; many things are intended after verdict, in order to support a judgment¹¹, but intendment cannot supply the want of certainty in a charge in an indictment¹² for a crime. 5 Co. 1 21; vide Com. Dig. Pleader, C 25, and S 31; Dane's Ab. Index, h. t.; 14 Vin. Ab. 449; 1 Halst. 132; 1 Harris. 133.

INTENTION. A design, resolve, or determination of the mind.

2. Intention is required in the commission of crimes and injuries, in making contracts, and wills.

3. - 1. Every crime must have necessarily two constituent¹³ parts, namely, an act forbidden by law, and an intention. The act is innocent or guilty just as there was or was not an intention to commit a crime; for example, a man embarks¹⁴ on board of a ship, at New York, for the purpose of going to New Orleans; if he went with an intention to perform a lawfull act, he is perfectly¹⁵ innocent; but if his intention was to levy¹⁶ war against the United States, he is guilty of an overt⁹ act of treason. Cro. Car. 332; Fost. 202, 203; Hale, P. C. 116. The same rule prevails in numerous civil cases; in actions founded on malicious¹⁷ injuries, for instance, it is necessary to prove that the act was accompanied, by a wrongful and malicious intention. 2 Stark¹⁸. Ev. 739. 4. The intention is to be proved, or it is inferred by the law. The existence of the intention is usually matter of inference; and proof of external and visible acts and conduct serves to indicate, more or less forcibly, the particular intention. But, in some cases, the inference of intention necessarily arises from the facts. Exteriora acta indicant interiora animi secreta. 8 Co. 146. It is a universal rule, that a man shall be taken to intend that which he does, or which is the necessary and immediate¹⁹ consequence of his act; 3 M. & S. 15; Hale, P. C. 229; in cases of homicide, therefore, malice²⁰ will generally be inferred by the law. Vide Malice' and Jacob's Intr. to the Civ. Law, Reg. 70; Dig. 24, 18.

5. But a bare intention to commit a crime, without any overt act towards its commission, although punishable in foro, conscientiae, is not a crime or offence for which the party can be indicted²¹; as, for example, an intention to pass counterfeit²² bank notes, knowing them to be counterfeit. 1 Car. Law Rep. 517.

6. - 2. In order to make a contract, there must, be an intention to make it a person non compos mentis, who has no contracting mind, cannot, therefore, enter into any engagement which requires an intention; for to make a contract the law requires a fair, and serious exercise of the reasoning faculty²³. Vide Gift; Occupancy.

7. - 3. In wills and testaments²⁵, the intention of the testator must be gathered from the whole instrument; 3 Ves. 105; and a codicil²⁶ ought to be taken as a part of the will; 4 Ves. 610; and when such intention is ascertained²⁷, it must prevail, unless it be in opposition²⁸ to some unbending rule of law. 6 Cruise's Dig. 295; Rand. on Perp. 121; Cro. Jac. 415. " It is written," says Swinb. p. 10, " that the will or meaning of the testator is the queen or empress of the testament²⁴; because the will doth rule the testament, enlarge and restrain it, and in every respect moderate and direct the same, and is, indeed, the very efficient cause. thereof. The will, therefore, and meaning of the testator ought, before all things, to be sought for diligently²⁹, and, being found, ought to be observed faithfully." 6 Pet. R. 68. Vide, generally, Bl. Com. Index, h. t.; 2 Stark. Ev. h. t.; A 1. Pand. 95; Dane's Ab. Index h. t.; Rob. Fr. Conv. 30. As to intention in changing a residence, see article Inhabitant.