I 687 IDEM EST lSlHIL DICERE, ETC.

1.
L The Initial letter of the word" rmU­ ID EST. Lat. That I.. Commonlyab­
"
(uta," uset.! by some civilians in citillg the breviated Hi. e.

Iostitutes of Justinian. Tayl. Civil Law.

Id perfectum est quod ex omnibus
24. suis partibus constat. T hat is perfec t
I-C TUS. An abbreviation for "jur'i.r;­ which consists of all its parts. 9 Coke. 9.
consultus," one learned in the law; a ju ris­
Id possumus quod de jure possumus.
consult.
Lone, 116. 'Va may do only that which by
I. E. An abbrevia.tion for" id est," that l;t w we are allowed to do.
Is; that Is to say.
Id quod est magis remotum, non trs.­
I O U. A memorandum of debt, con­ hit ad se quod est magis junctum, sed
sisting of these letters. ( .. lowe you. " ) a sum e contrario in omni casu. That which is
of money. and the debtor's signature, is more remote does not draw to itself that
termed an "IOU." which is nearer, but the contrary in every
case. Co. Litt. 164.
IB ERNAGIUM. The season for sow­
ing winter corn. Id quod nostrum est sine facto nos­
Ibi semper debet fieri triatio ubi jura.­ tro ad alium transferri non potest . That

tores mel10rem possunt habere notitiam. which is ours cannot be transferred to an­
7 Coke , lb. A trial should always be had other without our act. Dig. 50, 17, 11.
where the jurors can be the best informed.
Id solum nostrum quod debitis de­
IBIDEM. Lat. In the same place; i n ductis nostrum est. That only is ours
the same book; Oll the same page. etc. Ab­ which remains to us after deduction of debts.
breviated to "ibid." or .. 'lb." Tray. Lat. Max . 227.

IeEN!. The ancient name for the peo-­ IDEM. Lat. The same. Accord ing t()
pie of Suffolk. Norfolk. Cambridgeshire, and Lord CokE', "idem" hll8 two Significations,
Huntingdonahire, in England. IIC., idem syllabis sell. verbis. (the same i n
syllables or wordS,) anel idem re et sensu. (the
I C ONA. An image, figure, or represen­ same in substance and in sense.) 10 Coke,
tation of a thing . Du Can ge. 124a.
IC TUS. In old English law. .A. stroke In old practice. Tbe said, or aforesaid i
or blow from a club or stone; a bruise, con­ said. aforesaid. Disti nguisl1ed from "prfZ­
tusion, or 8welling-produced by a blow from dictus" in old entries. though having the
.. club or stone. as distinguished from same general signification. Townsh. PI. 15,
"plaga," (a wound.) Fleta. lib. 1. c.41, 16.
§ 3. Idem agene et patiens eBse non po­
I C TUS ORBIS. In medical jurispru­ test. Jenk. Cent. 40. The same person can­ J
dence. A maim, a bruise, or swelling ; any not be both agent and patient; i. e.• the doer
burt without c u tting the skin. and person to whom the thing is done.
When the sl{in is cuLt Lhe injury is called
Idem est facere, et non prohibere cum
a " wou nd . " Bract. lib. 2. tr. 2, ce. 5, 24.
possis; et qui non prohibit, cum pro­ K
Id certum est quod certum reddi po­ hibere possit, in culpll est, (aut jubet.)
test. That is certain which can be made 8 lnst. 158. To commit, and not to prohibit
certaln. 2 BI. Comm. 148; 1 BI. Comm. 7�; when in your power. is the same tiling; and
4 Kent. Comm. 462; Broom. Max. 624. he who does not prohibit when he call pro­
hibit is in fault. or does the same as ordering l
Id certum est quod certum reddi po­
it to be done.
test, sed id magis certum est quod de
semetipso est certum. That i s certain Idem est nihU dicere. et insufficienter
which can be made certain. but that is more dicere. It is the same thing to say notb·
certain which is certain of itself. 9 Coke. ing. and to say a thing insufficiently. 2lnst. M
·47a. 178. To say a thing in an insufficient man-
 IDEM EST NON ESSE. ETC.
Der Is the same as not to say It at all. Ap-
pJied to the plea of a prisoner. Id.
"idem est non esse, at non apparere.
[t is the same th in g not to be as not to ap­
pear. Jank. Cent. 207. Not to appear is
the same thing as not to be. Broom, Max.
•
165.
Idem est non probsri et non esse;
non deficit jus, Bed probatio. What is
!lot proved and wha.t does not exist are the
'Same; it is not a defec t of th e law. but of
p ro of.
Idem est scire aut scire debare aut
potuisse. To be bound to know or to be able
to know is the same as to know.
IDEM PER IDEM. The same for the
same. An ill ustration of a k ind that re ally
adds no add itional element to the considera­
tion of the question.
Idem semper antecedenti proximo
l'efertur. Co. Litt. 685. uThe same" is
always referred to its next antecedent.
IDEM SONANS. Soundi ng
the same or
alike; having the same sound. A term ap"
plied to names which are substantially the
same, though slighlly varied in th e sp el ling,
as "Lawrence" and "Lawrance," and the
like. 1 C ro mp. & M. 806; 3 Chit. Gen. Pro
171.
IDENTIFICATION. Pro o f of identity;
the pro ving that.. a person, s ubject, 01' article
before tbe court is the very same t hat he or
it is allege d, charged. or reputed to be; as
where a wi tn ess recognizes tbe p ri s oner at
the bHr as the same persall whom he saw
co mm itting the crime; or' where band writ ­
ing, stolen g oods, counterfeit coin, etc., Hre
recognize d ns the same which once passeu
under the observation of the person identi­
fying them.
Identitas vera colligiturex multitudine
signorum. Tr u e identity is collected from
a multitude of signs. Bac. Max.
IDENTITATE NOMINIS. I nE ngli sb
law. An ancient writ (n o w obsolete ) which.
lay for one taken and arrested in an y person­
al action, and committed to p riso n. by m is­
take for another man of the same name.
Fitzh. Nat. Brev. 267.
IDENTITY. In the Jaw of evidence.
Sameness; the fact that a subject, person, o r
thing be fore a cour tis the same a8 i t is rep­
resented, claimed, or charged to be. S"e
Burrill, Cire. Ev. 382, 453, 631, 644.
588 IDIOTA I:S-QUlll£�DO. WHIT DE
IDEO. Lat. Therefore. Calvin.
IDEO CONSIDERATUM EST. Ther..
fore it is considered. These were the worda
used at the beginning of the entry of jlldg�
illen t in an action, when the forms were in
Latin. They are also nsed as a name for
tbat portion of the record.
I D E S. A divisi on of time among the
Romans. In March, May. July. and Octo·
bel', the Ides were on the 15th or the month;
i n the remaining months, on the 13th. T h i s
methou of reclwning is still l'etained in the
chancery of Rome, and in the calendal' of the
brev iary. Wharton.
IDIOCHIRA. Grreco-Lal. In the civil
law. An instrument pri vately executed, as
distinguished from sueh as were executed be­
fore a public officer. Cod. 8.18. !1; Calvin.
I D I 0 C Y. In medical jurisprudence.
That condition of mi nd in which the refltlct­
ive, and all or a part of the affective, po wel's
are e ither o nt irely wanting, or are manif est­
ed to the sl ighte st possible extent. Hay,
Insan. § 5H; Whart. & S.Med. Jur. § 222.
'.rhere is a distinction between "idiocy"
and Hrlementiaj" the first be in g due to the
fact that there are origi nal structural defects
ill the urain; the second resulting from the
su p er vent ion of organic ch an ges in a brain
ori ginally of normal power, Ham. Nervous
Syste m. 338.
Idiocy is that condition in which the human
creature bas nevel' had, from birth, any. tbe least.,
glimmering of reason i and is utterly destitute of
all those intellectual faculties by which man, in
general, is 80 eminently and peculiarly distin­
guished_ It is not the condition of 0. deranged
mind, but that of 0. total absence of all mind.
Hence tbis state of fatuity can rat'ely ever bo mis­
taken by any. tbe most superficial, observer. The
medical profession seem to regard it as a nalural
defect, not as a disease in itself.ol' as tho result
of lilly disordor. In law, it is also consIdered as 8
defect, nnd as a pel-manent �nd hopeless incapaci·
ty_ 1 Bland. Ch. 386.
IDIOT. A. person who has been witbout
unders tand ing from bis nat i v i t y, and whom
the law, therefore. presumes n ever likely to
attain any. Shelf. Lun. 2. See IDIOOY.
IDIOTA. In the Civil law. An un­
learned. i ll iterate, or simple person_ Calvin.
A. privilte lOan; one not in office.
In common law. An idi ot or fool.
IDIOTA INQUIRENDO. WRIT DE.
This is the name of an old wr it which directs
the sheriff to inquire wbether a man be an
idiot or not. The inquisition is to l)e madt:.
by a jury of twelve men. Fitzh. �at. Brav.
 IDONEUM BE FACERE 589 IGNORANTIA FACTI EXCUSAT

232. And. if the man were f o und an Id iot, tacts constituting or relatin g to the subject­
tim profits of his Janus and the custody of bis matter in han d.
person might be granted by the king to any Ignorance is not a state of the mind in the sense
subject wbo had interest en o ug h to obtain in which sanity and insanity are. When the mind
is ignorant ot a fact, its condition still rema.ins
Ibem. 1 Bl. Comm. 30S.
sound; the power ot thinking, of judging, of ,"rl.l.l.
tng, is just as complete betore communication of
IDO N E U M S E F AC E R E; IDO"
the tact as after; the essence or texture, so to
NEARE BE. To purge one'B Bolf by oath
apeak, ot the mind, is not, as in the case of insan M
of a cri me at which one is accused. ity, affected or impaired. Ignorance of a particu·
lar fnct consists in this: that the mind"although
mONEUS. Lat. In the civil and com­ sound and capable ot healthy action, has never
mon law. Sufilclent; competent; fit or proP"' acted upon the tact tn question, becnuse the BUb-­
ject has never been brought to the notice of the
el; re8ponsible; unimpeachable. Idoneu8
porceptin faoulties. 28 N. J. Law, 27...
homo. 8 resp o Dsible or Bolvent person; a g ood
Sumcient; adeq uate; sat­ "Ignorance" and "error" are not convert­
and lawful man.
lsfactory. Idonea cautio, su ffi cient security. ible terms . The fo rm er is a lack of informa.
tion or absence of knowledge; th� latter, a
IDONIETAS. In old English law. Abil­ misapprehension or confusion of information,
Ity or fitness, (of a parson.) Artic. CIeri, or a mistaken supposi tion of the possesSion
.. 13, of k ll owled ge. Error as to a fact may im·
ply ignorance of the truth; but ignorance
IF. In deeds and w1l1s, this word, 88 A
does not necessarily imply error.
rule, implies a con di ti o n precedent. unless it
Essential ignorance is ignorance in relation to
be control led by other wo rds . 2 Crabb, Real aome essential circumstance so intimately OOD.·
Prop. p. 809, § 2152; 77 N. C. 431. neoted with the matter in question, and which eo
influences the pat·ties, that it induces them to act
IFUNGIA. The finest white bread, tor­ in the busineas. Poth. Vente, no. 8, 4: i i Kent,
merly called "cocked bread." Blount. Corum. 861.
Non-cssentiat or accidental ignorance is that
IGLISE. L. Fr. A church. Kelham. which has not of itaeU any necessary connection
with the busineSA in question, and which is not
Another form of glise. "
I< e
the true consideration for entering into t.he con­
traot.
IGNIS JUDICIUM. The old j udicial
In:vohmtarv i{7noranct is tha.t whioh does not;
'riRl by fire. Blount. proceed from choice, and which oanuot. be over­
come by the use of a.ny means of knowledge known
IGNITEGIUM. In old English law. to a person and within his power; as the igno­
The curfew, or evening bell Cowell. See ranooof a law which has not yet been promulgated.
CURFEW. Voluntary ignorance exists when a party might,
by t..'l.k.ing reasonable pains, have acquired the
IGNOMINY. Public disgrace; Infamy; necessary knowledge. For example, every man
might acquil'B 1\ knowledge of the laws which bave
reproach; dishonor. Ignominy is the oppo­
been promulgated, Doct. & Stud. 1, 46; Plowd.
.ite of esteem. Wolff,'§ 145. See 38 Iowa,
843.
220.
IGNORANTIA. Ign oran ce j want ot
IGNORAMUS. Lat. "Weare ignorant;"
knowledge. Distinguished from mistake,
··We ignore it." Formerly the grand jury
(error,) or wrong conception. Mackl!ld.
used to write this word on bills of
when. after baving heard the
indictment
evidence. they
Rom. Law, § 178; Dig. 22, 6. Divided J
by Lord Coke i n to ignorantia facti (igno­
thou ght the accusation against the prisoner
rance and iglw1'antia juria, (ig..
of fact)
was groundless, intimating that, t.hough the
norance of law.) And the former. he adds,
tacts mig ht possibly be true, the trut h did
fs twofold,-lectionis et lingua, ( ig n orance
not appear to them; but now they usually
of reading and igno ran ce of lang u age. ) 2
U
r
write in English the wonls" Not a true bill,"
Coke,3b.
or -Not found," if that is their verdict; but
they are still said to ignore the bill. Brown. Ignorantia. eorum qnm qniB scire ten·
etur non excusat. Ignorance of those
IGNORANCE. The w ant or ab.ence ot
things which one is bound to know excuses L
knowledge.
no t. Hale, P. C. 42; Broom, Max. 267.
Ignoran ce of law 1s want of kn owledge or
acquaintance with the laws of the land in so Ignorantia. fo. c t i excusat. Ign orance
far as they apply to the act. relation. duty. or of fact excuses or is a ground of relief. 2
matter under consideration. Ignorance of Coke, 3b. Act.'i done and contracts made M
fact is want of knowledge of som� fact or under mistake or ignorance of a material fact
 IGNORANTIA F ACTl EXCUSAT 590 ILLEVIABLE

are voidable and relievable in law and equity.
2 Kent, Comm. 491, and notes.
Ignorantia facti excusat, ignorantia ju­
ris non excusst. Ig n oranc e of the fact ex­
cuses; ignorance of the law excuses not.
Every man must be taken to be cog niz ant of
the law; otherwiseth�re is no saying to what
extent the excuse of ignorance may not be
carried. 1 Coke , 177; Broom, Max. 253.
Ignorantia juris quod quisque tenetur
scire, Deminem excusat. Ignorance of
th,e [or a] law. which every one is bound to
ILL. In old pleading. Bad; defective In
la w; nullj naught; the oppOSite of good or
valid.
ILL FAME. Evil repute; notoriou!! bad
character. Houses of prostitution, gaming
houses, and o�her stich disorderly places are
cal led jj houses of ill fame. II an d a person who
frequen ts tbem is a person of ill fame.
·
ILLATA ET INVECTA. Thi n gs
brought into the house for use by the tell.:mt
were so cal led, and were liable to the jUl
hypothec(J3 o f Roman law. just as they are

know, excuses no maD. A mistake in point to the landlord's right of di stress at co mmon
of law is. in criminal cases, no sort of defen se . law.

4 131. Comm. 27; 4 ::;tepb. Comm. 81; J3room, ILLE GAL. Not autborized by law;
Max. 253; 7 Car. & P. 456. And . in civil illicit; unlawful; c on t rary to law.
cases, ignorance of the la w. with a full knowl­ Sometimes this term means merely that which
edge of the facts. furnishes no ground, either lacks authority of or support from law; but more
frequently it imports a violation. Etymologically,
in law or equity, to r escind agreemenLs, or
the word seems to convey the negative meaning
reclaim money paid, or set aside solemn a.cts
only, But in ordinary use it has a severer, strong .
of. the parties. 2 Kent, Comm. 491, and er signification; the idea. of censure or condemna­
note. tiou for breaking' la'v is usually presented. But
the law implied in illegal is not necessarily an ex·
Ignorantia. juris Bui non prrejudicat press statute. Things are called "illegal" for a
juri. Ignorance of one's right does not prej. violation of common-law principles. And the term
does Dot imply that the act spoken of is immoral
udice the rig ht. LofEt, 552.
or wicked; it implies only a breach of the la.w.
Ignorantia legis neminem excusat. 1 Abb. Pro (N. S.) 432; 4S N. H.. 196; Id. 211; 8
Sneed, 64.
Ignorance of law excuses no one. 4 Bouv.
In st. no. 3828; 1 Story, Eg. Jur . � 111; 7 ILLEGAL CONDITIONS. All those
Watts, 374. that are impossible., or contrary to law. im·
m oral, or repugnant to the nature of the
IGNORATIO ELENCHI. Lat. In
transaction.
logic. .An overlooking of the adve rsary 's
counter-position in an argument. ILLEGAL CONTRACT. Anagreement
to do any act forbidden by the law, or to omit
Ignoratis terminis artis, ignoratur et
to do any act enjoined by the law.
arB. Where the terms of an art are un­
known, the art itse1f is unknown al:1o. Co. ILLEGAL TRADE. Such traffic or
Lltt. 2a. commerce as is carried on i n violation of the
municipal law, or contrary to the law of na·
IGNORE. 1. To be ignorant of, or UIl·
tions. See ILLICIT TRADE.
acquainted with.
2. To disregard willfull y; to refuse to rec­ ILLEGITIl\IACY. The condition before
ognize; to decline to take notice of. the law, or the social status, of a bastard;
3. To reject as groundless, false, or un­ the state or condition of one whose parents
suppor ted by evidence; as whe n a grand j ury were not inte rm arri ed at the ti m e of his
ignores a bill of indictment . birth.

I g n o8ci t u r ei qui aanguinem auum ILLEGITIMATE. That which i. con·

qualiter redemptum voluit. The law trary to law; it is llsually applied to bastarda.
bolds him excused from obligation wbo chose or children born out of lawful wedl ock.
to redeem his blood (or life ) upon any terms. The Louisiana Code divided illegitimate ohUdren
Wbatever a man may do under the fear of into two classes: (1) Those born from two persona­
who, at the momont when such children were con·
lOSing his life or limbs will not be h e ld bind­
ceived, could have lawfully intermarried; and (2)
ing upon him in law. 1 BI. Comm. 131. those who are born fl'om persons to whose mar-.

riage there existed at the time some legal impedi�

IKENILD STREET. O n e of the four ment. Both clflsses, however, could be ackno\vl­
great Roman roads in Britain; 8upposed to edged and take by devise. 12 Rob. (La.) 56.
be 80 called from tile Iceni.
ILLEVIABLE. Not leviable; that can··
ILET. A little island. not or oughL not to be levied. CowelL
 ILLlCENCIA rUB 591 IMI3ROCU8

ILLICENCIATUS. In old Englislllaw. share of the property to one of the nbjPcts of'
WllboulllceDse. Fleta. lib. 3, c. 5. § 12. a power, In order to escNpe the rule thaL an

exclusive appnintment could. not be made un·

I L LIC I T . Not permitted or allowed;
less it was authorized by t.ho instrument cre­
prohi bited; unlawful; as an illicit trade;
ating the power, was conSidered illusory nnd
Illicit intercourse.
void in equity. nut this rule has been ahol­
ILLICIT TRADE. Policies of marine ished in England. (I Will. IV. c. 46; 37 &
insurance us ually contain a covenant of 38 Viet. c. 37.) Sweet.
warranty against Uillicit trade," meaning
thereb y trade which is forbidden. or declared ILLUSORY APPOINTMENT ACT.

unlawflll. by the laws of lhe country where The statute 1 'Vm. IV. c. 46. This statutI'

the cargo is to be delivered. enacts that no appointment made after its

"It is not the same with • contraba.nd paSSing, (J uly 16, 1830.) in exercise of a pow­

trade,' although the words are sometimes el" to appoint property, real or personal, among

used as synonymous. Illicit or prohibiLed several objects, shall be in valid. or impeached

trade is one which cannot be carried on with­ in eqUity, on the ground that an unsubstan.

out a distinct violation of some positive law tial, illusory. 01' nomina.l share only was

of the country where the transaction is to thereby appointed, or left nnappointed, to de­

take place." 1 rar�. Mar. Ins. 614. volve upon any one or more of the objects of
BlICh power j but that the apPOintment sha ll
ILLICITE. Unlawfully. This word bas bo valid in equity. as at law. See. too. 37 &
a technical meaning. and is requisite in an 38 Vict. c. 37. Wbarton.
indictmellt where Lhe act charged is unlaw­
ful; as in the case of a riaL. 2 Hawk. P. C. ILLUSTRIOUS. The prefix to the title
c. 25. § 96. of a prince of the blood in England.

ILLICITUM COLLEGIUM. An ille· IMAGINE. In English law. In cases

gal corporation. of treason the law makes it <l crime to imag.
ine tbe death of the king. But, in order to
ILLITERATE. U nlett ered ; Ignorant;
complete tbe crime, this act of the mind must
unlearned. Generally used of ooe who cao­
be uemonstrated by some overt act. The
not read and write.
terms "imagining" and "compassing" are
ILLOCABLE. Incapable of being placed in this connection l5ynonymous. 4 DI. Corum.
out or hired. 78.
ILLUD. Lat. That.
IMAN, IMAM, or IMA UM. A Moham·

mud, quod alias licitum non est, ne­ medan prince having supreme spiritual as

oessitas facit licitum; et necessitas in­ well HS temporal power; a regular priest of
dllci t pl'ivilegium quoad jura privata. Lhe illO Sque.

Hac. Max. That which is otherwise not

IMBARGO. An old form or "embargo,·
permitted. necessity permits; and necessity
(g. �.) St. 18 Car. II. c. 5.
makes a privilege as to private rights.

Dlud, quod alteri unit ur, extinguitur, IMBASING OF MONEY. '.rbe act of
mixing the species with an alloy below the
neque ampUus per se vacare licet. Godal.
Ecc. Law. 169. That which is united to an­ standard of sterling. 1 Hale. F. C. 102. J
other is extingnished. nor can it be any more
IMBECILITY. Weakness. or feebl ..
independent.
ness of intellect. either congenital, or result­
ILLUSION. I n medical jurisprudence.
An image or impression in the mind. excited
ing from an obstacle to the developm(,!ut or
the faclllLies. supervening in infancy. See
K
by some �xternal object addressing itself to Wbart. & 8. Med. Jur. §§ 229-233.
the senses, but which, insteau of correslJond­
ing with the reality, is perverted, distorted, IMBEZZLE. Se e EMBEZZLE.
or wholly mistaken.
IMBLADARE. In old English law. To L
ILLUSORY. Deceiving by false uppear­ plant or BOW grain. Bract. fo1. 176b.
ances; nomiual, as distinguisbed from sub­
stantial. IMBRACERY. See EMBItACERY.

ILLUSORY APPOINTMENT. For· IMBROCUS. A brook. gutter. or water· M

mer}y the aplJointment of a merely nominal passage. Cowell.
 IMMATEIUAL 592 IMMORALITY

IMMATERIAL. Not material, essen­ IMMEMORIAL POSSESSION. In

Lial, or necessary; not imp orta nt or pertine nt ; Louisi ana . Possession of which no man liv·
not dccisiv e e ing has seen the beginnin g, and the existence
of which he has learned from his elders.
IMMATERIAL AVERMENT. An
a ve rm en t alle ging with needless parti cular­ Oivil Code La. art. 762; 2 Mnrt . (La.) :H4.
ity or unnecessary circumstances what is IMMEMORIAL USAGE. A practice
mater i aland necessaTy, an d which mi ght which has existed time ou� of mind; cus·
properly have been stated more generally. and t om; prescription.
without such circumstances and particulars;
or, in other wo rels . a statement of un­ IMMEUBLES. These ore. in French
necessary parti c ula rs in conn ection with and law, the immovables of English law. Thing!
as desc rip ti ve of what is mate rial. Gould, are immeubles from any one of three causes:
PI. Co 3. § IH8; 3 Ala. 237. 245.

IMMATERIAL ISSUE. In plea ding.

(I) From their own nature,
houses;
instruments of agriculture when
imals and
e. g., la nds and
(2) from their destination e. g., an· ,
A n issue taken on a n im m ate rial pOint; that
is. a point not proper to d el!i de the action.
Steph. 1'1. 99. 130; 2 Tidd. Pro 921.
s u p pl ied by t he lamllord; or (3) by the ob­
ject to which they are annexed e. g., ease­
ments. Brown.
,
IMMEDIATE. 1. Present; at once;
IMMIGRATION. The coming into n
without delay; not deferred b y any interval country of fore ig ner s for purposes of perma­
ul Liwe. In this sense, the word. with ou t
nent residence. The correlative term "em­
any ve ry precise signification. denotes that i gration" de notes the act of such persona ill
actioll is or m u st be take n eilher instantly or
leavin g their former country.
Without any considerable lOBS of Lime.
Immediately docs not, in legal proceodings, nec­ IMMISCERE. Lat. In tbe civil law.
essarily import. the exclusion of any interval of To mix or m i ngl e with; to medelle with; to
time. It is a word of no very definite signi..fica.­
join with. Calvin.
tion. and Is mucb in subjection to its grammatical
connections. 31 N. J. Law, S13.
IMMITTERE: In the civil la.w. To
2. NoL sepa ra te d in respect to place; not put or let into. as
a beam into a wall. ·Calvin.;
separated by the intervention of a ny inter­ Dig. 50. 17. 242. 1.
mediate object, cause, relation, Ol' ri gh t.
In old English law. To put cattle on a
Thus we sp ea k of <In action as vrosecuted for
common. Flota. lib. 4. e. 20. § 7.
the " i mme dia te benefit" of A., of a devise as
made to the "immediate issue" of B., tltc. Immobilia sltum sequuntur. Immova­
ble things follow their site or position ; ar"
IMMEDIATE DESCENT. "Adescent g overned by the l aw of the place where they
may be sa i d to be mediate or i mme d iat e in are fixed. 2 Kon t. Comm. 67.
rega rd to the media.te or immediate descent
of the estate or right: orit may
be said to be IMMOBILIS. Immovable. Immobilia.

me diate or immedi�lte in regard to the me­ or 1'es immobiles. immovable things, s uch as
diateness or immedi aten ess of the pedigree or lands and buildings. Mackeld. Hom. Law,

) degrees of consanguinity." Story, J., 6 Pe t.

112.
§ 160.
IMMORAL. Contrary to good morals;
IMMEDIATELY. "It is Imp os sible to inconsistent with the rules and principl6J
lay down any bard a nd fast rule as to what of mo ral i ty which regard men as l i ving in
is the mea ni n g of the word I i mm ed iately ' in a community, and which are necessary
for
all cases. The words I forthwith 'an d I im­ the public welfare, order. and decency.
mediately I ha ve the same me-a n in g. TilAY
IMMORAL CONSIDERATION. Ono

,
are stronger th an the exp ress ion ' within 8
reasonable time ' and imply prompt, vi gorous
acLion, without any delay, and wheLher the re
contrary to good morals. and therefore in­
valid. Contracts based upon an immoral
consideration are ge nera lly void .
has been s u ch -action is a qu es ti on of fact,
havlDg regard to the circumstances of the IMMORAL CONTRACTS. Cont ract.
pa rti cular case." Cockburn, C. J., 4 Q. n. founded upon considerations contra bono.
Div.471. more8 are void.

IMMEMORIAL. Boyond buman mem- IMMORALITY. That wh ich la «ont,.

ory; Lime out of mind. bonos mores. See IMMORAL.
 IMMOVABLES 59B IMPEACHMENT OF WASTE

IMMO VABLES. In tbe civil law. Prop­ parties to an action to answer the pleading of
erty which. from its natu re , destination. or the other. It thus amounted to a contion·
�he object to which it is applied. cannot move anee of the action to a further day. Liter­
Itself, or be removed. ally the term signified leave given to the par­
Immovable things are, in general, such as ties to talk together/ i. e., with a view to
cannot either move themselves or be removed settling their differences amicably. But in
from ('De place to another. But this defini· modern practice it denotes a time given to
tiOD, st.rictly speaking, is applicable only to the defendant to plead.
lIuch things as are immovable by their own A generaL imparlance is the entry of a general
nature, and not to such as are 50 ooly by the prayer and allowance of time to plead till the next.
term, without reserving to the defendant. the ben·
disposition of the law. Civil Code lA. art.
elit of any exception j so that after such an impar
462. lance the defendant cannot object to the jurisdlo­
tion of the court, or plead any matter in abatement.
IMMUNITY. An exemption from aery·
This kind of imparla.nce is oJ.ways from one term
tng in an areca, or performing duties which to another.
the law generally requires aLber citizens to A GeneraL 8Pcclal imparlance con tams a saving
of all oxceptions whatsoever, so that the defendant
perform.
after this may plead not only in abatement, but he
IMPAIR. To weaken. diminish, or re­ may also plead 0. plea which affects the jurisdic-­
tion of the court, as privilege. He cannot, how­
lax, or otherwise affect in a n injurious man�
ever, plead a. tender, and that he was always ready
nero to pay, because by oraving time be admits that he
is not ready, and so foJ.sUles his plea.
"IMPAIRING THE OBLIGATION
A 81)ecl.at impm'kmce reserves to the defendant
OF CONTRACTS." For the meaning at aU exceptions to the writ, bill, or count; and there­
this phrase in the constitution of the United fore after it the defendant may plead. in abatement.
SI"te., .ee 2 Story, ConsL. §§ 137!1-1399; though not to the jurisdiction of the court. 1 Tidd,
Pro 462, 468.
I Kent, Corom. 413--422; Pom. Con.t. Law;
Black, Const. Probib. pt. 1. IMPARSONEE. L. Fr_ In ecclesias­
tical law. One who is inducted and in pos­
IMPANEL_ In English practice. To
session of a benefice. Parson imparsonee,
impanel a jury signifies the entering by tbe
(persona impersonata.) Cowell; Dyer. 40.
"herit! u pon a pie c e of parchmel1t, termed a
"panel," the names of the jurors who have IMPATRONIZATION_ The actol put­
been summoned to appear ill court on a cer­ ting into full possession of a barreuce.
tain day to torm a jury of the country to hear
IMPEACH. To accuse; to charge a Ii&­
8uch matters as may be brought before them.
bility upon; to sue.
Brown.
To proceed against a public officer for crimb
In AmerIcan practice. Besides the
or misfeasance, before a proper court, by the
meaning above given, " impanel " signifies
presentation of a written accusation called
the act of the clerk of the court in making
"articles of impeachment."
up a list of the jurors who have been select­
In the law of evidence. To call in ques­
ed for tbe trial of a particular cause.
tion the veracity of a witness, by means of
Impaneling has nothing to do with drawing, s&­
lectlng, or swearing jurors, but means simply
evidence mlduced for that purpose.
making the list of those who have been selected.
7 IIow. Pro 441.
IMPEACHMENT. A criminal proceed�
ing against a puhlic ollicer, before a qu.asi
J
IMPARCARE. In old English law. To political court, instituted by a written accusa­
Impound. Heg. Orig. 92b. tion called "articles of impeachment;" for
'1'0 sbut up. or confine in prison. Inducti example, a written accusation by the house
S"unt in carcerem et imparcatt, they were of representatives of the United States to the K
carried to prison and shut up. Bract. tal. sen;\te of the United States against an oilicer.
124. In England, a prosecution by the house ot
commons before the bouse of lords of a com­
IMPARGAMENTUM. The right er
moner for treason, or other high crimes and
L
impounding cattle.
misdemeanors. or of a peel' for any crime.
IMPARL_ To bave license to settle a liti­ In evidence. An allegation, supported
gation amicably; to obtain delay for adjust­ by proof. that a witness who has been ex­
ment. amined is unworthy of credit.

IMPARLANCE. In early practice, Im- IMPEACHMENT OF WASTE. Li- M

parlance meant time gi yen to either of the ability for waste committed; or a demand or
. A..M. DIOT. LAw-38
 IMPEACHMENT OF WITNESS 594 IMPERTINENT

.nit for compensation for waste committed IMPERFECT .RIGHTS. See RIGRTII.
lipan lands or tenements by a tenant thereof IMPERFECT TRUST. An executory
who. having only a leasehold or particular trust, ( which see;) and see EXEQUTED
estate, bad no right to commit waste. See 2 TRUST.
BI. Comm. 283.
Imperii majestas est tutelre salus. Co.
IMPEACHMENT O F W I T N E S S .
Litt. 64. The majesty of the empire is th&
Proof that a witness who bas testHied in a
safety of its protection.
cause is unworthy of credit.
IMPERITIA. Unskillfulness; want ot
IMPECHIARE. To impeach, to accnse,
skill.
')r prosecute for felony or treason.
Imperitia culpre adnumeratur. 'Van;
IMPEDIENS. In old practice. One who
of skill is reckoned as culpaj that is as ,

hinders ; an i mpedient. The defendant or

blamable conduct or neglect. Dig. 50, 17,
�eforciant in a fine was sometimes so called.
132.
')owe11; Blount.
Imperitia est maxima. mechanicorum
IMPEDIMENTO. In Spanish law. A
pomB.. Unskillfulness is the greatest pun­
prohibition to contract marriage. established
, isllment ot mechanics; [that is, from its ef­
y la w between certain persons.
fect in making them liaule to those by whom
IMPEDIMENTS. Disabilities, or bin­ they are employed.] 11 Coke. 54a. The
hances to the making of contracts. slich as word "perma" in some translations is er­
coverture. infancy. want of reason, etc. roneously rendered " fault."
In the civil law. Ba.rS'to marriage. IMPERIUM. T he right to command,
Absolute impediments are those which which includes the right to employ the force
prevent the person subject to them froTO of the state to enforce the laws. This is one
marrying at all. withont either the nullity of the principal attributes of the power of
f)f marriage or its being punishable. Di1'i­ the executive. 1 TauiJier, no. 58.
nant impediments are tliose which render a
mal'riage void i as where one of the contract­ IMPERSONALITAS. Impersonality.
A mode of expression where no reference is.
ing parties is unable to marry by reason of
a prior undissolved marriage. P1'ohibitive
made to any person, such as the expression
impediments are those which do not render "ut dicitw', " (as is said.) Co. Lilt. 352b.
the marriage null, but subject the parties Impersonalitas non concludit nec
to a punishment. Relative impediments are ligat. Co. Litt. 352b. Impersonality nei­
those which regard only certai II persons with ther concludes nor binds.
respect to each other; as between two par­
IMPERTINENCE. Irrelevancy; the
ticular persons who are related within the
prohibited degrees. Bowyer, Mod. Civil Law, fault of not properly pertaining to the issue
or proceeding. The introduction of any mat­
44, 45.
ters into a bill, answer, or other pleading or
IMPEDITOR. In old English law. A proceeding in a su it , which are not properly
disturber in the action of quare impedit. before the court. for decision, at any particular
St. Marlb. c. 12. stage of the suit. Story, Eg. PI. § 266.
IMPENSlE. Lat. In the civUlaw. Ex­ In practice. A question propounded to
penses ; outlays. Mackeld. Rom. Law, § 168; a witness, or evidence offered or sought to
Calvin. Divided into necessary, (1iecessa­ be elicited, is called " impertinent" when it
rice, ) useful, (utiles,) and tasteful or orna­ bas no logical bearing upon the issue, is not
mental, (voluptuarire.) Dig. 50, 16, 79. necessarily connected with it, or does not be­
See Id. 25, 1. long to the matter in band. On the distinc­
tion between pertin(,llcy and 'relevancy, we
IMPERATIVE. See DIRECTORY.
may quote the foHowing remark of Dr.
IMPERATOR. Emperor. The tiile of \Vbarton: flRelevan(."'g is that which con­
the Roman emperors. and nlsoof the kings of duces to the proof of a pertinent hypothesis :
England before the Norman conquest. Cod. a pertinent hypothesis being Olle which, if
I, 14, 12; I Bl. Comm. 242. See EMPEROR. sustained, would logically influence the iSSUb. "
1 Whart. E v . § 20.
IMPERFECT OBLIGATIONS. Moral
duties, such as charity. gratitude, etc., which IMPERTINENT. In equity pleading.
cannot be enforced by law. That which does uot belong to a pleading, in-
 IMPERTINENT 5n5 IMPLIED CONTRACT

terrogatory, or other proceeding ; out of place i to avoid the risk of m:lking fruitless voyagett.
lupertluou8i irrelevant. meJ'chants have been in the habit of receiving
At law. A term applied to matter not small adventnres. on freight, at so much per
necessary to constitute the cause of action or cent'j to which they are entitled at all events.
ground of defense. Cowp. 683; 5 East. 275; even if the ad ven ture be lost ; and this is
2 Mass. 283. It constitutes s urplusage, called "implicata." Wharton.
(which see. )
IMPLICATION. Inteu dmen t or infer­
IMPESCARE. In old records. To im­ ence, as distinguished from th e actual ex�
peach or accus e. Impescatus, jmpeached. p ression of a thing in words. In a will, an
Blount. estate may pass by mere implication, with4
out any express words to direct its cou rse.
IMPETITIO VASTI. Impeachm ent ot
2 BI. COffim. 381.
......te. (g• •• )
An inference of something not directly declared,
IMPETRARE. In old EngliSh pr actice. but a.rising from what is admitted or expressed.
To obtain by request, as a writ or privi lege. In construing a will conjecture mus� not betaken
for implication ; but necessary implication meaus,
Bract. fols. 57. 172b. Th is application of the
not natural necessity, but so strong a probability
word seems to be d eri ved from the civil law. of intention that an intention contrary to that.
Calvin. which is imputed to the testator canllot be 6U�
posed . 1 Ves. & B. 406.
IMPETRATION. In old Englisb law.
"Implication" is also used in the sense at
The obtaining anything by petition or en­
"inference;" i. e . . where the existence of an
treaty. I'arti cularlyI the obtain in g of a bene­
intention is inferred from acts not done for
fice from Rome by solicitation, which benefice
the sole purpose of communicating it. but
lJelonged to the disposal of the king or other
for some other purpose. Sweet.
lay patron. Webster; Cowell.

IMPIER. Umpire. (g • •• ) IMPLIED. This word is used In law as

contrasted with " express ;" t. e., where the
IMPIERMENT. Impairing or prejudic­
intention in regard to the SUbject-matter is
ing. Jacob.
not manifested by explicit and direct words,
IMPIGNORATA. Pledged ; given in but is gathered by implication or necessary
pledge, (pignori data; ) mort.gaged . .A term deduction from the circulllstances, th e gen�
applied in Bracton to land. Bract. fol. 20. eral language. or the conduct of the parties.

IMPIGNORATION. The act of pawn­ IMPLIED ABROGATION. A statnt.

ing or p utting to pledge. is said to work an II implied abrogati on II ot
an earlier one, when the later statute con­
Impiu8 crudelis judicandu8 est
et
tains provisions Which are incon!listent with
qui llbertati non favet. He Is to be judged
the further continuance of tile earlier law;
impious and cruel who does notravor liberty.
or a statutl'l is impliedly abrogated when the
Co. Litt. 124.
reason of it. or tue object for which it was
IMPLACITARE. Lat. To implead ; to passed, no longer exists.
lue.
IMPLIED ASSUMPSIT. An under­
IMPLEAD.
acute by due course of law.
In practice. To fille or pros·
9 'Vatts. 47.
tak ing or promise not formally made, but
J
presu m ed or implied from tbe conduct ot a
party. See ASSUMPSIT.
IMPLEADED. Sued or prosecuted; used
particularly in the titles of causes where IMPLIED CONDITION. Bee CONDI­
there are several defendants ; as "A. B., im­ TION IMPLIED.
pleaded with C. D."
K
IMPLIED CONSIDERATION. A
IMPLEMENTS. Such things as are used consideration implied or presumed by lawt
or employed for a trade, or fUrniture of a as distinguished from an express considera­
house. 11 Me lc. (Mas s . ) 82. tion. (g. 'v.)
·Whatever may supply wants ; particularly l
applied to tools, utensils, vessels , instruments
IMPLIED CONTRACT. One notcrea�
ed or evidenced by the explicit agreem ent at
of labor j as, the implements of trade or of
the parties, but inferred by the law. as a matter
husbandry. 23 Iowa. 359; 6 Gray. 298.
of reason and j ustice, from their acts or con·
IMPLICATA. .A term used in mel'c.:m­ duct. For example, if A. hires B. to do any M
tUe law. derived from the Italian. In order bUSin ess or perform any work for hilll, the
 IMPLIED COVENANT 596 IMPO TENTIA EXCUSAT LEGEM

law implies a contract or undertaking on impossibility may be either absolute, t. e.,

A. 'II part to pay B. as m uch as his labor or impossible in any case, (e. g., for A.. to reach
service deserves . 2 Bl. Camm . 443. the moon,) or relatice, (sometimes called
" i mpossib iJity in fact, H ) i. e., arising fl oJ,Il the
IMPLIED COVENANT. One which is
circumstances of the case, (e. g., for ii. to
not Ret forth explicitly. but is raised by im­
make a payme nt to B he being a deceased
pl i catio n of law from the use of ce rt ain terms
.•

person.) To the latter class belongs what is

("grant.," "give," " t.1ew is e, " etc. ) in 1,11econ­
sometimes called "practical impossibiliLy."
vey au ce, contract, or lease. See COVENANT.
which exists when the act can be done, but
IMPLIED MALICE. Malice inferred only at an excessive or u n reason <l.ble cost.
by legal reasoni ng and necerssary deduction An act is legally or j uridically i mpossi ble
from the Tes gestm or the conduct of the party. when a rule of law makes it impossible to do
'
Mali ce inferred from any deliberate cruel it; e. g., for A. to ma.ke a valid will before
act committ�d by one person against another, his maj o rity. This class of acts must not be
however sudden. 'Vbart. Hom. 38. What confo unded with those which are pOSSibl e,
is cal led "general malice" is often th us in­ althoug h forbidden by law, as to commit a
ferred. theft. An act is logically impossible when
it is contrary to the n ature of the transaction,
IMPLIED TRUST. A trllst raised or
as where A. gives property to B. exp ressly
created by implication of law; a trust im­
for h is own benefit, on condition tbat he
plied or p res umed from circulllstances.
tra n sfers it to C. Sweet.
IMPLIED USE. See RESULTING USE.
Impossibilium n u l l a. oblig atio est.
IMPLIED WARRANTY. A warranty There is [10 obligation to do i mpossible things.
ra ised by the law as an inference from the Dig. 50. 17, 185; Broom, Max. 249.
acts of the parties or the circum stances of the
chattel IMPOSSIBLE CONTRACTS. An im·
tran saction . Thus. if the seller of a.
possible contract is ooe which the law will
have p ossession of it and sell it as his own.
not hold binding upon the parties , because or
and not as agent for anot.her. and for a fuir
the natural or l egal im poss i bi l i ty of th e per·
price. lie is understood to war-rant the title.
formance by o n e party of that which is the
2 Kent, Colll[U. 478.
A. warranty implied from the general tenor
consideration for the promise of the other.
of an instrument. or from particular words
7 Wait. Act. & Del. 124.
Impossible contracts. which will be deemed
used in it, although no express warranty is
void in the eye of the law. or of wh i ch the
mentioned. Thus , in every policy of i nsu r·
performance will be excused, are such con·
anca there is an implied wa rra nty tbat the
tracts as cannot be performed. either because
ship is sea wor thy when the p olicy attaches.
of the n ature of the obligation tlodartaken,
3 Kent, Comm. 287; 1 Phil. Ins. 308.
or because of some supervening event whicb
IMPORTATION. The act of bringing renders the performance of the obligation
goods and merchandise into (\ cou ntry from eitber physically or legally i mpossible. 10
a foreign country. Amer. & Eng. Enc. Law, 176.
IMPORTS. Importat i o ns ; goods or other
IMPOSTS. Taxes. duties. or im pos itio ns.
property imported or In'ought i nt o the coun·
A duty on imported goods or merchandise.
try from a fore ign cou n try.
Story, Const. § 949.
IMPORTUNITY. Pressing solicitation; Impost is a. tax received by the prince for Buch
urgent request j application for a claim or merchandises as ara brought into any haven within
his dominions from foroign nations. It may 1n
favor which is urged with troublesome fre­
80me sort be distinguisbed from customs, because
quency or pert inaC ity. 'Vebster.
customs are rather that proflt the prince wakath
of wares shipped out; yet t.hey are frequently oon·
IMPOSITION. An i mpost; tax; contri­
founded. CowelL
bu tion.
I M P 0 T E N C E. In medical juri spr u.
IMPOSSIBILITY. That which, in the
dence. The incapacity for copulation or prop­
con stitut.ion and course of nature or the law.
agating th e species. Properly used of the
no man can do or perform .
malej but it bas also been used synonymous·
I mpossibility is of the following several
ly with Ii sterility. "
aorts:
An act is physically im possible when it Is Imp ot entia excusat legem. Co. Lltt.
contrary to the course of nature. Such an 29. The impossibility of doiog what i.a r&-
 IMPOTEKTIAM, ETO.
qutred by the law eXCllsee from the perform­
ance.
IMP O T E N T I A M , PROPERTY
PROPTER. A qualified property, which
may subsist in animals jeres natuTre on ac­
count of their irtability, as where hawks,
herons. or other birds build in a person's
trees, 01' conit's, t!tc., make their nests or bur­
rows in a person's land. aud have young
there, such person bas a quali fied property
in them till they can fly or run away, and
then sucb property expires. 2 Steph. Comm.
(7th Ed.) 8.
IMPOUND. To shllt up stray animals
or distrain�d goods i n a pound.
To take into the custody of the law or of a
court. Thus, a court will sometimes im­
pound a suspicious document produced at 8
trial.
IMPRESCRIPTIBILITY. Th.
or qualHy of being incapable of prescription;
not of sucb a character that a right to it can
be gained by preacri ption.
IMP R E S C R I P T I B L E RIGHTS.
Such rights as a person may use or not, at
pleasure. since they cannot be lost to him by
the claims of another founded on prescrip­
tion.
IMPRESSION. A "case of the first im­
pression" i8 one without a precedent; one
presen ting a wholly new state of facts ; one
involving a question never before deter­
mined.
IMPRESSMENT. A power possessed
by the English crown of taking persons or
property to aid in the defense of the country,
with or without the consent of the persons
concerned. It is usually exercised to obtain
hands for the queen's ships in time of war,
by taking seamt!n engaged in merchant ves­
se ls , (1 BI. (JQmm. 420; Maud & P. Shipp.
123j) but in former times impressment of
mercimnt ships was Hlso practiced. The ad-
o miralty issues protections against impress­
ment in certain cases, either under statutes
passed in favor of certain callings (e. g., per-
80ns employed in the Greenland fisheries) or
voluntarily. Sweet.
IMPREST ' MONEY. Money paid on
enlisting or impressing soldiers or sailors.
IMPRETIABILIS. Lat. Beyond price;
invaluable.
IMPRIMATUR. Lat. Let it he printed.
A. license or allowance. granted by the con-
597 IMPROPEH NAVIGATION
stituted authorities, giving permission to
print and publish a book. This allowance
was formerly necessary, in England, before
any book could lawfully be printed, and in
some other countries is still required.
IMPRIMERE. To press upon; to im­
press or press; to imprint or print.
IMPRIMERY. In some of the ancient
English statutes this word is used to signify
a printing-office, the art of printing, a print
or impression .
IMPRIMIS. Lat. In the first place ; fit8t
of all.
IMPRISON. To put In a prison ; to put
tn a place of confinement.
To confine a person, or restrain his Uberty,
in BUY way.
IMPRISONMENT. Th e act of putting
or confining a man in prison; the restraint
stat.
of a man's personal liberty j coercion exer­
cised lIpon a person to prevent the free exer­
cise of his powers of locomotion.
It is Dot a necessary part of the definition
that the confinement should be in a place
usually appropriated to that purpose; it may
be in a locality used only for the specific 0c­
casion; or it may take place without the actu­
al application of any physical agencies of re­
straint, (such as locks or bar8,) but by verhal
compulsion and the dIsplay of available force.
See 9 N. H. 491.
Any forcible detention of a man'a person, or
control over hill movements, is imprisonment. 8
liar. (Del.) 416.
IMPRISTI. Adherents; followers. Those
who side with or take the part of another,
either in his defense or otherwise.
IMPROBATION. In Scotch law. An
action brought for the purpose of baving
80me ins�rument declared false and forged.
I Forb. Inst. pt. 4, p. 161. The verb "im­
J
prove" (g. v.) was used in the same sense.
IMPROPER. Not 8uitable; unfit; not
suited to the character. time, and place. 48
N. II. 199. Wrongful. 53 Law J. P. D. 65.
IMPROPER FEUDS. These were de­
riVative feuds; as, for instance, those tbat
were originally bartered and sold to the feud­
atory for a price. or were held upon base or
less honorable services, or upou a rent in liell l
of military service, or were themsel ves alien­
able, without mutual license. or descend8(l
indifferently to males or females. Wharton.
IMPROPER NAVIGATION. Any- M
thing improperly done with the ship or part
 IMPROPRIATE RECTOR 598 IMPUTED NEGLIGENCE

of the ehip In the course of the voyage. L. defined as requisite to convey rights. In Gtber
R. 6 C. P. 563. See. also. 53 Law J. P. D. cases not. But the test which runs through an
the cases is always this : Are they real, and
65.
made bfl'nn fide, io accordance with tbe policy 01
the law, or are they only colorable, and made for
IMPROPRIATE RECTOR. In ecele­
the purpose of fraud and speculation 1 37 Ark.
siastical 1nw. Commonly signifies a lay ree..
137.
tor ..15 opposed to a spiritual rector ; just as
In the law of patents. An addition to,
improllriate tithes are tith�s in the hands of
or modification of. a previous invention or
a lay owner, as opposed to appropriate tithes.
discovery, intended or claimed to increase- its
which are tithes i n the bands of a spiritual
utility or value. See 2 Kent, Comm. 866-
owner. Brown.
372.
IMPROPRIATION. In ecclesiastical
IMPROVEMENTS. A term used I.
law. The annexing an ecclesiastical bene·
leases, of doubt.ful meaning. It would seem
fice to the use of a Jay person. whether indi­
to apply principally to buildings. though
v i d ual or corporate, in the same way as ap­
generally it extends to the amelioration ot
prop1'iatton is the annexing of any such
every description of property. whether real
benefice to the proper and perpetual use of
or personal ; but. when contained iJl, any doe­
80me spiritual corporation, whether 801e or
nment, its meaning is generally explained
aggregate. to enjoy forever. Brown.
by other words. 1 Chit. Gen. Pro 174.
1M PR 0VE . In Scotch law. To df&.
IMPROVIDENCE, as used i n a statute
prove; to invalidate or impeacb; to prove
excl uding one found incompetent to execute
false or forged. 1 }"orb. lnst. pt. 4, p. 162.
the duties of an administrator by reason ot
To improve a lease means to grant a lease
improvidence, means that want of care and
of unusual duration to encourage a tenant,
foresight in the management of property
when tile soil is exhausted. etc. Bell; Stair,
which would be likely to render the estrlte
1nst. p. 676. � 23.
and effects of the intestate unsafe. and liable
IMPROVED. Improved land Is such as to be lost or diminished i n value, in case the
has been r('claimed. is used for the purpuse administration should be commit.ted to the
of husbandry, and is culLivaLt:d as I:)uch, improvident person. 1 B,u b. Oh. 45.
whether the appropriation is for tillage,
IMPRUIARE. In old records. To Im­
meadow. or pasture. "Improve" is synony­
prove land. Imprutamentuffl1 the improve­
mous with "cultivate. " 4 Cow. 190.
ment so made of it. Cowell.
IMPROVEMENT. A valuable addition IMPUBES. Lat. In the civil law. A
made to property (usuaHy real estate) or an minor under the age of pubertYi a male un­
amelioration in its condition, amounting to
der fOUrteen years of age; a felilaie under
more than mere repairs or replacement of twelve. Calvin.; Mackeld. Rom. Law, § 13S.
waste, costing labor or capital, and intended
to enhance its value and uLility or to adapt Impunitas continuum affectum tribuit
it for new or further purposes. delinquendi. 4 Coke, 45. Impunity con­
firms the disposition to commit crime.
In AmeriQan land law. An act by which
a locator or settler expresses his inten tiOD to Impunities semper ad deteriora invi­
culti \ ate or clear certain land; an act ex­ tat. 5 Coke, 109. Impunity al ways invites
pressive of the actual possession of land; as to greater crimes.
by erecting a cabin, planting a corn-field,
IMPUNITY. Exemption or protection
deadening trees in a forest; or by merely
from penalty or punishment. 36 Tex. 153.
marking trees, or even by piling up a brush­
beap. B UrJ'ill. IMPUTATIO. In the civil law. Legal
An "improyemeot, " underour land system, does liab�llty.
not mean a genera.l enhancement of the value of
the tract from the occupant's operations. It has a
IMPUTATION OF PAYMENT. In
more limited meaning, which has in view tho pop­ tbe civil law. The application ot a payment
ula.tion of our forests, and the increase of agri<""llit made by a debtor to bis creditor.
ural products. All works which are directed to
the creation of homes for families, or are substan­ IMPUTED NEGLIGENCE. Negli­
Lial steps towards bringing l:mds into cultivation, gence which is not directly attributable to
have in their results the special character of "1m­
the person himself. but which is the negli­
provementa," and, under the l&nd laws of ihe
United States and of the aeveral atates, a.re en­ genceof a person whois in privity with him.
lDOur&ged. Sometimes their m.blimum extent ia and with whose fault he is chargeable.
•

099 IN BONIS

IN. In the law of real estate, this prepo­ especially when the spirit of the law caD he
titian has al ways been used to denote the fact collected from that. Dig. 1, tI, 19; Broom,
or seisin, title, or possession. and apparently Max. 576.
serves as an elliptical expn:s sion for some
In ambiguis easibus semper prmsum..
lucb phrase as l'in possession," or as an ab­
itur pro rege. In dOli utful cases the pre­
breviation for " intitlcd" or " invested witll
sumpti on is always i n favo r of the king.
ti tle. II Thus, in thu old books. a tenant is
II
said to be !lin by lease of his lessor. Litt. In ambiguis orationibus maxime sen..
§ 82. tentia speetanda est ej us qui eas protul..
isset. In ambiguous expressions, the inten­
IN ACTION. Attainable or recoverable
tion of the person using them is chiefly to be
by actionj not in possession . A term ap­
regarded. Dig. 50, 17, 96; Broom, Max.
plied to property o f which a party has not the
567.
possession, but only a right to recover it by
action. Things in action afe rights of per- In Anglin. non est interregnum. In
80nal things, which nevertheless are not in Englund there is no interreg num. Jenk.
possession. See CnOSE IN ACTION. Cent. 205; Broom, Max. 50.

IN ADVERSUM. Against an adverse, IN APERTA LUCE. I n open daylight;

unwilli ng , or resisting party. " A decree In the d ay tim e .
· 9 Coke, 60b.
not by consent, but in ad'oersum. " 3 Story,
IN APICIBUS JURIS. Among tho
SI8.
subtleties or extreme doctrines of the law .

In redificiis lapis male positus non est I Kames. Eq. 190. See APEX JURIB.
removendus. 11 Coke, 69. A ston e badly
placed in buildings is not to be removed. IN ARBITRIUM JUDICIS. At tho
pleasure of the j udge.
IN lEQUA MANU. In equal ha nd.
Fleta. lib. 3, c. 14. § 2. IN ARCTA ET SALVA CUSTODIA.
In close and safe custody. 3 BI. Corum. 415.
IN lEQUALI JURE. In equal right ;
on an equality in point of right. IN ARTICULO. In a moment: imme-­
diately. Cod. I, 31, 2.
In requa.li jUl'e melior est conditio
possidentis. In [a case of] equal right the IN ARTICULO MORTIS. In the arti.
condition of the party i n possession is the cleof dealh ; at the pO in t o! death. 1 Johns.
better. Plowd. 296; Broom, 1lax. 713. 159.

IN lEQUALI MANU. In equal hand; In atrocioribus delietis punitur affeo­

held equally or indi fferently between two tus lieet non sequatlU' effectuB. 2 Rolle
parties. 'Vhere an instrument was deposit. R. 82. In more atrocious crimes the intent il
ed by tile parLies to it in the hands of a third punished, though an effect does not follow.
person, to keep on certain conditions, it was
IN AUTRE DROIT. In an.
L. Fr.
said to be held in cequali manu. Ueg. Orig.
other's ri ght. As r ep rese n ti ng �mother.
An
26.
executor, administrator, or trustee sues €n
IN ALIENO SOLO. In another's land. au·tre d1'oit.
2 Steph. Comm. 20.
IN BANCO. In bank; In the bench. A
J
IN ALIO LOCO. I n another place. term applied to proceedings in the court i n

In alta. proditione nulius potest esse bank, 8S distinguished from proceedings at

accessoriuB sed principalis solummodo. nisi pril£.'J". Also, in the English court of
3 ln st. 138. In high treason DO one can be common bench. K
nn accessary. but only prin cipal .
IN BLANK. A term applied to the in.
In alternativis alectio est debitoris. dorsement of a bill or note. where it consists
In alternatives the debtor has the election. merely of the indorser's name, without re­

In ambigua. voce legis ea potius acci·

striction to any pnrticuJarindorsee. 2 Stepb. L
Comm . 164.
pienda est signiflcatio qum vitio ca.ret,
prresertim eum etiam voluntas legis ex IN BONIS. Among the goods or pro]>"
hoc colligi possit. I n an ambig uo u s ex· erty ; 1n actual possessi on . lost. 4, 2, 2. (n
pression of law, that a i gn i Ucatio n is to be bonis defuncti, amon g the goods of the de- M
preferred which is consonant with equity, ceased.
 IN CAMERA 600 IN CONVENTIONlBUS, ETC.

I N CAMERA. I n cham be... ; In private. necessary that ea.ch part be true. Wing.
'
A cause is said to be heard in camera eiLher Max. 13, max. 9. In a condi tion conSisting
when the hearing is bad before the judge in of divers parts in the copulative, buth parts
bis private room, or when aU spectators are must be performed.
excluded from the court-room.
IN CONSIDERATIONE INDE. In
IN CAPITA. To the h"'1ds; by bead. or consideration thereof. 3 Salk. 64, pl. 5.
polls .Persons succeed to an inheritance in
IN CONSIDERATIONE LEGIS. In
capita when they individually take equal
consideration or contemplation of law; in
abares. So challenges to individual j u rors
abeyance. Dyer, 102b.
are challenges in capita, as distinguished
from challeuges to the array. IN CONSIDERATIONE PREMIS·
SORUM. I n consideration of the premises.
IN CAPITE. I n chief. 2 Bl. Comm. GO.
1 otrange, 535.
Tenure in capite \\'as a holding direcLly from
tbe king. In 0 0 n B 1 m i I i casu, consimile debet
esse remedium. Hardr. 65. I n similar
In oasu extrema;, necessitatis omnia
cases the remedy should be similar.
Bunt oommunis.. Hale, P. C. 54. In cases
of extreme necessity, everything is in com­ IN CONSPECTU EJUS. In his slgbt
mon. or view. 12 Mod. 95.
IN CASU PROVISO. Tn n (or the) case In consuetudinibus, non diuturnitas
provided. In taU casu editum et p1'ovisum. temporis Bed soliditas rationiS est con­
in such case made and provided . Townsh. sideranda. In cnstoms, not length of time,
Pl. 164, 165. but solidity of reason. is to be cousidered.
Co. Litt. 141a. The antiquit.y of a custom
IN CAUSA. In the cause, as distin­
is to be less regarded than its reasonabl�nes8.
guisbed from in initiaZibus. (q. tl.) A term
in Scotch practice. 1 Brown, Ch. 252. I N CONTINENTI. Immediately ; witb·
out any interval or intermission. Calvin.
IN CHIEF. Principal; primary; directly
Sometimes writ ten as ODe word, U incont£..
obtained. A term applied to tile ev idence
nenti. "
obtained from a witness UpOIl his examina.­
tion in courL by the party producing him. In contractibus, benigna ; in testa­
Tenure in chief. or in capite, i s a balding mentis, benignior ; in restitutionibus,
directly of the king or chief Ionl. benignissima interpretatio facienda est.
Co. Litt. 112. In cont.racts, the interpreta­
In civilibus min1sterium excusat, in
tion i s to be liberal; in wills, more liberal;
criminalibus non item. In civil matters
in restitutions, most liberal.
agency ( or service ) eXClises, but n ot 80 in
criminal matters. Lofft, 228j Tray. Lat. In contractibus, rei veritas p o t i U 8
Max. 243. quam scripture. perspici debet. I n COD­
tracts, the truth of the matter ought to be
In olaris non est locus conjecturis.
regarded rather than the writing. Cod. 4.
In things ob vious there is no room for con­
22, 1.
jecture.
In contractibus, tacit,e insunt [veni­
IN COMMENDAM. I n commendation;
unt] quoo aunt moria et consuetudinis.
as a commended living. 1 BJ. Com m. 393.
In contracts, matters of cuslom and usage are
Sec CO�DIENDA.
tacitly implied. A contract is understood to
A term appli�d in Louisiana to a limited
con lain the customary clanses, although lhey
parLnership. answering to the French u en
lire not expressed. Story, Dills, § 143i 8
::ommandite. " Civil Code La. art. 2810.
Kent, Comm. 260. note; Broom, Max. 842.
In commodato hrec pactio, ne dolus
In contrahenda venditione, ambiguum
proostetur. rata non est. In the contract
pactum contra. venditorem interpretan·
of loan, a stipulaLion not to be liable for ft'aud
dum est. In the conlract of sale. an am­
is not valid. Di g. 13, 7, 17, pro
biguous agreement is to be interpreted
IN COMMUNI. I n common. Flet., against the seller. Di g. 50, 17, 1 72. 1:>••
lib. 3, c. 4, § 2. ld. 18, I, 21.

In conjunctiv1s. oportet utramque par­ In conventionibus, contrahentium vo­

tem esse veram. In conjunctives, it is luntas potius quam verba spectari pIa-
 IN CORPORE 601 IN EXTENSO

eu1t. In agret'ments, the intention of the In dubHs, non prresumltur pro testa.­
t:ontracting parties, rather than the words mento. In cases of doubt, the presumption ia
os.eu , shaulll be regarded. 17 Johns. 150j not in favor of a will. Branch, Prine. Boi
Broom, Max. 551. see Cro. Car. 51.

IN CORPORE. In body or substance i IN DUBIO. In doubt; In a atate ot un.

In a material thing or object. certainty, or in 8 doubtful case.

IN CRASTINO. On the morrow. [n In dubio. hrec legis constructio qua.m

crastino .dnimarum, on the lUorrow of All verba ostendunt. In a. case of doubt, that
Soula. 1 BI. Comm. 342. is the construction of the law which the
words indicate. Branch. Prine.
In criminalibus. probattones debent
osse Inca clariores. In criminal cases, the In dubio, pars mitior est sequend&.
proofs ought to be clearer than light. 3 lost. In doubt, the milder course is to be followed.
210.
In dubio, sequendum quod tutius est.
In criminal1buB, Buffieit generalis ma­ In doubt. the safer course is to be adopted .
litia intentionis, cum facto paris graduB.
In criminal matters or cases, a general mal. IN DUPLO. In double. Damna in du..
Ice of intention is Bufficient, [if united] with plo, double damages. Fleta, lib. 4, c. 10,

an Ret of equal or corresponding degree. § 1.

Bac. Max. p. 65, reg. 15; Broom, Max. 323. IN EADEM CAUSA. In the .ame atate
or condition. Calvin.
In criminalibuB, voluntas reputabitur
pro facto . In criminal acts, the will will IN EMULATIONEM VICINI. In
be taken for the deed. S 1nst. 106. envy or hatred of 1\ neighbor. Where an ad
IN CUJUS REI TESTIMONIUM. In is done, or action brought, 801ely to hurt or
testimony whereof. The i.nitial words of the djstress another, it is said to be in emulatw.
concluding clause of ancient deeds in Latin. nem vicini. 1 Knmes. Eq. 56.
literally transhlted in the English forms. In eo quod plus sit, semper inest et
IN CUSTODIA LEGIS. In the custody minus. In the greater is always included
or keeping of the law . 2 Steph. Comm. 74- the les. also. Dig. 50, 17, lID.

IN DELICTO. In f.ult. See IN PARI IN EQUITY. In a cou rt of equity, as

DELICTO. etc. distingldsbed from R courL of law; in the
purview. consideration, or contemplation of
IN DIEM. For a day ; for the apace of
a day. Calvin.
equity; according to the doctrines of equity.

In disjunctivis sufficit ulteram partem IN ESSE. In being. Actually eXisti ng.

esse veram. In disjuuctives it is su mcient Distlnguisbed from in posse, which means
that either part be true. Where a condition " that which is not, but may be." A child
i8 in the disjunctive. it is sufficient if either before birth is in posse; after birth, in elSe.
part be performed. 'Ving. Max. 13, max.
IN EVIDENCE. Included in the evi·
9j 7 East. 272; Broom, Max. 592.
dence already adduced. The " facts in evi­
IN DOMINICO. In demesne. In do. dence" are such as have already been proved
minko IUO ut dBfeodo. In his deUlesne as of in the cause.
J
tee.
IN EXCAMBIO. In exchange. Form.
IN DORSO. On the back. 2 BI. Comm. al words in old deeds ot: exchange.
468; 2 Stepb. Comm. 164. In dorsa reco1'di,
on tbe back of the record. 5 Coke, 45. Hence IN EXITU. In Issue. D. mat.,-ia In K
exitu. of the matter in issue. 12 Mod. 372.
the English indorse, indorsement, etc.

In dubiis! benigniora prreferenda sunt. In expositione instrnmentorum, mala

In doubtful cases. the more favomble views grammatica, quod fieri poLest, vitanda
are to be preferred ; the more liberal interpre­ est. In the construction of instruments, l
lation is to be followed. Dig. 50, 17, 56; 2 bad grammar is to be avoided as much as
Kent, Comm. 557. possible. 6 Coke, 39; 2 Pa rs Cont. 26.
.

In dubils, magis dignum est RecIpi­ IN EXTENSO. In extension; at full

endum. Branch, Prine. In doubtful cases, length ; from iJegin ni ng to end. leaving out M
the more worthy is to be accepted. nothing.
 IN EXTHEMIS 602 IN GENERALI PASSAGIO

IN EXTREMIS. In extremity; In tbe with equity. 11 Coke, 51a .. Broom, Max

last extremity; in the last illness. 20 Joilns. 127, 130.
502; 2 HI. ()offi m. 375, 500. Agens in ex­
IN FIERI. In being made; in process
tremis. being in extremity. Bract. foI. 373b.
of formatIon or developmen t; hence, incom­
Declarations in extremis, dying declarations.
plete or inchoate. Legal proceedings are de­
15 .Tobns. 286; 1 Green1. E v . � 156.
scribed as in fieri until judgment is entered.
IN FACIE CURIlE. In tbe face of the
IN FINE. Lat. At the end. Used, in
court. Dyer, 28.
references, to indicate that. the passage cited
IN FACIE ECCLESIlE. In tbe face is at the end of a book, chapter, section. etc.
of the church. A term applied in the In w
IN FORMA PAUPERIS. In the char·
of England to marriages. which are required
acter or manner of a pauper. Describes p er­
to be solemnized i n a parish church or pub­
mission given to a poor person to sue with·
lic cbapel, unless by dispensation or license.
out liability for costs.
1 B1. Corn ll1. 439; 2 Steph . COUlm. 288, 289.
Applied. i n Bracton to the old mode of COD­ IN FORO. In a (or the) forum, court, 0'

lerring dower. Bract. fol. 92; 2 Bl. Comm. tribunal.

133 .
IN F O R 0 CONSCIENTIlE. In the
IN FACIENDO. In dolngj in feasance; tribunal of conscience; conscientiously: con­
in the performance of an act. 2 Story, Eq . sidered from a moral, rather than a legal,
Jur. § 1308. point of view.

I N F A C T . Actual, real; as distin­ IN FORO CONTENTIOSO. In tho

guished from implied or inferred. Result­ forum of contention or litigation.

ing from the acts of parties. instead of from IN FORO ECCLESIASTICO. In an

the act or intendment of law. ecclesiastical forum ; in the ecclesiastical

IN FACTO. In fact ; i n deed. Infacto

court. Fleta, lib. 2, c. 57, § 13.
dicit, in fact says. 1 S alk . 22, pI. 1. IN FORO SlECULARI. In a secular
forum or court. Fleta, lib. 2, c. 57, § 14; 1
In facto quod se habet ad bonum et
HI. Comm. 20.
malum, magis de bono quam de malo
lex intendit. In an act or deed which ad· IN FRAUDEM CREDITORUM. In
mits of being cons idered as both good and fraud of creditors; witb intent to defraud
bad. the law intends more from the good creditors. lnst. 1, 6, pr., 3.
tban from the bad i the Inw makes the more
IN FRAUDEM LEGIS. In fraud of
favorable construction. Co. Litt. 78b. the law. 3 Bl. Comm. 94.With the intent
In favorabilibuB magis attenditur quod or view of eva.ding the law. 1 Johns. 424,
prodest quam quod nocet. In things fa­ 432.
vored, wbat profits is more regarded than IN FULL. Relating to the whole or full
what prejudices. Bac. Max. p. 57, in reg. amount; as a receipt i n full. Complete; giv­
12. ing all details.
IN FAVOREM LIBERTATIS. In fa­ IN FULL LIFE. Contin ulng In both
'lor of liberLy. pbyslcal and civil existence; that is. neither

In favor of actually dead nor civiliter mortuus.

IN F A V 0 R E M VITlE.
life. IN FUTURO. In futurei at a future
In favorem vitEe, libertatis, at innocen­ time; the opposite of in pT(Esenti. 2 Bl.
tioo, omnia pl'resumuntur. In favor of life. Comm. 166, 175.
liberty. and i n nocence, e very pres umption is IN GENERALI PASSAGIO. In tbe
made. Lollt. 125. general passage; that is, on the journey to

IN FEODO. In fee. Bract. fol. 207; Pa lestine with the general company or bO!ly

Fleta. lib. 2, c. 64, § 15. Seisitu9 in feodo, of Crusaders . This term was of fl'equent oc­
currence in the old law of essoins. as a means
seised in fee. Fleta, lib. 3, c. 7. § 1.
of accounting for the absence oC the parly,
In fictione juris semper mquitas exis­ and was distinguished from �implex passagt·
tit. In the fiction of hnv there is al ways um, which meant that he was performiug a
?,quitYi a legal fiction is alw ay s consistellt pilgrimage to the IIo ly Land alone.
 IN GENER.ALlBUS, ETC. 603 IN JURE

In generalibus vel'satur error. E rror IN ·INITIALIBUS. In the prelimlna.

-dwells in general expressions. S Sum. 290; ries. A term in Scotch practice, applied to
1 Cush. 292. th e preliminary examination of a witness as
to the following pOints: ",Vhether be lmows
IN GENERE. In kind; in the 8�me the parties, or bears ill will to either of them.
genus or class ; the same in quantity and or bas received any reward or promise of re­
quality, but not individually the saUie. In ward for what he m lY
� say, or can lose or
the Uoman law, things which may be given gain by the cause, or has been told by any
or restored in genere are distinguished from person what to say. If th e witness answer
snch as mllsL be given or rel"tored in specie; these questions satisfactorily, he is then ex­
that is, identically. Mackeld. Hom. Law, am ined in causa, in the cause. Bell, Dict.
§ 161. "Evidence. "

IN GREMIO LEGIS. In the hosom of IN INITIO. In or at the beginni ng.

tbe law; in the protection of the law; in abey· In initio litis, at the beginning, or i n the
aDee. 1 Coke, I31a; T. Raym . 319. first stage of the suit . Bract. fol. 400.

IN GROSS. In a large quantity or sum j IN INTEGRUM. To the original or

without division or particulars; by whol&­ former state. Calvin.
sale. IN INVIDIAM. To excite a prej udice.
At large ; not annexed to or depe ndent up­
on another thing. Common in gross is such
IN INVITUM. Against an unw illing
as 18 neither app endant Dor appurtenant to party ; against one not assenting. A term
applied to proceedings agf�inst an adverse
land, but is annexed to a man's person. 2
party. to which he does not consent.
BI. Comm. 84.
IN IPSIS FAUCIBUS. In the very
IN H.AC PARTE. In this behalf; on
throat or entrance. In ipsis faucibus of a
this side.
port, actually entering a port. 1 C. Rob •

IN HlEC VERBA. In the.e words; in .Adm. 233, 234.

the same words.
IN ITINERE. In eyre; on a jOllrney or
In hreredes non solent transire action· circuit. In old English law, the j ustices in
as qure pcenales ex maleficio sunt. 2 lnst. itine1'e (or in eyre) were those who wade a

442. Penal actions arising from anything of circuit through the kingdom once in seven

a criminal nature do not pass to heirs. years for the purposes of trying causes. S
Bl. Comm. 58.
In his enim qUID sunt favorabilia ani­ In course .of transportation; on the way;
moo, quamvis aunt damnosa rebus, fiat not delivered to the venuee. I n this sense
aUquando extentio statuti. I n tllings that the phrase is equivalent to "iTI t1'ansitu . "
are favorable to the spirit, though injurious
I N JUDGMENT. In a court of justice;
to property. an extension of the statu te should
In a seat of j udgment. Lord IIale is called
sometimes be made. 10 Coke. 101.
"one of the greatest and best men who ever
In his qure de jure communi omnibus sat in judgment." 1 East, 306.
conceduntur, consuetudo alicujus patrire
vel loci non est allegenda. 11 Coke. 85.
In judiciis, minori retnti Buccurritur. J
In courts or judicial proceedings, infancy is
In those thing'S which by common right are
aided or favored. Jenk. Cent. 46, case 89.
conceded to all, the custom of a particular
oiistrict or place is not to be alleged. IN JUDICIO. I n Roman law. In the
course of an actual trial; b e rore n judge, K
IN HOC. I n this; i n respect to this. (jude:z:.) A. cause, during its preparatory
stages, conducted before the pn:etor, was
IN IISDEM TERMINIS. In the Bame
said to be in jure; in its second stage, after
terms. 9 Ea.t, 487.
it had been sent to a judex for trial, it was

IN INDIVIDUO. In the distinct, iden· said to be in judicio. L

tical. or individual form j in specie. Story, In judicio non creditur nisi j urat is.
Isailm. § 97. Oro. Car. 64. In a trial , cre..:ence is given
only to those who are sworn.
IN INFINITUM. Infinitely; indefinite­
Iy. Imports indefinite succession or conti n­ IN JURE. In law j according to law. M
uance . In the Roman practice. the prucedure in an
 IN JUHE ALTERIUS 604 IN NOMINE DEI, AMEN

,action was divided into two stages. The In maleficio, ratihabitio mandata oom­
first was said to be in ;"ure; it took place be­ paratur. Ina case of malfeasance. ratifica.
fore the pn.etOl', and included the formal and tion is equivalent tocommalld. Dig. 50, 17,
introductory part and the settlement ofques­ 152, 2.
tions of law. The second stage was com­
In maxima potentia minima licentia.
mitted to tbe judex. and comprised the in�
Inthe greatest power there is the least free­
vestigation and trial of the facts; this was dom. Hob. 159.
said to be in judicio.
IN MEDIAS RES. Into the beart ot
IN JURE ALTERIUS. In another'.
right. Hale, Anal. § 26. the subject, without preface or introduction.

In jure, non remota ca.usa Bed proxi­ IN MEDIO. Intermediate. A. term aJr
ma sp ectatur. Bae. Max. reg. 1. In law, plied. in Scotch practice, to a fund held be­
the proximate, and not the remote, cause is tween parties litigant.
regarded. In mercibus illicitis non sit commer�

IN JURE PROPRIO. In one's own oium. There should be no commerce in illicit

right. Hale, Anal. § 26. or prohibited goods. 8 Kent, Comm. 262,
note.
I N J U S VO CARE. To call, cite, or
summon to court. lnst. 4, 16 . 3 ; Calvin. IN MERCY. To be in mercy Is to be at
Inj718 vocancZo, summoning to court. S BI. the discretion of the king, lord, or judge in
Comm. 279. respect to the imposition of a fine or other
punishment.
IN KIND. In the same kind, class, or
gen us. A loan is returned "in kind" when IN MISERICORDIA. Tbe entry on
not the identical article. but one correspond­ the record where a party was in merc'y was.
ing anel equivalent to it, is give n to the "Ideo in misericordia, '" etc. Sometimes
lender. See IN GENERE. lImisericordia" means the being quit of all
amercements.
IN LAW. In the intendment. contem­
plation, or inference of the law i implied or IN MITIORI SENSU. In tbe mUder
inferred by law j existing in law or by force sense; in the less aggravated acceptation.
or law. See IN FAOT. In actions at' Blander, it was formerly the rula
that, if the words alleged would admit of two
IN LECTO MORTALI. O n the death­ cODstructions, they should be taken in the
bed. Fleta, lib. 5, c. 28, § 12. less injurious and defamatory sense, or tn
IN LIMINE. On or at tb"threshold; .t mitiori sensu.
the very begi nni ng; preliminarily.
IN MODUM ASSISlE. In tbe Illanner
IN LITEM. For a s uit; to the suit. or form of an assize. Bract. fol. 183b. In
Greenl. Ev. § 348. 1110dum juratre, in manner of a jury. Id.
fol. 181b.
IN LOCO. In place; In lieu; Instead;
in the place or stead. Townsh. Pl. 38. IN MORA.
In default; literally, in de·
lay .
the civil law, a borrower who omits
In
IN LOCO PARENTIS. In tbe place of
a parent; inslead of 8 parent; charged. facti­
or refuses to return the thing loaned at the
tiously, with a parent'e rights. dutiesg and proper time is said to be tn mora. Story,
responsibilities. Bailrn. §§ 254, 259.
In Scotch law. A creditor who has be·
In majore summa. continetur minor •.
gun without completing diligence necessary
5 Coke. 115. In the greater sum is contained for attaching the property of his debtor is
the less. said to be in m01·a. Bell.
IN MAJOREM CAUTELAM. For IN MORTUA MANU. Property owned
greater security. 1 Strange. 105. arg o by religious societies was said to be held in
IN MALAM PARTEM. In a bad sense, mortua mann, or in mortmain, since relig­
eo as to wear an evil appearance. ious men were civiliter mortu.t. 1 Bl. Comm.
479; Tayi. Gloss.
In moleftciis voluntas spectatur, non
exitus . In evil deeds regard musl. be had to IN NOMINE DEI, AMEN. In tb.
the intention. and not to the result. Dig. name of God. Amen. A. solemn Introduc­
48, 8, 14; Broom, Max. 324. tion. anciently used in wills and many othel
 III XOTIS 605 IN PAPEB

insLruments. T he translation 18 often used fi rm ly . Bract. foL 372; Fleta, 1 6, o. 14,

• 0 wills at the presell t day.

IN NOTIS. In tbe notes.

I § 28 •

In omni re nascitur res qum ipsam

rem exterminat. In everything there
In novo casu, novum remedium appo·
a ris es a th ing which destroys the thing itself.
Dandum est. 2 lost. S. A new remedy Is
Ev erythi ng contains the element of its own
&0 be applied to a new carie.
destruction. 2 Inst. 15.
IN NUBIBUS. In the clouds; in abey­
ance ; in custody of law, In nubibus. in IN OMNIBUS. In all tbings ; on all
maTI, tn terra, 'Del in cllstodia legis. in tbe points. f4 A case parallel in omnibus. " 10
alr. sea, or earth , or in the custody of the Mod. 104.

Jaw. 'l'ayl. Gloss. In case of abeyance. the
Inheritance is figurati vely said to rest in nu·
bibus, or in gremio legis.
IN N U L L I U S BONIS. Among tbe
g(lod3 or property o f no pers on ; belong ing to
DO person, .lS Lreaeure·trove and wreck
anciently considered.
IN NULLO EST ER RATUM.
nothing is there error. The nalue of the
common plea or joi nder in error, denying the
existence of error in the record or proceed.
In omnibus contractibus, siva nomi·
natis sive innominatis, permutatio eon­
tinetur. I n all contracts. whether nominate
or innominate, an exchange [of value, t. e.,
a consideration] is implied. Gra,:in, lib. 2,
wefe § 1 2 ; 2 B1. Comm . 444. note.
In omnibus obligationibus in quibuB
In dies non ponitur, prresenti die debetur.
In all obligations i n which a date is not put,
the debt is due o n the present day; the lia�
bility accrues immediately. Dig. 50, 17, 14.

Ings ; which is in the nature of a demurrer, In omnibus [fere] pcenalibuB judiciis,

and at once refers the matter of law ariSing et mtati et imprudentire succurritur. In
thereon to the jUdgment of the court... 2 nearly all penal j u d gmen ts , i m m aturity at
Tldd. Pro 1173; 7 Mete. (Mass.) 285. 287. age and imbecility of mind are favored. Dig.

In obscura voluntate manumittentis, 50. 17. 108; Broom . Max. 3 1 4.

tavendum est libertati. 'Vhere Llle ex­ In omnibus quidem, maxime tamen
pression of the will of one who seeks to ma.nu­ in jure, ooquitas spectanda sit. In all
mit 8 slave is ambiguous, l iberty is to be things. but especially in law, eq u ity is to be
lavored. Dig. 50. 17. 179. regarded. Dig. 50. 17. 90; Story . Bailm.
In obacuris, inspiei solere quod veri­ § 257.
Ij.miliu8 est , But quod plerumque fieri IN PACA'1'O SOLO. In a country wbich
lolet. In obscure cases, we usu al ly look at is at peace.
what i8 most probable, or w ha t most com·
mon ly bappens . Dig. 50. 17. 114. IN PACE DEI ET REGIS. In the
peace of God and the k i ng . Fleta. lib. 1. c-
In obseuris, quod minimum est sequi­
31, § 6, Formal words in old appeals ot
mur. 10 obsc ure or doubtful cases, we fol­ murder.
low that which is the least . Dig. 50. 17, 9 ; 2
Kent, Comm. 557. IN PAIS. Thi. phrase. as applied to a

IN ODIUM SPOLIATORIS. In batred

legal transacti o n . pri marily means that it
h as taken pJace without legal proceedings.
J
of a despOiler, robber, or wrong-doer. 1 Thus a widow was said t.o make a request in
Gall. 174; 2 S lory . 99 ; 1 Green!. Ev. § 348. pais for her do wer when she si m p ly applied
In odium apoliatoris omnia prresu­ to tbe heir without iss u in g a w rit. ( Co.
muntur. To th e prej ud i ce ( in co n dem na­ Litt. 32b. ) So conveyances are divided into
tion ) of n d es poil er all things are pres umed; those by matter of reco rd and those by mut-
every presumption is made aga i n s t a wI'ong' ter in paiS. In some cases, however, "mat..
doer. 1 Vern. 452. ters in pais" are opposed not only to " mat-
ters of record." but al so to .. matters in writ..
In omni actlone ubi dum eoncurrunt
ing, " i. e., deeds, as where estoppel by deed L
districtiones, videlicet, in rem et in per­
Is distinguished from esloppel by matter i'll
sonam, illa districtio tenenda est qum
pats. (Id. 352a.) Sweet.
magis timetur et magis ligat. In every
RCtiOD where two distresses concur, that is. IN PAPER. A term former l,. applied
ifl Ten1 and in personam. that is to be choseD to the proceed i ngs in a cause before the r6(> M
which is most dreaded, and wh i ch bi nds most ord was made up. 3 Bl. Corom. 406i 2 Bur-
 IN PARI CAUSA 606 IN P<ENALlBUS CAUSIS. ETC.

rows. 10gB. Proba.bly from the circumstance rected agai nst or with refe-renee to a speciU"
of the record being always on parchment. person, while an act or proceeding in rem
tI
The opposite of lion record. 1 Burrows, was one done or directed with reference to
322. n o speci fi c persoll, and consequently against
or with reference to all w hom it might con­
IN PARI CAUSA. In an equal CRuse.
cern. or "all t,be world." The phrases were
In a cause where the parties on each side have
especially applied to actions; an actio in per­
equal rights.
sonam being the remedy where a claim
In pari causa possessor potior haberi against a specific person arose out of an ob­
de bet. In an equal calise he who bas the ligation , whether ex cont1"actu or ex male-­
possession should be preferred. Dig. 50, 17, ficio, while an actio in rem \'r'as one brought
128. 1. for tbe assertion of a right of property. ease­
ment, status, etc .• against one who denied or
IN PARI DELICTO. In equal fault;
infringed it. See lust. 4, 6, Ii Gaills, 4. 1,
eq ually culpable or criminalj in a case of
1-10; 5 Say. Syst. 13. et eeq. ; Dig. 2, 14. 7.
eq nal fault or guilt,
8 ; Id. 4. 2. 9. 1.
In pari delicto potior est conditio From this llse of the terms, they have come
possidentis, [defendentis. ] In a case of to be appli ed to signify the antithesis of
equal or m utu al fault [between two parties] "available against a pHrticular person, " and
the condition of the party in possession [or uavailable agai nst the world at large. " Thus,
defenuing] is the better one. 2 Burrows. jw'a in personam are rights primarily avail­
926. Where each party is eq uaIly i n fault, able again5t specific persons; jU1'a in 1'em,
the law favors him who is actually in posses­ rights only available against the world at
sion. Broom, Max. 290, 729. Where the large.
fault is mutual, the law will leave the case So a j udgment or decree is said to be in rem
as i t finds it. Story. Ag. § 195. when it binds third persons. Such is the Ben�
tence of a court of admiralty on a question ot
IN PARI MATERIA. Upo n the same
prize, or a decree of n u llity or dissolution of
matter or subject. Statutes in pari materia
marriage. or a decree of a court i n a foreign
are to be construed together. 7 Conn. 456.
couutry as to the status of a person domiciled
IN PATIENDO. In Buffering . p ermit ­
there.
ting, or allowing. Lastly. the terms are sometimes used t.o
IN PECTORE JUDICIS. In the breast Signify that a judicial proceeding operatea
of the judge. Latch. 180. A phrase applied on a thing or a person . Thus, it is said ot

to a judgment. the court of chancery that it acts in perso­

nam, and not in rem, meaning that its d�
IN PEJOREM PARTEM. In the worst crees operate by compelling defendants to do
part ; on the worst side. Latch, 159, 160. what they are ordered to do. and not by pro-­
IN PERPETUAM REI MEMORIAM. ducing the effect directly. Sweet.
In perpetual memory of a matterj for pre­ In personam actio est, qua oum eo
serving a record of a matter. Applied to agimuB qui obUgatus est nobis ad fa.ci ..
depos itions taken in orlier to preserve the endum aliquid vel dandum. The action
testimony of the deponent. in person a m is that. by which we sue him
who i s under obligation to us to do something.
IN PERPETUUM REI TESTIMO­
NIUM. In perpetual testimony of a matter; or give something. Dig. 44, 7, 25; .Bract�

for the purpose of declari ng and settling a 101b.

thing forever. 1 Bl. Comm. 86. IN PIOS USUS. For piOUS usesj fOJ
A party . plaintiff or de­ religiOUS purposes. 2 BI. Comm. 505.
IN PERSON.
fendant. who Bues out a writ or other pro­ In full life. Yearb.
IN PLENA VITA.
cess, or appears to conduct his case in court P. 18 Hen. VI. 2.
himself. instead of throu g h a so licito r or
counsel, is said to act and appear in person. IN PLENO COMITATU. In fall
cou nty court. 3 Bl. Camm. 86.
IN PERSONAM, IN REM. In the Ro­
IN PLENO LUMINE. In public; In
man Jaw, from which they are taken, the ex­
common knowledge; in the light of day.
presaions "in rem" and " in persona:m" were
always opposed to one another. an act or pro-­ In prenalibuB cnusis benignius inter..
ceedi ng in personam being one done or di- pretandum est. In penal causes or cases,
 IN POSSE 607 IN REBUS, ETC.

tbe more favorable interpretation should be a bankrupt's estate. an estate in the probate
adopted. Dig. 50, 17, (197,) 155, 2; Plow d. court. a proposed public highway, etc. It 11
86b, 124; 2 Hale, P. C. 365. also sometimes used as a design�tion of a
proceeding where oue party makes an appU..
IN POSSE. In possibility ; not in act­
cation on his own behalf. but such proceed­
ual existence. See IN ESSE.
ings are more usually entitled "Ex pa1'te
IN POTESTATE PARENTIS. I n the --- .
power of a parent. lost. I, 8, pr.; Id. 1, 9;
In re communi neminem dominorum
2 HI. Camm. 49B.
jure facere quicquam, invito altero,
IN PRlEMISSORUM F I D E M . In posse. One co-prop rietor can exercise no
confirmation or attestation of the premises . authcrity over the common property agains�
A. notarial phrase. the will of the other. D ig. 10, 3, 28.

In prreparatoriis ad judicium favetur In re communi potior est conditio

a ctori. 2 lost. 57. In th i ngs preceding prohibentis. In a partnership the condi.
judgment the plaintiff is favored. tion of one who forbids is the more favora­
ble.
IN PRlESENTI. At the present time.
2 HI. Corom. 166. Us ed in opposition to in In re dubia, benigniO-rem interpreta.­
futuro. tionem sequi, non minus justius est
quam tutius. I n a doubtful matter. to
In prresentia majoris potestatis, minor
follow the more liberal interpre tat io n is not
potestas cessa.t. In the presence of the su­
less the justar than the safer course. Dig.
perior power. the inferior power ceases.
50, 17, 192, 1 .
Jenk. Cent·, 214. c. 53. The less authority
it! merged in the greater. Broom, Max. 111. In re dubia, magis inficiatio quam
affirmatio intelligenda. In a doubtful
IN PRENDER. L. Fr. In taking. A
matter, the denial or negative is to be under..
term applied to such incorporeal beredita­
stood, [or regarded.] rather than the affirm..
ments as a party entitled to them was to take
ative. Godb. 37.
(or himself; such as common. 2 Steph.
Comm . 23; 3 Bl. Comm. 15. In re lupanari, testes lupanares admit­
tentur. In a matter concerning a brothel.,
In pretia emptionis et venditionis,
prostitutes are admitted as witnesses. 6
Dsturaliter licet contrahentibuB se cir·
Barb. 320, 324.
cum venire. In the price of b uying and sell­
ing. it is natura lly allowed to the contract i ng In ra pari potiorem causam esse pro·

parties to overreach each other. 1 Story, hibentis constat. In a thing equally shared
Gont. 606. [by several] it is clear that the party retu&­
ing [to permit the use of it] bas the better
IN PRIMIS. In the first place. A
cause. Dig. 10, 3. 28. A maxim applied
phrase used in argument.
to partnerships, where one partner has a
IN PRINCIPIO. At the beginning. right to wi thhold his assent to the acts ot
his copartner. 3 Kent, Comm. 45.
IN PROMPTU. In readiness; at hand.
In re propria iniquum admodum est
In propria causa nemo judex.
can be jUdge i n his own eause.
No one
12 Coke, 13.
alieui lieentiam tribuera sententioo. It J
is extremely unjust that any one should be
IN PROPRIA PERSONA. In one's judge i n his own cause.
own proper person.
In rebus manifestis, errat qui author!..
In quo quis delinquit, in eo de jure est tates legum allegat ; quia perspicue vera K
puniendus. In whatever thing one offends, non sunt probanda. In clear cases, he
in that is he rightfully to be punished. Co. mistakes who cites legal authorities; for ob­
Litt. 233b; Wing. Max. 204, max. 58. The vious truths are not to be proved.. 5 Coke,
punishment sllall have relation to the nature 67a. Applied to cases too plain to reqUire
of the offense. the support of auth o rity ; " because, " says L
the report, "he who endeavors to prove
IN RE. In the affair; in the matter of.
them ouscures them . "
Tbis is the usual method of entitling a j Udi_
clal pro ceeding in which there ace not ndver- In rebus qure sunt favorabilia animoo,
18ry parties. but merely some 1'e8 conce rning quam vis sunt damnosa rebus, fiat ali� M
which judicial action is to be taken, such as quando extensio statuti. 10 Coke, 101.
 IN REM 60S IN STIPULATlONI llUS, ETC.

In things that are favorable to the spirit, In satisfactionibus non permittitur

though injurious to things, an extension of ampliuB fieri quam semel factum est. In
a s tatute should sometimes be maile. payments, more must not be received than
bas been rccei "ed once for all, 9 Coke, 53.
IN REM. A tecbnical term used to des­
ignate proceedings or actions in stituted IN SCRINIO JUDICIS. In the writ.
against the thing, in contradistinction to per­ ing-case of the judge; among the judge's pa�
.Bonal actions, which are said to be in pe1's()-o pel's. ,. That is a thing that rests in scrinio
nam: See IN PEnsoN AM. judici" and does not appear in the body of
It is true that, in a strict sense, a proceeding in tbe decree." Hardr. 51.
rem is one taken directly against property, and
has for its object tbcdispositionof property, with�
IN SEPARALI. In several; in several­
out reference to the title of individual claimants; ty. Fleta, lib. 2, c. 54, § 20.
but, in a larger and more general sense, the terUls
are applied to actioDs between parties, where tbe
IN SIMILI MATElUA. Dea ling with
direct object is to reach and dispose of property the same or a kindred subject�matter.
owned by them, or of some interest therein. Such
are cases commenced by attachment against the IN SIMPLICI PEREGRINATIONE.
property of debtors, or instituted to pa.rtition real In simple pilgrimage. Bract. fol. 338. A
estnte, foreclose a mortgage. or enforce a lien. So ph rase in the old law of essoins. See IN
far as they afl'ect property In this state, they are
GENERALI PASSAGIO.
substantially proceedings in rem in t.he broad�r
sense which we have mentioned. {IS U. S. 73-1. IN SOLIDO. In the civil law. For the
whole; as a whole. An obligation in solido
In rem actio est per quam rem nos­
is one where each of the several obligors is
tram qure ab alio possidetur petimus, et
Jiable for the whole; that is, it is joint and
semper adversus eum est qui rem possi­
several. Possession in solidmn is exclusive
de t. The action in rem is that by which we
aeek our property which is possessed by an­ possession.
'Vhen several persons obligate themselves
other, and is always against him who pos­
to the obligee by the terms "in solido, II or use
aesses the property. Dig. 44, 7, 25; Bract.
flny other expressions which clearly show
tol. 102.
that they intend that each one sball be seps­
IN RENDER. A tbing is said to lie in ra.tely bound to perform the whole of the ob­
render when it must be rendered or given ligation, it is called an Uobligation in solido"
by the tenant ; 8S rent, It is said to lie in o n the part of the obligors. Civil Code La.
prender when it consists in the right in the art. 2082.
lord or other person to take something.
IN S O L I D U M . For tbe whole. III

In republics maxima conservanda pZ'ures sint jidfilussores, quotquot e1'unt nil-­

Bunt jura belli. In a ;state the laws of war mera, singuli in solidum tenentuT, if there
are to be especially upbeld. 2 Inst. 58. be severC\l sureties, however numerous they
may be, they are individually bound for the
IN RERUM NATUltA. In tbe nature whole debt, lnst. 3, 21, 4. In parte stv�
ot things j in the realm of actnality; in exist­ in solidum, for a part or for the whole. Id.
ence. In a dilatory lJ1ea, an allegation tbat 4, I, 16. See Id. 4, 6, 20; Id. 4, 7, 2.
the plaintiff is not in rerum natura is equiv­
IN SOLO. In the Boil or ground, In
alent to averring that the person m i med is
solo alieno, in another's ground. In solo
fictitious. 3 BI. Comm. 301. In the civil
PTOP1'io, ill one's own ground. 2 Steph.
law the phrase is applied to things. lnst.
2, 20, 7. Comm. 20.
IN SPECIE. Specific; specifically. Thus,
In restitntionem, non in prenRm hreres
8uccedit. The heir succeeds to the restitu­
to decree performance in spede is to €lecree
tion, not to the penalty. An heir may be specific performance.
compelled to make restitution of a sum un­ 1n Itind; in the same or like form, A
lawfully appropriated by the ancestor, but is thing is said to exisL in specie when it re­
not ans werable criminally, as for a penalty. tains its existence as a distinct individual of
2 lnst. 198. a particular class.
IN STATU QUO. In the condition in
In restitutionibu8 benignissima inter­
which it was. See STATUS Quo.
pretatio facienda est. Co. Litt. 112. The
most benignant interpretation is to be made In stipulationibus cum qureritur quid
in resUtutions. actum sit verba contra stipulatorem tn-
 IN STIPULATIONIBUS. ETC. 60� IN WITNESS WHEREOF

ter pretan da Bunt. In the construction of looked to i 80 hani is tt to recede from the
agreements words are interp reted against the words by g u essing at the intention.
person using them. Thus. tbe constrnction
IN TESTIMONIUM. Lat. In wit­
of the sttpttlatio is against the stipulator,
ness; in evidence whereof.
and tile construction of the p1'o'ln.issio
agai nst the promis8or. Dig. 45, 1, 38, 1 8 ; IN TOTIDEM VER BIS. In so man,

Broom, Max. 599. words; in precisely the same words; word

for word.
In attpulattonibus, id tempus specte.·
tnr quo contrahimus . In stipulations, IN TOTO. In the whole; wholly; com­

the time wilen we contract is regarded . Dig. pletely; as tbeaward is void in toto.

SO. 17. 144. 1. In toto et pars continetur. In the whole

IN STIRPES. In the law of intestate the part also is contained. Dig. 50. 17. U3 .
8uccession. Ace-arding to the roots or stocks � In traditionib us soriptorum, non quod
by representatio n ; as distinguished from dictum est, sed quod gestum est, inspi­
successi on per capita. See PER STlHPES; citur. In the delivery of writings, not what
PElt CAPITA. Is said. but what is done. is looked to. 9

IN SU BSIDIUM. In aid. Coke . 137a.

In BUO quisque negotio hebetior est IN TRAJE C TU. III the passage over ;

quam in alieno. Every o ne is more dull on the voyage over. tiee Sir William Scott,

In b is own business than in anoth er's . 3 C. Rob. Adm . 141.

IN TRANSITU. In transi t ; on the \'Vay

IN TANTUM. In 80 much; so much;
or passage; while p ass i ng from olle person
10 far; so greatly. Reg. Ori g. 97. 106.
01' pl ace to au other. 2 Kent, Comm. 540-552.
IN TERMINIS TERMINANTIBUS. On tbe voyage. I C. Rob. Adm. 338.
In terms of determination; exactly in paint.
IN VAC U O . Without obj ect ; without
11 Coke, 4Db. In express or determinate
concomitants or coherence.
terms. 1 Leon. 93.
IN VADIO. In gag. or pledge. 2 Bl.
IN TERROREM . In terror or warn­
COlntn. 157.
ing; by way of threat. Applied to Iagacies
given l1pon co ndi tio n that tile rec ipient shall IN VENTRE SA MERE. L. Fr. In
not dislJute the validity or the d i sposition s of his mother's wombi spoken of an unborn
the wilt1 such a condition being us ually re­ child.
garded as a mers threat • .
In veram quantitatem fidej ussor tene­
IN TERROREM POPULI. Lat. 1'0 atur, nisi pro certa quantitate accessit.
the terror of the people. A technical p h rase Let the surety be holden for the true quan­
necessary in indictments for riots. 4 Car . tity . unless he agree for a cer tain quantity.

I!< P. 373. 17 Mass. 597.

In testamentis plenius testatoris in­ In verbis. non verba., Bed res et ratio,
tentionem 8cr utamur. In wills we more qurerenda. est. Jenk. Cent. 132. In the

especially seek out the inte nti o n of the testa­ cons�ruction of words. not the mere words,
but the tlJing and the mea n i ng. are t.o be in·
J
tor. 3 Buist. 103; Broo m . Max. 555.
qu ired after.
In testamentis plenius voluntates tes­
IN VINC ULIS. In chains; in actual
tantium interpretantur. Dig. 50, 17. 12.
custody. Gilb. Forum Rom. 97.
In wills the intention of testators is more es­
Applied also, figuratively, to the condition K
pecially regarded. "That is to say . " says
of a pel'son who is compelled to submit to
Mr. Droom, ( Max .• 56H.) " a will will receiv e
ter ms which opp ressi on and his necessities
a more liberal constrllction than its strict
impose on bim. 1 Story. Eq. JUl'. § 3U2.
meaning. if alone considered, would perm it. OJ
IN VIRIDI O B SERVANTIA. Pre.. l
In testamentis ratio tacita non debet
ent to the minds of men. and in full force
considerari. sed verba solum spectari
and. op eration.
debent; adeo per divinationem me ntis
a. verbis recedel'e durum e st. In wills an IN WITNESS WHEREOF. The Inl.
unexpressed meaning ought not to Le con­ tial words of the concluding clause in deeds: M
sidered, but tile words alone ought to be "In witness w hereof the said parties bave
A:hl.DIO'l'.LAw-39
 INADEQUA'£E PRICE 610 INCIDENT

hereunto set their hands." etc. A tranl5IB� Incendlum mre alieno non exult deb·
tiCD of the Latin phrase II in cuJus rel testi· itorem. Cod. 4. 2, 11. A fire does not
moniu1n." release a debtor from bis debt.

INADEQUATE PRICE. A term ap­ INCEPTION. Commencement ; open­

pli ed to indicate the want of a suffiCient con­ ing; initiation. The beginning of the ope nr
sideration for a thing sold, or Buch a price as tion of a contract or will.
would ordinarily be entirely incommensurate Incerta pro nu1lis habentur. Uncer.
with its intrinsic value. tain things are held for nothing. Dav. Ir.
K. B. 33.
INADMISSIBLE. That wbicb, under
the established rules of law . cannot be ad­ Incarta quantitas vitiat actum. 1 Rolie
mitted or received ; e. g., parol evidence to R. 465. An uncertain quantity vitiates the
contradict a written contract. act.

I N lE D I F I C A T I O . In tbe clvil law. INCEST. The crime of sexual inter·

Building on another's land with one's o w n
course or cohabitation between a man and
materials, or on one's own land with anoth­
woman who are related to each other within
the degrees wherein marriage is prohibited
er'8 materials.
by law.
INALIENAB LE. Not subject to al iena­
INCESTUOUS ADULTERY. Tbe el­
tion; the characteri�tic ot those things which
ements of this offense are that defendant, be­
cannot be bo ught or sold or transferred from
ing married to one person, has had sexual
one pers!'}n to another, such as ri vers and
inlercourse w ith another related to the de­
public highwaYB, and certain personal rights j
fendant within the prohibited degrees. 11
to g., liberty.
Ga. 53.
INAUGURATION. Tbe oct or install­ INCESTUOUS BASTARDY. incest­
ing or indncting into office with formal cere­ uous bastards are those who are produced by
monies. as the coronation of a sovereign. the the illegal connection of two persons who
inauguration of a president or governor, or are relations within the degrees prohibited
the consecration of a prelate. by law. Civil Code La. art. 183.

INBLAURA. In old record.. Profit or INCH. A measure of length. containing

product of ground. Cowell. one· twelfth part of a foot; originally 8UIr
posed equal to three barleycorns.
INBORH. In Saxon law. A security,
pledge, or hypotheca, consisting of the chat­ INCH OF CANDLE. A mode ot oale
at one tim e in use among merchants. A no­
tels of 8 person unable to obtain a personal
tice is first given upon the eXChange, or oth­
Uborg, " or Burety.
er public place, as to the lime of sale. Tbe
INBOUND COMMON. An uninclosed goods to be sold are divided into tots, prInted
oommon, marked out, bowever, by bounda­ papers of which. and the conditions of sale,
rI... are published. When the sale takes place, a
8mall p iec e of candle, about a.n inch long. is
INCAPACITY. Want of capacity ; want
kept burning. and the last bidder, when the
of power or ability to take or dispose j want
candle goes out, is entitled to the lot or par­
of legal ability to act.
cel for which he bids. 'Vharton .

INCASTELLARE. To make a buildIng INCHARTARE. To give, or grant, and

serve 88 a castle. Jacob. assure anything by a written instrument.

INCAUSTUM, or ENCAUSTUM_ Ink. INCHOATE. Imperfect ; unfinisbedj

Fleta, L 2, c. 27, § 5 • .
begun, but not completed j as a contract oot
executed by all tbe parties.
IneBute factum pro non facto habe­
tur. A thi n g done unwarily (or unadvised­
INCHOATE DOWER. A wife'. inter­
ly) wiII be taken as not done. Dig. 28, 4, 1. est io the lands of h er husband during hi.a
life, which may become a right of dower 0p"
INCENDIARY. A house.burnerj oue
on bt. death.
guilty of auon ; one who maliciously and
willfully sets another person's building on INCIDENT. This word, used as a DOUO,
Ire- denotes anything which inseparably belong.
 INCLDERE 6Il mCOMMUNICATION

to. or is connected with. or inherent in, an­ INCLOSE. To shut up. "To inclose a
other thing. called the " principal . " In th is jury." in Scotch practice, is to sbut them up
sense a cou rt-baron is incident to a manor. i n a room by tbemseI ves. Bell.
Also, less strictly, it donoLes a nythi ng which
INCLOSED LANDS. Lands which are
is usually connected with another, or COD­
actually inclosed and s urrou nd ed with
nected. for s ome pu rposes. th ou gh not inseR'"
fences. 7 Mees. & W. 44l.
arably Thus, the right of i.llienation is i nci­
dent to an el)tate in fee-simple, though sepa­ INCLOSURE. In English law. Inclos·
rable in equity. Ufe is the act of freeing land from rights ot
common, commonable rights. and generally
INCIDERE. Lat. In the civil and old all rights which obst r uct culti vation and the
English law. To fall into. Cal vin. pro�uctive employment of labor on the Boil.
To fall out; to happen ; to come to pass. Also, an artilicial fence aroun d one's es­
Calvi n. tate. 39 Vt. 34, 326; 36 Wis. 42. See CLOSE.
To fall upon or under; to becom e s ubj ect
Inclusio unius est exclusio alteriuB.
or liable to. lncidere in legem" to incur tile
The incl usion ot one is the exclusion of an­
penalty of a law. B rissonius.
other. Tbe certain designation of one per­
INCILE. Lat. In t he civil law. A SOtl is an absolute exclusion of all others. 11
trench. A place sunk by the side of a stream. Coke, 58b.
80 called becaus e it is cut (incidalur) into or INCLUSIVE. E m braced ; comprehend­
through tile stone or earth. Dig. 43, 21. 1, ed; comprehending tbe stated li mits or ex..
5. The term seems to h ave included ditches Lremes. Opposed to "exclusive.)I
Vos,,,,) and wells, (putei.)
INCOLA. Lat. In the civil law. An
INCIPITUR. Lat. It Is begu n ; it be­ inh abitant ; a dweller or resident. Properly,
gins. In old practice, when the pleadings one wbo has transferred his domicile to any
in an action at law, i nsttmd of being recited country.
at large on the issue-roll, were set out merely
Incolas domicilium fscit . Residence
�y their commencements, this was described
creates domicile. 1 Johns. Cas. 363, 366.
a entering the incipitur; I. e., t he begin­
ing. INCOME. The return in money from
one's business, labor, or capital invested ;
INCISED WOUND. In medical juris­ gains. profit, or private revenue.
prudence. .A. cu t or in cis ion on a human "Income" means that which comes in or is re­
body ; • wound made by a cutting Instru­ ceived from any business or investment of capital,
ment. such as a razor. B urrill, eire.. Ev. without reference to the outgoing expenditur6S j
while "profits" generally means the gain whioh ia
693; Wbart. & S. M ed. Jur. § 808. made upon any business or investment when both
receipts and payments are taken into account. "In­
INCIVILE. Irreg u lar ; improper; out ot
come, " when applied to the a,1fairs of individuals,
tbe due course of law. expresses the same idea that "revenue "doe. when
applied to the aftairs of a state or na.tion. " Hlll,
Incivile est, nisi tots lege perspeota, 20 ; 7 Hill, 504.
a.na aJiqua parttculs ej us proposita, ju­
INCOME TAX. A tax on the yearly
dicare, vel respondere. It i8 improper,
profits arising from property, profeSSions, J
without looking at the whole of a Jaw, to
trades, and oilices. 2 Steph. Corom. 573.
give j udgment or advice, upon a view of any
on e clause of it. Dig. 1, 3. 24. Incommodum non solvit argumentum.
An inconvenience doea not destroy an argu­
Incivile est, nisi tote. sententie. in­ ment. K
specta, de aliqua parte j udic are. It is
irregular. or legally improper, to pass an INCOMMUNICATION. In Spanish

opinion upon any part of a sentence, with­ law. The condition of a prisoner who is Dot

out e xami ning the w hole . Hob. 171a. permitled to see or to speak with a ny person
visiting him d uring his confinement. A per- L
INCIVISM. Unfriendliness to the state 80n accused cannot bes uhjected to this treat.­

or government of wh i ch olle is a citizen. ment unless it be expressly ordered by the

judge. for some grave offense. and it Cimnot
INCLAUSA. In old recordB. A bome be contillued for a lon ger period than is ab-
oIOSB or inclosure near the bouse. Paroch. B ol utely necessary. This precautio n Is re­ M
Antlq. 31 ; CowelL IOrted to for the purpose of prevenUna: the
 INCOMPATIBLE 612 INCREASE, COSTS OF

acclised from knowing beforehand the testi­
mony of the witnesses. or from attempting
to corrupt t.hem and concert such measures
as will efface the traces of his g u ilt . .As
soon, therdore. as the danger of h is doing so
11as ceased , the i nte rdicLio n ceases likewise.
Escriche.
INCOMPATIBLE. T wo or more rela­
ti ons , offices, fUllctions, or r ights which cau­
not natu rally. or may not legally, exist. in or
be exerciseu by the same person at the same
time, are Mill to be incompatible. Thus, the
rel<ltion� of lessor and lessee of tbe same land,
in one person at the same time, are incom­
the quality of perpetual existence and suc­
cess ion. unless limi ted by the act. of incorpo.
ration.
2. The method of maldng onedocumentot
any kind become a part of another sepamte
document by referr i n g to the former in the
latter. and de cla.ring that the fOl'mer shall bo
taken and co nsidered as a part of the latter
the same as if it were fully set out therein.
This is more f ul ly described as "incorpora.
If thll one docu ment ill
tion by rf'ference. "
copied at length in tbe otber , it is called
"actltai i ncorporation."
3. In the Civil law. The union of onl

patible. SO,of trustee and bene ficiary of the domain to another.

Bame property. INCORPOREAL. Without body; noto!

INCOMPETENCY. Lack of ability, materi al nature; the opposite at "corporeal."

legal qualification, or fitness to discharge the (q. �.)
req u ired duty. INCORPOREAL CHATTELS. A cl."
As sppliell to evidence. the word " incom­ of incorporeal rights growing o ut of or inci­
pf'tent " meaDS not proper to ue rece i ved ; in­ dent to things personal; sucb as patent-righta
admissible. a8 distinguished from that which and copy l'igh LS. 2 Steph. Comm. 72.
the co u rt should admit for the consitieration
of the ju ry, thou gh tb ey may nol find it wor­ INCORPOREAL HEREDITAMENT.
thy of credence. A nythi ng. the subject of property. wbich is
inheritable and not tangi bl e or visible. 2
In French law. Inabili t y o r i nsufficiency
1Voolid. Lect. 4. A rigllL issuing out of 1\
of a judge to try a cause brought before hi m ,
thi ng corporate ( w hether real or persQnal ) or
proceeding from lack of jurisdiction.
concerning or annexed to or exercisable with·
INCONCLUSIVE. That wbicb may be in the same. 2 Bl. Comm. 20; 1 Washb.
disproved or rebuttedj not s h utti ng out fur­ Ueal Prop. 10.
the-r proof or consideration. .A.ppli ed to evi­
dence and presumptions.
INCORPOREAL PROPERTY. In tbe
civil law. That which consists in lega l right
INCONSULTO. I n tbe civil law. Un· merely. The same as chases ill action at
advisedly ; unintentionally. Dig. 28, 4, 1. common law .

INCONTINENCE. Want of cbasti ty ; INCORRIGIBLE ROGUE. A opecies

indulg enc e i n unh�wful carnal COllnection. of rogue 01' oITender. described in th e statutes
5 Geo. 1 V. c. 83, and 1 &, 2 Vict. c. 38. 4
INCOPOLITUS. A proctor or vicar.
Steph. Cornm. 309.
In corporalia bello non adquiruntur.
INCREASE. (1) Tbe prod uc e of land;
Incorporeal things are not acq ui red by war.
(2) th e offspring of anima is.
, Maule &, S. 104.
INCREASE, AFFIDAVIT OF. Affi·
INCORPORAMUS. We incorporate.
davi t of payment of increased costs, pro·
lke o{the words by w hi ch a corp oration may
duced on taxation.
be created in Engl an d. 1 131. Comm . 473;
3 Stepb. Comm 173. INCREASE, COSTS OF. In En gllsb
law. It was formerly J\ praclice with the
INCORPORATE. 1. '1'0 create a corpo­
jnry to award to the successful party in an
ration ; to confel' a c orpo rate franchise upon
action the nominal sum of 40s. only for his
determinate persons .
costs; Rnd the court Clssessed by their own
2. To d ecl are that another document sllall
officer the actual nrnount of tl1e successful
be taken as part of t.he document. in which the
party's costs; and t.he amount so assessed,
declaration i s made as m uch as if iL we re set
over and above the nominal sum awarded by
OUL at length tllerein.
the jury, was thence called "costs of in­
INCORPORATION. 1. Th e act or pro­ crease. JJ Lush, Com. Law l'r. 775. Tilt
cess of form ing or creating a corporation ; the practice has now who lly ceased. HapaJ . &;
for mation ot a legal or political bo dy. with Law.
 INCREMEN'fUM 613 INDEFENSUS

INCREME N T UM. Increase or Im­ from having: the power to do everything.

provement, opposed to decnnnen tum or abate­ Dav. I r. K. B. 36_
ment. Nun­
INDEBITATUS. Lat. Indebted.
INCROACHMENT. An unlawful gain­ quam indebitatus, never indel.lted. The title
ing upon the right or possession of another. of tbe plea substituted in England for nil
See ENonOACIlMENT. debet.
INDEBITATUS ASSUMPSIT. Lat.
INCUL PAT E . To impute blame or
Being indebted, be p romised or undertook.
guilt; to accuse ; to involve in guilt or
This is the name of that form of the action of
crime.
assumpsit i n which the declaration alleges a

INCULPATORY. In the law of evi­ debt or obligation to be due from the defend·
dence. Going or tending to establish guilt; a n t. and then avers that, i n consideration
intended to establish guilt: criminative. thereof, he promised to pay or discharge the
Burrill, Cire. Ev. 251, 252. same.

INCUMBENT. .A. person who ts In INDEBITI SOLUTIO. Lat. I n the

present possessioll of an office; one who is civil and Scotch law. A payment of what is
legally authorized to discharge the duLies at. not due. 'Vhen made through ignorance or
an office. 11 Ohio, 50. by mistake, the amount paid might be r&-­

In ecclesiastical law, the term slgni ties 8 covered back uyan action termed "condictio
clergyman wbo is in possession of a bene­ indebiti." (Dig. 12. 6.) Bell.
flce. INDEBITUM. In the civil law. Not

INCUMBER. To Incumber land ts to due or OWing. (Dig. 12. 6.) Calvin.

make it subject to a charge or liability; e. g., INDEBTEDNESS. The state of being
by mortgaging it. Incumbrances i nc l ude in debt. without regard to the ability or ina.­
Dot only mortgages and other voluntary bility of the party to pay tbe same. See J.
Charges, but also liens. lites pendentes, reg­ Story. Eq. Jur. 343; 2 Hill . Aur. 42l.
istered judgments. and writs of execution. The word implies an absolute or complet'e liabil­
.te. Sweet. ity. A contingent liability, such as that of a sure­
ty before the principal bas rnA-de default, does not
INCUMBRANCE_ Any rlgllt to. or in­ constitute indebtedness. On the other ha.nd, the
terest int land which lnay subsist in third per­ money need not be immediately payable. Obliga.­

IODS. to the diminution of the value of the es· tions yet to become due constitute indebtedness,
as well as those already due. 9 Mo. 149.
tate of the tenant. but consistently with the
passing of the fe e. 8 Neb. 8 ; 2 Green!. Ev. INDECENCY. An act against good be­
§ 242. havior and a just delicacy. 2 Sergo & R. 91-
A claim, 11en, or liability attached to prop. Tllis is scarcely a technical term of the
erLy ; as a mortgage, a registered jUdgment, Jaw, and is nut susceptible of exact defi nition
ete. or description in its j uridic:al uses. The q ues­
tion whether or not a given act, publication.
INCUMBRANCER. The holder of an
etc., is indecent is [or the court and jury in
Jncu m brance , e. 1/., a mortgage, on the estate
the particular case.
of another.
INDECENT EXPOSURE. Exposure
J
INCUR. Men contract debts; they incur
to sight of the private parts of the body in 8
liabilities. In the ODe case, they act affirma·
lewd or indecent manner in a public place.
tively ; in the other, the 1iubility is incurred
It is an inllictuble offense at common law,
or cast upon them by act or operation of law. and by statute in many of the states.
"Incur" menns something beyond contracts,
-something not embraced in the word INDECIMABLE. In old English law.
" debts. " 15 How. Pr. 48j 5 Abb. Pro 162. That which is not titbeable, or liable to pay
tithe. 2 Inst. 490.

a
INCURRAMENTUM.
fine, penalty. or amercement.
The liability to
Cowell. INDEFEASIBLE. That which cannot L
be defeated. revoked. or made void. This
I NDE. Lat. Thence; thenceforth; term is U R lHtlly applied to an estate or rigbt
thereof ; thereupon ; for that cause. which cannot be defeated.

Inde datre leges ne fortior omnia pos ­ INDEFENSUS. In old English prac- M
set. La \VB are made to prevent Lhe stronger tice. Undefended; undenied by pleading.
 INDEFINITE F AlLURE OF ISSUE 614 INDE N T

A defendant who makes no defense or plea. tract of indemnity. So an indemnifying

Blount.
INDEFINITE FAILURE OF ISSUE.
A failure of issue not merely at the death of
the party whose issue are referred to. but at
any 8ubsequent period,. however remote.
St(>pb. Comm. 562. A failure of issue when­
ever it shall happen, sooner or later. with·
out any fixed, certain. or definite period
within which it must happen. 4 Kent, Comm.
274.
INDEFINITE NUMBER. An uncer­
tain or indeterminate number. A. n umber
which may be increased or diminished at
pleasure.
INDEFINITE PAYMENT. In Scotch
law. Pay ment without specification.
definite payment is where a debtor, owing
tlev6mi debts to ODe creditor, makes a pay­
ment to the creditor, without specifying to
which of the deLts he means the payment to
be applied . See Bell.
I n d e fi n I t u m ooquipollet universali.
The undefined is equivalent to Lhe wilole.
1 Vent. 368.
Indefinitum 8upplet locum universa·
lis. "rhe undefined or general supplies the
place of the whole. Branch. Prine.
bond is given to a sheriff who fears to pJ'Oo
ceed under an execution wbere the property
is claimed by a stranger.
The term is also used to denote a compen­
sation given to make the person whole from
1
a loss already susLainell; as where the gov­
ernment gi ves indemnity for private proper·
Ly taken by it for public use.
A. legislative act, assuring a general dis·
pensation from punishment or exemption
from prosecution to persons involved in of·
fenses. omissions or otHcial duty, or acts in
excess of authority, is called an indemnity;
strictly it is an act of indemnity.
I NDEMNITY CONTRACT. An
agreement between two parties. whereby the
In­ olle party. the indemnitor, eitber agrees to
indemnify and save barmles� the otber party,
the indemnitee, from loss or damage, or binds
himself to do some particular act or tbing.
or to protect the indemnitee against liability
to. or the claim of, a third party. 10 Amer.
& Eng. Ene. Law, 402.
INDEMPNIS. The old form of writing
lndemnis. Towllsh. Plo 19. So. indempni·
ftcatus for indemnijicatus.
INDENIZATION. Tbe act ot making
a denizen. or of naturaliZing.

INDEMNIFICA TUS. Lat. InJemni­

INDENT, fJ. In American law. A cer·
.oed.. See INDEMNIFY.
tificate or indented certificate issued by the
INDEMNIFY. To ••ve harmless: to government of the United States at the close
secure agai nst loss or damage; to give security of the Hevolution, for the principal or inter­
for the reimbursement of a person in case of est of the public debt. \Vebster.
an anticipated loss falling upon him.
INDENT, 'D. '£0 cut in a serrated or
Also to make good ; to compensate ; to make
waving line. In old conveyancing. if R deed
reimbursement to one of a loss a1ready in�
was made by more parties than one. it was
curred by him.
usu;�l to make as many copies of it 3B there
INDEMNIS. Lat. Without hurt, harm, were parties, and each was Cllt or indented
or do.mago i barmless. (eit.her in acute angles, like the L�eth of a
saw, or in R waving line) at the top or side,
INDEMNITEE. The person who, in to tally or correspond with the others, and
8 contract of indemnity. is to be indemnified the deed 80 made was called an "indenture."
or protected by the other. Anciently, both parts were written on the
same piece of parchment. with some word or
INDEMNITOR. The person who !o
letters written between them tb rough which
bound, by an indemnity contract, to indem­
the parchment was cut, but afterwards, tha
nify 'Jr protect the other.
word or lelLt>l'S being omitted, indenting came
INDEMNITY. An Indemnity i. a col­ into use. the idea of which was that the gen.
lateral contract or assurance, by which one uineneas of each part might be proved by its
p erson engages to secure another against an fitting into the angles cut in the other. But
anticipated loss. or to prevent him from be­ at length even this was discontinued. and at
ing damnified by the legal consequences of an present the term serves only to give name to
act or forbearance on the part of one at the the species of deed executed by two or more
parties or of some third person. See Civil parties, .s opposed to a deed.poll, (g. w.) �
Code Cal. § 2772. Thu.o, insurance !o a con- B1. Comm. 295.
 INDENT 615 INDICT

To bind by indentures ; to app ren tice; as 8 statute or instrument is the best gulde to
&0 In dent a young man to a shoe-maker. the intention. Broom, Max. 622.
Weboter.
INDIAN COUNTRY. This term doe.
INDENTURE. .A. deed to whIch two or not necessarily i m port ter ritory ownecl and
more persona are parties, and in which these occu p i ed by Ind ia ns , but it means all those
enter into reciprocal and correspo nding portions of the United States deSignated by
granls or obl igatio ns towards each other; this name in the legi slat ion of congress. 4
whereaA a deed-poll is properly one in which Sawy. 121.
only the party making it executes it, or binds
himself by it as a deed, thougb the grantors INDIAN TRIBE. A separa te and dl...

or gran tees therein may be several in num­ tinct community or body of the aboriginal
Indian race of men found in the United
ber. 8 Washb. Ueal Prop. 811. See IN­
States.
DENT, t:I.

INDENTURE OF APPRENTICE­ INDIANS. The aboriginal inhabitanlA

SHIP. A contract in two parts, by wh ich of North America.
a person, generally a minor, is bound to serve INDICARE. In the civ il I. w. To show
anolher in bis trade, art, or occupation for a
or discover. To fix or tell the price of a
atated time, on condition of bei ng instructed
thing . Calvin. To inform against j to ao­
In the same.
cuse.
INDEPENDENCE. The state or condi­
INDICATIF. An abolished writ by
tion of being free from dependence, subjec­
which 8 prosec utio n was In some cases r�
tion, 01' control. Political indep enden ce is
moved from a court-christian to the quea n 's
the attrjbute of a nation or state which is
bench. Enc. Lond.
entirely autonomous, and not subject to the
government, control, or dictation of any ex� INDICATION. In the law ot evidence.
terior power. A sign or token ; a fact pointing to some in­
fere nce 01' conclusion. Burrill, eirc. Ev.
INDEPENDENT CONTRACT. O ne 251, 252, 263, 275.
ln which the mutual acts or promises have
no relati o n to each other, either as eqUiva­ INDICATIVE EVIDENCE. This i.
lents or cons id erations. Civil Code La. art. not evidence propedy so called, but the mere
1769; 1 Bouv. In,t. no. 699. suggestion of evidence proper. which may
possibly be p rocured if the s uggestion is fol­
I N D E P E N D E N T COVENANTS.
lowed up. Brown.
Covenants in an instrument which are inde­
pende nt of each other, or where the pe rform ­ INDICAVIT. In Engl ish pract ice. .A.
ance of one, or the right to require i ts per� writ of prohibition that lies for a piltron of a

formance. or to obtain damages for its non­ church, whose clerk is sued i n the spi ri tual
performance, does not depend upon the per­ court by the clerk of another patron, for
formance of the otber. tithes amou nti ng to a fourth part of tlte value
of the living. 8 Bi. Comm. 91 ; 3 Steph.
Independenter se habet assecuratio 8.
Comm. 711. So termed fro m the e mphatic
viaggio navis. The voyage ins u red is an
I ndependen t or distinc t thing from the voyage
word of the Latin form. Reg. Orig. 35b, 36. J
of the ship. S Kent., Comm. 318. note. INDICIA. Signs; indications. Circum�

INDETERMINATE. That which is un­ stances which point to the existence of a given

certain, or not particularly desi gnated; as if fact as probable , but not certain. For ex�
ample. "indicia of partnershi p " are any cir­
I sell you one hundred bushels of wheat,
cumstances which would ind uce the belief that
w ithout stating what wheat. 1 Bouv. lost.
DO. 950.
a given person was in reality, though not os­
tensibly. a member of 8 gi ven firm.
INDEX. .A. book contai ning references,
alphabeti cally arranged. to the contents of a INDICIUM. In the civil law. .A. 81gD L
series or collection of volumes; or an addi� or mark. A species of proof . answering very
tion to 8 single volume or set of volumes con­ nearly to the circumstantial evidence of the
taining such references to its contents. common law. Best, Pre8 . p. 13, § 11, notej
Will •• Circ. Ev. 84.
Index animi sarmo. Language is the
exponent of the intention. The language of INDICT. See lNDIOTHENT.
 INDICTABLE
INDICTABLE. Proper or nec{'ssary
be prosec uted by process of in dictment.
INDICTED. Chargedin an indict ment
with a criminal offense-. See INDICTMENT.
INDICTEE. A persoll indicted.
INDICTIO. In old public law. A dec­
laration; a proclamation. Indictio belli, a
declaration or indiction of war. An ind ict­
ment.
INDICTION, CYCLE OF. A mode of
computing time by the space of fifteen years.
instiLuted 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. ·Whar­
wn.
INDICTMENT. An indictment Is an
accusation in writing found and presented
by a grand jury, legally convoked and sworn, A person indicted. Min. c. 1 . § 3 ; 9 Coke.
to the court in which it is impaneled . charging pref.
t hat a person therein named has done some
act, or been guilty of some omission, which,
by Ja w , is a public offense, punishable on in­
dictment. Code Iowa 1880. § 4295; Pen.
Code Cal. § 917; Code Ala. 1886. § 4364.
A preselltment differs from an indJctment in that tire. Tbus , a contrac t. covenant, considera­
It is a.n accusation made by a graud jury of their
own motion, either upon their own observation
Qnd knowleJge, or upon evidence befo,>o them;
wbile 3n indictment is preferred at the suit or the
government, aDd is usually framed in the first
stance by tbeprosecutillg officerof tbe government,
and by him laid before the grand jury. to be found
or ignored. An informa.tiou resembles in i ts form
and substance an indictment, but is filed at the
mere discretion of the proper law officer of thegov­
el·uWtml., wit.bout. the lutervention or approval of a
grand jury. 2 Story, Canst. §S 1784-, 1786.
In Scotch law. An indictment is the
form or process by which a criminal is broug ht
to trial at the instauce or the lord ad vocate.
Where a private party is a principal prosecu4
tor, be briugs his ch arge in what is termed
the "form of criminal let.ters. "
Indictment de felony est contra pacem
domini regis, coronam et dignitatem
Buam,in genere et non in individuo ; quia.
1n Anglia.non est interregnum. Jenk.
Ce nt . 205. Indictment for felony is agai n st
tbe peace of our lord the king. his crown and
dignity in general , and not against bis indi ­
vidual person ; bf'cause in E ngl and thf>l'e is
no Interregnum.
INDICTOR. lIe who causes another to
be indicted, The latter is someLimes called
the " indictee."
616 INDORSEE IN DUE COl:llSE
to INDIFFERENT. Impartialj unbi ased;
disi nterested.
INDIGENA. In old English law. A
subject borl ! : one born within the rea lm, or
naLu ralize d by act of parliament. Co. Litt.
Ba. The oppos ite of ·�alieni.qena." (q. 1'.)
INDIRECT EVIDENCE. Evidence
which does not tend directly to prove the
controverted fact. but to establish a state ot
facts, or the existence of other facts, from
which it will follow as a logi cal in ference .
Inferential evidence as to the truth of 8
disp uteu fact. not by testimo ny of any wit;..
ness to the fact , but by collat�ral circum­
stances ascertained by competent meaDS. 1
Stark ie, Ev. 15.
INDISTANTER. Forth with ; without
delay.
INDITEE. L. Fr. In old English law.
INDIVIDUUM. Lat. In the civil law.
That can not be divided. Calvin.
INDIVISIBLE. Not susceptible of di·
vision or apportionment; inseparable; en�
tion, etc may be di visible or indi vis ible ; i. e.,
.•
separable or entire.
INDIVISUM. That which two or more
in­
persons hold in common witholl t partit ion ;
undivided.
INDORSAT. In old Scotch law. In·
dorsed. 2 I)itc. Crim. Tr. 41.
INDORSE. To write a name on tbo back
of a paper or document. Bills of eXChange
Rnd prom issory notes are indorsed by a part.y's
writing his name on the back. 7 Pick . 117 ,
U indorse" is 0. technical term, having sufficient
legal certainty without worda of more particular
description. 7 Vt. 3l)1.
INDORSEE, The person to whom a bill
of exchange, promissory note, bill of lading.
etc., is assigned by indorsement, giving him
8 right to sue thereon.
INDORSEE IN DUE COURSE. An
indorsee in due course is one who. in goOd ,
faith, in the ordinary course of business, and
for value, before its apparent maturity or
presumptive dishotlor, and without know l­
edge of its actual dishonor, acq uires K negtr
tial.Jle instrument d uly i ndorsed to him, or
indorsed generally, or payable to the bearer .
eivii Code Cal. § 3123.
 INDORSEMENT 617 INDUSTRIAL, ETC., SUCIE TIES

INDORSEMENT. The act of a payee, INDUCIlE. In international law. A

drawee, accommouatio indorser. or holder
n truce; a suspension of hostilities; an agree­
of 1\ bill. note, check , or other negoti<lble i n ­ ment during war to abstain for a time from
strument, i n writing h i s name upon the buck warlike acts.
of the aame, with or without fll1'ther or q ual­ In old maritime law. A period af twen�
trying words. whereby the property i n the ty days aftel' Lhe safe arrival af a vessel un­
asIDe i� assigned and t.ransferred to anothet. der bottomry, to dispose of the cargo, and
That which is so written upon the bacl< of raise the money to pay the creditor, with in­
• negoUnble instrument. terest.
One who writes his name upon a negotia­ In old English practice. Delay or in­
ble instrument.. otherwise than as a milker or dulgence allowed a party to an action; fur�
acceptor. and deli \'ers it, with his name ther time Lo appear in a cause. Bract. foi.
thercon , to another persoD, is cal1ed an "in_ 352b; }I'leta. lib. 4, c. 5. § B.
dorser." and his act is called l'indorsement. "
In Scotch practice. Time allowed for
Civil Code Cal. � 3108; Civil Code Dak. the performance of au act. Time to appear
§ 1836. to a citation. Time to collel.!t evidence or
An indorsement in full is ODe in which
prepare a defense.
mention is made of t.he nameo! the indorsee.
Chit. Bills, 170. INDUCIlE LEGALES. In Scotch law.
A blank indorsement is one which does not The days between the cita tion of the defend­
mention the name of the inuorsee. and con- ant <ll1d the day of appearance; the days be­
8ists, generally. simply of the name of the tween the test day and day of return of the
indorser written on the back of the instru­ writ.
ment. 1 Dani el, �eg. Inst. § 693. INDUCTIO. In til. civil law. Ubllter­
A conditional indorsement is one by which
ation. by drawing tile pen or styZus over the
the indorser annex� some condition (other writing. Dig. 28. 4 ; Calvin.
than the failure of prior parties to pay ) to his
liability. The condition may be either pre­ INDUCTION. In ecclesiastical law.
c�dent or subsequent. 1 Daniel. Neg . Jnst. Induction is tne ceremony by which an in�
§ 697. cllmbt!nt who has been instituted to a uenefice
A. restrictto6 ind01'sement is one which is is vested with full possession of all the profits
80 worded as to restrict the further u'egotia­ belonging to the church. so that he becomes
bility of the instrument. seised of the temporalities of the church. and
.d qualified indorsement is one which re­ is then complete incumbent. It is performed
strains or limits or qualifies or enlarges the by virtue of a mandate of i nducLion directed
liability of the indorser. i n any manner differ­ by the bishop to the archdeacon, who either
ent from what the law generally imports as performs it in person, or directs his prpcept
his true liability, deducible from the nature to one or more other clergymen to do it.
of the instrument. Chit. Bills, (8th Ed.) Phillim, Ecc. Law, 477.
'
261; 7 Taunt. 160. INDULGENCE. In the Homan Catholic
In criminal law. An f'ntry made upon Church. A remission of Lhe punishment
the back of a writ or warrant. due to sins, granted uy the pope or church,

INDORSER. He who indorses ; i. e.,

and supposed to save the sinner from p urga­
tory. Its abuse led to the Ueformation in
J
being the payee or hoideL', writes his name
Germany. 'Vhal'ton. Foruearance, (g. v.)
on tbe back of a bill of exchange, etc.
INDULTO. In ecclesiastical law. .A
INDUCEMENT. In con tracts. Tbe
dispensation granted by the pope to do or ob-
beneDt or advantage which the pl'omisor is tain something con trary to the common law.
K
to recei v e from a contract is the inducement
In Spanish law. The condonation or r�
for making it.
mission of the p u nishment imposed on a
In criminal evidence. Motive ; that criminal for his offense. Tbis power is ex-
which leads or tempts to the comm ission of.
crime. B url'ilI, Cire. Ev. 283.
elusively vested in the king, l
INDUMENT. Endowment, (g. ".j
In ple ading. That portion of a declara­
tion or of any subsequent pleading in an ac­ INDUSTRIAL A N D PROVIDENT
tion .w bich is brought forward uy way of ex� SOCIETIES. Societies formed In Eng-
planatory introduction to the main anega­ 1\
, nd for carrying Oil any labor. trade, or M
tions. BJ:own. handicraft, whether wholesale or retail, in-
 INDUSTRIAL SCHOOLS
eludi ng the buyi ng and selli ng ot lan d and
also (but subject to certaiu restrictions ) the
business of banking.
INDUSTRIAL S C H O O L S . Schools
(established by voluntary cont ributi on ) in
which i nd ustr ial training is provided , Rod in
Which chil d ren are lodged, clothed, and fed.
as well as taught.
INDUSTRIAM, PER. Lat. A q ll al i fi ed
property i n animals ferw natura may be ac­
q ui red per ind'l.lst1'iam, i. e., by a man's re­
claimi ng and making them tame by art, ind us­
try, and education ; or by so confining them
within bis own immediate power that t hey
cannot escaplj and use their natural U berty.
2 Stepb. Corum . 5.
INEBRIATE. A person addicted to the
use of i ntoxicati ng liquors ; an habit ual
drunkard.
Any person who habitually, whether oontinu­
ously or periodically, indulges in the use of intoxi­
cating Uquors to such an extent as to stupefy his
mind, and to render him incompetent to transact
ordina.ry business with safety to his estate, shall
be deemed an inebriate, within the meaning of this
chapter: provided, the ha.bit of so indulging in
such use shall have been at the time of inquisition
of at least one year's standing. Code N. C. 1883,
INFALISTATUS. In old Engli'b law.
1 1671.
E xposed upon the sands, or sea-shore. A
INELIGIBILITY. D isq "alitlcation or species of pu ni shment mentioned in Heng.
le gal incapacity to be elected to an office. ham. Cowell.
Thu8, an alien or n aturalized citizen is ineli­ INFAMIA. Lat. Infamy; ig nomlny or
gi ble to be ejected president of the United d isgrace.
States.
INELIGIBLE. DIsquali �ed to beelect­
ed to a n office; also disqu a li fied to hold an
office if eje cted or appointed to it. 28 'Vis.
99.
Inesse potest donationiJ modus, con­
ditio sive causa ; ut modus est ; si con­
ditio ; quia causa. In a gift there may be
manner, condition, and cause; as [ut] in­
troduces a man n er ; if, [si,] a co ndition ; be­
cause, [quia,] a cause. Dyer, 138.
INEST DE JURE. Lnt. It is implied of
right; it Is Implied by law.
IN EVITABLE . Incapable of being
avoided; fortuitous; transcending the pow­
er of hu ma n care, foresight, or exertion to
avoid or prevent, an d therefore suspend ing
legal relations so far as to excuse from the
perform ance of contract obligations , or from
liability for consequent loss.
INEVITABLE ACCIDENT. In­ An
evitable accident is one produced by an irrea
aistible physical caUS6j an accident which
618 INF AMOUS CRIME
cannot be preven ted by human sklll or to�
sight. but results from natural causes, sacb
as lightning or storms. pe ril s of the sea io­ ,
undations or earthquakes, or sudden deatb
or illness. By irresistible force is meant au
interposit,ion of human agency, from its nat­
ure lind power absolutely uncontrollable. 11
La. A n n . 427. As used i n the civil law , tbil
term is nearly synonymous with " fortuito ul
event. "
Inevitable accident is where a vessel is pursuing
a lawful avocation in a lawful manner, using the
proper precautions against danger, and an acol­
dent occurs. The highest degree of oaution tba\
can bo used is not required. It Is enough that it. I.
reasoDable under the circumstances; such as 11
usual in similar cases, aDd has been found by long
experience to be sutllcient to answer the end in
view,-the safety of lite and property. 7 Wall.
t96.
Inevitable accident is only when the disaster
happens from natural causes, without negligence
or fault on eitber side, and when both pDorties have
endeavored, by every means In their power, with
due care and cDoution, and witb a proper display of
nautical skill, to prevent the occurrenOG of the ac­
oident. 12 Ct. Cl. 491.
INEWARDUS. .A.. guard; a watchman.
Domesuay.
By i1tfamta jurts Is meant infamy estabHshed
by law as the conscquence of crime ; injamfaJocti
is where the party is supposed to be guilty of such
crim�, but it has not boeD judicia.lly proved.. 11
lIass. 515, 541.
INFAMIS. Lat. In Roman I. IV. A pe...
sou whose right of reputation was diminished
(in volv ing the loss of some of the rights ot
citize nship ) either on accoun t of hi� infamous
avocation or because of con viction for crime.
Mackeld . Rom. Law, § 135.
INFAMOUS CRIME. A crIme WhIch
entails infamy upon one who has committed
it. See INFAMY.
The term �infamous "-'i. e., without fame or
gOOd report-was applied at common law to cer­
t.ain crimes, upon the conviction of which a persoD
became incompetent to testify as a witness, upon
the theory tha.t a person would not commit so hein·
ous a crime unless he was so depraved as to be un­
worthy ot credit. Tbese crimes are treason, fel·
ony, and the crtmcnJal.st. Abbott.
A. crime pu n ishable by im prisonmeni in
the state prison or pe n itenti ary. with Of
without hard labor. is an infamou! crime.
wit hin the provision of ihe fifth am endment
 INF AMOUS CRIME 619 INFERIOR

of the constit ution that "no person shan be denote the deBtru ction of the fatui 1D the
beld to Bnswer for a capital or otherwise in- I womb.
famous crime unless on a pres entm ent or in­
INFANTS' MARRIAGE A.CT. The
dictment of a grand jury." 117 U. S. 348.
statute 18 & 19 Viet. e. 43. :ly virtue of
6 Snp. Ct. Rep . 777.
this act every infan t. (if 8 male, of twenty, or,
"'Infa.mou s , " as used In the fifth amendment. to
the lTnited States constitution, in reference to
ifa female, of seventeen, years,-section 4 , )
orlmes, includes those only ot the class called up on or in contemplation of marriage, may,
"erlmenfuw/., n which bo t h involve the charge of with tbe san ction of the chancery division ot
falsebood, and may also inj uriously a:fIect tho pub­ the high court. make a valid settlemen t Of
lic administration of justico by introd ucing false­
con tract for a settlement of property. Whar­
bood and fraud. 15 N. B. R. B��5.
By the Revised Statutes of New York the term ton.
"lnfamous crime, n when used in any statute, is
INFANZON. In Span ish law. A per­
directed to be construed as incl uding every offense
punishable with death or by imprisonment in a. son of nobl e birth, who exercises within his
atate-prison, and no other. 2 Rev. St. (p. 702, S BI,) domain!! and inheri tance no other rights and
p. 691, S 82. privileges than those conceded to him. Es­
INFAMY. A qual i fication of a man's
criebe.
legal statu.s produced by his conviction of an INFEFT. In Scotch law. To give seisi n
infamous crime and the consequen t loss of or possession of lanus ; to invest or enfeoff.
bonor an d credit. whiCh, at common law. 1 Kames, Eq. 215.
rendered him incompetent as a w it n e ss, and
INFEFTMENT. In old Scotch Jaw.
by statute in some j u risdicti o ns entails other
Investiture or infeuc1atioD. i nclu din g both
disabilities.
charter and seisin. 1 Forb. lnst. pt. 2, p.
INFANCY. Mi nori ty ; the state of a 110.
person who is un de r the age of legal majority. In later law. Saisine, or the instrument
-at common law, twenty-one years. Ac­ of posseSSIOn. Bell.
cording to the sense in which th is term is
used, it may de note the condition of th e per- INFENSARE CURIAM. An expres­
80D merely with reference to his years, or sion applied to a co urt when it Bug-gesLed to
the contractual disabilities which non-age ell­ an advocate something which he had omitted
tails, or his status with regard to other p ow­ thro ugh mistake or ignorance. Spelman.
ers or relations.
INFEOFFMENT. The act or instru­
INFANGENTHEF. In old English
law. ment of feoffment . In Scotland it is synony­
A privil ege of lords of certain manors to judge mous with "saisine," meaning the instru­
any thief taken within the ir fee. ment of possession. Formerly it was synon­
ymous with II i nv estitu re . " Bell.
INFANS. In the civil la w. A c hild un-
der the age of seven years; so called " quasi INFERENCE. In the law of evidence.
impasfandi, " (as not having the faculty of A truth or propos it ion drawn from anot her
speech.) Cod. Th eodos. 8. 18, 8. which is supposed or admitted to be true. A
process of reasoning by which a fact or prop­
Infans non multum a furioso distat.
osition s o ug h t to be established is deduced as
An infant does not differ mucb frOUl a luna­
a logical con seq nenc e from othe r facts, or a J
tic. Bract. I. 3, c. 2. § 8: Dig. 50, 17, 5, 40; state of facts, alrt!ady proved or adUlitted.
1 Story, Eq. Jur. §§ 223. 224, 242.
.An inference is a deduction which the rea-
INFANT. A person within age, not of son of the jury makes from the facta proved,
age, or not of fun age; a person under the
age of twenty-one years: a minor. Co. Litt.
without an express direction of law to that
effect. Code Civil Proe. Cal. § 1958.
K
171b; 1 BI. Comm. 463-466; 2 Kent, Comru.
INFERENTIAL. I n the law of evi­
233.
dence. Operating in the way of inference;
INFANTIA. In the civil law. The pe­ argumentative. Pres umptive evidence il
riod of infancy between birth and the age of sometimes termed " inferential." 4 Pa. St. L
seven years. Calvin. 272.

INFANTICIDE. The murder or k!lling INFERIOR. One who, In relation to BJlo

of an infant soon after its birth. The fact o ther, has less power and is below him ; one
of the birth distinguishes this act from "fceti­ who is bou nd to obey another. He who M
cide" or " proc u ring abortion, " which terms makes the law is the superior; he who ia
 INFERIOR COURT 620 INFORMATION, ETO.

bound to obey it, the inferior. 1 BOllv. Inst. INFIRM. Weak, feeble. Th. testlu,ony
no. 8. of an "Infirm" witness may be taken de
beue esse in some circulllstances. See 1 P.
INFERIOR COURT. ThIs term may
W ms . 117.
denote any court subordinate to the cllier ap­
pellate tribunal i n the particular jurlil.:ial sys­ INFIRMATIVE. In th.l.wot evld.n....
tern ; but it is commonly used as the designa­ Having the quality o[ diminislJing foreej
tion of a court of sp�('ial . limitcd. or statuto­ baving a tendency to weaken or render in.
ry ju risdicLion, whose record m ust show the firm. 3 Benth. Jud. Ev. 14; Best, Pres. § 217.
existence and atta ching of j u risdiction in any
given case, in ord�r to give presumptive va­ INFIRMATIVE OONSIDERATION.
li<lity to its judgment. See Cooley. Const. In the law of evidence. A consideratioD,
LIm. 50S. supposition, or hypothesis of which the crim·
'I' lle Engllfih courts of ju dicature are inative facts of a case admit, and whicb
classed generally under two heads,-the su­ tends to w('uken the inf�rence or presumption
perior courts nnd the i oferior courts; tho of guilt deuucible from them. Burrill. Circ .

former division comprising the courts at Ev. 153-155.

'Vestminster. the latter comprising all the
INFIRMATIVE FACT. In tbe law 01
other courts in general, many of which, how­
evidence. .A fact set up. proved, or even
ever. are far from being of i n ferior impor­
supposed. in oppos ition to the criminative
tance in the commo n acceptation of the word.
facts ot a case, the tendency of whiCh is to
Brown.
weaken the force of the in ference of guilt
INFEUDATION. The placing In pos­ deducible from them. 3 Be nth. Jud. EV.14i
se:ssion of a freehold estate: also the granting Best, Pres. § 217, et seq.
of tithes to laymen.
INFIRMATIVE HYPOTHESIS. A
INFICIARI. Lat. In the civil law. To term sometimes used in criminal evidence to
deny; to deny one's liability; to refuse to pay denote an hypothesis or theory of the case
a. debt or restore a pledge; to dellY the allega­ which aSljumes the defendant's innoc�nce, and
tion of a plaintiff; to deny the charge of an explains the criminative evidence i n a man·
accuser. Calvin. ner consistent with that assumption .

INFICIATIO. Lat. In the civil law. INFORMAL. Deficient in legal form j

Denial; the denial of a debt or liability; the inartificially drawn up.
denial of the claim or allegation of a party
plaintiff. Calvin. INFORMALITY. Want ot legal form.

INFIDEL. One who does not believe in INFORMATION. In practice. An

the existence of a God who will reward or accusation exll i bited against a. person for
punish in this world or that which is to come. some criminal offense. wiLhout au inllict.
'V illes, 550. One who professes no religion ment. 4 Bl. Comm. 308.
that c<,m bind his conscience to speak tile An accusation in the nature of an indict­
truth. 1 G reenl . Ev. § 36S. ment, from which it differs only in being pre­
sented by a competent pulJlir. onicer on hiil
INFID E L IS. In old English law. oath of ollice. instead of a grand jury on their
An infidel or beatheD. oath. 1 Bish. Crim. Proc. � 14l.
In feudal law. One who violat�d fealty. The word is alsofreqllent1y used in the Jaw
in its sense of cOllJmun icat(>ll knowledge, and
INFIDELITAS. In feudal law. Infi­ aflilla vits are frequently maue, and pleadings
:lelity; faithlessness to one's feudal oath. and other documents veri Oed, on " i nforma·
Spelman. tion and belief."

INFIDUCIARE. In old Eu ropeall law. In French law. The act or instrumpnt

1'0 pledge property . Spelman. which contains the depositions of witnesses
against the accused. Poth. Proc. Civil. § 2.
INFIHT. Sax. An assau lt made on a a..t. 5.
person inhabitiug the same dwelling.
INFORMATION IN THE NATURE
Infinitum In jure reprobatur . That OF A QUO WARRANTO. A proceeding
which is endless is reprob<lted in law. 12 ngai nst the usurper of a franchise or office.
Joke, 24. Applied to litigation. See Quo WAItRANTO.
 INFORMATION OF INTRUSION 621 INFHA SEX ANNOS

INFORMATION OF INTRUSION. INFRA BRACHIA. Within her arms.

A proceeding instituted by the state prosecut­ Used of a husband de jure, as well as d!
ing officer Ilgainst intruders upon the public facto. 2 lust. 317. Also inter brachia.
domain. See Gen. st. Mass. c. 141; 3 Pick. Bract. fo!. 148b. It was in this sense that 8
224; 6 Leigh, 588. woman coulJ only have an appeal for mur�
del' of b el' husband inter brachia sua.
INFORMATUS NON SUM. In prac·
tlce. I am not informed. A formal answer INFRA CIVITATEM. Within the state.
made by the defendant's attorney in court to 1 Camp. 2a, 24.
the effect that he has not bee� ad vised of any
I NFRA C OR P U S COMITATUS.
dl"f�nse to be maue to the action. Thereupon
Within the body (territorial lim as) of a coun­
Judgment by default passes.
ty. In English law, waters which are inj"1'a
INFORMER. A person who informs or corpus comitatus are exempt from the juris­
prefers an accusation agai nst another, whom diction of the admiralty.
be suspects of tlJe violation of sOllle penal
INFRA DIGNITATEM CURllE. Be­
8tatute.
neath the dignity of the court ; un worthy of
A common informer is a person who sues the consideration of the court. 'Vhere a bill
tor a penalty which is given to any person
in equity is brought upon a matter too tri­
who will sue for it. as opposed to a penalty
fling to deserve the attention of the court, It
which is only gi ven to a person specially ag­
is demurrable, as being infra dignitatem
grieved by the act complained of. 3 Bi.
curia.
Comm. 161.
INFRA FUROREM. During madness;
INFORTIATUM. The name given hy
wbile in a state of insanity. Bract, fol. 19b.
the glossatol's to the second of the three parts
or volumes into which the Pandecls were INFRA HOSPITIUM. Within the inn.
divided. The glossators at Bologna had at When a traveler1g baggage comes irifra hos­
first only two parts, the first called " Diges­ pitium, i. e., in the care and under the ellS-­

tum Vetus, n (the Old Digest,) and the last tody of the innkeeper, the latter's liability
called " Digestum Novum, II (the New Digest.) attaches,
When they afterwards received the middle INFRA JURISDICTION EM. Within
or second part. they separated from the Di­ the j urisdictioD. 2 Strange, 827.
gestmn Novum the begi nning it had then,
I NFRA LIGEANTIAM R E GIS.
and added it
. to the second part, from wuich
Within the king's ligeance. Comb. 212.
enlargement the latter received the name
" in/'o1'tiatwn. " Mackeld. H.om. Law, § 110. INFRA METAS. Within tbe bounds or
limits, Infra me'tas forestre, within the
INFORTUNIUM, HOMICIDE PER.
bounds of the forest. Fleta. lib. 2. c. 41.
Wllere a ruan doing a Inwfulnct, without in­
§ 12, Infra metas hospitii. within the lim­
tention of hurt, unfortunately kills another.
its of the household; within the verge. Id.
INFRA. Lat. Below; u nderneath; with­ lib. 2. c. 2, Ii 2.
In. This word occurring by itself in a book
INFRA PRlESIDIA. Within the pro­
refers the reauer to a s u usequent part of tlie
tection i with i n the defenses. In interna­
book, like "pos t." It is tue opposite of
tional law. when a prize, or other captured J
" ante" and " 811p1'a, " (go. v.)
properLy, is brought into a port of the cap­
INFRA lETATEM. l] naer age; not of tors. or within their lines, o r otherwise under
age. Applied to minors. their complete custody. so that the clJance ot.
resclie is lost, it i s said to ue infra prresidia.
INFRA ANNOS NUBILES. Under
K
marriageable years j not yet of marriageable INFRA QUATUOR MARIA. Within

age. the fOllr seas; within the kingdom of Eng­

land; within the jUl:isdiction.
INFRA ANNUM. Under or within a
year. Bract. tol. 7. I N F R A Q U A T U O R PARIETES. L
'Vithin four walls. 2 Crab b. Real Prop. p.
INFRA ANNUM LUCTUS. (Within 106, § 1089.
the year of mourning.) The phrase is llsed
INFRA REGNUM. Within the reaim .
in reference to the ma rriage of a widow
within a year after her !lUsband's death, INFRA SEX ANNOS. Withln iii:< M
wbich was prohibit.ed uy the civil law. years.
 INFRA TlUDUUM 622 INHEHETIUX

INFRA TRIDUUM. Within three with respect to the first case. But the En­
days. Formal words in old appeals. Fleta, glish law bas left the matter entirely to lb.
lib. I, c . 31, � 6 ; Id. c. 35, § 3. moral sense.

INFRACTION. A breach, violation, or I N G R E S S , E G R E S S , AND BE·

infringement; as of a law. a contract. a right GRESS. These words express the ri gh t of
or duty. a lessee to e nter , go upon, and return from the
In French law, this term is used as a gen­ lands inquesLioD.
eral designation of all p unishable actions . INGRESSU. In English law. An an·
cient writ of entry, by wbich the plaintiff or
INFRINGEMENT. A breaking into;
complainant sought an entry into his lauds.
a trespass or encroachment upon; a viola­
Abol i shed in 1833.
tion of a law. reg ul atio n , contract. or right.
Used especially of invasions of the rights se­ INGRESSUS. In old En gl ish law. In.
cured by patents, copy dghts, and trade­ gress; entry. The relief paid by an heir tG
marks. the lord was sometimes so called. Cowell.

INFUGARE. To put to flight. INGROSSATOR. An en gro s.er. In­

INFULA. A coif. or a cassock. Jacob . grossator magni rotuli, engrosser of the
great roll ; aft erwards called " clerk of tile
INFUSION. In medical jurisprudence. pipe�" Spelma n ; Cowell.
The process of steeping in liqu o r ; a n opera­
tion by which the medicinal qu ali ties of a INGROSSING. The act ot making a
substance may be extracted by a li quor with­ fair and perfect copy of any document from
out boiling. A lso the pro duct of this opera­ a rough draft of it. i n order that it may be

tion. .. Infusion" and " decocti oo, " though executed or put to its fina l purpose.

not identical, are ejusdem generu in law. 3 INHABITANT. One who resides actu­
Camp . 74. See DECOC'l'IQN.
ally and permanently in a given place, and
INGE. Meadow. or pas ture. Jacob. has his domici le there.
liThe words I inhabitant.,' ' cltizen,' and I resi.
INGENIUM. (1) Artifice, trick, fraud; dent1 ' u.s employed in different constitutions to de­
(2) an engine, machine, or device. Spe1man. fine the qualifications of electors, mean substan·
tisUy the same thing ; and one is sn inhabitant,
INGENUITAS. Llherty given to a serv­ resident, or citizen at the place where he has hie.

ant by manumission. domicile or home. If Cooley, Const. Lim. *600. But

the terms IIresident " a.nd "inhabita.nt " have also
INGENUITAS REGNI. In old En­ been held not synonymous, the latter implying ..

glish law. The freem en , yeomanry, or com­ more fixed and permanent abode tban the tormer,
and importing privileges and duties to which ..
mODalty of the kingdom. Cowell. Appli ed
mere resident would not be subject. 40 lll. 11)7.
sometimes also to the baroDs.
INHABITED HOUSE DUTY. A tax
INGENUUS. In Roman law. A per­ assessed in England on inhabited dwelling­
son who, i mmediately that he was born, was hOllses. accordin g to their annual value1
8 free person. He was opposed to libertinus, ( St . H it 15 Vict. c. 36; 32 & 33 Viet. c. 14,
or libertus, who, having been born a slave, § 11,) which Is payable by tbe occupier. tho
was afterwards manumitted or made free.
landlord bei n g deemed the occupier where
It is not the same as the .Engl ish law term the house is let to several person s, (St . 48
" gene1'osus, " which de noted a person not Geo. III. c. 55, Schedule B.) Hous",,: occu­
m erely free, but of good family. There
pied solely for business purposes are exempt
were no distinctions a mong ingenui; but f rom duty. although a care-taker may d well
among libel·tini there were ( prior to Justin­ therein. and hou ses partially occ upiE'd for
ian's abolition of the distinctions) three vari­
business purposes are to that extent exempt.
eties, na m ely : Those of the highest rank,
Sweet.
Romani;" those of the second
called " Gives
rank, called Latini Ju.niani ,. IJ and those
II
INHERENT POWER. AJl a utlJor lty
of the lowest rank, called " Dediticii. " possClssed without its being derived from an­
Brown. other. .A. right. ability, or faculty of doing
a tIling. wi thout receiving that right, ability,
INGRATITUDE. In Ro man law, in­
or faculty frow another.
gratitude was accounted a sufficient cause
for revoking a gift or reca lling the l iberty of INHERETRIX. The old term for " heir­
8 freedman. Such is also the law of France. eBB." Co. Litt. 13a.
 INHERIT 623 INITIATE

INHERIT. To take by Inberitance; 10 In the civil law. A problbltion wblcb

take as beir on the death of the ancestor. "To the law makes or a judge ordains to an indi­
IDherit to" a person is a common expression vidual. HaHifax::, Civil Law, p. 126.
In tbe books. 8 Coke. 41; 2 Bl. Comm. 254,
INHIBITION AGAINST A WIFE.
:asS.
In Scotch law. A writ in the sovereign's
INHERITABLE BLOOD. Blood wbiclr name, passing the signet, which prohibits all
blS the purity (freedom from attainder) and and sundry from having transactions with a
legitimacy necessary to gi ve its possessor the wife or giving her credit. Bell; Ersk. lust.
character of a lawful hairj that which is I, 6, 26.
capable of be-iug the medium for the tran8�
INHOC. In old records. A nook or cor­
mission of an inheritance.
ner of a common or fallow field, inclosed and
INHERITANCE. An estate in things cultivated. Kennett, Par. Antiq. 297, 298;
real. descending to the heir. 2 Bl. Comm. Cowell.
201.
INHONESTUS. In old Englisb law.
Such an estate in lands or tenements or
Unseemly; not in due order. Fleta, lib. I.
other things as may be inherited by the heir.
c. 81, § 8.
Termes de Ia Ley.
An estate or property which a man bas by Iniquiss ima pax est antepoIienda jU8�
deacent, as heir to another, or which he may tissimo bello. The most unjust peace is
transmit to another. as his heir. Litt. § 9. to be preferred to the justest war. 18 Wend.
A perpetuity in lauds or tenements to a 257, 305.
man and his heirs. Cowell ; Blount.
"Inheritance" is also used in the old books INIQUITY. In Scolcb practice. A lecb­

where "hereditament" is now commonly em­ nical expression applied to the decision of an
ployed. Thus, Coke divides inheritances in­ inferior judge who baa decided contrary to
to corporeal and incorporeal, into real, per­
law; he is said to have committed iniquity.
sonal, and mixed, and into entire and se v­ Bell.
eral. Iniquum est alios permittere, alios in­
In the civil law. The succession of the hibere meroaturam. It is inequitable to
heir to all the rights and property of the es­ permit some to trade and to prohibit others.
tate-Ieaver. It is either testamentary, where 8 Insl. 181.
the heir is created by will. or ab intestato,
wbere it arise8 merely by operation of law. Iniquum est Bliquem rei sui esse ju...

Heinee. § 484. dicem. It is wrong for a man to be a judge

INHERITANCE ACT. Tbe Englisb
ltatute of 8 & 4 Wm. IV. c. 106, by w bicb
lhe law of inheritance or descent bas been
considerably modified. 1 Steph. Comm. 359,
600.
INHIBITION. In ecclesiastical law.
A writ issuing from a superior ecclesiastical
court, forbidding an inferior judge to pro­
ceed further in a cause pendin g before him.
In this sense it is closely unalogous to the
writ of prohibition at common law.
Also the command of a bishop or ecclesias­
tical judge that a clergyman shall cease from
taking any duty.
In Scotch law. A species ot diligence
or process by which a debtor is prohibited
from contracting any debt which may become
a burden on his heritable property. in com­
petition with the creditor at whose instance
'be inhibition is taken out; and from grant­
ing any deed of alienation, etc., to the prej�
udice of the credit.or. Brande.
in his own causs. Branch, Prine. ; 12 Coke,
113.
Iniquum est ingenuis hominibu8 non
esse liberam rerum suarum alienationem.
It is u nj ust that freemen shou1d not have
the free disposal of their own property. Co..
Lilt. 223a; Hob. 87; 4 Kent, Comm. lSi.
J
INITIAL. That wblch begIns or stand.
at the beginning. The first letter of a man'.
name.
INITIALIA TESTIMONII. In Scolcb K
law. Preliminaries of testimony. The pre­
liminary examination of a witness, before
examining him i n chief, answering to the
noir dire of the English la w, though taking
a somewhat wider range. "Wharton. L
I N I T IA T E . Commenced; inchoate.
Ourtesy initiate iB
the interest which a hI1&­
band has in the wife's lands after a child is
born who may inher it, but before the wife M
<Ii....
 INITIA.TIVE 62� INLAND BILL OF EXCHA.NGE

INITIA.TIVE. In French law. The Injuria. non prresumitur. Injuryl! no'

name given to the important prerogative COD­ presumed. Co. Litt. 232. Cruel, oppres5i v�
ferred by the charte constitu,ti01Jl1elle, 'I rt l cl e or tortuous conduct will not be presum ed.
16. on the lat. king to propose through his Best. Ev. p. 336. § 298.
m in iste rs projects of la WS. 1 '.roullier, no. 39.
Injur ia propria non cadet in beneft.
INJUNCTION. A prohibitive writ is­ cium facientis . One's own wrong shall
sued by a court of equity, at tb� suit of a not f<lll to the advan tage of h i m that does it.
party complainant, directed to a party de­ A man will not be alIowp,d to derive bene!it
fe n d ant in the action, or to a party made a from his own wrong f ul act. Branch, Prine.
derendant for that purpose, forbidding the
Injuria servi dominum per tin git. The
latter to do some act, o r to perm it, his st.'l'vants
mas ter is liaule for injury done by his ser v­
or agents to do some a.ct, which he is th reat­
ant. Lofft. 229.
ening or attem p ti ng to co mm it, or restrain­
ing h i m in the cOlltinuance thereuf, such act INJURIOUS WORDS. In Louisiana.
being unjust and ine quitable, inj u rious to Slander. or libelous words. Civil Code La.
the plaintiff. and not such as call be ade­ art. 3501.
quately redl'essed by an action at law. INJURY. Any wrong or d amage done
An inj u n cti on is a writ or artier req u i r ing to another, either in his person. rights, repu­
a person to refrain from a particular act. It tat ion , or p roperty.
may be granted by the court i n wh ich the ac�
In the civil law. A delict committed in
tion is or by a j udge thereof, and
brought,
contempt or ontrage of any one, whereby biB
when made by a j udge it may be enforced as
body. his d ig n ity, or his reputaLion is rna.
an order of the court. Code Civii Proc. Ca l .
liciously inj ured. Voet, Com. ad Pando 47,
§ 525.
t. 10. no. 1.
Jlfmdntory injun.ctions comUland defendant to
do a particular thing. P·reve'ltti'lle. command him Injustum e3tt nisi tots. lege insp ecta,
to l'efmin Irom an act. de una. aUqua ejuB particula. proposita
An injunction is called "preliminary" or "pro­
judicare vel respondere. 8 Coke, 117b.
visional, " or an "injunction pendente Ute, " wheu
it is granted at the outset of a suit brought for the It is unjnst to decide or respond as to any
purpose at restra.ining tbe defenda.nt from doing particular p art of a law without \:!xnmining
tbe act threatened. untll the suit has been heard the whole of the law.
and the rights of the parties determin ed. It is
cuUed II flnal" or If pe rpetual " when granted upon INLAGARE. In old E ngli s h law. '1'0
a hearing and a.djudication of the rIghts in que8- resto re to protection of law. To restore a
tion, Bnd as a measure of permanent relief.
man from the condition of oUllawry. Op­
INJURIA.. Injury; wrong; the priva· posed to utlagare. Bract. li b. d, tr. 2, c. 14,
tion or violation of right. 3 BI. Comm. 2. § 1; Du Cange.

INJURIA. A.BSQUE DAMNO. Injury INLA.GATION. Restoration to the pro.

or wrong wi tho ut damage. A wrong done. tec tio n of la W . Restoration from a condition
but fJ'om whichno loss or damage results, of outia wry.
and which, therefore� will not sustain an INLAGH. A person within the law',
action.
protection ; con trary to utlagh, an ou tlaw.
Injuria. l1t e1 cui convicium dictum Cowell.
est, vel de eo fac tum carmen famosum.
INLAND. "\Vithin R coun try, state. or
An injury Is don e to him of wbom a reproach­
territory ; within the same country.
ful thing i� said, or concerning whom an in­ In old English law, inland was used for
tamous song is made. 9 Coke, 60. the demesne (g. �.) of a mauor; lhat part
Injuria illata. judici, sen locum tenent! whicil lay next or most convenient for the
regis, videtur ipsi reg1 illata maxime 8i lord's mansion-house, as within the view
fiat in exercentem officium. S l n st . 1. theroof. and which, therefore. he leept in hi:J
An inju ry offered to a j udge, or person rep­ OWD h a nd s for su pport of his family and (or
resenting the king, is considered as ofi"el'ed bospitaliLy; in distinction from outland or
to the king himself, especially if it be done u Ua ndt which was the por ti on let out to ten·
in tb e exercise of his office. ants. Oo\\'e11; Kennett; Spelman.

Injuria non excusa.t injuria.m. One INLAND BILL OF EXCHANGE. A

w rong does not ju stify anolher. Broom, bill of which both the drawer and draweere­
Max. �95. See 6 El . & BI. 47. side within t.he same state or cou n try. Otb.
 INLAND NAVIGATION 625 INNOMINATlI:

erwtse caned a "domestic bill . " and distln· INNAMIUM. A pledge.

plsbed trom a "foreign bil1."
INNAVIGABILITY. In In.urance la".
INLAND NAVIGATION. Withi n the The condition o( being innafJiga ble, (q. tI.)
mean ing of the JegislaUon of congress u pon The foreign writers d I sti ng u ish " i nnaviga.­

the j ect ,
B ub this phrase means n a vi gati on bility" from "shipwreck." Comm. 3 Ken t.
upon the ri'f'ers of the country. bu t not upon 323, and note. The term is also appl ied to
IIIe great lak... 24 How. 1; 6 Biss. 364. the condition of streams which are not large
enough or deep enougb , or are otherwise un·
INLAND TRADE. Trade wholly car­
8uited, for na vigati on.
ried on at bome; as distinguished from com­
merce, (whi ch see. ) INNAVIGABLE. A. applled to stream.,
not capable of or s uitable for navigation ; im�
INLANTAL, INLANTALE. De mes ne passab l e by 8hips or vessels.
or inland. opposed to delantal, or land ten­
..As appl i ed to vessels i n the Is w of marine
anted. Cowell.
insurance, it means unfit for navigation; 110
INLAUGHE. Sax. In old English Jaw. damaged by misadventures nt Sf"�1 as to be no
Under the In",. (sub lege.) i n a frank-pledge, longer capabl e of making a \, . goa. See S
If decennary. Brac t. fo1. 125b. Kent, Comm. 323, note.

INLAW. To place under the prot ection INNER BARRISTER. A .erjean t or

of the law. "S wearin g obedience to the king queen '8 counsel, in England , who is admitted.
in a lSElt, which doth irtlaw the subject."
to p lead within the bar.

�ICOD. INNER HOUSE. The name giv en to

the cham ber8 in which the first and second
INLEASED. In old English law. En­
di visions of the court of session in ticoti and
tangled, or en8usred. 2 lost. 247j Co well ;
Blount.
hold their si tt ings . See OUTER lIOus]!.

INLIGARE. In old European la.... To

INNINGS. In old records. Lands re­
confederate; to join in a league, (in ligam
covered trom the sea by draining and ba nk..
ing. Cowell.
colre.) Spelman.
INNKEEPER. One who keeps an inn
INMATE. A person who lodges or dwells
or house for tlle lodgi ng and entertain men
another, occu pyin g
In the> same house with
of travelers. The !\eeper of a common inn
different rooms, but using the same door for
for the lotlg i ll g ano entertailllnent of travel�
passin g in and out of the house . Webster ;
Jacob.
ers and passengers, their horses and attend..
ants, for a reasonable compensation. !::itory,
INN. An Inn is 8 house where a traveler Ba i l m . § 47.i. O ne who keeps a tavern or
.. furnished with e verythi ng which he has coffee-house in which lodging is provided.
occasion for while on his w ay. 8 Darn . & 2 Stepb. Cornm. 133.
Ald. 283. See 5 Sandt. 242; 35 Conn. 183. One who receives as guests all who choose to
Under the term II inn" the law includes all visit his bouse, without any previous agreemeut u
ta\·erns. hotels, Rnd bouses of public general to the time of thoir amy. or the terms. His lia.­
bility as innkeeper censes when his guest pays hi.
en ter tainm e n t for guests. Code Ga. 1882.
bill, and leaves the house with the declared inten·

J
§ 2114. tion of not ret.urning, notwithstauding the guest
The words "lnu, .. ·tavern, rt and Uhotel tI are used leaves his baggage behind him. 5 Sandf. 242.
synonymously to de.lgnate what 1& ordioarily and
popularly known ill' fln Uinn" or "tavern, tI or place INNOCENCE. The absence of guilt.
for the entertainment of travelers, and where aU The law presumes in favor of innocence.
their wants can be 8UppUed. A restnurant where
meals only are furnishcd is not an inn or tavern. INNOCENT CONVEYANCES. A
&! Barb. 811; 1 Hllt. 198. technical term of the English law of convey.. K
An Ion is distinguished from a private board­
ancing . used to deSignate such conveymlcee
Ing-house mainly in this: that the keeper ot the
latter Is at liberty to choose his guests, wbile tbe as may be m ad e by a leasehold tenant without
innkeeper is obliged to entertain and furnlsb all worki ng a fo rfeitu re. These Rre SaId to be
travelers of good conduct and means 01 pnymeut
L
lease and re·lense. ba rga i n and sale, and. In
with what tbey may bave occasion for, as such
case of a life-tenan t, a covenant to stand
travel�rs, wblle on their way. 38 CaL 557,
seised. Se e 1 Chit. PI'. 243.
The distinction between a boarding-bouse and an
inn 1s tbat In the former tbe guest is under no ex­
INNOMINATE. In the civil law. Not
press contract tor a certain time at a certain rate j
named or classed ; belonging to no speci fi c
in tbe latter tbe guest. is enleftained from day to
day upon an im plied contract. 2 E. D, Smitll, HS. class ; ranki ng under a genel·al head. A M
.oUl.DIOT.LAw-40
 INNOMINATE CONTRACTS 626 INOFFICIOUS TESTAMENT

term applied to those contracts for which no Middle Temple, Lincoln's Inn, and Gray'.
certain or precise remedy was appointed. but Inn. (The two former originally belonged
• general action on the case only. Dig. 2, I, to the Knights Templar; the two latter to
'. 7. 2 ; Id. 19, 4, 5. the earls of Lincoln and Gray respectively.)
These bodies now have a "common council ot
INNOMINATE CONTRACTS, literal. If'gal education," for giving lectures and hold­
ly, are the "unclassified" contracts of Ro­
ing e:<aminations. 'l'he inns of chancery,
man law. They are coutracts which are
distinguishable from tbe foregOing, but gen­
neither Te, ve1'bis, litel'is. nor conse-nsu.
erally classed with them under the general
simply. but some lllixLure of or variation
name, are the buildings known as "Clifford'.
upon two or more of such contracts. They
Inn , " I' Clement's Inn," "New Inn," 'ISt!._
are principally the contracts of pe1'1nutatio,
pIes' Inn, II and " Barnard's Inn." They were
de asttmato, preca"i'Um�. and transetctio.
formerly a sort of collegiate houses in whicb
Brown.
law students learned tbe elements of law be.
INNONIA. In old English law. A close fore being adm itted into the inns of court,
or inclosure, (clausum, inclausura.) Spel­ but they bave long ceased to occupy that po­
man. sition.

I N N O TE SCIMUS. Lat. We make INNUENDO. This Latin word (com.

known. A term formerly applied to.Ietters manly translated " meaning " ) was the tech­
patent, derived from the emphatiC word at nical beginning of that clause in a declaratioll
the conclusion of the Latin forms. It was or indictment for slander or libel in WIDell
a species of exemplification of charters of the application of the lang uage charged to
feoffment or other instruments not of record. the plaintiff was painted out. Rence it gave
S Coke. 54a. its name to the whole clau se; and this usage
is still retained, although an equivalent En­
INNOVATION. In Scotch law. The
glish word is now substituted. Thus, it may
exchange of one obligation for another, so as
be charged that the defendant said H he (mean.
to make the second obligation come in the
ing the said plaintiff) is a perjurer. "
place of the first. amI be the only subsisting
The word is also used,(though more rarely.)
obligation against the debtor. Bell. The
in other species of pleadings. to introduce an
Bame with " novation, " (g. '0.)
explanation of a preceding word, charge, or
INNOXIARE. In old English law. To averment.
purge one of a fault and make him innocent. It is said to mean no more than tbe words
"id est, " H scilicet," or ",meaning," or " afor�
INNS OF CHANCERY. So called be·
said, " as explanatory of a SUbject-matter
cause anciently inhabited by such clerks as
sufficiently expressed before j as "Buchs one,
chiefly studied the framing of writs. wbich
meaning the defendant," or "such a subject,
regularly belonged to the cursitors, who
meaning the subject in question. " Cowp.
were officers of the court of chancery. There
683. It is only explanatory of some matter
are nine of them.-Clement's, Clifford's, and
already expressed. It serves to point out
Lyon's Inn; F urnival's. Thavies, and 8y­
where there is precedent matter. but never
mond's Inn; New Inn; and Barnard's and
for a new charge. I t may apply what is
Staples' Inn. These were formerly prepara­
already exp1'essed, but cannot add to or eo­
tory colleges for stUdents, and many entered
large or cbange the sense of the previous
..hem before thp.y were admitted into the inns
words. 1 Chit. PI. 422.
of court. Thoy consist chiofly of solicitors,
and possess corporate property, ball, cham­ INOFFICIOSUM. In the civil law.
bers. etc. , bu t perfOI'Ul no public functions Inofficious; contrary to natural duty or affec­
like tbe inns of court. Wharton. tion. Used of a will of a parent which dis,
inherited a child without just cause, or that
INNS OF COURT. These are certain
of a child which disinherited a parent, and
private u nincorporated associations, ill the
whiclJ could be contested by querela inoJficl­
nature of coliegiate houses, located in Lon.
osi testamenti. Dig, 2, 5, S, 13; Paulus,
don, and invested with the exclusive privi.
lib. 4, tit. 5. § 1.
lege of calling men to the bar ; tbat is, can·
ferring the rank or degree of a barri ster. INOFFICIOUS TESTAMENT. A wUl
They were founded probably about the be· notin accordance with tbe testator's natural
ginning of the fourteenth century. The affection and moral duties. WilliaIIlfJ, Ex'ra,
pdncipal inns of court are tbe Inner Temple, (7th Ed.) 38.
 INOFICIOCIDAD
INOFICIOCIDAD. In Spanlsb law.
Everything done contrary to a duty or obli­
ptlon assumed, as w�ll as in opposition to
&he pI ety amI alTec Uoll dictated by lJature.
Eecricb••
INOPS CONSILII. Lat. Destitute of
counsel; without legal counsel. A term ap­
plied to the ads or condition of o n e acting
without legal ad vice, as 8 testator drafting
bll own will.
INORDINATUS. An Intestate.
INPENY and OUTPENY. In old En­
llab Jaw. A customary payment ot a penny
on entering into and going out of a tenancy,
(pro ezitu de tenUTa, et P1'O inyressu.) Spel­
man.
INQUEST. 1. A body of men appointed
by law to inquire into certain maLLeI'S. The
grand jury is sometimes called the "grand
Inquest. "
2. The judicial inquiry made by a jl1ry
lummonell for the purpose is called an Hin_
quest... TIle finding of such men, upon an
In\'estigation. is also callell an " inquest . "
S. The inquiry by a coroner, termed a
"coroner's inquest," into the manner of the
death of any one who has been slain, or has
dieu suddenly or in prison.
4. This name is also given to a species of
proceeding under the New York practice, al­
lowable where the defendant in a civil action
bas not filed an affidavit of merits nor verified
bie anSwer. In s uch case the issue may be
taken up, out of its regular order, on plain­
tiff's moLion, and tried without the admis!:iion
of any nffirmati ve defeuse.
An inquost is a trial of an issue or fact where
the plaintiff alone introduces testimony. Tbe de­
toudo.nt is eutitJcd to appear at the taking of the
Inquest, and to cross-examino the plaintiff's wi�
Desses ; and, if be do appear, the inquest must be
a
t.lken before a jury, unless jury be expres5ly
waived by him. G How. Pro lUi.
INQUEST OF OFFICE. In English
practicl'. An inquiry made by the king's (or
queen's) officer, his sheriff, corouel', or es�
cheator, vi'rtute officU. or by writ sent to them
for that purpose, or by comm issiot1E'1rs spe�
cially appOi nted, concerning a.ny matter that
entitles the king to the possession of lands or
tenements, goods or chattels ; as to inquire
whether the king's tenant for life died seised.
whereby the reversion accr ues to the king;
whetber A., who held immediately of the
crown, died without heir, in which case the
lands belong to the king by escheat : whether
B. be a�talnted of treason, wbereby hl.o estate
627 INQU ISITOR
is forfeited to the crown ; whether C., who
has purchasec1 land. be an alien, which is an�
other cause of forfeiture. etc. 3 Bl. Corum.
258. These inque$ts oj" office were more fre­
quent i n practice during the conti n uance at
the military tenures titan at present; and
were devised by law as an authentic means
to give the king his right by solemn matter
of record. Id. 258. 259; 4 Steph. Comm. 40,
41. Sometimes s imply termed 1I0ffice, " as in
the phrase " o(fice fOUIIlI," (g. '11.) See 1 Cranch,
603.
INQUILINUS. In Roman law. A ten­
ant; one who hires and occupies another'.
house; but particularly, a tenant ot a hi red
house in a cHy, as distinguished from col�
nus, the hirer of a house or estate in the coun·
try. Calvin.
INQUIRENDO. An autbority given to
some official person to institute an inquiry
concerning the crown's interests.
INQUIRY. The writ of inquiry i. a ju­
dicial process addressed to the sheriff of the
county in which the venue is laid, stating
the former proceedings in tbe action, and,
" because it is unknown what damages the
p1aintiff has sustai ned." commanding the
sheriff that, by tlle oath of twelve men of his
county, he diligently inquire into tb(' same,
and return the i nquisition into court. This
writ is necessary ufter an interlocutory judg­
ment, the defendant baving let judgment go
by default, to ascertain the quantum of dam.
ages. Wharton.
INQUISITIO. In old English law. All
inquisition or inquest. Inqu,isitto post mar
tem, an inquisition after death. An inquest
of office held. during the continuance of the
military tenures, upon the death or every one
of the king's tenants, to inquire of what landa
J
he died seised, wlio was his heir, and of what
age, in order to entitle the king to his mar·
riage. wardship, relief, primer seisin, or other
advantages, tlS the circumstances of the case
might turn out. 3 Bl. Comm. 258. In qtd,.
aitlo patl'ir:e, the inquisition of the countrYi K
the ordin ary jury, as distinguished from the
grand aasise. Bract. fol. 15b.
INQUISITION. In practice. An In­
quiry or inquesti particular1y, an in vestiga. L
tion of certain facts made uy a sl1eriir, to­
gether with a jury impaneled by him for the
purpose.
INQUISITOR. A designation of sheriffs, I
coroners super vUum corporis, and the like,
 IKROLL 628 INSINUATION

""ho have power to inquin� into certain mat­ INSENSIBLE. In pleading. Unl ntel·
teC!. lIglble; without sense or meaning. froUl the
omission of material words, etc. Steph. PI.
INROLL. A fo r m of "en roll , n used I n
377.
the old books. � Hop. Ch. 63. 73; 3 East. 4IO.
INSETENA. In old records. an in·
INROLLMENT. Se. ENROLLMENT.
ditch; an interior ditch ; one malie w ithin
INSANE. Unsoun d in mind; of unsound anotlier. for greate r security. Spelman.
mind ; deran ged. disordered, or diseaseu in
INSIDIATORES V I A R U M . Lat.
mind. Violently d eranged ; m ad .
IJigbwaymen; persons who lio in wait i n
INSANITY. .A. manifestation of d isease o rder to commit some felony o r olher mis·
of the brain, cbaracterize-ci by a general or demeanor.
partial derangement of one or more faculties
of the mind, and in which. while CODRCi ou s­ INSIGNIA. Ens ig ns or arms; distin ctive

ness is not aboli�hed. mental freedom is (Jer­

marks i badges i indicia; characteristh:s.
verted, weakened , or destroyed. Ham. Ner­ I N S I L I A R I U S. An evil counsellor.
vous System . 3�2. Cowell.
l'he prolonged departure, without any adequl\te
cause, from the states of feeling and modes ot I N S I L I U M. Evil advice or counsel.
thinking usual to the individual in health. Bou· Co\\"el1.
vier.
ThIs is not, striotly spea.king, a legal term, but I N SI MUL. Lst. Togeth.r; j ointly .
It is commonly used to denote that state of mind 'fownsh. PI. 44.
which prevents a pel'son from knowing rigbt. from
wrong, and, therefore, from being responsible tor INSIMUL COMFUTASSENT. They
aCLs which in a. sane person would be criminal. accounted toget her. The name of the count
Pope, Lun. 6, 19, :356. i n assumpsit upon an account stated ; it be­
By insanit.y is not meant a total deprivation ot
ing averred that the parties had settled their
reason, but only an inability, trom defect of per­
cept.ion, memory, aud judgment, to do the act in
accounts togethe r, and defendant eng aged to
question. So, by a. lucid intervoJ i8 not meant a pay plaintiff tbe balance.
perfoct rcstorat.ion to reason, but a restoration so
far as to be able, boyond doubt, to comprehend and
INSIMUL TENUIT. One species of
to do t.be act with such reason, memory. snd judg� the writ of f01'medou bro ug ht agai nst a.
ment as to make it a legal act.. 2 Del. Ch, 268, stranger by a coparcener on the possession of
Insanus est qui, abjecta ra.tionet omnia the ancestor, etc. Jacob.
cum impetu et furore facit. He is insane INSINUACION. In Spanish law. The
who, reason being thrown away, does every.. p rese ntati on of a public document to a com·
thing with violence and rage. 4 Co ke , 128. petent judge, i n order to obtain his approba­
INSCRIBERE. Lat. In the civil law. tion and sanction of the same, and thereby
To subscribe an accusaLion. To bind oue's gi ve it judicial authenticity. Escricbe.
self, in case of failure to prove an accusation, INSINUARE. Lat. In the civil law.
to suffer tbe same punishment which the ac· To put into; to d ep osit a writing in courl,
cused would have suffered had he b�en proved an� wering nearly to thl' modern exp;-ession
gui lty. Calvin. "to file." Sj non mandatum actili ins in­
INSCRIPTIO. L't. In the civil la w. A uatum est. if the power or a u thority ue not
wdtten accu sa tio n i n which tbe accuser un­ deposited among the records of the court.
der ta kes to suffer the p un ishme nt a ppro pri ate lnst. 4. 11. 3.
to the offense Charged, if tile accu sed is aule To declare or ackno wledge before a j udicial
to clear himself of the accusation. Calvin. ; oUicer; to give an act an oillcial form.
Coil. 9. 1. 10; Ill. 9. 2. 16. 17.
INSINU ATIO. Lat. In old English
INSCRIPTION. In evidence. Any­ In w. Information or suggestio n. Ex insiIL­
th i n g written or engraved upon a melallic or uatione. on the ' information. Reg. J ud..
ilLher solid substance, intended for grl!itt du· 25, 50.
tabiliLYi as upon a tombstolle. pillar. tablet.
INSINUATION. In the civil l.w. Ths
medal, ring, etc.
transcription of a n act on the p ubl ic registe rs .
INSCRIPTIONES. Th e name gi ven by Hke our recordi n g of deeds. It was not nec�
the old E nglis h law to any written instru­ essury in any other alienation but that ap�
ment by which any thing was granted. propriated to tile purpuse of donation. lnst.
Blount. 2. 7. 2.
 INSINUATION OF WILL 629 IN�T.A.LL�lEN,£S

INSINUATION OF A WILL. In the of public l'l'con l s and docllments; or of tI,e

dvil law. The first p roducti on of a w i ll, o r books and papers of his opp one n t in an ac­
the leal' iog it with the regi st rar, in order to tio n , for the purpose of better prepari ng his
lIB probate. Cowell; Blount. o w n case for trial .

INSOLVENCY. '£hecondition or a p or­ INSPECTION LAWS. Laws aut.boriz­

Bon who Is insolvent; inability to pay on�'s ing and d irecti ng the i nspecti on and exami­
debt<:, lack of m eans to pay one' s debts. nation of various kinds of m erchand i se inoond­
Such a rel ative condition of a man's assets ed for sale. eSllecially food , with a view to
and liabiJiti es that the former. if all made : scertaining its fitne ss for use, and ex cl ud ing
l
irnmedLlLely ava ilable. would not be su ffic ient unwholesoml' or unmarketable goods from
to discharge the latter . Or tile condition of sale. and d i r ecting the appoi ntme nt of of­
a person who is u na ble to pay his debts as IiciE.1 inspectors for that purpose. See Const.
they faU d n e. or in the usual course of trade U. S. art. 1. § 10. cl. 2; Story. Con .t. § 1017,
Ilnd business. See 2 Ke nt, Camm. 389 ; 4 at seq.
Hill. 652 ; 15 lj. Y. 141. 200; 3 Gray. 600 ; 2
Bell. Comm. 162. INSPECTION OF D O C U M E N T S.

As to l he disti nction between bankru ptcy This phrase refers to Lhe right of a party . in

and insolvency, see BANKRUPTOY. a civi l action, to inspect and make copies of
documents which are ess ential or material to
INSOLVENCY FUND. In English the maintenance of his cause, and which are
law. A fund. consisting of moneys and se­ eithe/ in the custouy of an officer of the law
curi ties, which. at the time of the passing of or in tbe possessi on of th e ad VE!rse party.
the bankruptcy act, 1861, stood . in the Bank
ot Eng l and. to the credit of the commission­ INSPECTION. TRIAL BY. A mode
ers of the insolvent debtors' court. and was, of trial formerly in use in E ng land. by "' h ich
by the twenty-sixth section of tlutt act, di­ the j udges of 8 court decided a paint in dis­
rected to be carrit'd by the ban k to Lhe account pute. upon the tesU mony of thl;!ir own se n ses,
of the acco untant in ban k ruptcy.
Provision without the intervention of a jury. This
bas now been made for its transfer to the took place in cases where the fact upon which
com m issi oners for the reduction of the na­ issue was taken must, from its nature. be evi­
tional debt. Hobs. Bani". 20. 56. dent to tbe court from ocula.r demonst ration ,
or other i l'l'efragab l e proof ; and was adopteJ
INSOLVENT. One who cannot 0(' does
for the gr oater ex peditio n of a cau se. 3 Bl.
not pay; olle w ho is u nable to pay h i s debts;
COIll Dl. 331-
one who is not solvent; one who has not
means or property sufficient to pay his d ebts. INSPECTORS. Ollieers wi l ose d uty it
A debtor is "insolvent, " within the meaning of is to examine the q uality of certain a rticl es
tile ban,
u'upt act., when he is unable to pay his of merchandise. food, weigh ts and measures.
debts and meet his engagements in the ordinary
etc.
course of business, as persons in trade usuully do.
::I Hcn. 15::1 ; ld. 520; 1 Abb. (U. S.) 440; 1 Dill. 186. INSPECTORSHIP. D E E D OF. In
A tl'adol' i9 insolvent when he is not in a condi­
tion to meet his ellgagements or pay his dobta in
En glish law. i n stru men t e ntered i n to
An
the usual and ol'dinar'Y course of busiuess. His between an insolvent debtor and hiS cl'edit­
solvency or insolvoncy docs not depend upon the ors, appoi nt i n g one Ol' more persons to in­
SiUlp.C question whethel' his assets at the date al­ spect and oversee the w i ndi ng lip of su ch in­ J
leged will or will not. sat.isfy all the demands
solvent's affairs on behalf of the creditors.
against him, uue and to become due. a3 Cal. 6:!5.
INSPEXIMUS. Lat. In old E nglish
INSOLVENT LAW. A ter m applied to
law. We have inspecLed . An eX6mplllica­
a Jaw. usually of on c of the states, regulati n g
tll e scttlerncnL of insolvent estates, and ac­ tion of lettel's paten t, 80 called from the em­ K
cordil1 g a cf:'l'taiu mCils ul'e of relief to insolv­
phat i c word of tbe old forms. 5 Coke, 53b,
eut delJLors.
INSTALLATION. The ceremony of in­
INSPECTATOR. A prosecutol'or adver­ d uct i ng or i n vestin g with any chnrge, office,
sary. or ran k . as the plaCing a bishop into his see, L
a d ean o r prebendary into his stall or seat,
INSPECTION. The examination or
or a k ni ght int o his order. Wharton.
testing of tood, Huida, or other articles made
s ubject by law Lo such examination, to ns­ INSTALLMENTS. Different podiullIl
!e rtai n tbeir fitness for use or comwc:l'CC. of the same debt paYfLLle at different 8ucce.... M
Also the examination by a pri vate pe rson sive periods as agreed . Brown.
 INSTANCE 680 INSTITUTES OF JUSTINIAN

INSTANCE. In pleading and prac­ INSTAURUM. In old English

tice. Solicitation. properly of an earnest or A stock or store of cattle, and other
urgent kind. An act is orten said to b� the whole stock upon a farm, incl udin g
done at a party' s " special instance and re­ tle. wagons, plows, and all other impleIDe"a
quest. " of husbandry. 1 Mon. Angl. 54Sb ;
In the civil and French law. A ge n­ Jib. 2, c. 72, § 7. Terra instaurata,
eral term, designating all sorts of actions and ready stocked.
judicia] demands. Di g. 44. 7, 58. INSTIGATION. Incitation; urging ; 800
In ecclesiastical law. Causes of in­ licitation. The act by which one incites aDo
,tance a re those proceeded in at the solicita­ other to do something, as to commit some
tion of some party. as opposed to causes of crime or to commence a suit.
office, whicli run in the lIame of the j u dge .
INSTIRPARE. To plant or est,bU.b.
Hallifax. Civil Law, p. 156.
In Scotch law. That which may be in­ INSTITOR. Lat. In tbe clvil l,w. A
.
sisted all at one diet or course of probation. clerk in a store; an agent •

Wharton.
INSTITORIA ACTIO. Lat. In the
INSTANCE COURT. In English law. civil law. The name of an action given to
That di vision or department of the court of those who had contra.cted with an i1istitfJ1
admiralt.y which exe rcis es all the o fc. i nary (g. '0.) to compel the pri ncipal to performance.
Admiralty j u risrJ iction. wilh the single ex­ Inst. 4, 7, 2; Dig. 14. 3 , 1 ; Slory. Ag. § 426.
cep tion of prize cases, tbe latter belongillg to
INSTITORIAL POWER. Tho charS"
the branch caned the " Priztl Court. n
given to a clerk to manage a shop or stort!.
The term is sometimes used in AmerIcan law
1 Bell, Corum. 506, 507.
tor purposes ot explanation, but has no proper ap­
plication to admiralty courts in the United States, INSTITU TE, 'D. To inaugurate or com.
where tho powers ot both instance and prize courts
m euce ; as to institute an action.
are conferred without any distinction. 3 Dall. 6;
1 Gall. 563; S Kent, Comm. 355, 378. To nominate. constitute, or appoi nt ; as to
i ns ti t ute all heir by testament. Dig. 28, 5,
INSTANCIA. In Sp anisb law. The in­ 65.
stitution and prosecution of a s uit frolll its
commencement until definitive j ud gme nt. INSTITUTE, n. In the civil law. A
The first instance, "primera instanoia," is the person named in the will as heir, but with a

prosecution of the suit before the jU'lge COIn­

direction that be shall pass over tbe estate to
another deSignated person, called the "substi­
peten t to take cognizance of it at its incep­
tute. "
tion; the second instance, 41 secunda ius tan­
cia, " is the exercise of the same action be­ In Scotch law. The person to whom an
fore the court of appellate ju risdiction; and estate is first given by destination o r limita­
the third instance. "tercera i11.sta1lCia," is tion ; the others, or the heirs of tailzie, are
II

the p rosecu tion or the same suit, eIther by a n called <ls ubstH-utes.
appli cation of revision before the appellate INSTITUTES. A nam e 80metlme. glv.
tribun al that has already decided the cause, e n to text-books containing the elementary
or before some higher tribunal, having juris­ principles of j urisprudence. arranged in an
diction of the same. Escriche. orderly and systematic manner. For ex·
a m ple. the Institutes of Justini an, of Gaius.
INSTANTER. Immediately; in stantly;
of Lord Coke.
forthwithi without delay. Tria.l instanter
was bad where a prisoner between attainder INSTITUTES OF GAlUS. An el..
and execution pleaded that he was not the mentary work of the noman jurist Gaiusj
same who was attainted. important as baving formed the foundation
When a patty is ordered to plead instanter, of the Institutes of Ju stinian, (q. '0.) Th ese
he must plead the same day. The term is Institutes were discovered uy Niel.mhr in
usually understood to mean within twen�y­ 1816, in a codex rescrip tu.s of the library of
four hours. tile cathedral chapter at Verona, and were
first publisbed at llerlin in 1820. Two edi­
INSTAll. Lat. Likeness ; the liken ess,
tions hav e since appeared. Mackeid. Rom.
Bize, or equivalent of a thing. /11,8tar den­
L�w, § 54.
tium, like teeth. 2 BI. Comm. 295. Instar
omnium, equivalent or tantamount to all. INSTITUTES OF JUSTINIAN. One
ld. 146; S BL Comm. 231. of the four componeDt parts or principal di-
 INSTITUTES OF LORD COKE 631 INSTRUMENT

visions of the Corpus JUris Civilis. being tions," if their operation is of vital impor­
an elementary treaLise on the Roman law. i n tance and vast scope, and if their continuance
four hooks. This work was compiled from is in a high degree independent of any inter­
earlJec sources. (resting principally on the 1n­ fering power. Lleb. Civil Lib. 300.
IUtutes of Gains.) by a commission composed In corporation law. An organization or
of Tribonian and two otlJers, by command foundation, for the exercise of some publio
and 11Dderdi l'ectiol1 of the emperor Justinian. pu rpose or function; as an asylum or a uni­
and was Brst publisbed November 21, A. D. versity. By the term " institution" in this
533. sense is to be understood an establ ishment or

INSTITUTES OF LORD COKE. The organizaLion which is permanent in its nat­

name of fOLIf volumes by Lord Coke. pub­ ure, as distinguished from aD enterprise or

lished A. D. 1628. The first is aD extensive underLaking wllicb is transient and tempo­

comm ent upon a treatise on t.enures, com­ rary. 29 Ohio St. 206; 2� I nd. 891.
piled by Littleton. a j u dge of the common In ecclesiastical law . .A. kind of invest­
pleas, temp. Edward IV. This comment is iture of the spiritual part of the benefice. as
a rich tiline of va.l uable common-law learn­ induction is of the temporal; for by institu­
ing, collected and heaped together from the tion the care of the souls of the parish :Is
ancient reports amI Ye<l.f Books. but greatly comm itLed to the charge of the clerk. Drown.
defective in method. It is usually cited by In the civil law. The designation by a
the name of " Co. Litt., " or as " 1 lnst." testator of a person to be his heir .
Th� second volume is a comment upon old In jurisprudence. TlJe plural form or
acts of parliament, without systeruatic order ; this word ( " insLitutionstl) is sometimes used
the third a more methodical treatise on the as the equivalent of " institutes, " to denote
pleas of the crown; and the fourth an account an elementary text-book of the law.
of the several species of courts. l'hese are
INSTITUTIONES. Works containing
cited as 2, 3. or 4 .. lnst.," without any au­
the elements of any sciencej institutions or
thor's name. \Vharton.
institutes. One of Justinian's principal law
INSTITUTIO HlEREDIS. Lat. In Ro­ collections, and a similar work of the Roman
man law. The appointment of the hreres in tile jurist Gaius, are 80 entitled. See INSTI�
will. It corresponds very nearly to the nom­ TUTES.
ination of I\n executor i nEnglisJl law. With­
INSTRUCT. To convey information sa
out such an appointment the \V ill was void
a client to an attorney, or as an aLtorney to
at law, but the prretor (i. e., equity) would.
a counsel; to authorize one to appear as ad­
under certain circumstances, carry out the
vocate ; to give a case in cha rge to tIle jury.
intenlions of the testator. Drown.
INSTRUCTION. In French criminal
INSTITUTION. Thecommeneement or law. The first process of a criminal prosecu­
Inauguration of anything. The first estab­ tio n . I t incluues t h e examination of the ao­
lishment of a law, rule. rite, etc. Any cus­ cused. tile prelimi nary interrogation of wit­
tom. system, organization, elc., firmly eslab­ nesses, collateral investigations, tue gather­
lishC'cl An elementary rule or principle. ing of evidence, the reduction of the whole to
In practice. The commencement of an order, anti the preparation of a document con­
action or prosecution ; as, A.. n. has iustitut­ taining a uetailed statement of the case, to J
ed a suit against C. D. to recover damages serve as a brief for the prosecuting omcen,
tor trespass. and to fUrnish material for the indictment.
In political law. A law, rite, or cere­
INSTRUCTIONS. In common law.
mony enjoined by authority as a permanent
Iule of conduct orof government. 'Vcbster.
Orders given by a principal to his agent i n K
relation to the business of his agency.
A system or body of usages, laws. or regu­
In practi ce . .A. detailed statement of the
lations. of extensive andrecurring operation,
facts and circumstances constituting a cause
con tainin g within itself an organism by which
of action made by a client to his attorney for
it effects its own independent action, contin­
the purpose of enabling the latter to draW' a L
uance, and generally its own fl1L'ther devel­
proper declaration or procure it to be done by
opment. Its object is to generate, effect,
a pleader.
regulate, or sanction a succession of act!:J,
transacLioDs, or productions of a peculiar INSTRUMENT. A written document:
kind or class. 'Va are likewise in the habit a formal or legl:lI document in writing, 8uch M
of calling eingJe laws or usages " institu- as a contract, deed, will, bond, or leaae.
 INSTRUMENT 632 INSURANCE COMPANY

In the law of evidence. Anyth i n g which pers on in tt'resled aga i nst i t s loss.
may be IJresentcd as evidence La the senses of snred had no real interest, the contract would
the adjudi cat..i ngo trilJu n al . Tbe t erm "instru. be a mf're wager pol icy.
men ts of evidence" includes not merely docu­ Ev e ry in terest in property, or any �
ments. but witnesses <\ml living things which lation thereto, or liability in respect Lhere­
may be p resented for insp ection . 1 W hart. of, of such a n at ure that a contemplated perU
Ev. � 615. might di rectly d amnify the insured, is an in.
s urabl e intel'est. Civil Colle Cal. � 2546.
INSTRUMENT OF APPEAL. The
document by w hi ch an appeal is brought in INSURANCE. A co ntract whereby, lor
an English matrimonial calise from the pre�d­ a stipulated consideration, one party under..
dent of the probate. divorce. and admiralty takes to compe nsate the oth er for 108s on I
division to the filII court. It is an alogo ll s to specified s ubj ect by sp ecifi ed p erils. Tile
8 petit i on . Browne, Div. 322. p arty agreei ng to make the compensation is
usually called the uinsurer" or " u nder.
INSTRUMENT OF EVIDENCE. In­ writer;" the other, the " i nsured" or "1\10
strll ments of evidence arB the media throu gh sured ; " the agreed consideration, the "premi.
which the evidence of facts, ei t her disp uted urn;" the w ritten contr:\ct, a "policYi" thf
or req u ir ed to be proved, is coilVcyed to the
eve nt s insured agai nst, " risks" or " perilsj"
mind of a j udicial tribunal; and they com­
and the subject, ri gh t. or interest to be pro
prise persons, as well as writings. Best, Ev. tected, the "insurable interest." 1 Phil. 1111.
§ 123. §§ 1- 5.
INSTRUMENT OF SAISINE . . An in­ Insurance is a contract whereby one Ull'
strument in Sco tland by which the delivery de rtakes to indemn ify another against loss.
of " saisi n e " (t. e., se isi n, or t il e feudal p()sses� dam ag e , or l iability a riSi n g from an unkno .....a
sian of land) is at test ed. It. is subscribed by or c o nt i n gtmt event. Civil Code Cal. § 252i;

a notary, in the presence of wit n ess es, and C i vi l Code Dal,. § 1474.
is executed in pu rs :J ance of a " precept of Various olasses or kinds of insurance aro in usa.
l1frn'�1le iosurance applies to vessels, cnrgoes, and
saisine," w hereby the " grantor of the deed"
property exposed to maritime risks, Fire insur­
desires " nny notary p u bl ic to whom these ance covers buildings, merchandise, and other
p resents may be presented " to gi ve saisine to properLy on land exposed to injury by fire, lAb
the intended gra nt ee or grantees . It must insurant;o moans the engagement to pay a. stipu­
lated sum upoa tbe death of the Insured, or of •
be entered and recorded in the registers of
third person iu whose life tbe insured has an in­
saisilles. Mozley & 'VII itley. terest, either wbenever it occurs, or in case it 00-
curs within a prescribed term. ..Accident and
INSTRUMENTA. Th at kind of evidence health insul'ance include insurances of persons
which cons ists of writings not under seal; as against injury from accident, or expense and lOl\l
court-rolls. Mco unts, and the like. � Co. of timo from discolse, Many other forms might
exist, !lnd sc\'era1 others bave been to a limited
Litt. 487.
extent introduced in recent times; such as insur­
INSUCKEN MULTURES. A q u an tity ance of valuables against theft, insurance of the
lives and good condition of domestic animals, in­
ot corn paid by those who are thirled to a mill.
surance of valuable plate-glass windows against
See TllIRLAGE. breakage, Abbott.

INSUFFICIENCY. In equity pl<:"d ing. INSURANCE AGENT. An agent em·

The l egalinad equ acy of an an s we r in equity ployetl by an insu rance company to solici",
which does not fully and spec ificnlly reply to
risks and effect insuranctls.
some one or more of the material aJlcg-ations,
Agents of tnsurance companies are called "gen_
charges, or interrogatories se t forth in Ute eral ugents " when clothed with the genoral over­
bill. sight of tho companies' busincss in a st.a.to or large­
section of country, and "local agenta" when their
INSULA. An island ; a house not con­ functions arc limited and confined to Borne partio­
nected with other hou ses, but separated by u18.r locality. '
a s urro undin g space of ground. Calvin.
INSURANCE B R O K E R . A broker
INSUPER. Moreover; over a n d
above. th roug h whose agency jnsurance.s are effect­
An old exchequer term , H ppl i ed to a cha rge ed. 3 Kent, Comm. 260. See BROKER.
made upon a person in his account. Blount.
INSURANCE COMPANY. A corpo­
INSURABLE INTEREST. S uch a real rat ion or association whose business is to
and substantial interest in speciAc property make contracts of i ns urance . They are
as w i U sustain a con tract to ind l� mn i fy tile e ith er mutual companies or IItock compaDles,

•
 INSURANCE POLICY 633 INTENTIO

INSURANCE POLICY. See POLICY. which would reason ab ly inflict a course of

g reat m ental angui S h upon an innocent party.
INSURE. To en gage to indemnify a per-
Civil Code Cal. § 106.
800 against pecu niary loss from specified
perils. To act as an insurer. INTEND. To des ign , resolve. purpose.

INSU.RED. The person who obtains in-

To apply a rule of law in th e nature of pre­
su m ption ; to discern and follow the proba­
8urance on his property , or upon whose life
bilities of lil\6 cases.
an insurance is effl;cted.

INSURER. TQe u nder writer or insur­ INTENDANT. One who has the charge,
ance company with whom a COlit ract of in­ management. or d i rection or some office, de­

au ra nce is made. partment. or publi c business.

The person wh o und ertake s to i ndemn i fy
INTENDED TO BE RECORDED.
another by a contract of i ns urance is called
This ph rase is frequently used in con veyances�
t.he er , " and the person indem n ified is
" insu r
when r ec iti ng some other conveyance which
called Lhe "i nsured . " Civil Code Cal. § 25;)H. has not yet been recorded, !Jut which formB
INSURGENT. One who partici pates i n a li nle in the chain of title.In Penn sy lva­
an insurrec tion; one who opposes the execu­ nia, it has been construed to be a COY6nant,
tion o( la.w by force of arms, or who rises in on the part of the grantor, to procure the
revolt against the constituted a u th ori ties. deed to be recorded in a reaso nable time. 2
A (listin CLion is OfLall taken between " jusul'gent" Ra wle, 14.
and " rebel, " in this : that the former term is not
INTENDENTE. In Spanish law. The
necessarily to be takon in a. bad sense, inasmuch
as un insul'rectio n, though extralegal , may be just immediate agent of the mi nister of tlnance,
and timely in itself; as where it is undertaken for or the chief and pr i ncipal director of the dif·
the overthrow of tyranny or the reform of gross ferent" branches of the revenue, a ppoin ted in
,buses. Accord ing to Webster, UD insurrection
the various departm ents in each of the prov­
Is 8n incipient or early stage of a rebellion.
inces into whi ch the Spanish mon archy is di­
INSURRECTION. A rebellion, or ris­ vided. Escriche.
ing of citizens or subjects in resblance to
INTENDMENT OF LAW. The true
their go\·ernment. See INSURGEKl'.
me an i ng . the ('orrect understanding or inten­
Insu rrection shall consist in any combined
tion of the law; a p resum ption or inferen ce
resistance to the lawful authority of the state,
with intent to the denial thereof, w h en the
made by the courts . Co. Litt. 78.
aame is man i fested. or intended to be mani­ INTENT. In cri minal la w and the la w
fested, by ads of violence. Code Ga. 1882. of evidence. Purpose; formulated design ; a
§ 4315. res olve to do or forbear a p ar ticul ar act ;
INTAKERS. In old English law. A a i m ; determin'Ltion. In its
literal sense, the
kind of thieves
inhabiting Uedesdale, on the stretching of the minJ. or will to wards a par­
extreme northern border of England; so ticular object.

ca lled !Jecause th ey took in or received such "Intent" expresses mental action at its
booties of cattle and other things liS th e i r ac­ mos t advanced paint, or as it act ually ac­

complices, who were called " outparters," companies an outward. corponll act w hich
has been determ in ed all.
brought in
land.
to t.hem
:Spel man; Cowell.
from Lhe borde rs of Scot­ Intent shows the
presence of will in the act which consum­
J
mates a crime. It is the exercise of intelli­
INTAKES. Temporary in clos u res made
gent will, the mind being fully aware of t,h e
by customary tenants of a. manor u nder a nature an d consequences of the act which i3
s pecial c us to m auth ori zing them Lo i n close
part of Lhe waste ulltil on e or more crops
about to be done, anu with su cl1 knowledge. K
Rnd with full libe rty of act i on, willing and
hav e been raised on it. Elton, Common. 277. electing todo it. Bu rrill, eirc. Ev. 284, and
INTEGER. 'Vhole; u n tou c hed. Res llutes.
inteJ1'a meuns a q ues tion which is new and
undecided . 2 Kent, Comm. 177.
IN'J:'ENTIO.
The formal co mp l aint
Lat.
or
In the civil law.
claim of a plaintiff
l
INTEMPERANCE. Habitual intem- before the prretor.
perance is that deg ree of i n te m peranc� from In old English law. A count or :fecIa­
the use of int ox ic atin g drinks which dis­ ration in a reaJ act ion, (nar1·atiu.) Bract.
qualifies the person a great portion of the lib, 4, tr. 2, c. 2 ; Fleta, lib. 4, c. 7 ; Du M
lime from p roperly attfm d i ng to b usi ness , or Ga nge .
 INTENTIO 634 INTER VIVOS

Intentio creea ma.la. A blind or obscure INTER BRACHIA. Between her arm.
m eaning Is bad or ine ffectual. 2 B uIst. 179. Fleta. lib. 1, c. a!). �§ 1. 2 .
Said of a testator's i ntenll on.
INTER ClETEROS. Among oth.,,;

In tentio inservire debet legibus, non in a gene-ral c l ause ; not by name, (nomina..
leges intentioni. The intenUon [ of a par­ tim,,) A term apl)l ied in the civil law to
ty] o ught to be su l>s erv ien t to f or i n accord­ cla.nses of d is inheritance in a will. Inst. Z.
ance w i th] the la ws . notthe
, laws to the inten­ 13. 1 ; Id. 2. 13. 3.
tion. Co. Litt. 314a. 314b. INTER CANEM E T LUPUM. (Lat.
Betwet'n the dog and the w olf .)
The twl­
Intentio mea imponit nomen operi
ligu t ; because then the dog seeks hi8 rest.
meo. Hob. 123. My intent gi ves a. name to
nod the wolf h is prey. 3 lost . 63.
my act.
I N T E R CONJUGES. Between h ...
INTENTION. Meaning; w ill ; p ur pose ; band and wife,
desig n . " The intention of the testator, to
be collected from the whole wilt, is to gov­ INTER CONJUNCTAS PERSONAS.
ern, provided it be n ot unlawful or inconsist.­ Between conjunct persons. By the act 1621.

ent wi th the rules of law . " 4 K en t. Cumru. c. 18, all c o nveyan ces 01' alie nat i o ns between
con j unct persons. unless granted for oner­
534.
OilS causes, an� declared, as in a quesLion
"Intention, n when used with reference to the
construction of wills and other documents, means with creditors. to be n ull <lllcl of no avail.
the sense and meaning of it, as gathered from tho Conj unct persons are those stand ing in a
words used therein, Pa.rol evidence is Dot ordi­ certain degree of relat.ionship to each otherj
na.rily admissible to explain this, When used
such, for example, as brothers, sisters, sons,
with reference to civil and criminal responsibility,
a ]lerson who contemplates 3ny result, as not un­ uncles. etc. These were for merly excluded
likely to follow from a deliberato act of bis own, as witnesses, on account of t heir relation­
may be said to intond that result, whether he shipi but this, as a g rou nd of exclus ion. l1u
desire it or not. Thus, if a man slJould, for a
been aboiished. Tray. Lat. M ax.
wager, discharge a. gun among a multitude of peo­
ple, 2.nd any should be killed, he would be deemed I N T E R PARTES. Between parties .

guilty of intending the death of such person j for

Instruments ill which two persons unite,
every man is pl'esumod to intend the natural con­
sequence of his own actions, Intention is often
each maldng conveyance to, or engagemen'
confounded with motive, DoS
when we speak of a with, tile other, are called " papers inter
man'lI "good intentions,'" Mozley & -Whitley, partes. "
INTENTIONE. A writ that lay agains t INTER QUATUOR PARIETES. B..
him who entered into lands after the dea th tween four walls, F leta, lib. 6, c. 55. § 4-
of a tenant in dowel', or for liCe, etc., and
INTER REGALIA. In English law.
held out to him i n reversion or rem ai n der.
A.mong the thi ngs belonging to the sover­
Fitzh. Nat. Brev. 203. eign . Among thes e are rights of sal mon
fishing, mines of go ld and sil ve r, forests, for­
INTER. Lat. Among j between.
feitures, casualties of su pe rior i ty, etc., wllicb
INTER ALIA. Am ong other things. are called '1" 6ualia minora," and may be
A ter m anciently used in pleading, espet.:ially con veyed to a subject. The 1'egalia maJora
in recil i n g statu tes , where the wilole statute i ncl ucle the several branches of the roy al pre­
was not Bet fOlth at length. Inter alia rogative, wbieb are inseparable from the per­
enactatU1n fuit, among uther thin gs it was SOn of the sovereign. Tray. Lat . Max.
enacted. See Plo wd. 65.
INTER RUSTICOS. Amon g the mit.
Inter alias CBUBas acquisitionis, mag­ erate or unlearned.
na, calabria, at famosa est causa dona­
I N T E R SE. INTER SESE. Among
tionis. Am ong otber methods of acqui ri ng
th ems el ves. Stol"Y. Partn. § 405.
property, a great, much-used, and cel ebrate d
method is that of gift. B ract. fol. 1l. INTER VIRUM ET UXOREM. B..
tween husband and wife.
I N T E R ALIOS. Bet wee n other per-
INTER VIVOS. Between the living;
80ns; b etween t.hose who are strangt':rs to a
from one living person to another. ·Where
matter in q uesti on .

property passes by con veyance. the translJ.Oo

INTER APICES JURIS. Among the tion is said to be inter vivos, to distinguish
lubtleties of the law. See APEX JURIS. it from a case of s uccession or devise. 80
 INTERCALAllE 685 INTERDUM EVENIT. ETC.

In ordinary girt. from one person to another ti ve, or exhibitory ; the first b eing a probibl..
1& call ed a " g i ft intf;1' 'Vivos, " to distinguish tieD. the second 8 decree for restori ng pos­
it from a liona! ion made in contemplation se-ssion lost by force, the thirll a. de cree fot
ot death, (mortis causa.) the e xh i biting of accounts, etc. Hainee.

I N T E R C A L A R E. In tbe civil law.

§ 1206.
An interdict was dlstingu ished from nil "nction. ·
To introduce or insert among or bet we�ll
(actin,) properly 80 called, by the circumstnnoe
otiters ; to introdu ce a day or month into that the prn::tor himseU decided in the first in�
the calendar; to inten:alate. Di g. 50, 16, stilOce, (prlncLp(liUcr,) ou tbe application of the
98, pro plohniff, Without previously appointing Q juae:z;
by Issuing a decree commanding what should be
INTERCEDERE. In the civil law. To done, or lott. undone. Gaius, 4, 130. It might be
become bou nd for another's debt. adOIJtcd as a remedy in various cases where a reg­
ular action could not be maintained, and hence in­
INTERCHANGEABLY. By w ay of terdicts were at ono time more extonsivoly used
exchange or interchange. This LerUl prop­ by the prrot.or than the nctioncs themselves. At�
orwurds, however, they fell into disuse, and in the
erly denotes the method of s ign i ng deeds,
time of Justinian were generally dispensed with.
leases, contracts, pte exe cu ted in d uplJCate,
.•
Mnckeld, Rom. La,\v, § 258; lnst. 4, 15, S.
where each party sign s the copy wlJicb be
delivers to the other. In ecclesiasti cal law. A n ecclesiastical
censure, by wh i ch divine services are pro­
INTERCOMMON. To enjoy a comm on
bibited to be adm inistered either to particular
mutunlly or promiscllollsly with the inhab­
Ilersons or in particular pl aces.
itunts or tenants of a contiguous township.
vill, or manor. 2 BI. Corum. 33j 1 Cmbb, In Scotch l aw . An order of the court
Real Prop. p. 271, § 290.
of sessi on or of an i n ferior court. pronounced,
on cause shown, for stopping any act or pro.­
INTERCOMMONING. W hen thecom­ c eedi n gs complained of us illegnl or wrong­
mons of two adj;lcent manors join. and the ful. It lUay be resorted to as a re medy aga inst
inhabitants of bolh bave imm emorially fed any encroachment e ith er on property or pos­
theil' cat tle p ro m is cu ou sly on each oLh er 'ij se ss i o n. and is a protect ion aga i nst any un­
C0111 mon, this is called "intercolllmOning. " lawful procee(ling. Bell.
Termes de 1a Ley.
INTERDICTION. In French law.
INTERCOMMUNING. Letters of in. Eve,'y person wbo, on account of iusanHy,
terco mm unin g were letters from the Scotcb has become incapable of (; ontrolli n g his own
privy council pa ssin g (on their act) in the interests. ca n be p ut under the control of a
king's name, charging the lieges not to reset, gu a rd ia n , who sh all admi nister his affairs
supply. or i uicnommun e with the persons with the samo eff ect as he might himself.
thereby denounced; or to furnish them with Sucb a person is said to be .. interdit,lI and
meat, drink, house. h cubor, or any other thing his status is descriueu as "intoniiction." .Arg.
useful or co mfo rtable; or to have any i n ter­ Fr. Merc, L1.w, 562.
course with thf'm wbatever,-unuel' pain of
l
In the civil law. A j u dicial decreo, by
being reputetl ( rt and part in their crimes,
whic h a person i� deprived of the exercise of
and dealt with accordingly; and desiring all
his c i v il righ ts.
sberifl's, bailies. etc., to apprehend and com�
mit such rebels to pri son . Bell . INTERDICTION OF F I R E A N D J
WATER. Banishment by an order that no
INTERCOURSE. Communication; lit­
man should supply the person bani shed with
era lly . a running or pass in g between pel'sons
fire or water, the two necessades of l i fe.
or places; commerce.
INTERDICT. In Roman law. A de­ INTERDICTUM SALVIANUM. Lat. K
In Roman law. The Sal via n interdict. A
cree of th e prmtor by means of which, i n cer­
process which lay for the owner of a farm to
tain cases determined by the edic t, be himself
oLtain poss(::ssion of the goods of his tenant
directly commanded what should be done or
who had ple tl ged them to hi m for the rent of
omitted, particlliarly in causes invol ving the
the land. lnst. 4, 15, 3. L
right of possession or a quasi possession. In
the mod(' rn civil law, interdicts are regarded I n t e r d u m evenit ut exceptio qum
precise ly the same as action s, though they give prima facie justa videtur, tamen inique
rise to a sum mary proceeding. Mackeld. noceat. It sometimes happens that a plea
Rant. Law, § �58, w h ich seems prima facte just, nevert heless 1a M
Interdicts are either prohibitory, reatora- injurious and I.. oequal. !nst. 4, 14, 1, 2.
 INTEHESSE 636 INTEHEST REIPUllLIClE, ETC.

INTERESSE. Lat. Interest. The in· the prindpal sum, and the whole heated as
tere.st of money; also un interest in lands. a new pri ncipal , for the calculation of the in.
terest for the next period.
INTERESSE TERMINI. An interest
in a term. That species of interest or prop­ INTEREST, MARITIME. See �ARI'
erty which a lessee for years acquires in the TIME IN'l'EREST.
lands demised to h im, before he has actually
INTEREST OR NO INTEltl!lST.
become possessed of those lands : 88 distin­
These words, i n serted in an insurance policy,
guished from that property or interest \'ested
mean that the question wheLher the insured
io bim by the demise, and also reduced i nto
has or has not an insurahle interest in the
posseSSion by an actual entry upon the lands
suujp.ct-matter is waived, and the policy is to
and the ass u mption of ownershi p therein,
be good irrespecti v e of sllch interest. The
and which is then termed all " estate for
effect of such a clause is to make it a wager
years. " Brown.
pol icy.
INTEREST. In property. The most
INTEREST POLICY. In Insurance.
gen eral term that ca n be em ployed to denote
One which actuany. or prlma facie, covers a
a property in lands or chattels. In its appli­
substantial and insurable i nterest j as op­
cation to lands or th i ngs real, it is rrequen lly
posed to a wager policy.
usell in connection with the terms " estate,"
"right." and " title , " and. according to Lord Interest reipublicoo ne malefioia ra­
Coke. it properly incl udes them nIl. Co. LUt. maneant impunita. It concerns the stale
345b. that crimes remain not un pu n ished . Jank.
More pa rticularly it means a right to have Cent. pp. 30, 31. "ase 59; Wing. Max. 501.
the advan tage accrui ng from anything; any
Interest reipublicre De sua quia male
right in the nature of property, bllt less than
utatur. It concerns the sLate that persons
titJej a partial or undivided right ; a title to
do not misuse their property. 6 Coke. 36a.
a share.
The terms "interest " and "title " are not synony­ Interest reipublicre quod homines con­
mous. A mortgagorill possession, and a purohaser serv entur. It concerns the staLe that [the
holding under a deed defectively executed, have, lives of] men be preserved. 12 Coke, 62.
both of thom, absolute as well as lUsurable inter·
est!! in the property, though neither of them haa Interest reipublicm res judicatas nOD
the legal title. 29 Conn, 20. It concerns the stat·a that things
rescindi.
In the la.w of evidence. " I ntt:I'Pst , " i n adjudicated be not rescinded. 2 lost. 360.
a statute that no witn ess shall be exe) uded by It is matter of pI! blie concern that solemn
interest in tile event of the suit. means " con ­ adj udicati ons of the courts should not be dis·
cern," "ad vantage. " .. good . " "share. " por­ turbed. See Best , Ev. p. 41, � 44.
tion. " "pa rt. II or .. participation . " 1 1 Barb.
Interest reipublicre suprema hominum
471 ; 11 Mete. ( Mass. ) 390.
testamenta. rata haberi. It concerns the
A relation to the matter in controversy, or
state that men's last wills be held valid, [or
to the issue of the suit. in the naLul'e of a
allowed to stan d. ] Co. Litt. 236b.
prosp�ctive gain or loss, which actually does,
or presuroalJly might. create a bias or prej n� Interest l'eipublicre ut carceres sint in
dice in the mind, i nclining the person to tuto. It concerns the state that prisons be
favor one side or the other. safe places of conGnement. 2 Jost. 589.
For money. Interest is tile compensation Interest (imprjmis) reipublicm ut pax
sl10wed by law or fixed by the parties for the in regno conservetur, et qurecunque paci
nse 01' fo :' bcaranco or detention of money. adversentur provide declinentnr. It es­
Civil Coue Cal. § 1915. peciall y concerns the state that peace be pre­
Legal int.erest is th e rate of interest estal,.. served in the kingdom , and that whatever
}jshed by the law of the country, nnd which lhings are <lgainst peace be prudently avoided.
will prevail in the absence of exprE'ss stipula­ 2 Inst. 158 .
tion; cC»1oentiunal i nterest is a certCl in rate
Interest reipublicre ut quilibet ra sue.
agreed upon by the parties. 2 Cal. 568.
bene utatul'. It is the concern of the state
Simple i n terest is that whhoh is paid for
that every one uses his pro perty properly.
the principal or sum lent. at a certalll rate or

, allowance. made by law or agreement of pa.r­ Interest reipublicoo ut sit finis litium.
ties. Oompound i nterest is i n terest upon It concerns the state that there be an end ot
interest, wbere accrued interest is added to lawsuits. Co. Litt. 303. It is for the gen·
 IN TEHEST S UlT
era] \\'Alfare that 8 pe riod be put to l itig ation.
BrwllI, �Iax. 331. 343.
INTEREST SUIT. In Engl is h
An acti on ill the pro bat e branch of the high
court of j us tice, in which the question in
dis p I' Le is RS to which party is entitled to a.
grn nt of letters of administration of the es�
tute of a deceased pers on. ·W harton.
INTERE S T UPON INTEREST.
Compound interest. (q. v.)
INTERFERENCE. In p,,!ent law . tbis
term designates a collis i on between rights
clai med or gnmte d ; that is. where a pm'soll
claims a pate nt for the whole or any integral
part of the gro und already covered by an ex­
isting patent or by a pe ndi ng appl icat i on.
INTERIM. In the mean timej Ill ean­
wlJile. An ass ignee ad inteTim is one ap­
pointed lJetween the time of bank ruptcy and
il ppoin tm en t of the regular assignee. 2 Bell.
Corum. 855.
IN T E R I M COMMITTITUR. Lat.
m
'CIn th e mean time. let him be com i tted . "
An oruer of court (or the docket-entry not­
ing it) by which a priso n er is committed to
prison and directed to be kept lhere until
:iome further action can be taken, or until
the time arrives [or the execution of his sen­
te nce.
INTERIM CURATOR. A person sp·
by jus tices of the p race to take cafe
IJ oi n ted
of the properLy of a felon convict. unlil the
apPointment by the crown of an administra­
tor Of administrators for the same purpose.
Mozley & Whitley.
INTERIM FACTOR. In Scotch law.
A judicial officer eleeted or appointeu under
the bankruptcy law to take charge of and pre­
serve the estate u ntil a fit person shall be
eleeted trustee. 2 UeH. Comm. 3 57 .
INTERIM OFFICER. O n e a ppointed
to 511 the office d uring a tempon\\''y vacancy,
Of du rin g an interval caused by the absenc �
or in capa city of the regular incumbent.
INTERIM ORDER. One made in the
mean time, and until something is done.
INTERIM RE CEIPT. A receipt
money paid by wily of premiu m for a con­
tract of i nsuranc e for which application is
ruadfl. If the risk is rejected , the money is
fefunded, les8 the pro 1'ata premi uDl .
INTERLAQUEARE. In old practice.
1.'0 link together, or interchangeably. Writs
637 INTERLOCUTORY ORDER
were called U intel'laqueata wherl'! several
n
were issued against several parti es residing
i n different cOJlnties, each party being 8um�
law.
moned by a �(>p:lrate writ to warrant the ten­
:tnt, together with the other warrantors.
Fleta, lib. 5, c. 4, § 2.
INTERLINEATION. The act of writ­
ing between the lines of an inatrument; also
w hat is written between lines.
INTERLOCUTOR. In Scotc h practice.
An order or decree of court; a n order made
in open court. 2 Swint. 362; Arkley. 32.
INTERLOCUTOR OF RELEVANCY.
In Scotch practice. A decree as to the rele­
vancy of a libel or indictment in 8 criminal
case. 2 Alis. Crim. Pro 373.
INTERLOCUTORY. Provisional; tem­
porary; not final. So meth in g intervening
between t.be commencement and the end of a
s uit which decides some po i n t or matLer, but
is not a final decision of the whole c ontro­
versy.
INTERLOCUTORY COSTS. In prac­
tice. Costs accrUi ng upon proceedings in
the intermediate stages of a cause, as distin­
guished from final costSj su�h as tile costs of
motions. 3 Chit. Gen. J:>r. 597.
INTERLOCUTORY DECREE. In eq·
uity practice. A pro v isi on al Ot· preliminary
decree. which is not final and does not de­
termine the suit, but directs some f urt her
proceedings preparatory to the final deere€'.
A decree pronou nced for the purpose of ascer­
tai n ing mattet· of law or fact preparatory to
a final decree. 1 Barb. Ch. Pro 026. 327.
INTERLOCUTORY JUDGMENT. A
judgment whif'iJ is not fin al is called Uinter­
loc utory ; " that is. an interlocutory judgment
is one which determines some preli m in al'y or
subordinatE' point or pl ea, or settles some J
step. qu estion, or default ariSing in the prog­
res s of the cause, but does not adj udicate
til e ultimate rights of the parties, or fina.lIy
put the case out of court. 'l'h u s , a jUdgment..
or order passed upon ltn)' provisional or ac- K
cesso r)" claim or contention is, in gcneral .
merely interloculory, although it may finally
dispose of that particul ar matter. 1 Black,
for Judgm. § 21.
L
INTERLOCUTORY ORDER. " An or·
del' which decides not the cause, but only
set.lIes some intervening m atter relat i ng to
itj as when an order is mall!:!, 011 a motion in
C hancery, for the pluintiff t o have an I njunc­ M
tiOll to qui et his possession ti ll the beadng of
 INTEHLOlJUTOHY SENTENCE
the cause. This or any such order. not be-.
i n g final, is interlocutory. II 'fermes de la
Ley.
IN'I'ERLOCUTORY SENTEN CEl. In
the civil Jaw. A sentence on some indirect
question arising from the principal cause.
Hallifax. Civil Law, b. 3, eh. 9, no. 40.
INTERLOPERS. Persons who run into
business to which they have no right. or who
interfere wrongfully; persons who enter a
coun try or place to trade without license.
Webster.
INTERN. To restrict or shut up a per-
80n, as a political prisoner, within a limited
territory.
INTERNATIONAL LAW. The law
which regulates the intercourse of nation s ;
the law of nations. 1 KenL, Comm. 1 . 4.
The cI18tornary law which
d eterm i nes the
rights and regUlates the intercourse of inde­
pendent states in peace and war. 1 Wildm.
Int. Law, 1.
The system of ruJes and principles, founded
on treaty, custom, prectdent, and the con­
sensus of opinion as to j ustice and moral ob­
ligation, which ci vilizell nations recognize as
binding upon them in their mutual dealings
and relations.
Public international law is the body of
r u les which control the conduct of independ­
ent states in their relations with each other.
Private international law is that branch
of municipal law which determines before
the courts of what nation a particular action
or suit should be brought, and by the Jaw of
wh:-tt nation it should be deterulineU;
other words, it regul ates private rights as
dependent on a di versity of m u n icipal laws
and jurisdictions applicable to the persons,
facts, or things in dispute, and t.he subject
of i t is hence sometimes called the "conflict
of laws." Thus, questions whether a given
person owes allegiance to a particular state
where he is domiciled, whether his stat'UIi,
property, rights, and duties are governed by
the lex; situs, the lex loci, the iexfo1'i, or the
lero domicilii, are questions with which pri­
vate international law has to deal. Sweet.
INTERNUNCIO. .A. minister of a sec­
ond order, Charged with the alTairs of the
papal court in couu tries where that court ha!t
no llunclo.
INTERNUNCIUS. A messenger b...
tween two pa.rties; a go·between. Applied
to a broker, as the agent of both parties.
C. Hob. Adm. 204.
638 1NTERPRETATlO TALIS. ETC,
INTERPELATION. In. the civil law.
Tile act by which, in consequence of an agre�
ment, the party bound declares that he will
not be bound beyond a certain time. Wolff,
Inst. Nat. § 752.
INTERPLEADER, When two or more
persons claim the same thing (or fund) of a
third, and he, laying no claim to it himself,
is ignorant which of them has a right t.o it,
and fears be lDay be prejudiced by their pro·
ceeuing against h i m to recover it, he may file
a bill in equity against. them. the object of
which is to make them litigate their title be­
tween themselves, instead of litigating it
with him, and such a bill is called a "bill of
interpleader." Brown.
By Lhe statute 1 & 2 Wm. IV. c. 58. Bum·
mary proceedings at law were provided for
the same purpose, in actions of assumpsit,
dpbt. detinne, and trover. .And the same
remedy is known, i n one form or the other, in
most or all of tue United States.
Under the Pennsylvania practice, when gOOa!
levied upon by the sherifi' arc claimed by a. third
party, the sheriff �alres a rule of interpleader 00
thB parties, upon which, when made a.bsolute. a
feigned issue is framed, and the title to the good.
is t.ested. The goods, pending the proceedings, re­
main in the custody of the defelldant upon the ex·
ecution of a forthcoming bond. Bouvier.
INTERPOLATE. To insert words In a
complete document.
INTERPOLATION. rhe act of inter·
polating; the words interpolated.
IN'rERPRET. To construe; to seek out
the meaning of language; to translate orally
in
from one tongue to another.
Intel'preta1'0 et concordare leges leg·
ibus, est optimus interpretandi modus.
To interpret, and [in such a way as] to har
..
moniz� laws with laws, is the best mode of
interpretation. 8 Coke. 169a.
Interpretatio chal'tarum benigne fa.oi..
enda est, ut res magis valeat quam pe·
reat. The interpretation of deeds is to be
liberal, that the thing may rather have ef­
fect than fail. Broom, �Iax. 543.
Interpretatio fienda est ut res magis
v a l e a t quam pereat. Jenk. Cent. 198.
Such an interpretation is to be adopted that
the thing way ra.ther stand than fall.
Interpretatio talis in ambiguis sem­
per fienda est ut ev itetur inconveniens
4 et absurdum. In cases of ambiguity, such
an interpretation should always be mad.
 INTERPHETATJON
&bat what is incon venient and abs urd may
be avoided. 4 lOBt. B28.
INTERPRETATION. The discovery
and representation of the true me.mi ng of
ID,. Bigns used to co n vey ideas. Licb. HertI).
"Co .truction " Is a. term of wider scope than
-Interpretation ; n for, while tbe latter is concerned
1811 with ascertaining tbe sause and meaning of
&be subject-matter, the former may also be di.rect.­
td to explaining the legal effects and cousequences
of the instrument in question. lienee interpreta­
UOD precedes construction, bul. stops at the writ­
\en text.
Close interpretation (tnterpretatio ,'esl1'ic­
tal is a,lopted if j ust reasons, con n ected with
the formation and character of the text. in ­
duce us Lo take the words in their narrowest
meaning. ThilJ species of i n terp retatio n has
(eocrally been called " literal , " but the term
is inadmissible. Lieb. Herm. 54.
Extensive lnterp1'etation (inferpretatio ex­
Ienr£ca, called, also: " li b eral int e rpretati on " )
adopts a more comprehensive sig nification of
Ibe word. Id. 58.
Extravagant interp1'etation (interp1'etutio
at8dens) is that which substitutes a mean�
ing evidently beyond the true one, It is
therefore not gen u i ne i nterpret atio n , Id. 59.
Free 01' um'estrtcted interpretation (inter­
pretatio soluta) proceeds simply on the genM
eral pri n cipl es of i nter pr etati on in good faith,
Dot bound by any s peci fic or s uperior p ri nciM
pie. Id. 59.
Limited or restricted interp1'etation (inM
terpretatio limitata) is when we are influM
enced by other principles t han the strictly
hermeneutic ones. Id. 60.
Predes tined inte1'Pl'etation (inte1pretaUo
predestinata) takes place if the i n terpret er,
lab ori ng under a s tro ng bias of mind, makes
the text subservient to bis precancel v ed v i e ws
or de sires . Th is includes ar tf u l in terpretaM
lion. (interp1'eta,tio vufer,) by w h ic h the in­
terpreter seeks to give a m ean i ng to the text
other than the one he knows to have been inM
tended. Id. 60.
lt is said to be either "legal , " which rests
on the same authority as the law itself, or
" d octrin al," which rl�Sts npon its intrinsic
reas ona bleness. Leg al i nter pretatio n may
De eitller " authentic, " when it is expressly
prOVided by the legislator, or .. usual," when
it is deri ved froUl un written practi ce. Doc­
trinal interpretation may turn on the mean­
Ing of words and sentences. when it is calJed
"grammatical , " or on the intention of the
legis lator , when it is described <\8 " logical. "
When logi cal interpre tation stretches the
...orda of a statute to cover its obvious mean�
639 INTERRUPTION
tog, it Is called "extensive;" when, on the
other hand, it avoids givi ng full me an ing to
the words, in order not to go beyond the in�
tention of the legislator, it is called "restrict-.
ive." lIoll. JUr. 344.
INTERPRETATION CLAUSE. A
section of a s tatute which defines the mean�
lng of certai n words occurring freq uently In
the other sections.
INTERPRETER. A person sworn at a
trial to inte rpret the evidence at a foreigner
or a deaf and dumb p<>rson to the court.
INTERREGNUM. An Interval bet ween
re>igns . The period which elap�es between
the deat.h of a sov ereig n and the election of
another. The vacancy w hich occurs when
there is no gov er nment.
INTERROGATOIRE. In French law .
An act whicb contains the interrogatories
mad e by th e jud ge to the person accused, OD
th e facts which are the obje ct of the accusaM
tioD, and the answers of the ac cused. Poth.
Proe. Crim. c. 4, art. 2, § 1.
INTERROGATORIES. A set Qr seri es
of written q ues ti ons drawn up for Lhe purpose
of bei ng p ropou n d ed to a party in equity, a
gam is bee, or a witness whose tes timon y is
taken on deposition i a series of C or m al wri�
ten q uestions used in the j udicial examiua,..
tion of a party or a w i tness. In t aking eviM
dence on depOSitions, the interrogatories are
usually prepa red and settled by counsel, and
r ed u ced to w ri ti ng in advauce of the exa mi�
n ati o n.
I nterrogatories are eiLller di1'ect or crOS8.
the former being those which are put on be.
half of the party cal li ng a w itness ; the latter
are those which are interposed by the adverse
party.
INTERRUPTIO. Lat. In terru ptIon. J
A term used both in the c1vil and common
law of prescriptio n . Calvin .
Interruptio multiplex non tollit prre.
scriptionem semel obtentam. 2 Inst. 654. K
Freq ue nt i n terrupt.ion does not take away a
prescription once secu r ed .
INTERRUPTION. Th e occurrence of
some act or fact, dUl'ing the per iod of pre. L
scr iption, which is sufficient to arrest the run�
ning of the statute of limitations. It is auid to
be either " natu ral " Ol' " ci vil, " the former
bei ng caused uy the act of t.he party i Lhe lat­
ter uy t.he legal effect or operation of Bom.e M
fact or circum stance.
 INTERRUPTION 640 INTESTATE SUCCESSION

Interruption of the possession is wherethe right be and to continue. peaceful only. Interven,.
is not enjoyed or exercised continuously; ioterrup­
Mon of the right is where the person baving or
I Uon between a sovereign and his own subj ect s
is not jnstified by anything i n internationu;
cla.iming the right ceuses the exercise o! it in such
a manner � to show that he does not claim to bo law; but a re lll onstrance may be addressed
61ltitled to exercise it. to the sovereign in a propel' case. Brown.

In Scotch law. The true proprifltor's In English ecclesiastical law. The pro­
claiming his right d u ring the course of pre­ ceeding of a third person, who, not being
scription . Bell. originally a party to the SHit 01' proceeuing.
but claimin g an i n terest i n the subject-matter
INTERSECTION. The point of inter­
in dispute, in ordp,l' thE' lJetter to protect stich
section of two roads 1S the point where their
interest, i n terposes his claim. 2 Cbit. Pro
middle lines intersect. 73 Pa. St. 1 27 .
492; 3 Chit. Com mer. Law, 633; 2 Hagg.
INTERSTATE COMMERCE. TralHc, Cunst. 137; 3 Phill i m . Eoc. Law. 586.
intercourse, commercial trading, or the trans� In the civil la.w. T b e act by which 8
portation of persons or property between or third party demands to be l'ecei ved as a party
among the several states of the Union. or in a suit pending between other persons.
from or between points in one sLate and poi nts The intervention is made either for tha
in another state; commerce between two pu rpos e of being joined to tile plaintiff, and
states. or between places lying in different to claim tbe same Lhing hedoes, or some other
states. thing connected with it; ortojoin the defend·
ant, and wiLh him to oppose Lha claim of the
INTERSTATE COMMERCE ACT.
plaintiff, which it is his interest to defeat.
The Rct of congress ot Fe bruary 4, 1887, de­
PoLh. Prot. Civile, pt. 1. c. 2. § 7. DO. 3.
signed to regulate commerce between the
states, and particularly the transportation of
INTESTABILIS. A witness incompo­
persons and property. by carriers. between in­
tent to testify. Calvin.
terstate pOints, prescribing that charges fOl"
such transportation shall be reasonable and INTESTABLE. One who has not testa­
j usL, p rohibiting unj ust discriminaLion, re­ mentary capacity; e. g., an infant, l unatic,
bates, draw�backs, preferences , pooling of or person civilly dead.
freights, etc., requiring schedules of rates to
be published, establi shing a commission to
INTESTACY. The state or condition of
dying without baving made a valid will.
carry out the measures enacted. and prescrib­
ing the powers and duties of sucb commis­
INTESTATE. Without making a will.
sion and the procedure lJefore it.
A person is said to die intestate when he dies
INTERSTATE COMMERCE COM­ without maldng a will, or liies without
MISSION. A commission created by the leaving anything to testify what bs wishes
interstate commerce act (q. v.) to carry o u t were with respect to the disposal ot. his
the measures therein enaated, composed of property after his death. The word is al­
five persons, appo i n ted by the Presidentf ell1- so often used to signify the person himsdf.
power�d to inquire into the bUSi ness of the Thus. in speaking o f the property of a per·
carriers affected, to euforce the law, to re­ son who died intestate, it is cummon to B�\y
ceive. investigate, and determine complaints "the intestate's property; " i. e., the property
made to tllem of any violation of tbe act. of the person dying in an intestale condition.
make annual reporLs, hold stated sessions. etc. Bruwn.
Besides the strict meaning of the word as
INTERVENER. An intervener is a per�
above given, there is also a sellse in which
80n who volun tarily interposes in an action
intestacy may be partial; that is, where a
or o ther proceeuing wiLh Lhe leave of the man leaves a will which does not d'is!)o.se of
court. bis whole estate, he is said to "die intestntet.

INTERVENING DAMAGES. Such as to the property so omitted.

damages to an appel lee as result from the de­

INTESTATE SUCCESSION. .A. sue·
lay caused by tile appeal. 1 Tyler, �o7.
cession is called " i ntestate" wilen the d&­
INTERVENTION. In international ceased has left no will, or when his will has
law. Intervention is sucb an i nterference been revoked or annulled as irregular. There­
between two or mure states as may (accord� fore the beirs to whom a succession has fallen
illg to lhe event) result in a resort to force ; by the effecLs of law only are called " heirs ab
while mediation always is, and is intended to intesta to." Civil Code La. art. 1096.
 DITESTATO 641 INTRINSECUll SERVITlUlI

'INTESTATO. In the civil law. Int..- condition produced by d ri n king

intoxicating
late; wltbo ut a will. Calvin. spirituous liquor, and is to
equivalent
"drunk." No additional word is needed to
INTESTATUS. In the civil Rnd old
con yey this idea. It is sometimes said that.
English law. An intestate; one who dies
a pf'rson is intoxicated with opium, or with
without . will. Dig. 50, 17. 7.
ether, or with lllugbing·gas ; but this is an
Inte8tBtuS decedit , qui aut omnino u n usual or forced use of the word, A com­
Ie8tamentum non fecit; aut non jnre plaint, unde r a statute autborizing pl'oceed­
recit; aut id quod fecerat ruptum irri­ ings against persons found in toxicated, which
tumve faotum est; aut nemo ex eo hreres avers that defendant was found intoxicated,
ustttit. A pereo n dies intestate who either is in this respect sufficient, and need not al­
bas made no testament at all or has made one lege upon w hat lie became so. 47 Vt. 294.
nOL legally valid; or if the testament be has
made be revoked. or made useless; or if no INTOXICATING LIQUORS. Tho ••

on6 becomes heir u nder it. lust . 3, I, pro the use of which is ordinarily or com monly
attended w i th entire or partial iutoxication.
INTIMATION. In the civil law. A 6 Park. Crim. R 355.
botification to a party that some s tep in a le­ The terms "intoxicating Uquor" and "spirituous.
gal proceeding is asked or will be taken. liquor" are not synonymou8, Allspirituoue liquor
notice given by the party tak­
Particularly, a is intoxicatiog, but all intoxicating liquor is not
spirituous, Fermented liquor, though intoxicat;..
iog an appeal, to the othel' party. that. the
iog, is oat spirituous, because not dist.illpd. 2
court nuova will hear the appl-'al.
Gray, 501j 4 Gray, 18.
In Scotch law. A form al written 1l0�
Ute, dra wn by !\ notary, to be served on 8 INTRA. Lat. In; near; within. II In­
party against whom a stranger has acquired f1'a" or " inter" has taken the pla ce of " irv­
t1'a" in many of the more m oder n Latin
a rig ht or claim; e. g the assign�e of a deut
••

must serve s uch a notice on 1 he debtor, oth­

phrases.
erwise a payment to the origi nal CI editor will I N T R A ANNI SPATIUM. With in
be good. the space of a year. Cod. 5. 9, 2. Intra
annale teTnp'ltl, Id. 6. 30. 19.
INTIMIDATION. In English law. Ev­
ery person commits a misdemeanor, p u n ish­ INTRA FIDEM. Wi th in bolier; credi­
able with a linear imprisonment, who wrong­ ble. Calvin .
fully uses violence to or intimidates any other
INTRA LUCTUS TEMPUS. Within
person, or bis wife or children, w ith a vie w
the time of mourning. Cod. 9. 1. auth.
to compel him to abstain from doi ng, or to
do, any act whicb he has a legal right to INTRA M<ENIA. Wi tb i'n the walls
do. or abstain from doing. (St. as & 39 (of a house.) A term applied to domestic or
Vict. c. 86, § 7.) rrhis enactment is chieny menial ser vants. 1 BI. Carom. 425.
directed against outl'nges by tradt's- unions.
INTRA PARIETES. Bet ween walls;
�weet. There are similar statutes in many
among friendS; out of court; without li ti ga­
of the United States.
tion. Calvin.
INTIMIDATION OF VOTERS. Tllis,
by statute in several of the states. is made
INTRA PRlESIDIA. Within the de- J
fenses. See L�t'RA PR..£SIDTA.
a criminal offense. Under an early J:'e nnsyl­
va nia act, it was held that. to co ns ti tute the INTRA QUATUOR MARIA. Wit hin
offense of intimidation of voters, there must the four seas. Shep. Touch. 3iS.
be a preconceiveu intentiOIl for the purpose
of intimidating the offi cers or intelTupLing
INTRA VIRES. An act to said to be K
int1'a vi'res (II w iihin the power") of a person
�h6 election. 3 Yeat es, 429.
or corporation wilen it is within t,he scope ot
INTITLE. An old form of II entitle. II hi s or its powers or aulhority. It is tlH' op-
6 Mod. 304. posi te of ultra vins. (g. 'D.)
INTOL AND UTTOL. In old records. INTRARE MARISCUM. To drain a
l
Toll or custom paid for things imported Hud marsh or low ground, and convert it into
exportt>d1 or bought ln and sold out. Cowell. lIer1.mge or pasture.

INTOXICATE. Generally relates to the INTRINSECUM SERVITIUM. Corn. 'M

nse of strong drink. "Intoxicated , " llsed mon an d ol'dinnry du ties with t.hc lord's
withont words of qualification, sig n i fies a court.
A.1tI.DIOT.LAw-41
 INTRINSIC VALUE 642 INVENTOR

INTRINSIC VALUE. The Intrinsic INVADIATUS. One who [g nnder pledge;

value of a thing is its true, i nherent., and es� one who has bad sureties or pledges gina
lential value, not depending upon accident, for him. Spelman.
place, or person, but the same everywhere
INVALID. Vain ; Inadequate to it.. pu�
and to every onB. 5 Ired. 698 .
pose; not of binding force or l egal effic8C1:
INTRODUCTION. The part of a writ­ lacking in authority or obligation.
ing which gets forth preliminary matter, or
INVASION. An encroachment upon tho
facts tending to expltlin the subject.
rights of anotber; the incursion of an army
INTROMISSION. In Scotch law. The for conquest or plu nder. Webster.
dssumption of authority over another's prop­
erty, either legally or illegally. The irregu. INVASIONES. The Inquisition of ....
lar intermeddling with the effects of a de­ jean ties and knights' fees. Cowell.
ceased person. which subjects the party to
INVECTA ET ILLATA. Lst. In lb.
the whole debts of the deceased. is called civil law. Tbings carried in and broughtiD.
"'Oitinus intromission. " Kames, Eq. b. 3. Articles brought in to 8 hired tenement by the
c. 8, § 2.
hirer or tenant, and wbich became or were
INTROMISSIONS. Dealings in Btock, pledged to the lessor as security for the renL
goods, or casb of a principal coming into the Dig. 2, 14, 4, pro The phrase [g adopted I.
bands of bis agent. to be accounted for by the Scotch law_ See Bell.
agent to his principal. 29 Eug. Law ....% Eq.
Inveniens libellum famosum et DOD
391. corrumpens punitur. TIe who find!J alibei
INTRONISATION. In French eccle­ and does not destroy it is punisbed. Moore,
siastical law. EnthronemE':nt. The installa­ 813.
tion of a bishop in his episcopal see. INVENT. To find out something new;
INTRUDER. A stranger wbo, on the to deviset contri ve, and produce so m et hing
death of the ancestor, enters on the land. un­ not previously known or existing, by the ex­
lawfully, before the heir can enter. ercise of independent. investigation Bnd ex­
peri ment; particularly applied to machines,
INTRUSION. A species of injury by
mechanical appliances, compositions , and pat­
ouster or amotion of possession from the free·
entable inventions of every Bort.
bold. being an entry of a stranger, after a
part.icular estate of freehold is determined, INVENTIO. In the civil law. Find­
before him in remainder or reversion. ing; one of the modes of acquiring titie to
The name of a writ brought by the owner property by occupancy. Heinecc. lib. 2, tit.
of a fee·simple, etc., against an intruder. I, § 350.
New Nat_ Brev. 45a. Abolished by 3 & 4 In old English law. A thing found; as
Wm. IV. c. 57. goods, or treasure-trove. CowelL The plural,
•• inventiones, " is also used.
INTUITUS. A. view; regard ; cantero·
plation. Diverso intuitu, (g. 'D., ) with a dif­ INVENTION. In patent law. The
ferent view. act or operation of finding out something
new; the prop-cssof contriving and producing
INUNDATION. The overflow of waters
sometbing not previously known or existing,
by coming out of their bed.
by the exercise of independent investigation
INURE. To take effect ; to result. and experiment. Also the article or conLdv­
ance or composition so invented.
INUREMENT. Use; user; service to
the use or benefit of a person. 100 U. S. 583. An "invention n differs from a. "discovery. " The
former term is properly applicable to the contriv·
Inutilis labor et sine fructu non est ance and production of something that did Dot be­

eifectus legis. Useless and fruiLless labor fore exist j whUe discovery denotes the bringiog
into knowledge and uee of something whioh, al­
Is not the effect of la w. Co. Litt. 127b_ '.rhe
though it existed, was before unknown_ Thus, we
law forbids such recoveries whose ends are speak of the " discovery n of the properties of light,
vain, chargeable, and unprofit.able. Idj electricity, etc. , while the telescope and the elec­

Wing. Max. p . 110, max. 38. tric motor are the results of the process of "inven­
tion. n
INVADIARE. To pledge or mortgage
INVENTOR. ODe who finds out or con·
lands.
trives some new thing; one who devises some
INVADIATIO. A pledge or mortgage. Dew art, manufacture, mechanical appliance�
 INVENTORY 643 IPSO FACTO

_ proceu i one who invents a patentable can· INVITO DEBITORE. Against tho wID
ld'fIDco. of the debtor.

INVENTORY. A detailed list of articles INVITO DOMINO. The owner being

or property ; a list or schedule of property. unwilling; agai n st the will of the ownerj
containing adesignalion or des('ription of each without the owner's consent. In order to
IpeCtOc article ; an itemized list of the varian'S constitute larceny. the property must be tak­
articles constituting a collection, estate. stock en invito domino.
In trade, etc wiLIl their estimated or act ual
INVOICE. In commercial law. An at>
.•

YalUE'8. In law. tlle term is particularly ap­

count of goods or merchandise Bent by mer­
plied to such a list made by an executor, ad­
chants to their correspondents at home or
ministrator, or assignee in bankruptcy.
abroad, in which the marks of each package,
INVENTUS. Lat. Found. Thesaurus with otber pnrticu1ars, are set forth. Marsh.
Inuntus, treasure.trove. Non est iuventus, Ins. 408; Dane. Abr. In dex .
[be] is not found. A list or account of goods or merchandise
sent or shipped by a merchant to his corre­
INVERITARE. To mal,e proof of a spondent, factor. or conSignee. containing the
thing. Jacob. particular marks of each description of goods,
the value. charges. and other particulars.
INVEST. To loan money upon securi-.
Jac. Sea. Laws, 302.
Uea of a Ill ore or less permanent nature, or to
place it in businE'ss ventures or real estate,
A writing made on behalf of an importer,
specifying the merchandise imported, and its
or otherwise lay it out, so that it may produce
true cost or value. And. Hey. Law. § 294.
a reVtnU6 or income.
To clothe one with the possession of a fief INVOICE BOOK. A hook in wbich in­
or l..eneflce. See 11'\"VESTll'URE. voices are copied.

INVESTITIVE FACT. The fact by INVOICE PRICE of goods means tbe

means of which a right comes into existence; prime cost. 7 Johns. 343.
I. g .. a grant of a monopoly, t.he death of oue's
INVOLUNTARY. An involuntary act
ancestor. Holl. Jur. 132.
is that which is performed w ith constraint
INV ESTITURE. A ceremony which (g. v.) or with repugnance. or wiLhout the
accompanied the grant of lands in the feudal will to do it. All action is involuntary. then.
ages. and consisted in the opan and not.orious which is performed under d uress. Wolf!.
delivery of possession in the presence of the lnst. Nat. § 5.
other vassals, which perpetuated among them
I N V 0 L U N T A R Y MANSLAUGH­
the (ETa of their new a('quisition at the time
TER. The unintentional ld Uing of a person
when Lheart of writiug was very little known;
by one engaged in an unlawful, but not f&­
and thus the evidence of the property was
lonious. act. 4 Steph. Comm. 52.
repo.3ed in the memory of the neighborhood.
who, in case of disputed tiLle, were after­ IOTA. The minutest quantity possible.
wards called upon to decide upon it. D Fown. Iota is the smallest Greek letter. The word
In ecclesiastical law. Iu vesLiture isone "jot" is derived therefrom.
ot tlie formalities 1>y which the election of a
Ipsoo leges cupiunt ut jure regantur. J
bishop is confirmed by the archbishop. See
Co. Litt. 174. The laws themselves require
Phillim. Ecc. Law, 42, et seq.
that they shol1ld be governed by right.

INVESTMENT. Money invested.

IPSE. Lat He himself; the same; the
K
.

INVIOLABILITY. The attribute ot very person.

being secured against violation. Th\3 persons IPSE DIXIT. He bimse!f said it; a bere
ot ambassadors are inviolable. assertion resting on the autllority of an in­
dividual.
IN VI T O . Lat. Being unwilling.
Against or without the assent or consent. IPSISSIMIS VERBIS. In the Identical
L
words; opposed to "substantially. " 7 How.
Invito beneficium non datur. .A. ben­
719; 5 Obio St. 346.
efit is Dot confened 011 one who is unwilling
to receive it; that is to say, no one can be IPSO FACTO. By tbe fa ct itselt ; by lbe
compelled to accept a benefit. Dig. 50, 17, mere fnct. By the mere effect ot an act or a M
69j Broom, Max. 699. note. fact.
 LPSO F AC'£O 6,14 IRRITANCY

In English ecclesiastical law. A cen­ tin gnislmhle from defects in pleading!!. a

flure of excom lllun ication in the ecclesiastical Cbi�. Gen. Pro 509.
COUI"t, i m m edi ately incurred for divers offen­ The doing or not doing that. in the condud
ses, a fter lawful trial. of a suit at law. which. conformably with
tho practice of the court. ought or ougbt nol,
IPSO JURE. By the law itself ; by the
to Le done. 2 Ind. 252.
mere operation of law. Calvin.
In canon law. Any impediment which
Ira furor brevis est. Anger is a short prevents a man from taking h oly orders.
insanity. 4 Wend. 336. 355.
IRRELEVANCY. Too abse nce nf the
IRA MOTUS. Moved or excited by an­ quality of releva ncy in evidence or plead ings.
ger or passi on. A term sometimes fo rmerly
Irrelevan cy, in an answer, consists in statements
used in the plea of son assa"ult demesne. 1 which are not material to the decision of the case;
,£idd. Pro 645. such as do not form or tender any material issue.
18 N. Y. 315. 321.
IRE AD LARGUM. '£0 go at large; to
escapej to be set at l iberty. IRRELEVANT. In the law of evidence.
Not relevant; not relati n g or a ppl icable to
IRENARCHA. 1n Roroan law. An the matter in issue; not su pport.ing the issue.
oflicer whose duties are described in Dig. 5.
4. 18. 7. See Id. 48. 3. 6 ; C od . 10. 75. Lit­ IRREMOVABILITY. The stat,,, of a

erally, a peace-officer or magistrate. pauper i n England, who cannot be legally

removed from the parish or union in which
IRREGULAR. Not accordi n g to rule; he is receivin g relief. notWithstanding that
i mproper 01' insufficient. by reaso n of depart­ he has n ot acquired a settlement there. a
ure fl'om the prescribed course. Steph. Coro m . 60.

IRREGULAR DEPOSIT. A species of IRREPARABLE IN JURY . This

deposit which arises when a party. Laving a p h rase does not mean such an injury as is
Bum of money W hich he does not think sa.fe in beyond the possi bi li ty of repair, or beyond
his o w n hands, confJdes it to ano ther , (e. g.t possible compensation in damages, or neces­
a ban k, ) wbo is to return to him n ot the same sarily great damage, bllt i nc lutles an injury,
m oney , b u t a like sum. wilen he shall dt>mand whether great. or small, Which ought not to
it. An i rregular deposit differs from a n1.'U­ be subm itted to, au the one hand, or infHcteu,
tuum simply in this respect: that tue latter on t he otherj and whicb , because it iSM large
bas pri ncipally i n view tlle benefit of the lJor­ or so small, or is of such constant and fre­
rower, and t h e former the benefit of the quent occurrence, cannot recei ve reasonable
bailor . Story. llailm. § 84; Poth. du Depot. redress i n a court of Ja w . 76 Ill. 322.
B2. 83. 'Vrongsof a repeated a n d cU ll ti llu in g char·
ac ter, or which occasion damages tlJat are
IRREGULAR PROCESS. Sometimes
estimated only by conjecture. and not by any
the term " i rregular process" has been defined
accurate standard, are included. 3 PHtsb"
to mea n process absolutely void, and not
R. 204.
merely erroneous and voidable; but usually
it has been appli ed to all proces s not issued IRREPLEVIABLE. That cannot be
in strict conformity with the law, whether replevied Qt. delivered on sureties. Spel led,
the llefect appears upon the face of the pro­ also, "irreplev isable. " Co. Litt. 145.
c ess or by referen ce to extrinsic facts, and
,

wh eth er such defects I"ender lhe process ab­ IRRESISTIBLE FORCE. A term ap·
Bolutely void or only voidable. 2 Ind. 252. plied to snch an interposition of l1uman
agency as is, from its nature and power, alJ·
IRREGULARITY. Violation or non­ solu t ely uncontrollable; as lhe inro ads of a
obse rv..lnce of established rules and practices. hostile arlllY. Story. Bailm. § 25.
Tlie want of adherence to some prescribed
rule or mode of proceeding; consisting either IRllEVOCABLE. Which cannot be re­
ill o mi tting to do someth in g that is neces­
'
voked or recalled .
sary for the due and orderly conducting of
IRRIGATI ON. The operation of waler·
a Buit, or doing it i n an unseaso n ab le time
i ng lands for agricul tu ral purposes by arti·
or i mproper manner. 1 Tidd. Pro 512. " Ir­
ficial m eans.
regularity" is the technical term for every
deft!ct in practical proceedings. or the molle I R R I T A N C Y. In Scotch law. '£h.
of conduc ti ng an action or defe n se, as dis- hapIJening of a contlition or even t by wbi(:h
 IRRI TAN T 645 ISSUE

• charter, cont ract , or other deed, to which a cess issues from a court. To put into circu­
rlHuse hritant is an nexed . bC'comes void. lation; as. the treasury issues notes.

IRRITANT. In Scotch law. Av oid ing ISSUE, n. The Jt.ct of i ss u ing. sendi ng
• making void ; as a n irritant clause. See forth . emi tting. or promulgating; the giving
W1TANCY. a thing its ilrst incepti on ; as the issue of an
ord er or a writ.
IRRITANT CLAUSE. In Scotch law.
In pleading. The disputed point or ques­
A. provision by which certain p roh ibit ed ncts
tion to which the parties i n an action havs
apf'cHlcd in a deed are, if com m ittecl, declared
narrowed their several allegations. and upon
to be null and void. A 1'esoZ,(' ti'De cl au se dis­
wbich they are desirous of ohtaining the de­
IOJves and puts an end to the right of a pro­
cision of the proper tribunal. 'VlIeu the
prieto r on his committing the acts so declared
pta nUff and defendant have arrived nt some
void.
specific poi nt or matter atTirmed on the one
IRROGARE. In the civil law. To im­ side, and denied on the other. they are said
pose or seL upon, as a fine. Cal vi n . To in­ to be at issue. The question so set apart is
fUet, as n punish ment. To m ak e or ordain. called the U issue. " and is designated, accord­

.. . law. ing to its nature. as an "issue in fuct " or an

"issuein la w . " B rown.
IRROTULATIO. An enrolling; a rec­ Issues arise upon the pleadings, when a
ord. fact or conclusion of law is maintained by

IS QUI COGNOSCIT. Lat. The cog­ the one party and controverted by the other.
nizor in 8 fine. 18 cui c0{/11.0SCitUT, th e cog­
They are of two k ind s : (1) Of l a w ; and (2)
nlzee.
of fact. Code N. Y. � 248; Hev. Code Iowa
1880. § 2737; Code Ci vii Proc. Cal. § 588.
ISH. In Scotch law. The period of the Issues are classi fi ed and distinguished as
termination of a tack or lease. 1 Bligh, 522. follows:
General and special. The former is raised
ISLAND. A piece of land surrounded by
by a plea whicb briefly and direclly travers�s
water.
the whole declaration, such as " not gu ilty "
ISSINT. A law F rench ter m . m ean ing or "non assumpsit. n The latter is formed
.. thus," "so," giving its name to paJ't of a when tho defendant chooses one single ma­
plea in debt. terial point, which he traverses, aull res ts
bis whol(' case upon its determination.
ISSUABLE. In practice. Lellding to or Mate1'ial and immaterial. They fLre 80
producing an issue; relating to uu issue or described acco rding as tlwy do or do not
issues. bring up some material point o r questio n
whicb. when uetermiued by the verdict, will
ISSU ARLE PLEA. A pl ea to the mer­
dispose of the whole merits uf the case, and
its ; a traversable plea. A plea such that the
leav e DO u n ce rtain ty as to the j ud gm ent.
mJverse party can join issue upon it ano go
Formal and informal. The fanner spe..
to trial.
cies of isslie is aile framed i n strict accord­
It. is true a plea. In a.batement is a plea, and, lr it
be properly pleaded, Issues may be found on it. ance with the technical rules o f pl ead i n g.
In the ordina.ry meaning 01' the word "plea, tt and The latter arises when the material �'llega.­ J
of the word " issuable, " such pleas may be called tiona of the declaration are traversed, but i n
IIlssuable plel1$, " but, when these two words a.re
an i nurtificial or uutechnical mode.
used together. "issua.ble plea... .. or "issuable de_
fense, " they have a.techn ical meaning, to-wit Real or feigned. A real issue is one
,
pleas to the merits. 44 Ga.. 434. formed i n a regu lar manlier in a reg ular suit
for the pu rpose of uetermining an actual con­
K
I S S U A B L E TERMS. In the Cormer
troversy . A feigned issue is one made up
practice of the English courts. Hilary term
by directi on of the court, upon a su pposed
and 'f rinity term were called .. issuable
case, for the purpose of obtaining the \ erdict
terms, " iJecause the issues to be tried a t the
asgizes were made up at lhose terms. 3 Bl.
of a ju ry UpOh some question of fact coUal-
L
erally involved in the cause.
('omm. 353. But the distinction is superseded
Common issue is the narue gi ven to the is·
by the provisions of the judicature acts of
sue raised by the plea of non est factum to
1873 and 1875.
an action for breach of covenant.
ISSUE, t). To send forth; to emit; to I n real law. Descelllianls. All persom M
prom ulgate; as, an oOicer i�s'Ues orders, p ro- who have descended from a. common ancest�r
 ISSUE 646 ITER

8 Ves. 257; 17 Ves. 481; 19 Ves. 547; I Rop. ITA QUOD. In old practice. Sothal
Leg. 90. Formal words in writs. Ita quod habeas
In this senS6, the word inoludes not only a. child corpus. so that you have the body. 2 Mod.
or children, but all other dE'l..ceudants in whatever 180.
degrco ; snd it is so construed generally in deeds.
The name of the stIpulation in a submis.
But, when used in wills, it is, of course, subject to
the rule of construction that tbe intention of the sian to arbitration which begins with the
testator, as asccrtaj.ned from the will, is to have words "so as [ita quod] the award be made
etroct, rather than the technical meatling of the of and upon the premises.1I
language used by him; and honce issue may, in
911Cb a connectiou, be restricted to children, or to In old conveyancing. So that. An ex·
descendants living at the death of the testator, pression which, when used in adeed, former­
where such an iowetloD clearly appears. Abbott. ly made an estate upon condition. Lltt.
In business law. A class or series of § 329. Sheppard enumerates it among tbe
bonds, debentures, etc., comprising all that three words that are most proper to make an
are emitted at one and the same time. eslate conditional. Shep. Touch. 121, 122.
ISSUE IN FACT. In pleading. An Ita semper flat relatio ut valent dis·
issue taken upon 01' comlisting of matter of p ositio. 6 Coke, 76. Let the interpretation
lact. tbe fact only, and not tbe law being be always such that the disposition may pr�
disputed, and wbicll is to be tried by a jury. vail.
3 HI. Comm. 314, 315; Co. Litt. 126a .. 3
Stepb. Comm. 572. See Code Civil Proc. Cal. ITA TE DEUS ADJUVET. Lat. So
§ 590. help yon God. The old form of administer­
ing an oath in England, generally in connec·
ISSUE IN LAW. In pleading. Anissue tion with other words, t.hus: Ita te DetU
upon matter of law, or consisting of matter adjuvet, et saC1'osancta Dei Evangelia, So
of law, being produced by a demurrer o n t.lle help you God, and God 's holy Evangelista.
one side, and a joinder in demu rrer on the Ita te Deus adj-uvet et omnes sancti, So b elp
other. 8 Bl. Comrn. 314; 3 Steph. Comm. you God and all tbe saints. Will .., 338.
572. 580. See Code Civil Proc. Cal. § 589.
Ita utere tuo ut alienum non lredas.
ISSUE ROLL. In English practice. A Use ' your own property and your own rights
roll upon which tbe issue in actions at law in slich a way that yOll will not hurt your
was formerly required to be entered, the roll neighbor, or prevent him from enjoying his.
being entitled of the term in which the issue Frequently written, "Sic ute'J'e tuo, " etc.,
was jOined. 2 Tidd. Pr. 733. It was not, (g. v.)
however, the practice to enter the is�me at
full length, i f triable by the co untry , until ITEM. Also; likewise; again. This word
after the trial. iJut only to make an inctpit'ur was formerly used to mtll'k the begi nning of
on the roll. rd. 784. a new paragraph 01' division after the first.
whence is derived the common application of
ISSUES. In English la w. The goods it to denote a separate or distinct particular
and profits of lhe lands of a defendant Ilgainst of an accollllL or lJilJ.
whom a writ of distrtngas or dist1'OSS i1�(inite The word is someti m es usell as a verb.
has been issu ed , taken by virtue of such " The whole [costs] i n this case that was thus
writ, are called "issues. " S BI. Comm. 2tiOj itemed to counsel. " Buob. p. 16-:::1., caSEl 233.
I Chit.. Crim. Law, 351.

ITER. In the civil law. .A way; a

ITA EST. Lat.
So it is j so it stands.
In modern civil law, this phrase is a (arm of
attest,ltion added to exempli ficliLions from a
notary's register when the same are made by
the succeSSor i n omceof t.he notary who made
the original entries.
ITA LEX SCRIPTA EST. Lat. So
the law is written. Dig. 40. 9. 12. The law
must be obeyed notwithstanding tile apparent
rigor of its application. 3 ill. Corum. 430.
We must be content wit.h the Jaw as it stands,
without inquiring i nto its reasons. 1 HI.
ri gh t way belonging as a servitude to an
of
estate i n the country, (p1'ccdiu,m rusticum .)
The right of way was of three kin ds : (1)
iter. a rigllt to walk, or ride on horseback,
or in a litter; (2) actus, a right to dri ve a
beast or vehiclej (3) via, a full right of way,
comprising right to walk or ritle. or drive
beast or carriage, lleinec. § 408. Or, as
some think, they were distinguished by the
wi dth of the objects which could ue rightfully
carried over the way; e. g., via. 8 feet; actus,
4 reet etc. Mackeld. Rom. Law, § 290;
,

Comm . 32. JJract. fol. 232; 4 Bell, H. L. Se. 390.

 ITER 647 IULE

In old English law. .A journey, ..p&­ 56a; lost. 2, 8, pr. ; Mackeld. Rom. Law.
�aUy a circuit made by a j ustice in eyre, or § 318.
itinerant justice, to try causes according to
ITERATIO. Repetition. In the Rom.n
bis own mission. Du Cange; Bract. lib. 3,
law. a bonitary ownermight liberate 8 slave,
oc. 11, 12, 13.
and the quiritary owner's repetition (iteratio)
In maritime law. A way or route. The
of the process effected a complete manumis­
rout& or direction of a voyage; the route or
sion. Brown.
way that is taken to make the voyage assured.
DistinguiBhed from the voyage itself. ITINERA. Eyrest or circuits. 1 Reeve,
Eng. Law, 52.
Iter est jus eundi, ambulandi hominis ;
Don etiam jumentum agendi vel vehicu· ITINERANT. Wandering ; traveling;
lum. A way Is tbe right of going or walk­ applied to justice. who make circuit•.
ing. and does Dot include the right of driving
.. beast of burden or a carriage. Co. Litt. IDLE. In old Engll8h law. ChriJJtm...

II