Traducciones Juradas de Inglés Sevilla

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I. The initial letter of the word "Insti-tuta" used by some civilians in citing the Institutes of Justinian. Tayl. Civil Law, 24.
I—CTUS. An abbreviation for "juriscon-sultus," one learned in the law; a juriscon­sult
I. E. An abbreviation for "id est," that is; that is to say.
I O U. A memorandum of debt, consist­ing of these letters, ("I owe you,") a sum of money, and the debtor's signature, is termed an "I O U." Kinney v. Flynn, 2R.I. 329.
IBERNAGIUM. In old English law. Th« season for sowing winter corn. Also spelled "hibernagium" and "hybernagium."
Ibi temper debet fieri triatio uhi jura-tores meliorem possunt habere notitiam.
7 Coke, 1&. A trial should always be had where the jurors can be the best informed.
IBIDEM. Lat In the same place; in the same book; on the same page, etc. Ab­breviated to "ibid." or "i&."
ICENI. The ancient name for the people of Suffolk, Norfolk, Cambridgeshire, and Huntingdonshire, in England.
ICON A. An image, figure, or representa­tion of a thing. Du Cange.
ICTUS. In old English law. A stroke or blow from a club or stone; a bruise, con­tusion, or swelling produced by a blow from a club or stone, as distinguished from "plaga," (a wound.) Fleta, lib. 1, c. 41, § 3.
—Ictus orbis. In medical jurisprudence. A maim, a bruise, or swelling; any hurt without cutting the skin. When the skin is cut, the in­jury is called a "wound." Bract, lib. 2, tr. 2, cc. 5, 24.
Id certum est quod certum reddi po­test. That is certain which can be made certain. 2 Bl. Oomm. 143; 1 Bl. Comm. 78; 4 Kent, Comm. 462; Broom, Max. 624.
Id certum est quod certum reddi po­test, sed id magis certum est quod de semetipso est certum. That is certain which can be made certain, but that is more certain which is certain of itself. 9 Coke, 47a.
ID EST. Lat That is. Commonly ab­breviated "i. e."
Id perfectum est quod ex omnibus suis partibus constat. That is perfect which consists of all its parts. 9 Coke, 9.
Id possumus quod de jure possumus*
Lane, 116. We may do only that which by law we are allowed to do.
Id quod est magis remotum, non trabit ad se quod est magis junctum, sed e con-trario in omni casu. That which is more remote does not draw to itself that which is nearer, but the contrary in every case. Co. Litt 164.
Id quod nostrum est sine facto nostro ad alium transferor! non potest. That which is ours cannot be transferred to an­other without our act. Dig. 50, 17, 11.
Id solum nostrum quod debitis deductis nostrum est. That only is ours which re­mains to us after deduction of debts. Tray. Lat. Max. 227.
IDEM. Lat The same. According to Lord Coke, "idem" has two significations, sc, idem syllabis set* verbis,, (the same in syllables or words,) and idem re et sensu, (the same in substance and in sense.) 10 Coke, 124a.
In old practice. The said, or aforesaid; said, aforesaid. Distinguished from "pros-dtistus" in old entries, though having the same general signification. Townsh. PI. 15, 16.
Idem agens et patiens esse non potest.
Jenk. Cent. 40. The same person cannot be both agent and patient; i. e., the doer and person to whom the thing is done.
Idem est facere, et non probibere cum possis; et qui non prohibit, cum pro­bibere possit, in culpa est, (aut jubet.)
3 Inst. 158. To commit, and not to prohibit when in your power, is the same thing; and he who does not prohibit when he can pro­hibit is in fault, or does the same as order­ing it to be done.
Idem est nihil dicere, et insufELcienter dicere. It is the same thing to say noth­ing, and to say a thing insufficiently. 2 Inst. 178. To say a thing in an insufficient manner is the same as not to say it at all. Applied to the plea of a prisoner. Id.
Idem est non esse, et non apparere.
It is the same thing not to be as not to ap­pear. Jenk. Cent. 207. Not to appear is the same thing as not to be. Broom, Max. 165.
Idem est non probari et non esse; non deficit jus, sed probatio. What is not proved and what does not exist are the


same; It is not a defect of the law, but of proof.
Idem est scire ant scire debere ant 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 illustration of a kind that really adds no additional element to the considera­tion of the question.
Idem semper antecedent! proximo refertnr. Co. Litt. 685. "The same" is always referred to its next antecedent.
IDEM SONANS. Sounding the same or alike; having the same sound. A term ap­plied to names which are substantially the same, though slightly varied in the spelling, as "Lawrence" and "Lawrance," and the like. 1 Cromp. & M. 806; 3 Chit Gen. Pr. 171.
Two names are said to be "idem gonantes" if the attentive ear finds difficulty in distinguish­ing them when pronounced, or if common and long-continued usage has by corruption or ab­breviation made them identical in pronuncia­tion. State v. Grime, 118 Mo. 188, 23 S. W. 878. The rule of "idem sonans" is that abso­lute accuracy in spelling names is not required in a legal document or proceedings either civil or criminal; that if the name, as spelled in the document, though different from the correct spelling thereof, conveys to the ear, when pro­nounced according to the commonly accepted methods, a sound practically identical with the correct name as commonly pronounced, the name thus given is a sufficient identification of the individual referred to, and no advantage can be taken of the clerical error. Hubner v. Reick-hoff, 103 Iowa, 368, 72 N. W. 540, 64 Am. St. Rep. 191. But the doctrine of "idem sonans" has been much enlarged by modern decisions, to conform to the growing rule that a variance, to be material, must be such as has misled the op­posite party to his prejudice. State v. White, 34 S. C. 59, 12 S. E. 661, 27 Am. St. Rep. 783.
IDENTIFICATION. Proof of identity; the proving that a person, subject, or ar­ticle before the court is the very same that he or it is alleged, charged, or reputed to be; as where a witness recognizes the prisoner at the bar as the same person whom he saw committing the crime; or where handwrit­ing, stolen goods, counterfeit coin, etc., are recognized as the same which once passed under the observation of the person identi­fying them.
Identitas vera colligitnr ex mnltitn-dine signornm. True identity is collected from a multitude of signs. Bac. Max.
IDENTITATE NOMINIS. In English law. An aacient writ (now obsolete) which lay for one taken and arrested in any per­sonal action, and committed to prison, by mistake for another man of the same name. Fitzh. Nat Brev. 267.
IDENTITY. In the law of evidence.
Sameness; the fact that a subject, person, or'thing before a court is the same as it is represented, claimed, or charged to be. See Burrill, Circ. Ev. 382, 453, 631, 644.
In patent law. Such sameness between two designs, inventions, combinations, etc., as will constitute the one an infringement of the patent granted for the other.
To constitute "identity of invention," and therefore infringement, not only must the re­sult obtained be the same, but, in case the means used for its attainment is a combination of known elements, the elements combined in both cases must be the same, and combined in the same way, so that each element shall per­form the same function; provided that the dif­ferences alleged are not merely colorable ac­cording to the rule forbidding the use of known equivalents. Electric Railroad Signal Co v. Hall Railroad Signal Co., 114 U. S. 87, 5 Sup. Ct. 1069, 29 L. Ed. 96; Latta v. Shawk, 14 Fed. Cas. 1188. "Identity of design" means sameness of appearance, or, in other words, sameness of effect upon the eye,—not the eye of an expert, but of an ordinary intelligent ob­server. Smith v. Whitman Saddle Co., 148 U. S. 674, 13 Sup. Ct 768, 37 L. Ed. 606.
IDEO. Lat Therefore. Calvin.
Therefore it is considered. These were the words used at the beginning of the entry of judgment in an action, when the forms were in Latin. They are also used as a name for that portion of the record.
IDES. A division of time among the Romans. In March, May, July, and Octo­ber, the Ides were on the 15th of the month; in the remaining months, on the 13th. This method of reckoning is still retained in the chancery of Rome, and in the calendar of the breviary. Wharton.
IDIOCHIRA. Grseco-Lat. In the civil law. An instrument privately executed, as distinguished from such as were executed before a public officer. Cod. 8, 18, 11; Cal­vin.
IDIOCY. See Insanity.
IDIOT. A person who has been without understanding from his nativity, and whom the law, therefore, presumes never likely to attain any. Shelf. Lun. 2. See Insanity.
IDIOTA. In the civil law. An un­learned, illiterate, or simple person. Cal­vin. A private man; one not in office.
In common law. An idiot or fool.
This is the name of an old writ which di­rects the sheriff to inquire whether a man be an idiot or not. The inquisition is to be made by a jury of twelve men. Fitzh. Nat Brev. 232. And, if the man were found an Idiot, the profits of his lands and the cus­tody of his person might be granted by the

king to any subject who had interest enough to obtain them. 1 Bl. Comm. 303.
SE. To purge one's self by oath of a crime •f which one is accused.
EDONEUS. Lat. In the civil and com­mon law. Sufficient; competent; fit or proper; responsible; unimpeachable. Ido-neus homo, a responsible or solvent person; a good and lawful man. Sufficient; ade­quate; satisfactory. Idonea cautio, suffi­cient security.
IDONIETAS. In old English law. Abil­ity or fitness, (of a parson.) Artie. Cleri, c. 13.
IF. In deeds and wills, this word, as a rule, implies a condition precedent, unless it be controlled by other words. 2 Crabb, Real Prop. p. 809, § 2152; Sutton v. West, 77 N. O. 431.
IFUNGIA. In old English law. The fin­est white bread, formerly called "cocked bread." Blount
IGIilSE. L. Fr. A church. Kelham. Another form of "eglise."
IGNIS JUDICIUM. Lat The old ju­dicial trial by fire. Blount
IGNITEGIUM. In old English law. The curfew, or evening bell: Cowell. See Cubfew.
IGNOMINY. Public disgrace; infamy; reprouch; dishonor. Ignominy is the op­posite of esteem. Wolff, § 145. See Brown v. Kingsley, 38 Iowa, 220.
IGNORAMUS. Lat. "We are igno­rant;" "We ignore it." Formerly the grand jury used to write this word on bills of in­dictment when, after having heard the evi­dence, they thought the accusation against the prisoner was groundless, intimating that, though the facts might possibly be true, the truth did not appear to them; but now they usually write in English the words "Not a true bill," or "Not found," if that is their verdict; but they are still said to ignore the bill. Brown.
IGNORANCE. The want or absence of knowledge.
Ignorance of law is want of knowledge or acquaintance with the laws of the land in so far as they apply to the act, relation, duty, or matter under consideration. Igno­rance of fact is want of knowledge of some fact or facts constituting or relating to the subject-matter in hand. Marshall v. Cole­man, 187 111. 556, 58 N. E. 628; Haven v. Foster, 9 Pick. (Mass.) 130, 19 Am. Dec. 353.
Ignorance is not a state Of the mind in the sense in which sanity and 'nsanity are. When
the mind is ignorant of a fact, its condition still remains sound; the power of thinking, of judging, of willing, is just as complete before communication of the fact as after; the essence or texture, so to speak, of the mind, is not, as in the case of insanity, affected or impaired. Ignorance of a particular fact consists in this: that the mind, although sound and capable of healthy action, has never acted upon the fact in question, because the subject has never been brought to the notice of the perceptive faculties. Meeker v. Boylan, 28 N. J. Law, 274.
Synonyms. "Ignorance" and "error" or "mistake" are not convertible terms. The former is a lack of information or absence of knowledge; the latter, a misapprehension or confusion of Information, or a mistaken supposition of the possession of knowledge. Error as to a fact may imply ignorance of the truth; but ignorance does not necessari­ly imply error. Hutton v. Edgerton, 6 Rich. (S. C.) 489; Culbreath v. Culbreath, 7 Ga. 70, 50 Am. Dec. 375.
Essential ignorance is ignorance in re­lation to some essential circumstance so inti­mately connected with the matter in question, and which so influences the parties, that it in­duces them to act in the business. Poth. Vente, nn. 3, 4; 2 Kent, Comm. 367. Non-essential or accidental ignorance is that which has not of itself any necessary connection with the business in question, and which is not the true consideration for entering into the contract. In­voluntary ignorance is that which does not proceed from choice, and which cannot be over­come by the use of any means of knowledge known to a person and within his power; as the ignorance of a law which has not yet been promulgated. Voluntary ignorance exists when a party might, by taking reasonable pains, have acquired the necessary knowledge. For ex­ample, every man might acquire a knowledge of the laws which have been promulgated. Doct & Stud. 1, 46; Plowd. 343.
IGNORANTIA. Lat Ignorance; want of knowledge. Distinguished from mistake, (error,) or wrong conception. Mackeld. Rom. Law, § 178; Dig. 22, 6. Divided by Lord Coke into ignorantia facti (ignorance of fact) and ignorantia juris, (ignorance of law.) And the former, he adds, is twofold,—lec-tionis et lingua, (ignorance of reading and ignorance of language.) 2 Coke, 36.
Ignorantia eorum quae quis scire ten-etur non excusat. Ignorance of those things which one is bound to know excuses not. Hale, P. C. 42; Broom, Max. 267.
Ignorantia facti excusat. Ignorance of fact excuses or is a ground of relief. 2 Coke, So. Acts done and contracts made under mistake or ignorance of a material fact are voidable and relievable in law and equity. 2 Kent, Comm. 491, and notes.
Ignorantia facti excusat, ignorantia juris non excusat. Ignorance of the fact excuses; ignorance of the law excuses not. Every man must be taken to be cognizant of the law; otherwise there 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, neminem excusat. Ignorance of the [or a] law, which every one is bound to know, excuses no man. A mistake in point of law is, in criminal cases, 'no sort of de­fense. 4 Bl. Comm. 27; 4 Steph. Comm. 81; Broom, Max. 253; 7 Car. & P. 456. And, in civil cases, ignorance of the law, with a full knowledge of the facts, furnishes no ground, either in law or equity, to rescind agreements, or reclaim money paid, or set aside solemn acts of the parties. 2 Kent, Comm. 491, and note.
Ignorantia juris sui non prsejudicat juri. Ignorance of one's right does not prej­udice the right. Lofft, 552.
Ignorantia legis neminem excusat. Ig­norance of law excuses no one. 4 Bouv. Inst. no. 3828; 1 Story, Eq. Jur. | 111; 7 Watts, 374.
IGNORATIO ELENCHI. Lat. A term of logic, sometimes applied to pleadings and to arguments on appeal, which signifies a mistake of the question, that is, the mistake of one who, failing to discern the real ques­tion which he is to meet and answer, ad­dresses his allegations or arguments to a collateral matter or something beside the point See Case upon the Statute for Dis­tribution, Wythe (Va.) 309.
Ignoratis terminis artis, ignoratur et ara. Where the terms of an art are un­known, the art itself is unknown also. Co. Litt. la.
IGNORE. 1. To be ignorant of, or un­acquainted with.
2.To disregard willfully; to refuse to recognize; to decline to take notice of. See Cleburne County v. Morton, 69 Ark. 48, 60 S. W. 307.
3.To reject as groundless, false or un­supported by evidence; as when a grand jury ignores a bill of fndictment.
Ignoscitur ei qui sanguinem suum qualiter redemptum voluit. The law
holds him excused from obligation who chose to redeem his blood (or life) upon any terms. Whatever a man may do under the fear of losing his life or limbs will not be held bind­ing upon him in law. 1 Bl. Comm. 131.
IKENILD STREET. One of the four great Roman roads in Britain; supposed to be so called from the Iceni.
ILL. In old pleading. Bad; defective in law; null; naught; the opposite of good or valid.
ILL FAME. Evil repute; notorious Dad character. Houses of prostitution, gaming
houses, and other such disorderly places are called "houses of ill fame," and a person who frequents them is a person of III fame. See Boles v. State, 46 Ala. 206.
ILLATA ET INVECTA. Lat Things brought into the house for use by the ten­ant were so called, and were liable to the jus hypothecs of Roman law, just as they are to the landlord's right of distress at common law.
ILLEGAL. Not airthorized by law; il­licit; unlawful; contrary to law.
Sometimes this term means merely that which lacks authority of or support from law; but more frequently it imports a violation. Etymo-logically, the word seems to convey the nega­tive meaning only. But in ordinary use it has a severer, stronger signification; the idea of censure or condemnation for breaking law is usually presented. But the law implied in il­legal is not necessarily an express statute. Things are called "illegal" for a violation of common-law principles. And the term does not imply that the act spoken of is immoral or wicked; it implies only a breach of the law. See State v. Haynorth, 3 Sneed (Tenn.) 65; Tiedt v. Carstensen, 61 Iowa, 334, 16 N. W. 214; Chadbourne v. Newcastle, 48 N. H. 199; People v. Kelly, 1 Abb. Prac N. S., (N. Y.) 437; Ex parte Scwartz, 2 Tex. App. 80.
—Illegal conditions. All those that are im­possible, or contrary to law, immoral, or re­pugnant to the nature of the transaction.—Il­legal contract. An agreement to do any act forbidden by the law, or to omit to do any act enjoined by the law. Billingsley v. Clelland, 41 W. Va. 243, 23 S. EL 816.—Illegal inter­est. Usury; interest at a higher rate than the law allows. Parsons v. Babcock, 40 Neb. 119, 58 N. W. 726.—Illegal trade. Such traf­fic or commerce as is carried on in violation of the municipal law, or contrary to the law of nations. See Illicit.
ILLEGITIMACY. The condition before the law, or the social status, of a bastard; the state or condition of one whose parents were not intermarried at the time of his birth. Miller v. Miller, 18 Hun (N. Y.) 509; Brown v. Belmarde, 3 Kan. 52.
ILLEGITIMATE. That which is con­trary to law; it is usually applied to bas­tards, or children born out of lawful wed­lock.
The Louisiana Code divided illegitimate chil­dren into two classes: (1) Those born from two persons who, at the moment when such children were conceived, could have lawfully intermarried; and (2) those who are born from persons to whose marriage there existed at the time some legal impediment. Both classes, however, could be acknowledged and take by devise. Compton v. Prescott, 12 Rob. (La.) 56.
ILLEVIABLE. Not leviable; that can­not or ought not to be levied. Cowell.
ILLICENCIATTTS. In old English law. Without license. Fleta, lib. 3, c. 5, § 12.
ILLICIT. Not permitted or allowed; pro­hibited; unlawful; as an illicit trade; U-


lidt intercourse. State v. Miller, 60 Vt. 90, 12 AH. 526.
—Illicit connection. Unlawful sexual inter­course. State t. King, 9 S. D. 628, 70 N. W. 1046.—Illicit cohabitation. The living to­gether as man. and wife of two persons who are not lawfully married, with the implication that they habitually practice fornication. See Rex v. Kalailoa, 4 Hawaii, 41.—Illicit distillery. One carried on without a compliance with the provisions of the laws of the United States relating to the taxation of spirituous liquors. U. S. v. Johnson (a C.) 26 Fed. 684.—Illicit trade. Policies of marine insurance usually contain a covenant of warranty against "illicit trade," meaning thereby trade which is for­bidden, or declared unlawful, by the laws of the country where the cargo is to be delivered. "It is not the same with 'contraband trade,' although the words are sometimes used as synonymous. Illicit or prohibited trade is one which cannot be carried on without a distinct violation of some positive law of the country where the transaction is to take place." 1 Pars. Mar. Ins. 614.
ILLICITE. Lat. Unlawfully. This word has a technical meaning, and is requisite in an indictment where the act charged is un­lawful; as in the case of a riot. 2 Hawk. P. C. c. 25, § 96.
ELLICITUM COLLEGIUM. Lat An il­legal corporation.
ILLITERATE. Unlettered; ignorant; unlearned. Generally used of one who can­not read and write. See In re Succession of Carroll, 28 La. Ann. 388.
ILLOCABLE. Incapable of being placed out or hired.
ILLUD. Lat. That
Hind, quod alias licitum non est, ne-cessitas facit Iicitn.m; et necessitas in-ducit privileginm quoad jura privata.
Bac. Max. That which is otherwise not per­mitted, necessity permits; and necessity makes a privilege as to private rights.
Illud, quod alter! unitur, extinguitur, neque amplius per se vacare licet.
Godol. Ecc. Law, 169. That which is unit­ed to another is extinguished, nor can it be any more independent.
ILLUSION. In medical jurisprudence. An image or impression in the mind, excited by some external object addressing itself to one or more of the senses, but which, in­stead of corresponding with the reality, is perverted, distorted, or wholly mistaken, the error being attributable to the imagination of the observer, not to any defect in the or­gans of sense. See Hallucination, and see "Delusion," under Insanity.
ILLUSORY. Deceiving by false appear­ances; nominal, as distinguished from sub­stantial.
—Illusory appointment. Formerly the ap­pointment of a merely nominal share of the
property to one of the objects of a power, in order to escape the rule that an exclusive ap­pointment could not be made unless it was au­thorized by the instrument creating the power, was considered illusory and void in equity. But this rule has been abolished in England.-(1 Wm. IV. c 46; 37 & 38 Vict. c. 37.) Sweet. See Ingraham v. Meade, 3 Wall. Jr. 32, 13 Fed. Cas. 50.—Illusory appointment act. The statute 1 Wm. IV. c. 46. This statute enacts that no appointment made after its passing, (July 16, 1830,) in exercise of a power to ap­point property, real or personal, among several objects, shall be invalid, or impeached in eq­uity, on the ground that an unsubstantial, il­lusory, or nominal share only was thereby ap­pointed, or left unappointed, to devolve upon any one or more of the objects of such power; but that the appointment shall be valid in equity, as at law. See, too, 37 & 38 Vict c. 37. Wharton.
ILLUSTRIOUS. The prefix to the title of a prince of the blood in England.
IMAGINE. In English law. In cases of treason the law makes it a crime to imag­ine the death of the king. But, in order to complete the crime, this act of the mind must be demonstrated by some overt act The terms "imagining" and "compassing" are in this connection synonymous. 4 BL Comm. 78.
IMAN, IMAM, or IMAUM. A Moham­medan prince having supreme spiritual as well as temporal power; a regular priest of the mosque.
IMBARGO. An old form of "embargo," (q. v.) St. 18 Car. II. c. 5.
mixing the specie with an alloy below the standard of sterling. 1 Hale, P. C. 102.
IMBECILITY. See Insanity.
EMBEZZLE. An occasional or obsolete form of "embezzle," (g. v.)
IMBLADARE. In old English law. To plant or sow grain. Bract fol. 1766.
IMBRACERY. See Embbacery.
IMBROCUS. A brook, gutter, or water-passage. Cowell.
IMITATION. The making of one thing in the similitude or likeness of another; as, counterfeit coin is said to be made "in imita­tion" of the genuine. An imitation of a trade-mark is that which so far resembles the genuine trade-mark as to be likely to in­duce the belief that it is genuine, whether by the use of words or letters similar in ap­pearance or in sound, or by any sign, device, or other means. Pen. Code N. Y. 1903, § 368; Wagner v. Daly, 67 Hun, 477, 22 N. Y. Supp. 493; State v. Harris, 27 N. C. 294.


IMMATERIAL. tfot material, essential, or necessary; not important or pertinent; not decisive.
—Immaterial averment An averment al­leging with needless particuJ>j rity or unneces­sary circumstances what is material and neces­sary, and which might properly have been stat­ed more generally, and without such circum­stances and particulars; or, in other words, a statement of unnecessary particulars in con­nection with and as descriptive of what is ma­terial. Gould, PI. c. 3, § 188; Pharr v. Bach­elor, 3 Ala. 245; Green v. Palmer, 15 Cal. 416, 76 Am. Dec. 492; Dunlap v. Kelly, 105 Mo. App. 1, 78 S. W. 664.—Immaterial is­sue. In pleading. An issue taken on an im­material point", that is, a point not proper to decide the action. Steph. PI. 99, 130; 2 Tidd, Pr. 921.
IMMEDIATE. 1. Present; at once; without delay; not deferred by any interval of time. In this sense, the word, without any very precise signification, denotes that action is or must be taken either instantly or without any considerable loss of time.
Immediately does not, in legal proceedings, necessarily import the exclusion of any inter­val of time. It is a word of no very definite signification, and is much in subjection to its grammatical connections. Howell Y. Gaddis, 31 N. J. Law, 313.
2. Not separated in respect to place; not separated by the intervention of any inter­mediate object, cause, relation, or right. Thus we speak of an action as prosecuted for the "immediate benefit" of A., of a devise as made to the "immediate issue" of B., etc.
—Immediate cause. The last of a series or chain of causes tending to a given result, and which, of itself, and without the intervention of any further cause, directly produces the result or event. A cause may be immediate ini this sense, and yet not "proximate;" and con­versely, the proximate cause (that which di­rectly and efficientlv brings about the result) may not be immediate. The familiar illus­tration is that of a drunken man falling into the water and drowning. His intoxication is the proximate cause of his death, if it can be said that he would not have fallen into the water when sober; but the immediate cause of death is suffocation by drowning. See Davis v. Standish. 26 Hun (N. Y.), 615; Deisenrieter v. Kraus-Merkel Malting Co., 97 Wis. 279, 72 N. W. 735. Compare Longabaugh v. Railroad Co., 9 Nev. 271. See, also, Proximate.—Im­mediate descent. See Descent.
IMMEDIATELY. "It is impossible to lay down any hard and fast rule as to what is the meaning of the word 'immediately' in all cases. The words 'forthwith' and 'im­mediately' have the same meaning. They are stronger than the expression 'within a reasonable time,' and imply prompt, vigor­ous action, without any delay, and whether there has been such action is a question of fact, having regard to the circumstances of the particular case." Cockburn, C. J., in Reg. v. Justices of Berkshire, 4 Q. B. Div. 471.
IMMEMORIAL. Beyond human mem­ory; time out of mind.
—Immemorial possession. In Louisiana. Possession of which no man living has seen
the beginning, and the existence of which he has learned from his elders. Civ. Code La. art. 762 —Immemorial usage. A practice which has existed time out of mind; custom; prescription. Miller v. Garlock, 8 Barb. (N. Y.) 154.
IMMEUBLES. Fr. These are, in French law, the immovables of English law. Things are immeubles from any one of three causes: (1) From their own nature, e. g., lands and houses; (2) from their destina­tion, e. g., animals and instruments of agri­culture when supplied by the landlord; or (3) by the object to which they are annexed, e. g., easements. Brown.
IMMIGRATION. The coming into a country of foreigners for purposes of per­manent residence. The correlative term "emigration" denotes the act of such per­sons in leaving their former country.
IMMINENT DANGER. In relation to homicide in self-defense, this term means immediate danger, such as must be instant­ly met, such as cannot be guarded against by calling for the assistance of others or the protection of the law. TL S. v. Onter-bridge, 27 Fed. Cas. 390; State v. West, 45 La. Ann. 14, 12 South. 7; State v. Smith, 43 Or. 109, 71 Pac. 973. Or, as otherwise defined, such an appearance of threatened and impending injury as would put a rea­sonable and prudent man to his instant de­fense. State v. Fontenot, 50 La. Ann. 537, 23 South. 634, 69 Am. St. Rep. 455; Shorter v. People, 2 N. Y. 201, 51 Am. Dec. 286.
IMMISCERE. Lat In the civil law. To mix or mingle with; to medCle with; to join with. Calvin.
IMMITTERE. Lat. In the civil law.
To put or let into, as a beam into a wall. Calvin; Dig. 50, 17, 242, 1.
In old English law. To put cattle on % common. Fleta, lib. 4, c. 20, § 7.
Immobilia situm sequuntur. Immova­ble things follow their site or position; are governed by the law of the place where they are fixed. 2 Kent, Comm. 67.
IMMOBILIS. Lat. Immovable. Immo-Mlia or res immoMles, immovable things, such as lands and buildings. Mackeld. Rom. Law, § 160.
IMMORAL. Contrary to good morals; inconsistent with the rules and principles of morality which regard men as living in a community, and which are necessary for the public welfare, order, and decency.
—Immoral consideration. One contrary to good morals, and therefore invalid. Contracts based upon an immoral consideration are gen­erally void.—Immoral contracts. Contracts founded upon considerations contra bonot more* are void.


IMMORALITY. That which is contra bonos mores. See Immoral.
IMMOVABLES. In the civil law. Prop­erty which, from its nature, destination, or the object to which it is applied, cannot move itself, or be removed.
Immovable things are, in general, such as cannot either move themselves or be removed from one place to another. But this defini­tion, strictly speaking, is applicable only to such things as are immovable by their own nature, and not to such as. are so only by the disposition of the law. Civ. Code La. art. 462; Mt Carmel Fruit Co. v. Webster, 140 Cal. 183, 73 Pac. 826; Sullivan v. Richard­son, 33 Fla. 1, 14 South. 692.
IMMUNITY. An exemption from serv­ing in an office, or performing duties which the law generally requires other citizens to perform. Long v. Converse, 91 U. S. 113, 23 L. Ed. 233; Ex parte Levy, 43 Ark. 54, 51 Am. Rep. 550; Lonas v. State, 3 Heisk. (Tenn.) 306; Douglass v. Stephens, 1 Del. Ch. 476.
IMPAIR. To weaken, diminish, or relax, or otherwise affect in an injurious manner. Davey v. iEtna L. Ins. Co. (C. C.) 20 Fed. 482; State v. Carew, 13 Rich. Law (S. C.) 541, 91 Am. Dec. 245; Swinburne v. Mills, 17 Wash. 611, 50 Pac. 489, 61 Am. St. Rep. 932.
IMPAIRING THE OBLIGATION OF CONTRACTS. For the meaning of this phrase in the constitution of the United States, see 2 Story, Const. §§ 1374-1399; 1 Kent, Comm. 413-422; Pom. Const. Law; Black, Const. Law (3d Ed) p. 720 et seq.
IMPANEL. In English practice. To
impanel a jury signifies the entering by the sheriff upon a piece of parchment, termed a "panel," the names of the jurors who have been summoned to appear in court on a certain day to form a jury of the country to hear such matters as may be brought before them. Brown.
In American practice. Besides the meaning above given, "impanel" signifies the act of the clerk of the court dn making up a list of the jurors who have been selected for the trial of a particular cause.
Impaneling has nothing to do with drawing, selecting, or swearing jurors, but means simply making the list of those who have been select­ed. Porter v. People, 7 How. Prac. (N. Y.)
IMPARCARE. In old English law. To impound. Reg. Orig. 926.
To shut up, or confine in prison. Inducti sunt in carcerem et imparcati, they were carried to prison and shut up. Bract fol. 124.
Bl.Law Dtct.(2d Ed.)—38
IMPARGAMENTUM. The right of Im­pounding cattle.
IMPARL. To have license to settle a litigation amicably; to obtain delay for ad­justment.
IMPARLANCE. In early practice, im­parlance meant time given to either of the parties to an action to answer the pleading of the other. It thus amounted to a con­tinuance of the action to a further day. Literally the term signified leave given to the parties to talk together; i. e., with a view to settling their differences amicably. But in modern practice it denotes a time given to the defendant to plead.
A general imparlance is the entry of a general prayer and allowance of time to plead till the next term, without reserving to the defendant the benefit of any exception; so that after such an imparlance the defendant cannot object to the jurisdiction of the court, or plead any mat­ter in abatement. This kind of imparlance is always from one term to another. Colby v. Knapp, 13 N. H. 175; Mack v. Lewis, 67 Vt 383, 31 Atl. 888.
A general special imparlance contains a saving of all exceptions whatsoever, so that the de­fendant after this may plead not only in abate­ment, but he may also plead a plea which af­fects the jurisdiction of the court, as privilege. He cannot, however, plead a tender, and that he was always ready to pay, because by craving time he admits that he is not ready, and so falsifies his plea.
A special imparlance reserves to the defend­ant all exceptions to the writ, bill, or count; and therefore after it the defendant may plead in abatement, though not to the jurisdiction of the court. 1 Tidd, Pr. 462, 463.
IMPARSONEE. L. Fr. In ecclesias­tical law. One who is inducted and in pos­session of a benefice. Parson imparsonee, (persona impersonata.) Cowell; Dyer, 40.
IMPATRONIZATION. In ecclesiastical law. The act of putting into full possession of a benefice.
IMPEACH. To accuse; to charge a lia­bility upon; to sue.
To dispute, disparage, deny, or contradict; as, to impeach a judgment or decree; or as used in the rule that a jury cannot "impeach their verdict" See Wolfgram v. Schoepke, 123 Wis. 19, 100 N. W. 1056.
To proceed against a public officer for crime or misfeasance, before a proper court, by the presentation of a written accusation called "articles of impeachment."
In the law of evidence. To call in ques­tion the veracity of a witness, by means of evidence adduced for that purpose.
IMPEACHMENT. A criminal proceed­ing against a public officer, before a quasi political court, instituted by a written accu­sation called "articles of impeachment;" for example, a written accusation by the house of representatives of the United States to


the senate of the United States against an officer.
In England, a prosecution by the house of commons before the house of lords of a com­moner for treason, or other high crimes and misdemeanors, or of a peer for any crime.
In evidence. An allegation, supported by proof, that a witness who has been ex­amined is unworthy of credit.
—Articles of impeachment. The formal written allegation of the causes for an im­peachment, answering the same purpose as an indictment in an ordinary criminal proceeding. —Collateral impeachment. The collateral impeachment of a judgment or decree is an attempt made to destroy or evade its effect as an estoppel, by reopening the merits of the cause or showing reasons why the judgment should not have been given or should not have a conclusive effect, in any collateral proceed­ing, that is, in any action or proceeding other than that in which the judgment was given, or other than an appeal, certiorari, or other di­rect proceeding to review it.—Impeachment of annuity. A term sometimes used in Eng­lish law to denote anything that operates as a hindrance, impediment or obstruction of the making of the profits out of which the annuity is to arise. Pitt v. Williams, 4 Adol. & Bl. 885.—Impeachment of waste. Liability for waste committed; or a demand or suit for com­pensation for waste committed upon lands or tenements by a tenant thereof who, having only a leasehold or particular estate, had no right to commit waste. See 2 Bl. Oomm. 283; San­derson v. Jones, 6 Fla. 480, 63 Am. Dec. 217. —Impeachment of witness. Proof that a witness who has testified in a cause is unworthy of credit. White v. Railroad Co., 142 Ind. 648, 42 N. E. 456; Com. v. Welch, 111 Ky. 530, 63 S. W. 984; Smith v. State, 109 Ga. 479. 35 S. E. 59.
IMPECHIARE. To impeach, to accuse, or prosecute for felony or treason.
IMPED IENS. In old practice. One who hinders; an impedient. The defendant or deforciant in a fine was sometimes so called. Cowell; Blount
IMPEDIMENTS In Spanish law. A prohibition to contract marriage, established by law between certain persons.
IMPEDIMENTS. Disabilities, or hin­drances to the making of contracts, such as coverture, infancy, want of reason, etc.
In the civil law. Bars to marriage.
Absolute impedimenta are those which prevent the person subject to them from marrying at all, without either the nullity of marriage or its being punishable. Diri-mant impediments are those which render a marriage void; as where one of the contract­ing parties is unable to marry by reason of a prior undissolved marriage. Prohibitive impediments are those which do not render the marriage null, but subject the parties to a punishment. Relative impediments are those which regard only certain persons with respect to each other; as between two par­ticular persons who are related within the prohibited degrees. Bowyer, Mod. Civil Law, 44, 45.
IMPEDITOR. In old English law. A disturber in the action of quare impedtk St Marlb. c 12.
IMPENS2E. Lat In the civil law. Ex­penses; outlays. Mackeld. Rom. Law, § 168; Calvin. Divided into necessary, (necessa-rice,) useful, (utiles,) and tasteful or orna­mental, (voluptuaries.) Dig. 50, 16, 79. See Id. 25, 1.
IMPERATIVE. See Dibectoby.
IMPERATOR. Emperor. The title of the Roman emperors, and also of the Kings of England before the Norman conquest Cod. 1, 14, 12; 1 Bl. Comm. 242. See Em-
IMPERFECT. As used in various legal compound terms, this word means defective or incomplete; wanting in some legal or formal requisite; wanting in legal sanction or effectiveness; as In speaking of imperfect "obligations," "ownership," "rights," "title," "usufruct" or "war." See those nouns.
Imperii majestas est tntelse sains. Co.
Litt. 64. The majesty of the empire is the safety of its protection.
IMPERITIA. Lat Unskillfulness; want of skill.
Imperitia culpse adnnmeratnr. Want of skill is reckoned as culpa; that is, as blam-able conduct or neglect Dig. 50, 17, 132.
Imperitia est maxima mechanicornm poena. Unskillfulness Is the greatest pun­ishment of mechanics; [that is, from its effect in making them liable to those by whom they are employed.] 11 Coke, 54a. The word "poena" in some translations is erroneously rendered "fault."
IMPERITTM. The right to command, which includes the right to employ the force of the state to enforce the laws. This is one of the principal attributes of the power of the executive. 1 Toullier, no. 58.
IMPERSONALITAS. Lat. Imperson­ality. A mode of expression where no refer­ence is made to any person, such as the expression "ut dicitur" (as is said.) Co. Litt. 3526.
Impersonalitas non conclndit nee ligat.
Co. Litt 352&. Impersonality neither con­cludes nor binds.
IMPERTINENCE. Irrelevancy; the fault of not properly pertaining to the issue or proceeding. The introduction of any mat­ters into a bill, answer, or other pleading or proceeding in a suit, which are not prop­erly before the court for decision, at any particular stage of the suit Story, Eq. PL


I 266; Harrison v. Perea, 168 U. S. 311, 18 Sup. Ct 129, 42 L. Ed. 478.
In practice. A question propounded to a witness, or evidence offered or sought to be elicited, is called "impertinent" when it has no logical bearing upon the issue, is not necessarily connected with it, or does not belong to the matter in hand. On the dis­tinction between pertinency and relevancy, we may quote the following remark of Dr. Wharton: "Relevancy is that which con­duces to the proof of a pertinent hypothesis; a pertinent hypothesis being one which, if sustained, would logically influence the is­sue." 1 Whart Ev. § 20.
IMPERTINENT. In equity pleading.
That which does not belong to a pleading, Interrogatory, or other proceeding; out of place; superfluous; irrelevant.
At law. A term applied to matter not necessary to constitute the cause of action or ground of defense. Cowp. 683; 5 East, 275; Tucker v. Randall, 2 Mass. 283. It consti­tutes surplusage, (which see.)
IMPESCARE. In old records. To im­peach or accuse. Impescatus, impeached. Blount
IMPETITIO VASTI. Impeachment of waste, (g. v.)
IMPETBAHE. In old English practice. To obtain by request, as a writ or privilege. Bract, fols. 57, 172&. This application of the word seems to be derived from the civil law. Calvin.
IMPETRATION. In old English law. The obtaining anything by petition or en­treaty. Particularly, the obtaining of a benefice from Rome by solicitation, which benefice belonged to the disposal of the king or other lay patron. Webster; Cowell.
IMPIEB. Umpire, (q. v.)
IMPIERMENT. Impairing or prejudic­ing. Jacob.
TMPIGNORATA. Pledged; given in pledge, (pignori data;) mortgaged. A term applied in Bracton to land. Bract, fol. 20.
IMPIGNORATION. The act of pawn­ing or putting to pledge.
Impius et cmdelis jndioandns est qui libertati non favet. He is to be judged impious and cruel who does not favor liberty. Co. Litt. 124.
EMPLACITARE. Lat To implead; to sue.
IMPLEAD. In practice. To sue or pros­ecute by due course of law. People v. Clarke, 9 N. Y. 368.
IMPLEADED. Sued or prosecuted; used particularly in the titles of causes where there are several defendants; as "A. B., im­pleaded with C. D."
IMPLEMENTS. Such things as are used or employed for a trade, or furniture of a house. Coolidge v. Choate, 11 Mete. (Mass.) 82.
Whatever may supply wants; particularly applied to tools, utensils, vessels, instruments of labor; as, the implements of trade or of husbandry. Goddard v. Chaffee, 2 Allen (Mass.) 395, 79 Am. Dec. 796; Sallee v. Waters, 17 Ala. 486; Rayner v. Whicher, 6 Allen (Mass.) 294; In re Slade's Estate, 122 Cal. 434, 55 Pac 158.
IMPLICATA. A term used in mercan­tile law, derived from the Italian. In order to avoid the risk of making fruitless voyages, merchants have been in the habit of receiv­ing small adventures, on freight, at so much per cent., to which they are entitled at all events, even if the adventure be lost; and this is called "implicata." Wharton.
IMPLICATION. Intendment or infer­ence, as distinguished from the actual ex­pression of a thing in words. In a will, an estate may pass by mere implication, with­out any express words to direct its course. 2 Bl. Comm. 381.
An inference of something not directly de­clared, but arising from what is admitted or expressed.
In construing a will conjecture must not be taken for implication; but necessary implica­tion means, not natural necessity, but so strong a probability of intention that an intention con­trary to that which is imputed to the testator cannot be supposed. 1 Ves. & B. 466.
"Implication" is also used in the sense of "inference;" i. e., where the existence of an Intention is inferred from acts not done for the sole purpose of communicating it, but for some other purpose. Sweet.
—Necessary implication. In construing a will, necessary implication means not natural necessity, but so strong a probability of in­tention that an intention contrary to that which is imputed to the testator cannot be supposed. Wilkinson v. Adam, 1 Ves. & B. 466; Gilbert v. Craddock, 67 Kan. 346, 72 Pac. 869; Whit­field v. Garris. 134 N. C. 24, 45 S. E. 904.
IMPLIED. This word is used in law as contrasted with "express;" i. e., where the intention in regard to the subject-matter is not manifested by explicit and direct words, but is gathered by implication or necessary deduction from the circumstances, the gen­eral language, or the conduct of the parties.
As to implied "Abrogation," "Agreement," "Assumpsit," "Condition," "Confession," "Consent," "Consideration," "Contract,"


"Covenant," "Dedication," "Easement," "In­vitation," "Malice," "Notice," "Powers," "Trust," "Use," "Waiver," and "Warranty," see those titles.
IMPORTATION. The act of bringing goods and merchandise into a country from a foreign country.
IMPORTS. Importations; goods or other property imported or brought into the coun­try from a foreign country.
IMPORTUNITY. Pressing solicitation; urgent request; application for a claim or favor which is urged with troublesome fre­quency or pertinacity. Webster.
IMPOSITION. An impost; tax; contri­bution. Paterson v. Society, 24 N. J. Law, 400; Singer Mfg. Co. v. Heppenheimer, 58 N. J. Law, 633, 34 Atl. 1061, 32 L. R. A. 643.
IMPOSSIBILITY. That which, in the. constitution and course of nature or the law, no man can do or perform. See Klauber v. San Diego Street-Car. Co., 95 Cal. 353, 30 Pac. 555; Reid v. Alaska Packing Co., 43 Or. 429, 73 Pac. 337.
Impossibility is of the following several sorts:
An act is physically impossible when it is contrary to the course of nature. Such an impossibility may be either absolute, i. e., impossible in any case, (e. g., for A. to reach the moon,) or relative, (sometimes called "impossibility in fact,") i. e., arising from the circumstances of the case, (e. g., for A. to make a payment to B., he being a de­ceased person.) To the latter class belongs what is sometimes called "practical impossi­bility," which exists when the act can be done, but only at an excessive or unreason­able cost. An act Is legally or juridically impossible when a rule of law makes it impossible to do it; e. g., for A. to make a valid will before his majority. This class of acts must not be confounded with those which are possible, although forbidden by law, as to commit a theft. An act is logic­ally impossible when it is contrary to the" nature of the transaction, as where A. gives property to B. expressly for his own benefit, on condition that he transfers it to C. Sweet.
Impossibilitun nulla obligatio est.
There is no obligation to do impossible things. Dig. 50, 17, 185; Broom, Max. 249.
IMPOSSIBLE CONTRACTS. An im­possible contract is one which the law will not hold binding upon the parties, because of the natural or legal impossibility of the per­formance by one party of that which is the consideration for the promise of the other. 7 Wait, Act & Def. 124.
Impossible contracts, which will be deemed void In the eye of the law, or of which the
performance will be excused, are such con­tracts as cannot be performed, either be­cause of the nature of the obligation under­taken, or because of some supervening event which renders the performance of the obliga­tion either physically or legally impossible. 10 Amer. & Eng. Enc. Law, 176.
IMPOSTS. Taxes, duties, or impositions. A duty on imported goods or merchandise. Story, Const § 949. And see Norris v. Bos­ton, 4 Mete. (Mass.) 296; Pacific Ins. Co. v. Soule, 7 Wall. 435, 19 L. Ed. 95; Woodruff v. Parham, 8 Wall. 131, 19 L. Ed. 382; Dooley v. U. S., 183 U. S. 151, 22 Sup. Ct 62, 43 L. Ed. 128; Passenger Cases, 7 How. 407, 12 L. Ed. 702.
Impost is a tax received by the prince for such merchandises as are brought into any haven within his dominions from foreign na­tions. It may in some sort be distinguished from customs, because customs are rather that profit the prince maketh of wares shipped out; yet they are frequently confounded. Cowell.
IMPOTENCE. In medical jurispru­dence. The incapacity for copulation or propagating the species. Properly used of the male; but it has also been used synon­ymously with "sterility." Griffeth v. Griff-eth, 162 111. 368, 44 N. E. 820; Payne v. Payne, 46 Minn. 467, 49 N. W. 230, 24 Am. St Rep. 240; Kempf v. Kempf, 34 Mo. 213.
Impotentia exensat legem. Co. Litt. 29. The impossibility of doing what is re­quired by the law excuses from the perform­ance.
PROPTER. A qualified property, which may subsist in animals feres natures on ac­count of their inability, as where hawks, herons, or other birds build in a person's trees, or conies, etc., make their nests or burrows in a person's land, and have young there, such person has a qualified property in them till they can fly or run away, and then such property expires. 2 Steph. Comm. (7th Ed.) 8.
IMPOUND. To shut up stray animals or distrained goods in a pound. Thomas v. Harries, 1 Man. & G. 703; Goodsell v. Dunn­ing, 34 Conn. 257; Howard v. Bartlett, 70 Vt. 314, 40 Atl. 825.
To take into the custody of the law or of a court. Thus, a court will sometimes im­pound a suspicious document produced at a trial.
IMPRESCRIPTIBILITY. The state or quality of being incapable of prescription; not of such a character that a right to it can be gained by prescription.
IMPRESCRIPTIBLE 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 prescrip­tion.
IMPRESSION. A "case of the first im­pression" is one without a precedent; one presenting a wholly new state of facts; one Involving a question never before determined.
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 royal ships in time of war, by taking seamen engaged in merchant ves­sels, (1 Bl. Comm. 420; Maud & P. Shipp. 123;) but in former times impressment of merchant ships was also practiced. The ad­miralty issues protections against impress­ment in certain cases, either under statutes passed in favor of certain callings (e. g., persons 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 be printed. A license or allowance, granted by the con­stituted 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 sonfe other countries is still required.
IMPRIMERE. To press upon; to im­press 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; first of all.
IMPRISON. To put in a prison; to put In a place of confinement
To confine a person, or restrain his liberty, In any way.
IMPRISONMENT. The act of putting or confining a man in prison; the restraint of a man's personal liberty; coercion exer­cised upon a person to prevent the free exer­cise of his powers of locomotion. State v. Shaw, 73 Vt 149, 50 Atl. 863; In re Langs-low, 167 N. Y. 314, 60 N. E. 590; In re Langan (C. C) 123 Fed. 134; Steere v. Field, 22 Fed. Cas. 1221.
It is not 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
occasion; or It may take place without the actual application of any physical agencies of restraint, (such as locks or bars,) but by verbal compulsion and the display of avail­able force. See Pike v. Hanson, 9 N. H. 491.
Any forcible detention of a man's person, or control over his movements, is imprisonment. Lawspn v. Buzines, 3 Har. (Del.) 416.
—False imprisonment. The unlawful ar­rest or detention, of a person without warrant, or by an illegal warrant, or a warrant illegally executed, and either in a prison or a place used temporarily for that purpose, or by force and constraint without confinement. Brewster v. People, 183 111. 143, 55 N. E. 640; Miller v. Fano, 134 Cal. 103, 66 Pac. 183; Filer v. Smith, 96 Mich. 347, 55 N. W. 999, 35 Am. St. Rep. 603; Eberling v. State, 136 Ind. 117, 35 N. E. 1023. False imprisonment consists in the unlawful detention of the person of an­other, for any length of time, whereby he is deprived of his personal liberty. Code Ga. 1882, § 2990; Pen. Code Cal. § 236. The term is also used as the name of the action, which lies for this species of injury. 3 Bl. Comm. 138.
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 having some instrument declared false and forged. 1 Forb. Inst, pt 4, p. 161. The verb "im­prove" (q. v.) was used In the same sense.
IMPROPER. Not suitable; unfit; not suited to the character, time, and place. Palmer v. Concord, 48 N. H. 211, 97 Am. Dec. 605. Wrongful. 53 Law J. P. D. 65.
—Improper fends. These were derivative feuds; as, for instance, those that were orig­inally bartered and sold to the feudatory for a price, or were held upon base or less hon­orable services, or upon a rent in lieu of mili-trary service, or were themselves alienable, without mutual license, or descended indiffer­ently to males or females. Wharton.—Im­proper influence. Undue influence, (q. v.) And see Millican v. Millican, 24 Tex. 446.— Improper navigation. Anything improper­ly done with the ship or part of the ship in the course of the voyage. L. R. 6 C. P. 563. See, also, 53 Law J. P. D. 65.
IMPROPRIATE RECTOR. In ecclesias­tical law. Commonly signifies a lay rector as opposed to a spiritual rector; just as im­propriate tithes are tithes in the hands of a lay owner, as opposed to appropriate tithes, which are tithes in the hands of a spiritual owner. Brown.
IMPROPRIATION. In ecclesiastical law. The annexing an ecclesiastical bene­fice to the use of a lay person, whether indi­vidual or corporate, in the same way as ap­propriation is the annexing of any such bene­fice to the proper and perpetual use of some spiritual corporation, whether sole or aggre­gate, to enjoy forever. Brown.


IMPROVE. In Scotch law. To dis­prove; to invalidate or Impeach; to prove false or forged. 1 Forb. Inst pt. 4, p. 162.
To improve a lease means to grant a lease of unusual duration to encourage a tenant, when the soil is exhausted, etc. Bell; Stair, Inst. p. 676, § 23.
IMPROVED. Improved land is such as has been reclaimed, is used for the purpose of husbandry, and is cultivated as such, whether the appropriation is for tillage, meadow, or pastura "Improve" is synony­mous with "cultivate." Clark v. Phelps, 4 Cow. (N. Y.) 190.
IMPROVEMENT. A valuable addition made to property (usually real estate) or an amelioration in its condition, amounting to more than mere repairs or replacement of waste, costing labor or capital, and intended to enhance its value and utility or to adapt it for new or further purposes. Spencer v. Tobey, 22 Barb. (N. Y.) 269; Allen v. Mc­Kay, 120 Cal. 332, 52 Pac. 828; Simpson v. Robinson, 37 Ark. 132.
In American land law. An act by which a locator or settler expresses his intention to cultivate or clear certain land; an act ex­pressive of the actual possession of land; as by erecting a cabin, planting a corn-field, deadening trees in a forest; or by merely marking trees, or even by piling up a brush-heap. Burrill. And see In re Leet Tp. Road, 159 Pa. 72, 28 Atl. 238; Bixler v. Baker, 4 Bin. (Pa.) 217.
An "improvement," under our land system, does not mean a general enhancement of the value of the tract from the occupant's opera­tions. It has a more limited meaning, which has in view the population of our forests, and the increase of agricultural products. All works which are directed to the creation of homes for families, or are substantial steps towards bring­ing lands into cultivation, have in their results the special character of "improvements," and, under the land laws of the United States and of the several states, are encouraged. Some­times their minimum extent is defined as requi­site to convey rights. In other cases not But the test which runs through all the cases is always this: Are they real, and made bona -fide, in accordance with the policy of the law, or are they only colorable, and made for the pur­pose of fraud and speculation? Simpson v. Robinson, 37 Ark. 137.
In the law of patents. An addition to, or modification of, a previous invention or discovery, intended or claimed to increase its utility or value. See 2 Kent, Comm. 366-372. And see Geiser Mfg. Co. v. Frick Co. (C. C.) 92 Fed. 191; Joliet Mfg. Co. v. Dice, 105 111. 650; Schwarzwaelder v. Detroit (C. C.) 77 Fed. 891; Reese's Appeal, 122 Pa. 392, 15 Atl. 807; Rheem v. Holliday, 16 Pa. 352; Allison Bros. Co. v. Allison, 144 N. Y. 21, 38 N. E. 956.
—Local improvement. By common usage, especially as evidenced by the practice of courts and text-writers, the term "local improvements" uf employed as signifying improvements made in
a particular locality, by which the real property adjoining or near such locality is specially ben­efited, such as the improvement of highways, grading, paving, curbing, laying sewers, etc. Il­linois Cent R. Co. v. Decatur, 154 111. 173, 38 N. E. 626; Rogers v. St. Paul, 22 Minn. 507; Crane v. Siloam Springs, 67 Ark. 30, 55 S. W. 955; New York L. Ins. Co. v. Prest (C. C.) 71 Fed. 816.
IMPROVEMENTS. A term used In leas­es, of doubtful meaning. It would seem to apply principally to buildings, though generally it extends to the amelioration of every description of property, whether real or personal; but, when contained in any doc­ument, its meaning is generally explained by other words. 1 Chit Gen. Pr. 174.
IMPROVIDENCE, as used in a statute excluding one found Incompetent to execute the duties of an administrator by reason of improvidence, means that want of care and foresight in the management of property which would be likely to render the estate and effects of the intestate unsafe, and liable to he lost or diminished in value, in case the administration should be committed to the improvident person. Coope v. Lowerre, 1 Barb. Ch. (N. Y.) 45.
IMPROVIDENTIiY. A judgment, de­cree, rule, injunction, etc., when given or ren­dered without adequate consideration by the court, or without proper information as to all the circumstances affecting it, or based upon a mistaken assumption or misleading infor­mation or advice, Is sometimes said to have been "improvidently" given or issued.
IMPRUIARE. In old records. To im­prove land. Impruiamentum, the improve­ment so made of it Cowell.
IMPUBES. Lat In the civil law. A minor under the age of puberty; a male un­der fourteen years of age; a female under twelve. Calvin; Mackeld. Rom. Law, § 138.
IMPULSE. As to "irresistible" or "un­controllable" impulse, see Insanity.
Imp unit as continuum affectum tribuit delinquendi. 4 Coke, 45. Impunity con­firms the disposition to commit crime.
Impunities semper ad deteriora invi-tat. 5 Coke, 109. Impunity always invites to greater crimes.
IMPUNITY. Exemption or protection from penalty or punishment Dillon v. Rog­ers, 36 Tex. 153.
IMPUTATIO. Lat In the civil law. Legal liability.
civil law. The application of a payment made by a debtor to his creditor.


IMPUTED. As used in legal phrases, this word means attributed vicariously; that is, an act, fact, or quality Is said to be "imput­ed" to a person when it is ascribed or charged to him, not because he is personally cognizant of it or responsible for it, but because an­other person is, over whom he has control or for whose acts or knowledge he is re­sponsible.
—Imputed knowledge. This phrase is some­times used as equivalent to "implied notice," i. e., knowledge attributed or charged to a per­son (often contrary to the fact) because the facts in question were open to his discovery and it was his duty to inform himself as to them. See Roche v. Llewellyn Iron Works Co., 140 Gal. 663, 74 Pac. 147.—Imputed notice. In­formation as to a given fact or circumstance charged or attributed to a person, and affecting his rights or conduct, on the ground that ac­tual notice was given to some person whose duty was to report it to the person to be af­fected, as, his agent or his attorney of record. —Imputed negligence. Negligence which is not directly attributable to the person himself, but which is the negligence of a person who is in privity with him, and with whose fault he is chargeable. Smith v. Railroad Co., 4 App. Div. 493, 38 N. Y. Supp. 666.
IN. In the law 'of real estate, this prepo­sition has always been used to denote the fact of seisin, title, or possession, and ap­parently serves as an elliptical expression for some such phrase as "in possession," or as an abbreviation for "Entitled" or "invested with title." Thus, in the old books, a tenant is said to be "in by lease of his lessor." Litt § 82.
IN ACTION. Attainable or recoverable by action; not in possession. A term ap­plied to property of which a party has not the possession, but only a right to recover it by action. Things in action are rights of personal things, which nevertheless are not in possession. See Chose in Action.
IN ADVERSUM. Against an adverse, unwilling, or resisting party. "A decree not by consent, but in adversum." 3 Story, 318.
In sedificiis lapis male positns non est removendus. 11 Coke, 69. A stone badly placed in buildings is not to be removed.
IN iEQUA MANTJ. In equal hand. Fle-ta, lib. 3, c. 14, § 2.
IN .S2QUALI JURE. In equal right; on an equality in point of right.
In aequali jure melior est conditio pos­sidentis. In [a case of] equal right the condition of the party in possession is the better. Plowd. 296; Broom, Max. 713.
IN iEQUALI MANU. In equal hand; held equally or indifferently between two parties. Where an instrument was deposit­ed by the parties to it in the hands, of a third
person, to keep on certain conditions, It waf said to be held in cequall manu. Beg. Orig. 28.
IN ALIENO SOLO. In another's land,
2 Steph. Comm. 20.
IN ALIO LOCO. In another place.
In alta proditione nnllus potest esse aecessorins sed principalis solummodo.
3 Inst. 138. In high treason no one can be
an accessary but only principal.
In alternativis electio est debitoris.
In alternatives the debtor has the election.
In ambigua voce legis ea potius acci-pienda est significatio quae vitio caret, prsesertim cum etiam voluntas legis ex hoc colligi possit. In an ambiguous ex­pression of law, that signification is to toe preferred which is consonant with equity, especially when the spirit of the law can be collected from that Dig. 1, 3, 19; Broom, Max. 576.
In ambiguis casibus semper prsesumi-tur pro rege. In doubtful cases the pre­sumption is always in favor of the king.
In ambiguis orationibns maadme sen-tentia spectanda est ejus qui eas protul-isset. In ambiguous expressions, the inten­tion of the person using them is chiefly to be regarded. Dig. 50, 17, 96; Broom, Max. 567.
In Anglia non est interregnum. In
England there is no interregnum. Jenk. Cent. 205; Broom, Max. 50.
IN APERTA LUCE. In open daylight; In the day-time. 9 Coke, 656.
IN APICIBUS JURIS. Among the sub­tleties or extreme doctrines of the law. 1 Karnes, Eq. 190. See Apex Juris.
pleasure of the judge.
close and safe custody. 3 Bl. Comm. 415.
IN ARTICULO. In a moment; imme­diately. Cod. 1, 34, 2.
IN ARTICULO MORTIS. In the arti­cle of death; at the point of death. Jack­son v. Vredenbergh, 1 Johns. (N. Y.) 159.
In atrocioribus delictis punitur affec-tus licet non sequatur effectus. 2 Rolle R. 82. In more atrocious crimes the intent is punished, though an effect does not follow.
IN AUTRE DROIT. L. Fr. In anoth­er's right As representing another. An ex-


ecutor, administrator, or trustee sues in autre droit.
IN BANCO. In bank; in the bench. A term applied to proceedings in the court in bank, as distinguished from proceedings at nisi prius. Also, in the English court of com­mon bench.
IN BEING. In existence or life at a giv­en moment of time, as, in the phrase "life or lives in being" in the rule against per­petuities. An unborn child may, in some circumstances be considered as "in being." Phillips v. Herron, 55 Ohio St. 478, 45 N. B. 720; Hone v. Van Schaick, 3 Barb. Ch. (N. T.) 509.
IN BLANK. A term applied to the in­dorsement of a bill or note where it consists merely of the indorser's name, without re­striction to any particular indorsee. 2 Stepb.. Comm. 164.
IN BONIS. Among the goods or prop­erty; in actual possession. Inst. 4, 2, 2. In bonis defuncti, among the goods of the de­ceased.
IN BULK. As a whole; as an entirety, without division into items or physical sep­aration in packages or parcels. Standard Oil Co. v. Com., 119 Ky. 75, 82 S. W. 1022; Fitz Henry v. Munter, 33 Wash. 629, 74 Pac. 1003; State v. Smith, 114 Mo. 180, 21 S. W. 493.
IN CAMERA. In chambers; in private. A cause is said to be heard in camera either when the hearing is had before the judge in his private room or when all spectators are excluded from the court-room.
IN CAPITA. To the heads; by heads or polls. Persons succeed to an inheritance in capita when they individually take equal shares. So challenges to individual jurors are challenges in capita, as distinguished from challenges to the array.
IN CAPITE. In chief. 2 Bl. Comm. 60. Tenure in capite was a holding directly from the king."
In casn extremse necessitatis omnia snnt commnnia. Hale, P. C. 54. In cases of extreme necessity, everything is in com­mon.
IN CAST! PROVISO. In a (or the) case provided. In tali casu editum et provisum, in such case made and provided. Townsh. PI. 164, 165.
IN CAUSA. In the cause, as distinguish­ed from in initiations, (q. v.) A term in Scotch practice. 1 Brown, Ch. 252.
IN CHIEF. Principal; primary; directly-obtained. A term applied to the evidence obtained from a witness upon his examina­tion In court by the party producing him.
Tenure in chief, or in capite, is a holding directly of the king or chief lord.
In civilibus ministerinm escnsat, in criminalibns non item. In civil matters agency (or service) excuses, but not so in criminal matters. Lofft, 228; Tray. Lat. Max. 243.
In Claris non est loons conjectnris. In
things obvious there is no room for conjec­ture.
IN COMMEND AM. In commendation; as a commended living. 1 Bl. Comm. 393. See Commenda.
A term applied in Louisiana to a limited partnership, answering to the French "en commandite." Civil Code La. art. 2810.
In commodato hseo pactio, ne doln* prsestetur, rata non est. In the contract of loan, a stipulation not to be liable for fraud is not valid. Dig. 13, 7, 17, pr.
IN COMMON. Shared in respect to title, use, or enjoyment, without apportionment or division into individual parts; held by sever­al for the equal advantage, use, or enjoy­ment of all. See Hewit v. Jewell, 59 Iowa, 37, 12 N. W. 738; Chambers v. Harrington, 111 U. S. 350, 4 Sup. Ct. 428, 28 L. Ed. 452; Walker v. Dunshee, 38 Pa. 439.
IN COMMUNI. In common. Fleta, lib. 3, c. 4, § 2.
In conjnnctivis, oportet ntramqne par­tem esse veram. In conjunctives it is nec­essary that each part be true. Wing, Max. 13, max. 9. In a condition consisting of divers parts in the copulative, both parts must be performed.
IN CONSIDERATIONS INDE. In con­sideration thereof. 3 Salk. 64, pi. 5.
IN CONSIDERATIONS LEGIS. In con­sideration or contemplation of law; in abey­ance. Dyer, 102&.
UM. In consideration of the premises. 1 Strange, 535.
In consimili casn, consimile debet esse remedium. Hardr. 65. In similar cases the remedy should be similar.
IN CONSPECTU EJUS. In his sight or view. 12 Mod. 95.
In consnetndinibns, non diuturnitas temporis sed soliditas rationis est consid-eranda. In customs, not length of time,

but solidity of reason, is to be considered. Co. Litt. 141a. The antiquity of a custom is to be less regarded than its reasonableness.
IN CONTINENTI. Immediately; with­out any interval or intermission. Calvin. Sometimes written as one word "inconti-nenti."
In contractibus, benigna; in testamen-tis, benignior; in restitutionibus, be-nignissima interpretatio facienda est.
Co. Litt 112. In contracts, the interpreta­tion is to be liberal; in wills, more liberal; in restitutions, most liberal.
In contractibus, rei Veritas potius qnam scriptura perspici debet. In con­tracts, the truth of the matter ought to be regarded rather than the writing. Cod. 4, 22, 1.
In contractibus, tacite insunt [veni-unt] quae sunt moris et consuetudinis.
In contracts, matters of custom and usage are tacitly implied. A contract is understood to contain the customary clauses, although they are not expressed. Story, Bills, § 143; 3 Kent, Comm. 260, note; Broom, Max. 842.
In contrahenda venditione, ambiguum pactum contra venditorem interpretan-dum est. In the contract of sale, an am­biguous agreement is to be interpreted against the seller. Dig. 50, 17, 172. See Id. 18, 1, 21.
In conventionibus, contrahentium vo­luntas potius qnam verba spectari pla-cuit. In agreements, the intention of the contracting parties, rather than the words used, should be regarded. Broom, Max. 551; Jackson v. Wilkinson, 17 Johns. (N. Y.) 150.
IN CORPORE. In body or substance; in a material thing or object.
IN CRASTINO. On the morrow. In crastino Animarum, on the morrow of All Souls 1 Bl. Comm- 342.
In criminalibus, probationes debent esse luce clariores. In criminal cases, the proofs ought to be clearer than light. 3 Inst. 210.
In criminalibus, sufficit generalis ma-litia intentionis, cum facto paris grad-
us. In criminal matters or cases, a general malice of intention is sufficient, [if united] with an act of equal or corresponding de­gree. Bac. Max. p. 65, reg. 15; Broom, Max. 323.
In criminalibus, voluntas reputabitur pro facto. In criminal acts, the will will foe taken for the deed. 3 Inst 106.
testimony whereof. The initial words of the concluding clause of ancient deeds in Latin, literally translated in the English forms.
IN CUSTODIA LEGIS. In the custody or keeping of the law. 2 Steph. Comm. 74.
IN DELICTO. In fault See In Pabi Delicto, etc.
IN DIEM. For a day; for the space of a day. Calvin.
In disjunctivis sufficit alteram partem esse veram. In disjunctives it is sufficient that either part be true. Where a condi­tion is in the disjunctive, it is sufficient if either part be performed. Wing. Max. 13, max. 9; Broom, Max. 592; 7 East, 272.
IN DOMINICO. In demesne. In do-minico suo ut de feodo, in his demesne as of fee.
IN DORSO. On the back. 2 Bl. Comm. 468; 2 Steph. Comm. 164. In dorso recordi, on the back of the record. 5 Coke, 45. Hence the English indorse, indorsement, etc.
In dubiis, benigniora prsef erenda sunt.
In doubtful cases, the more favorable views are to be preferred; the more liberal inter­pretation is to be followed. Dig. 50, 17, 56; 2 Kent, Comm. 557.
In dubiis, magis dignum est accipi-endum. Branch, Princ. In doubtful cases, the more worthy is to be accepted.
In dubiis, non prsesumitur pro testa-mento. In cases of doubt, the presumption is not in favor of a will. Branch, Princ. But see Cro. Car. 51.
IN DITBIO. In doubt; in a state of un­certainty, or in a doubtful case.
In dubio, hsec legis constructio quam verba ostendunt. In a case of doubt, that Is the construction of the law which the words indicate. Branch, Princ.
In dubio, pars mitior est sequenda.
In doubt, the milder course is to be followed.
In dubio, seqendum quod tutius est.
In doubt, the safer course is to be adopted.
IN DUPLO. In double. Damna in dn-plo, double damages. Fleta, lib. 4, c. 10, § 1.
IN EADEM CAUSA. In the same state or condition. Calvin.
IN EMULATIONEM VICINI. In envy or hatred of a neighbor. Where an act is

done, or action brought, solely to hurt or distress another, it is said to be in emulatio-nem vicini. 1 Blames, Eq. 56.
In eo quod plus sit, semper inest et minus. In the greater is always included the less also. Dig. 50, 17, 110.
IN EQUITY. In a court of equity, as distinguished from a court of law; in the purview, consideration, or contemplation of equity; according to the doctrines of equity.
IN ESSE. In being. Actually existing. Distinguished from in posse, which means "that which is not, but may be." A child before birth is in posse; after birth, in esse.
IN EVIDENCE. Included in the evidence already adduced. The "facts in evidence" are such as have already been proved in the cause.
IN EXCAMBIO. In exchange. Formal words in old deeds of exchange.
IN EXITU. In issue. Be materia in exitu, of the matter in issue. 12 Mod. 372.
In expositione instrumentorum, mala grammatica, quod fieri potest, vitanda est. In the construction of instruments, bad grammar is to be avoided as much as possible. 6 Coke, 39; 2 Pars. Cont 26.
IN EXTENSO. In extension; at full length; from beginning to end, leaving out nothing.
IN EXTREMIS. In extremity; in the last extremity; in the last illness. 2 Bl. Comm. 375, 500; Prince v. Hazleton, 20 Johns. (N. Y.) 502, 11 Am. Dec. 307. Agens in extremis, being in extremity. Bract, fol. 3736. Declarations in extremis, dying decla­rations. 1 Greenl. Ev. § 156; Wilson v. Boerem, 15 Johns. (N. Y.) 286.
IN FACIE CVMlSi. In the face of the court Dyer, 28.
IN FACIE ECCLESrS. In the face of the church. A term applied in the law of England to marriages, which are required to be solemnized in a parish church or public chapel, unless by dispensation or license. 1 Bl. Comm. 439; 2 Steph. Comm. 288, 289. Applied in Bracton to the old mode of con­ferring dower. Bract fol. 92; 2 Bl. Comm. 133.
IN FACIENDO. In doing; in feasance; In the performance of an act 2 Story, Eq. Jur. § 1308.
IN FACT. Actual, real; as distinguish­ed from implied or inferred. Resulting from the acts of parties, instead of from the act or intendment of law.
IN FACTO. In fact; in deed. In facto dicit, in fact says. 1 Salk. 22, pi. L
In facto quod se habet ad bonum et malum, magis de bono quam de malo lex intendit. In an act or deed which ad­mits of being considered as both good and bad, the law intends more from the good than from the bad; the law makes the more favorable construction. Co. Litt. 786.
In favorabilibus magis attenditur quod prodest quam quod nocet. In things fa­vored, what profits is more regarded than what prejudices. Bac. Max. p. 57, in reg. 12.
IN FAVOREM LIBERTATIS. In fa­vor of liberty.
IN FAVOREM VIT2E. In favor of life.
In favorem vitae, libertatis, et innocen-tiae, omnia prsesumuntur. In favor of life, liberty, and innocence, every presump­tion is made. Lofft. 125.
IN FEODO. In fee. Bract, fol. 207; Fleta, lib. 2, c. 64, § 15. Setsitus in feodo, seised in fee. Fleta, lib. 3, c. 7, § 1.
In fictione juris semper sequitas ezis-tit. In the fiction of law there is always equity; a legal fiction is always consistent with equity. 11 Coke, 51a/ Broom, Max. 127, 130.
IN FIERI. In being made; In process of formation or development; hence, incom­plete or inchoate. Legal proceedings are de­scribed as in fieri until judgment is entered.
IN FINE. Lat. At the end. Used, in references, to indicate that the passage cited is at the end of a book, chapter, section, etc.
IN FORMA PAUPERIS. In the char­acter or manner of a pauper. Describes per­mission given to a poor person to sue with­out liability for costs.
IN FORO. In a (or the) forum, court, or tribunal.
—In foro conscientiae. In the tribunal of conscience; conscientiously; considered from a moral, rather than a legal, point of view.—In foro contentioso. In the forum of contention or litigation.—In foro ecclesiastico. In an ecclesiastical forum; in the ecclesiastical court. Fleta, lib. 2, c. 57, § 13.—In foro saeculari. In a secular forum or court Fleta, lib. 2, c. 57, § 14; 1 Bl. Comm. 20.
fraud of creditors; with intent to defraud creditors. Inst 1, 6, pr. 3.
IN FRAUDEM LEGIS. In fraud of the law. 3 Bl. Comm. 94. With the intent or view of evading the law. Jackson v. Jack­son, 1 Johns. (N. Y.) 424, 432.


IN FULL. Relating to the whole or full amount; as a receipt in full. Complete; giving all details. Bard v. Wood, 3 Mete. (Mass.) 75.
IN FULL LIFE. Continuing in both physical and civil existence; that is, neither actually dead nor civiliter mortuus.
IN FUTURO. In future; at a future time; the opposite of in prcesenti. 2 Bl. Comm. 166, 175.
IN GENERALI PASSAGIO. In the gen­eral passage; that is, on the journey to Palestine with the general company or body of Crusaders. This term was of frequent oc­currence in the old law of essoins, as a means of accounting for the absence of the party, and was distinguished from simplex passagU um, which meant that he was performing a pilgrimage to the Holy Land alone.
In generalibus versatur error. Error dwells in general expressions. Pitman v. Hooper, 3 Sumn. 290, Fed. Cas. No. 11,186; Underwood v. Carney, 1 Cush. (Mass.) 292.
IN GENERE. In kind; in the same genus or class; the same in quantity and quality, but not individually the same. In the Roman law, things which may be given or restored in genere are distinguished from such as must be given or restored in specie; that is, identically. Mackeld. Rom. Law, § 161.
IN GREMIO LEGIS. In the bosom of the law; in the protection of the law; in abeyance. 1 Coke, 131a; T. Raym. 319.
IN GROSS. In a large quantity or sum; without division or particulars; by whole­sale. Green v. Taylor, 10 Fed. Cas. No. 1,126.
At large; not annexed to or dependent up­on another thing. Common in gross is such as is neither appendant nor appurtenant to land, but is annexed to a man's person. 2 Bl. Comm. 34.
IN HAG PARTE. In this behalf; on this side.
IN HJEC VERBA. In these words; in the same words.
In hseredes non solent transire action-es quae poenales ex maleflcio sunt. 2 Inst. 442. Penal actions arising from anything of a criminal nature do not pass to heirs.
In his enim quae sunt f avorabilia ani-ntse, quamvis sunt damnoga rebus, fiat aliqnando extentio statuti. In things that are favorable to the spirit, though injurious to property, an extension of the statute should sometimes be made. 10 Coke, 101.
In his quae de jure conununi omnibus eonceduntur, consuetudo alicujus patriae vel loci non est allegenda. 11 Coke, 85. In those things which by common right are conceded to all, the custom of a particular district or place is not to be alleged.
IN HOC. In this; in respect to this.
IN HSDEM TERMINIS. In the same terms. 9 East, 487.
IN INDIVIDUO. In the distinct, iden­tical, or individual form; in specie. Story, Bailm. § 97.
IN INFINITUM. Infinitely; indefinite­ly. Imports indefinite succession or contin­uance.
IN INITIALIBUS. In the prelimina­ries. A term in Scotch practice, applied to the preliminary examination of a witness as to the following points: Whether he knows the parties, or bears ill will to either of them, or has received any reward or promise of re­ward for what he may say, or can lose or gain by the cause, or has been told by any person what to say. If the witness answer these questions satisfactorily, he is then ex­amined in causa, in the cause. Bell, Diet. "Evidence."
IN INITIO. In or at the beginning. In initio litis, at the beginning, or in the first stage of the suit. Bract, fol. 400.
IN INTEGRUM. To the original or for­mer state. Calvin.
IN INVIDIAM. To excite a prejudice.
IN INVITUM. Against an unwilling party; against one not assenting. A term applied to proceedings against an adverse party, to which he does not consent.
IN IPSIS FAUCIBUS. In the very throat or entrance. In ipsis faucibus of a port, actually entering a port. 1 C. Rob. Adm. 233, 234.
IN ITINERE. In eyre; on a journey or circuit. In old English law, the justices in itinere (or in eyre) were those who made a circuit through the kingdom once in seven years for the purposes of trying causes. 3 Bl. Comm. 58.
In course of transportation; on the way; not delivered to the vendee. In this sense the phrase is equivalent to "in transitu."
IN JUDGMENT. In a court of justice; in a seat of judgment. Lord Hale is called "one of the greatest and best men who ever sat in judgment" 1 East, 306.


In jndiciis, minori setati suecurritur.
In courts or judicial proceedings, infancy is aided or favored. Jenk. Cent. 46, case 89.
IN JTJDICIO. In Roman law. In the course of an actual trial; before a judge, (judex.) A cause, during its preparatory stages, conducted before the praetor, was said to be in jure; in its second stage, after it had been sent to a judex for trial, it was said to be in judicio.
In judicio non creditor nisi juratis.
Cro. Car. 64. In a trial, credence is given only to those who are sworn.
IN JURE. In law; according to law. In the Roman practice, the procedure in an action was divided into two stages. The first was said to be in jure; it took place be­fore the praetor, and included the formal and introductory part and the settlement of ques­tions of law. The second stage was com­mitted to the judex, and comprised the in­vestigation and trial of the facts; this was said to be in judicio.
IN JURE ALTERIUS. In another's right. Hale, Anal. § 26.
In jure, non remota causa sed proari-ma spectator. Bac. Max. reg. 1. In law, the proximate, and not the remote, cause is regarded.
IN JURE PROPRIO. In one's own right. Hale, Anal. § 26.
IN JUS VOCARE. To call, cite, or sum­mon to court. Inst. 4, 16, 3; Calvin. In jus vocando, summoning to court. 3 Bl. Comm. 279.
IN KIND. In the same kind, class, or genus. A loan is returned "in kind" when not the identical article, but one correspond­ing and equivalent to it, is given to the lender. See In Genebe.
IN IiAW. la the intendment, contem­plation, or inference of the law; implied or inferred by law; existing in law or by force of law. See In Fact.
IN UECTO MOETAXL On the death­bed. Fleta, lib. 5, c. 28, § 12.
IN LIMINE. On or at the threshold; at the very beginning; preliminarily.
IN LITEM. For a suit; to the suit Greenl. Ev. § 348.
IN IiOCO. In place; in lieu; instead; in the place or stead. Townsh. PI. 38.
IN LOCO PARENTIS. In the place of a parent; instead of a parent; charged, facti­tiously, with a parent's rights, duties, and
responsibilities. Wetherby v. Dixon, 19 Ves. 412; Brinkerhoff v. Merselis, 24 N. J. Law, 683; Capek v. Kropik, 129 111. 509, 21 N. E. 836.
In maj ore gumma oontinetnr minor.
5 Coke, 115. In the greater sum is-contained the less.
greater security. 1 Strange, 105, arg.
IN MALAM PARTEM. In a bad sense, bo as to wear an evil appearance.
In maleficiis voluntas spectatur, non exit us. In evil deeds regard must be had to the intention, and not to the result. Dig. 48, 8, 14; Broom, Max. 324.
In maleficio, ratihabitio mandato com-paratur. In a case of malfeasance, ratifica­tion is equivalent to command. Dig. 50, 17, 152,2.
In maxima potentia minima lioentia.
In the greatest power there is the least free­dom. Hob. 159.
IN MEDIAS RES. Into the heart of the subject, without preface or introduction.
IN MEDIO. Intermediate. A term ap­plied, in Scotch practice, to a fund held be­tween parties litigant.
In mercibus illicitis non sit commer-cium. There should be no commerce in il­licit or prohibited goods. 3 Kent, Comm. 262, note.
IN MERCY. To be in mercy is to be at the discretion of the king, lord, or judge in respect to the imposition of a fine or other punishment.
IN MISERICORDIA. The entry on the record where a party was in mercy was, "Ideo in misericordia," etc. Sometimes "mis-ericordia" means the being quit of all amerce­ments.
IN MITIORI SENSU. In the milder sense; in the less aggravated acceptation. In actions of slander, it was formerly the rule that, if the words alleged would admit of two constructions, they should be taken in the less injurious and defamatory sense, or in mitiori sensu.
IN MODUM ASSISiE. In the manner or form of an assize. Bract, fol. 1836. In modum juratce, in manner of a jury. Id. fol. 1816.
IN MORA. In default; literally, in de­lay. In the civil law, a borrower who omits


or refuses to return the thing loaned at the proper time is said to be in mora. Story, Bailm. §§ 254, 259.
In Scotch law. A creditor who has be­gun without completing diligence necessary for attaching the property of his debtor is said to be in mora. Bell.
IN MORTUA MANU. Property owned by religious societies was said to be held in mortua manu, or in mortmain, since reli­gious men were civiliter mortui. 1 Bl. Comm. 479; Tayl. Gloss.
IN NOMINE DEI, AMEN. In the name of God, Amen. A solemn introduction, an­ciently used in wills and many other instru­ments. The translation is often used in wills at the present day.
IN NOTIS. In the notes.
In novo casn, novum remedium appo-nendnm est. 2 Inst. 3. A new remedy is to be applied to a new case.
IN NUBIBUS. In the clouds; in abey­ance; in custody of law. In nubibus, in mare, in terra, vel in custodia legis, in the air, sea, or earth, or in the custody of the law. Tayl. Gloss. In case of abeyance, the inheritance is figuratively said to rest in nu­bibus, or in gremio legis.
IN NUIXIUS BONIS. Among the goods or property of no person; belonging to no person, as treasure-trove and wreck were anciently considered.
IN NTJIiLO EST ERRATUM. In noth­ing is there error. The name of the common plea or joinder in error, denying the exist­ence of error in the record or proceedings; which is in the nature of a demurrer, and at once refers the matter of law arising thereon to the judgment of the court. 2 Tidd, Pr. 1173; Booth v. Com., 7 Mete. (Mass.) 285, 287.
In obscura voluntate manumittentis,
favendnm est libertati. Where the ex­pression of the will of one who seeks to man­umit a slave is ambiguous, liberty is to be favored. Dig. 50, 17, 179.
In obsenris, inspici solere quod veri-similius est, ant qnod plerumque fieri solet. In obscure cases, we usually look at what is most probable, or what most com­monly happens. Dig. 50, 17, 114.
In obsenris, qnod minimum est sequi-mnr. In obscure or doubtful cases, we fol-lpw that which is the least Dig. 50, 17, 9; 2 Kent, Comm. 557.
IN ODIUM SPOLIATORIS. In hatred of a despoiler, robber, or wrong-doer. The
Saratoga, 1 Gall. 174, Fed. Cas. No. 12,355; Arthur v. The Cassius, 2 Story, 99, Fed. Cas. No. 564. 1 Greenl. Ev. § 348.
In odium spoliatoris omnia prsesumun-tnr. To the prejudice (in condemnation) of a despoiler all things are presumed; every presumption is made against a wrongdoer. 1 Vern. 452.
In omni actione nbi duse conenrrnnt districtiones, videlicet, in rem et in per­sonam, ilia districtio tenenda est quae magis timetur et magis ligat. In every action where two distresses concur, that is, in rem and in personam, that is to be chosen which is most dreaded, and which binds most firmly. Bract fol. 372; Fleta, 1. 6, c. 14, §28.
In omni re nascitnr res quae ipsam rem exterminat. In everything there arises a thing which destroys the thing itself. Everything contains the element of its own destruction. 2 Inst. 15.
IN OMNIBUS. In all things; on all points. "A case" parallel in omnibus." 10 Mod. 104.
In omnibus contractibus, sive nomi-natis sive innominatis, permutatio con-tinetur. In all contracts, whether nominate or innominate, an exchange [of value, i. e., a consideration] is implied. Gravin. lib. 2, § 12; 2 Bl. Comm. 444, note.
In omnibus obligationibus in quibus dies non ponitur, prsesenti die debetur.
In all obligations in which a date is not put, the debt is due on the present day; the lia­bility accrues immediately. Dig. 50, 17, 14.
In omnibus [fere] poenalibus judiciis, et setati et imprudentiae succurritur. Ic
nearly all penal judgments, immaturity of age and imbecility of mind are favored. Dig. 50, 17, 108; Broom, Max. 314.
In omnibus quidem, maxime tamen in jure, sequitas spectanda sit. In all things, but especially in law, equity is to be regarded. Dig. 50, 17, 90; Story, Bailm. § 257.
IN PACATO SOLO. In a country which is at peace.
IN PACE DEI ET REGIS. In the peace of God and the king. Fleta, lib. 1, c. 31, § 6. Formal words in old appeals of murder.
IN PAIS. This phrase, as applied to a legal transaction, primarily means that it has taken place without legal proceedings. Thus a widow was said to make a request in pais for her dower when she simply applied to the heir without issuing a writ (Co. Litt. 326.) So conveyances are divided into those by matter of record and those by mat-


ter in pais. In some cases, however, "mat­ters in pais" are opposed not only to "mat­ters of record," but also to "matters In writ­ing," *. e., deeds, as where estoppel by deed is distinguished from estoppel by matter in pais. (Id. 352a.) Sweet.
IN PAPER. A term formerly applied to the proceedings in a cause before the rec­ord was made up. 3 Bl. Comm. 406; 2 Bur­rows, 1098. Probably from the circumstance of the record being always on parchment The opposite of "on record." 1 Burrows, 322.
IN PARI CAUSA. In an equal cause. In a cause where the parties on each side have equal rights.
In pari causa possessor potior haberi debet. In an equal cause he who has the possession should be preferred. Dig. 50, 17, 128, 1.
IN PARI DELICTO. In equal fault; equally culpable or criminal; in a ease of equal fault or guilt See Rozell v. Vansyckle, 11 Wash. 79, 39 Pac. 270.
In pari delicto potior est conditio pos­sidentis, [defendentis.3 In a case of equal or mutual fault [between two parties] the condition of the party in possession [or defending] is the better one. 2 Burrows, 926. Where each party is equally in fault, the law favors him who is actually in possession., Broom, Max. 290, 729. Where the fault is mutual, the law will leave the case as it finds it. Story, Ag. § 195.
IN PARI MATERIA. Upon the same matter or subject. Statutes in pari materia are to construed together. United Society v. Eagle Bank, 7 Conn. 457; State v. Ger-hardt, 145 Ind. 439, 44 N. B. 469, 33 L. R. A. 313; People v. New York Gent. By. Co., 25 Barb. (N. Y.) 201; Sales v. Barber Asphalt Pav. Co., 166 Mo. 671, 66 S. W. 979.
IN PATIENDO. In suffering, permitting, or allowing.
IN PECTORE JUDICIS. In the breast of the judge. Latch, 180. A phrase applied to a judgment
IN PEJOREM PARTEM. In the worst part; on the worst side. Latch, 159, 160.
In perpetual memory of a matter; for pre­serving a record of a matter. Applied to depositions taken in order to preserve the testimony of the deponent
IN PERPETUUM REI TESTIMONI­UM. In perpetual testimony of a matter;
for the purpose of declaring and settling a thing forever. 1 Bl. Comm. 86.
IN PERSON. A party, plaintiff or de­fendant who sues out a writ or other pro­cess, or appears to conduct his case in court himself, instead of through a solicitor or counsel, is said to act and appear in person.
IN PERSONAM, IN REM. In the Ro­man law, from which they are taken, the ex­pressions "in rem" and "in personam" were always opposed to one another, an act or proceeding in personam being one done or directed against or with reference to a spe­cific person, while an act or proceeding in rem was one done or directed with refer­ence to no specific person, and consequently against or with reference to all whom it might concern, or "all the world." The phrases were especially applied to actions; an actio in personam being the remedy where a claim against a specific person arose out of an obligation, whether ex contractu or em maleficio, while an actio in rem was one brought for the assertion of a right of prop­erty, easement, status, etc., against one who denied or Infringed it See Inst 4, 6, 1; Gaius, 4, 1, 1-10; 5 Sav. Syst 13, et seq.; Dig. 2, 4, 7, 8; Id. 4, 2, 9, 1.
From this use of the terms, they have come to be applied to signify the antithesis of "available against a particular person," and "available against the world at large." Thus, jura in personam are rights primarily available against specific persons; jura in rem, rights only available against the world at large.
So a Judgment or decree is said to be in rem when it binds third persons. Such is the sentence of a court of admiralty on a question of prize, or a decree of nullity or dissolution of marriage, or a decree of a court in a foreign country as to the status of a person domiciled there.
Lastly, the terms are sometimes used to signify that a judicial proceeding operates on a thing or a person. Thus, it is said of the court of chancery that it acts in perso­nam, and not in rem, meaning that its de­crees operate by compelling defendants to do what they are ordered to do, and not by producing the effect directly. Sweet. See Cross v. Armstrong, 44 Ohio St 613, 10 N. E. 160; Cunningham v. Shanklin, 60 Cal. 125; Hill v. Henry, 66 N. J. Eq. 150, 57 Atl. 555.
In personam actio est, qua cum eo agimus qui obligatus est nobis ad faci­endum aliquid Tel dandum. The actiot in personam is that by which we sue him who is under obligation to us to do some­thing or give something. Dig. 44, 7, 25; Bract 1016.
IN PIOS USUS. For pious uses; for re­ligious purposes. 2 Bl. Comm. 505.


IN PLACE. In mining law, rock or min­eralized matter is "in place" when remain­ing as nature placed it, that Is, unsevered from the circumjacent rock, or which is fixed solid and immovable in the form of a vein or lode. See Williams v. Gibson, 84 Ala. 228, 4 South. 350, 5 Am. St. Rep. 368; Ste­vens v. Williams, 23 Fed. Cas. 44; Tabor v. Dexler, 23 Fed. Cas. 615; Leadville Co. v. Fitzgerald, 15 Fed. Cas. 99; Jones v. Pros­pect Mountain Tunnel Co., 21 Nev. 339, 31 Pac. 645.
IN PLENA VITA. In full life. Tearb. P. 18 Hen. VI. 2.
IN PLENO COMTTATTT. In full coun­ty court. 3 Bl. Comm. 36.
IN PLENO LTTMINE. In public; In common knowledge; In the light of day.
In poenalibns causis benignius inter-pretandnnt est. In penal causes or cases, the more favorable Interpretation should be adopted. Dig. 50, 17, (197), 155, 2; Plowd. 866, 124; 2 Hale, P. C. 365.
IN POSSE. In possibility; not in actual existence. See In Esse.
power of a parent. Inst. 1, 8, pr.; Id. 1, 9; 2 Bl. Comm.' 498.
IN PRiEMISSORUM FIDEM. In con­firmation or attestation of the premises. A notarial phrase.
In prseparatoriis ad judicium favetur actori. 2 Inst. 57. In things preceding judgment the plaintiff is favored.
IN PR^JSENTI. At the present time. 2 Bl. Comm. 166. Used In opposition to in futuro. See Van Wyck v. Knevals, 106 U. S. 360, 1 Sup. Ct. 336, 27 I/. Ed. 201.
In prsesentia majoris potestatis, mi­nor potestas cessat. In the presence of the superior power, the Inferior power ceas­es. Jenk. Cent. 214, c. 53. The less author­ity Is merged in the greater. Broom, Max. 111. v
IN PRENDER. L. Fr. In taking. A term applied to such Incorporeal heredita­ments as a party entitled to them was to take for himself; such as common. 2 Steph. Comm. 23; 3 BL Comm. 15.
In pretio emptionis et venditionis, na-turaliter licet contrahentibua se cir-c—mvenire. In the price of buying and sell-?Ing, it Is naturally allowed to the contract­ing parties to overreach eaeh other. 1 Story, Cont. 606.
IN FRIMIS. In the first place. A phrase used In argument
IN PRINCIPIO. At the beginning.
IN PROMPTU. In readiness; at hand.
In propria causa nemo judex. No one
can be judge in his own cause. 12 Coke, 13.
IN PROPRIA PERSONA. In one's own proper person.
In quo quis delinquit, in eo de jure est puniendus. In whatever thing one offends, In that is he rightfully to be punished. Co. Litt. 2336/ Wing. Max. 204, max. 58. The punishment shall have relation to the nature of the offense.
IN RE. In the affair; in the matter of. This is the usual method of entitling a judi­cial proceeding in which there are not adver­sary parties, but merely some res concerning which judicial action is to be taken, such as a bankrupt's estate, an estate in the probate court, a proposed public highway, etc. It is also sometimes used as a designation of a proceeding where one party makes an appli­cation on his own behalf, but such proceed­ings are more usually entitled "Ex parte _____»»
In re communi neminem dominorunt jure facere quicquam, invito altero, posse. One co-proprietor can exercise no authority over the common property against the will of the other. Dig. 10, 3, 28.
In re communi potior est conditio pro-bibentis. In a partnership the condition of one who forbids is the more favorable.
In re dubia, benigniorem interpreta-tionem sequi, non minus justius est quant tutius. In a doubtful matter, to follow the more liberal interpretation is not less the juster than the safer course. Dig. 50, 17, 192, 1.
In re dubia, magis inficiatio quam af-firmatio intelligenda. In a doubtful mat­ter, the denial or negative is to be under­stood, [or regarded,] rather than the affirm­ative. Godb. 37.
In re lupanari, testes lupanares ad-mittentur. In a matter concerning a brothel, prostitutes are admitted as wit­nesses. Van Epps r. Van Epps, 6 Barb. (N. T.) 320, 324.
In re pari potiorem causam esse pro-bibentis constat. In a thing equally shared [by several] it Is clear that the party refus­ing [to permit the use of it] has the better cause. Dig. 10, 3, 28. A maxim' applied


to partnerships, where one partner has a right to withhold his assent to the acts of his copartner. 3 Kent, Comm. 45.
In , re propria iniquum admodum est alien! licentiam tribnere sententise. It
is extremely unjust that any one should be judge in his own cause.
In rebns manifestis, errat qui author-itates legum allegat; quia perspicne ve­ra non snnt probanda. In clear cases, he mistakes who cites legal authorities; for ob­vious truths are not to be proved. 5 Coke, 67a. Applied to cases too plain to require the support of authority; "because," says the report, "he who endeavors to prove them obscures them."
In rebns quae snnt favorabilia animse, quamvis snnt damnosa rebus, fiat ali-qnando extensio statnti. 10 Coke, 101. In things that are favorable to the spirit, though injurious to things, an extension of a statute should sometimes be made.
IN REM. A technical term used to des­ignate proceedings or actions instituted against the thing, in contradistinction to per­sonal actions, which are said to be in perso­nam. See In Personam.
It is trtfe that, in a strict sense, a proceeding in rem is one taken directly against property, and has for its object the disposition of prop­erty, without reference to the title of individual claimants; but, in a larger and more general sense, the terms are applied to actions between parties, where the direct object is to reach and dispose of property owned by them, or of some interest therein. Such are cases commenced by attachment against the property of debtors, or instituted to partition real estate, foreclose a mortgage, or enforce a lien. So far as they affect property in this state, they are substan­tially proceedings in rem in the broader sense which we have mentioned. Pennoyer v. Neff, 95 U. S. 734, 24 L. Ed. 565. —Qnasi in rem. A term applied to proceed­ings which are not strictly and purely in rem, but are brought against the defendant personal­ly, though the real object is to deal with par­ticular property or subject property to the dis­charge of claims asserted; for example, foreign attachment, or proceedings to foreclose a mort­gage, remove a cloud from title, or effect a par­tition. See Freeman v. Alderson. 119 U. S. 187, 7 Sup. Ct. 165, 30 L. Ed. 372; Hill v. Henry, 66 N. J. Eq. 150, 57 Atl. 555.
In rem actio est per quam rem nos-tram quae ab alio possidetur petimus, et semper adversns enm est qui rem possi-det. The action in rem is that by which we seek our property which is possessed by an­other, and is always against him who pos­sesses the property. Dig. 44, 7, 25; Bract. fol. 102.
IN BENDER. A thing is said to lie in render when it must be rendered or given by the tenant; as rent. It is said to lie in prender when it consists in the right in the lord or other person to take something.
In republica mazime conservanda snnt jura belli. In a state the laws of war are to be especially upheld. 2 Inst 58.
IN RERUM NATURA. In the nature of things; in the realm of actuality; in exist­ence. In a dilatory plea, an allegation that the plaintiff is not in rerum natura is equiv­alent to averring that the person named is fictitious. 3 Bl. Comm. 301. In the civil law the phrase is applied to things. Inst 2, 20, 7.
In restitutionem, non in poenam hseres succedit. The heir succeeds to the restitu­tion, not to the penalty. An heir may be compelled to make restitution of a sum un­lawfully appropriated by the ancestor, but is not answerable criminally, as for a pen­alty. 2 Inst. 198.
In restitutionibus benignissima inter-pretatio f acienda est. Co. Litt. 112. The most benignant interpretation is to be made in restitutions.
In satisfactionibns non permittitur amplius tferi quam semel factum est. In
payments, more must not be received than has been received once for all. 9 Coke, 53.
IN SCRINIO JUDICIS. In the writing-case of the judge; among the judge's pa­pers. "That is a thing that rests in scrinio judicis, and does not appear in the body of the decree." Hardr. 51.
IN SEPARALI. In several; In several­ty. Fleta, lib. 2, c. 54, § 20.
IN SIMILI MATERIA. Dealing with the same or a kindred subject-matter.
In simple pilgrimage. Bract fol. 338. A phrase in the old law of essoins. See In Geneeali Passagio.
IN SOZ.IDO. In the civil law. For the whole; as a whole. An obligation in solido is one where each of the several obligors is liable for the whole; that is, it is joint and several. Henderson v. Wadsworth, 115 U. S. 264, 6 Sup. Ct 140, 29 L. Ed. 377. Pos­session in solidwm Is exclusive possession.
When several persons obligate themselves to the obligee by the terms "in solido," or use any other expressions which clearly show that they Intend that each one shall be separately bound to perform the whole of the obligation, it is called an "obligation m solido" on the part of the obligors. Civ. Code La. art. 2082.
IN SOLIDUM. For the whole. Bi plures sint fldejussores, quotquot eruni nu-mero, singuli in solidwm tenentur, if there


be several sureties, however numerous they may be, they are individually bound for the whole debt. Inst 3, 21, 4. In parte sive in solidum, for a part or for the whole.. Id. 4, 1, 16. See Id. 4, 6, 20; Id. 4, 7, 2.
IN SOLO. In the soil or ground. In solo alieno, in another's ground. In solo proprio, in one's own ground. 2 Steph. Comm. 20.
IN SPECIE. * Specific; specifically. Thus, to decree performance in specie is to decree specific performance.
In kind; in the same or like form. A thing is said to exist m specie when it re­tains its existence as a distinct individual of a particular class.
IN STATU' QUO. In the condition In which it was. See Status Quo.
In stipnlationibns, com quseritur qnid actum sit verba contra stipulatorem in-terpretanda sunt. In the construction of agreements words are interpreted against the person using them. Thus, the construc­tion of the stipulatio is against the stipu­lator, and the construction of the promissio against the promissor. Dig. 45, 1, 38, 18; Broom, Max. 599.
In stipnlationibns, id tempns specta-tnr qno contrahimus. In stipulations, the time when we contract Is regarded. Dig. 50, 17, 144, 1.
IN STIRPES. In the law of intestate succession. According to the roots or stocks; by representation; as distinguished from succession per capita. See Peb Stibpes; Peb Capita.
In sno qnisqne negotio bebetior est quant in alieno. Every one is more dull in his own business than in another's.
IN TANTUM. In so much; so much; so far; so greatly. Reg. Orig. 97, 106.
terms of determination; exactly in point. 11 Coke, 40&. In express or determinate terms. 1 Leon. 93.
IN TERROREM. In terror or warn­ing; by way of threat. Applied to legacies given upon condition that the recipient shall not dispute the validity or the dispositions of the will; such a condition being usually regarded as a mere threat.
IN TERROREM POPUIX Lat. To the terror of the people. A technical phrase necessary in indictments for riots. 4 Car. & P. 373.
Bl.Law Dict.(2d Ed.)—39
In testamentis plenius testatoris in-tentionem scrutamur. In wills we more especially seek out the intention of the tes­tator. 3 Bulst. 103; Broom, Max. 555.
In testamentis plenius volnntates tes-tantinm interpretantur. Dig. 50, 17, 12. In wills the intention of testators is more especially regarded. "That is to say," says Mr. Broom, (Max., 568,) "a will will receive a more liberal construction than its strict meaning, if alone considered, would permit."
In testamentis ratio tacita non debet considerari, sed verba solum spectari debent; adeo per divinationem mentis a verbis recedere durum est. In wills an
unexpressed meaning ought not to be con­sidered, but the words alone ought to be looked to; so hard is it to recede from the words by guessing at the intention.
IN TESTIMONIUM. Lat. In witness; in evidence whereof.
IN TOTIDEM VERBIS. In so many words; in precisely the same words; word for word
IN TOTO. In the whole; wholly; com­pletely ; as the award is void in toto.
In toto et pars continetur. In the
whole the part also is contained. Dig. 50, 17, 113.
In traditionibus scriptorum, non quod dictum est, sed quod gestum est, inspi-citur. In the delivery of writings, not what is said, but what is done, is looked to. 9 Coke, 137a.
IN TRAJECTU. In the passage over; on the voyage over. See Sir William Scott, 3 C. Rob. Adm. 141.
IN TRANSITU. In transit; on the way or passage; while passing from one person or place to another. 2 Kent, Comm. 540-552; More v. Lott, 13 Nev. 383; Amory Mfg. Co. v. Gulf, etc., R Co, 89 Tex. 419, 37 S. W. 856, 59 Am. St. Rep. 65. On the voyage 1 C. Rob. Adm. 338.
IN VACUO. Without object; without concomitants or coherence.
IN VADIO. In gage or pledge. 2 Bl. Comm. 157.
his mother's womb; spoken of an unborn child.
In veram quantitatem fidejussor tene-atur, nisi pro oerta quantitate aceessit.
Let the surety be holden for the true quan­tity, unless he agree for a certain quantity, Bean v. Parker, 17 Mass. 597.

In verbis, aon verba, sed res et ratio, quserenda est. Jenk. Cent 132. In the construction of words, not the mere words, but the thing and the meaning, are to be In­quired after.
IN VINCULIS. In chains; In actual custody. Gilb. Forum Rom. 97.
Applied also, figuratively, to the condition of a person who is compelled to submit to terms which oppression and his necessities impose on him. 1 Story, Eq. Jur. § 302.
IN VIRIDI OBSERVANTIA. Present to the minds of men, and in full force and operation.
IN WITNESS WHEREOF. The initial words of the concluding clause in deeds: "In witness whereof the said parties have hereunto set their hands," etc. A transla­tion of the Latin phrase "in cujus ret testi­monium."
INADEQUATE. Insufficient; dispropor­tionate; lacking in effectiveness or in con­formity to a prescribed standard or meas­ure.
—Inadequate damages. See Damages.—In­adequate price. A term applied to indicate the want of a sufficient consideration for a thing sold, or such a price as would ordinarily be en­tirely incommensurate with its intrinsic value. State v. Purcell, 131 Mo. 312, 33 S. W. 13; Stephens v. Ozbourne, 107 Tenn. 572, 64 S. W. 903, 89 Am. St. Rep. 937.—Inadequate rem­edy at law. Within the meaning of the rule that equity will not entertain a suit if there is an adequate remedy at law, this does not mean that there must be a failure to collect money or damages at law, but the remedy is considered inadequate if it is, in its nature and character, unfitted or not adapted to the end in view, as, for instance, when the relief sought is preven­tive rather than compensatory. Cruickshank v. Bidwell, 176 U. S. 73. 20 Sup. Ct. 280, 44 L. Ed. 377; Safe Deposit & Trust Co. v. Annis-ton (C. C.) 96 Fed. 663; Crawford County v. Laub, 110 Iowa, 355, 81 N. W. 590.
INADMISSIBLE. That which, under the established rules of law, cannot be ad­mitted or received; e. g., parol evidence to contradict a written contract.
INADVERTENCE. Heedlessness; lack of attention; failure of a person to pay care­ful and prudent attention to the progress of a negotiation or a proceeding in court by which his rights may be affected. Used chiefly in statutory enumerations of the grounds on which a judgment or decree may be vacated or set aside; as, "mistake, inad­vertence, surprise, or excusable neglect." See Skinner v. Terry, 107 N. C. 103, 12 S. E. 118; Davis v. Steuben School Tp., 19 Ind. App. 694, 50 N. E. 1; .Taylor v. Pope, 106 N. C. 267, 11 S. E. 257, 19 Am. St. Rep. 530; Thompson v. Connell, 31 Or. 231, 48 Pac. 467, 65 Am. St Rep. 818.
IN.XDIFICATIO. Lat. In the civil law. Building on another's land with one's
own materials, or on one's own land with another's materials.
INALIENABLE. Not subject to aliena­tion ; the characteristic of those things which cannot be bought or sold or transferred from one person to another, such as rivers and public highways, and certain personal rights; e. g., liberty.
INAUGURATION. The act of install­ing or inducting into office with formal cere­monies, as the coronation of a sovereign, the inauguration of a president or governor, or the consecration of a prelate.
INBLAURA. In old records. Profit or product of ground. Cowell.
INBOARD. In maritime law, and par­ticularly with reference to the stowage of cargo, this term Is contrasted with "out­board." It does not necessarily mean un­der deck, but is applied to a cargo so piled or stowed that it does not project over the "board" (side or rail) of the vessel. See Al­len v. St Louis Ins. Co., 46 N. Y. Super. Ct. 181.
INBORH. In Saxon law. A security, pledge, or hypotheca, consisting of the chat­tels of a person unable to obtain a personal "borg," or surety.
INBOUND COMMON. An uninclosed common, marked out, however, by bounda­ries.
INCAPACITY. Want of capacity; want of power or ability to take or dispose; want of legal ability to act. Ellicott v. Ellicott, 90 Md. 321, 45 Atl. 183, 48 L. R. A. 58; Drews' Appeal, 58 N. H. 320; Appeal of Cleveland, 72 Conn. 340, 44 Atl. 476; In re Blinn, 99 Cal. 216, 33 Pac. 841.
—Legal incapacity; This expression implies that the person in view has the right vested in him, but is prevented by some impediment from exercising it; as in the case of minors, femes covert, lunatics, etc. An administrator has no right until letters are issued to him. Therefore he cannot benefit (as respects the time before obtaining letters) by a saving clause in a stat­ute of limitations in favor of persons under a legal incapacity to sue. Gates v. Brattle, 1 Root (Conn.) 187.
INCARCERATION, imprisonment; con­finement in a jail or penitentiary. This term is seldom used in law, though found occa­sionally in statutes, (Rev. St. Okl. 1903, § 2068.) When so used, it appears always to mean confinement by competent public au­thority or under due legal process, whereas "imprisonment" may be effected by a pri­vate person without warrant of law, and if unjustifiable is called "false imprison­ment" No occurrence of such a phrase as "false incarceration" has been noted. See Imprisonment.


INCASTELLARE. To make a building serve as a castle. Jacob.
INCAUSTUM, or ENCAUSTUM. Ink. Fleta, 1. 2, c. 27, § 5.
Incaiite factum pro non xacto babe-tur. A thing done unwarily (or unadvised­ly) will be taken as not done. Dig. 28, 4, 1.
INCENDIARY. A house-burner; one guilty of arson; one who maliciously and willfully sets another person's building on fire.
Incendium cere alieno non exult deb-itorem. Cod. 4, 2, 11. A fire does not release a debtor from his debt
INCEPTION. Commencement; opening; initiation. The beginning of the operation of a contract or will, or of a note, mortgage, lien, etc.; the beginning of a cause or suit in court. Oriental Hotel Co. v. Griffiths, 88 Tex. 574, 33 S. W. 652, 30 L. R. A. 765, 53 Am. St Rep. 790; Sullivan v. Coal Co., 94 Tex. 541, 63 S. W. 307; Marvin v. McCul-lum, 20 Johns. (N. Y.) 288; State v. Bollero, 112 Da. 850, 36 South. 754.
Incerta pro nullis babentur. Uncer­tain things are held for nothing. Dav. Ir. K. B. 33.
Incerta quantitas vitiat actum. 1 Rolle R. 465. An uncertain quantity vitiates the act
INCuax. xne cnuie oi sexual intercourse or cohabitation between a man and woman who are related to each other within the degrees wherein marriage is prohibited by law. People v. Stratton, 141 Oal. 604, 75 Pac. 166; State v. Herges, 55 Minn. 464, 57 N. W. 205; Dinkey v. Com., 17 Pa. 129, 55 Am. Dec. 542; Taylor v. State, 110 Ga. 150, 35 S. E. 161.
—Incestuous adultery. The elements of this offense are that defendant, being married to one person, has had sexual intercourse with another related to the defendant within the prohibited degrees. Cook v. State, 11 Ga. 53, 56 Am. Dec. 410.—Incestuous bastardy. Incestuous bas­tards are those who are produced by the illegal connection of two persons who are relations within the degrees prohibited by law. Civ. Code La. art 183.
INCH. A measure of length, containing one-twelfth part of a foot; originally sup­posed equal to three barleycorns.
—Inch of candle. A mode of sale at one time in use among merchants. A notice is first given upon the exchange, or other public place, as to the time of sale. The goods to he sold are divided into lots, printed papers of which, and the conditions of sale, are published. When the sale takes place, a small piece of candle, about an inch long, is kept burning, and the last bidder, when the candle goes out, is en­titled to the lot or parcel for which he bids. Wharton.—Incb of water. The unit for the measurement of a volume of water or of hy-
draulic power, being the quantity of water which, under a given constant head or pressure, will escape through an orifice one inch square (or a circular orifice having a diameter of one inch) in a vertical plane. Jackson Milling Co. v. Chandos, 82 Wis. 437, 52 N. W. 759 —Min­er's incb. The quantity of water which will escape from a ditch or reservoir through an orifice in its side one inch square, the center of the orifice being six inches below the constant level of the water, equivalent to about 1.6 cubic feet of water per minute. Defined by statute in Colorado as "an inch-square orifice under a five-inch pressure, a five-inch pressure being from the top of the orifice of the box put into tUe banks of the ditch to the surface of water " Mills' Ann. St. Colo. § 4643. See Longnure v. Smith, 26 Wash. 439, 67 Pac. 246, 58 L. R. A. 308.
INCHARTARE. To give, or grant and assure anything by a written instrument.
INCHOATE. Imperfect; unfinished; be­gun, but not completed; as a contract not executed by all the parties.
—Incboate instrument. Instruments which the law requires to be registered or recorded are said to be "inchoate" prior to registration, in that they are then good only between the parties and privies and as to persons having notice. Wilkins v. McCorkle, 112 Tenn. 688, 80 S. W. 834.—Incboate interest. An interest in real estate which is not a present interest, but which may ripen into a vested estate, if not barred,-extinguished, or divested. Rupe v. Hadley, 113 Ind. 416, 16 N. E. 391; Bever v. North, 107 Ind. 547, 8 N. E. 576; Warford v. Noble (C. C.) 2 Fed. 204.—Incboate dower. A wife's interest in the lands of her husband during his life, which may become a right of dower updn his death. Guerin v. Moore, 25 Minn. 465; Dingman v. Dingman, 39 Ohio St. 178; Smith v. Shaw, 150 Mass. 297, 22 N. E. 924.
INCIDENT. This word, used as a noun, denotes anything which inseparably belongs to, or is connected with, or inherent in, an­other thing, called the "principal." In this sense, a court-baron is incident to a manor. Also, less strictly, it denotes anything which is usually connected with another, or con­nected for some purposes, though not insep­arably. Thus, the right of alienation is inci­dent to an estate in fee-simple, though sepa­rable in equity. See Cromwell v. Phipps (Sur.) 1 N. Y. Supp. 278; Mount Carmel Fruit Co. v. Webster, 140 Cal. 183, 73 Pac. 826.
INCIDERE. Lat In the civil and old English law. To fall into. Calvin.
To fall out; to happen; to come to pass. Calvin.
To fall upon or under; to become subject or liable to. Incidere in legem, to incur the penalty of a law. Brissonius.
INCITE. Dat In the civil law. A trench. A place sunk by the side of a stream, so called because it is cut (incidatur) into or through the stone or earth. Dig. 43, 21, 1, 5. The term seems to have included ditches (fossw) and wells, (putei.)
INCINERATION. Burning to ashes ; de­struction of a substance by fire, as, the corpse of a murdered person.

}- other. The certain designation of one person ;s is an absolute exclusion of all others. 11 d Coke, 586.
d INCLUSIVE. Embraced; comprehend-i- ed; comprehending the stated limits or ex­tremes. Opposed to "exclusive."
—Inclusive survey. In land law, one which i- includes within its boundaries prior claims ex-j cepted from the computation of the area within h such boundaries and excepted in the grant. a Stockton v. Morris, 39 W. Va. 432, 19 S. E. - 531.
INCOLA. Lat In the civil law. An in-' habitant; a dweller or resident Properly, '» one who has transferred his domicile to any " country. >
Incolas domicilium facit. Residence creates domicile. Arnold v. United Ins. Co., 1 Johns. Cas. (N. Y.) 363, 366. •
INCOME. The return in money from one's business, labor, or capital invested;
> gains, profit, or private revenue. Braun's
Appeal, 105 Pa. 415; People v. Davenport, 30
', Hun (N. Y.) 177; In re Slocum, 169 N. Y.
> 153, 62 N. E. 130; Waring v. Savannah, 60
7 Ga. 99.
"Income" means that which comes in or is re­ceived from any business or investment of capi-
. ital, without reference to the outgoing expendi­tures ; while "profits" generally means the gain which is made upon any business or investment
1 when both receipts and payments are taken into account. "Income," when applied to the affairs of individuals, expresses the same idea that "rev­enue" does when applied to the affairs of a state or nation. People v. Niagara County, 4 Hill
i (N. Y.) 20; Bates v. Porter, 74 Cal. 224, 15 Pac. 732.
—Income tax. A tax on the yearly profits » arising from property, professions, trades, and
offices. 2 Steph. Comm. 573. Levi v. Louis-• ville, 97 Ky. 394, 30 S. W. 973, 28 L. R. A.
480; Parker v. Insurance Co., 42 La. Ann. 428,
7 South. 599.
> Incommodum non solvit argumentum.
l An inconvenience does not destroy an argu­ment
INCOMMUNICATION. In Spanish law. i The condition of a prisoner who is not per­mitted to see or to speak with any person visiting him during his confinement. A per-; son accused cannot be subjected to this treat-; ment unless it be expressly ordered by the judge, for some grave offense, and it cannot be continued for a longer period than is ab­solutely necessary. This precaution is re­sorted to for the purpose of preventing the accused from knowing beforehand the testi­mony of the witnesses, or from attempting to corrupt them and concert such measures as will efface the traces of his guilt. As soon, therefore, as the danger of his doing so has ceased, the interdiction ceases likewise. Escriche.
INCOMMUTABLE. Not capable of or entitled to be commuted. See Commutation.


INCOMPATIBLE. Two or more rela­tions, offices, functions, or rights which can­not naturally, or may not legally, exist in or be exercised by the same person at the same time, are said to be incompatible. Thus, the relations of lessor and lessee of the same land, in one person at the same time, are in­compatible. So of trustee and beneficiary of the same property. See People v. Green, 46 How. Prac. (N. Y.) 170; Com. v. Sheriff, 4 Serg. & R. (Pa.) 276; Regents of University of Maryland v. Williams, 9 Gill & J. (Md.) 422, 31 Am. Dec. 72.
INCOMPETENCY. Lack of ability, le­gal qualification, or fitness to discharge the required duty. In re Leonard's Estate, 95 Mich. 295, 54 N. W. 1082; In re Cohn, 78 N. Y. 252; Stephenson v. Stephenson, 49 N. C. 473; Nehrling v. State, 112 Wis. 637, 88 N. W. 610.
In New York, the word "incompetency" is used in a special sense to designate the con­dition or legal status of a person who is un­able or unfitted to manage his own affairs by reason of insanity, imbecility, or feeble-mind-edness, and for whom, therefore, a committee may be appointed; and such a person is des­ignated an "incompetent." See Code Civ. Proc. N. Y. § 2320 et seq.; In re Curtiss, 134 App. Div. 547, 119 N. Y. Supp. 556; In re Fox, 138 App. Div. 43, 122 N. Y. Supp. 889.
As applied to evidence, the word "incom­petent" means not proper to be received; in­admissible, as distinguished from that which the court should admit for the consideration of the jury, though they may not find it wor­thy of credence.
In French, law. Inability or insufficiency of a judge to try a cause brought before him, proceeding from lack of jurisdiction.
INCONCLUSIVE. That which may be disproved or rebutted; not shutting out fur­ther proof or consideration. Applied to evi­dence and presumptions.
INCONSISTENT. Mutually repugnant or contradictory; contrary, the one to the oth­er, so that both cannot stand, but the accept­ance or establishment of the one implies the abrogation or abandonment of the other; as, In speaking of "inconsistent defenses," or the repeal by a statute of "all laws inconsistent herewith." See In re Hickory Tree Road, 43 Pa. 142; Irwin v. Holbrook, 32 Wash. 349, 73 Pac. 361; Swan v. U. S., 3 Wyo. 151, 9 Pac. 931.
INCONSULTO. Lat In the civil law. Unadvisedly; unintentionally. Dig. 28, 4, 1.
INCONTINENCE. Want of chastity; in­dulgence in unlawful carnal connection. Lu­cas v. Nichols, 52 N. C. 35; State v. Hewlin, 128 N. C. 571, 37 S. E. 952.
INCONVENIENCE. In the rule that statutes should be so construed as to avoid
"inconvenience," this means, as applied to the public, the sacrifice or jeoparding of im­portant public interests or hampering the legitimate activities of government or the transaction of public business, and, as ap­plied to individuals, serious hardship or in­justice. See Black, Interp. Laws, 102; Betts y. U. S., 132 Fed. 237, 65 C. G. A. 452.
INCOPOLITUS. A proctor or vicar.
Incorporalia bello non adqnimntnr. Incorporeal things are not acquired by war. 6 Maule & S. 104.
INCOBPOBAMUS. We incorporate. One of the words by which a corporation may be created in England. 1 Bl. Comm. 473; 3 Steph. Comm. 173.
INCOBPOBATE. 1. To create a corpo­ration ; to confer a corporate franchise upon determinate persons.
2. To declare that another document shall be taken as part of the document in which the declaration is made as much as if it were set out at length therein. Railroad Co. v. Cupp, 8 Ind. App. 388, 35 N. E. 703.
INCORPORATION. 1. The act or pro­cess of forming or creating a corporation; the formation of a legal or political body, with the quality of perpetual existence and succession, unless limited by the act of incor­poration.
2.The method of making one document of any kind become a part of another separate document by referring to the former in the latter, and declaring that the former shall be taken and considered as a part of the latter the same as if it were fully set out therein. This is more fully described as "incorpora­tion by reference." If the one document is copied at length in the other, it is called "actual incorporation."
3.In the civil law. The union of one domain to another.
INCORPOREAL. Without body; not of material nature; the opposite of "corporeal," {q. v.)
—Incorporeal chattels. A class of incor­poreal rights growing out of or incident to things personal; such as patent-rights and copy­rights. 2 Steph. Coram. 72. See Boreel v. New York, 2 Sandf. (N. Y.) 559.—Incorporeal hereditaments. See Hereditaments.—In­corporeal property. In the civil law. That which consists in legal right merely. The same as choses in action at common law.—Incor­poreal things. In the civil law. Things which can neither be seen nor touched, such as consist in rights only, such as the mind alone can perceive. Inst. 2, 2; Civ. Code La. 1900, art. 460; Sullivan v. Richardson, 33 Fla. 1, 14 South. 692.
INCORRIGIBLE ROGUE. A species of rogue or offender, described in the statutes 5 Geo. IV. c. 83, and 1 & 2 Vict c 38. 4 Steph. Comm. 309.


INCREASE. (1) The produce of land; (X) the offspring of animals.
—Increase, affidavit of. Affidavit of pay­ment of increased costs, produced on taxation. —Increase, costs of. In English law. It was formerly a practice with the jury to award to the successful party in an action the nominal sum of 40s. only for his costs; and the court assessed, by their own officer the actual amount of the successful party's costs; and the amount so assessed, over and above the nominal sum awarded by the jury, was thence called "costs of increase." Lush, Com. Law Pr. 775. The practice has now wholly ceased. Rapal. & Law.
INCREMENTUM. Lat. Increase or im­provement, opposed to decrementum or abate­ment.
INCRIMINATE. To charge with crime; to expose to an accusation or charge of •crime; to involve oneself or another in a criminal prosecution or the danger thereof; as, in the rule that a witness is not bo,und to give testimony which would tend to incrim­inate him.
—Incriminating circumstance. A fact or circumstance, collateral to the fact of the com­mission of a crime, which tends to show either that such a crime has been committed or that some particular person committed it. Davis v. State, 51 Neb. 301, 70 N. W. 984.
INCROACHMENT. An unlawful gain­ing upon the right or possession of another.
INCULPATE. To impute blame or guilt; to accuse; to involve in guilt or crime.
INCULPATORY. In the law of evidence. Going or tending to establish guilt; intend­ed to establish guilt; criminative. Burrill, Circ. Ev. 251, 252.
INCUMBENT. A person who is in pres­ent possession of an office; one who is le­gally authorized to discharge the duties of an office. State v. McCollister, 11 Ohio, 50; State v. Blakemore, 104 Mo. 340, 15 S. W. 960.
In ecclesiastical law, the term signifies a clergyman who is in possession of a bene­fice.
INCUMBER. To incumber land is to make it subject to a charge or liability; e. g., by mortgaging it. Incumbrances include not only mortgages and other voluntary charges, but also liens, lites pendentes, reg­istered judgments, and writs of execution, etc. Sweet. See Newhall v. Insurance Co., 52 Me. 181.
INCUMBRANCE. Any right to, or In­terest in, land which may subsist in third per­sons, to the diminution of the value of the es­tate of the tenant, but consistently with the passing of the fee. Fitch v. Seymour, 9 Mete.
(Mass.) 467; Huyck v. Andrews, 113 N. Y. 81, 20 N. E. 581, 3 L. R, A. 789, 10 Am. St Rep. 432; Ailing v. Burlock, 46 Conn. 510; Demars v. Koehler, 62 N. J. Law, 203, 41 Atl. 720, 72 Am. St. Rep. 642; Lafferty v. Milligan, 165 Pa. 534, 30 Atl. 1030; Stam-baugh v. Smith, 23 Ohio St. 591.
A claim, lien, charge, or liability attach­ed to and binding real property; as, a mort­gage, judgment-lien, attachment right of dower, right of way or other easement, un­paid water rent lease, unpaid taxes or spe­cial assessment. Memmert v. McKeen, 112 Pa. 315, 4 Atl. 542; Gordon v. McCulloh, 66 Md. 245, 7 Atl. 457; Harrison v. Railroad Co., 91 Iowa, 114, 58 N. W. 1081; Kelsey v. Remer, 43 Conn. 129, 21 Am. Rep. 638; Runnels v. Webber, 59 Me. 490; Crocker v. Cottmg, 173 Mass. 68, 53 N. E. 158; In re Gerry (D. C.) 112 Fed. 959; Bowman v. Franklin Ins. Co., 40 Md. G31; Clark v. Fish­er, 54 Kan. 403, 38 Pac 493; Redmon v. In­surance Co., 51 Wis. 293, 8 N. W. 226, 37 Am. Rep. 830; Funk v. Voneida, 11 Serg. & R. (Pa.) 112, 14 Am. Dec. 617; Farnngton v. Tourtelott (C. C.) 39 Fed. 740; Maddocks v. Stevens, 89 Me. 336, 36 Atl. 398.
—Incumbrances, covenant against. See
INCUMBRANCER. The holder of an in­cumbrance, e. g., a mortgage, on the estate of another. De Voe v. Rundle, 33 Wash. 604, 74 Pac. 836; Shaeffer v. Weed, 8 111. 514; Newhall v. Insurance Co., 52 Me. 181.
INCUR. Men contract debts; they incur liabilities. In the one case, they act affirma­tively ; in the other, the liability is incurred or cast upon them by act or operation of law. "Incur" means something 'beyond contracts, —something not embraced in the word "debts." Crandall v. Bryan, 5 Abb. Prac. (N. Y.) 169; Beekman v. Van Dolsen, 70 Hun, 288, 24 N. Y. Supp. 414; Ashe v. Young, 68 Tex. 123, 3 S. W. 454.
INCURRAMENTUM. L. Lat The lia­bility to a fine, penalty, or amercement Cow.ell.
INDE. Lat. Thence; thenceforth; there­of; thereupon; for that cause.
Inde datse leges ne fortior omnia pos­set. Laws are made to prevent the stronger from having the power to do everything. Dav. Ir. K. B. 36.
INDEBITATUS. Lat Indebted. Nun-quam indebitatus, never indebted. The title of the plea substituted in England for nil debet.
—Indebitatus assumpsit. Lat. Being in­debted, he promised or undertook. This is the name of that form of the action of assumpsit in which the declaration alleges a debt or ob-


ligation to be due from the defendant, and then avers that, in consideration thereof, he promised to pay or discharge the same.
INDEBITI SOLUTIO. Lat In the civ­il and Scotch law. A payment of what is not due. When made through ignorance or by mistake, the amount paid might be re­covered back by an action termed "conditio indeMti." (Dig. 12, 6.) Bell.
INDEBITUM: In the civil law. Not due or owing. (Dig. 12, 6.) Calvin.
INDEBTEDNESS. The state of being in debt, without regard to the ability or ina­bility of the party to pay the same. See 1 Story, Bq. Jur. 343; 2 Hill, Abr. 421.
The word implies an absolute or complete lia­bility. A contingent liability, such as that of a surety before the principal has made default, does not constitute indebtedness. On the other hand, the money need not be immediately pay­able. Obligations yet to become due constitute indebtedness, as well as those already due. St. Louis Perpetual Ins. Co. v. Goodfellow, 9 Mo. 149.
INDECENCY. An act against good be­havior and a just delicacy. Timmons v. U. S., 85 Fed. 205, 30 C. C. A. 74; McJunkins v. State, 10 Ind. 144; Ardery v. State, 56 Ind. 328.
This is scarcely a technical term of the law, and is not susceptible of exact definition or description in its juridical uses. The ques­tion whether or not a given act, publication, etc., is indecent is for the court and jury in the particular case.
—Indecent exposure. Exposure to sight of the private parts of the body in a lewd or in­decent manner in a public place. It is an in­dictable offense at common law, and by statute in many of the states. State v. Bauguess, 106 Iowa, 107, 76 N. W. 508.—Indecent liberties. In the statutory offense of "taking indecent liberties with the person of a female child," this phrase means such liberties as the common sense of society would regard as indecent and improper. According to some authorities, it in­volves an assault or attempt at sexual inter­course, (State v. Kunz, 90 Minn. 526, 97 N. W. 131,) but according to others, it is not necessary that the liberties or familiarities should have related to the private parts of the child, (People v. Hicks, 98 Mich. 86, 56 N. W. 1102.)—In­decent publications. Such as are offensive to modesty and delicacy; obscene; lewd ; tend­ing to the corruption of morals. Dunlop v. U. S., 169 U. S. 486, 17 Sup. Ct. 375, 41 L. Ed. 799; U. S. v. Britton (Com. C.) 17 Fed. 733; People v. Muller, 96 N. Y. 408, 48 Am. Rep. 635. —Public indecency. This phrase has no fix­ed legal meaning, is vague and indefinite, and cannot, in itself, imply a definite offense. The courts, by a kind of judicial legislation, in Eng­land and the United States, have usually lim­ited the operation of the term to public displays of the naked person, the publication, sale, or exhibition of obscene books and prints, or the exhibition of a monster,—acts which have a di­rect bearing on public morals, and affect the body of society. The Indiana statute punish­ing public indecency, without defining it, can be construed only as that term is used at com­mon law, where it is limited to indecencies in conduct, and does not extend to indecent words. McJunkins v. State, 10 Ind. 140.
INDECIMABUE. In old English law. That which is not titheable, or liable to pay tithe. 2 Inst 490.
INDEFEASIBLE. That which cannot be defeated, revoked, or made void. This term is usually applied to an estate or right which cannot be defeated.
INDEFENSUS. Lat. In old English practice. Undefended; undented by plead­ing. A defendant who, makes no defense or plea. 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 subsequent period, however remote. 1 Steph. Comm. 562. A failure of issue when­ever it shall happen, sooner or later, with­out any fixed, certain, or definite period within which it must happen. 4 Kent, Comm. 274. Anderson v. Jackson, 16 Johns. (N. Y.) 399, 8 Am. Dec. 330; Downing v. Wherrin, 19 N. H. 84, 49 Am. Dec. 139; Huxford v. Milli-gan, 50 Ind. 546.
INDEFINITE PAYMENT. In Scotch law. Payment without specification. In­definite payment is where a debtor, owing several debts to one creditor, makes a pay­ment to the creditor, without specifying to which of the debts he means the payment to be applied. See Bell.
Indefinitum sequipollet universal!. The
undefined is equivalent to the whole. 1 Vent 368.
Indefinitum supplet locum universa­lis. The undefined or general supplies the place of the whole. Branch, Princ.
INDEMNIFICATUS. Lat Indemnified. See Indemnify.
INDEMNIFY. To save harmless; to secure against loss or damage; to give se­curity for the reimbursement of a person in case of an anticipated loss falling upon him.
Also to make good; to compensate; to make reimbursement to one of a loss already incurred by him. Cousins v. Paxton & Gal­lagher Co., 122 Iowa, 465, 98 N. W. 277; Weller v. Eames, 15 Minn. 467 (Gil. 376), 2 Am. Rep. 150; Frye v. Bath Gas Co., 97 Me. 241, 54 Atl. 395, 59 L, R. A. 444, 94 Am. St. Rep. 500.
INDEMNIS. Lat. Without hurt harm, or damage; harmless.
INDEMNITEE. The person who, in a contract of indemnity, is to be indemnified or protected by the other.
INDEMNITOR. The person who is bound, by an indemnity contract to indem­nify or protect the other.

INDEMNITY, An indemnity is a col­lateral contract or assurance, by which one person engages to secure another against an anticipated loss or to prevent him from be­ing damnified by the legal consequences of an act or forbearance on the part of one of the parties or of some third person. See Civ. Code Cal. § 2772, Davis v. Phoenix Ins. Co., Ill Cal. 409, 43 Pac. 1115; Vandiver v. Pollak, 107 Ala. 547, 19 South. 180, 54 Am. St. Rep. 118; Henderson-Achert lithograph­ic Co. v. John Shillito Co., 64 Ohio St 236, 60 N. B. 295, 83 Am. St. Rep. 745. Thus, in­surance is a contract of indemnity. So an Indemnifying bond is given to a sheriff who fears to proceed under an execution where the property is claimed by a stranger.
The term is also used to denote a compen­sation given to make the person whole from a loss already sustained; as where the gov­ernment gives indemnity for private proper­ty taken by It for public use.
A legislative act, assuring a general dis­pensation from punishment or exemption from prosecution to persons involved in of­fenses, omissions of official duty, or acts in excess of authority, is called an indemnity; strictly it is an act of indemnity.
—Indemnity bond. A bond for the payment of a penal sum conditioned to be void if the obligor shall indemnify and save harmless the obligee against some anticipated loss or liabil­ity.—Indemnity contract. A contract be­tween two parties whereby the one undertakes and agrees to indemnify the other against loss or damage arising from some contemplated act on the part of the indemnitor, or from some re­sponsibility assumed by the indemnitee, or from the claim or demand of a third person, that is, to make good to him such pecuniary damage as he may suffer. See Wicker v. Hoppock, 6 Wall. 99, 18 L. Ed. 752.—Indemnity lands. Lands granted to railroads, in aid of their construc­tion, being portions of the public domain, to be selected in lieu of other parcels embraced with­in the original grant, but which were lost to the railroad by previous disposition or by reserva­tion for other purposes. See Wisconsin Cent. R. Co. v. Price County, 133 U. S. 496, 10 Sup. Ct. 341, 33 'L. Ed. 687; Barney v. Winona & St. P. R. Co., 117 U. S. 228, 6 Sup. Ct 654, 29 D. Ed. 858; Altschul v. Clark, 39 Or. 315, 65 Pac. 991.
INDEMPNIS. The old form of writing indemnis. Townsh. PI. 19. So, indempni-ficatus for indemniflcatus.
INDENIZATION. The act of making a denizen, or of naturalizing.
INDENT, n. In American law. A cer­tificate or indented certificate issued by the government of the United States at the close of the Revolution, for the principal or inter­est of the public debt Webster. See U. S. r. Irwin, 26 Fed. Cas. 546.
INDENT, v. To cut in a serrated or waving line. In old conveyancing, if a deed was made by more parties than one, it was usual to make as many copies of it as there
were parties, and each was cut or indented (either in acute angles, like the teeth of a saw, or In a waving line) at the top or side, to tally or correspond with the others, and the deed so made was called an "indenture." Anciently, both parts were written on the same piece of parchment, with some word or letters written between them through which the parchment was cut, but afterwards, the word or letters being omitted, indenting came into use, the idea of which was that the gen­uineness of each part might be proved by its fitting into the angles cut in the other. But at length even this was discontinued, and at present the term serves only to give name to the species of deed executed by two or more parties, as opposed to a deed-poll, (q. v.) 2 Bl. Comm. 295.
To bind by indentures; to apprentice; as to indent a young man to a shoe-maker. Webster.
INDENTURE. A deed to which two or more persons are parties, and in which these enter into reciprocal and corresponding grants or obligations towards each other; whereas a deed-poll is properly one in which only the party making it executes it, or binds himself by it as a deed, though the grantors or grantees therein may be several in num­ber. 3 Washb. Real Prop. 311; Scott v. Mills, 10 N. Y. St. Rep. 358; Bowen v. Beck, 94 N. Y. 89, 46 Am. Rep. 124; Hopewell Tp*v. Am-well Tp., 6 N. J. Law, 175. See Indent, v.
—Indenture of apprenticeship. A contract in two parts, by which a person, generally a minor, is bound to serve another in his trade, art, or occupation for a stated time, on condi­tion of being instructed in the same.
INDEPENDENCE. The state or condi­tion of being free from dependence, subjec­tion, or control. Political Independence is the attribute of a nation or state which is entirely autonomous, and not subject to the government control, or dictation of any ex­terior power.
INDEPENDENT. Not dependent; not subject to control, restriction, modification, or limitation from a given outside source.
—Independent contract. See Contract.— Independent contractor. In the law of agen­cy and of master and servant, an independent contractor is one who, exercising an independent employment, contracts to do a piece of work according to his own methods and without be­ing subject to the control of his employer ex­cept as to the result of the work; one who contracts to perform the work at his own risk and cost, the workmen being his servants, and he, and not the person with whom he contracts, being liable for their fault or misconduct. Peo­ple v. Orange County Road Const. Co., 175 N. Y. 84, 67 N. E. 129, 65 L. R, A. 33; Waters v. Pioneer Fuel Co., 52 Minn. 474, 55 N. W. 52, 38 Am. St. Rep. 564; Smith v. Simmons, 103 Pa. 36, 49 Am. Rep. 113; Holmes v. Ten­nessee Coal, etc., Co., 49 La. Ann. 1465, 22 South. 403; Bibb v. Norfolk & W. R. Co., 87 Va. 711, 14 S. E. 165; Louthan v. Hewes, 138 Cal. 116, 70 Pac. 1065.—Independent cove­nant. See Covenant.


Independenter se babet assecnratio a ?iaggio navis. The voyage insured is an independent or distinct thing from the voyage of the ship. 3 Kent, Comm. 318, note.
INDETERMINATE. That which is un­certain, or not particularly designated; as If I sell you one hundred bushels of wheat, without stating what wheat. 1 Bouv. Inst. no. 950.
INDEX. A book containing references, alphabetically arranged, to the contents of a series or collection of volumes; or an addi­tion to a single volume or set of volumes con­taining such references to its contents.
Index animi nrmo. Language is the exponent of the intention. The language of a statute or instrument is the best guide to the intention. Broom, Max. 622.
INDIANS. The aboriginal inhabitants of North America. Frazee v. Spokane Coun­ty, 29 Wash. 278, 69 Pac. 782.
—Indian country. This term does not neces­sarily import territory owned and occupied by Indians, but it means all those portions of the United States designated by this name in the legislation of congress. Waters v. Campbell, 4 Sawy. 121, Fed. Cas. No. 17,264; In re Jack­son (C. C.) 40 Fed. 373.—Indian tribe. A separate and distinct community or body of the aboriginal Indian race of men found in the United States. Montoya v. U. S., 180 U. S. 261, 21 Sup. Ct. 358, 45 L. Ed. 521; Cherokee Nation v. Georgia, 5 Pet 17, 8 L. Ed. 25.
INDICABE. Lat. In the civil law. To show or discover. To fix or tell the price of a thing. Calvin. To inform against; to ac­cuse.
INDICATIF. An abolished writ by which a prosecution was in some cases re­moved from a court-christian to the queen's bench. Enc. Lond.
INDICATION. In the law of evidence. A sign or token; a fact pointing to some in­ference or conclusion. Burrill, Circ. Ev. 251, 252, 263, 275.
INDICATIVE EVIDENCE. This is not evidence properly so called, but the mere sug­gestion of evidence proper, which may pos­sibly be procured if the suggestion is follow­ed up. Brown.
INDICAVIT. In English practice. A writ of prohibition that lies for a patron of a church, whose clerk is sued in the spiritual court by the clerk of another patron, for tithes amounting to a fourth part of the value of the living. 3 Bl. Comm. 91; 3 Steph. Comm. 711. So termed from the em­phatic word of the Latin form. Reg. Orig. 856, 36.
INDICIA. Signs; Indications. Circum­stances which point to the existence of a
given fact as probable, but not certain. For example, "indicia of partnership" are any circumstances which would induce the belief that a given person was in reality, though not ostensibly, a member of a given firm.
INDICIUM. In the civil law. A sign or mark. A species of proof, answering very nearly to the circumstantial evidence of the common law. Best, Pres. p. 13, § 11, note; Wills, Circ. Ev. 34.
INDICT. See Indictment.
INDICTABLE. Proper or necessary to be prosecuted by process of indictment.
INDICTED. Charged In an indictment with a criminal offense. See Indictment.
INDICTEE. A person indicted.
INDICTIO. In old public law. A dec­laration; a proclamation. Indictio belli, a declaration or indiction of war. An indict­ment.
INDICTION, CYCLE OF. A mode of computing time by the space of fifteen years, instituted by Constantine the Great; origi­nally the period for the payment of certain taxes. Some of the charters of King Edgar and Henry III. are dated by indictions. Wharton.
INDICTMENT. An indictment is an ac­cusation in writing found and presented by a grand jury, legally convoked and sworn, to the court in which it is impaneled, charg­ing that a person therein named has done some act, or been guilty of some omission, which, by law, is a public offense, punishable on indictment. Code Iowa 1880, § 4295; Pen. Code Cal. § 917; Code Ala. 1886, § 4364. And see Grin v. Shine, 187 U. S. 181, 23 Sup. Ct. 98, 47 L. Ed. 130; State v. Walker, 32 N. C. 236; Ex parte Hart, 63 Fed. 259, 11 C. C. A. 165, 28 L. R. A. 801; Ex parte Bain, 121 U. S. 1, 7 Sup. Ct. 781, 30 L. Ed. 849; Ex parte Slater, 72 Mo. 102; Finley v. State, 61 Ala. 201.
A presentment differs from an indictment in that it is an accusation made by a grand jury of their own motion, either upon their own ob­servation and knowledge, or upon evidence be­fore them; while an indictment is preferred at the suit of the government, and is usually fram­ed in the first instance by the prosecuting of­ficer of the government, and by him laid before the grand jury, to be found or ignored. An in­formation resembles in its form and substance an indictment, but is filed at the mere discre­tion of the proper law officer of the government, without the intervention or approval of a grand jury. 2 Story, Const. §§ 1784, 1786.
In Scotch, law. An indictment is the form of process by which a criminal is brought to trial at the instance of the lord advocate. Where a private party is a principal prosecu-


tor, he brings his charge in what is termed the "form of criminal letters."
—Joint indictment. When several offenders are joined in the same indictment, such an in­dictment is called a "joint indictment;'? as when principals in the first and second degree, and accessaries before and after the fact, are all joined in the same indictment. 2 Hale, P. C. 173; Brown.
Indictment de felony est contra pacem domini regis, coronam et dignitatem roam, in genere et non inindividno; quia in Anglia non est interregnum. Jenk. Cent. 205. Indictment for felony is against the peace of our lord the king, his crown and dignity in general, and not against his indi­vidual person; because in England there is no interregnum.
INDICTOR. He who causes another to be indicted. The latter is sometimes called the "indictee."
INDIFFERENT. Impartial; unbiased; disinterested. People v. Vermilyea, 7 Cow. (N. Y.) 122; Fox v. Hills, 1 Conn. 307.
INDIGENA. In old English law. A sub­ject born; one born within the realm, or naturalized by act of parliament. Co. Litt 8a. The opposite of "alienigena," (q. v.)
INDIGENT. In a general sense an "in­digent" person is one who is needy and poor, or one who has not sufficient property to fur­nish him a living nor any one able to support him and to whom he is entitled to look for support. See Storrs Agricultural School v. Whitney, 54 Conn. 342, 8 Atl. 141; Juneau County v. Wood County, 109 Wis. 330, 85 N. W. 387; City of Lynchburg v. Slaughter, 75 Va. 62. The laws of some of the states dis­tinguish between "paupers" and "indigent persons," the latter being persons who have no property or source of income sufficient for their support aside from their own labor, though self-supporting when able to work and in employment. See In re Hybart, 119 N. C. 359, 25 S. E. 963; People v. Schoharie County, 121 N. Y. 345, 24 N. E. 830; Rev. St Mo. 1899, § 4894 (Am. St 1906, p. 2616).
INDIGNITY. In the law of divorce, a species of cruelty addressed to the mind, sen­sibilities, self-respect, or personal honor of the subject, rather than to the body, and de­fined as "unmerited contemptuous conduct towards another; any action towards an­other which manifests contempt for him; contumely, incivility, or injury accompanied with insult." Coble v. Coble, 55 N. C. 395; Erwin v. Erwin, 57 N. C. 84; Hooper v. Hooper, 19 Mo. 357; Goodman v. Goodman, 80 Mo. App. 281; 1 Bish. Mar. & Div. § 826. But the phrase "indignities to the person," as used in statutes, has reference to bodily indignities, as distinguished from such as may be offered to the mind, sensibilities, or
reputation. Cheatham v. Cheatham, 10 Mo. 298; Butler v. Butler, 1 Pars. Eq. Cas. (Pa.) 329; Kurtz v. Kurtz, 38 Ark. 123. But com­pare Miller v. Miller, 78 N. C. 105.
INDIRECT. A term almost always used in law in opposition to "direct," though not the only antithesis of the latter word, as the terms "collateral" and "cross" are sometimes used in contrast with "direct."
As to indirect "Confession," "Contempt," "Evidence," and "Tax," see those titles.
INDISPENSABLE. That which cannot be spared, omitted, or dispensed with.
—Indispensable evidence. See Evidence.— Indispensable parties. In a suit in equity, those who not only have an interest in the sub­ject-matter of the controversy, but an interest of such a nature that a final decree cannot be made without either affecting their interests or leaving the controversy in such a condition that its final determination may be wholly incon­sistent with equity and good conscience. Shields v. Barrow, 17 How. 139, 15 L. Ed. 158; Ken-dig v. Dean, 97 U. S. 425, 24 L. Ed. 1061; Mal­low v. Hinde, 12 Wheat. 193, 6 L. Ed. 599.
INDISTANTER. Forthwith; without dela:
INDITEE. L. Fr. In old English law. A person indicted. Mirr. c. 1, § 3; 9 Coke, pref.
INDIVIDUAL. As a noun, this term de­notes a single person as distinguished from a group or class, and also, very commonly, a private or natural person as distinguished from a partnership, corporation, or associa­tion ; but it is said that this restrictive signi­fication is not necessarily inherent in the word, and that it may, in proper cases, in­clude artificial persons. See Bank of U. S. v. State, 12 Smedes & M. (Miss.) 460; State v. Bell Telephone Co., 36 Ohio St. 310, 38 Am. Rep. 583; Pennsylvania R. Co. v. Canal Com'rs, 21 Pa. 20. As an adjective, "individ­ual" means pertaining or belonging to, or characteristic of, one single person, either in opposition to a firm, association, or corpora­tion, or considered in his relation thereto.
—Individual assets. In the law of partner­ship, property belonging to a member of a part­nership as his separate and private fortune, apart from the assets or property belonging to the firm as such or the partner's interest there­in.—Individual debts. Such as are due from a member of a partnership in his private or personal capacity, as distinguished from those due from the firm or partnership. Goddard v. Hapgood, 25 Vt. 360, 60 Am. Dec. 272.—In­dividual system of location. A term for­merly used in Pennsylvania to designate the location of public lands by surveys, in which the land called for by each warrant was sepa­rately surveyed. Ferguson v. Bloom, 144 Pa. 549, 23 Atl. 49.
INDIVrDUUM. Lat In the civil law. That cannot be divided. Calvin.
INDIVISIBLE. Not susceptible of di­vision or apportionment; inseparable; en-

tire. Thus, a contract, covenant, considera­tion, etc, may be divisible or indivisible; i. e., separable or entire.
INDIVISUM. Lat. That which two or more persons hold in common without par­tition ; undivided.
INDORSAT. In old Scotch law. In­dorsed. 2 Pitc. Crim. Tr. 41.
INDORSE. To write a name on the back of a paper or document Bills of exchange and promissory notes are indorsed by a par­ty's writing his name on the back. Hart-well v. Hemmenway, 7 Pick. (Mass.) 117.
"Indorse" is a technical term, having suffi­cient legal certainty without words of more par­ticular description. Brooks v. Edson, 7 Vt 351.
INDORSEE. The person to whom a bill of exchange, promissory note, bill of lad­ing, etc., is assigned by indorsement, giving him a 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 dishonor, and without knowledge of its actual dishonor, acquires a negotiable instrument duly indorsed to him, or indorsed generally, or payable to the bearer. Civ. Code Cal. § 3123; Civ. Code S. D. 1903, § 2199; Civ. Code Idaho 1901, § 2883; More v. Finger, 128 Cal. 313, 60 Pac. 933.
INDORSEMENT. The act of a payee, drawee, accommodation indorser, or holder of a bill, note, check, or other negotiable in­strument, in writing his name upon the back of the same, with or without further or qual­ifying words, whereby the property in the same is assigned and transferred to another.
That which is so written upon the back of a negotiable instrument.
One who writes his name upon a negotia­ble Instrument, otherwise than as a maker or acceptor, and delivers it, with his name thereon, to another person, is called an "in­dorser," and his act is called "indorsement." Civ. Code Cal. § 3108; Civ. Code Dak. § 1836.
—Accommodation indorsement. One made by a third person who puts his indorsement on a note without any consideration, but merely for the benefit of the holder thereof or to enable the maker to obtain money or credit on it. Unless otherwise explained, it is understood to be a loan of the indorser's credit without re­striction. Citizens' Bank v. Piatt. 135 Mich. 267, 97 N. W. 694; Peale v. Addicks, 174 Pa. 543, 34 Atl. 201; Cozens v. Middleton, 118 Pa. 622, 12 Atl. 566.—Blank indorsement. One made by the mere writing of the indorser's name on the back of the note or bill, without men­tion of the name of any person in whose favor the indorsement is made, but with the implied understanding that any lawful holder may fill in his own name above the indorsement if he so chooses. See Thornton v. Moody, 11 Me. 256; Scollans v. Rollins, 179 Mass. 346, 60 N. E. 983, 88 Am. St. Rep. 386; Malone v. Garver, 3 Neb. (Unof.) 710, 92 N. W. 726.— Conditional indorsement. One by which the indorser annexes some condition (other than the failure of prior parties to pay) to his liabil­ity. The condition may be either precedent or
subsequent. 1 Daniel, Neg. Inst. § 697.—Fnll indorsement. One by which the indorser orders the money to be paid to some particular person by name; it difters from a blank in­dorsement, which consists merely in the name of the indorser written on the back of the instrument. Kilpatrick v. Heaton, 3 Brev. (S. C.) 92; Lee v. Chillicothe Branch of State Bank, 15 Fed. Cas. 153.—Irregular indorse­ment. One made by a third person before de­livery of the note to the payee; an indorse­ment in blank by a third person above the name of the payee, or when the payee does not in­dorse at all. Carter v. Long, 125 Ala? 280, 28 South. 74; Bank of Bellows Falls v. Dorset Marble Co., 61 Vt. 106, 17 Atl. 43; Metropoli­tan Bank v. Muller, 50 La. Ann. 1278, 24 South. 295, 69 Am. St Rep. 475.—Qualified indorsement. One which restrains or limits, or qualifies or enlarges, the liability of the in­dorser, in any manner different from what the law generally imports as his true liability, de-ducible from the nature of the instrument Chitty, Bills, 261. A transfer of a bill of ex­change or promissory note to an indorsee, with­out any liability to the indorser. The words usually employed for this purpose are "sans recours," without recourse. 1 Bouv. Inst. No. 1138.—Regular indorsement. An indorse­ment in blank by a third person under the name of the payee or after delivery of the note to him. Bank of Bellows Falls v. Dorset Mar­ble Co., 61 Vt 106, 17 Atl. 42.—Restrictive indorsement. One which stops the negotia­bility of the instrument, or which contains such a definite direction as to the payment as to preclude the indorsee from making any further transfer of the instrument. Drew v. Jacock, 6 N. C. 138; Lee v. Chillicothe Branch Bank, 15 Fed. Cas. 153; People's Bank v. Jefferson County Sav. Bank, 106 Ala. 524, 17 South. 728, 54 Am. St. Rep. 59. Defined by statute in some states as an indorsement which either prohibits the further negotiation of the instru­ment, or constitutes the indorsee the agent of the indorser, or vests the title in the indorsee in trust for or to the use of some other person. Negotiable Instruments Law N. D. § 36; Bates' Ann. St. Ohio 1904, § 3172A.—Special in­dorsement. An indorsement in full, which specifically names the indorsee. Malone v. Garver, 3 Neb. (Unof.) 710, 92 N. W. 726; Carolina Sav. Bank v. Florence Tobacco Co., 45 S. C. 373, 23 S. E. 139.—Special indorse­ment of writ. In English practice. The writ of summons in an action may, under Or­der iii. 6, be indorsed with the particulars of the amount sought to be recovered in the action, after giving credit for any payment or set-off; and this special indorsement (as it is called) of the writ is applicable in all ac­tions where the plaintiff seeks merely to re­cover a debt or liquidated demand in money payable by the defendant, with or without in­terest, arising upon a contract, express or im­plied, as, for instance, on a bill of exchange, promissory note, check, or other simple con­tract debt, or on a bond or contract under seal for payment of a liquidated amount of money, or on a statute where the sum sought to be recovered is a fixed sum of money or in the nature of a debt, on on a guaranty, whether under seal or not. Brown.
INDORSER. He who indorses; i. e., be­ing the payee or holder, writes his name on the back of a bill of exchange, etc.
INDUBITABLE PROOF. Evidence which is not only found credible, but is of such weight and directness as to make out the facts alleged beyond a doubt. Hart v. Carroll, 85 Pa. 511; Jermyn v. McClure, 195 Pa. 245, 45 Atl. 938.


INDUCEMENT. In contracts. The
benefit or advantage which the promisor is to receive from a contract is the Inducement for making it.
In criminal evidence. Motive; that which leads or tempts to the commission of crime. Burrill, Circ. Bv. 283.
In pleading. That portion of a declara­tion or of any subsequent pleading in an ac­tion which is brought forward by way of ex­planatory introduction to the main allega­tions. Brown. Huston v. Tyler, 140 Mo. 252, 36 S. W. 654; Consolidated Coal Co. v. Peers, 97 111. App. 194; Taverner v. Little, 5 Bing. N. C. 678; Grand v. Dreyfus, 122 Cal. 58, 54 Pac. 389.
INDUCL3E. In international law. A
truce; a suspension of hostilities; an agree­ment during war to abstain for a time from warlike acts.
In old maritime law. A period of twen­ty days after the safe arrival of a vessel un­der bottomry, to dispose of the cargo, and raise the money to pay the creditor, with in­terest.
In old English, practice. Delay or in­dulgence allowed a party to an action; fur­ther time to appear in a cause. Bract, fol. 3526; Fleta, lib. 4, c. 5, § 8.
In Scotch, practice. Time allowed for the performance of an act. Time to appear to a citation. Time to collect evidence or prepare a defense.
—Inducise legales. In Sctitch law. The days between the citation of the defendant and th'e day of appearance; the days between the test day and day of return of the writ.
INDUCTIO. Lat In the civil law. Ob­literation, by drawing the pen or stylus over the writing. Dig. 28, 4; Calvin.
INDUCTION. In ecclesiastical law. In­duction is the ceremony by which an incum­bent who has been instituted to a benefice is vested with full possession of all the prof­its belonging to the church, so that he be­comes seised of the temporalities of the church, and is then complete incumbent. It is performed by virtue of a mandate of in­duction directed by the bishop to the arch­deacon, who either performs it in person, or directs his precept to one or more other clergymen to do it. Phillim. Ecc. Law, 477.
INDULGENCE. In the Roman Catholic Church. A remission of the punishment due to sins, granted by the pope or church, and supposed to save the sinner from purgatory. Its abuse led to the Reformation in Ger­many. Wharton. Forbearance, (q. v.)
INDtFXTO. In ecclesiastical law. A
dispensation granted by the pope to do or
obtain something contrary to the common law.
In Spanish law. The condonation or remission of the punishment imposed on a criminal for his offense. This power is ex­clusively vested in the king.
INDUMENT. Endowment, (q. v.)
INDUSTRIAL AND PROVIDENT SO-CIETIES. Societies formed in England for carrying on any labor, trade, or handicraft, whether wholesale or retail, including the buying and selling of land and also (but sub­ject to certain restrictions) the business of banking.
INDUSTRIAL SCHOOLS. Schools (es­tablished by voluntary contribution) in which industrial training is provided, and in which children are lodged, clothed, and fed, as well as taught.
INDUSTRIAM, PER. Lat. A qualified property in animals ferce natures may be ac­quired per industriam, i. e., by a man's re­claiming and making them tame by art, in­dustry, and education; or by so confining them within his own immediate power that they cannot escape and use their natural liberty. 2 Steph. Comm. 5.
INEBRIATE. A person addicted to the use of intoxicating liquors; an habitual drunkard.
Any person who habitually, whether continu­ously or periodically, indulges in the use of intoxicating liquors to such an extent as to stupefy his mind, and to render him incompe­tent to transact ordinary business with safe­ty to his estate, shall be deemed an inebriate, within the meaning of this chapter: provided, the habit 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, § 1671. And see In re Anderson, 132 N. C. 243, 48 S. E. 649; State v. Ryan, 70 Wis. 676, 36 N. W. 823.
INELIGIBILITY. Disqualification or legal incapacity to be elected to an office. Thus, an alien or naturalized citizen is in­eligible to be elected president of the Unit­ed States. Carroll v. Green, 148 Ind. 362, 47 N. E. 223; State v. Murray, 28 Wis. 99, 9 Am. Rep. 489.
INELIGIBLE. Disqualified to be elect­ed to an office; also disqualified to hold an office if elected or appointed to it. State v. Murray, 28 Wis. 99, 9 Am. Rep. 489.
Inesse potest donation!, modus, con­ditio sive causa; nt modus est; si con­ditio; quia causa. In a gift there may be manner, condition, and cause; as [ut] in­troduces a manner; if, [si,] a condition; be­cause, [quia,] a cause. Dyer, 138.
INEST DE JURE. Lat. It is implied of right; it is implied by law.


INEVITABLE. Incapable of being avoid­ed ; fortuitous; transcending the power of hu­man care, foresight, or exertion to avoid or prevent, and therefore suspending legal rela­tions so far as to excuse from the perform­ance of contract obligations, or from lia­bility for consequent loss.
—Inevitable accident. An inevitable ac­cident is one produced by an irresistible physi­cal cause; an accident which cannot be pre­vented by human skill or foresight, but results from natural causes, such as lightning or storms, perils of the sea, inundations or earth­quakes, or sudden death or illness. By irresist­ible force is meant an interposition of human agency, from its nature and power absolutely uncontrollable. Brousseau v. The Hudson, 11 La. Ann. 428; State v. Lewis, 107 N. G. 967, 12 S. E. 457, 11 L. R. A. 105; Russell v. Fagan, 7 Houst. (Del.) 389, 8 Atl. 258; Hall v. Cheney, 36 N. H. 30; Newport News & M. V. Co. v. U. S.. 61 Fed. 488, 9 C. C. A. 579; The R. L. Mabey, 14 Wall. 215, 20 L. Ed. 881; The Locklibo, 3 W. Rob. 318. Inevitable ac­cident is where a vessel is pursuing a lawful avocation in a lawful manner, using the proper precautions against danger, and an accident oc­curs. The highest degree of caution that can be used is not required. It is enough that it is reasonable under the circumstances; such as is. usual in similar cases, and has been found by long experience to be sufficient to answer the end in view,—the safety of life and prop­erty. The Grace Girdler, 7 Wall. 196, 19 L. Ed. 113. Inevitable accident is only when the disaster happens from natural causes, without negligence or fault on either side, and when both parties have endeavored, by every means in their power, with due care and caution, and with a proper display of nautical skill, to pre­vent the occurrence of the accident. Sampson T. U. S., 12 Ct. CI. 491.
INEWARDUS. A guard; a watchman. Domesday.
INFALISTATUS. In old English law. Exposed upon the sands, or sea-shore. A species of punishment mentioned in Heng-ham. Cowell.
INFAMIA. Lat Infamy; ignominy or disgrace.
By iwfamia juris is meant infamy established by law as the consequence of crime; in­famia facti is where the party is supposed to be guilty of such crime, but it has not been ju­dicially proved. Comm. v. Green, 17 Mass. 515, 541.
INF AMIS. Lat. In Roman law. A per­son whose right of reputation was diminish­ed (involving the loss of some of the rights of citizenship) either on account of his in­famous avocation or because of conviction for crime. Mackeld,. Rom. Law, § 135.
INFAMY. A qualification of a man's legal status produced by his conviction of an infamous crime and the consequent loss of honor and credit, which, at common law, rendered him incompetent as a witness, and by statute in some jurisdictions entails oth­er disabilities. McCafferty v. Guyer, 59 Pa. 116; Ex parte Wilson, 114 U. S. 417, 5 Sup
Ct. 935, 29 L. Ed. 89; State v. Clark, 60 Kan. 450, 56 Pac. 767.
INFANCY. Minority; the state of a per­son who is under the age of legal majority, —at common law, twenty-one years. 'Ac­cording to the sense in which this term is used, it may denote the condition of the per­son merely with reference to his years, or the contractual disabilities which non-age entails, or his status with regard to other powers or relations. Keating v. Railroad Co., 94 Mich. 219, 53 N. W. 1053; Anony­mous, 1 Salk. 44; Code Miss. 1892, § 1505.
—-Natural infancy. A period of non-respon­sible life, which ends with the seventh year. Wharton.
INFANGENTHEF. In old English law. A privilege of lords of certain manors to judge any thief taken within their fee.
INFANS. Lat In the civil law. A child under the age of seven years; so called "quasi impos fandi," (as not having the fac­ulty of speech.) Cod. Theodos, 8, 18, 8.
Infans non ntnltnni a furioso distat.
An infant does not differ much from a luna­tic. Bract. 1. 3, c. 2, § 8; Dig. 50, 17, 5, 40; 1 Story, Eq. Jur. §§ 223, 224, 242.
INFANT. A person within age, not of age, or not of full age; a person under the age of twenty-one years; a minor. Co. Litt. 1716; 1 Bl. Comm. 463-166; 2 Kent, Comm. 233.
INFANTIA. Lat In the civil law. The period of infancy between birth and the age of seven years. Calvin.
INFANTICIDE. The murder or killing of an infant soon after its birth. The fact of the birth distinguishes this act from "foeticide" or "procuring abortion," which terms denote the destruction of the foetus in the womb.
statute 18 & 19 Vict. c. 43. By virtue of this act every infant (if a male, of twenty, or, if a female, of seventeen, years,—section 4,) upon or in contemplation of marriage, may, with the sanction of the chancery divi­sion of the high court make a valid settle­ment or contract for a settlement of prop­erty. Wharton.
INFANZON. In Spanish law. A per­son of noble birth, who exercises within his domains and inheritance no other rights and privileges than those conceded to him. Es-criche.
INFECTION, in medical jurisprudence. The transmission of disease or disease germs from one person to another, either directly by contact with morbidly affected surfaces,


or more remotely through inhalation, ab­sorption of food or liquid tainted with ex-cremental matter, contact with contaminated clothing or bedding, or other agencies.
A distinction is sometimes made between "in­fection" and "contagion," by restricting the lat­ter term to the communication of disease by direct contact See Grayson v. Lynch, 163 U. S. 468, 16 Sup. Gt. 1064, 41 L. Ed. 230; Wirth v. State, 63 Wis. 51, 22 N. W. 860; Stryker v. Crane, 33 Neb. 690, 50 N. W. 1133. But "infection" is the wider term and in proper use includes "contagion," and is frequently extended so as to include the local inaugura­tion of disease from other than human sources, as, from miasmas, poisonous plants, etc. In another, and perhaps more accurate sense, con­tagion is the entrance or lodgment of patho­genic germs in the system as a result of direct contact; infection is their fixation in the sys­tem or the inauguration of disease as a conse­quence. In this meaning, infection does not always result from contagion, and on the other hand it may result from the introduction of disease germs into the system otherwise than by contagion.
—Auto-infection. The communication of disease from one part of the body to another by mechanical transmission of virus from a diseased to a healthy part.—Infectious dis­ease. One capable of being transmitted or communicated by means of infection.
INFEFT. In Scotch law. To give seisin or possession of lands; to invest or enfeoff. 1 Karnes, Eq. 215.
INFEFTMENT. In old Scotch law.
Investiture or infeudation, including both
charter and seisin. 1 Forb. Inst. pt. 2, p.
In later law. Saisine, or the instrument of possession. Bell.
INFENSARE CURIAM. Lat. An ex­pression applied to a court when it suggest­ed to an advocate something which he had omitted through mistake or ignorance. Spel-man.
INFEOFFMENT. The act or Instru­ment of feoffment. In Scotland it is synony­mous with "saistne," meaning the instru­ment of possession. Formerly it was synon­ymous with "investiture." ' Bell.
INFERENCE. In the law of evidence. A truth or proposition drawn from another which is supposed or admitted to be true. A process of reasoning by which a fact or proposition sought to be established is de­duced as a logical consequence from other facts, or a state of facts, already proved or admitted. Gates v. Hughes, 44 Wis. 336; Whitehouse v. Bolster, 95 Me. 458, 50 Atl. 240; Joske v. Irvine, 91 Tex. 574, 44 S. W. 1059.
An inference Is a deduction which the rea­son of the jury makes from the facts proved, without an express direction of law to that effect. Code Civil Proc. Cal. § 1958.
INFERENTIAL. In the law of evi­dence. Operating in the way of inference;
argumentative. Presumptive evidence is sometimes termed "inferential." Com. t. Harman, 4 Pa. 272. —Inferential facts. See Fact.
INFERIOR. One who, in relation to an­other, has less power and is below him; one who is bound to obey another. He who makes the law is the superior; he who is bound to obey it, the inferior. 1 Bouv. Inst no. 8.
INFERIOR COURT. This term may de­note any court subordinate to the chief ap­pellate tribunal in the particular judicial sys­tem; hut it is commonly used as the designa­tion of a court of special, limited, or statuto­ry jurisdiction, whose record must show the existence and attaching of jurisdiction in any given case, in order to give presumptive va­lidity to its judgment. See Ex parte Cuddy, 131 U. S. 280, 9 Sup. Ct. 703, 33 L. Ed. 154; Kempe v. Kennedy, 5 Cranch, 185, 3 L. Ed. 70; Grignon v. Astor, 2 How. 341, 11 L. E<i. 283 ; Swift v. Wayne Circuit Judges, 64 Mich. 479, 31 N. W. 434; Kirkwood v. Washington County, 32 Or. 568, 52 Pac. 568.
The English courts of judicature are class­ed generally under two heads,—the superior courts and the inferior courts; the former division comprising the courts at Westmin­ster, the latter comprising all the other courts in general, many of which, however, are far from being of inferior importance in the common acceptation of the word. Brown.
INFEUDATION. The placing in posses­sion of a freehold estate; also the granting of tithes to laymen.
INFICIARI. Lat In the civil law. To deny; to deny one's liability; to refuse to pay a debt or restore a pledge; to deny the allegation of a plaintiff; to deny the charge of an accuser. Calvin.
INFICIATIO. Lat. In the civil law. Denial; the denial of a debt or liability; the denial of the claim or allegation of a party plaintiff. Calvin.
INFIDEL. One who does not believe in the existence of a God who will reward or punish in this world or that which is to come. Hale v. Everett, 53 N. H. 54, 16 Am. Rep. 82; Jackson v. Gridley, 18 Johns. (N. Y.) 103; Heirn v. Bridault, 37 Miss. 226. One who professes no religion that can bind his con­science to speak the truth. 1 Greenl. Ev. § 368.
INFEDELIS. In old English law. An
infidel or heathen. In feudal law. One who violated fealty.
INFIDELITAS. In feudal law. Infidel­ity ; faithlessness to one's feudal oath. Spel-maru


INFIDUCIARE. In old European law. To pledge property. Spelman.
INFIHT. Sax. An assault made on a person inhabiting the same dwelling.
Infinitum in jure reprobatur. That which is endless is reprobated in law. 12 Coke, 24. Applied to litigation.
INFIRM. Weak, feeble. The testimony of an "infirm" witness may be taken de bene esse in some circumstances. See 1 P. Wms. 117.
INFIRMATIVE. In the law of evidence. Having the quality of diminishing force; having a tendency to weaken or render in­firm. 3 Benth. Jud. Ev. 14; Best, Pres. § 217.
—Infirmative consideration. In the law
of evidence. A consideration, supposition, or hypothesis of which the criminative facts of a case admit, and which tends to weaken the in­ference or presumption of guilt deducible from them. Burnll, Circ. Ev. 153-155.—Infirma­tive faet. In the law of evidence. A fact set up, proved, or even supposed, in opposition to the criminative facts of a case, the ten­dency of which is to weaken the force of the inference of guilt deducible from them. 3 Benth. Jud. Ev. 14; Best, Pres. § 217, et seq. —Infirmative hypothesis. A term some­times used in criminal evidence to denote an hypothesis or theory of the case which as­sumes the defendant's innocence, and explains the criminative evidence in a manner consistent with that assumption.
INFLUENCE. See Undue Influence.
INFORMAL. Deficient in legal form; inartificially drawn up.
INFORMALITY. Want of legal form. See State v. Gallimon, 24 N. C. 377; Franklin r. Mackey, 16 Serg. & R. (Pa.) 118; Hunt v. Curry, 37 Ark. 108.
INFORMATION. In practice. An ac­cusation exhibited against a person for some criminal offense, without an indictment. 4 Bl. Comm. 308.
An accusation in the nature of an indict­ment, from which it differs only in being pre­sented by a competent public officer on his oath of office, instead of a grand jury on their oath. 1 Bish. Crim. Proc. § 141; People v. Sponsler, 1 Dak. 289, 46 N. W. 459; Goddard v. State, 12 Conn. 452; State, v. Ashley, 1 Ark. 279; Clepper v. State, 4 Tex. 246.
The word is also frequently used in the law in its sense of communicated knowledge, and affidavits are frequently made, and pleadings and other documents verified, on "informa­tion and belief."
In French law. The act or instrument which contains the depositions of witnesses against the accused. Poth. Proc. Civil, § 2, art 5.
—Criminal information. A formal accu­sation of crime, differing from an indictment only in that it is preferred by a prosecuting
officer instead of by a grand jury. U. S. v. Borger (C. a) 7 Fed. 193; State v. Barrell, 75 Vt. 202, 54 Atl. 183, 98 Am. St. Rep. 813. —Information in the nature of a quo warranto. A proceeding against the usurper of a franchise or office. See Quo Waeeanto. —Information of intrusion. A proceeding instituted by the state prosecuting officer against intruders upon the public domain. See Gen. St. Mass. c. 141; Com. v. Andre's Heirs, 3 Pick. (Mass.) 224; Com. v. Hite, 6 Leigh (Va.) 588, 29 Am. Dec. 226.
INFORMATUS NON SUM. In prac­tice. I am not informed. A formal answer made by the defendant's attorney in court to the effect that he has not been advised of any defense to be made to the action. Thereupon judgment by default passes.
INFORMER. A person who informs or prefers an accusation against another, whom he suspects of the violation of some penal statute.
-Common informer. A common prosecutor. A person who habitually ferrets out crimes and offenses and lays information thereof before the ministers of justice, in order to set a prosecu­tion on foot, not because of his office or any special duty in the matter, but for the sake of the share of the fine or penalty which the law allots to the informer in certain cases. Also used in a less invidious sense, as designating persons who were authorized and empowered to bring actions for penalties. U. S. v. Stock­ing (D. C.) 87 Fed. 861; In re Barker, 56 Vt 20.
INFORTIATUM. The name given Dy the glossators to the second of the three parts or volumes into which the Pandects were di­vided. The glossators at Bologna had at first only two parts, the first called "Digestum Vetus," (the old Digest,) and the last call­ed "Digestum Novum," (the New Digest.) When they afterwards received the middle or second part they separated from the Di­gestum Novum the beginning it had then, and added it to the second part from which enlargement the latter received the name "In-fortiatum." Mackeld. Rom. Law, § 110.
Where a man doing a lawful act, without in­tention of hurt, unfortunately kills another.
INFRA. Lat Below; underneath; with­in. This word occurring by itself in a book refers the reader to a subsequent part of the book, like "post." It is the opposite of "ante" and "supra," (g. v.)
INFRA 31TATEM. Under age; not of age. Applied to minors.
INFRA ANNOS NUBLLES. Under mar­riageable years; not yet of marriageable age.
INFRA. ANNUM. Under or within a year. Bract, fol. 7.
INFRA ANNUM LUCTUS. (Within the year of mourning.) The phrase is used in


reference to the marriage of a widow with­in a year after her husband's death, which was prohibited by the civil law.
INFRA BRACHIA. Within her arms. Used of a husband de jure, as well as de facto. 2 Inst. 317. Also inter brachia. Bract, fol. 148 b. It was in this sense that a woman could only have an appeal for mur­der of her husband inter brachia sua.
INFRA CIVITATEM. Within the state. 1 Camp. 23, 24.
INFRA CORPUS COMITATUS. With­in the body (territorial limits) of a county. In English law, waters which are infra cor­pus comitatus are exempt from the jurisdic­tion of the admiralty.
INFRA DIGNITATEM CURLS!. Be­neath the dignity of the court; unworthy of the consideration of the court. WThere a bill in equity is brought upon a matter too tri­fling to deserve the attention of the court, it is demurrable, as being infra dignitatem curies.
INFRA FUROREM. During madness; while in a state of insanity. Bract fol. 19&.
INFRA HOSPITIUM. Within the inn. When a traveler's baggage comes infra hos-pitium, i. e., in the care and under the cus­tody of the innkeeper, the latter's liability attaches.
INFRA JURISDICTIONEM. Within the jurisdiction. 2 Strange, 827.
INFRA LIGEANTIAM REGIS. With­in the king's ligeance. Comb. 212.
INFRA METAS. Within the bounds or limits. Infra metas forestce, within the bounds of the forest Fleta, lib. 2, c. 41, § 12. Infra metas hospitit, within the limits of the household; within the verge. Id. lib. 2, c. 2, § 2.
INFRA PR^SIDIA. Within the protec­tion; within the defenses. In international law, when a prize, or other captured prop­erty, is brought into a port of the captors, or within their lines, or otherwise under their complete custody, so that the chance of rescue is lost, it is said to be infra prcesidia.
INFRA QUATUOR MARIA. Within the four seas; within the kingdom of England; within the jurisdiction.
INFRA QUATUOR PARIETES. With­in four walls. 2 Crabb, Real Prop. p. 106, i 1089.
INFRA REGNUM. Within the realm.
INFRA SEX ANNOS. Within six years. Used in the Latin form of the plea of tb-» statute of limitations.
INFRA TRIDUUM. Within three days. Formal words in old appeals. Fleta, lib. 1, c. 31, § 6; Id. c. 35, § 3.
INFRACTION. A breach, violation, or infringement; as of a law, a contract, a right or duty.
In French law, this term is used as a gen­eral designation of all punishable actions.
INFRINGEMENT. A breaking into; a trespass or encroachment upon; a viola­tion of a law, regulation, contract, or right Used especially of invasions of the rights se­cured by patents, copyrights, and trade­marks. Goodyear Shoe Machinery Co. v. Jackson, 112 Fed. 146, 50 C. C. A. 159, 55 L. R. A. 692; Thomson-Houston Electric Co. y. Ohio Brass Co., 80 Fed. 721, 26 C. C A. 107.
—Contributory infringement. The inten­tional aiding of one person by another in the unlawful making or Belling of a patented in­vention; usually done by making or selling one part of the patented invention, or one ele­ment of the combination, with the intent and purpose of so aiding. Thomson-Houston Elec­tric Co. v. Specialty Co. (C. C.) 72 Fed. 1016; Shoe Mach. Co. v. Jackson, 112 Fed. 146, 50 C. C. A. 159, 55 L R. A. 692; Thomson-Hous­ton Electric Co. v. Ohio Brass Co., 80 Fed. 712, 26 C. C. A. 107; Stud Co. v. O'Brien (a C.) 93 Fed. 203.
INFUGARE. Lat To put to flight
INFULA. A coif, or a cassock. Jacob.
INFUSION. In medical jurisprudence. The process of steeping in liquor; an opera­tion by which the medicinal qualities of a substance may be extracted by a liquor with­out boiling. Also the product of this opera­tion. "Infusion" and "decoction," though not identical, are ejusdem generis in law. 3 *Camp. 74. See Decoction.
INGE. Meadow, or pasture. Jacob.
INGENIUM. (1) Artifice, trick, fraud; (2) an engine, machine, or device. Spelman.
INGENUITAS. Lat Freedom; liberty; the state or condition of one who is free. Also liberty given to a servant by manumis­sion.
—Ingenuitas regni. In old English law. The freemen, yeomanry, or commonalty of the kingdom. Cowell. Applied sometimes also to the barons.
INGENUUS. In Roman law. A person who, immediately that he was born, was a free person. He was opposed to libertinus, or libertus, who, having been born a slave, was afterwards manumitted or made free. It is not the same as the English law terra "generosus," which denoted a person not


merely free, but of good family. There were no distinctions among ingenui; but among libertini there were (prior to Justin­ian's abolition of the distinctions) three vari­eties, namely: Those of the highest rank, called "Cives Romani;" those of the second rank, called "Latini Juniani;" and those of the lowest rank, called "Dediticii." Brown.
INGRATITUDE. In Roman law, in­gratitude was accounted a sufficient cause for revoking a gift or recalling the liberty of a freedman. Such is also the law of France, with respect to the flrs^ case. But the English law has left the matter entirely to the moral sense.
These words express the right of a lessee to enter, go upon, and return from the lands In question.
INGRESSU. In English law. An an­cient writ of entry, by which the plaintiff or complainant sought an entry into his lands. Abolished in 1833.
INGRESSUS. In old English law. In­gress; entry. The relief paid by an heir to the lord was sometimes so called. Cowell.
INGROSSATOR. An engrosser. In-
grossator magni rotuli, engrosser of the
great roll; afterwards called "clerk of the
pipe." Spelman; Cowell.
INGROSSING. The act of making a fair and perfect copy of any document from a rough draft of it, in order that it may be executed or put to its final purpose.
INHABITANT. One who resides actu­ally and permanently in a given place, and has his domicile there. Ex parte Shaw, 145 U. S. 444, 12 Sup. Ct. 935, 36 L. Ed. 768; The Pizarro, 2 Wheat, 245, 4 L. Ed. 226.
"The words 'inhabitant,' 'citizen,' and 'resi­dent,' as employed in different constitutions to define the qualifications of electors, mean sub­stantially the same thing; and one is an in­habitant. resident, or citizen at the place where he has his domicile or home." Cooley, Const. Lim. *600. But the terms "resident" and "in­habitant" have also been held not synonymous, the latter implying a more fixed and permanent abode than the former, and importing privileges and duties to which a mere resident would not be subject. Tazewell County v. Davenport, 40 111. 197.
assessed in England on inhabited dwelling-houses, according to their annual value, (St. 14 & 15 Vict, c, 36; 32 & 33 Vict. c. 14, § 11,) which is payable by the occupier, the landlord being deemed the occupier where the house is let to several persons, (St. 48 Geo. III. c. 55, Schedule B.) Houses occu­pied solely for business purposes are exempt Bl.Law DiCT.(2n Ed.)—40
from duty, although a care-taker may dwell therein, and houses partially occupied for business purposes are to that extent exempt Sweet.
INHERENT POWER. An authority possessed without its being derived from an­other. A right, ability, or faculty of doing a thing, without receiving that right, ability, or faculty from another.
INHERETRIX. The old term for "heir­ess." Co. Litt. 13o
INHERIT. To take by Inheritance; to take as heir on the death of the ancestor. Warren v. Prescott, 84 Me. 483, 24 Atl. 948, 17 L. R. A. 435, 30 Am. St. Rep. 370; Mc-Arthur v. Scott, 113 U. S. 340, 5 Sup. Ct. 652, 28 L. Ed. 1015. "To inherit to" a per­son is a common expression in the books. 2 Bl. Comm. 254, 255; 3 Coke, 41.
INHERITABLE BLOOD. Blood which has the purity (freedom from attainder) and legitimacy necessary to give its possessor the character of a lawful heir; that which is capable of being the medium for the trans­mission of an inheritance.
INHERITANCE. An estate in things real, descending to the heir. 2 Bl. Comm. 201; In re Donahue's Estate, 36 Cal. 332; Dodge's Appeal, 106 Pa. 220, 51 Am. Rep. 519; Rountree v. Pursell, 11 Ind. App. 522, 39 N. El 747; Adams v. Akerlund, 16& 111. 632, 48 N. E. 454.
Such an estate In lands or tenements or other things as may be inherited by the heir. Termes de la Ley.
An estate or property which a man has by descent, as heir to another, or which he may transmit to another, as his heir. Litt. § 9.
A perpetuity in lands or tenements to a man and his heirs. Cowell; Blount.
"Inheritance" is also used in the old books where "hereditament" is now commonly em­ployed. Thus, Coke divides inheritances in­to corporeal and incorporeal, into real, per­sonal, and mixed, and into entire and sev­eral.
In the civil law. The succession of the heir to all the rights and property of the es­tate-leaver. It is either testamentary, where the heir is created by will, or ab intestato, where it arises merely by operation of law. Heinec. § 484.
—Estate of inheritance. See Estate —In­heritance act. The English statute of 3 & 4 Wm. IV. c. 106, by which the law of inherit­ance or descent has been considerably modified. 1 Steph. Comm. 359, 500.—Inheritance tax. A tax on the transfer or passing of estates or property by legacy, devise, or intestate succes­sion ; not a tax on the property itself, but on the right to acquire it by descent or testamen­tary gift. In re Gihon's Estate, 169 N. Y. 443, 62 N. EL 561; Magoun v. Bank, 170 U S. 283, 18 Sup. Ct. 594, 42 L. Ed. 1037.


INHIBITION. In ecclesiastical law.
A writ issuing from a superior ecclesiastical court, forbidding an inferior judge to pro­ceed further in a cause pending before him. In this sense it is closely analogous to the writ of prohibition at common law.
Also the command of a bishop or ecclesias­tical judge that a clergyman shall cease from taking any duty.
In Scotch law. A species of diligence or process by which a debtor is prohibited from contracting any debt which may be­come a burden on his heritable property, in competition with the creditor at whose in­stance the inhibition is taken out; and from granting any deed of alienation, etc., to the prejudice of the creditor. Brande.
In the civil law. A prohibition which the law makes or a judge ordains to an indi­vidual. Hallifax, Civil Law, p. 126.
—?Inhibition against a wife. In Scotch law. A writ in the sovereign's name, passing the signet, which prohibits all and sundry from having transactions with a wife or giving her credit. Bell; Ersk. Inst. 1, 6, 26.
INHOC. In old records. A nook or cor­ner of a common or fallow field, inclosed and cultivated. Kennett, Par. Antiq. 297, 298; Cowell.
INHONESTUS. In old English law. Unseemly; not in due order. Fleta, lib. 1, c. 31, § a
of divorce. Such barbarous cruelty or se­verity as endangers the life or health of the party to whom it is addressed, or creates a well-founded apprehension of such danger. Whaley v. Whaley, 68 Iowa, 647, 27 N. W. 809; Wells v. Wells, 116 Iowa, 59, 89 N. W. 98; Cole v. Cole, 23 Iowa, 433; Evans v. Evans, 82 Iowa, 462, 48 N. W. 809. The phrase commonly employed in statutes is "cruel and inhuman treatment," from which it may be inferred that "inhumanity" is an extreme or aggravated "cruelty."
Iniquissima pax est anteponenda jus-tissimo hello. The most unjust peace is to be preferred to the justest war. Root v. Stuyvesant, 18 Wend. (N. Y.) 257, 305.
INIQUITY. In Scotch practice. A tech­nical expression applied to the decision of an inferior judge who has decided contrary to law; he is said to have committed iniquity. Bell.
Iniqnnnt est alios permittere, alios in-hibere meroatnram. It is inequitable to permit some to trade and to prohibit others. 3 Inst. 181.
Iniquum est aliquem rei sni esse ju-dicem. It is wrong for a man to be a judge in his own cause. Branch, Princ.; 12 Coke, 113.
Iniquum est ingennis hominibns noa esse liberam rerun snarum alienation-em. It is unjust that freemen should not have the free disposal of their own property. Co. Litt. 223a; 4 Kent, Comm. 131; Hob. 87.
INITIAX. That which begins or stands at the beginning. The first letter of a man's name. See Elberson v. Richards, 42 N. J. Law, 70.
—Initial carrier. In the law of bailments. The carrier who first receives the goods and begins the process of their transportation, aft­erwards delivering them to another carrier for the further prosecution or completion of their journey. See Beard v. Railway Co., 79 Iowa, 527, 44 N. W. 803.
INITIAIilA TESTIMONII. In Scotch law. Preliminaries of testimony. The pre> liminary examination of a witness, before examining him in chief, answering to the voir dire of the English law, though taking a somewhat wider range. Wharton.
INITIATE. Commenced; inchoate. Curtesy initiate is the interest which a hus­band has in the wife's lands after a child is born who may inherit, but before the wife dies.
INITIATIVE. In French law. The name given to the important prerogative con­ferred by the charte constitutionnelle, article 16, on the late king to propose through his ministers projects of laws. 1 Toullier, no. 39.
INJUNCTION. A prohibitive writ is­sued by a court of equity, at the suit of a party complainant, directed to a party de­fendant in the action, or to a party made /a. defendant for that purpose, forbidding the latter to do some act, or to permit his serv­ants or agents to do some act, which he is threatening or attempting to commit, or re­straining him in the continuance thereof, such act being unjust and inequitable, in­jurious to the plaintiff, and not can be adequately redressed by an action at law U. S. v. Haggerty (C. C.) 116 Fed. 515; Du-pre v. Anderson, 45 La. Ann. 1134, 13 South. 743; City of Alma v. Loehr, 42 Kan. 368, 22 Pac. 424.
An injunction is a writ or order requiring a person to refrain from a particular act. It may be granted by the court in which the action is brought, or by a judge thereof, and when made by a judge it may be enforced as an order of the court. Code Civ. Proc. Cal. § 525.
—Final injunction. A final injunction is one granted when the rights of the parties are determined; it may be made mandatory, (com­manding acts to be done,) and is distinguished from a preliminary injunction, which is con­fined to the purpose and office of simple preven­tion or restraining. Southern Pac R. Co. v. Oakland (C. C.) 58 Fed. 54.—Mandatory in­junction. One which (1) commands the de­fendant to do some positive act or particular

thing; (2) prohibits him from refusing (or persisting in a refusal) to do or permit some act to which the plaintiff has a legal right; or (3) restrains the defendant from permitting his previous wrongful act to continue operative, thus virtually compelling him to undo it, as by removing obstructions or erections, and re­storing the plaintiff or the place or the sub­ject-matter to the former condition. Bailey v. Schnitzius, 45 N. J. Eq. 178, 16 Atl. 680; Parsons v. Marye (C. C.) 23 Fed. 121; People v. McKane, 78 Hun, 154, 28 N. Y. Supp. 981; Procter v. Stuart, 4 Okl. 679, 46 Pac 501. —Permanent injunction. One intended to remain in force until the final termination of the particular suit. Riggins v. Thompson, 96 Tex. 154, 71 S. W. 14.—Perpetual injunc­tion. Opposed to an injunction ad interim; an injunction which finally disposes of the suit, and is indefinite in point of time. Rig-gins v. Thompson, 96 Tex. 154, 71 S. W. 14; De Florez v. Raynolds, (C. C.) 8 Fed. 438.— Preliminary injunction. An injunction granted at the institution of a suit, to re­strain the defendant from doing or continuing some act, the right to which is in dispute, and which may either be discharged or made per­petual, according to the result of the contro­versy, as soon as the rights of the parties are determined. Darlington Oil Co. v. Pee Dee Oil Co., 62 S. O. 196, 40 S. E. 169; Appeal of Mammoth Vein Consol. Coal Co., 54 Pa. 188; Allison v. Corson, 88 Fed. 584, 32 C. C. A. 12; Jesse French Piano Co. v. Forbes, 134 Ala. 302, 32 South. 678, 92 Am. St. Rep. 31. —Preventive injunction. One which pro­hibits the defendant from doing a particular act or commands him to refrain from it.—Provi­sional injunction. Another name for a pre­liminary or temporary injunction or an< in­junction pendente lite.—Special injunction. An injunction obtained only on motion and petition, usually with notice to the other party. Aldrich v. Kirkland. 6 Rich. Law (S. C.) 340. An injunction by which parties are restrained from committing waste, damage, or injury to property. 4 Steph. Comm. 12, note z.—Tem­porary injunction. A preliminary or pro­visional injunction, or one granted pendente lite; as opposed to a final or perpetual in­junction. Jesse French Piano Co. v. Porter, 134 Ala. 302, 32 South. 678, 92 Am. St. Rep. 31.
INJURES GRAVES. Fr. In French law. Grievous insults or injuries, including personal insults and reproachful language, constituting a just cause of divorce. Butler v. Butler, 1 Pars. Eq. Cas. (Pa.) 344.
INJURIA. Lat. Injury; wrong; the pri­vation or violation of right. 3 Bl. Comm. 2.
—Injuria absque damno. Injury or wrong without damage. A wrong done, but from which no loss or damage results, and which, therefore, will not sustain an action.
Injuria fit ei cui convicium dictum est, vel de eo factum carmen famosum. An
injury is done to him of whom a reproach­ful thing is said, or concerning whom an in­famous song is made. 9 Coke, 60.
Injuria illata judici, sen locum ten-enti regis, videtur ipsi regi illata max-ime si fiat in exercentem officium. 3 Inst. 1. An injury offered to a judge, or person representing the king, is considered as of­fered to the king himself, especially if it be done in the exercise of his office.
Injuria non ezcusat injuriam. One
wrong does not justify another. Broom, Max. 395. See 6 EL & Bl. 47.
Injuria non prsesumitur. Injury is not presumed. Co. Litt. 232. Cruel, oppressive, or tortuous conduct will not be presumed. Best Ev. p. 336, § 298.
Injuria propria non cadet in benefi-cium facientis. One's own wrong shall not fall to the advantage of him that does it. A man will not be allowed to derive benefit from his own wrongful act. Branch, Princ.
Injuria servi dominum pertingit. The
master is liable for injury done by his serv­ant. Lofft, 229.
INJURIOUS 'WORDS. In Louisiana. Slander, or libelous words. Civil Code La. art. 3501.
INJURY. Any wrong or damage done to another, either in his person, rights, repu­tation, or property. Parker v. Griswold, 17 Conn. 298, 42 Am. Dec. 739; Woodruff v. Mining Co., 18 Fed. 781; Hitch v. Edge­combe County, 132 N. C. 573, 44 S. E. 30; Macauley v. Tierney, 19 R. I. 255, 33 Atl. 1,
37 L. R. A. 455, 61 Am. St. Rep. 770.
In the civil law. A delict committed in contempt or outrage of any one, whereby his body, his dignity, or his reputation is maliciously injured. Voet, Com. ad Pand. 47, t 10, no. 1.
—Civil injury. Injuries to person or proper­ty, resulting from a breach of contract, delict, or criminal offense, which may be redressed by means of a civil action. Cullinan v. Burk-hard, 41 Misc. Rep. 321, 84 N. Y. Supp. 825 —Irreparable injury. This phrase does not mean such an injury as is beyond the possibil­ity of repair, or beyond possible compensation in damages, or necessarily great damage, but includes an injury, whether great or small, which ought not to be submitted to, on the one hand, or inflicted, on the other; and which, because it is so large or so small, or is of such constant and frequent occurrence, can­not receive reasonable redress in a court of law. Sanderlin v. Baxter, 76 Va. 306. 44 Am. Rep 165; Farley v. Gate City Gaslight Co., 105 Ga. 323, 31 S. E. 193; Wahle v. Rein-bach. 76 111. 322; Camp v. Dixon, 112 Ga. 872.
38 S. E. 71, 52 L. R. A. 755. Wrongs of a
repeated and continuing character, or which
occasion damages that are estimated onlv by
conjecture, and not by any accurate standard,
are included. Johnson v. Kier, 3 Pittsb. R.
(Pa.) 204.—Personal injury. A hurt or dam­
age done to a man's person, such as a cut or
bruise, a broken limb, or the like, as distin­
guished from an injury to his property or his
reputation. The phrase is chiefly used in con­
nection with actions of tort for negligence.
Norris v. Grove, 100 Mich. 256, 58 N. W. 1006;
State v. Clayborne, 14 Wash. 622, 45 Pac. 303;
Terre Haute El. Rv. Co. v. Lauer, 21 Ind.
App. 466, 52 N. E. 703. But the term is also
used (chiefly in statutes) in a much wider sense,
and as including any injury which is an in­
vasion of personal rights, and in this significaj
tion it may include such injuries as libel or
slander, criminal conversation with a wife, se­
duction of a daughter, and mental suffering.
See Delamater v. Russell, 4 How. Prac. (N.


Y.) 234; Garrison v. Burden, 40 Ala. 516; McDonald v. Brown, 23 R. I. 546, 51 Atl. 213, 58 L R. A. 768, 91 Am. St. Rep. 659; Mor­ton v. Western Union Tel. Co., 130 N. C. 299, 41 S. E* 484; Williams v. Williams, 20 Colo. 51. 37 tf ac 614; Hood v. Sudderth, 111 N. C. 215, 16 S. E. 397.
INJUSTICE. The withholding or denial of justice. In law, almost invariably applied to the act, fault, or omission of a court, as distinguished from that of an individual. See Holton v. Olcott, 58 N. H. 598; In re Moulton, 50 N. H. 532.
"Fraud" is deception practised by the party; "injustice" is the fault or error of the court. They are not equivalent words in substance, or in a statute authorizing a new trial on a showing of fraud or injustice. Fraud is al­ways the result of contrivance and deception; injustice may be done by the negligence,'mis­take, or omission of the court itself. Silvey v. U. S., 7 Ct CI. 324.
In jus turn est, nisi tota lege inspeeta, <le una aliqua ejus particnla proposita judicare vel respondere. 8 Coke, 1176. It is unjust to decide or respond as to any particular part of a law without examining the whole of the law.
INLAGARE. In old English law. To restore to protection of law. To restore a man from the condition of outlawry. Op­posed to utlagare. Bract, lib. 3, tr. 2, c. 14, $ 1; Du Cange.
INLAGATION. Restoration to the pro­tection of law. Restoration from a condi­tion of outlawry
INLAGH. A person within the law's pro­tection ; contrary to utlagh, an outlaw. Cow-«1L
INLAND. Within a country, state, or ter­ritory; within the same country.
In old English law, inland was used for the demesne (q. v.) of a manor; that part which lay next or most convenient for the lord's mansion-house, as within the view thereof, and which, therefore, he kept in his own hands for support of his family and for hospitality; in distinction from outland or utland, which was the portion let out to ten­ants. Cowell; Kennett; Spelman.
—Inland bill of exchange. A bill of which both the drawer and drawee reside within the same state or country. Otherwise called a "domestic bill," and distinguished from a "for­eign bill." Buckner v. Finley, 2 Pet. 589, 7 L. Ed. 528; Lonsdale v. Brown, 15 Fed. Oas. S57; Strawbridge v. Robinson, 10 111. 472, 50 Am. Dec. 420.—Inland navigation. With­in the meaning of the legislation of congress upon the subject, this phrase means navigation upon the rivers of the country, but not upon the great lakes. Moore v. American Transp. Co., 24 How. 38, 16 L. Ed. 674; The War Eagle, 6 Biss. 364, Fed. Cas. No. 17,173; The Garden City (D. a) 26 Fed. 773.—Inland -trade. Trade wholly carried on at home; as distinguished from commerce,- (which see.)— Inland waters. Such waters as canals, "lakes, rivets, water-courses, inlets and bays, exclu-
sive of the open sea, though the water In ques­tion may open or empty into the ocean. Unit­ed States v. Steam Vessels of War, 106 U.VS. 607, 1 Sup. Ct. 539, 27 L. Ed. 286; The Cot­ton Plant, 10 Wall. 581, 19 L. Ed. 983; Cogs­well v. Chubb, 1 App. Div. 93, 36 N. Y. Supp. 1076.
INIiANTAX, INLANTALE. Demesne or inland, opposed to delantal, or land tenanted. Cowell.
INLAUGHE. Sax. In old English law. Under the law, (sub lege,) in a frank-pledge, or decennary. Bract foL 125 o.
INI/AW. To place under the protection of the law. "Swearing obedience to the king in a leet, which doth inlaw the subject" Bacon.
INLEASED. In old English law. En­tangled, or ensnared. 2 Inst 247; Cowell; Blount
INLIGAHE. In old European law. To confederate; to join in a league, (in ligam coire.) Spelman.
INMATE. A person who lodges or dwells In the same house with another, occupying different i corns, but using the same door for passing la and out of the house. Webster; Jacob.
INN. A.n inn is a house where a traveler Is furnished with everything which he has occasion for while on his way. Thompson v. Lacy, 3 Barn. & Aid. 287; Wintermute v. Clark, 5 Sandf. (N. Y.) 242; Walling v. Pot­ter, 35 Conn. 185. And see Hotel.
Under the term "inn" the law includes all taverns, hotels, and houses of public general entertainment for guests. Code Ga. 1882, § 2114.
The words "inn," "tavern," and "hotel" are used synonymously to designate what is ordi­narily and popularly known as an "inn" or "tavern," or place for the entertainment of travelers, and where all their wants can be supplied. A restaurant where meals only are furnished is not an inn or tavern. People v. Jones, 54 Barb. (N. Y.) 311; Carpenter v. Taylor, 1 Hilt. (N. Y.) 193.
An inn is distinguished from a private board­ing-house mainly in this: that the keeper of the latter is at liberty to choose his guests, while the innkeeper is obliged to entertain and furnish all travelers of good conduct and means of payment with what they may have occasion for, as such travelers, while on their way Pinkerton v. Woodward, 33 Cal. 557, 91 Am. Dec. 657.
The distinction between a boarding-house and an inn is that in, the former the guest is under an express contract for a certain time at a certain rate; in the latter the guest is enter­tained from day to day upon an implied con­tract Willard v. Reinhardt, 2 E. D. Smith (N. Y.) 148.
-Common inn. A house for the entertain­ment of travelers and passengers, in which lodging and necessaries are provided for them and for their horses and attendants. Cromwell v. Stephens, 2 Daly (N. Y.) 15. The word

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"common," in this connection, does not ap­pear to add anything to the common-law defini­tion of an inn, except in so far as it lays stress on the fact that the house is for the entertain­ment of the general public or for all suitable persons who apply for accommodations.
INNAMIUM. In old English law. A pledge.
INNAVIGABILITY. In insurance law. The condition of being innavigable, (q. v.) The foreign writers distinguish "innaviga-bility" from "shipwreck." 3 Kent, Comm. 323, and note.. The term is also applied to the condition of streams which are not large enough or deep enough, or are otherwise un-suited, for navigation.
INNAVIGABLE. As applied to streams, not capable of or suitable for navigation; im­passable by ships or vessels.
As applied to vessels in the law of marine Insurance, it means unfit for navigation; so damaged by misadventures at sea as to be no longer capable of making a voyage. See 3 Kent, Comm. 323, note.
INNER BARRISTER. A Serjeant or king's counsel, in England, who is admitted to plead within the bar.
INNER HOUSE. The name given to the <&ainbers in which the first and second di­visions of the court of session in Scotland hold their sittings. See Outer House.
INNINGS. In old records. Lands recov­ered from the sea by draining and banking. Cowell.
INNKEEPER. On who keeps an inn or house for the lodging and entertainment of travelers. The keeper of a common inn for the lodging and entertainment of travelers and passengers, their horses and attendants, for a reasonable compensation. Story, Bailm. S 475. One who keeps a tavern or coffee­house in which lodging is provided. 2 Steph. Comm. 133. See Inn.
One who receives as guests all who choose to visit his house, without any previous agree­ment as to the time of their stay, or the terms. His liability as innkeeper ceases when his guest pays his bill, and leaves the house with the de­clared intention of not returning, notwith­standing the guest leaves his baggage behind him. Wintermute v. Clark, 5 Sandf. (N. Y.) 242.
INNOCENT. Free from guilt; acting in good faith and without knowledge of incrim­inatory circumstances, or of defects or ob­jections.
—Innocent agent. In criminal law. One who, being ignorant of any unlawful intent on the part of his principal, is merely the instru­ment of the guilty party in committing an of­fense; one who does an unlawful act at the solicitation or request of another, but who, from defect of understanding or ignorance of the inculpatory facts, incurs no legal guilt. Smith r. State, 21 Tex. App, 107, 17 S. W. 552;
State v. Carr, 28 Or. 389, 42 Pac. 215.—In­nocent conveyances. A technical term of the English law of conveyancing, used to desig­nate such conveyances as may be made by a leasehold tenaiv*- without working a forfeiture. These are said to dc lease and re-lease, bar­gain and sale, and, in case of a life-tenant, a covenant to stand seised. See 1 Chit. Pr. 243. —Innocent purchaser. One who, by an hon­est contract or agreement, purchases property or acquires an interest therein, without knowl­edge, or means of knowledge sufficient to charge him in law with knowledge, of any infirmity in the title of the seller. Hanchett v. Kimbark, (111.) 2 N. E. 517; Gerson v. Pool, 31 Ark. 90; Stephens v. Olson, 62 Minn. 295, 64 N. W. 898.
INNOMINATE. In the civil law. Not named or classed; belonging to no specific class; ranking under a general head. A term applied to those contracts for which no certain or precise remedy was appointed, but a general action on the case only. Dig. 2, 1, 4, 7, 2; Id. 19, 4,5.
—Innominate contracts, literally, are the "unclassified" contracts of Roman law. They are contracts which are neither re, verbis, Uter­is, nor consensu simply, but some mixture of or variation upon two or more of such con­tracts. They are principally the contracts of permutatio, de testimato, precarium, and tran-sactio. Brown.
INNONIA. In old English law. A close or inclosure, (clausum, inclausura.) Spelman.
INNOTESCIMUS. Lat. We make known. A term formerly applied to letters patent, derived from the emphatic word at the conclusion of the Latin forms. It was a species of exemplification of charters of feoffment or other instruments not of record. 5 Coke, 54a.
INNOVATION. In Scotch law. The ex­change of one obligation for another, so as to make the second obligation come in the place of the first, and be the only subsisting obligation against the debtor. Bell. The same with "novation," (g. v.)
INNOXIARE. In old English law. To purge one of a fault and make him innocent.
INNS OF CHANCERY. So called be­cause anciently inhabited by such clerks as chiefly studied the framing of writs, which regularly belonged to the cursitors, who were officers of the court of chancery. There are nine of them,—Clement's, Clifford's, and Lyon's Inn; Furnival's, Thavies,' and Sy-mond's Inn; New Inn; and Barnard's and Staples' Inn. These were formerly prepara­tory colleges for students, and many entered them before they were admitted into the inns of court. They consist chiefly of solicitors, and possess corporate property, hall, cham­bers, etc., but perform no public functions like the inns of court. Wharton.
INNS OF COURT. These are certain pri­vate unincorporated associations, in the na­ture of collegiate houses, located in London,


and Invested with the exclusive privilege of calling men to the bar; that is, confer­ring the rank or degree of a barrister. They were founded probably about the beginning of the fourteenth century. The principal inns of court are the Inner Temple, Mid­dle Temple, Lincoln's Inn, and Gray's Inn. (The two former originally belonged to the Knights Templar; the two latter to the earls of Lincoln and Gray respectively.) These bodies now have a "common council of legal education," for giving lectures and hold­ing examinations. The inns of chancery, distinguishable from the foregoing, but gen­erally classed with them under the general name, are the buildings known as "Clifford's Inn," "Clement's Inn," "New Inn," "Sta­ples' Inn," and "Barnard's Inn." They were formerly a sort of collegiate houses in which law students learned the elements of law be­fore being admitted into the inns of court, but they have long ceased to occupy that po­sition.
INNUENDO. This Latin word (common­ly translated "meaning") was the technical beginning of that clause in a declaration or indictment for slander or libel in which the meaning of the alleged libelous words was explained, or the application of the language charged to the plaintiff was pointed out. Hence it gave its name to the whole clause; and this usage is still retained, although an equivalent English word is now substituted. Thus, it may be charged that the defendant said "he (meaning the said plaintiff) is a per­jurer."
The word is also used, (though more rare­ly,) in other species of pleadings, to introduce an explanation of a preceding word, charge, or averment.
It is said to mean no more than the words "id est," "sctlicet," or "meaning," or "afore­said," as explanatory of a subject-matter suf­ficiently expressed before; as "such a one, meaning the defendant," or "such a subject, meaning the subject in question." Cowp. 683. It is only explanatory of some matter al­ready expressed. It serves to point out where there is precedent matter, but never for a new charge. It may apply what is already expressed, but cannot add to or en­large or change the sense of the previous words. 1 Chit. PL 422. See Grand v. Drey­fus, 122 Oal. 58, 54 Pac. 389; Naulty v. Bul­letin Co., 206 Pa. 128, 55 Atl. 862; Cheet-ham v. Tillotson, 5 Johns. (N. Y.) 438; Quinn v. Prudential Ins. Co., 116 Iowa, 522, 90 N. W. 349; Dickson v. State, 34 Tex. Cr. R. 1, 30 S. W. 807, 53 Am. St. Rep. 694.
INOFFICIOSTJM. In the civil law. In­officious; contrary to natural duty or affec­tion. Used of a will of a parent which dis­inherited a child without just cause, or that of a child which disinherited a parent, and which could be contested by querela inoflici-osi testamenti. Dig. 2, 5, 3, 13; Paulus, lib. 4, tit 5, § 1.
INOFFICIOUS TESTAMENT. A will not in accordance with the testator's natural affection and moral duties. Williams, Ex'rs, (7th Ed.) 38; Stein v. Wilzinski, 4 Redf. Sur. (N. Y.) 450; In re Willford's Will (N. J.) 51 Atl. 502. But particularly, in the civil law, a will which deprives the heirs of that portion of the estate to which the law en­titles them, and of which they cannot legal­ly be disinherited. Mackeld. Rom. Law, S 714; Civ. Code La. 1900, art. 3556, subd. 16.
INOFICIOCIDAD. In Spanish law. Everything done contrary to a duty or obli­gation assumed, as well as in opposition to the piety and affection dictated by nature. Escriche.
INOPS CONSIIiII. Lat. Destitute of counsel; without legal counsel. A term ap­plied to the acts or condition of one acting without legal advice, as a testator drafting his own wilL
INORDINATUS. An intestate.
INPENY and OUTFENY. In old Eng­lish law. A customary payment of a penny on entering into and going out of a tenancy, (pro exitu de tenura, et pro ingressu.) Spel-man.
INQUEST. 1. A body of men appointed by law to inquire into certain matters. The grand jury is sometimes called the "grand inquest."
2.The judicial inquiry made by a jury summoned for the purpose is called an "in­quest." The finding of such men, upon an investigation, is also called an "inquest" People v. Coombs, 36 App. Div. 284, 55 N. Y. Supp. 276; Davis v. Bibb County, 116 Ga. 23, 42 S. E. 403.
3.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 died suddenly or in prison.
4.This name is also given to a species of proceeding under the New York practice, al­lowable where the defendant in a civil action has not filed an affidavit of merits nor verified his answer. In such case the issue may be taken up, out of its regular order, on plain­tiff's motion, and tried without the admission of any affirmative defense.
An inquest is a trial of an issue of fact where the plaintiff alone introduces testimony. The defendant is entitled to appear at the taking of the inquest, and to cross-examine the plaintiff's witnesses; and, if he do appear, the inquest must be taken before a jury, unless a jury be expressly waived by him. Haines v. Davis, 6 How. Prac. (N. Y.) 118.
—Coroner's inquest. See Coroner.—In­quest of lunacy. See Lunacy.—Inquest of office. In English practice. An inquiry made made by the king's (or queen's) officer, his sher­iff, coroner, or escheator, virtute officii, or by writ sent to them for that purpose, or by com­missioners specially appointed, concerning any


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 accrues to the king; whether A., who held immediately of the crown, died without heir, in which case the lands belong to the king by escheat; whether B. be attainted of treason, whereby his estate is forfeited to the crown; whether C, who has purchased land, be an alien, which is another cause of forfeiture, etc. 3 Bl. Coram. 258. These inquests of office were more frequent in practice during the continuance of the military tenures than 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 simply termed "office," as in the phrase "office found," (q. v.) See Atlantic & P. R. Co. v. Mingus, 165 U. S. 413, 17 Sup. Ct. 348, 41 L. Ed. 770; Baker v. Shy, 9 Heisk. (Tenn.) 89.
INQUILINUS. In Roman law. A ten­ant; one who hires and occupies another's house; but particularly, a tenant of a hired house in a city, as distinguished from colo-nus, the hirer of a house or estate in the country. Calvin.
INQUIRENDO. An authority given to some official person to institute an inquiry concerning the crown's interests.
INQUIRY. The writ of inquiry is a ju­dicial process addressed to the sheriff of the county in which the venue is laid, stating the former proceedings in the action, and, "because it is unknown what damages the plaintiff has sustained," commanding the sheriff that, by the oath of twelve men of his county, he diligently inquire into the same, and return the inquisition into court. This writ is necessary after an interlocutory judg­ment, the defendant having let judgment go by default, to ascertain the quantum of dam­ages. Wharton.
INQUISITIO. In old English law. An inquisition or inquest. Inquisitio post mor­tem, an inquisition after death. An inquest of office held, during the continuance of the military tenures, upon the death of every one of the king's tenants, to inquire of what lands he died seised, who was his heir, and of what age, in order to entitle the king to his mar­riage, wardship, relief, primer seisin, or other advantages, as the circumstances of the case might turn out. 3 Bl. Comm. 258. Inqui­sitio patrice, the inquisition of the country; the ordinary jury, as distinguished from the grand assise. Bract, fol. 15o.
INQUISITION. In practice. An inquiry or inquest; particularly, an investigation of certain facts made by a sheriff, together with a jury impaneled by him for the purpose.
—Inquisition after death. See Inquisitio. Inquisition of lunacy. See Lunacy.
INQUISITOR. A designation of sheriffs, coroners super visum corporis, and the like, who have power to inquire into certain mat­ters.
XNROLL. A form of "enroll," used In the old books. 3 Rep. Ch. 63, 73; 3 Bast, 410.
INROIXMENT. See Enrollment.
INSANE. Unsound in mind; of unsound mind; deranged, disordered, or diseased in mind. Violently deranged; mad.
INSANITY. Unsoundness of mind; mad­ness; mental alienation or derangement; a morbid psychic condition resulting from dis­order of the brain, whether arising from mal­formation or defective organization or mor­bid processes affecting the brain primarily or diseased states of the general system impli­cating it secondarily, which involves the in­tellect, the emotions, the will, and the moral sense, or some of these* faculties, and which is characterized especially by their non-devel­opment, derangement, or perversion, and is manifested, in most forms, by delusions, in­capacity to reason or to judge, or by uncon­trollable impulses. In law, such a want of reason, memory, and intelligence as prevents a man from comprehending the nature and consequences of his acts or from distinguish­ing between right and wrong conduct. From both the pathologic and the legal definitions are to be excluded temporary mental aber­rations caused by or accompanying alcoholic or other intoxication and the delirium of fever. See Crosswell v. People, 13 Mich. 427, 87 Am. Dec. 774; Johnson v. Insurance Co., 83 Me. 182, 22 Atl. 107; McNeil v. Relief Ass'n, 40 App. Div. 581, 58 N. Y. Supp. 122; Haile v. Railroad Co., 60 Fed. 560, 9 C. C. A. 134, 23 L. R. A. 774; Meyers v. Com., 83 Pa. 136; Somers v. Pumphrey, 24 Ind. 245; Frazer v. Frazer, 2 Del. Ch. 263.
Other definitions. Insanity is a manifesta­tion of disease of the brain, characterized by a general or partial derangement of one or more faculties of the mind, and in which, while con­sciousness is not abolished, mental freedom is perverted, weakened, or destroyed. Hammond, Nervous System, 332. The prolonged departure, without any adequate cause, from the states of feeling and modes of thinking usual to the in­dividual in health. Bouvier. By insanity is not meant (in law) a total deprivation of reason, but only an inability, from defect of perception, memory, and judgment, to do the act in ques­tion, [with an intelligent apprehension of its nature and consequences.] So, by a lucid in­terval is not meant a perfect restoration to rea­son, but a restoration so far as to be_ able, be­yond doubt, to comprehend and to do the act with such reason, memory, and judgment as to make it a legal act. Frazer v. Frazer, 2 Del. Ch. 263.
Synonyms.—Lunacy. Lunacy, at the common law, was a term used to describe the state of one who, by sickness, grief, or other accident, has wholly lost his memory and understanding. Co. Litt. 246&, 247a; Com. v. Haskell, 2 Brewst (Pa.) 496. It is distinguished from Idiocy, an idiot being one who from his birth has had no memory or understanding, while lunacy implies the pos­session and subsequent loss of mental powers. Bicknell v. Spear, 38 Misc. Rep. 389, 77 N.


Y. Supp. 920. On the other hand, lunacy is a total deprivation or suspension of the or­dinary powers of the mind, and is to be dis­tinguished from imbecility, where there is a more or less advanced decay and feebleness of the intellectual faculties. In re Vanauken, 10 N. J. Eq. 186, 195; Odell v. Buck, 21 Wend. (N. Y.) 142. As to all other forms of insanity, lunacy was originally distinguished by the occurrence of lucid intervals, and hence might be described as a periodical or recurrent insanity. In re Anderson, 132 N. G. 243, 43 S. E. 649; Hiett v. Shull, 36 W. Va. 563, 15 S. E. 146. But while these dis­tinctions are still observed in some jurisdic­tions, they are more generally disregarded; so that, at present, in inquisitions of lunacy and other such proceedings, the term "lun­acy" has almost everywhere come to be syn­onymous with "insanity," and is used as a general description of all forms of derange­ment or mental unsoundness, this rule being established by statute in many states and by judicial decisions in others. In re Clark, 175 N. Y. 139, 67 N. E. 212; Smith v. Hickenbot-tom, 57 Iowa, 733, 11 N. W. 664; Cason v. Owens, 100 Ga. 142, 28 S. E. 75; In re Hill, 31 N. J. Eq. 203. Cases of arrested mental development would come within the definition of lunacy, that is, where the patient was born with a normal brain, but the cessation of mental growth occurred in infancy or so near it that he never acquired any greater intelligence or discretion than belongs to a normally healthy child. Such a subject might be scientifically denominated an "idi­ot," but not legally, for in law the latter term is applicable only to congenital amen­tia. The term "lucid interval" means not an apparent tranquility or seeming repose, or cessation of the violent symptoms of the disorder, or a simple diminution or remission of the disease, but a temporary cure—an intermission so clearly marked that it per­fectly resembles a return of health; and it must be such a restoration of the faculties as enables the patient beyond doubt to com­prehend the nature of his acts and transact his affairs as usual; and it must be continued for a length of time suflScient to give cer­tainty to the temporary restoration of rea­son. Godden v. Burke, 35 La. Ann. 160, 173; Ricketts v. Joliff, 62 Miss. 440; Ekin v. Mc-Cracken, 11 Phila. (Pa.) 534; Frazer v. Fraz-er, 2 Del. Ch. 260.
Idiocy is congenital amentia, that is, a «vant of reason and intelligence existing from birth and due to structural defect or mal­formation of the brain. It is a congenital obliteration of the chief mental powers, and Is defined in law as that condition in which the patient has never had, from his birth, even the least glimmering of reason; for a man is not legally an "idiot" if he can tell his parents, his age, or other like common matters. This is not the condition of a deranged mind, but that of a total absence of mind, so that, while idiocy is generally
classed under the general designation of "in* sanity," it Is rather to be regarded as a nat­ural defect than as a disease or as the re­sult of a disease. It differs from "lunacy,'* because there are no lucid intervals or periods of ordinary intelligence. See In re Beaumont, 1 Whart (Pa.) 53, 29 Am. Dec. 33; Clark v. Robinson, 88 111. 502; Crosswell v. People, 13 Mich. 427, 87 Am. Dec. 774; iHiett v. Shull, 36 W. Va. 563, 15 S. E. 146; Thompson v. Thompson, 21 Barb. (N. Y.) 128; In re Owings, 1 Bland (Md.) 386, 17 Am. Dec. 311; Francke v. His Wife, 29 La. Ann. 304; Hall v. Unger, 11 Fed. Cas. 261; Bick-nell v. Spear, 38 Misc. Rep. 389, 77 N. Y. Supp. 920.
Imbecility. A more or less advanced 'decay and feebleness of the Intellectual facul­ties ; that weakness of mind which, without depriving the person entirely of the use of his reason, leaves only the faculty of con­ceiving the most common and ordinary ideas and such as relate almost always to physical wants and habits. It varies in shades and degrees from merely excessive folly and ec­centricity to an almost total vacuity of mind or amentia, and the test of legal capacity, in this condition, is the stage to which the weakness of mind has advanced, as measur­ed by the degree of reason, judgment, and memory remaining. It may proceed from paresis or general paralysis, from senile de­cay, or from the advanced stages of any of the ordinary forms of insanity; and the term is rather descriptive of the consequen­ces of insanity than of any particular type of the disease. See Calderon v. Martin, 50 La. Ann. 1153, 23 South. 909; Delafield v. Par­ish, 1 Redf. (N. Y.) 115; Campbell v. Camp­bell, 130 111. 466, 22 N. E 620, 6 L. R. A. 167; Messenger v. Bliss, 35 Ohio St. 592.
Non compos mentis. Lat. Not of sound mind. A generic term applicable to all in­sane persons, of whatsoever specific type the insanity may be and from whatever cause arising, provided there be an entire loss of reason, as distinguished from mere weakness of mind. Somers v. Pumphrey, 24 Ind. 244; In re Beaumont, 1 Whart. (Pa.) 53; Burn-ham v. Mitchell, 34 Wis. 136; Dennett v. Dennett, 44 N. H 537, 84 Am. Dec. 97; Potts v. House, 6 Ga. 350, 50 Am. Dec. 329; Jack­son v. King, 4 Cow. (N. Y.) 207, 15 Am. Dec. 354; Stanton v. Wetherwax, 16 Barb. (N. Y.) 262.
Derangement. This term includes all forms of mental unsoundness, except of the natural born idiot. Hiett v. Shull, 36 W. Va. 563, 15 S. E. 147.
Delusion is sometimes loosely used as syn­onymous with insanity. But this is incor­rect. Delusion is not the substance but the evidence of insanity. The presence of an in­sane delusion is a recognized test of insanity in all cases except amentia and imbecility, and where there is bo frenzy or raving mad-


ness; and in this sense an insane delusion is a fixed belief in the mind of the patient of the existence of a fact which has no objec­tive existence but is purely the figment of his imagination, and which is so extravagant that no sane person would believe it under the circumstances of the case, the belief, nevertheless, being so unchangeable that the patient is incapable of being permanently dis­abused by argument or proof. The charac­teristic which distinguishes an "insane" de­lusion from other mistaken beliefs is that it is not a product of the reason but of the imagination, that is, not a mistake of fact in­duced by deception, fraud, insufficient evi­dence, or erroneous reasoning, but the spon­taneous conception of a perverted imagina­tion, having no basis whatever in reason or evidence. Riggs v. Missionary Soc, 35 Hun (N. Y.) 658; Buchanan v. Pierie, 205 Pa. 123, 54 Atl. 583, 97 Am. St. Rep. 725; Gass v. Gass, 3 Humph. (Tenn.) 283; Dew v. Clarke, 8 Add. 79; In re Bennett's Estate, 201 Pa. 485, 51 Atl. 336; In re Scott's Estate, 128 Cal. 57, 60 Pac. 527; Smith v. Smith, 48 N. J. Eq. 566, 25 Atl. 11; Guiteau's Case (D. C) 10 Fed. 170; State v. Lewis, 20 Nev. 333, 22 Pac. 241; In re White, 121 N. Y. 406, 24 N. E. 935; Potter v. Jones, 20 Or. 239, 25 Pac. 769, 12 D. R. A. 161. As to the distinctions between "Delusion" and "Illusion" and "Hal­lucination," see those titles.
Forms and varieties of insanity. With­out attempting a scientific classification of the numerous types and forms of insanity, (as to which it may be said that there is as yet no final agreement among psychologists and alienists either as to analysis or nomenclature,) defini­tions and explanations will here be appended of the compound and descriptive terms most com­monly met with in medical jurisprudence. And, first, as to the origins or causes of the disease: Traumatic insanity is such as results from a wound or injury, particularly to the head or brain, such as fracture of the skull or concus­sion of the brain.—Idiopathic insanity is such as results from a disease of the brain it­self, lesions of the cortex, cerebral anemia, etc. —Congenital insanity is that which exists from the birth of the patient, and is (in law) properly called "idiocy." See supra.—Cretin­ism is a form of imperfect or arrested mental development, which may amount to idiocy, with physical degeneracy or deformity or lack of development; endemic in Switzerland and some other parts of Europe, but the term is applied to similar states occurring elsewhere.—Pella­grous insanity. Insanity caused by or de­prived from pellagra, which is an endemic dis­ease of southern Europe, (though not confined to that region,) characterized by erythema, di­gestive derangement, and nervous affections. (Cent Diet.)—Polyneuritic insanity is in­sanity arising from an inflammation of the nerves, of the kind called "polyneuritis" or "mul­tiple neuritis" because it involves several nerves at the same time. This is often preceded by tuberculosis and almost always by alcoholism, and is characterized specially by delusions and falsification of the memory. It is otherwise called "Korssakoff's disease." (Kraepelin.)— Choreic insanity is insanity arising from chorea, the latter being a nervous disease, more commonly attacking children than adults, char­acterized by irregular and involuntary twitch-ings of the muscles of the limbs and face, popu-
larly called "St. Vitus' dance."—Puerperal in­sanity is mental derangement occurring in women at the time of child-birth or immediately after; it is also called "eclampsia parturien-tium."—Folie brightique. A French term sometimes used to designate an access of in­sanity resulting from nephritis or "Bright's dis­ease." See In re McKean's Will, 31 Misc. Rep. 703, 66 N. Y. Supp. 44.—Delirium tremens. A disease of the nervous system, induced by the excessive and protracted use of intoxicating liq­uors, and affecting the brain so as to produce incoherence and lack of continuity in the intel­lectual processes, a suspension or perversion of the power of volition, and delusions, particular­ly of a terrifying nature, but not generally prompting to violence except in the effort to es­cape from imaginary dangers. It is recognized in law as a form of insanity, and may be of such a nature or intensity as to render the pa­tient legally incapable of committing a crime. United States v. McGlue, 1 Curt. 1, 26 Fed. Cas. 1093; Insurance Co. v. Deming, 123 Ind. 384, 24 N. E. 86; Maconnehey v. State, 5 Ohio St. 77; Erwin v. State, 10 Tex. App. 700; Carter v. State, 12 Tex. 500; 62 Am. Dec. 539. In some states the insanity of alcoholic intoxica­tion is classed as "temporary," where induced by the voluntary recent use of ardent spirits and carried to such a degree that the person becomes incapable of judging the consequences or the moral aspect of his acts, and "settled," where the condition is that of delirium tremens. Settled insanity, in this sense, excuses from civil or criminal responsibility; temporary in­sanity does not. The ground of the distinction is that the former is a remote effect of imbibing alcoholic liquors and is not voluntarily incurred, while the latter is a direct result voluntarily sought for. Evers v. State, 31 Tex. Cr. R. 318, 20 S. W. 744, 18 I* R. A. 421, 37 Am. St. Rep. 811; Maconnehey v. State, 5 Ohio St. 77. —Syphilitic insanity is paresis or progres­sive imbecility resulting from the infection of syphilis. It is sometimes called fas being a se­quence or result of that disease) metasyphilis" or "parasyphilis."—Tabetic dementia. A form of mental derangement or insanity com­plicated with "tabes dorsalis" or locomotor ataxia, which generally precedes, or sometimes follows, the mental attack. As to insanity re­sulting from cerebral embolism, see Embolism; from epilepsy, see Epilepsy. As to chronic alcoholism as a form of insanity, see Alcohol­ism.
General descriptive and clinical terms. —Affective insanity. A modern comprehen­sive term descriptive of all those forms of in­sanity which affect or relate to the feelings and emotions and hence to the ethical and social relations of the individual.—Involutional in­sanity. That which sometimes accompanies the "involution" of the physical structure and physiology of the individual, the reverse of their "evolution," hence practically equivalent to the imbecility of old age or senile dementia.—Ma­niacal-depressive insanity. A form of in­sanity characterized by alternating periods of high maniacal excitement and of depressed and stuprous conditions in the nature of or resem­bling melancholia, often occurring as a series or cycle of isolated attacks, with more or less com­plete restoration to health in the intervals. (Kraepelin.) This is otherwise called "circular insanity" or "circular stupor."—Circular in­sanity. Another name for maniacal-depressive insanity, which see.—Partial insanity, as a legal term, may mean either monomania (see infra) or an intermediate stage in the develop­ment of mental derangement. In the former sense, it does not relieve the patient from re­sponsibility for his acts, except where instigat­ed directly by his particular delusion or obses­sion. Com. v. Mosler, 4 Pa. 264; Com. v. Bar-ner, 199 Pa. 335, 49 Atl. 60; Trich v. Trich, 165 Pa. 586, 30 Atl. 1053. In the latter sense,

it denotes a clouding or weakening of the mind, not inconsistent with some measure of memory, reason, and judgment. But the term, in this sense, does not convey any very definite mean­ing, since it may range from mere feeble-mind-edness to almost the last stages of imbecility. State v. Jones, 50 N. H. 383, 9 Am. Rep. 242; Appeal of Dunham, 27 Conn. 205.—Recurrent insanity. Insanity which returns from time to time, hence equivalent to "lunacy" (see supra) in its common-law sense, as a mental disorder broken by lucid intervals. There is no presump­tion that fitful and exceptional attacks of in­sanity are continuous. Leache v. State, 22 Tex. App. 279, 3 S. W. 538, 58 Am. Rep. 638.— Moral insanity. A morbid perversion of the feelings, affections, or propensities, but without any illusions or derangement of the intellectual faculties; irresistible impulse or an incapacity to resist the prompting of the passions, though accompanied by the power of discerning the moral or immoral character of the act. Moral insanity is not admitted as a bar to civil or criminal responsibility for the patient's acts, un­less there is also shown to be intellectual dis­turbance, as manifested by insane delusions or the other recognized criteria of legal insanity. Leache v. State, 22 Tex. App. 279, 3 S. W. 539, 58 Am. Rep. 638; In re Forman's Will, 54 Barb. (N. Y.) 291; State v. Leehman, 2 S. D. 171, 49 N. W. 3. The term "emotional in­sanity" or mania transitoria applies to the case of one in the possession of his ordinary reasoning faculties who allows his passions to convert him into a temporary maniac. Mutual L. Ins. Co. v. Terry, 15 Wall. 580, 583, 21 L. Ed. 236.—Psychonenrosis. Mental disease without recognizable anatomical lesion, and without evidence and history of preceding chron­ic mental degeneration. Under this head come melancholia, mania, primary acute dementia, and mania hallucinatoria. Cent. Diet. "Neuro­sis," in its broadest sense, may include any dis­ease or disorder of the mind, and hence all the forms of insanity proper. But the term "psy-choneurosis" is now employed by Freud and oth­er European specialists to describe that class of exaggerated individual peculiarities or idiosyn­crasies of thought towards special objects or topics which are absent from the perfectly nor­mal mind, and which yet have so little influence upon the patient's conduct or his general modes of thought that they cannot properly be describ­ed as "insanity" or as any form of "mania," especially because ordinarily unaccompanied by any kind of delusions. At most, they lie on the debatable border-land between sanity and in­sanity. These idiosyncrasies or obsessions may arise from superstition, from a real incident in the patient's past history upon which he has brooded until it has assumed an unreal impor­tance or significance, or from general neuras­thenic conditions. Such, for example, are a ter­rified shrinking from certain kinds of animals, unreasonable dread of being shut up in some enclosed place or of being alone in a crowd, excessive fear of being poisoned, groundless con­viction of irredeemable sinfulness, and countless other prepossessions, which may range from mere weak-minded superstition to actual mono­mania.—Katatonia. A form of insanity dis­tinguished by periods of acute mania and melan­cholia and especially by cataleptic states or con­ditions ; the "insanity of rigidity." (Kahl-baum.) A type of insanity characterized par­ticularly by "stereotypism, an instinctive in­clination to purposeless repetition of the same expressions of the will, and "negativism," a senseless resistance against every outward in­fluence. (Kraepelin.)—Folie cirenlaire. The French name for circular insanity or maniacal-depressive insanity.—General paralysis. De­mentia paralytica or paresis.
Amentia, dementia, and mania. The
classification of insanity into these three types or forms, though once common, has of late given
way to a more scientific nomenclature, based* chiefly on the origin or cause of the disease tag the particular patient and its clinical history. -These terms, however, are still occasionally en-; countered in medical jurisprudence, and th*4 names of some of their subdivisions are in con­stant use.
Amentia. A total lack of intelligence, rea* son, or mental capacity. Sometimes so used as to cover imbecility or dotage, or even as ap­plicable to all forms of insanity; but properly restricted to a lack of mental capacity due to original defective organization of the brain (idiocy) or arrested cerebral development, as distinguished from the degeneration of intellec-' tual faculties which once were normal.
Dementia. A form of insanity resulting' from degeneration or disorder of the brain (ideo-pathic or traumatic, but not congenital) and characterized by general mental weakness and decrepitude, forgetfulness, loss of coherence, and total inability to reason, but not accompanied by delusions or uncontrollable impulses. Pyott v. Pyott, 90 111. App. 221; Hall v. Unger, 2 Abb. U. S. 510, Fed. Cas. No. 5,949; Dennett v. Dennett, 44 N. H. 531, 84 Am. Dec. 97; People v. Lake, 2 Parker, Cr. R. (N. Y.) 21& By some writers dementia is classed as a ter­minal stage of various forms of insanity, and hence may follow mania, for example, as its final condition. Among the sub-divisions of de­mentia should be noticed the following: Acvfte primary dementia is a form of temporary de­mentia, though often extreme in its intensity, and occurring in young people or adolescents, accompanied by general physical debility or ex­haustion and induced by conditions likely to produce that state, as malnutrition, overwork, dissipation, or too rapid growth. Dementia par-ralytioa is a progressive form of insanity, be­ginning with slight degeneration of the physical, intellectual, and moral powers, and leading to complete loss of mentality, or imbecility, with general paralysis. Also called paresis, paretic dementia, or cirrhosis of the brain, or (popular­ly) "softening of the brain." Dementia prweox. A term applicable either to the early stages of dementia or to the dementia of adolescence, but more commonly applied to the latter. It is often (but not invariably) attributable to onan­ism or self-abuse, and is characterized by men­tal and moral stupidity, absence of any strong feeling of the impressions of life or interest in its events, blunting or obscuration of the moral sense, weakness of judgment, flightmess of thought, senseless laughter without mirth, auto­matic obedience, and apathetic despondency. (Kraepelin.) Senile dementia Dementia occur­ring in persons of advanced age, and character­ized by slowness and weakness of the mental processes and general physical degeneration, verging on or passing into imbecility, indicat­ing the breaking down of the mental powers in advance of bodily decay. Hiett v. Shull, 36 W. Va. 563, 15 S. E. 146; Pyott v. Pyott. 191 111. 280. 61 N. E. 88; McDaniel v. McCoy, 68 Mich. 332, 36 N. W. 84; Hamon v. Hamon, 180 Mo. 685, 79 S. W. 422. Toxic dementia. Weakness of mind or feeble cerebral activity, approaching imbecility, resulting from contin­ued administration or use of slow poisons or of the mere active poisons in repeated small doses, as in cases of lead poisoning and in some cases of addiction to such drugs as opium or alcohol.
Mania. That form of insanity in which the patient is subject to hallucinations and illusions, accompanied by a high state of general mental excitement, sometimes amounting to fury. See Hall v. Unger, 2 Abb. U. S. 510, 11 Fed. Cas. 261; People v. Lake, 2 Parker Cr. R. (N. Y.) 218; Smith v. Smith, 47 Miss. 211; In re Gannon's Will, 2 Misc. Rep. 329, 21 N. Y. Supp. 960. In the case first above cited, the following description is given by Justice Field: "Mania is that form of insanity where the men-


tal derangement is accompanied with more or less qf excitement. Sometimes the excitement amounts to a fury. The individual in such cas­es is subject to hallucinations and illusions. He is impressed with the reality of events which have never occurred, and of things which do not exist, and acts more or less in conformity with his belief in these particulars. The mania may be general, and affect all or most of the op­erations of the mind; or it may be partial, and be confined to particular subjects. In the^ lat­ter case it ia generally termed 'monomania.'" In a more popular but less scientific sense, "mania" denotes a morbid or unnatural or ex­cessive craving, issuing in impulses of such fix­ity and intensity that they cannot be resisted by the patient in the enfeebled state of the will and blurred moral concepts which accompany the disease. It is used in this sense in such compounds as "homicidal mania," "dipsomania," and the like —Hypomania. A mild or slight­ly developed form or type of mania —Mono­mania. A perversion or derangement of the reason or understanding with reference to a single subject or small class of subjects, with considerable mental excitement and delusions, while, as to all matters outside the range of the peculiar infirmity, the intellectual faculties re­main unimpaired and function normally. Hopps v. People, 31 111. 390, 83 Am. Dec. 231; In re Black's Estate, Myr. Prob. (Cal.) 27; Owing's Case, 1 Bland (Md.) 388, 17 Am. Dec. 311; Merritt v. State, 39 Tex. Cr. R. 70, 45 S. W. 21; In re Gannon's Will, 2 Misc. Rep. 329, 21 N. Y. Supp. 960.—Paranoia. Monomania in general, or the obsession of a delusion or sys­tem of delusions which dominate without de­stroying the mental capacity, leaving the patient sane as to all matters outside their particular range, though subject to perverted ideas, false beliefs, and uncontrollable impulses within that range; and particularly, the form of monomania where the delusion is as to wrongs, injuries, or persecution inflicted upon the patient and his consequently justifiable resentment or revenge. Winters v. State, 61 N. J. Law, 613, 41 Atl. 220; People v. Braun, 158 N. Y. 558, 53 N. B. 529; Flanagan v. State, 103 Ga. 619, 30 S. E. 550. Paranoia is called by Kraepelin "progres­sive systematized insanity," because the delu­sions of being wronged or of persecution and of excessive self-esteem develop quite slowly, with­out independent disturbances of emotional life or of the will becoming prominent, and because there occurs regularly a mental working up of the delusion to form a delusionary view of the world,—in fact, a system,—leading to a derange­ment of the stand-point which the patient takes up towards the events of life.—Homicidal mania. A form of mania in which the morbid state of the mind manifests itself in an irresist­ible inclination or impulse to commit homicide, prompted usually by an insane delusion either as to the necessity of self-defense or the avenging of injuries, or as to the patient being the appoint­ed instrument of a superhuman justice. Com. v. Sayre, 5 Wkly. Notes Cas. (Pa.) 425; Com. v. Mosler, 4 Pa. 266.—Methomania. An irre­sistible craving for alcoholic or other intoxica­ting liquors, manifested by the periodical re­currence of drunken debauches. State v. Savage, 89 Ala. 1, 7 South. 183, 7L.R.A. 426 —Dipso­mania. Practically the same thing as metho­mania, except that the irresistible impulse to intoxication is extended by some writers to in­clude the use of such drugs as opium or cocaine as well as alcohol. See State v. Reidell, 9 Houst. (Del) 470, 14 Atl. 550; Ballard v. State, 19 Neb. 609, 28 N. W. 271.—Mania a potn. Delirium tremens, or a species of tem­porary insanity resulting as a secondary effect produced by the excessive and protracted indul­gence in intoxicating liquors. See State v. Hur­ley, Houst. Cr. Cas. (Del.) 28, 35—Toxico­mania. An excessive addiction to the use of toxic or poisonous drugs or other substances; a
form of mania or affective insanity characteriz­ed by an irresistible impulse to indulgence in opium(> cocaine, chloral, alcohol, etc.—Mania fanatica. A form of insanity characterized by a morbid state of religious feeling. Ekin v. McCracken, 11 Phila. (Pa.) 540.—Sebastoma-nia. Religious insanity; demonomania.—Me­galomania. The so-called "delirium of gran­deur" or "folie de grandeur;" a form of mania in which the besetting delusion of the patient is that he is some person of great celebrity or ex­alted rank, historical or contemporary.—Klep­tomania. A species (or symptom) of mania, consisting in an irresistible propensity to steal. Looney v. State, 10 Tex. App. 525, 38 Am. Rep. 646; State v. Reidell, 9 Houst. (Del.) 470, 14 Atl. 550—Pyromania. Incendiarism; a form of affective insanity in which the mania takes the form of an irresistible impulse to burn or set fire to things.—Oikei mania, a form of in­sanity manifesting itself in a morbid state of the domestic affections, as an unreasonable dislike of wife or child without cause or provocation. Ekin v. McCracken, 11 Phila. (Pa.) 540.—Nym­phomania. A form of mania characterized by a morbid, excessive, and uncontrollable craving for sexual intercourse. This term is applied only to women. The term for a corresponding mania in men is "satyriasis."—Erotomania. A form of mania similar to nymphomania, ex­cept that the present term is applied to patients of both sexes, and that (according to some au­thorities) it is applicable to all cases of exces­sive sexual craving irrespective of origin; while nymphomania is restricted to cases where the disease is caused by a local disorder of the sex­ual organs reacting on the brain. And it is to be observed that the term "erotomania" is now often used, especially by French writers, to describe a morbid propensity for "falling in love" or an exaggerated and excited condition of amativeness or love-sickness, which may af­fect the general physical health, but is not necessarily correlated with any sexual craving, and which, though it may unnaturally color the imagination and distort the subject's view of life and affairs, does not at all amount to in­sanity, and should not be so considered when it leads to crimes of violence, as in the too com­mon case of a rejected lover who kills his mis­tress.—Necrophilism. A form of affective in­sanity manifesting itself in an unnatural and re­volting fondness for corpses, the patient desir­ing to be in their presence, to caress them, to exhume them, or sometimes to mutilate them, and even (in a form of sexual perversion) to violate them,
Melancholia. Melancholia is a form of in­sanity the characteristics of which are extreme mental depression, associated with delusions and hallucinations, the latter relating especially to the financial or social position of the patient or to impending or threatened dangers to his per­son, property, or reputation, or issuing in dis­torted conceptions of his relations to socioty or his family or of his rights and duties in general. Connecticut Mut. L. Ins. Co. v. Groom, 86 Pa. 92, 27 Am. Rep. 689; State v. Reidell, 9 Houst. (Del.) 470, 14 Atl. 551; People v. Krist, 168 N. Y. 19, 60 N. E. 1057. Hypochondria or hypochondriasis. A form of melancholia in which the patient has exaggerated or causeless fears concerning his health or suffers from imag­inary disease. Toxiphobia. Morbid dread of being poisoned; a form of insanity manifesting itself by an excessive and unfounded apprehen­sion of death by poison.
Specific definitions and applications in law. There are numerous legal proceedings where insanity may be shown, and the rule for establishing mental capacity or the want of it varies according to the object or purpose of the proceeding. Among these may be enu­merated the following: A criminal prosecu-


tion where insanity is alleged as a defense; a proceeding to defeat a will on the ground of the insanity of the testator; a suit to avoid a contract (including that of marriage) for similar reasons; a proceeding to secure the commitment of a person alleged to be in­sane to an asylum; a proceeding to appoint a guardian or conservator for an alleged lunatic; a plea or proceeding to avoid the ef­fect of the statute of limitations on account of insanity. What might be regarded as in­sanity in one of such cases would not neces­sarily be so regarded in another. No definite rule can be laid down which would apply to all cases alike. Snyder v. Snyder, 142 111. 60, 31 N. E. 303; Clarke v. Irwin, 63 Neb. 539, 88 N. W. 783. But the following rules or tests for specific cases have been generally accepted and approved:
In criminal law and as a defense to an accusation of crime, insanity means such a perverted and deranged condition of the men­tal and moral faculties as to render the per­son incapable of distinguishing between right and wrong, or to render him at the time un­conscious of the nature of the act he is com­mitting, or such that, though he may be con­scious of it and also of its normal quality, so as to know that the act in question is wrong, yet his will or volition has been (otherwise than voluntarily) so completely destroyed that his actions are not subject to it but are beyond his control. Or, as otherwise stated, insanity is such a state of mental derange­ment that the subject is incompetent of hav­ing a criminal intent, or incapable of so con­trolling his will as to avoid doing the act in question. Davis v. U. S., 165 U. S. 373, 17 Sup. Ct 360, 41 L. Ed. 750; Doherty v. State, 73 Vt. 380, 50 Atl. 1113; Butler v. State, 102 Wis. 364, 78 N. W. 590; Rather v. State, 25 Tex. App. 623, 9 S. W. 69; Lowe v. State, 118 Wis. 641, 96 N. W. 424; Genz v. State, 59 N. J. Law, 488, 37 Atl. 69, 59 Am. St. Rep. 619; In re Guiteau (D. C.) 10 Fed. 164; People v. Finley, 38 Mich. 482; People v. Hoin, 62 Cal. 120, 45 Am. Rep. 651; Carr v. State, 96 Ga. 284, 22 S. E. 570; Wilcox v. State, 94 Tenn. 106, 28 S. W. 312; State v. Holloway, 156 Mo. 222, 56 S. W. 734; Hotema v. U. S., 186 U. S. 413, 22 Sup. Ct. 895, 46 L. Ed. 1225.
Testamentary capacity includes an intelli­gent understanding of the testator's proper­ty, its extent and items, and of the nature of the act he is about to perform, together with a clear understanding and purpose as to the manner of its distribution and the persons who are to receive it. Lacking these, he is not mentally competent The presence of in­sane delusions is not inconsistent with testa­mentary capacity, if they are of such a nature that they cannot reasonably be sup­posed to have affected the dispositions made by the will; and the same Is true of the various forms of monomania and of all kinds of eccentricity and personal idiosyncrasy. But imbecility, senile dementia, and all
forms of systematized mania which affect the understanding and judgment generally disable the patient from making a valid will. See Harrison v. Rowan, 3 Wash. C. G. 585, Fed. Cas. No. 6,141; Smee v. Smee, 5 Prob. Div. 84; Banks v. Goodfellow, 39 Law J. R., Q. B., 248; Wilson v. Mitchell, 101 Pa. 495; Whitney v. Twombly, 136 Mass. 147; Lowder v. Lowder, 58 Ind. 540; In re Halbert's Will, 15 Misc. Rep. 308, 37 N. Y. Supp. 757; Den v. Vancleve, 5 N. J. Law, 660.
As a ground for avoiding or annulling a contract or conveyance, insanity does not mean a total deprivation of reason, but an inability, from defect of perception, memory, and judgment, to do the act in question or to understand its nature and consequences. Frazer v. Frazer, 2 Del. Ch. 260. The in­sanity must have entered into and induced the particular contract or conveyance; it must appear that it was not the act of the free and untrammeled mind, and that on ac­count of the diseased condition of the mind the person entered into a contract or made a conveyance which he would not have made If he had been in the possession of his rea­son. Dewey v. Allgire, 37 Neb. 6, 55 N. W. 276, 40 Am. St Rep. 468; Dennett v. Dennett, 44 N. H. 537, 84 Am. Dec. 97. Insanity suffi-cient to justify the annulment of a marriage means such a want of understanding at the time of the marriage as to render the party incapable of assenting to the contract of mar­riage. The morbid propensity to steal, called "kleptomania," does not answer this descrip­tion. Lewis v. Lewis, 44 Minn. 124, 46 N. W. 323, 9 L. R. A. 505, 20 Am. St. Rep. 559.
As a ground for restraining the personal liberty of the patient, it may be said in gen­eral that the form of Insanity from which he suffers should be such as to make his going at large a source of danger to himself or to others, though this matter is largely regu­lated by statute, and in many places the law permits the commitment to insane asylums and hospitals of persons whose insanity does not manifest itself In homicidal or other de­structive forms of mania, but who are in­capable of caring for themselves and their property or who are simply fit subjects for treatment in hospitals and other institutions specially designed for the care of such pa­tients. See, for example, Gen. St. Kan. 1901, §6570.
To constitute Insanity such as will author­ize the appointment of a guardian or con­servator for the patient, there must be such a deprivation of reason and judgment as to render him incapable of understanding and acting with discretion in the ordinary affairs of life; a want of sufficient mental capacity to transact ordinary business and to take care of and manage his property and affairs. See Snyder v. Snyder, 142 111. 60, 31 N. E. 303; In re Wetmore's Guardianship, 6 Wash. 271, 33 Pac. 615.
Insanity as a plea or proceeding to avoid the effect of the statute of limitations meana


practically the same thing as in relation to the appointment of a guardian. On the one hand, it does not require a total deprivation of reason or absence of understanding. On the other hand, it does not include mere weakness of mind short of imbecility. It means such a degree of derangement as ren­ders the subject incapable of understanding the nature of the particular affair and his rights and remedies in regard to it and in­capable of taking discreet and intelligent ac­tion. See Burnham v. Mitchell, 34 Wis. 134. There are a few other legal rights or rela­tions into which the question of insanity en­ters, such as the capacity of a witness or of a voter; but they are governed by the same general principles. The test is capacity to understand and appreciate the nature of the particular act and* to exercise intelligence in its performance. A witness must understand the nature and purpose of an oath and have enough intelligence and memory to relate correctly the facts within his, knowledge. So a voter must understand the nature of the act to be performed and be able to make an intelligent choice of candidates. In either case, eccentricity, "crankiness," feeble-mind-edness not amounting to imbecility, or in­sane delusions which do not affect the matter tn hand, do not disqualify. See District of Columbia v. Armes, 107 U. S. 521, 2 Sup. Ct. 840, 27 L. Ed. 61S; Clark v. Robinson, 88 111. 502.
Insanus est qui, abjecta ratione, omnia cum imp eta et furore facit. He is insane who, reason being thrown away, does every­thing with violence and rage. 4 Coke, 128.
JNSCRIBERE. Lat. In the civil law. To subscribe an accusation. To bind one's self, in case of failure to prove an accusation, to suffer the same punishment which the ac­cused would have suffered had he been proved guilty. Calvin.
INSCRIPTIO. Lat. In the civil law. A written accusation in which the accuser un­dertakes to suffer the punishment appropri­ate to the offense charged, if the accused is able to clear himself of the accusation. Cal­vin ; Cod. 9, 1, 10; Id. 9, 2, 16, 17.
INSCRIPTION. In evidence. Anything written or engraved upon a metallic or other solid substance, intended for great durabili­ty; as upon a tombstone, pillar, tablet, medal, ring, etc.
In modern civil law. The entry of a mortgage, lien, or other document at large in a book of public records; corresponding to "recording" or "registration."
INSCRIPTIONES. The name given by the old English law to any written instru­ment by which anything was granted. Blount.
INSENSIBLE. In pleading. Unintel­ligible; without sense or meaning, from the omission of material* words, etc. Steph. PL 377. See Union °^wer Pipe Co. v. Olson, 82 Minn. 187, 84 N. W. 756.
INSETENA. In old records. An inditch ; an interior ditch; one made within another, for greater security. Spelman.
INSEDIATORES VIARUM. Lat. High­waymen ; persons who lie in wait in order to commit some felony or other misdemeanor.
INSIGNIA. Ensigns or arms; distinctive marks; badges; indicia; characteristics.
INSILIARIUS. An evil counsellor. Cow-ell.
INSILIUM. Evil advice or counsel. Cowell.
INSIMUL. Lat Together; jointly. Townsh. PI. 44.
—Insimul compntassent. They accounted together. The name of the count in assumpsit upon an account stated; it being averred that the parties had settled their accounts together, and defendant engaged to pay plaintiff the bal­ance. Fraley v. Bispham, 10 Pa. 325, 51 Am. Dec. 486; Loventhal v. Morris, 103 Ala. 332, 15 South. 672.—InsimiQ tennit. One species of the writ of formedon brought against a stranger by a coparcener on the possession of the ances­tor, etc. Jacob.
INSINUACION. In Spanish law. The presentation of a public document to a com­petent judge, in order to obtain his approba­tion and sanction of the same, and thereby give it judicial authenticity. Escriche.
INSINTJARE. Lat In the civil law. To put into; to deposit a writing in court, answering nearly to the modern expression "to file." Si non mandatum actis insin-uatum est, if the power or authority be not deposited among the records of the court. Inst. 4, 11, 3.
To declare or acknowledge before a judi­cial officer; to give an act an official form.
INSINTTATIO. Lat In old Englisli law. Information or suggestion. Ex insinuations on the information. Reg. Jud. 25, 50.
INSINUATION. In the civil law. The transcription of an act on the public regis­ters like our recording of deeds. It was not necessary in any other alienation but that appropriated to the purpose of donation. Inst. 2, 7, 2.
—Insinuation of a will. In the civil law. The first production of a will, or the leaving it with the registrar, in order to its probate. Cow­ell ; Blount.
INSOLATION. In medical jurispru­dence. Sunstroke or heat-stroke: heat pros­tration


INSOLVENCY. The condition of a per­son who is insolvent; inability to• pay one's debts; lack of means to pay one's debts. Such a relative condition of a man's assets and liabilities that the former, if all made immediately available, would not be suffi­cient to discharge the latter. Or the condi­tion of a person who is unable to pay his debts as they fall due, or in the usual course of trade and business. See Dewey v. St Albans Trust Co., 56 Vt. 475, 48 Am. Rep. 803; Toof v. Martin, 13 Wall. 47, 20 L. Ed. 481; Miller v. Southern Land & Lumber Co., 53 S. C. 364, 31 S. E. 281; Leitch v. Hollis-ter, 4 N. Y. 215; Silver Valley Mining Co. v. North Carolina Smelting Co., 119 N. C. 417, 25 S. E. 954; French v. Andrews, 81 Hun, 272, 30 N. Y. Supp. 796; Appeal of Bowersox, 100 Pa. 438, 45 Am. Rep. 387; Van Riper v. Poppenhausen, 43 N. Y. 75; Phipps v. Harding, 70 Fed. 470, 17 C. C. A. 203, 30 L. R, A. 513; Shone v. Lucas, 3 Dowl. & R. 218; Herrick v. Borst, 4 Hill (N. Y.) 652; Atwater v. American Exch. Nat. Bank, 152 111. 605, 38 N. E. 1017; Rug-gles v. Cannedy, 127 Cal. 290, 53 Pac. 916, 46 L. R. A. 371.
As to the distinction between bankruptcy and insolvency, see Bankruptcy.
—Insolvency fund. In English law. A fund, consisting of moneys and securities, which, at the time of the passing of the bankruptcy act, 1861, stood, in the Bank of England, to the credit of the commissioners of the insolvent debtors' court, and was, by the twenty-sixth section of that act, directed to be carried by the bank to the account of the accountant in bank­ruptcy. Provision has now been made for its transfer to the commissioners for the reduction of the national debt. Robs. Bankr. 20, 56.— Open Insolvency. The condition of one who has no property, within the reach of the law, applicable to the payment of any debt. Har-desty v. Kinworthy, 8 Blackf. (Ind.) 305; Som-erby v. Brown, 73 Ind. 356.
INSOLVENT. One who cannot or does not pay; one who is unable to pay his debts; one who is not solvent; one who has not means or property sufficient to pay his debts. See Insolvency.
—Insolvent law. A term applied to a law, usually of one of the states, regulating the set­tlement of insolvent estates, and according a certain measure of relief to insolvent debtors. Cook v. Rogers, 31 Mich. 396; Adams v. Storey,
1 Fed. Cas. 141; Vanuxem v. Hazelhursts, 4
N. J. Law, 195, 7 Am. Dec. 582.
INSPECTATOR. A prosecutor or adver­sary.
INSPECTION. The examination or test­ing of food, fluids, or other articles made subject by law to such examination, to as­certain their fitness for use or commerce. People v. Compagnie Generale Transatlan-tique (C. C.) 10 Fed. 361; Id., 107 U. S. 59,
2 Sup. Ct. 87, 27 L. Ed. 383; Turner v.
Maryland, 107 U. S. 38, 2 Sup. Ct. 44, 27
L. Ed. 370.
Also the examination by a private person
of public records and documents; or of the books and papers of his opponent in an ac­tion, for the purpose of better preparing his own case for trial.
—Inspection laws. Laws authorizing and directing the inspection and examination of various kinds of merchandise intended for sale, especially food, with a view to ascertaining its fitness for use, and excluding unwholesome or unmarketable goods from sale, and directing the appointment of official inspectors for that purpose. See Const. U. S. art. 1, § 10, cl. 2; Story, Const. § 1017, et seq. Gibbons v. Og-den, 9 Wheat. 202, 6 L. Ed. 23; Clintsman v. Northrop, 8 Cow. (N. Y.) 45; Patapsco Guano Co. v. Board of Agriculture, 171 U. S. 345, 18 Sup. Ct. 862, 41 L. Ed. 191; Turner v. State, 55 Md. 263.—Inspection of docu­ments. This phrase refers to the right of a party, in a civil action, to inspect and make copies of documents which are essential or material to the maintenance of his cause, and which are either in the custody of an officer of the law or in the possession of the adverse party.—Inspection, trial by. A mode of trial formerly in use in England, by which the judges of a court decided a point in dispute, upon the testimony of their own senses, with­out the intervention of a jury. This took place in cases where the fact upon which issue was taken must, from its nature, be evident to the court from ocular demonstration, or other ir­refragable proof; and was adopted for the greater expedition of a cause. 3 Bl. Oomm. 331.
INSPECTORS. Officers whose duty it is to examine the quality of certain articles of merchandise, food, weights and measures, eta
INSPECTORSHIP, DEED OF. In Eng­lish law. An instrument entered into be­tween an insolvent debtor and his creditors, appointing one or more persons to inspect and oversee the winding up of such insolv­ent's affairs on behalf of the creditors.
INSPEXIMUS. Lat. In old English law. We have inspected. An exemplification of letters patent, so called from the emphatic word of the old forms. 5 Coke, 536.
INSTALLATION. The ceremony of in­ducting or investing with any charge, office. or rank, as the placing a bishop into his see, a dean or prebendary into his stall or seat, or a knight into his order. Wharton.
INSTALLMENTS. Different portions of the same debt payable at different succes­sive periods as agreed. Brown.
INSTANCE. In pleading and prac­tice. Solicitation, properly of an earnest or urgent kind. An act is often said to be done at a party's "special instance and re­quest."
In the civil and French law. A gen­eral term, designating all sorts of actions and judicial demands. Dig. 44, 7, 58.
In ecclesiastical law. Causes of it* stance are those proceeded in at the solicita­tion of some party, as opposed to causes of


office, which run in the name of the judge. Hallifax, Cavil Law, p. 156.
In Scotch law. That which may be in­sisted on at one diet or course of probation. Wharton.
—Instance court. In English law. That division or department of the court of admir­alty which exercises all the ordinary admiralty jurisdiction, with the single exception of prize cases, the latter belonging to the branch called the "Prize Court." The term is sometimes used in American law for purposes of explanation, but has no proper application to admiralty courts in the United States, where the powers of both instance and prize courts are conferred without any distinction. 3 Kent, Comm. 355, 378; The Betsey, 3 Dall. 6, 1 L. Ed. 485; The Emulous, 1 Gall. 563, Fed. Cas. No. 4,479.
INSTANCIA. In Spanish law. The In­stitution and prosecution of a suit from its commencement until definitive judgment. The first instance, "primera instancia," is the prosecution of the suit before the judge competent to take cognizance of it at its in­ception; the second Instance, "secunda in­stancia" is the exercise of the same action before the court of appellate jurisdiction; and the third instance, "tercera instancia" is the prosecution of the same suit, either by an application of revision before the ap­pellate tribunal that has already decided the cause, or before some higher tribunal, hav­ing jurisdiction of the same. Escriche.
INSTANTANEOUS. An "instantane­ous" crime is one which is fully consummat­ed or completed In and by a single act (such as arson or murder) as distinguished from one which involves a series or repetition of acts. See U. S. v. Owen (D. C.) 32 Fed. 537.
INSTANTER. Immediately; instantly; forthwith; without delay. Trial instanter was had where a prisoner between attainder and execution pleaded that he was not the same who was attainted.
When a party is ordered to plead instan­ter, he must plead the same day. The term is usually understood to mean within twen­ty-four hours. Rex v. Johnson, 6 East, 583; Smith v. Little, 53 III. App. 160; State v. Clevenger, 20 Mo. App. 627; Fentress v. State, 16 Tex. App. 83; Champlin v. Champ-lin, 2 Edw. Ch. (N. Y.) 329.
INSTAR. Lai Likeness; the likeness, size, or equivalent of a thing. Instar den-Hum, like teeth. 2 Bl. Comm. 295. Instar omnium, equivalent or tantamount to alL Id. 146; 3 Bl. Comm. 231.
INSTAURUM. In old English deeds. A stock or store of cattle, and other things; the whole stock upon a farm, including cat­tle, wagons, plows, and all other implements of husbandry. 1 Mon. Angl. 5486; Fleta, lib. 2, c. 72, { 7. Terra instaurata, land ready stocked.
INSTIGATION. Incitation; urging; so­licitation. The act by which one incites an­other to do something, as to commit somt crime or to commence a suit. State v. Frak-er, 148 Mo. 143, 49 S. W. 1017.
INSTIRPARE. To plant or establish.
INSTITOR. Lat. In the civil law. A clerk in a store; an agent.
INSTITORIA ACTIO. Lat. In the civil law. The name of an action given to those who had contracted with an institor (q. v.) to compel the principal to perform­ance. Inst 4, 7, 2; Dig. 14, 3, 1; Story, Ag. § 426.
INSTITORIAL POWER. The charge given to a clerk to manage a shop or store. 1 Bell, Comm. 506, 507.
INSTITUTE, v. To inaugurate or com­mence; as to institute an action. Com. v. Duane, 1 Binn. (Pa.) 608, 2 Am. Dec. 497; Franks v. Chapman, 61 Tex. 580; Post v. U. S., 161 U. S. 583, 16 Sup. a. 611, 40 L. Ed. 816.
To nominate, constitute, or appoint; as to institute an heir by testament. Dig. 28, 5, 65.
INSTITUTE, n. In the civil law. A
person named in the will as heir, but with a direction that he shall pass over the estate to another designated person, called the "substitute."
In Scotch law. The person to whom an estate is first given by destination or limita­tion ; the others, or the heirs of tailzie, are called "substitutes."
INSTITUTES. A name sometimes given to text-books containing the elementary prin­ciples of jurisprudence, arranged in an or­derly and systematic manner. For example, the Institutes of Justinian, of Gaius, of Lord Coke.
—Institutes of Gains. An elementary work of the Roman jurist Gaius; important as hav­ing formed the foundation of the Institutes of Justinian, (q. v.) These Institutes were dis­covered by Niebuhr in 1816, in a codex rescrip-tu» of the library of the cathedral chapter at Verona, and were first published at Berlin in 1820. Two editions have since appeared. Mackeld. Rom. Law, § 54.—Institutes of Justinian. One of the four component parts or principal divisions of the Corpus Juris Civ-ilis, being an elementary treatise on the Roman law, in four books. This work was compiled from earlier sources, (resting principally on the Institutes of Gaius,) by a commission compos­ed of Tribonian and two others, by command and under direction of the emperor Justinian, and was first published November 21, A. D. 533—Institutes of Lord Coke. The name of four volumes by Lord Coke, published A. D. 1628. The first is an extensive comment upon a treatise on tenures, compiled by Littleton, a judge of the common pleas, temp. Edward IV. This comment is a rich mine of valuable common-law learning, collected and heaped to-


gether from the ancient reports and Year Books, but greatly defective in method. It is usually cited by the name of "Co. Litt.," or as "1 Inst." The second volume is a comment up­on old acts of parliament, without systematic order; the third a more methodical treatise on the pleas of the crown; and the fourth an ac­count of the several species of courts. These are cited as 2, 3, or 4 "Inst.," without any au­thor's name. Wharton.
INSTITUTIO BLZEREDIS. Lat In Ro­man law. The appointment of the hceres in the will. It corresponds very nearly to the nomination of an executor in English law. Without such an appointment the will was void at law, but the prcetor (i. e., equity) would, under certain circumstances, carry out the intentions of the testator. Brown.
INSTITUTION. The commencement or inauguration of anything. The first estab­lishment of a law, rule, rite, etc. Any cus­tom, system, organization, etc., firmly estab­lished. An elementary rule or principle.
In practice. The commencement of an action or prosecution; as, A. B. has institut­ed a suit against C. D. to recover damages for trespass.
In. political law. A law, rite, or cere­mony enjoined by authority as a permanent rule of conduct or of government Webster.
A system or body of usages, laws, or regu­lations, of extensive and recurring opera­tion, containing within itself an organism by which it effects its own independent action, continuance, and generally its own further development. Its object is to generate, ef­fect, regulate, or sanction a succession of acts, transactions, or productions of a pecu­liar kind or class. We are likewise in the habit of calling single laws or usages "in­stitutions," if their operation is of vital im­portance and vast scope, and if their con­tinuance is in a high degree independent of any interfering power. Lieb. Civil Lib. 300.
In corporation law. An organization or foundation, for the exercise of some public purpose or function; as an asylum or a uni­versity. By the term "institution" in this sense is to be understood an establishment or organization which is permanent in its nature, as distinguished from an enterprise or undertaking which is transient and tem­porary. Humphries y. Little Sisters of the Poor, 29 Ohio St. 206; Indianapolis v. Stur-devant, 24 Ind. 391.
In ecclesiastical law. A kind of inves­titure of the spiritual part of the benefice, as induction is of the temporal; for by institu­tion the care of the souls of the parish is committed to the charge of the clerk. Brown.
In the civil law. The designation by a testator of a person to be his heir.
In jurisprudence. The plural form of this word ("institutions") is sometimes used as the equivalent of "institutes," to denote an elementary text-book of the law.
INSTITUTIONS. Lat Works contain­ing the elements of any science; institutions or institutes. One of Justinian's principal law collections, and a similar work of the Roman jurist Gaius, are so entitled. See In­stitutes.
INSTRUCT. To convey information as a client to an attorney, or as an attorney to a counsel; to authorize one to appear as ad­vocate ; to give a case in charge to the jury.
INSTRUCTION. In French criminal law. The first process of a criminal prosecu­tion. It includes the examination of the ac­cused, the preliminary interrogation of wit­nesses, collateral investigations, the gather­ing of evidence, the reduction of the whole to order, and the preparation of a document containing a detailed statement of the case, to serve as a brief for the prosecuting offi­cers, and to furnish material for the indict­ment
—Juges d'instruction. In French law. Officers subject to the procureur imperial or g6n4ral, who receive in cases of criminal of­fenses the complaints of the parties injured, and who summon and examine witnesses upon oath, and, after communication with the pro­cureur imperial, draw up the forms of accusa­tion. They have also the nght, subject to the approval of the same superior officer, to admit the accused to bail. They are appointed for three years, but are re-eligible for a further period of office. They are usually chosen from among the regular judges. Brown.
In common law. Order given by a prin­cipal to his agent in relation to the business of his agency.
In practice. A detailed statement of the facts and circumstances constituting a cause of action made by a client to his attorney for the purpose of enabling the latter to draw a proper declaration or procure it to be done by a pleader.
In trial practice. A direction given by the judge to the jury concerning the law of the case; a statement made by the judge to the jury informing them of the law ap­plicable to the case in general or some aspect of it; an exposition of the rules or principles of law applicable to the case or some branch or phase of it which the jury are bound to accept and apply. Lehman v. Hawks, 121 Ind. 541, 23 N. E. 670; Boggs v. U. S., 10 Okl. 424, 63 Pac 969; Lawler v. McPheeters, 73 Ind. 579.
—Peremptory instruction. An instruction given by a court to a jury which the latter must obey implicitly; as an instruction to re­turn a verdict for the defendant, or for the plaintiff, as the case may be.
INSTRUMENT. A written document; a formal or legal document in writing, such as a contract, deed, will, bond, or lease. State v. Phillips, 157 Ind. 481, 62 N. E. 12; Cardenas v. Miller, 108 Cal. 250, 39 Pac. 783, 49 Am. St Rep. 84; Benson v. McMahon, 127 U. S. 457, 8 Sup. Ct 1240, 32 L. Ed. 234:


Abbott T. Campbell, 69 Neb. 371, 95 N. W. 692.
In the law of evidence. Anything which may be presented as evidence to the senses of the adjudicating tribunal. The term "in­struments of evidence" includes not merely documents, but witnesses and living things which may be presented for inspection. 1 Whart Ev. § 615.
—Instrument of appeal. The document by which an appeal is brought in an English mat­rimonial cause from the president of the pro­bate, divorce, and admiralty division to the full court. It is analogous to a petition. Browne, Div. 322.—Instrument of evidence. Instruments of evidence are the media through which the evidence of facts, either disputed or required to be proved, is conveyed to the mind of a judicial tribunal; and they comprise persons, as well as writings. Best, Ev. § 123. —Instrument of saisine. An instrument in Scotland by which the delivery of "saisine" (i. e., seisin, or the feudal possession of land) is attested. It is subscribed by a notary, in the presence of witnesses, and is executed in pursuance of a "precept of saisine," whereby the "grantor of the deed" desires "any notary public to whom these presents may be present­ed" to give saisine to the intended grantee or grantees. It must be entered and recorded in the registers of saisines. Mozley & Whitley.
INSTRUMENTS Lat That kind of evidence which consists of writings not under seal; as court-rolls, accounts, and the like. 3 Co. Litt 487.
INSUCKEN MULTURES. A quantity of corn paid by those who are thirled to a mill. See Thiblage.
INSUFFICIENCY. In equity pleading. The legal inadequacy of an answer in equity which does not fully and specifically reply to some one or more of the material allega­tions, charges, or interrogatories set forth In the bill. White v. Joy, 13 N. Y. 89; Houghton v. Townsend, 8 How. Prac. (N. Y.) 446; Hill v. Fair Haven & W. R. Co., 75 Conn. 177, 52 Atl. 725.
INSULA. Lat. An island; a house not connected with other houses, but separated by a surrounding space of ground. Calvin.
INSUPER. Lat Moreover; over and above.
An old exchequer term, applied to a charge made upon a person in his account. Blount.
INSURABLE INTEREST. Such a real and substantial interest in specific property as will sustain a contract to indemnify the person interested against its loss. Mutual F. Ins. Co. v. Wagner (Pa.) 7 Atl. 104; In­surance Co. v. Brooks, 131 Ala. 614, 30 South. 876; Berry v. Insurance Co., 132 N. Y. 49, 30 N. E. 254, 28 Am. St Rep. 548; Strong v. Insurance Co., 10 Pick. (Mass.) 43, 20 Am. Dec. 507; Insurance Co. v. Winsmore, 124 Pa. 61, 16 Atl. 516. If the assured had no Bl.Law Dict.(2d Ed.)—41
real interest the contract would be a mere wager policy.
Every interest in property, or any relation thereto, or liability in respect thereof, of such a nature that a contemplated peril might directly damnify the insured, is an in­surable interest Civil Code, Cal. § 2546.
In the case of life insurance, a reasonable expectation of pecuniary benefit from the continued life of another; a reasonable ground, founded upon the relation of the parties to each other, either pecuniary or of blood or affinity, to expect some benefit or advantage from the continuance of the life of the assured. Insurance Co. v. Schaefer, 94 U. S. 460, 24 L. Ed. 251; Warnock v. Davis, 104 U. S. 779, 26 L. Ed. 924; Rombach v. Insurance Co., 35 La. Ann. 234, 48 Am. Rep. 239.
INSURANCE. A contract whereby, foi a stipulated consideration, one party under­takes to compensate the other for loss on a specified subject by specified perils. The par­ty agreeing to make the compensation is usually called the "insurer" or "underwrit er;" the other, the "insured" or "assured;" the agreed consideration, the "premium;" the written contract a "policy;" the events insured against, "risks" or "perils;" and the subject, right, or interest to be protected, the "insurable interest." 1 Phil. Ins. §§ 1-5.
Insurance is a contract whereby one un­dertakes to indemnify another against loss, damage, or liability arising from an unknown or contingent event. Civil Code, Cal. § 2527; Civil Code Dak. § 1474. See People v. Rose, 174 111. 310, 51 N. E. 246, 44 L. R. A. 124; Barnes v. People 168 111. 425, 48 N. E. 91; Com. v. Wetherbee, 105 Mass. 160; State v. Vigilant Ins. Co., 30 Kan. 585, 2 Pac. 840; Com. v. Provident Bicycle Ass'n, 178 Pa. 636, 36 Atl. 197, 36 L\ R, A. 589; Com. v. Equitable Ben. Ass'n, 137 Pa. 412, 18 Atl. 1112; Tyler v. New Amsterdam F. Ins. Co., 4 Rob. (N. Y.) 155.
Classification.—Accident insurance is
that form of insurance which undertakes to in­demnify the assured against expense, loss of time, and suffering resulting from accidents causing him physical injury, usually by pay­ment at a fixed rate per week while the conse­quent disability lasts, and sometimes including the payment of a fixed sum to his heirs in case of his death by accident within the term of the policy. See Employers' Liability Assur. Corp. v. Merrill, 155 Mass. 404, 29 N. E. 529.— Burglary insurance. Insurance against loss of property by the depredations of burglars and thieves.—Casualty insurance. This term is generally used as equivalent to "accident" in­surance. See State v. Federal Inv. Co., 48 Minn. 110, 50 N. W. 1028. But in some states it means insurance against accidental injuries to property, as distinguished from accidents resulting in bodily injury or death. See Em­ployers' Liability Assur. Corp. v. Merrill, 155 Mass. 404, 29 N. E. 529.—Commercial in­surance is a term applied to indemnity agree­ments, in the form of insurance bonds or poli­cies, whereby parties to commercial contracts are to a designated extent guarantied against loss by reason of a breach of contractual obli-


gations on the part of the other contracting party; to this class belong policies of contract credit and title insurance. Cowles v. Guaranty Co., 32 Wash. 120, 72 Pac. 1032, 98 Am. St. Rep. 838.—Employer's liability insurance. In this form of insurance the risk insured against is the liability of the assured to make compensation or pay damages for an accident, injury, or death occurring to a servant or oth­er employe in the course of his employment, either at common law or under statutes impos­ing such liability on employers.—Fidelity in­surance is that form of insurance in which the insurer undertakes to guaranty the fidelity of an officer, agent, or employe1 of the assured, or rather to indemnify the latter for losses caused by dishonesty or a want of fidelity on the part of such a person. See People v. Rose, 174 111. 310, 51 N. E. 246, 44 L. R. A. 124.— Fire insurance. A contract of insurance by which the underwriter, in consideration of the premium, undertakes to indemnify the in­sured against all losses in his houses, buildings, furniture, ships in port, or merchandise, by means of accidental fire happening within a prescribed period. 3 Kent, Comm. 370; Mu­tual L. Ins. Co. v. Allen, 138 Mass. 27, 52 Am. Rep. 245; Durham v. Fire & Marine Ins. Co. (C. C.) 22 Fed. 470.—Fraternal insur­ance. The form of life or accident insur­ance furnished by a fraternal beneficial associa­tion, consisting in the undertaking to pay to a member, or his heirs in case of death, a stipu­lated sum of money, out of funds raised for that purpose by the payment of dues or assess­ments by all the members of the association.— Guaranty insurance is a contract whereby one, for a consideration, agrees to indemnify an­other against loss arising from the want of in­tegrity or fidelity of employes and persons hold­ing positions of trust, or embezzlements by them, or against the insolvency of debtors, losses in trade, loss by non-payment of notes, or against breaches of contract. See People v. Rose, 174 111. 310, 51 N. E. 246, 44 L E. A. 124; Cowles v. United States Fidelity & Guaranty Co., 32 Wash. 120, 72 Pac. 1032. —Life insurance. That kind of insurance in which the risk contemplated is the death of a particular person; upon which event (if it occurs within a prescribed term, or, according to the contract, whenever it occurs) the insurer engages to pay a stipulated sum to the legal representatives of such person, or to a third person having an insurable interest in the life of such person.—Live-stock insurance. In­surance upon the lives, health, and good condi­tion of domestic animals of the useful kinds, such as horses and cows.—Marine insurance. A contract whereby, for a consideration stipu­lated to be paid by one interested in a ship, freight, or cargo, subject to the risks of marine navigation, another undertakes to indemnify him against some or all of those risks during a certain period or voyage. 1 Phil. Ins. 1. A contract whereby one party, for a stipulated premium, undertakes to indemnify the other against certain perils or sea-risks to which his ship, freight, and cargo, or some of them, may be exposed during a certain voyage, or a fixed period of time. 3 Kent, Comm. 253. Marine insurance is an insurance against risks con­nected with navigation, to which a ship, car­go, freightage, profits, or other insurable inter­est in movable property may be exposed during a certain voyage or a fixed period of time. Civ. Code Cal. § 2655. A contract of marine insur­ance is one by which a person or corporation, for a stipulated premium, insures another against losses occurring by the casualties of the sea. Code Ga. 1882, § 2824.—Plate-glass insurance. Insurance against loss from the accidental breaking of plate-glass in windows, doors, show-cases, etc.—Steam boiler insur­ance. Insurance against the destruction of Eteam boilers by their explosion, sometimes in­cluding indemnity against injuries to other

Sroperty resulting from such explosion.—Title isurance. Insurance against loss or damage resulting from defects or failure of title to a particular parcel of realty, or from the enforce­ment of liens existing against it at the time of the insurance. This form of insurance is taken out by a purchaser of the property or one loan­ing money on mortgage, and is furnished by companies specially organized for the purpose, and which keep complete sets of abstracts or duplicates of the records, employ expert title-examiners, and prepare conveyances and trans­fers of all sorts. A "certificate of title" fur­nished by such a company is merely the for­mally expressed professional opinion of the company's examiner that the title is complete and perfect (or otherwise, as stated), and the company is liable only for a want of care, skill, or diligence on the part of its examiner; where­as an "insurance of title" warrants the valid­ity of the title in any and all events. It is not always easy to distinguish between such insur­ance and a "guaranty of title" given by such a company, except that in the former case the maximum limit of liability is fixed by the poli­cy, while in the latter cast the undertaking is to make good any and all loss resulting from defect or failure of the title.—Tornado insur­ance. Insurance against injuries to crops, timber, houses, farm buildings, and other prop­erty from the effects of tornadoes, hurricanes, and cyclones.
Other compound and descriptive terms. —Concurrent insurance. That which to any extent insures the same interest against the same casualty, at the same time, as the primary insurance, on such terms that the in­surers would bear proportionately the loss hap­pening within the provisions of both policies. Rubber Co. v. Assur. Co., 64 N. J. Law, 580, 46 Atl. 777; Corkery v. Insurance Co., 99 Iowa, 382, 68 N. W. 792; Coffee Co. v. Insur­ance Co., 110 Iowa, 423, 81 N. W. 707, 80 Am. St. Rep. 311.—Double insurance. See Double.—General and special insurance. In marine insurance a general insurance is effected when the perils insured against are such as the law would imply from the nature of the contract considered in itself and sup­posing none to be specified in the policy; in the case of special insurance, further perils (in addition to implied perils) are expressed in the policy. Vandenheuvel v. United Ins. Co., 2 Johns. Cas. (N. Y.) 127.—Insurance agent. An agent employed by an insurance company to solicit risks and effect insurances. Agents of insurance companies are called "general agents" when clothed with the general over­sight of the companies' business in a state or large section of country, and "local agents" when their functions are limited and confined to some particular locality. See McKinney v. Alton, 41 111. App. 512; State v. Accident Ass'n, 67 Wis. 624, 31 N. W. 229; Civ. Code Ga. 1895, § 2054.—Insurance broker. A broker through whose agency insurances are effected. 3 Kent, Comm. 260. See Broker. —Insurance commissioner. A public of­ficer in several of the states, whose duty is to supervise the business of insurance as con­ducted in the state by foreign and domestic companies, for the protection and benefit of policy-holders, and especially to issue licenses, make periodical examinations into the condi­tion of such companies, or receive, file, and publish periodical statements of their busi­ness as furnished by them.—Insurance com­pany. A corporation or association whose business is to make contracts of insurance. They are either mutual companies or stock companies. A "mutual" insurance company is one whose fund for the payment of losses con­sists not of capital subscribed or furnished by outside parties, but of premiums mutually contributed by the parties insured, or in oth­er words, one in which all persons insured


become members of the association and con­tribute either cash or assessable premium notes, or both, to a common fund, out of which each is entitled to indemnity in case of loss. My-gatt v. Insurance Co., 21 N. Y. 65; Insurance Co. v. Hoge, 21 How. 35, 16 L. Ed. 61; Given v. Rettew, 162 Pa. 638, 29 Atl. 703. A "stock" company is one organized according to the usual form of business corporations, having a capital stock divided into shares, which, with current income and accumulated surplus, con­stitutes the fund for the payment of losses, policy-holders paying fixed premium* and not being members of the association unless they also happen to be stockholders.—Insurance policy. See Policy.—Over-insurance. In­surance effected upon property, either in one or several companies, to an amount which, separately or in the aggregate, exceeds the ac­tual value of the property.—Reinsurance. Insurance of an insurer; a contract by which an insurer procures a third person (usually an­other insurance company) to insure him against loss or liability by reason of the original in­surance. Civ. Code Cal. § 2646; Insurance Co. v. Insurance Co., 38 Ohio St. 15, 43 Am. Rep. 413.
INSURE. To engage to indemnify a per­son against pecuniary loss from specified per­ils. To act as an insurer.
INSURED. The person who obtains in­surance on his property, or upon whose life an insurance is effected,
INSURER. The underwriter or insurance company with whom a contract of insurance is made.
The person who undertakes to indemnify another by a contract of insurance is called the "insurer," and the person indemnified is called the "insured." Civil Code Cal. § 2538.
INSURGENT. One who participates in an insurrection; one who opposes the execu­tion of law by force of arms, or who rises in revolt against the constituted authorities.
A distinction is often taken between "insur­gent" and "rebel," in this: that the former term is not necessarily to be taken in a bad sense, inasmuch as an insurrection, though extralegal, may be just and timely in itself; as where it is undertaken for the overthrow of tyranny or the reform of gross abuses. Ac­cording to Webster, an insurrection is an in­cipient or early stage of a rebellion.
INSURRECTION. A rebellion, or ris­ing of citizens or subjects in resistance to their government See Insurgent.
Insurrection shall consist in any combined resistance to the lawful authority of the state, with intent to the denial thereof, when the same is manifested, or intended to be manifested, by acts of violence. Code Ga. 1882, § 4315. And see Allegheny County v. Gibson, 90 Pa. 417, 35 Am. Rep. 670; Boon v. ^tna Ins. Co., 40 Conn. 584; In re Charge to Grand Jury (D. C.) 62 Fed. 830.
INTAKERS. In old English law. A kind of thieves inhabiting Redesdale, on the extreme northern border of England; so called because they took in or received such booties of cattle and other things as their
accomplices, who were called "outparters," brought in to them from the borders of Scot­land. Spelman; Cowell.
INTAKES. Temporary inclosures made by customary tenants of a manor under a special custom authorizing them to inclose part of the waste until one or more crops have been raised on it. Elton, Common, 277.
INTANGIBLE PROPERTY. Used chief­ly in the law of taxation, this term means such property as has no intrinsic and mar­ketable value, but is merely the representa­tive or evidence of value, such as certificates of stock, bonds, promissory notes, and tran-chises. See Western Union Tel. Co. v. Nor­man (C. d) 77 Fed. 26.
INTEGER. Lat Whole; untouched. Res Integra means a question which is new and undecided. 2 Kent, Comm. 177.
INTEGRITY. As occasionally used in statutes prescribing the qualifications of pub­lic officers, trustees, etc., this term means soundness of moral principle and character, as shown by one person dealing with others in the making and performance of contracts, and fidelity and honesty in the discharge of trusts; it is synonymous with "probity," "honesty," and "uprightness." In re Bau-quier's Estate, 88 Cal. 302, 26 Pac. 178; In re Gordon's Estate, 142 Cal. 125, 75 Pac. 672.
INTELLIGIBILITY. In pleading. The statement of matters of fact directly (ex­cluding the necessity of inference or argu­ment to arrive at the meaning) and in such appropriate terms, so arranged, as to be com­prehensible by a person of common or ordi­nary understanding. See Merrill v. Everett, 38 Conn. 48; Davis v. Trump, 43 W. Va. 191, 27 S. E. 397, 64 Am. St. Rep. 849; Jen­nings v. State, 7 Tex. App. 358; Ash v. Pur-nell (Com. PI.) 11 N. Y. Supp. 54.
INTEMPERANCE. Habitual intemper­ance is that degree of intemperance from the use of intoxicating drinks which dis­qualifies the person a great portion of the time from properly attending to business, or which would reasonably inflict a course of great mental anguish upon an innocent party. Civ. Code Cal. § 106. And see Mowry v. Home L. Ins. Co., 9 R. I. 355; Zeigler v. Com. (Pa.) 14 Atl. 238; Tatum v. State, 63 Ala. 149; Elkins v. Buschner (Pa.) 16 Atl. 104.
INTEND. To design, resolve, purpose. To apply a rule of law in the nature of pre­sumption; to discern and follow the proba­bilities of like cases.
INTENDANT. One who has the charge, management, or direction of some office, de­partment, or public business.
Used in the constitutional and statutory law of some European governments to desig­nate a principal officer of state correspond-


ing to the cabinet ministers or secretaries of the various departments of the United States government, as, "intendant of ma­rine," "intendant of finance."
The term was also used in Alabama to des­ignate the chief executive officer of a city or town, having practically the same duties and functions as a mayor. See Const. AJa. 1901, $ 176; Intendant and Council of Greensboro v. Mullins, 13 Ala. 341.
INTENDED TO BE RECORDED. This phrase is frequently used in conveyances, when reciting some other conveyance which has not yet been recorded, but which forms a link in the chain of title. In Pennsylvania, it has been construed to be a covenant, on the part of the grantor, to procure the deed to be recorded in a reasonable time. Penn v. Preston, 2 Rawle (Pa.) 14.
INTENDENTE. In Spanish law. The immediate agent of the minister of finance, or the chief and principal director of the dif­ferent branches of the revenue, appointed in the various departments in each of the prov­inces into which the Spanish monarchy is di­vided. Escricha
INTENDMENT OF LAW. The true meaning, the correct understanding or inten­tion of the law;' a presumption or inference made by the courts. Co. Litt. 78.
—Common intendment. The natural and usual sense; the common meaning or under­standing; the plain meaning of any writing as apparent on its face without straining or distorting the construction.
INTENT. 1. In criminal law and the law
of evidence. Purpose; formulated design; a resolve to do or forbear a particular act; aim; determination. In its literal sense, the stretching of the mind or will towards a particular object.
"Intent" expresses mental action at its most advanced point, or as it actually accompanies an outward, corporal act which has been de­termined on. Intent shows the presence of will in the act which consummates a crime. It is the exercise of intelligent will, the mind be­ing fully aware of the nature and consequences of the act which is about to be done, and with such knowledge, and with full liberty of action, willing and electing to do it. Burrill, Circ Bv. 284, and notes.
—General intent. An intention, purpose, or design, either without specific plan or particu­lar object, or without reference to such plan or object.
2. Meaning; purpose; signification; in­tendment; applied to words or language. See Certainty.
—Common intent. The natural sense given to words.
INTENTIO. Lat In the civil law.
The formal complaint or claim of a plaintiff before the praetor.
In old English, law. A count or declara­tion in a real action, (narratio.) Bract, lib. 4, tr. 2, c. 2; Fleta, lib. 4, c 7; Du Cange.
Intentio caeca mala. A blind or obscure meaning is bad or ineffectual. 2 Bulst 179, Said of a testator's intention.
Intentio inservire debet legibus, son leges intention!. The intention |pf a par­ty] ought to be subservient to [or in accord­ance with] the laws, not the laws to the in­tention. Co. Litt. 314a, 3146.
Intentio mea imponit nomen operi meo. Hob. 123. My intent gives a name to my act.
INTENTION. Meaning; will; purpose; design. "The intention of the testator, to be collected from the whole will, is to gov­ern, provided it be not unlawful or inconsist­ent with the rules of law." 4 Kent, Comm. 534.
"Intention," when used with reference to the construction of wills and other documents, means the sense and meaning of it, as gathered from the words used therein. Parol evidence is not ordinarily admissible to explain this. When used with reference to civil and criminal responsibility, a person who contemplates any result, as not unlikely to follow from a de­liberate act of his own, may be said to intend that result, whether he desire it or not. Thus, if a man should, for a wager, discharge a gun among a multitude of people, and any should, be killed, he would be deemed guilty of in­tending the death of such person; for every man is presumed to intend the natural conse­quence of his own actions. Intention is often confounded with motive, as when we speak^ of a man's "good intentions." Mozley & Whitley.
INTENTIONE. A writ that lay against him who entered into lands after the death of a tenant in dower, or for life, etc., and held out to him in reversion or remainder. Fitzh. Nat. Brev. 203.
INTER. Lat. Among; between.
INTER ALIA. Among other things. A term anciently used in pleading, especially in reciting statutes, where the whole statute was not set forth at length. Inter alia enactatum fuit, among other things it was enacted. See Plowd. 65.
Inter alias cansas acquisition!*, mag­na, Celebris, et famosa est causa dona-tionis. Among other methods of acquiring property, a great, much-used, and celebrated method is that of gift Bract, fol. 11.
INTER ALIOS. Between other persons; between those who are strangers to a matter in question.
INTER APICES JURIS. Among the subtleties of the law. See Apex Jueis.
INTER BRACHIA. Between her arms. Fleta, lib. 1, c. 35, §§ 1, 2.
INTER CiETEROS. Among others; in a general clause; not by name, (normnatim.)


A term applied in the civil law to clauses of disinheritance In a will. Inst. 2, 13, 1; Id. 2, 13, 3.
INTER CANEM ET LUPUM. (Lat. Be­tween the dog and the wolf.) The twilight; because then the dog seeks his rest, and the wolf his prey. 3 Inst 63.
INTER CONJUGES. Between husband and wife.
Between conjunct persons. By the act 1621, c. 18, all conveyances or alienations between conjunct persons, unless granted for oner­ous causes, are declared, as in a question with creditor's, to be null and of no avail. Conjunct persons are those standing in a certain degree of relationship to each other; such, for example, as brothers, sisters, sons, uncles, etc. These were formerly excluded as witnesses, on account of their relation--ship; but this, as a ground of exclusion, has been abolished. Tray. Lat Max.
INTER FAUCES TERRJE. (Between the jaws of the land.) A term used to de­scribe a roadstead or arm of the sea en­closed between promontories or projecting headlands.
INTER PARES. Between peers; be­tween those who stand on a level or equality, as respects diligence, opportunity, respon­sibility, etc.
INTER PARTES. Between parties. In­struments in which two persons unite, each making conveyance to, or engagement with, the other, are called "papers inter partes." Smith v. Emery, 12 N. J. Law, 60.
INTER QUATUOR PARIETES. Be­tween four walls. Fleta, lib. 6, c. 55, § 4.
INTER REGALIA. In English law. Among the things belonging to the sovereign. Among these are rights of salmon fishing, mines of gold and silver, forests, forfeitures, casualties of superiority, etc., which are called "regalia minora," and may be con­veyed to a subject The regalia majora in­clude the several branches of the royal pre­rogative, wliich are inseparable from the person of the sovereign. Tray. Lat. Max.
INTER RUSTICOS. Among the illit­erate or unlearned.
INTER SE, INTER SESE. Among them­selves. Story, Partn. § 405.
INTER VIRUM ET UXOREM. Be­tween husband and wife.
INTER VIVOS. Between the living; from one living person to another. Where
property passes by conveyance, the transac­tion is said to be inter vivos, to distinguish it from a case of succession or devise. So an ordinary gift from one person to another Is called a "gift inter vivos," to distinguish it from a donation made in contemplation of death, (mortis causa.)
INTERCALARE. Lat. In the civil law. To introduce or insert among or between others; to introduce a day or month into the calendar; to intercalate. Dig. 50, 16, 98, pr.
INTERCEDERE. Lat In the civil law. To become bound for another's debt
INTERCHANGEABLY. By way of ex­change or interchange. This term prop­erly denotes the method of signing deeds, leases, contracts, etc., executed in duplicate, where each party signs the copy which he delivers to the other. Roosevelt v. Smith, 17 Misc. Rep. 323, 40 N. Y. Supp. 381
INTERCOMMON. To enjoy a common mutually or promiscuously with the inhab­itants or tenants of a contiguous township, vill, or manor. 2 Bl. Comm. 33; 1 Crabb, Real Prop. p. 271, § 290.
INTERCOMMUNING. Letters of inter-communing were letters from the Scotch privy council passing (on their act) in the king's name, charging the lieges not to reset, supply, or intercommune with the persons thereby denounced; or to furnish them with meat, drink, house, harbor, or any other thing useful or comfortable; or to have any inter­course with them whatever,—under pain of being reputed art and part in their crimes, and dealt with accordingly; and desiring all sheriffs, bailies, etc., to apprehend and com­mit such rebels to prison. Bell.
INTERCOURSE. Communication; lit­erally, a running or passing oetween persons or places; commerce. As applied to two persons, the word standing alone, and with­out a descriptive or qualifying word, does not import sexual connection. People v. Howard, 143 Cal. 316, 76 Pac. 1116.
INTERDICT. In Roman law. A de­cree of the praetor by means of which, in cer­tain cases determined by the edict, he him­self directly commanded what should be done or omitted, particularly in causes involving the right of possession or a quasi possession. In the modern civil law, interdicts are re­garded precisely the same as actions, though they give rise to a summary proceeding. Mackeld. Rom. Law, § 258.
Interdicts are either prohibitory, restora­tive, or exhibitory; the first being a prohibi­tion, the second a decree for restoring pos­session lost by force, the third a decree for


the exhibiting of accounts, etc Heineq. i 1206.
An interdict was distinguished from an "ac­tion," (actio,) properly so called, by the cir­cumstance that the praetor himself decided in the first instance, (prtncipaliter,) on the appli­cation of the plaintiff, without previously ap­pointing a judex, by issuing a decree command­ing what should be done, or left undone. Gaius, 4, 139. It might be adopted as a remedy in various cases where a regular action could not be maintained, and hence interdicts were at one time more extensively used by the praetor than the acUones themselves. Afterwards, however, they fell into disuse, and in the time of Justin­ian were generally dispensed with. Mackeld. Rom. Law, § 25S; Inst. 4, 15, 8.
In ecclesiastical law. An ecclesiastical censure, by which divine services are pro­hibited to be administered either to particu­lar persons or in particular places.
In Scotch law. An order of the court of session or of an inferior court, pro­nounced on cause shown, for stopping any act or proceedings complained of as Illegal or * wrongful. It may be resorted to as a remedy against any encroachment either on property or possession, and is a protection against any unlawful proceeding. Bell.
INTERDICTION. In French law.
Every person who, on account of insanity, has become incapable of controlling his own Interests, can be put under the control of a guardian, who shall administer his affairs with the same effect as he might himself. Such a person is said to be "interdit," and his status is described as "interdiction." Arg. Fr. Merc. Law, 562.
In the civil law. A judicial decree, by which a person is deprived of the exercise of his civil rights.
In international law. An "interdiction of commercial intercourse" between two countries is a governmental prohibition of commercial intercourse, intended to bring about an entire cessation for the time being of all trade whatever. See The Edward, 1 Wheat. 272, 4 L. Ed. 86.
—Interdiction of fire and water. Banish­ment by an order that no man should supply the person banished with fire or water, the two necessaries of life.
INTERDICTUM SALVIANTJM. Lat. In Roman law. The Salvian interdict. A process which lay for the owner of a farm to obtain possession of the goods of his tenant who had pledged them to him for the rent of the land. Inst. 4, 15, 3.
Interdnm evenit ut exceptio qu» prima facie jnsta videtur, tamen iniqne noceat. It sometimes happens that a plea which seems prima facie just, nevertheless is injurious and unequal. Inst. 4, 14, 1, 2.
INTERESSE. Lat. Interest. The in­terest of money; also an interest in lands.
—Interesse termini. An interest in a term. That species of interest or property which a
lessee for years acquires in the lands demised to him, before he has actually become possessed of those lands; as distinguished from that property or interest vested in him by the de­mise, and also reduced into possession by an actual entry upon the lands and the assump­tion of ownership therein, and which is then termed an "estate for years." Brown.—Pro interesse sno. For his own interest; ac­cording to, or to the extent of, his individual interest. Used (in practice) to describe the intervention of a party who comes into a suit for the purpose of protecting interests of his own which may be involved in the dispute between the principal parties or which may be affected by the settlement of their conten­tion.
INTEREST. In property. The most general term that can be employed to denote a property in lands or chattels.' In its appli­cation to lands or things real, it is frequently used in connection with the terms "estate," "right," and "title," and, according to Lord Coke, it properly includes them all. Co. Litt. 345&. See Ragsdale v. Mays, 65 Tex. 257; Hurst v. Hurst, 7 W. Va. 297; New York v. Stone, 20 Wend. (N. Y.) 142; State v. Mc-Kellop, 40 Mo. 185; Loventhal v. Home Ins. Co., 112 Ala. 116, 20 South. 419, 33 L R. A. 258, 57 Am. St. Rep. 17.
More particularly it means a right to have the advantage accruing from anything; any right in the nature of property, but less than title; a partial or undivided right; a title to a share.
The terms "interest" and "title" are not syn­onymous. A mortgagor in possession, and a purchaser holding under a deed defectively executed, have, both of them, absolute as well as insurable interests in the property, though neither of them has the legal title. Hough v. City F. Ins. Co., 29 Conn. 20, 76 Am. Dec. 581. —Absolnte or conditional. That is an ab­solute interest in property which is so com­pletely vested in the individual that he can by no contingency be deprived of it without bis own consent. So, too, he is the owner of such absolute interest who must necessarily sus­tain the loss if the property is destroyed. The terms "interest" and "title" are not synony­mous. A mortgagor in possession, and a pur­chaser holding under a deed defectively exe­cuted, have, both of them, absolute, as well as insurable, interests in the property, though neither of them has the legal title. "Absolute" is here synonymous with "vested," and is used in contradistinction to contingent or conditional. Hough v. City F. Ins. Co., 29 Conn. 10, 76 Am. Dec. 581; Garver v. Hawkeye Ins. Co, 69 Iowa, 202. 28 N. W. 555; Washington F. Ins. Co. v. Kelly, 32 Md. 421, 431, 3 Am. Rep. 149; Elliott v. Ashland Mut. F. Ins. Co., 117 Pa. 548, 12 Atl. 676, 2 Am. St. Rep. 703; Williams v. Buffalo German Ins. Co. (C. C) 17 Fed. 63.—Interest or no interest. These words, inserted in an insurance policy, mean that the question whether the insured has or has not an insurable interest in the subject-matter is waived, and the policy is to be good irrespective of such interest. The effect of such a clause is to make it a wager policy.— Interest policy. In insurance. One which actually, or prima fade, covers a substantial and insurable interest; as opposed to a wager policy.—Interest suit. In English law. An action in the probate branch of the high court of justice, in which the question in dis­pute is as to which party is entitled to a grant of letters of administration of the estate of a deceased pex^son. Wharton.


In the law of evidence. "Interest," in a statute that no witness shall be excluded by interest in the event of the suit, means "concern," "advantage," "good," "share," "portion," "part," or "participation." Fitch v. Bates, 11 Barb. (N. Y.) 471; Morgan v. Johnson, 87 Ga. 382, 13 S. E. 710.
A relation to the matter in controversy, or to the issue of the suit, in the nature of a prospective gain or loss, which actually does, or presumably might, create a bias or preju­dice in the mind, inclining the person to favor one side or the other.
For money. Interest is the compensation allowed by law or fixed by the parties for the use or forbearance or detention of money. Civ. Code Cal. § 1915; Williams v. Scott, 83 Ind. 408; Kelsey v. Murphy, 30 Pa. 341; Williams v. American Bank, 4 Mete. (Mass.) 317; Beach v. Peabody, 188 111. 75, 58 N. E. 680.
Classification.—Conventional interest
is interest at the rate agreed upon and fixed by the parties themselves, as distinguished from that which the law would prescribe in the absence of an explicit agreement. Fowler v. Smith, 2 Cal. 568; Rev. St. Tex. 1895, art. 3099.—Legal interest. That rate of inter­est prescribed by the laws of the particular state or country as the highest which may be lawfully contracted for or exacted, and which must be paid in all cases where the law al­lows interest without the assent of the debtor. Towslee v. Durkee, 12 Wis. 485; American, etc., Ass'n v. Ham (Tex. Civ. App.) 62 S. W. 75; Beals v. Amador County, 35 Cal. 633. —Simple interest is that which is paid for the principal or sum lent, at a certain rate or allowance, made by law or agreement of par­ties.—Compound interest is interest upon interest, where accrued interest is added to the principal sum, and the whole treated as a new principal, for the calculation of the inter­est for the next period.
—Ex-interest. In the language of stock ex­changes, a bond or other interest-bearing securi­ty is said to be sold "ex-interest" when the vendor reserves to himself the interest already accrued and payable (if any) or the interest ac­cruing up to the next interest day.—Interest, maritime. See Mabitime Intekest.—Inter­est npon interest. Compound interest.
Interest reipnblicse ne maleficia re-maneant impnnita. It concerns the state that crimes remain not unpunished. Jenk. Cent pp. 30, 31, case 59; Wing. Max. 501.
Interest reipnblicse ne sua qnis male ntatnr. It concerns the state that persons do not misuse their property. 6 Coke, 36a.
Interest reipnblicse quod homines con* serventur. It concerns the state that [the lives of] men be preserved. 12 Coke, 62.
Interest reipnblicse res judicatas non rescind!. It concerns the state that things adjudicated be not rescinded. 2 Inst. 360. It is matter of public concern that solemn adjudications of the courts should not be dis­turbed. See Best, Ev. p. 41, S 44.
Interest reipnblicse snprema hominum testamenta rata haberi. It concerns the state that men's last wills be held valid, [or allowed to stand.] Co. Litt 230&.
Interest reipnblicse nt carceres sint in tnto. It concerns the state that prisons be safe places of confinement. 2 Inst. 589.
Interest (imprimis) reipnblicse nt pax in regno conservetur, et qusecunque paci adversentnr provide declinentnr. It es­pecially concerns the state that peace be pre­served in the kingdom, and that whatever things are against peace be prudently avoid­ed. 2 Inst. 158.
Interest reipnblicse ut quilibet re sua bene utatur. It is the concern of the state that every one uses his property properly.
Interest reipnblicse ut sit finis litium.
It concerns the state that there be an end of lawsuits. Co. Litt. 303. It is for the gen­eral welfare that a period be put to litiga­tion. Broom, Max. 331, 343.
INTERFERENCE. In patent law, this term designates a collision between rights claimed or granted; that is, where a person claims a patent for the whole or any integral part of the ground already covered by an ex­isting patent or by a pending application. Milton v. Kingsley, 7 App. D. C. 540; De-derick v. Fox (C. C.) 56 Fed. 717; Nathan Mfg. Co. v. Craig (O. C.) 49 Fed. 370.
Strictly speaking, an "interference" is de­clared to exist by the patent office whenever it is decided by the properly constituted authori­ty in that bureau that two pending applications (or a patent and a pending application), in their claims or essence, cover the same discovery or invention, so as to render necessary an investi­gation into the question of priority of invention between the two applications or the application and the patent, as the case may be. Lowrey v. Cowles Electric Smelting, etc., Co. (C. C.) 68 Fed. 372.
INTERIM. Lat. In the mean time; meanwhile. An assignee ad interim is one appointed between the time of bankruptcy and appointment of the regular assignee. 2 Bell, Comm. 355.
—Interim committitnr. "In the mean time, let him be committed." An order of court (or the docket-entry noting it) by which a prisoner is committed to prison and directed to be kept there until some further action can be taken, or until the time arrives for the execution of his sentence.—Interim curator. In English law. A person appointed by justices of the peace to take care of the property of a felon convict, until the appointment by the crown of an administrator or administrators for the same purpose. Mozley & Whitley.—Interim factor. In Scotch law. A« judicial officer elected or ap­pointed under the bankruptcy law to take charge of and preserve the estate until a fit person shall be elected trustee. 2 Bell, Comm. 357.— Interim officer. One appointed to filK the of­fice during a temporary vacancy, or during an interval caused by the absence or incapacity of the regular incumbent.—Interim order. One


made in the mean time, and until something is •done.—Interim receipt. A receipt for money paid by way of premium for a contract of in­surance for which application is made. If the risk is rejected, the money is refunded, less the /pro rata premium.
INTERLAQUEARE. In old practice. To link together, or interchangeably. Writs were called "interlaqueata" where several were issued against several parties residing In different counties, each party being sum­moned by a separate writ to warrant the ten­ant, together with the other warrantors. Fleta, lib. 5, c. 4, § 2.
INTERLINEATION. The act of writ­ing between the lines of an instrument; also what is written between lines. Morris v. Vanderen, 1 Dall. 67, 1 L. Ed. 38; Russell v. Eubanks, 84 Mo. 88.
INTERLOCUTOR. In Scotch practice. An order or decree of court; an order made in open court. 2 Swint. 362; Arkley, 32.
—Interlocutor of relevancy. In Scotch practice. A decree as to the relevancy of a libel or indictment in a criminal case. 2 Alis. Grim. Pr. 37a
INTERLOCUTORY. Provisional; tem­porary; not final. Something intervening between the commencement and the end of a suit which decides some point or matter, but is not a final decision of the whole contro­versy. Mora v. Sun Mut. Ins. Co., 13 Abb. Prac. (N. Y.) 310.
As to interlocutory "Costs," "Decree," "Judgment," "Order," and "Sentence," see those titles.
INTERLOPERS. Persons who run into business to which they have no right, or who interfere wrongfully; persons who enter a country or place to trade without license. Webster.
INTERMARRIAGE. In the popular sense, this term denotes the contracting of a marriage relation between two persons considered as members of different nations, tribes, families, etc., as, between the sov­ereigns of two different countries, between «.n American and an alien, between Indians of different tribes, between the scions of ?different clans or families. But, in law, it is sometimes used (and with propriety) to emphasize the mutuality of the marriage contract and as importing a reciprocal en­gagement by which each of the parties "mar­ries" the other. Thus, in a pleading, instead of averring that "the plaintiff was married to the defendant," it would* be proper to al­lege that "the parties intermarried" at such a time and place.
INTERMEDDLE. To interfere with property or the conduct of business affairs officiously or without right or title. Mc-
Queen v. Babcock, 41 Barb. (N. T.) 339; In re Shinn's Estate, 166 Pa. 121, 30 Atl. 1026, 45 Am. St. Rep. 656. Not a technical legal term, but sometimes used with refer­ence to the acts of an executor de son tort or a negotiorum gestor in the civil law.
INTERMEDIARY. In modern civil law. A broker; one who is employed to negotiate a matter between two parties, and who for that reason is considered as the mandatary (agent) of both. Civ. Code La. 1900, art 301&
INTERMEDIATE. Intervening; inter­posed during the progress of a suit, pro­ceeding, business, etc., or between its be­ginning and end.
—Intermediate account. In probate law. An account of an executor, administrator, or guardian filed subsequent to his first or initial account and before his final account. Specifical­ly in New York, an account filed with the sur­rogate for the purpose of disclosing the acts of the person accounting and the state or condi­tion of the fund in his hands, and not made the subject of a judicial settlement. Code Civ. Proc. N. Y. 1899, § 2514, subd. 9.—Interme­diate order. In code practice. An order made between the commencement of an action and the entry of a final judgment, or, in criminal law, between the finding of the indictment and the completion of the judgment roll. People v. Pri­ori, 163 N. Y. 99, 57 N. E. 85; Boyce v. Wa­bash Ry. Co., 63 Iowa, 70, 18 N. W. 673, 50 Am. Rep. 730; State v. O'Brien, 18 Mont. 1, 43 Pac. 1091; Hymes v. Van Cleef, 61 Hun, 618, 15 N. Y. Supp. 341.—Intermediate toll. Toll for travel on a toll road, paid or to be collected from persons who pass thereon at points between the toll gates, such persons not passing by, through, or around the toll gates. Hollingworth v. State, 29 Ohio St. 552.
INTERMIXTURE OF GOODS. Con­fusion of goods; the confusing or mingling together of goods belonging to different own­ers in such a way that the property of neither owner can be separately identified or extracted from the mass. See Smith v. Sanborn, 6 Gray (Mass.) 134. And see Con­fusion op Goods.
INTERN. To restrict or shut up a pei-son, as a political prisoner, within a limited territory.
INTERNAL. Relating to the interior} comprised within boundary lines; of interior concern or interest; domestic, as opposed to foreign.
—Internal commerce. See Commerce.—In­ternal improvements. With reference to gov­ernmental policy and constitutional provi­sions restricting taxation or the contracting of public debts, this term means works of general public utility or advantage, designed to promote facility of intercommunication, trade, and com­merce, the transportation of persons and prop­erty, or the development of the natural resources of the state, such as railroads, public highways, turnpikes, and canals, bridges, the improvement


of rivers and harbors, systems of artificial ir­rigation, and the improvement of water powers; but it does not include the building and main­tenance of state institutions. See Guernsey v. Burlington, 11 Fed. Cas. 99; Rippe v. Becker, 56 Minn. 100, 57 N. W. 331, 22 L. R. A. 857; State v. Froehlich, 115 Wis. 32, 91 N. W. 115, 58 L. R. A. 757, 95 Am. St. Rep. 894; U. S. v. Dodge County, 110 U. S. 156, 3 Sup. Ct. 590, 28 L. Ed. 103; In re Senate Resolution, 12 Colo. 285, 21 Pac. 483; Savannah v. Kelly, 108 U. S. 184, 2 Sup. Ct. 468, 27 L. Ed. 696; Blair v. Cuming County, 111 U. S. 363, 4 Sup. Ct. 449, 28 L. Ed. 457.—Internal police. A term sometimes applied to the police power, or power to enact laws in the interest of the pub­lic safety, health, and morality, which is in­herent in the legislative authority of each state, is to be exercised with reference only to its domestic affairs and its own citizens, and is not surrendered to the federal government. See Cheboygan Lumber Co. v. Delta Transp. Co., 100 Mich. 16, 58 N. W. 630—Internal reve­nue. In the legislation and fiscal administra­tion of the United States, revenue raised by the imposition of taxes and excises on domestic products or manufactures, and on domestic busi­ness and occupations, inheritance taxes, and stamp taxes; as broadly distinguished from "customs duties," ?. e., duties or taxes on for­eign commerce or on goods imported. See Rev. St. U. S. tit. 35 (U. S. Comp. St. 1901, p. 2038). —Internal waters. Such as lie wholly with­in the body of the particular 'state or countrv. The Garden City (D. C.) 26 Fed. 773.
which regulates the intercourse of nations; the law of nations. 1 Kent, Comm. 1, 4. The customary law which determines the rights and regulates the intercourse of inde­pendent states in peace and war. 1 Wildm. Int. Law, 1.
The system of rules and principles, founded on treaty, custom, precedent, and the con­sensus of opinion as to justice and moral obligation, which civilized nations recognize as binding upon them in their mutual deal­ings and relations. Heirn v. Bridault, 37 Miss. 230; U. S. v. White (C. C.) 27 Fed. 201.
Public international law is the body of rules which control the conduct of independ­ent 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 law of what nation it should be determined; in other words, it regulates private rights as dependent on a diversity of municipal laws and jurisdictions applicable to the persons, facts, or things in dispute, and the subject of it 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 status, property, rights, and duties are governed by the lex sit Us, the lex loci, the lex fori, or the lex domicilii, are questions with which pri­vate international law has to deal. Sweet; Roche v. Washington, 19 Ind. 55, 81 Am. Dec. 376.
INTERNUNCIO. A minister of a second order, charged with the affairs of the papal court in countries where that court has no nuncio.
INTERNUNCniS. A messenger between two parties; a go-between. Applied to a broker, as the agent of both parties. 4 C. Rob. Adm. 204.
INTERPELLATION. In the civil law. The act by which, in consequence of an agree­ment, the party bound declares that he will not be bound beyond a certain time. Wolff, Inst Nat. § 752.
INTERPLEA. 1. A plea by which a per­son sued in respect to property disclaims any interest in it and demands that rival claimants shall litigate their titles between themselves and relieve him from responsi­bility. Bennett v. Wolverton, 24 Kan. 286. See Intekpleadeb.
2. In Missouri, a statutory proceeding, serving as a substitute for the action of re­plevin, by which a third person intervenes in an action of attachment, sets up his own title to the specific property attached, and seeks to recover the possession of it. See Rice v. Sally, 176 Mo. 107, 75 S. W. 398; Spooner v. Ross, 24 Mo. App. 603; State v. Barker, 26 Mo. App. 491; Brownwell, etc Car. Co. v. Barnard, 139 Mo. 142, 40 S. W. 762.
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 to it, and fears he may be prejudiced by their pro­ceeding against him to recover it, he may file a bill in equity against them, the object of which is to make them litigate their title between themselves, instead of litigating it with him, and such a bill is called a "bill of interpleader." Brown.
By the statute 1 & 2 Wm. IV. c. 58, sum­mary proceedings at law were provided for the same purpose, in actions of assumpsit, debt, detinue, and trover. And the same remedy is known, in one form or the other, in most or all of the United States.
Under the Pennsylvania practice, when goods levied upon by the sheriff are claimed by a third party, the sheriff takes a rule of interpleader on the parties, upon which, when made absolute, a feigned issue is framed, and the title to the goods is tested. The goods, pending the proceed­ings, remain in the custody of the defendant up­on the execution of a forthcoming bond. Bou-vier.
INTERPOLATE. To insert words in a complete document.
INTERPOLATION. The act of inter­polating; the words interpolated.
INTERPRET. To construe; to seek out the meaning of language; to translate orally from one tongue to another-

Interpreter* et concordare leges leg-ibus, est optimns interpretandi modus.
To interpret, and [in such a way as] to har­monize laws with laws, is the best mode of interpretation. 8 Coke, 169a.
Interpretatio chartaram benigne faci-enda est, nt res magis valeat qnam pe-reat. The interpretation of deeds is to be liberal, that the thing may rather have ef­fect than fail. Broom, Max. 543.
Interpretatio fienda est nt res magis valeat qnam pereat. Jenk. Gent. 198. Such an interpretation is to be adopted that the thing may rather stand than fall.
Interpretatio talis in ambignis sem­per fienda est nt evitetnr inconveniens et absnrdnm. In cases of ambiguity, such an interpretation should always be made that what is inconvenient and absurd may be avoided. 4 Inst. 328.
INTERPRETATION. The art or process of discovering and expounding the intended signification of the language used in a stat­ute, will, contract, or any other written doc­ument, that is, the meaning which the author designed it to convey to others. People v. Com'rs of Taxes, 95 N. Y. 559; Rome v. Knox, 14 How. Prac. (N. Y.) 272; Ming v. Pratt, 22 Mont 262, 56 Pac. 279; Tallman v. Tallman, 3 Misc. Rep. 465, 23 N. Y. Supp. 734.
The discovery and representation of the true meaning of any signs used to convey ideas. Lieb. Herm.
"Construction" is a term of wider scope than "interpretation;" for, while the latter is con­cerned only with ascertaining the sense and meaning of the subject-matter, the former may also be directed to explaining the legal effects and consequences of the instrument in question. Hence interpretation precedes construction, but stops at the written text.
Close interpretation (interpretatio restric-ta) is adopted if just reasons, connected with the formation and character of the text, in­duce us to take the words in their narrowest meaning. This species of interpretation has generally been called "literal," but the term is inadmissible. Lieb. Herm. 54.
Extensive interpretation (interpretatio ex-tensiva, called, also, "liberal interpretation") adopts a more comprehensive signification of the word. 'Id. 58.
Extravagant interpretation (interpretatio excedens) is that which substitutes a mean­ing evidently beyond the true one. It is therefore not genuine interpretation. Id. 59.
Free or unrestricted interpretation (inter­pretatio soluta) proceeds simply on the gen­eral principles of interpretation in good faith, not bound by any specific or superior princi­ple. Id. 59.
Limited or restricted interpretation (in­terpretatio limitata) Is when we are influ-
enced by other principles than the strictly hermeneutic ones. Id. 60.
Predestined interpretation (interpretatio predestinata) takes place if the interpreter, laboring under a strong bias of mind, makes the text subservient to his preconceived views or desires. This includes artful interpreta­tion, (interpretatio vafer,) by which the in­terpreter seeks to give a meaning to the text other than the one he knows to have been in­tended. Id. 60.
It is said to be either "legal," which rests on the same authority as the law itself, or "doctrinal," which rests upon its intrinsic reasonableness. Legal interpretation may be either "authentic," when it is expressly provided by the legislator, or "usual," when it is derived from unwritten practice. Doc­trinal interpretation may turn on the mean­ing of words and sentences, when it is called "grammatical," or on the intention of the legislator, when it is described as "logical." When logical interpretation stretches the words of a statute to cover its obvious mean­ing, it is called "extensive;" when, on the other hand, it avoids giving full meaning to the words, in order not to go beyond the in­tention of the legislator, it is called "restrict­ive." Holl. Jur. 344.
As to strict and liberal interpretation, see
In the civil law, authentic interpretation of laws is that given by the legislator him­self, which is obligatory on the courts. Cus­tomary interpretation (also called "usual") is that which arises from successive or con­current decisions of the court on the same subject-matter, having regard to the spirit of the law, jurisprudence, usages, and equity; as distinguished from "authentic" interpreta­tion, wh}ch is that given by the legislator himself. Houston v. Robertson, 2 Tex. 26.
—Interpretation clause. A section of a stat­ute which defines the meaning of certain word? occurring frequently in the other sections.
INTERPRETER. A person sworn at a trial to interpret the evidence of a foreigner or a deaf and dumb person to the court Amory v. Fellowes, 5 Mass. 226; People v. Lem Deo, 132 Cal. 199, 64 Pac. 266.
INTERREGNUM. An interval between reigns. The period which elapses between the death of a sovereign and the election of another. The vacancy which occurs when there is no government.
INTERROGATOIRE. In French law. An act which contains the interrogatories made by the judge to the person accused, on the facts which are the object of the accusa­tion, and the answers of the accused. Poth. Proc. Crim. c. 4, art 2, § 1.
INTERROGATORIES. A set or series of written questions drawn up for the pur­pose of being propounded to a party in


equity, a garnishee, or a witness whose testi­mony is taken on deposition; a series of formal written questions used in the judicial examination of a party or a witness. In tak­ing evidence on depositions, the interroga­tories are usually prepared and settled by counsel, and reduced to writing in advance of the examination.
Interrogatories are either direct or cross, the former being those-which are put on be­half of the party calling a witness; the latter are those which are interposed by the ad­verse party.
INTERRUPTIO. Lat. Interruption. A term used both in the civil and common law of prescription. Calvin.
Interruptio multiplex non tollit prse-scriptionem semel obtentam. 2 Inst. 654. Frequent interruption does not take away a prescription once secured.
INTERRUPTION. The occurrence of some act or fact, during the period of pre­scription, which is sufficient to arrest the running of the statute of limitations. It is said to be either "natural" or "civil," the former being caused by the act of the party; the latter by the legal effect or operation of some fact or circumstance. Innerarity v. Mims, 1 Ala. 674; Carr v. Foster, 3 Q. B. 58S; Flight v. Thomas, 2 Adol. & El. 701.
Interruption of the possession is where the right is not enjoyed or exercised continuously; interruption of the right is where the person having or claiming the right ceases the exercise of it in such a manner as to show that he does not claim to be entitled to exercise it.
In Scotch law. The true proprietor's claiming his right during the course of pre­scription. Bell.
INTERSECTION. The point of inter­section of two roads is the point where their middle lines intersect. In re Springfield Road, 73 Pa. 127.
INTERSTATE. Between two or more states; between places or persons in differ­ent states; concerning or affecting two or more states politically or territorially.
—Interstate commerce. Traffic, intercourse, commercial trading, or the transportation of persons or property between or among the sev­eral states of the Union, or from or between points in one state and points in another state; commerce between two states, or between places lying in different states. Gibbons v. Ogden, 9 Wheat. 194, 6 L. Ed. 23; Wabash, etc. R. Co. v. Illinois, 118 U. S. 557, 7 Sup. Ct. 4, 30 L. Ed. 244; Louisville & N. R. Co. v. Railroad Com'rs (C. C.) 19 Fed. 701.—Interstate com­merce aet. The act of congress of February 4, 1887 (U. S. Comp. St. 1901, p. 3154), design­ed to regulate commerce between the states, and particularly the transportation of persons and property, by carriers, between interstate points, prescribing that charges for such transportation shall be reasonable and just, prohibiting unjust discrimination, rebates, draw-backs, preferences,
pooling of freights, etc., requiring schedules of rates to be published, establishing a commission to carry out the measures enacted, and prescrib­ing the powers and duties of such commission and the procedure before it—Interstate com­merce commission. A commission created by the interstate commerce act (q. v.) to carry out the measures therein enacted, composed of five persons, appointed by the President, empowered to inquire into the business of the carriers af­fected, to enforce the law, to receive, investi­gate, and determine complaints made to them of any violation of the act, make annual reports, hold stated sessions, eta—Interstate extradi­tion. The reclamation and surrender, accord­ing to due legal proceedings, of a person who, having committed a crime in one of the states of the Union, has fled into another state to evade justice or escape prosecution.—Inter­state law. That branch of private interna­tional law which affords rules and principles for the determination of controversies between citi­zens of different states in respect to mutual rights or obligations, in so far as the same are affected by the diversity of their citizenship or by diversity in the laws or institutions of the several states.
INTERVENER. An intervener is a per­son who voluntarily interposes in an action or other proceeding with the leave of the court.
INTERVENTION. In international law. Intervention is such an interference between two or more states as may (accord­ing to the event) result in a resort to force; while mediation always is, and is intended to be and to continue, peaceful only. ' Interven­tion between a sovereign and his own sub­jects is not justified by anything in inter­national law; but a remonstrance may be addressed to the sovereign in a proper case. Brown.
In English ecclesiastical law. The pro­ceeding of a third person, who, not being originally a party to the suit or proceeding, but claiming an interest in the subject-mat­ter in dispute, in order the better to protect such interest, interposes his claim. 2 Chit. Pr. 492; 3 Chit. Commer. Law, 633; 2 Hagg. Const. 137; 3 Phillim. Ecc. Law, 586.
In the civil law. The act by which a third party demands to be received as a party in a suit pending between other per­sons.
The intervention is made either for the purpose of being joined to the plaintiff, and to claim the same thing he does, or some other thing connected with it; or to join the defendant, and with him to oppose the claim of the plaintiff, which it is his interest to defeat. Poth. Proc. Civile, pt. 1, c. 2, § 7, no. 3.
In practice. A proceeding in a suit or ac­tion by which a third person is permitted by the court to make himself a party, either joining the plaintiff in claiming what is sought by the complaint, or uniting with the defendant in resisting the claims of the plain-


tiff, or demanding something adversely to both of them. Logan v. Greenlaw (C. C.) 12 Fed. 16; Fischer v. Hanna, 8 Colo. App. 471, 47 Pac. 303; Gale v. Frazier, 4 Dak. 196, 30 N. W. 138; Reay v. Butler (Cal.) 7 Pac. 671.
INTESTABELIS. Lat. A witness in­competent to testify. Calvin.
INTESTABIiE. One who has not testa­mentary capacity; e. g., an infant, lunatic, or person civilly dead.
INTESTACY. The state or condition of dying without having made a valid will. Brown v. Mugway, 15 N. J. Law, 331.
INTESTATE. Without making a will. A person is said to die intestate when he dies without making a will, or dies without leav­ing anything to testify what his wishes were with respect to the disposal of his property after his death. The word is also often used to signify the person himself. Thus, in speaking of the property of a person who died intestate, it is common to say "the in­testate's property;" i. e., the property of the person dying in an intestate condition. Brown. See In re Cameron's Estate, 47 App. Div. 120, 62 N. Y. Supp. 187; Messmann v. Egenberger, 46 App. Div. 46, 61 N. Y. Supp. 556; Code Civ. Proc. N. Y. 1889, § 2514, fiubd. 1.
Besides the strict meaning of the word as above given, there is also a sense in which intestacy may be partial; that is, where a man leaves a will which does not dispose of his whole estate, he is said to "die intestate" as to the property so omitted.
—Intestate succession. A succession is call­ed "intestate" when the deceased has left no will, or when his will has been revoked or an­nulled as irregular. Therefore the heirs to whom a succession has fallen by the effects of law only are called "heirs db tntestato." Civ. Code La. art. 1096.
INTESTATO. Lat. In the civil law. In­testate; without a will. Calvin.
INTESTATTJS. Lat. In the civil and old English law. An intestate; one -who dies without a will. Dig. 50, 17, 7.
Intestatns decedit, qui ant omnino testamentnm non fecit; ant non jnre fecit; ant id qnod fecerat rnptum irri-tnmve factnm est; ant nemo ex eo hseres exstitit. A person dies intestate who either has made no testament at all or has made one not legally valid; or if the testament he has made be revoked, or made useless; or if no one becomes heir under it Inst 3, 1, pr.
INTIMATION. In the civil law. A
notification to a party that some step in a legal proceeding is asked or will be taken. Particularly, a notice given by the party
taking an appeal, to the other party, that the court above will hear the appeal.
In Scotch law. A formal written notice, drawn by a notary, to be served on a party against whom a stranger has acquired a right or claim; e. g., the assignee of a debt must serve such a notice on the debtor, otherwise a payment to the original creditor will be good.
INTIMIDATION. In English law. Ev­ery person commits a misdemeanor, punish­able with a fine or imprisonment, who wrong­fully uses violence to or intimidates any other person, or his wife or children, with a view to compel him to abstain from doing, or to do, any act which he has a legal right to do, or abstain from doing. (St 38 & 39 Vict c. 86, § 7.) This enactment is chiefly di­rected against outrages by trades-unions. Sweet There are similar statutes in many of the United States. See Payne v. Rail­road Co., 13 Lea (Tenn.) 514, 49 Am. Rep. 666; Embry v. Com., 79 Ky. 441.
—Intimidation of voters. This, by statute in several of the states, is made a criminal of­fense. Under an early Pennsylvania act, it was held that, to constitute the offense of in­timidation of voters, there must be a preconceiv­ed intention for the purpose of intimidating the officers or interrupting the election. Respublica v. Gibbs, 3 Yeates (Pa.) 429.
INTITLE. An old form of "entitle." 6 Mod. 304.
INTOL AND UTTOI.. In old records. Toll or custom paid for things imported and exported, or bought in and sold out. Cowell.
INTOXICATION. The state of being poisoned; the condition produced by the ad­ministration or introduction into the human system of a poison. But in its popular use this term is restricted to alcoholic intoxica­tion, that is, drunkenness or inebriety, or the mental and physical condition induced by drinking excessive quantities of alcoholic liq­uors, and this is its meaning as used in stat­utes, indictments, etc. See Sapp v. State, 116 Ga. 182, 42 S. E. 410; State v. Pierce, 65 Iowa, 85, 21 N. W. 195; Wadsworth v. Dunnam, 98 Ala. 610, 13 South. 599; Ring v. Ring, 112 Ga. 854, 38 S. E. 330; State v. Kelley, 47 Vt. 296; Com. v. Whitney, 11 Cush. (Mass.) 477.
INTOXICATING LIQUOR. Any liquor used as a beverage, and which, when so used in sufficient quantities, ordinarily or com­monly produces entire or partial intoxica­tion; any liquor intended for use as a bev­erage or capable of being so used, which contains alcohol, either obtained by fermen­tation or by the additional process of dis­tillation, In such proportion that it will pro­duce intoxication when imbibed in such quan­tities as may practically be drunk. Intox-


icating Liquor Cases, 25 Kan. 767, 37 Am. Rep. 284; Com'rs t. Taylor, 21 N. Y. 173; People v. Hawley, 3 Mich. 339; State v. Oliver, 26 W. Va. 431, 53 Am. Rep. 79; Sebastian v. State, 44 Tex. Cr. R. 508, 72 S. W. 850; Worley v. Spurgeon, 38 Iowa, 465.
INTRA. Lat. In; near; within. "In­fra'" or "inter" has taken the place of "in­tra" in many of the more modern Latin phrases.
INTRA ANNI SPATIUM. Within the space of a year. Cod. 5, 9, 2. Intra an­nate tempus. Id. 6, 30, 19.
INTRA FLDEM. Within belief; credi­ble. Calvin.
INTRA LUCTUS TEMPUS. Within the time of mourning. Cod. 9, 1, auth.
INTRA MCENIA. Within the walls (of a house.) A term applied to domestic or menial servants. 1 Bl. Comm. 425.
INTRA PARIETES. Between walls; among friends; out of court; without litiga­tion. Calvin.
INTRA PRiESIDIA. Within the de­fenses. See Infba iPb^esidia.
INTRA QUATUOR MARIA. Within the four seas. Shep. Touch. 378.
INTRA VIRES. An act is said to be intra vires ("within the power") of a person or corporation when it is within the scope of his or its powers or authority. It is the op­posite of ultra vires, (q. v.) Pittsburgh, etc., R. Co. v. Dodd, 115 Ky. 176, 72 S. W. 827.
INTRALUMINAL. In mining law, the term "intraliminal rights" denotes the right to mine, take, and possess all such bodies or deposits of ore as lie within the four planes formed by the vertical extension downward of the boundary lines of the claim; as distinguished from "extraliminal," or more commonly "extralateral," rights. See Jef­ferson Min. Co. v. Anchoria-Leland Mill. & Min. Co., 32 Colo. 176, 75 Pac. 1073, 64 L. R. A. 925.
INTRARE MARISCUM. L. Lat. To drain a marsh or low ground, and convert it into herbage or pasture.
INTRINSECUM SERVITIUM. Lat. Common and ordinary duties with the lord's court.
INTRINSIC VALUE. The intrinsic val­ue of a thing is its true, inherent, and es-
sential value, not depending upon accident, place, or person, but the same everywhere and to every one. Bank of North Carolina v. Ford, 27 N. C. 698.
INTRODUCTION. The part of a writ­ing which sets forth preliminary matter, or facts tending to explain the subject.
INTROMISSION. In Scotch law. The
assumption of authority over another's prop­erty, either legally or illegally. The irregu­lar intermeddling with the effects of a de­ceased person, which subjects the party to the whole debts of the deceased, is called "vitious intromission." Karnes, Eq. >b. 3, c. 8, §2.
—Necessary intromission. That kind of in­tromission or interference where a husband or wife continues in possession of the other's goods after their decease, for preservation. Wharton.
In English law. Dealings in stock, goods, or cash of a principal coming into the hands of his agent, to be accounted for by the agent to his principal. Stewart v. McKean, 29 Eng. Law & Eq. 391.
INTRONISATION. In French ecclesias­tical law. Enthronement. The installation of a bishop in his episcopal see.
INTRUDER. One who enters upon land without either right of possession or color of title. Miller v. McCullough, 104 Pa. 630; Russel v. Chambers, 43 Ga. 479. In a more restricted sense, a stranger who, on the death of the ancestor, enters on the land, unlawful­ly, before the heir can enter.
INTRUSION. A species of injury by ouster or amotion of possession from the freehold, being an entry of a stranger, after a particular estate of freehold is determined, before him in remainder or reversion. Hu-lick v. Scovil, 9 111. 170; Boylan v. Deinzer, 45 N. J. Eq. 485, 18 Atl. 121.
The name of a writ brought by the owner of a fee-simple, etc., against an intruder. New Nat. Brev. 453. Abolished by 3 & 4 Wm. IV. c. 57.
of divorce, this term denotes extreme cruelty, cruel and inhuman treatment, barbarous, sav­age, and inhuman conduct, and is equivalent to any of those phrases Shaw v. Shaw, 17 Conn. 193; Morehouse v. Morehouse, 70 Conn. 420, 39 Atl. 516; Blain v. Blain, 45 Vt. 544.
INTUITUS. Lat A view; regard; con­templation. Diverso intuitu, (g. v.,) with a different view.
INURE. To take effect; to result. Cedar Rapids Water Co. v. Cedar Rapids, 118 Iowa, 234, 91 N. W. 1081; Hinson v. Booth, 39 Fla. 333, 22 South. 687; Holmes v. Tallada, 125


Pa. 133, 17 Atl. 238, 3LB.A. 219, 11 Am. St. Rep. 880.
INUREMENT. Use; user; service to the use* or benefit of a person. Dickfirson v. Colgrove, 100 U. S. 583, 25 L. Ed. 618.
InutiHs labor et sine frnctu non est effectus legis. Useless and fruitless labor is not the effect of law. Co. Litt. 127&. The law forbids such recoveries whose ends are vain, chargeable, and unprofitable. Id; Wing. Max. p. 110, max. 38.
INVADIARE. To pledge or mortgage lands.
INVADIATIO. A pledge or mortgage.
INVADIATUS. One who is under pledge; one who has had sureties or pledges given for him. Spelman.
INVALID. Vain; inadequate to its pur­pose; not of binding force or legal efficacy; lacking in authority or obligation. Hood v. Perry, 75 Ga. 312; State v. Casteel, 110 Ind. 174, 11 N. E. 219; Mutual Ben. L. Ins. Co. v. Winne, 20 Mont. 20, 49 Pac. 446.
INVASION. An encroachment upon the rights of another; the incursion of an army for conquest or plunder. Webster. See Mt-na Ins. Co. v. Boon, 95 U. S. 129, 24 L. Ed. 395.
INVASIONES. The inquisition of ser-jeanties and knights' fees. Cowell.
INVECTA ET IIXATA. Lat. In the civil law. Things carried in and brought in. Articles brought into a hired tenement by the hirer or tenant, and which became or were pledged to the lessor as security for the rent Dig. 2, 14, 4, pr. The phrase is adopted in Scotch law. See Bell.
Inveniens libellum famosnm et non corrumpens pnnitnr. He who finds a libel and does not destroy it is punished. Moore, 813.
INVENT. To find out something new; to devise, contrive, and produce something not previously known or existing, by the ex­ercise of independent investigation and ex­periment; particularly applied to machines, mechanical appliances, compositions, and pat­entable inventions of every sort.
INVENTIO. In the civil law. Find­ing; one of the modes of acquiring title to property by occupancy. Heinecc. lib. 2, tit. 1, § 350.
In old English law. A thing found; as goods or treasure-trove. Cowell. The plu­ral, "inzentionea," is also used.
INVENTION. In patent law. The act or operation of finding out something new; the process of contriving and producing some­thing not previously known or existing, by the exercise of independent investigation and experiment. Also the article or contriv­ance or composition so invented. See Lei-dersdorf v. Flint, 15 Fed. Cas. 260; Smith v. Nichols, 21 Wall. 118, 22 L. Ed. 566; Hol-lister v. Manufacturing Co., 113 U. S. 72, 5 Sup. Ct. 717, 28 L. Ed. 901; Murphy Mfg. Co. v. Excelsior Car Roof Co. (C. C.) 70 Fed. 495.
An "invention" differs from a "discovery." The former term is properly applicable to the contrivance and production of something that did not before exist; while discovery denotes the bringing into knowledge and use of some­thing which, although it existed, was before un­known. Thus, we speak of the "discovery" of the properties of light, electricity, etc., while the telescope and the electric motor are the results of the process of "invention."
INVENTOR. One who finds out or con­trives some new thing; one who devises some new art, manufacture, mechanical appliance, or process; one who invents a patentable con­trivance. See Sparkman v. Higgins, 22 Fed. Cas. 879; Henderson v. Tompkins <C. C.) 60 Fed. 764
INVENTORY. A detailed list of articles of property; a list or schedule of property, containing a designation or description of each specific article; an itemized list of the various articles constituting a collection, es­tate, stock in trade, etc., with their estimated or actual values. In law, the term is par­ticularly applied to such a list made by an executor, administrator, or assignee in bank­ruptcy. See Silver Bow Min. Co. v. Lowry, 5 Mont. 618, 6 Pac. 62; Lloyd v. Wyckoff, 11 N. J. Law, 224; Roberts, etc., Co. v. Sun Mut. L. Ins. Co., 19 Tex. Civ. App. 338, 48 S. W. 559; Southern F. Ins. Co. v. Knight, 111 Ga. 622, 36 S. E. 821, 52 L. R. A. 70, 78 Am. St. Rep. 216.
INVENTUS. Lat. Found. Thesaurus inventus, treasure-trove. Non est inventus, [he] is not found.
INVERITARE. To make proof of a thing. Jacob.
INVEST. To loan money upon securities of a more or less permanent nature, or to place it in business ventures or real estate, or otherwise lay it out, so that it may pro­duce a revenue or income. Drake v. Crane, 127 Mo. 85, 29 S. W. 990, 27 L. R. A. 653; Stramann v. Scheeren, 7 Colo. App. 1, 42 Pac. 191; Una v. Dodd, 39 N. J. Eq. 186.
To clothe one with the possession of a fief or benefice. See Investiture.
INVESTITIVE FACT. The fact by means of which a right comes into existence;


e. g., a grant of a monopoly, the death of one's ancestor. Holl. Jur. 132.
INVESTITURE. A ceremony which ac­companied the grant of lands in the feudal ages, and consisted in the open and notorious delivery of possession in the presence of the other vassals, which perpetuated among them the wra of their new acquisition at the time when the art of writing was very little known; and thus the evidence of the prop­erty was reposed in the memory of the neigh­borhood, who, in case of disputed title, were afterwards called upon to decide upon it. Brown.
In ecclesiastical law. Investiture is one of the formalities by which the election of a bishop is confirmed by the archbishop. See Phillim. Ecc. Law, 42, et seq.
INVIOLABILITY. The attribute of be­ing secured against violation. The persons of ambassadors are inviolable.
INVITATION. In the law of negligence, and with reference to trespasses on realty f invitation is the act of one who solicits or incites others to enter upon, remain in, or make use of, his property or structures there­on,, or who so arranges the property or the means of access to it or of transit over it as to induce the reasonable belief that he expects and intends that others shall come upon it or pass over it. See Sweeney v. Old Colony & N. R. Co., 10 Allen (Mass.) 373, 87 Am. Dec. 644; Wilson v. New York, N. H. & H. R. Co., 18 R. I. 491, 29 Atl. 258; Wright v. Boston & A. R. Co., 142 Mass. 300, 7 N. EL 866.
Thus the proprietor of a store, theatre, or amusement park "invites"' the public to come upon his premises for such purposes as are con­nected with its intended use. Again, the fact that safety gates at a railroad crossing, which should be closed in case of danger, are left standing open, is an "invitation" to the trav­eler on the highway to cross. Roberts v. Dela­ware & H. Canal Co., 177 Pa. 183, 35 Atl. 723. So, bringing a passenger train on a railroad to a full stop at a regular station is an "invita­tion to alight."
License distinguished. A license is a pas­sive permission on the part of the owner of premises, with reference to other persons enter­ing upon or using them, while an invitation im­plies a request, solicitation or desire that they should do so. An invitation may be inferred where there is a common interest or mutual ad­vantage; while a license will be inferred where the object is the mere pleasure or benefit of the person using it. Bennett v. Louisville & N. R. Co., 102 U. S. 580, 26 L. Ed. 235; Weldon v. Philadelphia, W. & B. R. Co., 2 Pennewill (Del.) 1, 43 Atl. 159. An owner owes to a licensee no duty as to the condition of the prem­ises (unless imposed by statute) save that he should not knowingly let him run upon a hid­den peril or wilfully cause him harm; while to one invited he is under the obligation to main­tain the premises in a reasonably safe and se­cure condition. Beehler v. Daniels, 18 R. I. 563, 29 Atl. 6, 27 L. R. A. 512, 49 Am. St. Rep. 790.
Express and implied. An invitation may be express, when the owner or occupier of the land by words invites another to come upon it or make use of it or of something thereon; or it may be implied when such owner or oc­cupier by acts or conduct leads another to be­lieve that the land or something thereon was intended to be used as he uses them, and that such use is not only acquiesced in by the owner or occupier, but is in accordance with the in­tention or design for which the way or place or thing was adapted and prepared and allowed to be used. Turess v. New York, S. & W. R. Co., 61 N. J. Law, 314, 40 Atl. 614; Furey v. New York Cent. R. Co., 67 N. J. Law, 270, 51 Atl. 505; Lepnick v. Gaddis, 72 Miss. 200, 16 South. 213, 26 L. R. A. 686, 48 Am. St Rep. 547; Plummer v. Dill, 156 Mass. 426, 31 N. E. 128, 32 Am. St. Rep. 463; Sesler v. Rolfe Coal & Coke Co., 51 W. Va. 318, 41 S. E. 216.
INVITO. Lat. Being unwilling. Against or without the assent or consent.
—Ab invito. By or from an unwilling party. A transfer ab invito is a compulsory transfer. —Invito debitore. Against the will of the debtor.—Invito domino. The owner being un­willing; against the will of the owner; with­out the owner's consent. In order to constitute larceny, the property must be taken invito do­mino.
Invito benencium non datur. A benefit is not conferred on one who is unwilling to receive it; that it to say, no one can be compelled to accept a benefit. Dig. 50, 17, 69; Broom, Max. 699, note.
INVOICE. In commercial law. An ac­count of goods or merchandise sent by mer­chants to their correspondents at home or abroad, in which the marks of each package, with other particulars, are set forth. Marsh. Ins. 408; Dane, Abr. Index. See Merchants' Exch. Co. v. Weisman, 132 Mich. 353, 93 N. W. 870; Southern Exp. Co. v. Hess, 53 Ala. 22; Cramer v. Oppenstein, 16 Colo. 495, 27 Pac. 713.
A list or account of goods or merchandise sent or shipped by a merchant to his corre­spondent, factor, or consignee, containing the particular marks of each description of goods, the value, charges, and other particulars. Jac. Sea Laws, 302.
A writing made on behalf of an importer, specifying the merchandise imported, and its true cost or value. And. Rev. Law, § 294.
—Invoice book. A book in which invoices are copied.—Invoice price of goods means the
J rime cost. Le Roy y. United Ins. Co., 7 ohns. (N. Y.) 343.
INVOLUNTARY. An involuntary act is that which is performed with constraint (q. v.) or with repugnance, or without the will to do it. An action is involuntary, then, which is performed under duress. Wolff Inst. Nat. § 5.
—Involuntary deposit. In the law of bail­ments, one made by the accidental leaving or placing of personal property in the possession


of another, without negligence on the part of the owner, or, in cases of fire, shipwreck, inun­dation, riot, insurrection, or the like extraordi­nary emergencies, by the owner of personal property committing it out of necessity to the care of any person. Rev. St. Okl. 1903, § 282G; Rev. Codes N. D. 1899, § 4002; Civ. Code S. D. 1903, § 1354.—Involuntary discontinu­ance. In practice. A discontinuance is invol­untary where, in consequence of technical omis­sion, mispleading, or the like, the suit is re­garded as out of court, as where the parties undertake to refer a suit that is not referable, or omit to enter proper continuances. Hunt v. Griffin, 49 Miss. 748.—Involuntary man­slaughter. The unintentional killing of a person by one engaged in an unlawful, but not felonious act. 4 Steph. Comm. 52.—Involun­tary payment. One obtained by fraud, op­pression, or extortion, or to avoid the use of force to coerce it, or to obtain the release of the person or property from detention. Parcher v. Marathon County, 52 Wis. 388, 9 N. W. 23, 38 Am. Rep. 745; Wolfe v. Marshal, 52 Mo. 168; Corkle v. Maxwell, 6 Fed. Cas. 555.—Involun­tary servitude. The condition of one who is compelled by force, coercion, or imprison­ment, and against his will, to labor for an­other, whether he is paid or not. See State v. West, 42 Minn. 147, 43 N. W. 845; Ex parte Wilson, 114 U. S. 417, 5 Sup. Ct. 935, 29 L. Ed. 89; Thompson v. Benton, 117 Mo. 83, 22 S. W. 863, 20 L. R. A. 462, 38 Am. St. Rep. 639; In re Slaughterhouse Cases, 16 Wall. 69, 21 L. Ed. 394; Robertson v. Bald­win, 165 U. S. 275, 17 Sup. Ct. 326, 41 L. Ed. 715.
As to Involuntary "Bankruptcy," "Non­suit," and "Trust," see those titles.
IOTA. The minutest quantity possible. Iota is the smallest Greek letter. The word "jot" is derived therefrom.
Ipsse leges cupiunt ut jure regantur.
Co. Litt. 174. The laws themselves require that they should be governed by right.
IPSE. Lat He himself; the same; the very person.
IPSE DIXIT. He himself said It; a bare assertion resting on the authority of an in­dividual.
IPSISSIMIS VERBIS. In the Identical words; opposed to "substantially." Town-send v. Jemison, 7 How. 719, 12 L. Ed. 880; Summons v. State, 5 Ohio St. 346.
IPSO FACTO. By the fact itself; by the mere fact. By the mere effect of an act or a fact
In English ecclesiastical law. A cen­sure of excommunication in the ecclesiastical court, immediately incurred for divers offen­ses, after lawful trial.
IPSO JURE. By the law Itself; by the mere operation of law. Calvin.
Ira furor brevis est. Anger is a short in­sanity. Beardsley v. Maynard, 4 Wend. (N. Y.) 336, 355.
IRA MOTUS. Lat. Moved or excited by anger or passion. A term sometimes former­ly used In the plea of son assault demesne.
1 Tidd, Pr. 645.
IRE AD LAKGUM. Lat To go at
large; to escape; to be set at liberty.
IRENARCHA. In Roman law. An offi­cer whose duties are described in Dig. 5, 4, 18, 7. See Id. 48, 3, 6; Cod. 10, 75. Lit­erally, a peace-officer or magistrate.
IRREGULAR. Not according to rule; improper or insufficient, by reason of depart­ure from the prescribed course.
As to irregular "Deposit," "Indorsement," "Process," and "Succession," see those titles.
IRREGULARITY. Violation or nonob-servance of established rules and practices. The want of adherence to some prescribed rule or mode of proceeding; consisting either in omitting to do something that is necessary for the due and orderly conducting of a suit, or doing it In an unseasonable time or improper manner. 1 Tidd, Pr. 512. And see McCain v. Des Moines, 174 U. S. 168, 19 »Sup. Ct. 644, 43 L. Ed. 936; Emeric v. Al-varado, 64 Cal. 529, 2 Pac. 418; Hall v. Mun-ger, 5 Lans. (N. Y.) 113; Corn Exch. Bank v. Blye, 119 N. Y. 414, 23 N. E. 805; Salter v. Hilgen, 40 Wis. 365; Turrill v. Walker, 4 Mich. 183. "Irregularity" is the technical term for every defect in practical proceed­ings, or the mode of conducting an action or defense, as distinguishable from defects in pleadings. 3 Chit. Gen. Pr. 509.
The doing or not doing that, in the conduct of a suit at law, which, conformably with the practice of the court, ought or ought not to be done. Doe ex dem. Cooper v. Harter,
2 Ind. 252.
In canon law. Any impediment which prevents a man from taking holy orders
—Legal irregularity. An irregularity oc­curring in the course of some legal proceeding. A defect or informality which, in the technical view of the law, is to be accounted an ir­regularity.
IRRELEVANCY. The absence of the quality of relevancy in evidence or pleadings.
Irrelevancy, in an answer, consists in state­ments which are not material to the decision of the case; such as do not form or tender any material issue. People v. McCumber, 18 N. Y. 321, 72 Am. Dec. 515; Walker v. Hewitt, 11 How. Prac. (N. Y.) 398; Carpenter v. Bell, 1 Rob. (N. Y.) 715; Smith v. Smith, 50 S. C. 54, 27 S. E. 545.
IRRELEVANT, in the law of evidence. Not relevant; not relating or applicable to the matter in issue; not supporting the Issue.
IRREMOVABILITY. The status of a pauper in England, who cannot be legally removed from the parish or union in which


he is receiving relief, notwithstanding that he has not acquired a settlement there. 3 Steph. Comm. 60.
IRREPLEVIABLE. That cannot be re­plevied or delivered on sureties. Spelled, also, "irreplevisable." Co. Litt. 145.
IRRESISTIBLE FORCE. A term ap­plied to such an interposition of human agency as is, from its nature and power, ab­solutely uncontrollable; as the inroads of a hostile army. Story, Bailm. § 25.
IRRESISTIBLE IMPULSE. Used chief­ly in criminal law, this term means an im­pulse to commit an unlawful or criminal act which cannot be resisted or overcome by the patient because insanity or mental disease has destroyed the freedom of his will and his power of self-control and of choice as to his actions. See McCarty v. Com., 114 Ky. 620, 71 S. W. 658; State v. Knight, 95 Me. 467, 50 Atl. 276, 55 L. R. A. 373; Leache v. State, 22 Tex. App. 279, 3 S. W. 539, 58 Am. Rep. 638; State v. Peel, 23 Mont. 358, 59 Pac. 169, 75 Am. St. Rep. 529. And see In­sanity.
IRREVOCABLE. Which cannot be re­voked or recalled.
IRRIGATION. The operation of water­ing lands for agricultural purposes by arti­ficial means.
—Irrigation company. A private corpora­tion, authorized and regulated by statute in sev­eral states, having for its object to acquire ex­clusive rights to the water of certain streams or other sources of supply, and to convey^ it by means of ditches or canals through a region where it can be beneficially used for agricul­tural purposes, and either dividing the water among stockholders, or making contracts with consumers, or furnishing a supply to all who apply at fixed rates.—Irrigation district. A public and quasi-municipal corporation author­ized by law in several states, comprising a de­fined region or area of land which is suscep­tible of one mode of irrigation from a common source and by the same system of works. These districts are created. by proceedings in the nature of an election under the supervision of a court, and are authorized to purchase or condemn the lands and waters necessary for the system of irrigation proposed and to con­struct necessary canals and other works, and the water is apportioned ratably among the land-owners of the district.
IRRITANCY. In Scotch law. The hap­pening of a condition or event by which a charter, contract, or other deed, to which a clause irritant is annexed, becomes void.
IRRITANT. In Scotch law. Avoiding or making void; as an irritant clause. See Irritancy.
IRRITANT CLAUSE. 'In Scotch law. A provision by which certain prohibited acts Bl.Law Dict.(2d Ed.)—42
specified in a deed are, if committed, declared to be null and void. A resolutive clause dis­solves and puts an end to the right of a pro­prietor on his committing the acts so declar­ed void.
IRROGARE. Lat In the civil law. To impose or set upon, as a fine. Calvin. To inflict, as a punishment To make or ordain, as a law.
IRROTULATIO. L. Lat. An enrolling; a record.
IS QUI COGNOSCIT. Lat. The cog-nizor in a fine. Is cui cognoscitur, the cog-nizee.
ISH. In Scotch law. The period of the termination of a tack or lease. 1 Bligh, 522.
ISLAND. A piece of land surrounded by water. Webber v. Pere Marquette Boom Co., 62 Mich. 626, 30 N. W. 469; Goff v. Cougle, 118 Mich. 307, 76 N. W. 489, 42 L. R. A. 161.
ISSINT. A law French term, meaning "thus," "so," giving its name to part of a plea in debt.
ISSUABLE. In practice. Leading to or producing an Issue; relating to an issue or issues. See Colquitt v. Mercer, 44 Ga. 433.
—Issuable plea. A plea to the merits; a traversable plea. A plea such that the adverse party can join issue upon it and go to trial. It is true a plea in abatement is a plea, and, if it be properly pleaded, issues may be found on it. In the ordinary meaning of the word "plea," and of the word "issuable," such pleas may be called "issuable pleas," but, when these two words are used together, "issuable plea," or "issuable defense," they have a technical meaning, to-wit, pleas to the merits. Colquitt v. Mercer, 44 Ga. 434—Issuable terms. In the former practice of the English courts, Hil­ary term and Trinity term were called "issuable terms," because the issues to be tried at the as­sizes were made up at those terms. 3 Bl. Comm. 353. But the distinction is supersed­ed by the provisions of the judicature acts of 1873 and 1875.
ISSUE, v. To send forth; to emit; to promulgate; as, an officer issues orders, pro­cess issues from a court. To put into circu­lation; as, the treasury issues notes.
ISSUE, n. The act of issuing, sending forth, emitting or promulgating; the giving a thing its first inception; as the issue of an order or a writ.
In pleading. The disputed point or quea tion to which the parties in an action have narrowed their several allegations, and upon which they are desirous of obtaining the de­cision of the proper tribunal. When the plaintiff and defendant have arrived at some specific point or matter affirmed on the one side, and denied on the other, they are said to be at issue. The question so set apart Is


called the "issue," and is designated, accord­ing to its nature, as an "issue in fact" or an "issue in law." Brown.
Issues arise upon the pleadings, when a fact or conclusion of law is maintained by the one party and controverted by the other. They are of two kinds: (1) Of law; and (2) of fact. Code N. Y. § 248; Rev. Code Iowa 1880, § 2737; Code Civ. Proc. Cal. § 588.
Issues are classified and distinguished as follows:
General and special. The former is a plea which traverses and denies, briefly and in general and summary terms, the whole declaration, indictment, or complaint, with­out tendering new or special matter. See Steph. PI. 155. McAllister v. State, 94 Md. 290, 50 Atl. 1046; Standard Loan & Ace. Ins. Co. v. Thornton, 97 Tenn. 1, 40 S. W. 136. Examples of the general issue are "not guilty," "non assumpsit" "nil debet," "non est factum." The latter is formed when the defendant chooses one single material point, which he traverses, and rests his whole case upon its determination.
Material and immaterial. They are so described according as they do or do not bring up some material point or question which, when determined by the verdict, will dispose of the whole merits of the case, and leave no uncertainty as to the judgment.
Formal and informal. The former spe­cies of issue is one framed in strict accord­ance with the technical rules of pleading. The latter arises when the material allega­tions of the declaration are traversed, but in an inartificial or untechnical mode.
A collateral issue is an issue taken upon matter aside from the intrinsic merits of the action, as upon a plea in abatement; or aside from the direct and regular order of the pleadings, as on a demurrer. 2 Archb. Pr. K. B. 1, 6, bk. 2, pts. 1, 2; Strickland v. Maddox, 4 Ga. 394. The term "collateral" is also applied in England to an issue raised upon a plea of diversity of person, pleaded by a criminal who has been tried and con­victed, in bar of execution, viz., that he is not the same person who was attainted, and the like. 4 Bl. Comm. 396.
Real or feigned. A real issue is one form­ed in a regular manner in a regular suit for the purpose of determining an actual con­troversy. A feigned issue is one made up by direction of the court, upon a supposed case, for the purpose of obtaining the verdict of a jury upon some question of fact collat­erally involved in the cause.
Common issue is the name given to the is­sue raised by the plea of non est factum to an action for breach of covenant.
In real law. Descendants. All persons who have descended from a common ancestor. 3 Ves. 257; 17 Ves. 481; 19 Ves. 547; 1 Rop. Leg. 90.
In this sense, the word includes not only a child or children, but all other descendants in
whatever degree; and it is so construed gener­ally in deeds. But, when used in wills, it is, of course, subjeet to the rule of construction that the intention of the testator, as ascertained from the will, is to have effect, rather than the technical meaning of the language used by him *, and hence issue may, in such a connection, be restricted to children, or to descendants living at the death of the testator, where such an in­tention clearly appears. Abbott.
In business law. A class or series of bonds, debentures, etc., comprising all that are emitted at one and the same time.
—Issue in fact. In pleading. An issue taken upon or consisting of matter of fact, the fact only, and not the law, being disputed, and which is to be tried by a jury. 3 Bl. Comm. 314, 315; Co. Litt. 126a; 3 Steph. Comm. 572. See Code Civ. Proc. Cal. § 590.—Issue in law. In pleading. An issue upon matter of law, or consisting of matter of law, being produced by a demurrer on the one side, and a joinder in demurrer on the other. 3 Bl. Comm. 314; 3 Steph. Comm. 572, 580. See Code Civ. Proc. Cal. § 589.—Issue roll. In English practice. A roll upon which the issue in actions at law was formerly required to be entered, the roll being entitled of the term in which the issue was joined. 2 Tidd. Pr. 733. It was not, how­ever, the practice to enter the issue at full length, if triable by the country, until after the trial, but only to make an incipitur on the roll. Id. 734.
ISSUES. In English law. The goods and profits of the lands of a defendant against whom a writ of distringas or distress infinite has been issued, taken by virtue of such writ, are called ''issues." 3 Bl. Comm. 280;
1 Chit. Crim. Law, 351.
ITA EST. Lat So it is; so it stands. In modern civil law, this phrase is a form of attestation added to exemplifications from a notary's register when the same are made by the successor in office of the notary who made the original entries.
law is written. Dig. 40, 9, 12. The law must be obeyed notwithstanding the apparent rigor of its application. 3 Bl. Comm. 430. We must be content with the law as it stands, without inquiring into its reasons. 1 Bl. Comm. 32.
ITA QUOD. Lat. In old practice. So
that. Formal words in writs. Ita quod habeas corpus, so that you have the body.
2 Mod. 180.
The name of the stipulation in a submis­sion to arbitration which begins with the words "so as [ita quod] the award be made of and upon the premises."
In old conveyancing. So that. An ex­pression which, when used in a deed, for­merly made an estate upon condition. Litt. § 329. Sheppard enumerates it among the three words that are most proper to make an estate conditional. Shep. Touch. 121, 122.
Ita semper fiat relatio ut valeat dis-positio. 6 Coke, 76. Let the interpretation


be always such that the disposition may pre­vail.
help you God. The old form of administer­ing an oath in England, generally in connec­tion with other words, thus: Ita te Deus adjuvet, et saorosancta Dei Evangelia, So help you God, and God's holy Evangelists. Ita te Deus adjuvet et omnes sancti, So help you God and all the saints. Willes, 338.
Ita utere tuo -at aliexmm son lsedas.
Use your own property and your own rights in such a way that you will not hurt your neighbor, or prevent him from enjoying his. Frequently written, "Sic utere tuo" etc., (9. v.)
ITEM. Also; likewise; again. This word was formerly used to mark the beginning of a new paragraph or division after the first, whence is derived the common application of it to denote a separate or distinct particular of an account or bill. See Horwitz v. Nor-ris, 60 Pa. 282; Baldwin v. Morgan, 73 Miss. 276, 18 South. 919.
The word is sometimes used as a verb. "The whole {costs] in this case that was thus itemed to counsel." Bunb. p. 164, case 233.
ITER. Lat In the civil law. A way; a right of way belonging as a servitude to an estate in the country, (prcedium rusticum.) The right of way was of three kinds: (1) iter, a right to walk, or ride on horseback, or In a litter; <2) actus, a right to drive a beast or vehicle; (3) via, a full right of way, comprising right to walk or ride, or drive beast or carriage. Heinec. § 408. Or, as some think, they were distinguished by the width of the objects which could be rightfully carried over the way; e. g., via, 8 feet; act-
us, 4 feet, etc. Mackeld. Rom. Law, § 290; Bract, fol. 232; 4 Bell, H. L. Sc. 390.
In old English law. A journey, espe­cially a circuit made by a justice in eyre, or itinerant justice, to try causes according to his own mission. Du Cange; Bract, lib. 3, cc. 11, 12, 13.
In maritime law. A way or route. The route or direction of a voyage; the route or way that is taken to make the voyage assur­ed. Distinguished from the voyage itself.
Iter est jus enndi, ambnlandi hominis; non etiam jumentum agendi vel vehien-' lnm. A way is the right of going or walk­ing, and does not include the right of driving a beast of burden or a carriage. Co. Litt. 56a; Inst. 2, 3, pr.; Mackeld. Rom. Law, §318.
ITERATIO. Lat. Repetition. In the Roman law, a bonitary owner might liberate a slave, and the quiritary owner's repetition (iteratio) of the process effected a complete manumission. Brown.
ITINERA. Eyres, or circuits. 1 Reeve, Eng. Law, 52.
ITINERANT. Wandering; traveling; ap­plied to justices who make circuits. Also applied in various statutory and municipal laws (in the sense of traveling from place to place) to certain classes of merchants, traders, and salesmen. See Shift v. State, 84 Ala. 454, 4 South. 419; Twining v. Elgin, 38 111. App. 357; Rev. Laws Mass. 1902, p. 595, c. 65, § 1; West v. Mt. Sterling (Ky.) 65 S. W. 122
TITLE. In old English law. Christmas.

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