A Dictionary of Law

A party, plaintiff or defendant, who sues out a writ or other process, or appears to conduct his cage in court himself, instead of through a solicitor or counsel, is said to act an

IN REM. In the Roman Jaw, from which they are taken, the expressions “iz rem” and “in personam” were rected against or with reference to a specifi person, while an act or proceedin

Infull fe. Yearb. P. 18 Hen. VI. 2.

In fall. county court. 3 Bl. Comm. 36.

In public; in common knowledge; in the light of day. more favorable interpretation should be ted. Dig. 50, 17, (197,) 155, 2; Plowd. 124; 2 Hale, P. C. 365. 6b,

In possibility; not in actual existence. See In Esse.

Inthe er Of a parent. Inst. ], 8, pr.; Id. 1, 9; Comm. 498.

In the first place. A phrase used in argument.

At the beginning.

In coufirmation or attestation of the premises. A notarial phrase. In preeparatoriis ad judicium favetur actori. 2 Inst. 57. In things preceding judgment the plaintiff is favored.

In readiness; alt hand. In propria causa nemo judex. Noone can be judge in his owneause. 12 Coke, 13.

In one’s ee 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. 23386; Wing. Ma

In equal hand; held equally or indifferently between two parties. Where an instrument was depositad by the parties to it in the hands of a third person, to keep on certain conditio

In equal hand. Fleta, lib. 3, ¢. 14, § 2.

In English practice. An inquiry 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 commis

In Romantaw. 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 es

An authority given to some official person to institute an inquiry concerning the crown’s interests,

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 unkno

Inold English law. An inquisition or inquest. Jngwisiiio posé mor tem, an inquisition after death. An inquest of office held, during the continuance of the military tenures, upon t

In practice. An inquiry or inquest; particularly, an investigation of certain facts made by a sheriff, to gether with a jury impaneled by him for the purpose.

A designation of sheriffs, coroners super visum corporis, and the like, who have power to inquire into certain matters. f

In the affair; in the matter of. This is the usual method of entitling a judicial proceeding in which there are not advera bankrupt’s estate, an estate in the probate court, a prop

A technical term used to designate proceedings or actions instituted against the thing, in contradistinction to personal actions, which are said to be in pe7sonam. Sea In Personam.

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

In the nature of things; in the realm of actuality; in existence. Ina dilatory plea, an allegation that the plaintiff is not tn rerum natura is equivalent to averring that the pers

A form of “enroll,” used in the oldbooks. 3 Rep. Ch. 63, 73; 3 East, 410.

See ENROLLMENT.

Unsound in mind; of unsound mind; deranged, disordered, or diseased in mind. Violently deranged; mad.

A manifestation of disease of the brain, characterized by a general or partial derangement of one or nore faculties of the mind, and in which, while conscicusness igs not abolished

Lat. In the civil law. To subseribe an accusation. To bind one’s self, in case of failure to prove an accusation, to suifer the same punishment which the accused would have suffere

In the writing-case of the judge; among the judge’s papers. “That is a thing that rests in serinto judicis, and does not appear in the body of the decree.” Plardr. 51.

Lat. In the civil law. A written accusation in which the accuser undertakes tosuffer the punishment appropriate to the offense charged, if the accused is able to clear himself of t

The name given by the old English law te any written instru-

In pleading. Unintel ligible; without sense or meahing, from omission of material words, etc. Steph. Ph 377,

In several; in severalty. Fleta, lib. 2, ¢. 54, § 20.

In old records. An in ditch; an interior ditch; one maile within another, for greater security. Spelman,

Lat, Highwaymen; persons who lie in wait in order to commit some feiony or other iis demeanor.

Ensivnsorarmms; distinctive marks; badges; indicia; characteristivs.

Anevil counsellor, Cowell.

Evil advice or counsel. Cowell.

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 GuNERALI PASSAGIO.

Lat. Together; joinily, Townsh. Pl. 44.

They accounted together. The name of the count in assumpsit upon an account stated; it being averred that the parties had settled their accounts tugetiier, and defendant engaged to

One species of the writ of formedon brought against a stranger by a coparcener on the possession of the ancestor, ete. Jacob.

In Spanish law. The presentation of a public document to a com. petent judge, in order to obtain his approbas tion and sanction of the same, and thereby give it judicial authentici

Lat. In the civil law. To put into; to deposit a writing in court, answering nearly to the modern expression “to file.” Sé non mandatum actis insinuatum est, if the power or author

Lat. In old English law. Information or suggestion. 2x iusinwatione, on the information, Reg. Jud. 25, 50.

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 ap-

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. Possession

For the whole. Si plures sint fidejussores, quotquot erunt naumero, singuli in solidum tenentur, if there be several sureties, however numerous they may be, they are individually b

In the soil or ground. Jn solo alieno, in another’s ground. Jn solo proprio, in one’s own ground. 2 Steph. Comm, 20.

Specific; specifically. Thus, to decree performance tm specie is to dceree specific performance, in kind; in the same or like form. <A thing is said to exist i specie when it re ta

The examination or testing of food, fluids, or other articles made subject by law to such examination, to asof public records and documents; or of the books and papers of his oppon

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

Laws authorizing and direeting the inspection and examination of various kinds of nerchandise intended for sale, especially food, with a view to ascertaining ifs fitness for use, a

This phrase refers to the right of a party, in a civil aclion, to inspect and make copies of documents which are essential or material to the maintenance of his cause, and which ar

Officers whose duty it is to examine the quality of certain articles of merchandise, food, weights und measures, ele.

DEED OF. In English law. An instrument entered into between an insolvent debtor and his ereditors, appointing one or more persons te inspect and oversee the winding up of such inso

Lat. In old English law. We have inspected. An exemplilication of letters patent, so called from the emphatie word of the old forms. 5 Coke, 538,

The ceremony of inducting or investing with any charge, office, or rank, as the placing a bishop into his see, adean or prebendary into his stall or seat, or a knight inte his orde

Different portions

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 imstanee and request.” In the civil and French

In English law. That division or department of the court of admiralty which exercises all the orcinary adiniralty jurisdiction, with the single exception of prize cases, the latter

In Spanishlaw. Theinstitution and prosecution of a suit from its commencement until definitive judgment, The first instance, “primera instancia,” isthe prosecution of the suit befo

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

Lat. Likeness; the likeness, pize, or equivalent of a thing. IJnstar dentium, like teeth. 2 Bl. Comm. 295. Jnstar

In the condition in which it was. See STATUS Quo. sunt. In the construction of s wards are interpreted against the ng them. Thus, the construction fpulatio is against the stipulato

In old English di A stock or store of cattle, and other the whole stock upon a farm, ineluding fle, wagons, plows, and all other implen of husbandry. 1 Mon. Angi. 5486; F lib. 2, c

Incitation; urging; « licitation. The act by which one incites at other to do something, as to commit sot crime or to commence a suit,

To plant or establish

In the law of intestate cession. According to the roots or stocks; tepresentation; as distinguished from guecession per captia. See PER STIRPES; ‘Per Carira.

Lat. In th civillaw. The name of an action given those who had contracted with an insti (gq. v.) to compel the principal to perfornianee, Inst, 4, 7, 2; Dig. 14, 3,1; Story, Ag. §

The charge given to a clerk to manage a shop or stor, 1 Bell, Comm. 506, 507.

v. To inaugurate or com. mence; as to institute an action, To nominate, constitute, or appoint; ag to institute an heir by testament. Dig. 28, 5, 65.

2. In the civil law. person named in the will as heir, but with 1 direction that he shall pass over the estate to another designated person, called the “substi tute.” In Seotch law

A name sometimes glyen to text-books containing the elementary principles of jurisprudence, arranged in an orderly and systeinalic manner. For example, the Institutes of Justinian,

An ele mentary work of the Roman jurist Gains; important a3 haying formed the foundation of the Institutes of Justinian, (g.v.) These Institutes were discovered by Niebuhr in 1816,

Lat. In Ro- 5 manlaw, Theappointment of the Aresin the ll. Jt corresponds very nearly to the nomtion of an executor in English law. Withsuch an appointment the will was void atlaw,

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 entitle

To convey information as aclient to an attorney, or as an attorney to a counsel; to authorize one to appear as advoeate; to give a case in charge to the jury.

In french criminal law. ‘The first process of a criminal prosecution. It includes the examination of the ac cused, the preliminary interrogation of witnesses, collateral investigat

In common law. Orders 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

A written document; In the law of evidence. Anything which may be presented as evidence to Lhe senses of the adjudicating tribunal. Theterm “instruments of evidence” includes not m

That kind of evidence which consists of writings not under seal; as court-rolls, accounts, and the like. 8 Co. Litt. 487.

The document by which an appeal is brought in an l’nglish matrimonial catise from the president of the probate, divorcee, and admiralty division to the fullcourt, It is analogous t

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 compri

Aninstrument in Scotland by which the delivery of “saisine” (t.e., seisin, or the feudal possession of Jand} is attested. It is subscribed by a notary, in the presence of witnesses

In aid. In suo quisque negotio hebetior est quam in aliono. Every one is more dull ‘in his own business than in another's.

A quantity of corn paid by those who are thirled toa mill. See 'THIRLAGE.

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, churges, or interrogato

An island; a house not connected with other houses, but separated by a surrounding space of wround. Calvin.

Moreover; over and above. An old exchequer term, applied to a charge made wpov a person in his account. Blount,

A broker through whose agency insurances are effect ed. 3 Kent, Comm. 260. See Broker.

A corpo ration or association whose business is to

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 t

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 th

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 t

In so much; so much; ES #0 far; so greatly. Reg. Orig. 97, 106.

Whole; untouched. es tniegra means a question which is new and undecided. 2 Kent, Comm. 177.