A Dictionary of Law

A view; regard; contemplation. Diverso iniuitu, (q.v.,) with a different view.

‘The overflow of waters by coming out of their bed.

To take effect; to result.

Use; user; service to the use or benefit of a person. 100 U.S. 583. Inutilis labor et sine fructu non est effectus logis. Useless and fruitless labor is not the effectof law. Co. L

Without object; without concomitants or coherence.

Te pledge or mortgage lands.

One who is under pl one who has had sureties or pledges for him. Spelman.

In gage or pledge. 2 Bi. Comin. 157.

Vain; inadequate to its pose; not of binding force or legal elli lacking in authority or obligation.

An encroachment upon th rights of another; the incursion of an arm; for conquest or plunder. Webster.

The inquisition of ser. jeanties and knights’ fees. Cowell.

Lat, In the civillaw. Things carried in and broughtin, Articles brought intoa hired tenement by the hirer or tenant, and which became or were pledged to the lessor as security for

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 ap

In the civillaw. Finding; one of the modes of acquiring titie to property by occupancy. Heinecc. lib. 2, tit. 1, § 350.; In old English law. A thing found; as goods, or treasure-tr

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

Fr. In his mother’s womb; spoken of an unborn ebild. In veram quantitatem fidejussor teneatur, nisi pro certa quantitate accessit. Let the surety be holden for the true quantity, u

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

The attribute of if secured against violation. The persons of ambassadors are inviolable.

Fresent to the minds of men, and in full force and operation. IN WITNESS WHEREC?. The initial words of the concluding clause in deeds: hereunto set their hands,” ete. A translation

Lat. Being unwilling, Against or without the assent or consent. Invito beneficium non datur. <A benefit is not conferred on one who is unwilling to receive it; that is to say, no o

Against the will of the debtor.

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,

In commercial law. An ac count of goods or merchandise sent by merchants to their correspondents at home or abroad, in which the marks of each package, with other particulars, ares

A book in which invoices are copied. INVOICE PRICE of goods means the prime cost. 7 Johns. 343.

An involuntary act is that which is performed with constraint (q. v.) or with repugnance, or without the will todoit. An action is involuntary, then, which is performed under dures

In Scotchlaw. The assulmption of authority over another's property, either legally or illegally. The irregular intermeddling with the effects of a deceased person, which subjects t

Inold Englishlaw. A close or inclosure, (elausum, inelausura.) Spelman.

In thie first production of a will, or ¢ it with the registrar, in order to Cowell; Blount.

The minutest quantity possible. Iota is the smallest Greek letter. The word “jot” is derived therefrom. Ips leges cupiunt ut jure regantur, Ca. Litt. 174. The laws themselves requi

A memorandum of debt, consisting of these letters, (“1 owe you,”) a sum of money, and the debtor’s signature, is termed an “I O U.”

Disare cupable of being transmitted diate or immediate contact.

He himse!f said it; a bare assertion resting on tha authority of an individual.

In the identical words; opposed to “substantially.” % How. 719; 5 Ohio St. 346.

By the law itself; by the mere operation of law. Calvin, Ira furor brevis est. Anger is a short insanity. 4 Wend. 336, 355.

Moved or excited by anger or passion. A term sometimes formerly used in the plea of son assault demesne. 1 Tidd, Pr. 645.

To goat large; to escape; to be set at liberty.

In Roman law. An ofiicer whose duties are described in Dig. 5, 4,18, 7. See Id. 48, 3, 6; Cod. 10, 75. Literally, a peace-oflicer or magistrate.

Not according to rule; improper or insufficient, by reason of departure from the preseribed course,

A species of deposit which arises when a party, having a sum of money which he does not think safe in his own hands, confides it to another, (e.g., a bank,) who is to return to him

Sometimes the term “irregular process” has been defined to mean process absolutely void, and not merely erroneous and voidable; but usually it has been applied to all provess not i

The absence of fi quality of relevancy in evidence or pleadin Irrelevancy, in an answer, consists in statem¢ which are not material to the decision of the such as do not form or te

In thelaw of evidence. Not relevant; not relating or applicabl the matter in issue; not supporting the issue,

The status of a pauper in England, who cannot be legally removed from the parish or union in whith he is receiving relief, notwithstanding that he has not acquired a settlement the

This phrase does not mean such an injury as is beyond the possibility of repair, or beyond possible compensation in damages, or neces. sarily great damage, but includes an injury,

That cannot be replevied or delivered on sureties. Spelled, also, “irreplevisable.” Co. Litt. 145.

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.

Which cannot be revoked or recalled.

The operation of watering lands for agricultural purposes by artificial means. or other dead, to which a annexed, becomes yoid. In Scotch law. Avoiding 1; as an irritant clanse. Se

or PARLIAMENT. Whatever obstructs or tends to obstruct the dua course of proceeding of either house, or ¢ grossly reflects on the character of a member of either house, or imiputes

A law French term, meaning »” “so,” giving its name to part of a n debt.

A plea to the merjis; atraversuble 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 proper

In the former practice of the English courts, Hilary term and Trinity term were called “issuabie terms,” because the issues to be tried at the assizes were made up at those terms.

The jury are bound to give their verdict for that party who, upon the evidence, appears to them to have succeeded in establishing his side of the issue. But there are cases in whic

n. The ret of issuing, sending forth, emitting, or promulgating; the giving a thing its lirst inception; as the issue of an order or a writ, In pleading. Thedisputed point or quest

Im 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.

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 S

In English law. The goods and protits of the lands of a defendant against whoma writ of @istringas or distress infinite has been issued, taken by virtue of such writ, are called “i

Lat. So it is; so it stands. In modern civil law, this phrase is a form of attestation added to exemplifieations froma nolary’s register when the same are made by the successor in

Lat. So the 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

In old practice. 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

Lat. So — aaa help you God. The old form of administering an oath in England, generally in counéction with other words, thus: Ita te Deus adjuvet, et sacrosancta Det Evangelia, So

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

In the civil law. A way; a right of way belonging as a servitude to an a estate in the country, (predium rustieum.) The right of way was of three kinds: (1) tier, a right to walk,

Repetition. Inthe Roman law, a bonitary owner micht liberate a slave, and the quiritary owner's repetition (iteratio) of the process effected a complete manumission. Brown.

Eyres, or circuits. 1 Reeve, Eng. Law, 52.

Wandering; traveling; applied to justices who make circuits. J. J. The initial letter of the words “judge” JACTITATION OF MARRIAGE. I and “justice,” for which it frequently stands

An ancient writ whereby the king commanded the justices in eyre to admit of an attorney for the defense of another’s liberty. Reg. Orig. 19.

Lat. That nothing shall be done (put or erected) in a public place or way. The title of an interdict in the Roman law. Dig. 43, 8.

The y of four volumes by Lord Coke, pub- ‘A. D. 1628. The first is an extensive nt upon a treatise on tenures, comed by Littleton, a judge of the common temp, Edward TV. This comme

Inchambers; in private. A cause is said to be heard iz camera either when the hearing is had before the judge in his private room, or when all spectators are excluded from the cour

For pious uses; for religious purposes. 2 Bl. Comm, 505,

Anabbreviation for “Jacobus,” the JACTURA. In the civil law. <A tlirow- Latin form of the name James; used princi- ing of goods overboard in a storm; jettison. pally in citing stat

Lat. Lying in abeyance,

An inherit- down of astone. One of the modes, under ance in abeyance, See H®repi TaAs J ACENS. SS the civil law, of interrupting prescription.

In old English law. Where one person was building on another's Ht lies in the mouth. Fletu, lib. 5, e 5, ee ground, and in this way acquiring a right by § 49. usucapio, the true ow

<A kind of defensive coat-armor by throwing down one of the stones of tie worn by horsemen in war; not made of solid building befure witnessea called for the fron, but of many plat

A gold coin worth 24s., 30 confinement of persons held in lawful cusealled from James 1, who was king when it tudy. See GAor was struck. Ene. Lond. ee

A false boasting; a

<A throwing goods overboard “St. 1 Jae. 11.” Used also in citing the seeto ligliten or save the vessel, in which ease ond part of Croke’s reports; thus, “Cro, Jac,” ee the goods so

The throwing

In old English law. The remuneration to the proprietor of a domain for the privilege of feeding swine under the oaks and beeches of his woods, #AGROTO. Lat. Being sick or indispose

See Gaout DELr¥-

The wings or side aisles of a church. Blount.

Leg-arnior. Blount. janu) a remedy for this injuryis provided under the name of an “action of jactitation.” JAMMA, JUMMA. In Hindu law. Total amount; collection; assembly, The JACT

Fr. I have failed; I am in error. An error or oversight in plead- Certain statutes are called “statutes of amendments aud jeofailes” because, where a pleader perceives any slip in

In the civil law. The age next to infancy; the first half of the period of childhood, (puerttia,) extending from seven years to ten and ahalf. Inst. 3, 20, 9; 4 Bl. Comm. 22. #TAS

To judgment; to court. um provecare,; to summon to court; ence an action; a term of the Roman Dig. 5, 1, 18, 14.

The aggregate of of procedure or practice. As opposed £ body of law which the courts are established to administer, (called “substantive law,”) it means the rules according te whic

Lynch law. ‘SEMAN. In old records. Yeoman. Cowell; Blount.

Danger; hazard; peril. inal action incurs when a valid {indictment has been found, and a petit jury has been impaneled and sworn to try the case and give a verdict.

Inthe civil law. Eguity, as opposed to strictum or summum jus, (g. bv.) Otherwise called aquum, aquum bonum, equim et bonum, equum et justum. Calvin. Aigquites agit in personam. Eq

In Englishlaw. An officer of the custom-house who oversees Lhe waiters. Techn. Dict.

Jn old English law. Esnecy; the right or privilege of the eldest born. Spelman; Glany. lib. 7, ¢. 3; Fleta, lib. 2, ¢. 66, §§ 5, 6.

A large brass candlestick, usually hung in the middle of a church or choir. Cowell.

Fr. In French law. Jettison. Ord. Mar. liv. 3, 1it. 8; Emerig. Traité des Assur, e. 12, § 40.

In French law. Speculation in the public funds or in stocks; gambling speculations on the stock exchange; dealings in “options” and “futures,”

By “jewels” are meant ornaments of the person, such as ear-rings, pearls, diamonds, etc., which are prepared to be worn. Brown, Ch. 467. See, farther, 43 N. Y. 539; 36 Barb. 70; 14

The whole of a thing which is to be done. “To build by plot, or to work by the job, is to undertake a building for a certain stipulated prices.” Civil Gode La. art. 2727. M éxchang

Inold Englishlaw. Jewels. This term was formerly mors properly applied to those ornaments which women, although married, calltneirown. When these jocalia are not suitable fo her de

A little manor or farm. Cowell.