Black's Law Dictionary

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 dama

That which, under the established rules of law, cannot be admitted or received; e. g., parol evidence to contradict a written contract.

Against an adverse, unwilling or resisting party. "A decree not by consent, but in adversum." 3 Story, 318.

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 affec

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 c

In another's land, 2 Steph. Comm. 20.

In another place.

3 Inst. 138. In high treason no one can be an acoessary but only principal.

In alternatives the debtor has the election.

In an ambiguous expression of law, that signification is to be preferred which is consonant with equity, especially when the spirit of the law can be collected from that Dig. 1, 3,

In doubtful cases the presumption is always in favor of the king.

In ambiguous expressions, the intention of the person using them Is chiefly to be regarded. Dig. 50, 17, 96; Broom, Max. 567.

In England there is no interregnum. Jenk. Cent. 205; Broom, Max. 50.

In open daylight; In the day-time. 9 Coke, 65b.

Among the subtleties or extreme doctrines of the law. 1 Kames, Eq. 190. See Apex Juris.

At the pleasure of the judge.

In close and safe custody. 3 Bl. Comm. 415.

In a moment; immediately. Cod. 1, 34, 2.

In the article of death; at the point of death. Jackson v. Vredenbergh, 1 Johns. (N. Y.) 159.

2 Rolle R. 82. In more atrocious crimes the intent is punished, though an effect does not follow.

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 prelat

In Fr. In another's right. As representing another. An executor, administrator, or trustee sues in autre droit.

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 existenco or life at a given moment of time, as, in the phrase "Ilfe or lives in being" in the rule against perpetuities. An unbarn child may, in some circumstances be considere

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 Steph. Comm. 164.

In old records. Profit or product of ground. Cowell.

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 carg

Among the goods or property; in actual possession. Inst. 4, 2, 2. In bonis defuncti, among the goods of the deceased.

In Saxon law. A security, pledge or hypotheca, consisting of the chattels of a person unable to obtain a personal "borg," or surety.

An uninclosed common, marked out, however, by boundaries.

As a whole; as an entirety, without division into items or physical separation in packages or parcels. Standard Oil Co. v. Co.m., 119 Ky. 75, 82 S. W. 1022; Fitz Henry v. Munter, 3

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 cour

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 In H. A. 58; Drews' Appeal, 58 N. H.

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,

In chief. 2 Bl. Comm. 60. Tenure in capite was a holding directly from the king."

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

To make a building serve as a castle. Jacob.

Hale, P. C. 54. In cases of extreme necessity, everything is in common.

In a (or the) case provided. In tali casu editum et provisum, in such case made and provided. Townsh. PI. 164, 165.

In the cause, as distinguished from in initialibus, (q. v.) A term in Scotch practice. 1 Brown, Chi 252.

Ink. Fleta, 1. 2, c. 27, § 5.

A thing done unwarily (or unadvisedly) wlll be taken as not done. Dig. 28, 4, 1.

A house-burner; one guilty of arson; one who maliciously and willfully sets another person's bnilding on fire.

Cod. 4, 2, 11. A fire does not release a debtor from his debt

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 Hote

Uncertain things are held for nothing. Dav. In. K. B. 33.

1 Rolle R. 465. An uncertain quantity vitiates the act

The crime of sexual intercourse or cohabitation between a man and woman who are related to each other within the degrees wherein marriage is prohibited by law. Pcople v. Stratton,

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

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.

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 no

To give or grant, and assure anything by a written instrument.

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 capit

Imperfect; unfinished; begun, but not completed; as a contract not executed by all the parties. —Inchoate instrument. Instruments which the law requires to be registered or recorde

A wife's interest in the lands of her husband during his life, which may become a right of dower npdn his death Guerin v. Moore, 25 Minn. 465; Dingman v. Dingman, 39 Ohio St. 178;

Instruments which the law requires to be registered or recorded are said to be "inchoate" prior to registration, iu that they are then good only between the parties and privies and

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.

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 be sold are divided into l

The unit for the measurement of a volume of water or of hydraulic power, being the quantity of water which, under a given constant head or pressure, will escape through an orifice

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

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 leg

Lat. 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

Burning to ashes; destruction of a substance by fire, as, the corpse of a murdered person.

Lat It is begun; it begins. In old practice, when the pleadings in an action at law, instead of being recited at large on the issue-roll, were set out merely by their commencements

In medical jurisprudence. A cut or incision on a human body; a wound made by a cutting instrument, such as a razor. Burrill, Circ. Ev. 693; Whart. & S. Med. Jur. § 808.

To arouse; stir up; instigate; set in motion; as, to "incite" a riot. Also, generally, in criminal law to instigate, persuade or move another to commit a crime; in this sense nearl

Lat. Irregular; improper; out of the due course of law.

It is improper, without looking at the whole of a law, to give judgment or advice, upon a view of any one clause of it. Dig. 1, 3, 24.

In civll matters agency (or service) excuses, but not so in criminal matters. Lofft, 228; Tray. Lat. Max. 243.

Uhfriendliness to the state or government of which one is a citizen.

In things obvious there is no room for conjecture.

In old records. A home close or inclosure near the house. Paroch. Antiq. 31; Cowell.

To shut up. "To inclose a jury," in Scotch practice, is to shut them up in a room by themselves. Bell. See Union Pac. By. Co., v. Harris, 28 Kan. 210; Campbell v. Gilbert, 57 Ala.

Lands which are actually inclosed and surrounded with fences. Tapsell v. Crosskey, 7 Mees. & W. 446; Kimball v. Carter, 95 Va. 77, 27 S. E. 823, 38 L. R. A. 570; Daniels v. State,

In English law. Inclosure ls the act of freeing land from rights of common, commonable rights, and generally all rights which obstruct cultivation and the productive employment of

The inclusion of one is the exclusion of another. The certain designation of one person is an absolute exclusion of all others. 11 Coke, 58b.

Embraced; comprehended; comprehending the stated limits or extremes. Opposed to "exclusive." —Inclusive survey. In land iaw, one which includes within its boundaries prior claims e

In land iaw, one which includes within its boundaries prior claims excepted from the computation of the area within such boundaries and excepted in the grant. Stockton v. Morris, 3

Criminative evidence; that which tends, or is intended, to establish the guilt of the accused.

A proctor or vicar.

Lab In the civil law. An inhabitant; a dweller or resident. Properly, one who has transferred his domicile to any country.

Residence creates domicile. Arnold v. United Ins. Co., 1 Johns. Cas. (N. Y.) 363, 366.

The return in money from one's business, labor or capital invested; gains, profit or private revenue. Braun's Appeal, 105 Pa. 415; Pcople v. Davenport, 30 Hun (N. Y.) 177; In re Sl

See Income. —Indirect taxes are those demanded in the first instance from one person in the expectation and intention that he shall indemnify himself at the expense of another. "Or

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.

In the contract of loan, a stipulation not to be liable for fraud is not valid. Dig. 13, 7, 17, pr.

An inconvenience does not destroy an argument.

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

In common. Fleta, lihi 3, c. 4, § 2.

In Spanish law. The condition of a prisoner who is not permitted to see or to speak with any person visiting him during his confinement. A person accused cannot be subjected to thi

Not capable of or entitled to be commuted. See Commutation.

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 incompat

Lack of ability, legal qualification or fitness to discharge the required duty. In re Leonard's Estate, 95 Mich. 295, 54 NW. 1082; In re Cohn, 78 N. Y. 252; Stephenson v. Stephenso

Evidence Which is not admissible under the established rules of evidence; evidence which the law does not permit to be presented at ali, or in relation to the particular matter, on

That which may be disproved or rebutted; not shutting out further proof or consideration. Applied to evidence and presumptions.

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, bath parts must be performed.

In consideration of the premises. 1 Strange, 535.

In consideration thereof. 3 Salk. 64, pi. 5.

In consideration or contemplation of law; in abeyance. Dyer, 102b,

Hardr. 65. In similar cases the remedy should be similar.