Black's Law Dictionary

See Insanity; Pederasty; Sodomy.

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 inc

The fact by means of which a right comes into existence; e. ff., a grant of a monopoly, the death of one's ancestor. Holl. Jut. 132.

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 perpe

1 Forb. Inst. pt. 2, p. 110. In later law. Saisine, or the instrument of possession. Bell.

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 being secured against violation. The persona of ambassadors are inviolable.

Present to the minds of men. and in fnil force and operation.

In the law of negligence, and with reference to trespasses on realty, invitation is the act of one who solicits or incites others to enter upon, remain in or make use of, his prope

See ERROR.

Lat. Being unwilling. Against or without the assent or consent. —Ah invito. By or from an unwilling party. A transfer ab invito is a compulsory transfer. —Invito debitore. Against

A benefit is not cohferred 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.

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 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 s

A book in which invoices are copied. —Invoice price of goods means the prime cost. Le Roy v. United Ins. Co.. 7 Johns. (N. Y.) 343.

the prime cost. Le Roy v. United Ins. Co.. 7 Johns. (N. Y.) 343. Defined under Invoice in Black's Law Dictionary.

An involuntary act ls 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 dure

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

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 under

The unintentional killing of a person by one engaged in an unlawful, but not felonious act. 4 Steph. Comm. 52.

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 C

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, 4

"Involuntary" or "Constructive" trusts embrace all those instances in which a trust is raised by the doctrines of equity, for the purpose of working out justice in the most efficie

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

The initial words of the concluding clause in dceds: "In witness whereof the said parties have hereunto set their hands," etc. A translation of the Latin phrase "in cujus rei testi

The minutest quantity possible. Iota is the smallest Greek letter. The word "jot" is derived therefrom.

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.

Lat. He himself; the same; the very person.

He himself said it; a bare assertion resting on the authority of an individual.

In the identical words; opposed to "substantially." Townsend v. Jemison, 7 How. 719, 12 L. Ed. 880; Summons v. State, 5 Ohio St. 346.

Co. Litt. 174. The laws themselves require that they should be governed by right.

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 i

By the law itself; by the mere operation of law. Calvin.

Anger is a short insanity. Beardsley v. Maynard, 4 Wend. (N. Y.) 336, 355.

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

Lat To go at large; to escape; to be set at liberty.

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

Not according to rule; improper or insufficient, by reason of departure from the prescribed course. As in irregular "Deposit," "Indorsement," "Process," and "Succession," sce those

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 al

Violation or nonobservance of established rules and practices. The want of adherence to some prescribed rule or mode of proceeding; consisting either in omitting to do something th

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 process not

That which is established by law in favor of certain persons, or of the state, in default of heirs, either legal or instituted by testament. Civ. Code La1900, art. 878.

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

In the law of evidence. Not relevant; not relating or applicable to 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 which he is receiving relief, notwithstanding that he has not acquired a settlement the

See 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.

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 diseas

Which cannot be revoked or recalled.

The operation of watering lands for agricultural purposes by artificial means. —Irrigation company. A private corporation, authorized and regulated by statute in several states, ha

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

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 comm

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.

In Scotch law. Avoiding or making void; as an irritant clause. See Irritancy.

In Scotch law. A provision by which certain prohibited acts specified in a deed are, if committed, declared to be null and void. A resolutive clause dissolves and puts an end to th

Lat. In the civll law. To impose or set upon, as a fine. Calvin. To inflict, as a punishment. To make or ordain, as a law.

L. Lat. An enrolling; a record.

In Scotch law. The period of the termination of a tack or lease. 1 Bligh, 522.

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 In R. A. 161.

Lat. The cognizor in a fine. Ia cui cognoscitur, the cognizee.

A law French term, meaning "thus," "so," giving its name to part of a plea in debt.

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.. Lit

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

A plea to the merits; a traversable plea. A plea such that the adverse party can join issue upon it and go to tnal. It is true a plea in abatement is a plea, and, if it be properly

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.

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 ques

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 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. P

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 '

Lat So it ls; 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

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 stan

Lat. In old practice. So that. Formal words in writs. Ita quod habeas corpus, se that you have the body. 2 Mod. 180. The name of the stipniatlon in a submission to arbitration whic

6 Coke, 76. Let the interpretation be always such that the disposition may prevail.

Lat So 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 yo

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., (q. vt)

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

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 wal

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.

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

Wandering; traveling; applied to justices who make circuits. Also applied in various statutory and municipal laws (in the sense of traveling from placo to placo) to certain classes

It is irregular, or legally improper, to pass an opinion upon any part of a sentence, without examining the whole. Hob. 171a.

In old English law. Christman.

The Initial letter of the words "judge" and "justice," for which it frequently stands as an abbreviation. Thus, "J. A.," judge advocate; "J. J.," junior judge; "In J.," law judge;

An abbreviation for "Jacobus," the Latin form of the name James; used principally in citing statutes enacted In the reigns of the English kings of that name; e. g., "St. 1 Jac. II.

Lat. Lying In abeyance, as in the phrase "hœreditas jacens," which is an inheritance or estate lying vacant or in abeyance prior to the ascertainment of the heir or his assumption

Lat. In old English law. It lies in the mouth. Fleta, lib. 5, c. 5, § 49.

A kind of defensive coat-armor worn by horsemen in war; not made of solid iron, but of many plates fastened together. Some tenants were bound by their tenure to find it upon invasi

A gold coin worth 24s., so called from James I., who was king when it was struck. Enc. Lond.

A false boasting; a false claim; assertions repeated to the prejudice of another's right. The species of defamation or disparagement of another's title to real estate known at comm

See Jactitation.

the boasting by a man that he is entitled to certain tithes to which he has legally no title. In medical jurisprudence. Involuntary, convulsive muscular movement; restless agitatio

Lost by default; tossed away. Cowell.

In the civil law. A throwing of goods overboard in a storm; jettison. Loss from such a cause. Calvin.

A throwing goods overboard to lighten or save the vessel, in which case the goods se sacrificed are a proper subject for general average. Dig. 14, 2, "de lege Rhodia de Jactu." And

The throwing down of a stone. One of the modes, under the civll law, of interrupting prescription. Where one person was building on another's ground, and in this way acquiring a ri

A gaol; a prison; a building designated by law or regularly used, for the confinement of persons held in lawful custody. State v. Bryan, 89 N. C. 534. See Gaol.

See Gaol.

A keeper or warden of a prison or jail.