The Cyclopedic Law Dictionary

ET NOLLE PROhibere cum possis. It is the same thing to do a thing as not to prohibit it when in your power. 3 Co. Inst. 158. IDEM EST NIHIL DICERE ET INSUFFIcienter dicere. It is t

ET NON APPArere. It is the same thing not to be as not to appear. Jenk. Cent. Cas. 207. Not to appear is the same thing as not to be. Broom, Leg. Max. 165. IDEM EST NON PROBARI ET

It is the same thing not to exist and not to appear. Jenk. Cent. Cas. 207. IDEM SEMPER ANTECEDENTI PROXImo refertur. Idem always relates to the next antecedent. Co. Litt. 385.

Sounding the same. A term applied to names which are spelled differently, but have substantially the same sound; the difference in spelling being held in such case not to constitut

The establishment of identity (g. v.). IDENTITAS VERA COLLIGITUR EX multitudine signorum. True identity is collected from a number of signs. Bac. Reg. 29.

(Lat.) In English law. The name of a writ which lies for a person taken upon a capias or exigent, and committed to prison, for another man of the same name. This writ directs the s

Sameness; the state of being the same as something described; the fact that a person or thing is the same as it is represented or charged to be. IDEO (Lat.) Therefore. Calv. Lex. I

In medical jurisprudence. A form of insanity, resulting either from congenital defect, or some obstacle to the development of the faculties in infancy. It is an imbecility or steri

A person who has been without understanding from his nativity, and whom the law, therefore, presumes never likely to attain any. Shelf. Lun. 2.

WRIT DE. 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. B

NON trahit ad se quod est magis junctum, sed e contrarlo in omni casu. That which is more remote does not draw to itself that which is nearer, but the contrary in every case. Co. L

SINE FACTO nostro, ad alium transferri non potest. What belongs to us cannot be transferred to another without our act. Dig. 50. 17. 11. But this must be understood with this quali

(Law. Fr.) A church. Kelham. Another form of eglise. IGNIS JUDICIUM (Lat.) In old English law. The judicial trial by fire. IGNITEGIUM (from ignis, fire, and tegere, to cover). In o

Public disgrace; Infamy; reproach; dishonor. Ignominy is the opposite of esteem. IGNORAMUS (Lat. we are Ignorant or uninformed). In practice. The word which is written on a bill by

The lack of knowledge. Ignorance is distinguishable from "error" or "mistake." Ignorance is want of knowledge; error is the nonconformity or opposition of ideas to the truth. Consi

See "Ignorance."

Ignorance; want of knowledge. Distinguished from mistake, error or wrong conception. Mackeld. Civ. Law, § 165. Divided in the civil law into ignorantia facti, ignornace of fact, an

NON JUR- IS sed facti. Ignorance of fact may excuse, but not ignorance of law. See "Ignorance." IGNORANTIA FACTI EXCUSAT; IGNOrantia Juris non excusat. Ignorance of facts Leg. Max.

Ignorance of the law is no excuse. 8 Wend. (N. Y.) 267, 284; 18 Wend. (N. Y.) 586, 588; 6 Paige, Ch. (N. Y.) 189, 195; 1 Edw. Ch. (N. Y.) 467, 472. The true meaning of that maxim i

IGNORATUR et ars. Terms being unknown, the art also is unknown. Co. Litt. 2.

To be ignorant of. Webster. To pass over as if not in existence. A grand jury are said to ignore a bill when they do not find the evidence such as to induce them to make a presentm

In the forest law. The hoxling or hock sinewing of dogs; an old mode jof laming or disabling dogs. Termes de la Ley.

A joinder In error is equivalent to a demurrer to the assignments of error, and raises a question of law whether there are such errors in the record as the assignments of error all

One of the four Roman roads in England.

In Roman law. Things brought into the house by the ten-

Contrary to law. Not ss Tionymous with unlawful (q. v.).

Signifies that which is contrary to the principles of law, and denotes a complete defect in the proceedings. 1 Abb. Pr. (N. S.; N. Y.) 432.

That which is contrary to law. It is usually applied to children born out of lawful wedlock.

A debt or duty that cannot or ought not to be levied. Nihil set upon a debt is a mark for illeviable. ILLICENCIATUS (Lat.) Without license.

A technical expression, which not only means bad character as generally understood, but applies to every person, whatever may be his conduct and character in life, who visits bawdy

What is unlawful; what is forbidden by the law. This word is frequently used in policies of insurance, where the assured warrants against illicit trade. By "illicit trade" is under

Unlawfully. This word has a technical meaning, and is requisite in an indictment where the act charged is unlavirful; as, in the case of a riot. 2 Hawk. P. C. 25, § 96.

An illegal corporation.

Unacquainted with letters.

Incapable of being hired out. ILLUD (Lat.) That. ILLUD QUOD ALIAS LICITUM NON est, necessitas facit licitutn, et necessitas Inducit privileglum quod jure privatur. That which is no

A species of mania, in which the sensibility of the nervous system is altered, excited, weakened, or perverted. The patient is deceived by the false appearance of things, and his r

Such an appointment or disposition of property under a power as is merely nominal, and not substantial.

St. Wm. IV. c. 46, providing that no appointment shall be impeached in equity on the ground that it is unsubstantial, illusory, or nominal.

In English law. In cases of treason, the law makes it a crime to imagine the death of the king. In order to complete the offense, there must, however, be an overt act, — the terms

The act of reducing coin below the standard alloy. See 1 Hale, P. C. 102.

In medical jurisprudence, A form of insanity consisting in mental deficiency, either congenital, or resulting from an obstacle to the development of the faculties, supervening in i

Occasionally used for "embezzle."

See "Embracery."

Not material; not essential or important.

In pleading. A statement of unnecessary particulars in connection with, and as descriptive of, what is material. Gould, PI. c. 3, § 186. Such averments must, however, be proved as

In pleading. An issue taken upon some collateral matter, the decision of which will not settle the question in dispute between the parties in action. For example, if in an action o

At once. "Though in strictness it excludes all mean times, it shall be construed such convenient time as is reasonably requisite for doing the thing." 2 Lev. 77. It is stronger tha

Descents have long been distinguished as mediate and immediate, but these terms are susceptible of different interpretations, whence some 'confusion has been introduced into their

Time out of mind.

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; 2 Mart. (La.) 214;

A nsage which has existed from time immemorial.

In French law. Immovables.

The removing into one place from another. It differs from "emigration," which is the moving from one place into another.

(Lat.) In the civil law. To mix or mingle with; to meddle with; to join with; to take or enter upon an inheritance. Calv. Lex.

(Law Lat.) In old English law. A putting in; introduction. Pleta, lib. 3, c. 15, §11.

(Lat.) In the civil law. To put or let into, as a beam into a wall. Calv. Lex. Dig. 50. 17. 242. 1. In old English law. To put cattle on a common. Fleta, lib. 4, c. 20, § 7.

Immovables follow the law of their locality. 2 Kent, Comm, 67. IMMOBILIS (Lat.) Immovable. Immobilia, or res immobiles, immovable things, such as lands and buildings. Mackeld. Civ.

That which tends to subvert morality or decency. Contracts, etc., tending to sexual immorality furnish the most common examples, but a contract in derogation of religion was held "

One contrary to good morals, and therefore invalid. For example, an agreement in consideration of future illicit cohabitation between the parties (3 Burrows, 1568; 1 Esp. 13; 1 Bos

That which is contra bonos mores. In England, it is not punishable, in some cases, at the common law, on account of the ecclesiastical jurisdictions, e. g., adultery. But except in

In civil law. Property itself or be removed. Poth. des Choses, § 1.

Rights of exemption onlyfreedom from what otherwise would be a duty or burden. 3 Heisk. (Tenn.) 306. An exemption from Serving in an of Sce, or performing duties which the law gene

In Old English Practice. To write the names of jurors on a panel, which is an oblong piece of parchment attached to the venire. This is done by the sheriff, or other officer lawful

Has nothing to do with drawing, selecting, or swearing jurors, but means simply making the list of those who have been selected. 7 How. Pr. (N. Y.) 441. IMPARCARE (Law Lat. from in

The right to impound cattle.

To have delay. Literally, to "speak with" (the plaintiff). The original object of an imparlance was to obtain time for an amicable adjustment. 3 Bl. Comm. 299. But the actual objec

One In possession of a benefice.

The act ot a patron in putting one into possession of a benefice.

To accuse; to question the sufiiciency or genuineness of. To proceed by impeachment (q. v.). In the Law of Evidence. To call In question the veracity of a witness, by means of evid

In English Law. 'The prosecution of a peer or commoner by the house of commons at the bar of the house of lords for treason, high crimes, or misdemeanors. 6 Enc. Laws Eng. 318. In

A restraint from committing waste upon lands or tenements; or a demand of compensation for waste done by a tenant who has but a particular estate in the land gra Yited, and therefo

or IMPESCARE (Law Lat.) To impeach or accuse. CowelL IMPEDIENS (Law Lat.) In old practice. One who hinders; an impedient. The defendant or deforciant in a fine was sometimes so cal

Legal hindrances to making contracts. Some of these impediments are minority, want of reason, coverture, and the like. See "Contract"; "Incapacity." In Civil Law. Bars to marriage.

In Spanish law. A prohibition to contract marriage, established by law between certain persons. The disabilities arising from this cause are twofold, viz.: (1) Impedimento diriment

See "Mandatory."

Emperor. This was the title of the Roman emperor and of the English kings before the Conquest. 1 BI. Comm. 242.

Those which are not, in view of the law, of binding force.

A trust which has not been executed. See "Trust." IMPERII MAJESTAS EST TUTELAE SAlus. The majesty of the empire is the safety of its protection. Co. Litt. 64.

Unskillfulness.

Ignorance or want of skill is considered a fault, i. e., a negligence, for which one who professes skill is responsible. Dig. 60. 17. 132; 1 Bouv. Inst, note 1004; 2 Kent, Comm. 58

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 Tou Ui

See "Impechiare."

Impeachment of waste (q. v.). IMPETRARE (Lat.) In old English practice. To obtain by request, as a writ or privilege. Bracton, fols. 57, 172b. This application of the word seems to

The obtaining anything by prayer or petition. In the ancient English statutes, it signifies a preobtaining of churches benefices in England from the church of Rome, which belonged

Umpire. IMPIERMENT (Law Fr.) Impairing or prejudicing, St. 23 Hen. VIII. c. 9. Blount; Kdham. I M PIG NO RATA (Law Lat.) Pledged; given in pledge (.pignori data); mortgaged. A term

In practice. To sue or prosecute by due course of law. 9 Watts (Pa.) 47. IMPLEADED (Lat. implaeitatus). Sued or prosecuted. Still used in practice. The word is not synonymous with

An inference of something not directly declared, but arising from what is admitted or expressed. See terms defined under "Implied."

Arising by intendment or Inference, rather than by actual expression in words.

See "Abrogation."

See "Assumpsit."

See "Condition."

See "Consideration."

See "Contract."

See "Covenant."

Malice presumed or implied by law from the acts of a party and the circumstances of a case; malice inferred from any deliberate, cruel act committed by one person against another,

By an implied power is meant one that is directly and immediately appropriate to the execution of the specific power granted, and not one that has slight or remote relation to it.

See "Trust."

See "Eesulting Use."

See "Warranty."

In common law. The act of bringing goods and merchandise into a country from a foreign country. 5 Cranch (U. S.) 368; 9 Granch (U. S.) 104, 120; 2 Man. & G. 155, note (a).