The Cyclopedic Law Dictionary

A place used by husbandmen to set their ploughs, carts, and other farming utensils out of the rain and sun. Law Lat. Diet. A shed; a cottage; a mean house.

The master or captain of a hoy, or small coasting vessel. Hoymen are liable as common carriers. Story, Bailm. § 496.

In old English law. A compensation for an assault (transgressio illata) upon a trespassing servant {servus). Supposed to be a mistake or misprint in Fleta for hinegeld. Pleta, lib.

In old English law. A pursuit of one who had committed felony, by the highway. The meaning of "hue" is said to be "shout," from the Saxon huer; but this word also means "to foot,"

In Spanish law. An acre of land, or as much as can be ploughed in a day by two oxen. 2 White, New Coll. 49.

An usher of the court; an officer who serves process. In France, an officer of this name performs many of the duties of an English sheriff or constable. In Canada, there may be man

Humbug is an, imposition, imposture, deception; and as a verb, signifies to impose upon, to cozen, to swindle; all implying intention to misrepresent, by the assertion of what is n

In English law. A division of a county, which some make to have originally consisted of one hundred hides of land; others of ten tithings, or one hundred free families. It differed

In old English law. A hundredary or hundredor. A name given to the chief officer of a hundred, as well as to the freeholders who composed it. Spelman, voc. "Hundredus." HUNDREDARY

An Inferior court, whose jurisdiction extended to the whole territory embraced in a hundred. They were courts not of record; the freeholders were sembled courts baron in all respec

An assembly among the Saxons of the freeholders of a hundred. It met twelve times in the year, originally; though subsequently its meetings became less frequent. It had an extensiv

The inhabitants of a hundred, who, by several statutes, are held to be liable, in the cases therein specified, to make good the loss sustained by persons within the hundred by robb

In old English law. A tax collected from the hundred, by the sheriff or lord of the hundred. Spelman, voc. "Hundredus."

In Saxon law. The dwellers or inhabitants of a hundred. Cowell; Blount. Spelman suggests the reading of sceatena from Saxon sceat, a tax.

The act of pursuing and taking wild animals; the chase. The grant or reservation of "hunting, shooting, fishing and sporting" includes all things generally hunted, shot, fished, or

In English law. A species of sledge, used to draw traitors to execution.

In Spanish law. Theft. White, New Recop. bk. 2, tit. 20.

A man who has a wife.

See "Ship's Husband."

Housebreaking; burglary.

In old English law. A house servant or domestic; a man of the household. Spelman. A king's vassal, thane, or baron; an earl's man or vassal. A term of frequent occurrence in Domesd

In old records. House rent; or a tax or tribute laid upon a house. 3 Mon. Angl. 254; Cowell; Blount.

In English law. The name of a court held before the lord mayor and aldermen of London. It is the principal and supreme court of the city. See 2 Inst. 327; St. Armand, Hist. Essay,

Hue and cry (q. v.).

(Hydraulicing.) The process of mining gold and other precious minerals by forcing water, at great pressure though pipers or hose upon deposits of earth which contain the minerals.

In Scotch law. A right over a subject which is acquired by a creditor while the subject remains in the possession of the debtor.

In civil law. That kind of pledge in which the possession of the thing pledged remains with the debtor; the obligation resting in mere contact. Dig. 1. 3. 7. 9. 2.

In civil law. An hypothecary action; an action for the enforcement of an hyjpotheca, or right of mortgage; or to obtain the surrender of the thing mortgaged. Inst. 4. 6. 7; Mackeld

In civil law. Hypothecary creditors; those who loaned money on the security of an hypotheca (q. v.). Calv. Lex.

To pledge a thing without delivering the possession of it to the pledgee. "The master, when abroad, and in the absence of the owner, may hypothecate the ship, freight, and cargo, t

A right which a creditor has over a thing belonging to another, and which consists in a power to cause it to be sold, in order to be paid his claim out of the proceeds. There are t

A bond given in the contract of bottomry or respondentia.

In French law. Hypothecation; the right acquired by the creditor over the immovable property which has been assigned to him by his debtor as security for his debt, although he be n

Based upon an assumption or hypothesis, as a hypothetical question is one which calls for the opinion of the witness upon facts assumed by the question.

In Roman law. Those who, having been thought dead, unexpectedly returned. They were not per- I, at the beginning of words having the first syllable In, commonly denotes a derivatio

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.