The Cyclopedic Law Dictionary

A written instrument containing a true account of the cargo of a ship or a commercial vessel. As to the requirements of the United States laws in respect to manifests, see 1 Story,

NE dolus praestetur, rata non est. If in a, contract for a loan there is inserted a clause that fraud should not be accounted of, such clause is void. Dig. 13. 7. 17. IN COMMUNI (L

The mode by which one set of persons, members of a corporation aggregate, acquire the rights of another set which preceded them. This term in Strictness is to be applied only to su

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

Incapability of existing or being exercised together. Thus, the relations of landlord and of tenant cannot exist in one man at the same time in reference to the same land. Two Cons

Of Officers. Lack of ability or fitness to discharge the required duty. Judges and jurors are said to be incompetent from having an interest in the subject matter. A judge is also

Not finally decisive. Inconclusive presumptions are capable of being overcome by opposing proof. 3 Bouv. Inst. 3063.

OPORTET UTRAMque partem esse veram. In conjunctives, each part must be true. Wingate, Max. 13. IN CONSIDERATIONE INDE (Law Lat.) In consideration thereof. 3 Salk. 64, pi. 5. IN CON

(Lat.) In the civil law. Unadvisedly; unintentionally. Dig. 28. 4. 1.

Impudicity; indulgence in unlawful carnal connection. INCORPORALIA BELLO NON ADQUiruntur. Things incorporeal are not acquired by war. 6 Maule & S. 104.

BENIGNA; IN TEStamentls, benlgnlor; in restltutlonibus, benignlsslma interpretatio faclenda est. In contracts, the interpretation or construction should be liberal; in wills, more

REI VERITAS POtius quam scriptura perspici debet. In contracts, the truth of the matter ought to be regarded, rather than the writing. Code, 4. 22. 1. IN CONTRACTIBUS TACITE INSUNT

Interest reserved from the amount lent at the time of making a loan. An allowance sometimes made for prompt payment. As a verb, it is used to denote the act of giving money for a b

A fiction of law whereby an act done at one time operates as if done at another time. 79 111. 467. An act so operating is said to do so by relation. All the several parts and cerem

AMbiguum pactum contra vendltorem Interpretandum est. In negotiating a sale, an ambiguous agreement is to be interpreted against the seller. Dig. 50. 17. 172; Id. 18, 1, 21. IN CON

Persons who receive a voluntary conveyance. It is a general rule of the courts of equity, that they will not assist a mere volunteer who has a defective conveyance. Fonbl. Eq. bk.

(1) To form into a corporation; to procure or to grant a corporate franchise. (2) To include in any writing the contents of any other writing, whether by actual insertion, or by me

The act of creating a corporation. In Civil Law. The union of one domain to another.

A removal of an official agent of a corporation from the station assigned to him before the expiration of the term for which he was appointed. 6 Conn. 532. The term is distinguishe

Having no body or corpus; not material or tangible; not an object of sense, but existing solely in contemplation of law.

A class of 'incorporeal rights growing out of or incident to things personal; such as patent rights and copyrights. 2 Steph. Conun. 72,

Anything, the subject of property, which is inheritable, and not tangible or visible. 2 Wooddeson, Lect. 4. A right issuing out of a thing corporate, whether real or personal, or c

A species of rogue or offender, described in St. 6 Geo. IV. c. 83, and St. 1 & 2 Vict. c. 38. 4 Steph. Comm. 309.

COSTS OF. In English law. It was formerly a practice with the jury to award to the successful party in an action the nominal sum of 40s. only for his costs; and the court assessed

In old English law. Increase; addition; accretion. Cowell.

PROBATIONES DEbent esse luce clariores. In criminal cases, the proofs ought to be clearer than the light. 3 Inst. 210. IN CRIMINALIBUS SUFFICIT GENERAlls malltia intentlonis cum fa

A union of men for the purpose of violating the law; a conspiracy (q. V.) In Patent Law, A union of different elements. A patent may be taken out for a new combination of existing

See "Encroachment."

In testimony whereof.

To impute blame or guilt; to accuse.

In the law of evidence. Going or tending to establish guilt; intended to establish guilt; criminative. Burrill, Circ. Ev. 251, 252.

Prom the verb incumbo, that is, to be diligently resident; and when it is written encumbent, it is falsely written. Co. Litt. 119b. See Termes de la Ley. One who is in possession o

Any right to, or interest in, land which may subsist in third persons, to the diminution of the value of the estate of the tenant, but consistently with the passing of the fee. 5 C

One who holds an incumbrance upon another's estate.

To become subject to; to bring on. 4 Denio (N. Y.) 103. "Men contract debts; they incur liabilities." 15 How. Pr. (N. Y.) 48.

or INCURRAMENTUM. To become liable to or subject to. Cowell.

In the custody of the law. A term applied to property which has been lawfully seized by or committed to the care of an officer of a court for some purpose incident to an action. 10

Thereof; therefrom; therefore or therewith. INDE DATAE LEGES NE FORTIOR OMnfa posset. Laws were made lest the stronger should have unlimited power. Dav. 36. title of the plea subst

A word of large meaning. It is used to denote almost every kind of pecuniary obligation originating in contract. 12 R. L 179. The state of being in debt, without regard to the abil

An act tending to obscenity. "The term [indecent] is said to signify more than 'indelicate,' and less than 'immodest,' — to mean something unfit for the eye or ear." 12 Fed. 671. p

Not tlthable.

That which cannot be defeated or undone. This epithet is usually applied to an estate or right which cannot be defeated. INDEFENSU8 (Lat.) One sued or impleaded who refuses or has

See "Failure of Issue."

A number which may be increased or diminished at pleasure. When a corporation is composed of an indefinite number of persons, any number of them consisting of a majority of those p

That which a debtor who owes several debts to a creditor makes without making an appropriation. In that case the creditor has a right to make such appropriation. INDEFINITUM AEQUIP

In fault; culpable; guilty. See "In Pari Delicto."

To save harmless; to secure against loss or damage; to make good; to put one in the situation he was in before sustaining a loss. INDEMNIS (Lat.) Without loss, damage, or harm.

The person who is protected by a contract of indemnity.

The person who, by a contract of indemnity, agrees to protect another.

That which is given to a person to prevent his suffering damage. 2 Mc Cord (S. C.) 279. Security to save harmless. A contract whereby one party agrees to secure another against an

The act of making a denizen.

A formal written instrument made between two or more persons in different interests, as opposed to a deed poll, which is one made by a single person, or by several having similar i

A contract in two parts, by which a person is bound to serve another in his trade, art, or occupation, on condition of being instructed in it. See "Apprentice."

One in or considerations. Civ. Code La. art. 1762; 1 Bouv. Inst, note 699.

Covenants in an instrument which are independent of each other, or where the performance of one does not depend on the performance of the other. 1 Seld. 247. INDEPENDENTER SE HABET

That which Is uncertain, or not particularly designated; as, if I sell you one hundred bushels of wheat, without stating what wheat. 1 Bouv. Inst, note 950.

Speech is the index of the mind.

A separate and distinct community or body of the aboriginal Indian race of men found in the United States. See 5 Pet. (U. S.) 1, 16, 17; 20 Johns. (N. Y.) 193; 3 Kent, Comm. 308-31

An abolished writ by which a prosecution was in some cases removed from a court christian to the queen's bench. Enc. Lond.

In the law of evidence. A sign or token; a fact pointing to some inference or conclusion. Burrill, Circ. Ev. 251, 252, 263, 275. INDICAVIT (Lat. from indicctre, to show). In Englis

Having had an indictment found against him.

A person indicted. INDICTIO (Lat.) In old public law. A declaration; a proclamation. Indictio belli, a declaration or indiction of war. Molloy de Jur. Mar. 17.

The space of fifteen years. It was used in dating at Rome and in England. It began at the dismission of the Nicene council, A. D. 312. The first year was reckoned the first of the

In criminal practice. A written accusation against one or more persons of a crime or misdertieanor, presented to, and preferred upon oath or affirmation by, a grand jury legally co

He who causes another to be indicted. The latter is sometimes called the "indictee."

(Lat.) For a day; for the space of a day. Calv. Lex. Spiegelius. On, or at a day. In diem debitum; a debt due at a certain day. Calv. Lex. Brissonius. IN DISJUNCTIVIS SUFFICIT ALTE

To have no bias or partiality. 7 Conn. 229. A juror, an arbitrator, and a witness ought to be indifferent; and when they are not so they may be challenged. See 9 Conn. 42. INDIGENA

Evidence which does not prove the fact in question, but one from which it may be presumed. See "Evidence." •

Instanter. INDITEE (Law Fr.) In old English law. An indictee. 9 Coke, pref. INDIVIDUUM (Lat.) In civil law. That cannot be divided. Calv. Lex.

Which cannot be separated; entire. INDIVISUM (Lat.) That which two or more persons hold in common without partition; undivided.

In old Scotch law. Indorsed. 2 Pitc. Crim. Tr. 41.

To write on the back. Bills, of exchange and promissory notes are indorsed by a party's writing his name on the back. Writs in Massachusetts are indorsed in some cases by a person'

The person to whom a negotiable instrument is transferred by indorsement.

In Commercial Law. That which is written on the back of an instrument in writing, and which has relation to it. Writing one's name on the back of a promissory note or other negotia

The person who makes an indorsement.

On the back. 2 Bl. Comm. 468; 2 Steph. Comm. 164. In dorso reeordi, on the back of the record. 5 Coke, 45, Hence the English "indorse," "indorsement," etc. IN DUB I IS (Lat.) In do

In Contracts. The benefit which the obligor is to receive from a contract is the inducement for making it. In Criminal Law. The motive. Confessions 'are sometimes made by criminals

The words "inducing" and "persuading" as used in an information for pandering, are practically synonymous and charge only one offense. 198 111. App. 361.

In ecclesiastical law. The giving a clerk, instituted to a benefice, the actual possession of its temporalities, in the nature of livery of seisin. Ayliffe, Par. 299.

A favor granted. It is a general rule that where a creditor gives indulgence, by entering into a binding contract with a principal debtor, by which the surety is or may be damnifie

In Spanish law. The condonation or remission of the punishment imposed on a criminal for his offense. L. 1, tit. 32, pt. 7. This power is exclusively vested in the king.

Endowment, (q. v.)

In double. Damna in duplo, double damages. Fleta, lib. 4, c. 10, § 1. IN EADEM CAUSA (Lat.) In the same state or condition. Oa Jv. Lex, IN EMULATIONEM VICINI (La/t.) In envy or hat

The expression industrial pursuit is broader than "trading" or "manufacturing." It includes both, and something more. It has been held that a statute authorizing corporations for "

An habitual drunkard. A person rendered unfit, by habitual intoxication, to transact business.

One ordained by some church to preach the Gospel. Ministers are authorized in the United States, generally, to solemnize marriage, and are liable to fines and penalties for marryin

The incapacity to be lawfully elected to an office.

The tenth part of the annual profit of every living in the kingdom, formerly paid to the pope, but by St. 26 Hen. VIII. c. 3, transferred to the crown, and afterwards made a part o

An officer who takes possession of an insolvent or bankrupt estate.

The royal prerogative is an arbitrary power vested in the executive to do good, and not evil. Rutherforth, Inst. 279; Co. Litt. 90; Chit. Prerog.; Bac. Abr.

The statements of a cause of action, given by a client to his attorney, and whicb, where such is the practice, are sent to his pleader to put into legal form of a declaration. Warr

According to equitable doctrines. IN ESSE (Lat.) In being; in existence. An event which may happen is in posse; when it has happened, it is in ease. The term is often used of liens

A defense in writing, made by a defendant to the charges contained in a bill or information filed by the plaintiff against him in a court of equity. In Code Pleading. The defendant

MODUS, conditio sive causa; ut modus est; si conditio; quia causa. In a gift there may be manner, condition, and cause; as (ut), intro-

An Interrogation put to a witness, requesting him to declare the truth of certain facts as far as he knows them. Questions are either general or leading. By a general question is m

A term used in the civil law, nearly synonymous with fortuitous event. 10 Miss. 572. Any accident which cannot be foreseen and prevented. Though used as synonymous with "act of God

mala grammatica, quod fieri potest, vitanda est. In the construction of instruments, bad grammar is to be avoided as much as possible. 6 Coke, 39; 2 Pars. Cont. 26.

At length; in full. IN EXTREMIS (Lat.) At the very end; in the last moments. IN FACIE CURIAE (Law Lat.) In the face of the court. Dyer, 28. IN FACIE ECCLESIAE (Lat.) In the face or

Actual; not based on legal fiction or intendment of law. IN FACTO In fact; in deed. In faeto dicit, in fact says. 1 Salk. 22, pi. 1. Depending on faet. Calv. Lex. IN FAOTO QUOD 8E

(Lat.) In the civil law. To defame; to attack or injure one's character by word or writing. Brissonius; 3 Bl. Com. 125. INFAMIS (Lat.) In Roman law. One who, in consequence of the