The Cyclopedic Law Dictionary

An exception taken at the trial. Fleta, lib. 6, c. 55, § 8. In Old Conveyancing. An exception in a deed or other instrument. 9 Coke, 53. EXCEPTIO DILATORIA (Lat.) In the civil law.

A hundred weight. Centena pisctium, a hundred weight of fish. Pryn. 303. Centena eerae zucarii, piperis, cumini, etc., continet tredecim petras et dimidium, the hundred weight of w

SIVE nominatis, sive innominatis, permutatro continetur. In every contract, whether nominate or innominate, there is implied an exchange, i. e., a consideration.

IN quibus dies non ponltur, praesenti die debetur. In all obligations, when no time Is IN OMNIBUS POENALIBUS JUDICII8, et aetati et imprudentiae succurritur. In all trials for pena

Out of court, or without judicial process. Matter in pais is distinguished from matter of record. 2 Bl. Comm. 294. Conveyances were either by matter in pais or deed which was an as

In English practice. A term used of a record until its final enrollment on the parchment record. 3 Sharswood, Bl. Comm. 406; 10 Mod. 88; 2 Lilly, Abr. 322; 4 Geo. II. IN PARI CAUSA

Equally in fault. A term applied to parties who have participated equally in a transaction which is illegal, fraudulent, or contrary to public policy, neither of whom can for that

An addition of some useful thing to a machine, manufacture, or composition of matter. The patent law of July 4, 1836, authorizes the granting of a patent for any new and useful imp

A statement of the facts constituting the defense required to accompany a general plea. Thus, with a plea ot nil debet must be filed an affidavit of defense showing the facts by re

In old English law. A customary payment of a penny on entering into and going out of a tenancy (pro exitu de tenura, et pro ingressu). Spelman; Cowell.

QUA CUM eo agimus qui obligatus est nobis ad faciendum aliquid vel dandum. The action in personam is that by which we sue him who is under obligation to us to do something or give

Reason; motive. In a replication de injuria, for example, the plaintiff alleges that the defendant of his own wrong and without the cause by him, etc., where the word "cause" compr

The chasm or interruption in proceedings occasioned by the failure of the plaintiff to continue the suit regularly from time to time, as he ought. 3 Bl. Comm. 296.

(Law Lat.) In the first place. Mag. Cart. Johan. c. 1. IN PRINCiPIO (Lat. at the beginning). This is frequently used in citations; as, Bac. Abr. "Legacies in pr."

Identity of parties is not essential, the adjudication attaching to the res. See 1 Mete. (Mass.) 204. RES JUDICATA FACIT EX ALBO Nigrum, ex nigro album, ex curvo rectum, ex recto c

No one can be judge in his own cause. 12 Coke, 13. IN PROPRIA PERSONA (Lat.) In his person; himself; as, the defendant appeared in propria persona; the plaintiff argued the cause i

An inquiry made by the king's officer, his sheriff, coroner, or escheator, either virtute officii, or by writ sent to him for that purpose, or by commissioners specially appointed,

In civil law. The hirer of

WRIT OF, A writ sued out by a plaintiff in a case where the defendant has let the proceedings go by default, and an interlocutory judgment has been given for damages generally, whe

In practice. An examination of certain facts by a jury impanelled by the sheriff for the purpose. The instrument of writing on which their decision is made is also called an inquis

A designation of sheriffs, coroners super visum, corporis, and the like, who have power to inquire into certain mat- In Ecclesiastical Law. The name of an officer who is authorized

IN EO DE Jure est puniendus. In whatever thing one offends, in that he is rightfully to be punished. Co. Litt. 233b. IN RE (Lat.) In the matter; as in re A. B., in the matter of A.

TESTES LUPANAres admittentur. In a matter concerning a brothel, prostitutes are admitted as witnesses. 6 Barb. (N. Y.) 320, 324.

An estoppel; a bar; the act of a ^^an by which he has confessed a matter or thing which he can no longer deny. For example, the sheriff is concluded by his return to a writ, and th

A thing in a manor is said to lie in render when it must be rendered or given by the tenant, e. g., rent; to lie in prender, when it may be taken by the lord or his officer when it

POTIOREM CAUSAM ESSE prohlbentis constat. Where a thing is owned in common, it is agreed that the cause of him prohibiting its use is the stronger. Dig. 10. 3. 28; 3 Kent, Comm. 45

NON IN POENAM, haeres succedit. The heir suceeds to the restitution, not the penalty. 2 Inst. 198. IN RESTITUTIONIBUS BENIGNISSIMA Interpretatio facienda est. The most favorable co

(Law Lat.) In or by robbery. Bract, fol. 146b. IN SATISFACTIONIBUS NON PERMITtitur amplius fieri quam seme! factum est. In payments, more must not be received than has. been receiv

or ENROLLMENT (Law Lat. irrotulatio). The act of putting upon a roll. Formerly, the record of a suit was kept on skins of parchment, which, best to preserve them, were kept upon a

A servitude which carried the right of driving animals and vehicles across the lands of another. It included also the iter, or right of passing across on foot or on horseback. In E

ABJECTA RAtione, omnia cum impetu et furore facit. He is insane who, reason being thrown away, does everjrthing with violence and rage. 4 Coke, 128.

A pecuniary satisfac-

The act of reading over a witness' deposition, in order that he may adhere to it or correct it, at his choice. The same as recolement (q. v.) in the French law. 2 Benth. Ev. bk. 3,

In the Roman law. To subscribe an accusation. The subscriber was bound to substantiate his charge, or suffer the penalty appropriate to such charge. Calv. Lex. INSCRIPTIO (Lat.) In

In Civil Law. An engagement which a person who makes a solemn accusation of a crime against another enters into that he will suffer the same punishment, if he has accused the other

In pleading. That which is unintelligible is said to be insensible. Steph. PI. 378.

See "Gambling Contract." INSIDIATORES VIARUM (Lat.) Persons who lie in wait in order to commit some felony or other misdemeanor. INSIIVIUL (Lat.) Together; jointly. Towns PL 44. IN

Dealing with the subject matter of the same kind. IN SIMPLICI PEREGRINATIONS (Lat.) In simple pilgrimage. Bracton, fol. 338. A phrase in the old law of essoins. See "In Generali Pa

In old English practice. The name of a species of the writ of formedon in the descender, which lay for a cotenant against a stranger.

In Spanish law. The presentation of a public document to a competent judge', in order to obtain his approbation and sanction of the same, and thereby giving it judicial authenticit

In civil law. To put into; to deposit a writing in court, answering nearly to the modern expression "to file." To transcribe an act in the public registers; to record. Si non manda

In civil law. The transcription of an act on the public registers, like our recording of deeds. It was not necessary in any other alienation but that appropriated to the purpose of

In civil law. The first production of it; or, leaving it in the hands of the register in order to its probate. 21 Hen. VIII. c. 5; Jacob. INSOLIDE (Law Lat.) Solidly; without any s

or IN SOLIDO (Lat.) In civil law. For the whole; as a whole. An obligation or contract is said to be in solido or in solidum when each is liable for the whole, but so that a paymen

The state of a person who is unable, from any cause, to pay his debts. Two tests of insolvency prevail, their application generally being governed by the purpose for which the fact

One who is in a state of Insolvency {q. V.)

An adverse party. INSPECTION (Lat. inspicere, to look into). The examination of certain articles made by law subject to such examination, so that they may be declared fit for comme

TRIAL BY. A mode of trial formerly in use in England, by which the judges of a court decided a point in dispute, upon the testimony of their own senses, without the intervention of

The name given to certain officers whose duties are to examine and inspect things over which they have jurisdiction; as, inspector of bark, one who is by law authorized to examine

DEED OF. In English law. An agreement between an insolvent and his creditors, by which a certain person is appointed to supervise the winding up of the estate. citing a grant, insp

or INSTALMENT. The act by which an officer is put in public possession of the place he is to fill. The president of the United States, or a governor, is installed into office, by b

Literally, standing on; hence, urging, solicitation. Webster. ——In Civil and French Law. In general, all sorts of actions and judicial demands. Dig. 44. 7. 58. In Ecclesiastical La

In English law. That branch of the admiralty court which has the jurisdiction of all matters except those relating to prizes. An "instance court" takes cognizance of contracts made

In Spanish law. The institution and prosecution of a suit from its inception until definitive judgment. The first instance, primera instancia, is the prosecution of a suit before t

The act by which one incites another to do something; as, to injure a third person, or to commit some crime or misdemeanor, to commence a suit, or to prosecute a criminal. See "Acc

To establish. INSTITOR (Lat.) In civil law. A clerk in a store; an agent. He was so called because he watched over the business with which he was charged; and it is immaterial whet

According to roots or stocks; by representation. See "Per Stirpes."

In Scotch Law, The person first called in the "tailzie"; the rest, or the heirs of tailzie, are called- "substitutes." Ersk, Prac, 3, 8. 8. See "Substitutes." In Civil Law. One who

(Lat.) In strict law; in strict right.

In the Law of Agency. Orders given by a principal to his agent in relation to the business of his agency. The agent is bound to obey the instructions he has received, and when he n

The writing which contains some agreement, and is so called because it has been prepared as a memorial of what has taken place or been agreed upon. Something reduced to writing as

The document by which an appeal is brought in an English matrimonial cause from the president of the probate, divorce, and admiralty division to the full court. It is analogous to

Instruments of evidence are the media through mind of a judicial tribunal; and they comprise persons, as well as writings. Best, Ev. § 123. INSTRUMENTA (Lat.) That kind of evidence

In aid. IN SUO QUISQUE NEGOTIO HEBETIOR est quam in alieno. Every one is more dull in his own business than in that of another. Co. Litt. 377.

In chancery practice. After filing of defendant's answer, the plaintiff has six weeks in which to file exceptions to it for insufficiency, which is the fault of not replying specif

(Lat.) In the surface. IN TANTUM (Law Lat.) In so much; so much; so far; so greatly. Reg. Orig. 97, 106. IN TERMINIS TERIVIINANTIBUS (Law Lat.) In terms of determination; exactly i

Such an interest in a subject of insurance as will entitle the person possessing it to obtain insurance. In the law of fire insurance, an insurable interest may be defined as such

A contract whereby, for an agreed premium, one party undertakes to indemnify the other aga,inst loss on a specified subject by specified perils. The party agreeing to make the inde

An agent for effecting insurance may be such by appointment, or the recognition of his acts done as such. 2 Phil. Ins. § 1848; 4 Cow. (N. Y.) 645. He may be agent for either of the

The person who procures an insurance.

The underwriter In a policy of insurance; the party agreeing to make indemnity to the other. Sometimes applied improperly to denote the party insured.

One who is concerned in an insurrection. He differs from a rebel in this, that "rebel" is always understood in a bad sense, or one who unjustly opposes the constituted authorities;

A rebellion of citizens or subjects of a country against its government. An insurrection may constitute treason (2 Dall. [U. S.] 348), and,,if extensive, may amount to civil war. 6

In English law. The name given to receivers of goods stolen in Scotland, who take them to England. 9 Hen. V. c. 27. INTEGER (Lat.) Whole; untouched. Res Integra means a question wh

Habitual immoderate use of intoxicants does not necessarily imply drunkenness. 76 111. 213. INTEND (from Lat. intendere, from in, to or towards, and tendere, to stretch or strain).

One who has the charge, management, or direction of some office, department, or public business.

This phrase is frequently used in conveyancing, in deeds which recite other deeds which have not been recorded. In Pennsylvania, it has been construed to be a covenant, on the part

In Spanish law. The immediate agent of the minister of finance, or the chief and principal director of the different branches of the revenue, appointed in the various departments i

The true meaning, the correct understanding, or intention, of 'the law; a presumption or inference made by the courts. Co. Litt. 78.

Intention (g. v.). That the terms are synonymous, see 2 Jones (N. C.) 414. INTENTIO (Lat.) In Civil Law. The formal complaint or claim of a plaintiff before the praetor. "Reus exce

A hidden intention is bad. 2 Bulst. 179. INTENTIO INSERVIRE DEBET LEGIbus, non leges intention i. Intentions ought to be subservient to the laws, not the laws to intentions. Co. Li

A design, resolve, or determination of the mind. The exercise of an intelligent will, the mind being fully aware of the nature and consequences of the act which is about to be done

In Latin phrases. A preposition, meaning among; between. INTER ALIA (Lat.) Among other things; as, "the said premises, which, inter alia, Titius granted to Caius." INTER ALIAS CAUS

See "Apex Juris." INTER CAETEROS (Lat.) Among others; in a general clause; not by name (nominatim). A term applied, in the civil law, to clauses of disinheritance in a will. Inst.

To enjoy a right of common mutually with the inhabitants of a contiguous town, vill, or manor. 2 Sharswood, Bl. Comm. 33; Termes de la Ley.

A mutual privilege, between the tenants of adjoining manors, of pasturing their cattle on the commons of each other. INTERCOURSE (Lat. intercursus, from inter, between, and currere

Between husband and wife. INTER PARTES (Lat. between the parties). A phrase signifying an agreement professing in the outset, and before any stipulations are introduced, to be made

In Civil Law. The formula according to which the praetor ordered or forbade anything to be done in a cause concerning true or quasi possession until it should be decided definitely

In civil law. A judicial decree, by which a person is deprived of the exercise of his civil rights. The condition of the party who labors under this incapacity. INTERDICTUM SALVIAN

(Lat.) It concerns; it is of advantage. In Contracts. The right of property which a man has in a thing. See "Insurable Interest." On Debts. The compensation which is paid by the bo

MARITIME. See "Marine Interest."

A provision in a policy of insurance, which imports that the policy is to be good though the insured have no insurable interest in the subject matter. This constitutes a "wager pol

In English probate law. A suit to determine which of several persons is by interest entitled to administer an estate.

The state of things which exists when a person applies for a patent which, if granted, would cover any of the patentable ground occupied by any existing patent, or by any patent fo

In the meantime let him be committed.

An officer appointed to have the temporary management Of the property of a convict, since the abolition of escheats. 4 Steph. Comm. 462.

In Scotch law. A judicial officer elected or appointed imder the bankruptcy law to take charge of and pre-

One appointed t6 fill a temporary vacancy,

In old practice. To link together, or interchangeably. Writs were called "interlaqueata" where several were issued against several parties residing in different counties, each part

Writing between two lines.