Imbecility : A more or less advanced decay and feebleness of the intellectual faculties ; that weakness of mind which, without depriving the person entirely of the use of his reasou, leaves only the faculty of conceiving the most common and ordinary ideas and such as relate almost always to physical wants and habits. It varies in shades and degrees from merely excessive folly aud eccentricity to an almost total vacuity of mind or amentia, and the test of legal capacity, in this condition, is the stage to which the weakness of mind has advanced, as measured by the degree of reason, judgment, and memory remaining. It may proceed from paresis or general paralysis, from senile de- cay, or from the advanced stages of any of the ordinary forms of insanity; and the term is rather descriptive of the consequences of insanity than of any particular type of the disease. See Calderou v. Martin, 50 La. Ann. 1153, 23 South. 909; Delafiehl v. Parish, 1 Itedf. (N. Y.) 115; Campbell v. Camp- bell, 130 111. 400, 22
IMPOSSIBILITY : That which, in the constitution and course of nature or the law, noman can do or perform. See Klauber v. San Diego Street-Car. Co., 05 Cal. 353. 30 Pac.555; Reid v. Alaska Packing Co., 43 Or. 420, 73 Pac. 337.Impossibility is of the following several sorts:An act is physically impossible when it is contrary to the course of nature. Such animpossibility may be either absolute, i. e., impossible in any case. (e. g., for A. to reachthe moon.) or relative, (sometimes called "impossibility in fact,") i. e., arising from thecircumstances of the case, (c. g
IN MALAM PARTEM : In a bad sense, so as to wear an evil appearance.In maleficiis voluntas sxicctatur, non exitus. In evil deeds regard must be had to the intention, and not to the result. Dig. 4S, 8, 14; Broom, Max. 324.In maleficio, ratihabitio mandato com- paratnr. In a case of malfeasance, ratification is equivalent to command. Dig. 50, 17, 152, 2.In maxima potentia minima licentia.In the greatest power there is the least freedom. Hob. 159.
INCUMBENT : A person who is in present possession of an office; one who is legallyauthorized to discharge the duties of an office. State v. McCollister, 11 Ohio, 50; Statev. Blakemore, 104 Mo. 340, 15 S. W. 900.In ecclesiastical law, the term signifies a clergyman who is in possession of a benefice.
IRRELEVANCY : 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 not form or tender any material issue. People v. McCumber, 18 N. Y. 321, 72 Am. Dec. 515; Walker v. Hewitt, 11 How. Prac. (N. Y.) 39S; Carpenter v. Bell, 1 Rob. (N. Y.) 715; Smith v. Smith, 50 S. C. 54, 27 S. E. 545.
INVESTITURE : A ceremony which accompanied the grant of lands in the feudal ages, and consisted in the open and notorious delivery of possessiou in the presence of the other vassals, which perpetuated among them the wra of their new acquisition at the time when the art of writing was very little known; and thus the evidence of the property was reposed in the memory of the neighborhood, who, in case of disputed title, were afterwards called upon to decide upon it Brown. In ecclesiastical law. Investiture is one of the formalities by which the election of a bishop Is confirmed by the archbishop. See Phillim. Ecc. Law, 42, et seq.
IGNORAMUS : Lat. "We are ignorant ;" "We ignore it." Formerly the grand jury usedto write this word on bills of indictment when, after having heard the evidence, theythought the accusation against the prisoner was groundless, intimating that, though thefacts might possibly be true, the truth did not appear to them; but now they usuallywrite in English the words "Not a true bill," or "Not found," if that is their verdict; butthey are still said to ignore the bill. Brown
INNUENDO : This Latin word (commonly translated "meaning") was the technical beginning of that clause iu a declaration or indictment for slander or libel in which the meaning of the alleged libelous words was explained, or the application of the language charged to the plaintiff was pointed out. Hence it gave its name to the whole clause; and this usage is still retained, although an equivalent English word is now substituted. Thus, it may be charged that the defendant said "he (meaning the said plaintiff) is a perjurer." The word is also used, (though more rarely,) in other species of pleadings, to introduce an explanation of a preceding word, charge, or averment. It is said to mean no more than the words
IN RERUM NATURA : In the nature of things; in the realm of actuality; in existence.In a dilatory plea, an allegation that the plaintiff is not in rerum natura is equivalent toaverring that the person named is fictitious. 3 Bl. Comm. 301. In the civil law thephrase is applied to tilings. Inst . 2, 20, 7.Iu restitutionem, non in pcenam haires succedit. The heir succeeds to the restitution,not to the penalty. Au heir may be compelled to make restitution of a sum unlawfullyappropriated by the ancestor, but is uot answerable criminally, as for a penalty. 2 Inst. 198.In restitutionibus benignissima inter- pretatio facienda est. Co. Litt. 112. The mostbenignant interpretation is to be made In restitutions.In satisfactionibus non permittitur amplius fieri quam semel factum est. Illpayments, more must not be received than has been received once for all. 9 Coke, 53.
INFERIOR COURT : This term may denote any court subordinate to the chief ap- pellate tribunal in the particular judicial system; but it is commonly used as the designa- tion of a court of special, limited, or statutory jurisdiction, whose record must show the existence and attaching of jurisdiction in any given case, in order to give presumptive validity to its judgment. See Ex parte Cuddy, 131 U. S. 280, 9 Sup. Ct. 703, 33 L. Ed. 154; Kempe v. Kennedy, 5 Cranch, 185, 3 L. Ed. 70; Grignon v. Astor, 2 How. 341, 11 L. Ed. 283 ; Swift v. Wayne Circuit Judges, 64 Mich. 479, 31 N. W. 434; Kirkwood v. Washington County, 32 Or. 568, 52 Pac. 568. The Eugiish courts of judicature are classed generally under two heads,
IN CRIMINAL LAW : A charge, preferred before a magistrate having jurisdiction, that a person named (or an unknown person) has committed a specified offense, with an offer to prove the fact, to the end that a prosecution may be Instituted. It is a technical term, descriptive of proceedings before a magistrate. Hobbs v. Hill, 157 Mass. 556, 32 N. E 862; Com. v. Davis, 11 Pick. (Mass.) 436; U. S. v. Collins (D. C.) 79 Fed. 66; State v. Dodge Co., 20 Neb. 595, 31 N. W. 117. The complaint is an allegation, made before a proper magistrate, that a person has been guilty of a designated public offense. Code Ala. 188G,
IMPROVIDENCE : as used in a statute excluding one found incompetent to executethe duties of an administrator by reason of improvidence, means that want of care andforesight in the management of property which would be likely to render the estate andeffects of the intestate unsafe, and liable to be lost or diminished in value, in case theadministration should be committed to the improvident person. Coope v. Lowerre, 1Barb. Ch. (N. Y.) 45.
IMPRISONMENT : The act of putting or confining a man in prison ; the restraint of a manâs personal liberty; coercion exercised upon a person to prevent the free exercise of his powers of locomotion. State v. Shaw, 73 Vt. 140. 50 Atl. 803; In re Langs- low, 107N. Y. 314, 00 N. E. 500; In re Langan (C. C.) 123 Fed. 134; Steere v. Field, 22 Fed. Cas.1221.It is not a necessary part of the definition that the confinement should be in a place usually appropriated to that purpose; it may be in a locality used only for the specific occasion; or it may take place without the actual application of any physical agencies of restraint, (such as locks or bars,) but by verbal compulsion and the display of available force. See Pike v. Hanson, 9 N. II. 491.Any forcible detention of a manâs person, or control over his movements, is imprisonment. Lauson v. Buzincs, 3 liar. (Del.) 410.
IDEM : Lat The same. According to Lord Coke, "idem" has two significations, sc.,idem syllabis seu verbis, (the same in syllables or words,) and idem re et scnsu, (thesame in substance and in sense.) 10 Coke, 124a.In old practice. The said, or aforesaid; said, aforesaid. Distinguished from "prcedictws"in old entries, though having the same general signification. Townsh. PI. 15, 16.Idem agens et patiens esse non potest.Jenk. Cent. 40. The same person cannot be both agent and patient; i. e., the doer andperson to whom the thing is done.Idem est facere, et non prohibere cum possis; et qui non prohibit, cum prohiberepossit, in culpa est, (aut jubct.)3 Inst. 158. To commit, and not to prohibit when in your power, is the same thing; andhe who does not prohibit when he can prohibit is in fault, or does the same as orderingit to be done.Idem est nihil dicere, et insufficienter dicere. It is the same thing to say nothing,and to say a thing insufficiently. 2 Inst. 178. To say a thing in an insufficient
INSURGENT : One who participates in an insurrection ; one who opposes the execu- tion of law by force of arms, or who rises in revolt against the constituted authorities. A distinction is often taken between "insurgent" and "rebel," in this: that the former term is not necessarily to be taken in a bad sense, inasmuch as an insurrection, though extralegal, may be just and timely in itself; as where it is undertaken for the overthrow of tyranny or the reform of gross abuses. According to Webster, an insurrection is an incipient or early stage of a rebellion.
IMPLICATION : Intendment or inference, as distinguished from the actual expressionof a thing in words. In a will, an estate may pass by mere implication, without anyexpress words to direct its course. 2 Bl. Comm. 381.An inference of something not directly declared, but arising from what is admitted or expressed.In construing a will conjecture must not be taken for implication; but necessaryimplication means, not natural necessity, but so strong a probability of intention that anintention contrary to that which is imputed to the testator cannot be supposed. 1 Yes. & B. 460."Implication" is also used in the sense of "inference;" t. e., where the existence ofan intention is inferred from acts not done for the sole purpose of communicating it. butfor some other purpose. Sweet.
INDIGENT : In a general sense an âindigentâ person is one who is needy and poor, or one who has not sufficient property to furnish him a living nor any one able to support him and to whom he is entitled to look for support. See Storrs Agricultural School v. Whitney, 54 Conn. 342, 8 Atl. 141; Juneau County v. Wood County, 100 Wis. 330, 85 N. W. 387; City of Lynchburg v. Slaughter, 75 Va. G2. The laws of some of the states distinguish between âpaupersâ and âindigent persons,â the latter being persons who have no property or source of income sufficient for their support aside from their own labor, though self-supporting when able to work and in employment. See In reIlybart, 119 N. C. 359, 25 S. E. 903; People v. Schoharie County, 121 N. Y. 345, 24 N. E. 830; Rev. St Mo. 1899,
INTER ALIA : Among other things. A term anciently used in pleading, especially in reciting statutes, where the whole statute was not set forth at length. Inter alia enaetatum fuit, among other things it was enacted. See Plowd. 05. Inter alias causas acquisitions, magna, Celebris, et fainosa est causa donations. Among other methods of acquiring property, a great, much-used, and celebrated method is that of gift Bract, fol. 11.
IDEM SONANS : Sounding the same or alike; having the same sound. A term applied to names which are substantially the same, though slightly varied in the spelling, asâLawrenceâ and âLawronce,â and the like. 1 Cromp. & M. 800; 3 Chit Gen. Pr. 171.Two names are said to be âidem sonantesâ if the attentive ear finds difficulty in distinguishing them when pronounced, or if common and long-continued usage has by corruption or abbreviation made them identical in pronunciation. State v. Griffie, 118 Mo. 188, 23 S. W. 878. The rule of âidem sonansâ is that absolute accuracy in spelling names is not required in a legal document or proceedings either civil or criminal; that if the name, as spelled in the document, though different from the correct spelling thereof, conveys to the ear, when pronounced according to the commonly accepted methods, a sound practically identical with the correct name as commonly pronounced,the name thus given is a sufficient identification of the individual referred t
IN PAIS : This phrase, as applied to a legal transaction, primarily means that it hastaken place without legal proceedings. Thus a widow was said to make a request in paisfor her dower when she simply applied to the heir without issuing a writ (Co. Litt. 326.)So conveyances are divided into those by matter of record and those by matter in pais. In some cases, however, "matters in pais" are opposed not only to "matters of record," but also to "matters in writing," i. e., deeds, as where estoppel by deed isdistinguished from estoppel by matter in pais. (Id. 352a.) Sweet.
INSURANCE : A contract whereby, for a stipulated consideration, one party undertakes to compensate the other for loss on a specified subject by specified perils. The party agreeing to make the compensation is usually called the âinsurerâ or âunderwriter;â the other, the âinsuredâ or âassured;â the agreed consideration, the âpremium;â the written contract, a âpolicy;â the events insured against, ârisksâ or âperils;â and the subject, right, or interest to be protected, the âinsurable interest.â 1 Phil. Ins.
INTENTION : Meaning; will; purpose; design. âThe intention of the testator, to be collected from the whole will, is to govern, provided it be not unlawful or inconsistent with the rules of law.â 4 Kent, Comm. 534. âIntention,â when used with reference to the construction of wills and other documents, means the sense and meaning of it, as gathered from the words used therein. Parol evidence is not ordinarily admissible to explain this. When used with reference to civil and criminal responsibility, a person who contemplates any result, as not unlikely to follow from a deliberate act of his own, may be said to intend that result, whether he desire it or not. Thus, if a man should, for a wager, discharge a gun among a multitude of people, and any should be killed, he would be deemed guilty of intending the death of such person: for every man is presumed to intend the natural consequence of his own actions. Intention is often confounded with motive, as when we speak of a manâs âgood intenti
INOPS CONSIEII : Lat. Destitute of counsel; without legal counsel. A term applied to the acts or condition of one acting without legal advice, as a testator drafting his own will.
IMPERTINENT : In equity pleading.That which does not belong to a pleading, interrogatory, or other proceeding; out ofplace; superfluous ; irrelevant.At law. A term applied to matter not necessary to constitute the cause of action orground of defense. Cowp. 6S3 ; 5 East, 275; Tucker v. Randall, 2 Mass. 283. It constitutessurplusage, (which see.)
INVITATION : 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 property or structures thereon, or who so arranges the property or the means of access to it or of transit over it as to induce the reasonable belief that he expects and intends that others shall come upon it or pass over it. See Sweeney v. Old Colony & N. R. Co., 10 Allen (Mass.) 373, S7 Am. Dec. 044; Wilson v. New York, N. H. & II. R. Co., 18 R. I. 401, 29 Atl. 258; Wright v. Boston & A. R. Co., 142 Mass. 300, 7 N. E. 800. Thus the proprietor of a store, theatre, or amusement park âinvitesâ the public to come upon his premises for such purposes as are connected with its intended use. Again, the fact that safety gates at a railroad crossing, which should be closed in case of danger, are left standing open, is an âinvitationâ to the traveler on the highway to cross. Roberts v. Delaware & II. Canal Co., 17
IN TOTO : In the whole; wholly; completely ; as the award is void in toto.In toto et pars continetur. In thewhole the part also is contained. Dig. 50, 17, 113.In traditionibns scriptorum, non quod dictum est, sed quod gestum est, inspi- citur.In the delivery of writings, not what is said, but what is done, is looked to. 9 Coke, 137a.
ITEM : 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 separate or distinct particular of an account or bill. See Horwitz v. Nor- ris, 60 Pa. 2S2; Baldwin v. Morgan, 73 Miss. 270, 18 South. 910. The word is sometimes used as a verb. "The whole [costs] in this case that was thus itemed to counsel." Bunb. p. 104, case 233.
INTERMEDIATE ORDER : the term given to an order of court during the progress of a case.
INJURY : Any wrong or damage done to another, either In his person, rights, reputation, or property. Parker v. Griswold, 17 Conn. 298, 42 Am. Dec. 739; Woodruff v. Mining Co., 18 Fed. 781; Hitch v. Edgecombe County, 132 N. C. 573, 44 S. E. 30; Macauley v. Tierney, 19 R. I. 255, 33 Atl. 1, 37 L. R. A. 455, 61 Am. St. Rep. 770. In the civil law. A delict committed in contempt or outrage of any one, whereby his body, his dignity, or his reputation is maliciously injured. Voet, Com. ad Pand. 47, t. 10, no. 1.
INTERPLEADER : When two or more persons claim the same thing (or fund) of a third, and he, laying no claim to it himself, is ignorant which of them has a right to it, and fears he may be prejudiced by their proceeding against him to recover it, he may file a bill in equity against them, the object of which is to make them litigate their title between themselves, instead of litigating it with him, and such a bill is called a âbill of interpleader.â Brown. By the statute 1 & 2 Wm. IV. c. 58, summary proceedings at law were provided for the same purpose, in actions of assumpsit, debt, detinue, and trover. And the same remedy is known, in one form or the other, in most or all of the United States. Under the Pennsylvania practice, when goods levied upon by the sheriff are claimed by a third party, the sheriff takes a rule of interpleader on the parties, upon which, when made absolute, a feigned issue is framed, and the title to the goods is tested. The goods, pending the proceedings, remain in the cus