shall be reached, as, until the defendant shall file his answer; until the hearing; and the like. 2. A perpetual injunction is one which is issued when in the opinion of the court, at the hearing, the plaintiff has established a case, which entitles him to an injunction; or when a bill praying for an injunction is taken pro confesso; in such cases a perpetual injunction will be decreed. Ed. Inj. 253.

injunction.

247; 1 Ch. C. 77, 120; 1 Eq. Cas. Ab. 92; Mistake, 1 John. Ch. R. 119, 607; 2 John. Ch. R. 585; 4 John. Ch. R. 85; Ib. 144; 2 Munf. 187; 1 Day's Cas. Err. 139; 3 Ch. R. 55; Finch, 413; 2 Freem. 16; Fitzg. 118; or fraud, 1 John. Ch. R. 402; 2 John. Ch. R. 512; 4 John. Ch. R. 65. But no injunction will be granted to stay proceedings in a criminal case. 2 John. Ch. R. 387; 6 Mod. 12; 2 Ves. 396. 3. Injunctions respecting real pro- The Interdict (q. v.) of the Roman perty may be obtained, 1st, to pre-law resembles in many respects our vent wasteful trespasses or irreparaIt was used in three disble damages, although the owner may tinct but cognate senses. 1. It was be entitled to retake possession, if he applied to signify the edicts made by can do so, without a breach of the the prætor, declaratory of his intenpeace. 1 Chit. Pr. 722.-2d. To tion to give a remedy in certain cases, compel the performance of lawful chiefly to preserve or to restore posworks in the least injurious manner. session; this interdict was called 1 Turn. & Myl. 181.-3d. To pre-edictal, edictale, quod prætoriis edictis vent waste. 3 Tho. Co. Litt. 241, M; 1 Madd. Ch. Pr. 138; Ed. Inj. ch. 8, 9, and 10; 1 John. Ch. R. 11; 2 Atk. 183.-4th. To prevent the creation of a nuisance either private or public. 1. Private nuisance, for example, to restrain the owner of a house from making any erections or improvements, so as materially to darken or obstruct the ancient lights and windows of an adjoining house. 2 Russ. R. 121. 2. Public nuisances. Though usual to prosecute the parties who create nuisances by indictment, yet in some cases an injunction may be had to prevent the creating of such nuisance. 5 Ves. 129; 1 Mad. Ch. 156; Ed. Inj. ch. 11. 2d. An injunction of the second kind called the judicial writ issues subsequently to a decree. It is a direction to yield up, to quit, or to continue possession of lands, and is properly described as being in the nature of an execution. Ed. Inj. 2.

Injunctions are also divided into temporary and perpetual. 1. A temporary injunction is one which is granted until some stage of the suit

proponitur, ut sciant omnes eâ formâ posse implorari. 2. It was used to signify his order or decree, applying the remedy in the given case before him, and then was called decretal; decretale, quod prætor pro re natâ implorantibus decrevit. It is this which bears a strong resemblance to the injunction of a court of equity. 3. It was used, in the last place, to signify the very remedy sought in the suit commenced under the prætor's edict; and thus it became the denomination of the action itself. Livingston on the Batture case, 5 Am. Law Journ. 271; 2 Story, Eq. Jur. § 865; Analyse des Pandectes de Pothier, h. t. ; Dict. du Dig. h. t. ; Clef des Lois Rom. h. t.; Heineccii, Elem. Pand. Ps. 6, § 285, 286.

Vide, generally, Eden on Injunctions; 1 Madd. Ch. Pr. 125 to 165; Blake's Ch. Pr. 330 to 344; 1 Chit. Pr. 701 to 731; Coop. Eq. Pl. Index, h. t.; Redesd. Pl. Index, h. t.; Smith's Ch. Pr. h. t.; 14 Vin. Ab. 442; 2 Hov. Supp. to Ves. jr. 173, 434, 442; Com. Dig. Chancery, D 8; Newl. Pr. ch. 4, s. 7.

INJURIOUS WORDS. This phrase is used in Louisiana to signify slander or libellous words. Code, art. 3501.

Inju

surety of the peace, injunction, &c. : secondly, remedies for compensation, which may be by arbitration, suit, action, or summary proceedings INJURY, a wrong or tort. before a justice of the peace: thirdly, ries are divided into public and pri- proceedings for punishment, as by vate; and they affect the person, indictment, or summary proceedings personal property or real property. before a justice. 2. When the injury 1. They affect the person absolutely is such as to affect the public, it or relatively; the absolute injuries becomes a crime, misdemeanor, or are threats and menaces, assaults, offence, and the party may be punbatteries, wounding, mayhems; inju- ished by indictment, or summary ries to health, by nuisances or medi- conviction, for the public injury; and cal malpractices; those affecting by civil action, at the suit of the reputation are verbal slander, libels, party, for the private wrong. But in and malicious prosecutions; and cases of felony, the remedy by action those affecting personal liberty are for the private injury is generally false imprisonment and malicious suspended until the party particularly prosecutions. The relative injuries injured has fulfilled his duty to the are those which affect the right of a public by prosecuting the offender for husband; these are abduction and the public crime; and in cases of harbouring, adultery and battery: homicide the remedy is merged in those which affect the rights of a the felony. 1 Chit. Pr. 10; Ayl. parent, as abduction, seduction and Pand. 592; and article Civil Remebattery and of a master, seduction, dy. harbouring and battery of his apprentice or servant. Those which conflict with the right of the inferior relation, namely, the wife, child, apprentice or servant; they are withholding conjugal rights, maintenance, wages, &c. 2. Injuries to personal property, are the unlawful taking and detention thereof from the owner; and other injuries, are some damage affecting the same while in the claimant's possession or that of a third person, or injuries to his reversionary interests.-3. Injuries to real property are ousters, trespasses, nuisances, waste, subtraction of rent, disturbance of right of way, and the like.

The remedies are different as the injury affects private individuals, or the public. 1. When the injuries affect a private right and a private individual, (although often also affecting the public) there are three description of remedies; first, the preventive, such as defence, resistance, recaption, abatement of nuisance,

There are many injuries for which the law affords no remedy. In general, it interferes only when there has been a visible bodily injury inflicted by force or poison, while it leaves almost totally unprotected, the whole class of the most malignant mental injuries and sufferings, unless in a few cases, where by descending to a fiction, it sordidly supposes some pecuniary loss, and sometimes under a mask, and contrary to its own legal principles, affords compensation to wounded feelings. A parent, for example, cannot sue in that character, for an injury inflicted on his child; and when his own domestic happiness has been destroyed, unless the fact will sustain the allegation that the daughter was the servant of her father, and that by reason of such seduction, he lost the benefit of her services. Another instance may be mentioned. A party cannot recover damages for verbal slander in many cases; as when the facts published

INLAGARE. To admit or restore to the benefit of law.

INLAGATION. The restitution of one outlawed to the protection of the law. Bract. lib. 2, c. 14.

are true, for the defendant would jus- | words seldom absolves entirely from tify and the party injured must fail. punishment. Where the injurious A case of this kind, remarkably hard, expressions have a tendency to occurred in England. A young blacken one's moral character, or fix nobleman had seduced a young wo- some particular guilt upon him, and man, who after living with him some are deliberately repeated in different time, became sensible of the impro- companies, or handed about in whispriety of her conduct, she left him pers to confidants, it then grows up secretly, and removed to an obscure to the crime of slander, agreeably to place in the kingdom, where she ob- the distinction of the Roman law, 1. tained a situation, and became highly 15, § 12, de injur. A real injury is respected in consequence of her good inflicted by any fact by which a perconduct, she was even promoted to a son's honour or dignity is affected; as better and more public employment, striking one with a cane, or even when she was unfortunately disco- aiming a blow without striking; spitvered by her seducer. He made ting in one's face; assuming a coat proposals to her to renew their illicit of arms, or any other mark of disintercourse which were rejected; in tinction proper to another, &c. The order to force her to accept them, he composing and publishing defamatory published the history of her early life, libels may be reckoned of this kind. and she was discharged from her Ersk. Pr. L. Scot. 4, 4, 45. employment, and lost the good opinion of those on whom she depended for her livelihood. For this outrage the culprit could not be made answerable civilly or criminally. Nor will the law punish criminally the author of verbal slander, imputing even the most infamous crimes, unless done with intent to extort a chattel, money, or valuable thing. The law presumes, perhaps unnaturally enough, that a man is incapable of being alarmed or affected by such injuries to his feelings. Vide 1 Chit. Med. Jur. 320. INJURY, in the civil law, is the reproaching or affronting our neighbour. Injuries are verbal or real. A verbal injury when directed against a private person consists in the uttering contumelious words, which tend to expose our neighbour's INMATE, is one who dwells in a character by making him little or part of another's house, the latter ridiculous. Where the offensive dwelling, at the same time, in the said words are uttered in the heat of a house. Kitch. 45, b; Com. Dig. dispute, and spoken to the person's Justices of the Peace, B 85; 1 B. & face, the law does not presume any Cr. 578; 8 E. C. L. R. 153; 2 malicious intention in the utterer, Dowl. & Ryl. 743; 8 B. & Cr. 71; whose resentment generally subsides 15 E. C. L. R. 154; 2 Mann. & with his passion; and yet, even in Ryl. 227; 9 B. & Cr. 176; 17 E. that case, the truth of the injurious C. L. R. 355; 4 Mann. & Ryl. 151 ;

INLAND, within the same country. It seems not to be agreed whether the term inland applies to all the United States or only to one state. It has been holden in New York that a bill of exchange by one person in one state, on another person in another, is an inland bill of exchange, 5 John. Rep. 375; but a contrary opinion seems to have been held in the circuit court of the United States for Pennsylvania. Whart. Dig. tit. Bills of Exchange, E, pl. 78. Vide 2 Phil. Ev. 36, and Bills of Exchange.

INNOCENCE, the absence of ments, by the imperfections of all guilt. The law presumes in favour human institutions; but laws ought of innocence, even against another never to be changed without great presumption of law: for example, deliberation, and a due consideration when a woman marries a second of the reasons on which they were husband within the space of twelve founded, as of the circumstances unmonths after her husband had left the der which they were enacted. Many country, the presumption of inno- innovations have been made in the cence preponderates over the pre-common law, which philosophy, phisumption of the continuance of life. lanthropy and common sense ap2 B. & A. 386; 3 Stark. Ev. 1249. prove. The destruction of the beneAn exception to this rule respecting fit of clergy; of appeal, in felony ; the presumption of innocence has been of trial by battle and ordeal; of the made in the case of the publication of right of sanctuary; of the privilege a libel, the principal being presumed to abjure the realm; of approvement, to have authorised the sale, when a by which any criminal who could in libel is sold by his agent in his usual a judicial combat, by skill, force or place of doing business. 1 Russ. on fraud kill his accomplice, secured Cr. 341; 10 Johns. R. 443; Bull. his own pardon; of corruption of N. P. 6; Greenl. Ev. § 36. See 4 blood; of constructive treason; will Nev. & M. 341; 2 Ad. & Ell. 540; be sanctioned by all wise men, and 5 Barn. & Ad. 86; 1 Stark. N. P. none will desire a return to these C. 21; 2 Nev. & M. 219. barbarisms. The reader is referred to the case of James v. The Commonwealth, 12 Serg. & R. 220, and 225 to 236, where Duncan, J., exposes the absurdity of some ancient laws, with much sarcasm.

INNOMINATE CONTRACTS, civil law. Contracts which have no particular names, as permutation and transaction, are so called. Inst. 2, 10, 13. There are many innominate contracts, but the Roman lawyers reduced them to four classes, namely, do ut des, do ut facias, facio ut des, and facio ut facias. Dig. 2, 14,

7, 2.

INNOTESCIMUS, English law. An epithet used for letters-patent, which are always of a charter of feoffment, or some other instrument not of record, concluding with the words Innotescimus per presentes, &c.

Techn. Dict. h. t. INNOVATION, change of a thing established for something new. Innovations are said to be dangerous, as likely to unsettle the common law. Co. Litt. 370, b; Ib. 282, b; certainly no innovations ought to be made by the courts, but as every thing human is mutable, no legislation can be, or ought to be immutable; changes are required by the alteration of circumstances; amendVOL. I.-58.

INNOVATION, Scotch law.— The exchange of one obligation for another, so that the second shall come in the place of the first. Bell's Scotch Law Dict. h. t. The same as Novation, (q. v.)

INNS OF COURT, Engl. law. The name given to the colleges of the English professors and students of the common law. The four principal inns of court are the Inner Temple and Middle Temple, (formerly belonging to the Knights Templars) Lincoln's Inn, and Gray's Inn, (anciently belonging to the earls of Lincoln and Gray). The other inns are the two Sergeants' Inns. The Inns of Chancery were probably so called because they were once inhabited by such clerks, as chiefly studied the forming of writs, which regularly belonged to the cursitors, who are officers of chancery. These