to obtain this, the law invests him prove. The destruction of the benewith some peculiar privileges, giv-fit of clergy; of appeal, in felony; ing him a lien upon the goods, and, of trial by battle and ordeal; of the it is said, upon the person of his right of sanctuary; of the privilege guest, for his compensation. 3 B. & to abjure the realm; of approvement, Ald. 287; 8 Mod. 172; 1 Shower, by which any criminal who could in R. 270; 3 Bac. Ab. 667. But the a judicial combat, by skill, force or horse of the guest can be detained fraud kill his accomplice, secured only for his own keeping, and not his own pardon; of corruption of for the boarding and personal ex- blood; of constructive treason; will penses of the guest. 3 Bac. Ab. 668. be sanctioned by all wise men, and The landlord may also bring an none will desire a return to these action for the recovery of his com- barbarisms. pensation.

Vide, generally, 1 Vin. Ab. 224; 14 Vin. Ab. 436; Bac. Ab. h. t. ; Yelv. 67, a, 162, a; 2 Kent, Com. 458; Ayl. Pand. 266.

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 prin

INNOCENCE, the absence of guilt. The law always presumes in favour of innocence, even against another presumption of law: for example, when a woman marries a second husband within the space of cipal inns of court are the Inner twelve months after her husband had left the country, the presumption of innocence preponderates over the presumption of the continuance of life. 2 B. & A. 386; 3 Stark. Ev. 1249.

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 are Thavie's Inn, the New Inn, Symond's Inn, Clement's Inn, Clifford's Inn, Staple's Inn, Lion's Inn, Furnival's Inn and Bernard's Inn. Before being called to the bar, it is necessary to be admitted to one of the Inns of Court.

INNOVATION, change of a thing established for something new. Innovations are said to be dangerous, as likely to unsettle the common law. Co. Litt. 379, 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; amendments, by the imperfection of all human institutions; but laws ought never to be changed without great INNUENDO, pleading, is an deliberation, and a due consideration averment which explains the defenof the reasons on which they were dant's meaning by reference to antefounded, as of the circumstances un- cedent matter. Salk. 513; 1 Ld. der which they were enacted. Many Raym. 256; 12 Mod. 139; 1 Saund. innovations have been made in the 243. The innuendo is mostly used common law, which philosophy, phi- in actions for slander. An innuendo, lanthropy and common sense ap-as," he (the said plaintiff meaning)

INSANITY, med. jur. is a continued impetuosity of thought, which totally unfits a man for judging and acting with the composure requisite for the maintenance of the social relations of life. Various other definitions of this state have been given, but perhaps the subject is not susceptible of any satisfactory definition, which shall, with precision, include all cases of insanity, and exclude all others. It may be considered in a threefold point of view: 1, a chro

is only explanatory of some matter expressed, it serves to apply the slander to the precedent matter, but cannot add or enlarge, extend, or change the sense of the previous words, and the matter to which it alludes must always appear from the antecedent parts of the declaration or indictment. 1 Chit. Pl. 383; 3 Caines's Rep. 76; 7 Johns. R. 271; 5 Johns. R. 211; 8 Johns. R. 109. It is necessary only when the intent may be mistaken, or when it cannot be collected from the libel or slander nic disease, manifested by deviations itself. Cowp. 679; 5 East, 463. from the healthy and natural state of If the innuendo materially enlarge the mind, such deviations consisting the sense of the words it will vitiate in a morbid perversion of the feelings, the declaration or indictment. 6 T. affections and habits; 2, disturbances R. 691; 5 Binn. 218; 5 Johns. of the intellectual faculties, under R. 220; 6 Johns. R. 83; 7 Johns. the influence of which the underR. 271. But when the new matter standing becomes susceptible of halstated in an innuendo is not necessary lucinations or erroneous impressions to support the action, it may be re- of a particular kind; 3, a state of jected as surplusage. 9 East, 95; mental incoherence or constant hurry 7 Johns. R. 272. Vide generally, and confusion of thought. Cyclop. Stark. on Sland. 293; 1 Chit. Pl. Practical Medecine, h. t.; Brewster's 383; 3 Chit. Cr. Law, 873; 6 Bac. Encyclopædia, h. t.; Observations Ab. 249; 1 Saund. 243, n. 4; 4 on the Deranged Manifestations of Com. Dig. 712; 14 Vin. Ab. 442; the Mind, or Insanity, 71, 72; Merl. Dane's Ab. Index, h. t. ; 4 Co. 17. Répert. mots Démence, Folie, ImbéINOFFICIOUS, in civil law. cilité. Insanity is an excuse for the Those dispositions, which fathers, commission of those acts which in mothers, and other ascendants make others would be crimes, because the of their property to the prejudice of insane man has no intention; it detheir descendants, beyond the pro- prives a man also from entering into portion reserved to them by law, are any valid contract. Vide Lunacy, called inofficious. Civ. Code of Lo. Non compos mentis, and Stock on the art. 2522, No. 21. Such a disposi- Law of Non Compotes Mentis. tion of property is void. Vide Dig. 5, 2, 5; Inst. 2, 18, 1; Code, 3, 29; Nov. 115; Ayl. Pand. 405.

INQUIRY, WRIT OF. Vide Writ of Inquiry.

INQUISITION, practice, is 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 inquisition. The sheriff and the jury who make the inquisition, are called the inquest.

INSCRIPTIONES. The name given by the old English law to any written instrument by which any thing was granted. Blount.

INSCRIPTION, evidence, something written or engraved. Inscriptions upon tombstones and other proper places, as rings, and the like, are held to be evidence of pedigree, Bull. N. P. 233; Cowp. 591; 10 East, 120; 13 Ves. 145; Vin. Ab. Ev. T. b, 87; 3 Stark. Ev. 1116.

INSIDIATORES VIARUM, are

meanour.

Domat, liv. 4, t. 5, n. 1 et 2. When an insolvent delivers or offers to deliver up all his property for the benefit of his creditors, he is entitled to be discharged under the laws of the several states, from all liability to be arrested. Vide 2 Kent, Com. 321; Ingrah. on Insolv. 9; 9 Mass. R. 431; 16 Mass. R. 53.

persons who lie in wait, in order to eral assignment, or an application commit some felony or other misde- for relief, under bankrupt or insolvent laws. 1 Peters's R. 195; 2 INSIMUL COMPUTASSENT, Wheat. R. 396; 7 Toull. n. 45; practice, actions, they accounted together. When an account has been stated, and a balance ascertained between the parties, they are said to have computed together, and the amount due may be recovered in an action of assumpsit, which could not have been done, if the defendant had been the mere bailiff or partner of the plaintiff, and there had been no settlement made, for in that case, the remedy would be an action of account render, or a bill in chancery. It is usual in actions of assumpsit, to add a count commonly called insimul computassent, or an account stated, (q. v.) Lawes on Pl. in Ass. 488.

INSINUATION, civil law, consisted in 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 donation. Inst. 2, 7, 2; Poth. Traité des Donations, entre vifs, sect. 2. art. 3, § 3; Encyclopédie; 8 Toull. n. 198.

The following acts of the national legislature, will give a view of the relief granted to insolvent debtors under the laws of the United States, and also of the rights which are secured to the United States out of the estates of insolvent debtors.

§ 1. Act of March 3, 1797, 1 Story's L. U. S. 465.

Sect. 5. That where any revenue officer, or other person, hereafter becoming indebted to the United States, by bond or otherwise, shall become insolvent, or where the estate of any deceased debtor, in the hands of executors or administrators, shall be insufficient to pay all the debts due from the deceased, the debt due to the United States shall INSOLVENT, this word has be first satisfied; and the priority several meanings. It signifies a hereby established shall be deemed person whose estate is not sufficient to extend, as well to cases in which to pay his debts. Civ. Code of Lou- a debtor not having sufficient proisiana, art. 1980. A person is also perty to pay all his debts, shall make said to be insolvent, who is under a a voluntary assignment thereof, or present inability to answer, in the in which the estate and effects of an ordinary course of businesss, the absconding, concealed or absent responsibilities which his creditors debtor, shall be attached by process may enforce, by recourse to legal of law, as to cases in which an act measures, without reference to his of legal bankruptcy shall be comestate proving sufficient to pay all mitted. his debts, when ultimately wound up. 3 Dowl. & Ryl. Rep. 218; 1 Maule & Selw. 338; 1 Campb. R. 492, n; Sect. 65. That where any bond Sugd. Vend. 487, 488. It signifies for the payment of duties shall not be the situation of a person who has satisfied on the day it may become done some notorious act to divest due, the collector shall, forthwith himself of all his property, as a gen- and without delay, cause a prosecu

§2. Act of March 2, 1799, 1 Story's L. U. S. 630.

shall be insufficient for the payment of his or her debts, and if, in either of the said cases, any surety on the said bond or bonds, or the executors,

tion to be commenced for the recovery of the money thereon, by action or suit at law, in the proper court having cognizance thereof; and in all cases of insolvency, or administrators, or assignees, of such where any estate in the hands of surety, shall pay to the United States the executors, administrators or as- the money due upon such bond or signees, shall be insufficient to pay all bonds, such surety, his or her execu the debt due from the deceased, the tors, administrators, or assignees, debt or debts due to the United shall have and enjoy the like advanStates, on any such bond or bonds, tage, priority or preference, for the shall be first satisfied; and any exec- recovery and receipt of the said moutor, administrator or assignees, or neys, out of the estate and effects other who shall pay any person, debt of such insolvent, or deceased prindue by the person or estate from cipal, as are reserved and secured whom, or for which they are acting, to the United States; and shall and previous to the debt or debts due to may bring and maintain a suit or the United States from such person suits, upon the said bond or bonds, or estate being first duly satisfied in law or equity, in his, her, or and paid, shall become answerable, their, own name, or names, for the in their own person and estate, for recovery of all moneys paid thereon. the debt or debts so due to the United And the cases of insolvency menStates, or so much thereof as may tioned in this section, shall be deemremain due and unpaid; and actions ed to extend, as well to cases in or suits at law may be commenced which a debtor, not having sufficient against them, for the recovery of property to pay all his or her debts, the said debt or debts, or so much shall have made a voluntary assignthereof as may remain due and un- ment thereof, for the benefit of his paid, in the proper court having or her creditors, or in which the escognizance thereof: Provided, That tate and effects of an absconding, in all cases in which suits or prose- concealed, or absent debtor, shall cutions shall be commenced for the have been attached by process of recovery of duties, or pecuniary law, as to cases in which an act of penalties, prescribed by the laws of legal bankruptcy shall have been the United States, the person or per- committed. And where suit shall sons against whom process may be be instituted on any bond, for the issued, shall and may be held to recovery of duties due to the United special bail, subject to the rules and States, it shall be the duty of the regulations which prevail in civil court, where the same may be pensuits in which special bail is requir- ding, to grant judgment at the reed: And provided, also, That if the turn term, upon motion, unless the principal in any bond which shall be defendant shall, in open court, the given to the United States for du- United States' attorney being preties on goods, wares or merchandise sent, make oath or affirmation that imported, or other penalty, either by an error has been committed in the himself, his factor, agent, or other liquidation of the duties demanded person for him, shall be insolvent, or upon such bond, specifying the erif such principal being deceased, his rors alleged to have been committed, or her estate and effects, which shall and that the same have been noticome to the hands of his or her ex-fied, in writing, to the collector of ecutors, administrators or assignees, the district, prior to the commence

ment of the return term aforesaid; or territory within which the said whereupon, if the court be satisfied applicant shall reside, a certificate that a continuance, until the next copy of the said application, with succeeding term, is necessary for such instructions as he may think the attainment of justice, and not proper; and it shall be the duty of otherwise, a continuance may be the said district attorney, to lay the granted until next succeeding term, said copy of such application before and no longer. And on all bonds the commissioner or commissioners upon which suits shall be commenc- of insolvency to be appointed by vired, an interest shall be allowed, at tue of this act, and to appear and the rate of six per cent. per annum, act before them as counsel in behalf from the time when said bonds be- of the United States. come due until the payment thereof. §3. Act of March 2, 1831, 4 Sharsw. cont. of Story L. U. S. 2236.

3. That the secretary of the treasury is hereby authorised and directed to appoint any number of commissioners of insolvency he may Sect. 1. Be it enacted, &c. That think proper, not exceeding three in any person who was an insolvent each judicial district or territory of debtor, on or before the first day of the United States, who, before they ⚫ January last, and who is indebted to enter upon the duties of their ap the United States for any sum of pointment, shall severally take an money then due, which he is unable oath or affirmation before one of the to pay, unless such person be indebt- justices of the supreme court, or be ed as the principal in an official fore any judge of a district court of bond, or for public money received the United States, that they will by him, and not paid over or accounted for according to law, or for any fine, forfeiture or penalty, incurred by the violation of any law of the United States, may make application in writing, under oath or affirmation, to the secretary of the treasury, for the purpose of obtaining a release or discharge of the said debt; which application shall state, as near as may be, the time when the applicant became insolvent, how soon thereafter he made known his insolvency to his creditors, the cause or causes, and the amount of such insolvency; and also, all the estate, real and personal, which the said applicant owned at the time of his insolvency, and the manner in which such estate has been disposed of; and what estate, if any, he has since owned, and still owns.

faithfully execute the trust committed to them and it shall be the duty of the said commissioner or commissioners to proceed publicly to examine the books, papers and vouchers of each of the said applicants; and they, or either of them, shall also be authorised to examine each of the said applicants, or any other person or persons upon oath or affirmation, touching the said application; and it shall be the duty of the said commissioner or commis. sioners to make a report, in writing, to the said secretary, of the result of their examination in each case, there. in particularly stating, as near as may be, the time when the applicant became insolvent, how soon there. after, he made known his insolvency to his creditors, the cause or causes, and the amount of such insolvency; 2. That the secretary of the and, also, all the estate, real and per. treasury is hereby directed to sonal, which the said applicant transmit to the district attorney owned at the time of his insolvency, of the United States, for the district and the manner in which such estate VOL. 1.-65.