INGRESSUS. Lat. [from ingredi, to| Com. 413, 424. An illegitimate child has not inheritable blood. Id. 413. enter.] In old English law. Ingress; entry. The relief paid by an heir to the lord was sometimes so called. Cowell. INGRESSUS ET EGRESSUS. L. Lat. In old English law. Ingress and egress; liberty of going into, and out of land. Et quod habeant liberum ingressum et egressum; and that they shall have free ingress and egress. Stat. Merton, c. 4. Fleta, lib. 4, c. 18, § 1. INGROSS. An old form of engross, following the orthography of ingrossare, (q. v.) Cowell. Blount. INGROSSARE. L. Lat. [from in, and grossus, large.] In old English law. To obtain in large quantities; to get the whole; to engross. Spelman. See Engross. To write in a large, or court hand, (forensi charactere.) Id. INGROSSATOR. L. Lat. [from ingrossare, q. v.] An engrosser. Ingrossator magni rotuli; ingrosser of the great roll; afterwards called clerk of the pipe. Spelman. Cowell. INGROSSER. An old form of engrosser, used by Cowell and Blount. See Ingross. INHABITANT. [Lat. inhabitans, from inhabitare, from in, in, and habitare, to dwell.] A dweller in a place; a resident. One who dwells or resides permanently in a place. Webster. One who has a fixed and permanent abode in a place. A resident and inhabitant mean the same thing. 2 Kent's Com. 430, 431, note. 20 Johns. R. 208. Walworth, C. 8 Wendell's R. 140. But citizen and inhabitant are not synonymous. 12 Peters' R. 319, 329, Barbour, J. The Lat. habitare, the root of this word, imports by its very construction, frequency, constancy, permanency, habit, closeness of connection, attachment both physical and moral, and the word in serves to give additional force to these senses. INHERIT. [L. Fr. enheriter.] To take by inheritance; to take as heir, on the death of the ancestor. "To inherit to" a person, (from the Fr. enheriter al,) is a common expression in the books. 3 Co. 41. 2 Bl. Com. 254, 255. See Inheritance, Enheriter. INHERITABLE BLOOD. In the law of descent. Blood which has an inheritable quality; blood which gives to the person who has it the character of heir; or which may be the medium of transmitting an estate of inheritance.* 2 Bl. Com. 254, 255. 1 Steph. Com. 402. 4 Kent's INHERITANCE. [Lat. hæreditas.] An estate in things real, descending to the heir. 2 Bl. Com. 201.-Such an estate in lands or tenements, or other things, as may be inherited by the heir. Termes de la Ley.-An estate which a man has by descent, as heir to another, or which (whether acquired by descent or purchase) he may transmit to another, as his heir.* Litt. sect. 9.-A perpetuity in lands or tenements, to a man and his heirs. Cowell. Blount. See Hæreditas. INHERITANCE ACT. The English statute 3 & 4 Will. IV. c. 106, by which the law of inheritance, or descent, has been considerably modified. 1 Steph. Com. 359, 500. INHIBITION. [Lat. inhibitio, from inhibere, to forbid, or restrain.] In English ecclesiastical law. A writ issuing out of a higher court christian, to forbid an inferior judge from further proceeding in a cause before him. Stat. 24 Hen. VIII. c. 13. Stat. 15 Car. II. c. 9. Blount. Shelf. Marr. & Div. 559. Analogous to the writ of prohibition, with which it is sometimes confounded. F. N. B. 39. In Scotch law. A species of diligence or process by which a debtor is prohibited from contracting any debt which may become a burden on his heritable property, in competition with the creditor at whose instance the inhibition is taken out; and from granting any deed of alienation, &c. to the prejudice of the creditor. Brande. A writ to prevent credit from being given to a man's wife, at the creditor's peril. Id. See Bell's Dict. INHOC, Inhoke. Sax. [L. Lat. inhokium.] In old records. A nook or corner of a common or fallow field, enclosed and cultivated. Kennett's Par. Ant. 297, 298. Cowell. INHONESTUS. Lat. In old English law. Unseemly; not in due order. Fleta, lib. 1, c. 31, § 8. INIQUITY. In Scotch practice. A technical expression applied to the decision of an inferior judge who has decided contrary to law; he is said to have committed iniquity. Id. Bell's Dict. INIQUUM. Lat. [from in, priv. and aequum, even, equal, right.] Unjust; unequal; inequitable; not right. Iniquum est alios permittere, alios inhibere mercaturam. It is unjust to permit trade to some, and to inhibit it to others. 3 Inst. 181, in marg. Iniquum est aliquem rei sui esse judicem. It is wrong for a man to be a judge in his own cause. Branch's Pr. 12 Co. 113. In propria causa nemo judex. No one should be judge in his own cause. Id. ibid. Iniquum est ingenuis hominibus non esse liberam rerum suarum alienationem. It is unjust that freemen should not have the free disposal of their own property. Co. Litt. 223 a. Hob. 87. 4 Kent's Com. 131. INITIAL. [from Lat. initium, a beginning.] That which begins, or stands at the beginning. Initials is now a common word, denoting the first letters of a name or names. A party may bind himself by signing a written instrument with his initials, as effectually as by signing his name in full. 1 Denio's R. 471. An initial letter, between the christian and surname, is no part of the name. 4 Watt's R. 329. 1 Hill's (N. Y.) R. 102. 14 Barbour's R. 261. The initials of a middle name are, in law, no part of the name; and the omission or mis-statement of them will be no ground of objection. 26 Vermont R. 599. 8 Foster's (N. H.) R. 561. 8 Texas R. 376. 14 Id. 402. INITIALIA TESTIMONII. L. Lat. In Scotch law. Preliminaries of testimony. The preliminary examination of a witness, before examining him in chief, answering to the voir dire of the English law, though taking a somewhat wider range. Wharton's Lex. Bell's Dict. See In initialibus. INITIATE. [from initium, a beginning.] Begun. A term applied to a tenant by the curtesy, on the birth of a child, because his estate then begins, though it is not consummate or complete till the death of the wife. See Consummate. A term derived from the feudal law, according to which, as soon as a child of a woman seised of lands was born, the father began to have a permanent interest in the lands, he became one of the pares curtis, (peers of the court,) did homage to the lord, and was called tenant by the curtesy initiate. 2 Bl. Com. 127. INITIUM. Lat. [from inire, to enter upon.] A, or the beginning; the origin, cause or foundation of a thing, act or contract. See Ab initio. Hoc servabitur quod initio convenit, legem enim contractus dedit. That should be sustained which was originally agreed to, for it has given law to the contract. Dig. 50. 17. 23. See Principium. INJECTURE. L. Fr. A laying on. Injecture le mains; laying hands on. Kelham. INJUNCTION. [Lat. injunctio, from injungere, to enjoin or command.] In practice. A prohibitory writ, granted by a court of equity, (in the nature of an interdictum, in the civil law,) and which may be obtained in a variety of cases, to restrain the adverse party in the suit from committing any acts in violation of the plaintiff's rights; as, to stay proceedings at law, to restrain the negotiation of notes and other securities, to restrain from committing waste or nuisance, or from infringing a patent or copyright.* 4 Steph. Com. 12. 3 Bl. Com. 442. Drewry on Injunctions. More generally described as "a judicial process whereby a party is required to do a particular thing, or refrain from doing a particular thing, according to the exigency of the writ." 2 Story's Eq. Jur. § 861. See 3 Daniell's Ch. Pr. 1809, et seq. (Perkin's ed.) INJURIA. Lat. [from in, priv. and jus, right.] Injury; wrong; the privation or violation of right. 3 Bl. Com. 2. Injuria est quicquid non jure fit; injury is whatever is not done rightfully. Bract. fol. 155. Id. fol. 45 b, 101. Est injuria omne illud quod non est jus; wrong is every thing that is not right. Id. fol. 378. Est injuria omne quod non jure fit. Fleta, lib. 2, c. 1, § 1. These definitions are from the civil law. See infra. Non omne damnum inducit injuriam, sed è contra, injuria damnum; every loss does not work an injury, but, on the contrary, every injury produces a loss. Bract. fol. 45 b. There may, however, be injuria sinè damno. Story, J. 3 Sumner's R. 189, 192. See Damnum. Injuria non præsumitur. Injury is not presumed. Co. Litt. 232. Cruel, oppressive or tortious conduct will not be presumed. Best on Evid. 336, § 298. Injuria propria non cadet in beneficium facientis. One's own wrong shall not fall to the advantage of him that does it. A man will not be allowed to derive benefit from his own wrongful act. Branch's Princ. INJURIA. Lat. In the civil law. a general sense, every thing that is not done rightfully; (generaliter dicitur omne quod non jure fit.) Inst. 4. 4, pr. Dig. 47. 10. 1, pr. In law. A restitution of one outlawed to the protection of the law, or to the benefit or liberty of a subject. Cowell. Blount. Spelman, voc. Inlagare. See Inlagare. The ancient word utlagary, has become the modern outlawry, but inlagary has never undergone a corresponding change into inlawry. In a special sense, contumely or insult; | geria; L. Fr. inlagerie.] In old English (contumelia, Gr. 63ps.) Id. ibid. Fault, (culpa, Gr. åðíênμa.) Id. ibid. Iniquity, (iniquitas, dvopía ;) or injustice, (injusticia, Gr. ddxía.) Id. ibid. INJURIARE. L. Lat. [from injuria, q. v.] In old English law. To injure. Reg. Orig. 150 b. Bract. fol. 45 b. Injuriatum; injured. Fleta, lib. 4, c. 27, § 16. INJURIOSUM. L. Lat. [from injuria, q. v.] In old English law. Injurious; wrongful; that occasions a wrong or injury. Nocumentorum aliud injuriosum est et damnosum, aliud damnosum et non injuriosum; of nuisances, there is one species which is wrongful and detrimental, another which is simply detrimental, and not wrongful. Bract. fol. 231 b. Injuriosus, in the civil law, is applied to persons. Calv. Lex. INJURY. [from Lat. injuria, q. v.] Wrong; the privation or violation of right. 4 Bl. Com. 1-3. See Wrong. In ordinary language, this word has effectually usurped the meaning of damnum, (damage,) from which it is so carefully distinguished in law, and is constantly used in cases where no manner of right is concerned or invaded. INJUSTE. Lat. Unjustly. Questus est nobis talis, quod talis injustè et sine judicio disseysivit talem; such a one has complained to us, that such a one, unjustly and without due process of law, hath disseised such a one. Bract. fol. 205. Fleta, lib. 4, c. 12, § 3. A word of common occurrence in old writs, and extensively commented on by Bracton, ub. sup. INJUSTUS. Lat. [from in, priv. and justus, just, lawful.] Unjust; wrong. Injustum est, nisi tota lege inspecta, de una aliqua ejus particula proposita judicare vel respondere. It is wrong to decide or give an answer upon any part of a law without examining the whole of it. 8 Co. 117 b, Bonham's case. INLAGARE. L. Lat. [from in, and Sax. laga, law.] In old English law. To restore to the law, (ad legem restituere.) Fleta, lib. 1, c. 28, § 14. To restore an outlaw or exile to the protection of the law; (ejectum restituere in legis patrocinium.) Spelman. The opposite of utlagare, to outlaw; but the corresponding word inlaw, has not been retained in English, though once used in Saxon, and occasionally by early English writers. See Inlaw, Utlugare, Inlagary. INLAGATUS. L. Lat. [from inlagare, q. v.] In-law, (Sax. inlagh, inlaughe ;) one who was under law, (sub lege,) that is, under the protection of the law, by being in some frank-pledge or decennary; (in franco plegio sive decenna.) Bract. fol. 125 b. See Inlaughe. INLAGHE. Sax. [from in, and lagh, law.] In-law, subject to the law, (subjectus legi.) Fleta, lib. 1, c. 47, § 24. See Inlaughe. INLAND. Sax. [L. Lat. inlandum, inlanda; Lat. terra interior.] In old English law. The demesne land of a manor; that part which lay next, or most convenient for the lord's mansion house, as within the view thereof, and which therefore he kept in his own hands for support of his family and hospitality. Kennett's Gloss. Cowell. Distinguished from outland or utland, which was the portion let out to tenants, and sometimes called the tenancy. Spelman. See Demesne. This word is often found in Domesday. INLAND. Within a country, state or territory; within the same country. INLAND BILL OF EXCHANGE. In mercantile law. A bill of exchange drawn upon a person residing in the same state or country with the drawer;* a domestic or intra-territorial bill. Story on Bills, § 22. Distinguished from a foreign bill, (q. v.) See Domestic bill of exchange. INLANDTAL, Inlantal. Sax. The same with inland, (q. v.) Cowell. INLAGARY. [L. Lat. inlagatio, inla-2 INLARGE. An old form of enlarge. Cas. temp. Talb. 25. INLAUGHE. Sax. In old English law. Under the law (sub lege,) in a frankpledge, or decennary. Bract. fol. 125 b. IN-LAW. In old English law. To place under the protection of the law. "Swearing obedience to the king in a leet, which doth in-law the subject.' Bacon's Arg. Case of the Postnati of Scotland, Works, iv. 328. INLEASED. [from Fr. enlasse.] old English law. Entangled, or ensnared. Inst. 247. Cowell. Blount. INLEGIARE. L. Lat. [from in, in, and lex, law.] In old English law. To restore to the favor of the law by satisfying its demands; to make one's self rectus in curia. Cowell. INLIGARE. L. Lat. In old European law. To confederate; to join in a league, (in ligam coire.) Spelman. INMATE. A person who lodges or dwells in the same house with another, occupying different rooms, but using the same door for passing in and out of the house. Cowell. Webster. Jacob. In old English law, this word seems to have been applied almost exclusively to paupers, or persons not able to maintain themselves. Kitch. 45. And it is still constantly used in the modern law of settlements. INN. [Lat. hospitium.] A house where the traveller is furnished with every thing he has occasion for, while on his way. B. & Ald. 283.-A house for the lodging and entertainment of travellers. Webster. Used frequently in the sense of tavern, (q. v.) and held in New-York to be synonymous with that word. 3 Hill's R. 150. 2 Kent's Com. 595, 597, and note. See United States Digest, Inns and Licensed houses. To constitute a house an inn, in the sense of the common law, it must be a common inn, or diversorium, [commune hospitium,] that is, an inn kept for travellers generally, and not merely for a short season of the year, and for select persons who are lodgers. Story on Bailm. § 475. 2 Kent's Com. 595. INNAMUM, Innama. L. Lat. [from Sax. in, and naman, to take.] In old English law. Things taken in, (introcapta ;) animals taken in to feed or pasture. SpelSeee Namium. man. INNATURALITAS. L. Lat. In old records. Unnatural usage. Cowell. INNAVIGABLE. In insurance law. Not navigable. A term applied to a vessel when, by a peril of the sea, she ceases to be navigable, by irremediable misfortune. A ship is relatively innavigable when it will require almost as much time and expense to repair her as to build a new one. Emerig. Tr. des. Ass. ch. 12, sect. 38, tom. 1, 591-598. 3 Kent's Com. 323, note. INNAVIGABILITY. [Fr. innavigabilite.] In insurance law. The condition of being innavigable, (q. v.) The foreign writers distinguish innavigability from shipwreck. 3 Kent's Com. 323, and note. INNIG. L. Fr. June. Kelham. INNINGS. In old records. Lands recovered from the sea, by draining and banking. Cowell. INNKEEPER. One who keeps an inn, or house for the accommodation of travellers. See Inn. The keeper of a common inn for the lodging and entertainment of travellers and passengers, their horses and attendants, for a reasonable compensation. Bac. Abr. Inns and Innkeepers, C. Story on Bailm. § 475. One who keeps a tavern or coffee-house in which lodging is provided. 2 Steph. Com. 133. Sometimes called an innholder, and more frequently tavern-keeper, (q. v.) See Guest. As to the responsibility of innkeepers, see 2 Kent's Com. 592-597. INNOCENCE. [Lat. innocentia, from in, not, and nocens, guilty.] In the law of evidence. Freedom from guilt. Every person is presumed to be innocent until proved to be guilty. Burr. Circ. Evid. 39, 58. INNOMINATE. [Lat. innominatum, from in, priv. and nominatum, named.] In the civil law. Not named or classed; belonging to no specific class; ranking under a general head. A term applied to those contracts for which no certain or precise remedy was appointed, but a general action on the case only. Dig. 2. 1. 4. 7. 2. Id. 19. 4 & 5. INNONIA. L. Lat. [from Sax. innan, within.] In old English law. A close or enclosure, (clausum, inclausura.) Spelman. INNOTESCIMUS. L. Lat. We make known. A term formerly applied to letters patent, derived from the emphatic word at the conclusion of the Latin forms. It was a species of exemplification of charters of feoffment or other instruments not of record. 2 Co. 54 a, Page's case. The INNOVATION. In Scotch law. exchange of one obligation for another, so as to make the second obligation come in the place of the first, and be the only subsisting obligation against the debtor. Bell's Dict. The same with novation, (q. v.) Fleta has innovatio in the same sense. Lib. 2, c. 60, § 12. INNS OF COURT. [L. Lat. hospitia curia.] The four law societies of the Middle Temple, Inner Temple, Lincoln's Inn, and Gray's Inn, which, in England, possess the exclusive privilege of conferring the degree of barrister at law. 1 Bl. Com. 23. 1 Steph. Com. 19. A jury. 1 Leon. 109. Bell's Dict. A grand jury was formerly sometimes termed the great or grand inquest, and the term is retained in modern practice. See Grand jury. INNUENDO. L. Lat. [from innuere, | tice. A judicial inquiry, or examination; to nod; to make a sign; to intimate or an inquiry into any cause or matter, civil signify. Signifying; meaning. An em- or criminal, by a jury summoned for the phatic word in the old Latin declarations purpose. Most commonly applied, in this in actions of slander and libel, literally sense, to the inquiry made by a coroner's translated ("meaning,") in the modern jury. See Coroner. forms, and retained as the name of the whole clause in which the application of the slanderous or libellous matter to the plaintiff is explained, or pointed out; thus, "he (meaning the said plaintiff,) is perjured." 1 Chitt. Pl. 406, 407. 2 Id. 624, 625. See Hob. 2. Id. 6. 1 Ld. Raym. 256. Said to mean no more than the words "id est," "scilicet," or "meaning," or "aforesaid," as explanatory of a subject matter sufficiently expressed before; as "such a one, meaning the defendant," or "such a subject, meaning the subject in question." De Grey, C. J. Cowp. 683. It is only explanatory of some matter already expressed; it serves to point out where there is precedent matter, but never for a new charge; it may apply what is already expressed, but cannot add to or enlarge, or change the sense of the previous words. 1 Chitt. Pl. 407. INOFFICIOSUM. Lat. [from in, priv. and officium, duty.] In the civil law. Undutiful; contrary to, or not in accordance with natural duty, (non ex officio pietatis.) Inst. 2. 18, pr. Sometimes rendered inofficious. 1 Bl. Com. 448. Testamentum inofficiosum; an undutiful will; so called when the testator disinherited or totally passed by a child, without assigning a true and sufficient reason; and which the child so disinherited or passed over was allowed to contest, (agere de inofficioso.) Inst. ub. sup. Dig. 5. 2. 3, 5. 2 Bl. Com. 502, 503. Parents, also, might complain of the will of a child on the same ground. Inst. 2. 18. 1. Dig. 5. 2. 1. See Cod. 3. 28. See Querela. INOPS CONSILII. Lat. Destitute of counsel; without, or deprived of the aid of counsel. 2 Bl. Com. 172. Doderidge, J. Latch, 137. Applied to an American Indian. Harris, J. 4 Comstock's R. 299. INPENY and OUTPENY. 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. INQUÆSTIO. L. Lat. An inquest, or inquisition. Spelman. INQUEST. [L. Lat. inquæstio, inquisitio; from inquirere, to inquire.] In pracVOL. II. 6 The finding of a jury in a civil case, ex parte, that is, where the opposite party does not appear at the trial. The counsel who takes a verdict in such a case is said to take an inquest. INQUEST OF OFFICE. [L. Lat. inquisitio ex officio.] In English practice. An inquiry made by the king's (or queen's) officer, his sheriff, coroner or escheator, virtute officii, or by writ sent to them for that purpose, or by commissioners specially appointed, concerning any matter that entitles the king to the possession of lands or tenements, goods or chattels; as to inquire whether the king's tenant for life died. seised, whereby the reversion accrues to the king; whether A. who held immediately of the crown, died without heir, in which case the lands belong to the king by escheat; whether B. be attainted of treason, whereby his estate is forfeited to the crown; whether C. who has purchased land, be an alien, which is another cause of forfeiture, &c. 3 Bl. Com. 358. 4 Id. 301. These inquests of office were more frequently in practice during the continuance of the military tenures, than at present; and were devised by law as an authentic means to give the king his right by solemn matter of record. 3 Id. 258, 259. 4 Steph. Com. 40, 41. Sometimes simply termed office, as in the phrase "office found," (q. v.) As to inquests of office in American law, see 7 Cranch's R. 603. INQUILINUS. Lat. [from incolere, to inhabit.] In the civil law. The hirer of a house in a city; one who lived in a hired house in a city; a city tenant, as colonus was a country tenant.* Heinecc. Elem. Jur. Civ. lib. 3, tit. 25, § 916, note. Dig. 7. 8. 2.1. Id. 7. 8. 4, pr. Bract. fol. 42 b. Calv. Lex. INQUIRY, Writ of. [L. Lat. breve de inquirendo.] In practice. A judicial writ issued in certain actions at law, where a defendant has suffered judgment to pass against him by default, for the purpose of ascertaining and assessing the plaintiff's |