Alexander Mansfield Burrill.

A new law dictionary and glossary: containing full definitions of the principal terms of the common and civil law online

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the chest. LL. Longoh. lib. 1, tit. 7, 1. 9.
Infra capsum. Id. ib. tit. 8, 1. 14. Intra
capsum. Id. ib. 1. 20. Ab infra; from
within. Id. lib. 1, tit. 19, 1. 10. Intra
placitum ; within the court. L. Salic, tit.
49. Infra placitum. Id. tit. 72, § 1.
Infra curtem ; within the court. Z. iai-
war. tit. 13, § 2. The same improper and
unsettled use of infra occurs in the collec-
tion of forest law attributed to Canute.
Infra septa ; within the enclosures. § 27.
Infra limites. Id. ibid. Inter septa. Id.
ib. Infra septa. Id. § 31. Intra septa.
Id. § 33. After the conquest, infra seems
to have entirely supplanted intra, both in
English and Scotch law. Infra maneria ;
within the manors. Beg. Grig. 10 b.
Infra libertates vel extra ; within liberties
or without. Id. 24 b. Infra regnum ;
within the realm. Id, 25. Infra listas ;
within the lists. Magna Charta, c. 25.
Infra annum ; within a year. Bract, fol. 7.
Infra furorem ; during madness. Id. fol.
19 b. Infra comitatum vel extra ; within
a county or without. Id. fol. 352 b. Infra
metas et divisas ; within the metes and
bounds. Chart. Bob. 1. Banulpho Com.
Morav. Infra regnum. Id. Chart. Jajc,
Bob, Lorn. Sej/toun.

This singular use of so common a pre-
position as infra perhaps originated in the
circumstance that the characteristic mean-
ings of infra and intra were, in certain ap-
plications, identical. Thus, to be below
i infra,) a certain number, and to be within
intra) it, were expressions conveying the
same idea ; just as, in English, the words
" under" and " within " are constantly used
as synonymous in expressing periods of
time, as in the phrases "under a year/'
" within a year," <fec.

The expression " under age" (the correct
literal translation of infra cetatem^) indeed,
is of more common occurrence than " within
age.'' But the use of infra m the sense of



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intra, as expressive of place, is an un-
doubted barbarism.

INFRA JETATEM. Lat. [L. Fr. deins
ageJ] Below or under age ; within age.
BracL fol. 19 b.

INFRA ANNOS NUBILES. L. Lat.
Under or within marriageable years ; not
of a marriageable age. 6 Co, 22, Ambrosia
Gorgets case,

INFRA ANNUM. L. Lat. Under or
within a year. Bract fol. 7. Infra an-
num luct'Ois ; within the year of mourning.
Cod. 6. 9. 2. 1 Bh Com. 467. But the
best editions of the Code have intra in this
passage. See Infra.

INFRA BRACHIA. L. Lat. [L. Fr.
entre ses bras,^ Within her arms. A term
anciently used to denote a husband not
only de jure, but de facto. Stat. Glocest,
c. 9. 2 Inst. 317. Lord Coke observes
infra has here the sense of inter. Id. ibid.
And see Bract, fol. 148 b.

INFRA CORPUS COMITATUS. L.
Lat. Within the body of a county. A
term applied to waters over which the
admiralty has no jurisdiction. 1 Kent*s
Com. 366, 367 note. Molloy de Jur.
Marit. 231. In the late case of Waring
et al. V. Clarke, the Supreme Court of the
United States held that the admiralty juris-
diction of the courts of the United States
in cases of tort or collision, extends to tide
waters, as far as the tide flows, though
that may be infra corpus comitatds. 5
Howard^ s jB. 441. Wayne, J., Id. 451,
452, 464.

INFRA DIGNITATEM CURIAE. L.
Lat. Beneath the dignity of the court.
3 Burr. 1592. A term applied to cases
where a suit is too trifling in amount or in
character to be entertamed by a court.
1 Chitt. Gen. Pr. 823, note.

INFRA FUROREM. L. Lat. During
madness; while in a state of msanity.
Bract fol. 19 b.

INFRA GILDAM. L. Lat. Within
a gild, or guild. Beg. Grig. 219 b.

INFRA HOSPITIUM. L. Lat. With-
in an inn ; within the inn. Reg. Grig. 105.
8 Co. 32, Calyces case. 1 Smithes Lead.
Cos. 47. 2 Kent*s Com. 593. Story on
Bailm. % 478.

The use of this phrase seems to hare



oriffinated in Calye's case. The phrase
itself is taken from the Register.

INFRA JURI8DICTI0NEM. L. Lat.
Within the jurisdiction. 2 Stra. .827.

INFRA PRJESIDIA. Lat. Within
-the guards ; m a place of safe custody or
protection. Mciloy de Jur. Mar. 9. 1
Rob. Adm. R. 139. 1 Kent's Com. 173.
Applied to property captured in war and
carried within the enemy's defences, out of
all probable hopes of recovery.

Infra in this expression should un-
doubtedly be intra, as Grotius uses it.
Res qucB intra praesidia perductoe nondum
sunt, quanquam ab hostibus occupatce, do-
minum non mutarilmt gentium jure. Things
which have not been carried intra prcssidia,
though taken possession of by the enemy,
do not, according to the law of nations,
change ownership. Grot, de Jur. Belli,
lib. 3, c. 9, § 16. The phrase itself is
taken from the Roman law oi postliminium,
in which intra prcssidia is distinctly and
repeatedly used. Big. 49. 15. 3. 1. In-
tra prasidia is also the form used by
Blackstone, and in several reported cases.
2 Bl. Com. 402. 2 Stra. 1250.

INFRA QUATUOR MARIA. L. Lat.
Within the four seas. Litt. sect. 157.
Within the kingdom of England, and the
dominions of the same kingdom. Co. Litt.
107 a. In regru) infra quatuor maria.
Bract, fol. 437. "According to classical
style," as Mr. Hargrave has observed, " this
phrase ought to be intra quatuor maria.'^
Harg. Co. Litt Note 115, lib. 2. See
Infra.

INFRA QUATUOR PARIETES. L.
Lat. Within four walls. 2 Crabb's Real
Prop. 106, § 1089.

INFRA REGNUM. L. Lat. Within
the realm. Reg. Grig. 25.

INFRA TEMPUS SEMESTRE. L.
Lat. Within six months, {infra sex men-
ses.) Stat Westm. 2, c. 5. 2 Inst 361.
2 Reeves' Hist Eng. Law, 195. 3 Bl.
Com. 249.

INFRA VIRGAM. L. Lat. Within
the verge. 10 Co. 65.

INGEN, Ingene, Ungin. L. Fr. De-
ceit ; fraud ; wrong. Kelham.

INGENIUM. [Fr. engin:\ In old Eu-



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ropeanlaw. Artifice; trick; fraud. Qreg,
TuroH. lib. 6. c. 22. Spelman.

An engine, machine or device. Flor,
Wigom, Coniin.A, D. 1138. Spelman,

INGENUUS. L.Lat. In old European
law. A freeman ; a free and lawful mau ;
a yeoman. Spelman,

In the civil law. One who is free from
the moment of his birth ; (qui statim ut
natus est, liber esL) Inst, 1. 4. pr. One
who is bom in marriage of parents who
are both free or both freed {sive ex duobtis
ingenuis, sive ex libertinis duobus ;) or of
parents, one free, the other freed, (sive ex
altera libertino, et altera ingenuo,) Id, ibid.
One who is born of a free mother. Id,
ibid, Calv, Lex, Spelman,

INGENUITAS REGNI. L. Lat. In
old English law. The freemen, yeomanry or
commonalty of the kmgdom. Cowell. Ap-
plied sometimes also to the barons. Id,

INGRESS, [from Lat ingressus, q. v.]
Entry; a going into or upon. Ingress,
egress and regress ; entry, exit and return.
Words frequently used to express the right
of a party to go into or upon, to go out of
or off, and to go back or return to lands.

INGRESSUS. Lat. [from ingredi, to
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. £t quod habeant liberum ingressum
et egressum ; and that they shall have free
mgress and egress. Stat. Merton, c. 4.

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, (/<?-
rensi characters,) Id,

INGROSSATOR. L. Lat. [from in-
grossare, q. v.] An engrosser. Ingrossa-
tor magni rotuli ; ingrosser of the great
roll; afterwards called clerk of the pipe.
Spelman, Cotoell,

INGROSSER. Anoldformof«i^oM«-,
used by Cowell and Blount* See Ingross.

78



INHABITANT. [Lat. inhabitans, from
inhabitare, from tn, in, and kabitare, 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 resi-
dent and inhabitant mean the same thing.
2 Kent* 8 Com. 430, 431, note. 20 Johns.
B, 208. Walworth C, 8 Wendell's B,
140. But citizeji, and inhabitant are not
synonymous. 12 Peters' R, 319, 329, Bar-
bour, J. The Lat. hahiiare, 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.¥r,enhenter.'\ 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. 8 Co,
41. 2 £L Com. 264, 266. See Inheri-
tance, 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 es-
tate of inheritance*. 2 JBl, Com, 264, 266.
1 Steph, Com, 402. 4 Kent's Com, 413.
424. An illegitimate child has not in-
heritable blood. Id, 413.

INHERITANCE. [L&i, kan-editas,] 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
leg, — An estate which a roan has by descent,
as heir to another, or which, (whether ac-
quired by descent or purchase,) he may
transmit to another, as his heir.* Litt.
sect. 9. — A perpetuity in lands or tene-
ments, to a man and his heirs. Cowell,
Blount, See Iheredilas.

INHERITANCE ACT. The English
statute of 3 & 4 Will. IV. c. 106, by which
the law of inheritance, or descent, has been
considerably modified. 1 Steph, Com,
369, 600.

INHIBITION. [Lat. inhibitio, from
inkibere, to forbid, or restrain.] In Eng*
lish ecclesiastical law. A writ issuing out
of a higher court christian, to forbid an in-
ferior judge from further proceeding in a
cause before him. Slat, 24 ffen, VIII. c.
13. Stat, 15 Car, II. c. 9. Blount, Shelf.



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Marr. 4t Div. 650. AnalogouB to the
writ of prohibition, with which it is some-
times confounded. F. iV^. B. 39.

In Scotch law. A species of dili^nce
or process by which a debtor is prohibited
from contracting any debt which may be-
come a burden on his heritable property, in
competition with the creditor at whose in-
istance the inhibition is taken out ; and
from grantmg 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,
Wharton's Lex.

INHOC, Inhoke, Sax. [L. Lat in-
hoJdum^ In old records. A nook or cor-
ner of a common or fallow field, enclosed
and cultivated. Kenneii's Par, Ant, 297,
298. Cowell.

INIQUUM. Lat. [from t«, priv. and
aquum, even, equal, right.] Unjust ; un-
equal; inequitable; not right. Iniquum
est alios permiitere, alios inhibere mercatu-
ram. It is unjust to permit trade to some,
and to inhibit it to others. 8 Inst. 181,
in marg.

It is wrong for a man to be a judge in his
own cause. Branch's Pr, 12 Co, 113.

Ib pr«prlii ciiHsa nmmm Jvdex. No One

should be judge in his own cause. Id,
ibid.

iBlqaam cat Iss^vvi* li«miBib«s nmn
case liWraat reram svami itllcBiiitl^BaM.

It is unjust that freemen should not have
the free disposal of their own property.
Co, Litt, 223 a. H(^. 87. 4 Kent's Com.
131.

INITIAL, [from Lat. initium, a begin-
ning.] That which begins^ or stands at the
beginning. Initials is now a common
word, denoting the first Utters of a name
or names. A party may bind himself by
signing a written instrument with his initials
as e£fectual]y as by sigmng his name in
full. 1 Denio's E, 471.

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,

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 de-
rived from the feudail law, according to
which, as soon as a child of a woman
seised of lands was bom, 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 tmVe, to enter
upon.] A, or the beginning; the origin,
cause or foundation of a thing, act or con-
tract. See Ab initio,

H*c ■OTTiiMlar ««od Initi* CMiTeBit.

That should be sustained which was ori-
ginally agreed to. Dig, 50. 17. 23. See
Principium,

INJUNCTION. [Lat. injunctio, from
injungere, to enjoin or command.] In prac-
tice. A prohibitory writ, granted by a
court of equity, (in the nature of an inter-
dictum, in the civil law,) and which may
be obtained in a variety of cases to restrain
the adverse party in the suit from com-
mitting any acts in violation of the plain-
tiff'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 £g, Jur. § 861.
See 3 Daniell's Ch, Pr, 1809, et seq,
(Perkins' ed.)

INJURIA. Lat. [from in, priv. and
jus, right.] Injury ; wrong ; the privation
or violation of right. 3 Bl. Com. 2. In-
juria est quicqutd non jure fit ; injury is
whatever is not done rightfully. Bract.
fol. 165. Id. fol. 45 b, 101. Ust injuria
omne illud quod non est jus ; wrong is
every thing that is not right. Id, fol. 378.
These definitions are from the civil law.
See infra. Non omne damnum inducit
injuriam, sed k 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 sine danmo. Story, J. 3 Sumner's
B,, 189, 192. See Damnum.

i^jariii ■•■ pr«s«mitar. Injury is not
presumed. Co. Litt. 232. Cruel, oppres-
sive or tortuous conduct will not be pre-
sumed. Best on £vid. 336, § 298.



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tocieatia. 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. In
a general sense, every thing that is not
done rightfully; (generaliter dicitur omne
quod nonjure fit.) Inst. 4. 4. pr.

In a special sense, contumely or insult ;
{eontumelia, Gr. ^fiq^s.) Id, iimU

Fault, (culpa, Gr. AdUrjfia.) Id, ibid.

Iniquity, (iniquitas, Gr. divofUa ;) or in-
justice, {injustiday Gr. ^t*ia,) Id, iUd,

INJURIARE. L. Lat. [from injuria,
q. v.] In old English law. To injure.
Reg, Orig, 150 b. Bract, fol. 45 b.

INJURIOSUM. L.Lat. [from tn/uria,
q. v.] In old English law. Injurious;
wrongful; that occasions a wrong or in-
jury. Kocumentorum aliud injuriosum est
et damnosum, aliud damnosum et non in-
juriosum ; 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,



IKLAGARE. L. Lat. [fcom tn» and
Sax. laga, law.] In old English law. To
restore an outlaw or exile to the protection
of the law ; {igectum restituere in legis pat-
rocinium,) Spelman, The opposite of
utlagare, to outlaw ; but the corresponding
word inlaw, has not been retained in En*
gUsh, though once used in Saxon. See
Utlagare, Inlagary.

INLAOART. [L. Lat inUtgatio, in^
lageria ; L. Fr. inlagerisJ] In old English
law. A restitution of one outlawed to the
protection of the law, or to the benefit or
liberty of a subject. Cowell, BUmni^
Spelman, voc. Inlagare, See Inlagare,
The ancient word utlagary^ has become
the modern outlawry, but inlagary has
never undergone a corresponding change
into inlawrg,

INLAGATUS. L. Lat. [from inlagar^,
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; (t»
Jranco plegio sive deemna.) BracL fol.
125 b. See Inlaughe,



INJURY, [from Lat. injuria, q. v.]
Wrong ; the privation or violation of right.
3 Bl. Com, 1—3.

In ordinary language, this word has
efifectually usurped the meaning of dam-
num, (damage,) from which it is so care-
fully distinguished in law, and is constantly
used in cases whore no manner of right is
concerned or invaded.

INJUSTE. Lat. Unjustly. Questus
est nobis talis, quod talis injuete et sine
judicio disseysivit talem ; such a one has
complained to us. that such a one, unjustly
and without due process of law, hath dis-
seised such a one. Bract, fol. 205. 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.
I^|«st«ai esty Blfti t«tii lose isapecta, de
«■« ftUqaii fljas p«rtic«lii Fr«p««iui jaAI-

•nw ▼«! resp^adere. 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.



INLAND. Sax. [L. Lat. inlandum,
ifUanda ; Lat terra interiorJ] In old Ea«
glish law. The demesne land of a manor ;
that part which lay next^ or most con-
venient for the lord's mansion house, as
within the view thereof, and whifih' there-
fore he kept in his own hands for support
of his f^^mily and hospitality^ KennetCs
Gloss* Cowell, Distinguished from out-
land or utland, which was the portion let
out to tenants, and sometimes called the
tenancy, Spelman, See DemesnB. This
' word ia often found in Domesday.

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 hfor^gn bill^ (q. v.)

INLANDTAL, Inlantal, Sax. The
same with inland, (q. y.) Cowell,

INLEASED. [from Fr. enlasse,] In
old English law. Entangled, or ensnared.
2 Inst. 247. Cowell. Blount.

INLEGIARE. L. Lat. [from in, in,
and leXf 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*



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INLIGABE. L. Lat. In old Euro-
pean 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. Webster. Jacob.

In old English law, this word seems to
have been applied almost exclusively to
paupers, or persons not able to maintain
themselves. Kiich. 45. And it is still
constantly used in the modern law of set-
tlements.

INN. [Lat. hospitium^ A house where
the traveller is furnished with every thing
he has occasion for, while on his way.
Z B. it Aid. 283. — A house for the lodg-
ing and entertainment of travellers. Web-
ster, Used frequently in the sense of
tavern^ (q. v.) and held in New York to be
synonymous with that word. 3 HilVs R.
160. See U. S, Digest and Supplement,
Inns and Licensed houses. To constitute
a house an tnn, in the sense of the common
law, it must be a common inn, or diver-
eorium, [commune Jiospitium,^ 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.

INNAMUM, Innama. L. Lat. [from
Sax. in, and naman, to take.J In old
English law. Things taken m, {intro-
capta ;) animals taken in to feed or pasture.
Spelman, See liamium,

INNATURALITAS. L. Lat. In old
records. Unnatural usage. Cowell.

INNINGS. In old records. Lands re-
covered from the sea, by draining and
banking. Cowell,

INNKEEPER. One who keeps an inn,
or house for the accommodation of travel-
lers. 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. Starj/
on Bailm, § 475. One who keeps a tavern
or coffee-house in which lodging is pro-
vided. 2 Steph. Com. 133. Sometimes
called an innholder, and more frequently
tavern-keeper, (q. v.)

INNAVIGABLE. In insurance law.
Not navigable. A term applied to a ves-



sel 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 ex-
pense to repair her as to build a new one.
1 Em^rigon, 591 — 598. 3 KenVe Com,
323, note.

INN AVIG ABILITY. In insurance law.
The condition of being innavigable^ (q. v.)
The foreign writers distinguish innaviga-
bility from shipwreck. 3 Kent's Com. 323,
and note.

INNOMINATE. [Lat. innominatum,
from in, priv. and nominatum, named.] In
the civil law. Not named or classed ; be-
longing 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 let-
ters patent, derived from the emphatic
word at the conclusion of the Latin forms.
It was a species of exemplification of char-
ters of feoffment or other instruments not
of record. 5 (7o. 54 a. Pagers case,

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.

INNUENDO. L. Lat. [from innuere,
to nod ; to make a sign ; to intimate or
signify.] Signifying; meaning. An em-
phatic word in the old Latin declarations
in actions of slander and libel, literally
translated (*' meaning,") in the modem
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 per-
jured." 1 Chitt. PI. 408, 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 be/ore ; as
"such a one, meaning the defendant," or



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INQ



" such a subject, meaning the subject in
question." De Grey, C. J., Cotop, 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 pre-
vious words. 1 Chitt. PI 407.

INOFFICIOSUM. Lat. [from m, 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 in-
officious, 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. 2 £1. 'Com. 502, 503. Parents
also might complain of the will of a child
on the same ground. Inst. 2. 18. 1. See
Querela.

INOPS CONSILII. Lat. Destitute
of counsel ; without, or deprived of the
aid of counsel. 2 BL Com. 172.

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 ingres-
su,) Spelman.

INQUJSSTIO. L. Lat. An inquest,
or inquisition. Spelman,

INQUEST. [L. Lat. inqumtio, ingui-
sitio ; from inquireret to inquire.] In
practice. A judicial inquiry, or examina-
tion ; an inquiry into any cause or matter,



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