Page:Black's Law Dictionary (Second Edition).djvu/597

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IDONEUM SE FACERE

king to any subject who had interest enough to obtain them. 1 Bl. Comm. 303.

IDONEUM SE FACEEE; IDONEARE SE. To purge one’s self by oath of a crime or which one is accused.

IDONEUS. Lat. In the civil and com- mon law Sulficlent; competent: fit or proper; responsible; unmipeachahle. Ido- viius homo. a responsible or solvent person; a good and lawful man. Suficient; ade- quate; satisfactory. Idoneu couuo, sulficient security.

IDONIETAS. In old English law. Ability or fitness, (of a. parson.) Artie. Cleri, c. 13.

II‘. In deeds and wills, this Word, as a ruie, implies a condition precedent. unless it be controlled by other words. 2 Grabb, Real Prop. 1). 809, § 2152; Sutton v. West, 77 N. C. 431.

IPUNGIA. In old English law. The finest white bread, formerly called "cocked

bread." Blount.

IGLISE. L. Fr. A church. Kelham. Another form of “cpllse."

IGNIS JUDICIUM. Lat. The Old ju- dicial trial by fire. Blount.

IGNITEGIUM. In old English law. The curfew, or evening bell. Cowell. See Cuaraw.

IGNOMINY. Public disgrace; infamy;

repruwii; dishonor. Ignominy is the opposite of esteem. Woltt, § 145. See Brown v. Kingsley, SS Iowa, 220.

IGNORAMUS. Lat. “We are igno- rant ;" “We ignore it." Formerly the grand jury used to write this word on hills of indictment when. after having heard the evi- dence, thcy thought the accusation against the prisoner was groundless. iutimating that, though the facts might possibly be true, the truth did not appear to them: but now they usually write in English the words “Not a true bill," or "Not fouud," if that is their verdict: but they are still said to ignore the hill. Brown.

IGNORANCE. The want or absence of kn0\s'le(i_2e

Ignorance of law is want of knowledge or acquniiitance with the laws of the land in so far as they apiiiv to the act. reintion, duh’, or matter under consiileiation. Igno- rance of fact is want of knowledge of some fact or facts constituting or relating to the subject-matter in hand. Marshall v. Coleman. 187 I11. 556. 58 N. E. 628: Haven v. Foster. 9 Pick. (Mass) 130. 19 Am. Dec. 353.

Ignorance is not a state of the mind in the sense in which sanity and insanity are. When

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IGNOBANTIA FACFI EXCUSAT

the mind is ignorant of a fact, its condition still remains sound; the power of thinking, of judging, of willing is just as complete before cominunication of the fact as after; the (- sence or texture. so to speak, of the mind, is not, as in the case of insanity, attccted or impaired. Ignorance of a particular fact consists in thi that the mind, although sound and capable of healthy action, has never acted upon the fact in question, iiemuse the subject has never linen brought to the notice of the perceptive faculties. Meeker v. Boylan, 28 N. J. Law. 274.

Synonyms. “Ignorance" and “error” or “niistake" are not convertible terms. The former is a lack of information or absence of knowledge; the latter, a misapprehension or confusion of information, or a mistaken supposition of the possession of knowledge. Error as to a fact may imply ignorance of the truth: but ignorance does not necessari- ly imply error. Hutton v. Edgerton, 6 Rich. (S. C.) 489: Cullireath v. Culhreath, 7 Ga. 70, 50 Am. Dec. 375.

Essential ignorance is ignorance in re- lation to some essential circumstance so inti- inutely connected with the matter in ques , and uhlcb so influences the parties, that it induces them to act in the business. Poth. Vente, nn. 3. 4; 2 licnt. Comm. 367. Nun-essential or accidental ignorance is that which has not_of itsclf any _ni=cessar_v connection uith the business in question, and which is not the true consideration for cntering into the contract. In- voluntary ignorance is that vrblr-h does not prtvccod from choice, and which cannot he over- come by the use of any means of knowledge

own to a person and within his power: as the ignorance of a law which has not yet been proniulgated. Vnlnntnr-g_ ox-ance exists when a party might, by ta ‘lug reasonnhlo pains. have acquired the necessary knowledge For ex- ample, every man might acquire a lmowlodse of the laws which baie hcen promulgated. Duct. 3: Stud. 1, 46: Plowd. 343.

IGNORANTIA. Lat. Ignorance; want of knowledge. Distinguished from mistake, (error.) or Wrong conception. Mackeld Rom. Law, § 178: Dig. 22. 6. Divided by Lord Coke hito lgnorantio fact! (ignoinnce of fact) and igiioruntia juris, (ignorance of law.) And the former, he adds. is tu'oI'oid,—lectianis et lim;-me, (ignorance of reading and ignorance of language.) 2 Coke, 3b.

Ignorantia. enrum qua: qnis lcire ten.- etnr non excnsat. Ignorance of those things which one is bound to know excuses nnt. linle, P. C. Q: Broom. Max. 207.

Ignorantia facti excu.-iat. Ignorance of fact cvcnses or is in ground of reilei’. 2(‘oke. 31). Acts done and contracts made uiuier mistake or ignorance of a material fact nre voldnble and relievallle in low and equity. 2 Kent, Comm. 491, and notes.

Ignornntin fnctl exciuat, ignorantia juris non excusnt. Ignorance of the fact excuses: ignorance of the law excuses not Every man must be taken to be cognizant of the law: otherwise there is no saying to what extent the excuse of ignorance mny not be carried. 1 Coke, 1'i'7; Broom, Max. 253.

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