Page:Black's Law Dictionary (Second Edition).djvu/598

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IGNOBANTIA JURIS QUOD

Ignorantia jru-is quad qnisqrle tenatnr sch-a, neminem excusat. ignorance of the [or a] law, which every one is bound to know, excuses no man. A mistake in point of law Is. in criminal cases. no sort of defense. 4 Bl. Comm. 27; 4 Steph. Comm. 81; Broom. Max. 2.53: 7 Car. 3: P. 456. And, lo civil cases. ignorance of the law, with a full knowledge of the facts, furnishes no ground, either in law or equity, to rescind anrccineuis, or rec-laim money paid, or set aside solemn arts of the parties. 2 Kent. (‘omm. 491, and note

Ignorantia Jurin :11! non prmjrldicnt jnri. Ignorance of one’s right does not prej- udJce the right. Lotti. 552.

Ignorantia legis neminem excuaat. Ignorance of law excuses no one. 4 Bouv. lust. no. 3828; 1 Story, Eq. Jur. § 111; 7 Watts, 374.

IGNORATIO ELENCHI. Lat. A term of logic, sometimes applied to pleadings and to arguments on appeal, whlch signifies a mistake of the question, that is, the mistake of one who, falling to discern the real question which he is to meet and answer, addrcsses his allegations or arguments to a collateral matter or something beside the point See Case upon the Statute for Distribution, Wythe (Va.) 309

Ignoratis termini: artis, ignoratnr ct ars. Where the terms of an art are un- know u, the art itself is unknown also. 00. Lilt. 2:1.

IGNORE. 1. To be ignorant of, or unacquainted with.

2. To disregard wilifuil_v; to refuse to recoznr/.e: to deciiue to taice notice of. See (‘lehurne County v. Morton, 69 Ark. 48, 60 3.. W 307

3. To re1ect as groundless, false or no- supported by evidence-, as when a grand jury ignores a ‘bill of indictment.

Ignoscitnr ei qni sangninem snum qualiter reilemptum voluit. The law holds him evcuscd from ohligation who chose to redeem his blood (or life) upon any terms. Whatever a man may do under the fear of losing his life or limbs will not he held bind- in;; upon him in law. 1 Bl. Comm. 131.

IKENILD STREET. One of the four great Roman roads in Britain; supposed to be so called from the Iceni.

ILL. In old pleading. Bad; defective in law: null; naught; the opposite of good or Vaild.

ILL FAME. character.

Evil repute; notorious had Houses of prostitution, gaming

690

ILLICIT

houses, and other such disorderly places are called “houses of ill fsune," and a person who frequents them is a person of ill fame. Sec Boles v. State. 46 Ala. 206.

]'_'[.LA'l‘A ET INVECTA. Lat. Things hrought into the house for use by the tenant were so called, and were liable to the jus I11/puthectr of Roman law, just as they are to the landlord's right of distress at common law.

ILLEGAL. Not authorized by law; 11- licit; uninwful; contrary to law. Sometimes this term means merely that which lacks authority of or support from law: hut more frequently it imports a violation. Etymologically, the word seems to convey the negative meaning only. But in ordinary use it has a severer. stronger signification: the idea of censure or condemnation for breaking law is usually presented. But the law implied in ii- lemli is not necessarily an express statute. Things are called “illegal" for a violation of common-law principles. And the term does not imply that the act spoken of is immoral or wicked: it implies only a hrcach of the law. See State v. Iiaynorth. 3 Sneed (Tenn.) 65: Ticdt v. Caistensen, 61 Iowa. 334. 16 N. W. 214: Ohadhourne v. Newcastle. 48 N. H. 190: People v. Kelly. 1 Ahh. Prac. N. S.. (N. Y.) 437; Ex parte Scvrartz. 2 Tex. A —1'llegaI conditions. All those that are impossible, or contrary to law. immoral, or repugnant to the nature of the transar-tinn.—I1- legal contract. An agreement to do any act forbidden by the law, or In omit to do any act nnjoined by the law. Biiiingsley v. Clcllanrl. 41 W. Va. 2-13. 23 S. E. S1('n.—I1legnI interest. Usury; interest at a higher rate than the law allows. Parsons v. Babcocli. 40 Neh. 119, 58 N. W. 72G.—IlIegal trade. Such traffic or commerce as is carried on in violation of the municipal law, or contrary to the law of nations. See ILLICIT.

ILL]-IGITIMACY. The condition before the law, or the social status, of a bastard; the state or condition of one whose parents were not intermnrried at the time of his birth. Miller v. Miller, 18 Elm (N. Y.) 509: Brown v. Belmnrde, 3 Kan. 52.

ILLEGITIMATE. Tllnl which is contrary to law: it is usually appiied to hastards, or children born out of lawful wed- lock.

The Inuisiana Corie divided illegitimate chil- dren into two classes: (1) Those horn from two persons who, at the moment when such children were conceived, could have lawfully intermarried: and (2) those who are born from persons to whose maniage there existed at the time some legal impcdinxcnt. Both cl-issc . however could he nckuouled.-zed and take by devise. Compton v. Prescott, 12 Rob.

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ILLEVIABLE. Not leviable: that cannot or ought not to be levied. Con eli.

ILLICENCIATUS. In old English law. Without license. Flcta. lib. 3. c. 5, § 12.

ILLICIT. hibited; unlau fui ;

Not permitted or allowed; pro-

as an illicit trade; il-