Page:Black's Law Dictionary (Second Edition).djvu/599

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ILLICIT

liclt intercourse. 12 At]. 5'26.

—I1licit connection. Unlawful sexual inter- coinsc. State v. King, 9 S. . 628, 7 N W. 104G.—Ill.ieit cohabitation. The living together as man and wife of two persons who are not lawfully married, with the implication that they habitually rnctjce fornication. See Rex v. Kalaiiozl. 4 Ffzjuvaii, 41.—Il.Iieit distillery. One _carried on without a compliance with the provisions of the laws of the United States relating to the taxation of spirituous liquors. I‘. S. v. Johnson (C. C.) 26 Fcd. 684.—Ill.ieit trade. Policies of marine insurance usually contain a covenant of warranty against “illicit trade." meaning thereby trade which is for- bidden, or declared unlawful, by the laws of the country where the cargo is to be deliiered. “It is not the same with ‘contraband trade,’ although the words are sometimes used as synonymous. lliicit or prohibited trade is one which_ cannot be carrierl on Without a distinct violation of some positive law of the country where the ti-nnsnction is to take place." 1 Pars. Mar. Ins 614

State v. Milier, 60 Vt. 90.

ILLICIT. Lat. Unlawtully. Thisword has a technical meaning, and is requisite in an indictment where the act charged is un- lawful; as in the case of a riot. 2 Hawk. P. C. c. 25, 5 96.

ILLICITUM COLLEGIUIVI. Lat. An 11- legal corporation.

IILITERATE. Unlettered; ignorant; unlearned. Generally used of one \~ ho cannot read and write. See In re Succession of Carroll. 28 La. Ann. 388.

ILLOCABLE. out or hired.

Incapable of being placed

ILLUD. Int. That.

Illud, qriod alias licitnm non est, ne- eessitas facit licitnm; et neeessitas in. ducit privileg-irnn qrioad jnrn private. Bac. Max. That which is otherwise not permitted. necessity permits: and necessity makes a privilege as to private rights.

Illnd. quad alteri rinitur, extinguitrir, neqlle nnlplins per so vaenre Licet. Godoi. Eco. Law, 169. That which is united to another is extinguished, nor can it be any more independent.

ILLIJSION. In medical jurisprudence. An image or impression in the mind, excited by some external object addressing itself to one or more of the senses, but which. instead of correspmiding with the reality, is perverted, distorted, or wiiolly mistaken, the error being attrii-iutalile to the imagination of the observer, not to any defect in the organs of sense. See HALLUCINATXON, and see “Delusio7i." under INEANITY.

ILLUSORY. Deceiwlng by false appear- ances; noininnl, as distinguished from sub- stantlal.

—I_ll1-isory appointment. Formerly the appointment or a merely nominal share of the

591

IMITATION

property to one of the objects of I power, in order to escape the rule that an exclusive appointment could not be made unless it was authorized by the instrument creating the power, was considered illusory and void in equity. But this ruls has been aboiishcd in England. (1 Wm. IV. c. 46: 37 5:38 Vict. c. 37.] Sn-per. See Ingraham v. Meade. 3 W'all. Jr. 32. 13 Fed. C115. 50.—IIlriso1-y appointment act. The statute 1 Wm. IV. c. 46. This statute enacts that no ap ointment made after its passing, (July 16. 1 “ ,) in exercise of a power to nppoint property. real or personal, among several objects, shall be invalid, or impeached in eq- uity. on the ground that an unsubstantiel, lllusory, or nominal share only was thereby appointed, or lsft unappointed. to devoive upon any one or more o£_the objects of such power;

but Lhat the appointment shaii be iaiid in equity, as at law. See. too. 37 B: 38 Vict. c. 37. Wharton.

II.LUS'1'RIOUS. The preflx to the title of a prince of the blood in England.

IMAGINE. In English law. In cases of treason the law makes it a crime to imag- ine the death of the king. But, in order to complete the crime, this act of the mind must he demonstrated by some overt act. The terms “imagini.ng" and "conipassing" are in this connection synonymous. 4 Bl. Comm 7S.

IMAN. IMAM, or IMAUM. A Moham- medan prince having supreme spiritual as well as temporal power; I regular priest of the mosque.

IMBARGO. An old form 0 (q. v.) St. 18 Car. II. c. 5.

“embargo,"

IMBASING OF MONEY. The act of mixing the specie with an alloy below the standard of sterling. 1 Hale, P. C. 102._

IMBECILITY. See Insanrrr.

IMBEZZLE. An occasional or obsolete form of “embezz1e," (q. 1:.)

IMBLADARE. plant or sow grain.

In old English law. To Bract. fol. 1761).

IMBRACERY. See Eunsacnsr.

IMBROCUS. A brook, gutter, or waterpassage. Cowell.

IMITATION. The making of one thing

In the simllltude or likeness of another: as. counterfeit coin is said to be made “in imitation" of the genuine. An imitation of a trade-mark is that which so far resembies the genuine trade-marl: as to be likely to indin-e the belief that it is genuine, whether by the use of words or letters simiiar in uppearnnce or in sound, or by any sign, device, or other means. Pen. Code N. Y 1903, § 368; \'l'agncr v. Daly, 67 Hun. T 22 N Y. Supp. 493;

State v. Harris, 21 N.‘ C. 294: M