Page:Black's Law Dictionary (Second Edition).djvu/618

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IN VERBIS. NON VERBA

In verhis, non vex-Inn, led res et ratio, qmm-ends est. Jenk. Cent. 132. In the construction of words, not the more words, iuit the thing and the meaning, are to be in- quired after.

IN VINCULIS. In chains; in actuai custody. Giilw. Forum Ram. 97.

Applied also. figuratively, to the condition of a person who is compelled to submit to terms which oppression and his necessities impose on him. 1 Story. F11. Jur. 5 302.

IN VIRIDI OBSERVANTIA. Present to the minds of men, and in full force and operation.

IN WITNESS WI-IEREOP. The initial words of the concluding clause in deeds: “In witness whereof the said parties have hereunto set their iiiiuas," etc. A translation of the Latin phrase "in cujiis mi tests; rnonliuii."

INADEQUAT]-1. Insiitficlent; disproportionate; iacking in effectiveness or in con- foriliity to a prescribed standard or meas- ure.

—Inadeqnate damages. See DAMA(‘.i«‘.a.—Inadequate price. A term applied to indicute the want of a suilicient cousiilersitinn for a tbiiig soirl, or such in price as would ordinarily be entirely inconiineusurate with iis intrinsic viiiue. Suite v. Purcell. 131 M0. 312. 3'} N3. W 13; Stephens v. Ozboiirne, ‘I07 Tenn. 57 . 64 S. W. 903, 89 Am. St. Rep. 9i'ii’i'.-—-Inadequate rem- edy at low. Withhi the meaning of the rule that equity will not entertain in suit if there is an adequate remedy at law. this does not l!J£'i1l:| thut there must he a. failure to coiiect money or damages iit law, but the remedy is considered inn-leqiiiite if it is, in its nature and character, untitled or not udiipted to the end in vievs, us, for instance, when the relief sought is preventive rather than compensatory. Cruickshani-i v. Birlweil. 17!‘; U. S. 73, 20 Sup. Ct. 230. 44 L.

idd. 377; Safe Deposit & Trust Co. v. Annieton (O. C.) 9

6 Fed. 61:3; Crawford County V. Limb, 110 Iowa. 355. 81 N. W. 590.

INADMISSIBLE. That Which. under the DSt.lllllSl|e(l rules of iau, ("lllllot be ad- mitted or received; e. 17., parol evirience to contradict a written contract

INADVERTENCE. Heedlessness: iack of attention: faiiiire of a person to pay carefill and prudent attention to the progress of a negotiation or a proceeding in court by vihicli his rights may be affected Used chiefly in statutory enumerations of the grounds on which a judgment or decree may be vacated or set aside; as, “mistake. tund- rertcu e. surprise, or excusable neglect.” See nner v. Terry, 107 N. C. 103, E S. E. L18; Davis v. Steubeu School Tp., 19 Ind. App. ("14, 50 N. E. 1; Tayior v. Pope, 106 N. (‘. 2 . 11 S. E. 257, 19 Am. St. Rep. 539; Thompson v. Conneli, 31 Or. 231, 48 Pac. 467, 65 Am. St. Rep. 818.

INIBDIFICATIO. In W.

Lat. In the clril Building on another‘: [and with one's

610

INCARCERATION

own muteriais, or on one’s own land with another's materials.

INALIIINABLE. Not subject to alienation; the characteristic of those things which cannot be bought or sold or transferred from one person to another, such as rivers and public highways, and certain personal rights; 13. g., iiberty.

INAUGURATION. The act of instiiiling or inducting into office with formal ceremonies, as the coronation of a sovereign, the inauguration of a president or governor, or the consecration of a pi-clate.

INBLAIYRA. In old records. Profit or product of ground. Cowell.

INBOARD. In maritime law, and particularly with reference to the stowage of cargo, this term is contrasted with "out- board.” It does not necessarily mean under deck, but is applied to a cargo so piled or stowed that it does not proiect over the "bosird" (side or rail) of the vessel. See Ai- len v. St. Louis Ins. Co., 46 N. Y. Super. 1‘! 181.

INBORH. In Saxon law. A security. pledge, or I11/pathcca, consisting of the (‘buitels of a person unabie to obtain a peisi-iii‘ "borg," or surety.

INBOUND COMMON. An uuihclosed common, marked out, however, by bounilzi ries.

INCAPACITY. Want at capar-iiy;wnIit

of power or ability to take or dispose; want of legal aliiiity to act. Eliicott v. Eliicott 99 Md. 321, 45 A111. 183. 48 L. R. A. 5S. Dre\\s' Appeal, 58 N. H. 320; Appeal of Cleveland, 72 Conn. 3-10, 44 Atl. 476. In re Blinn. 99 Cal. 216, 33 Pac. 8-11. —Lega.l incapacity. This expression inipiioa that the person in View has the right rested in him, but is prevented by some inipidiinent fronv ext-rr-Zsing it: as in the case of minors. fcmcn C<)l‘c'r‘1.', lunatics. etc. An ndminrtrntor has no right untii letters are issued to him. Therthrv he cannot lieiiclit (as respects the time before obtaining iettcrs) by a suving clause in a statute of iimilations in favor of 13 tons under H leg.-ii ineapncity to sue. Gates v. Brattie. 1 Root (Conn.) 187.

n

INCARCEHATION. lmprieonuieiit; con- finement in a jail or penitentiary. This ierir is seldom used in law. though found (""11- sionally Ln statutes, (Rev. St. Okl. 1903 I 20158.) W'hen so used, it appears always tv menn confinement by competent public authority or under due legal process, whereas “imprisonment" may be effected by a pri vate person Without wnrianl of law. mid if unjustifiuble is called “false imprisonment." l\'o occurrence of such a phrase as “false incarceration" has been noted. Sen-

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