Page:Black's Law Dictionary (Second Edition).djvu/639

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INQUILINUS

matter that entitles the king to the possession of lands or tenements, goods or chattels; as to inquire whether the king's tenant for life died S|.'lSEd, whereby the reversion accrues to the Ling; whether A., who held immediately of the (rown, died witbout heir, in which case the lands belong to the king by escheat; whether Ii. be attainted of treason, whercby his estate is forfeited lo the crown; whether C., Who has purchased land, be an alien, which is another cause of forfeiture, etc. 3 Bl. Comm. .58. These inqwcxts of ofice were more frequent in practice during the continuance of the military tenures than at present; and were devised by law as an authentic means to give the king his right by solemn matter of record. Id. 2'.JS,_'.’.59; 4 Staph. Comm. 40, 41. Sum mes simply termed “o/file." as in the phrase "oiiice found,"

3. 12.) See Atlantic & P. it. Co. v. Mingus, 165

. S. 413, 17 Sup. Ct. 348, 41 L. Ed. 770: Baker v. Shy, 9 Heislr. (Tenn.) 89.

HVQUILINUS. In Roman law. A ten- uut; one who hires and occupies another's house; but particularly, a tenant of a hired house in a city, as distinguished from colo- mzs, the hirer of a house or eatate in the country. Calvin.

INQUIRENDO. An authority given to some oiiiciai peison to institute an inquiry concerning the cruwn's interesls.

INQUIRY. The writ of inquiry is a ju- dicial process addressed to the sheriff of the county in which the venue is laid. stating the former proceedings in the action, and, "because it is unknown what damages the plaintiff has sustained," (.‘0X1i.l1J8_i.i(lllJg the sheriff that, by the oath of twelve men of his county, he diligently inquire into the same, and return the iuquisition into court. This -writ is necessary after an iuterlouitory judgment, the defendant havlm let judgment go by default, to ascertain the quantum of dam- ages. Wharton.

INQUISITIO.}} ln old English law. An inquisitiun or Inquest. Iiiqiiisitio past moriem, an inqulsition after death. An inquest of office held, during the continuance of the military tenures, upon the death of every one of the l.(ing‘s tenants, to inquire of what lands he died seised, who was his licir, and of what age, in order to entitle the king to his marriage, Wnrdship, relief, primer seisin, or other udnintages, as the circumstances of the case might turn out. 3 Bl. Comm. 253. Inqui- suio pal-riw, the inquisition of the country; the ordinary jury, as distinguished from the grand assise. Bract fol. 15b.

INQUISITION. In practice. An inquiry or inquest; particularly, an investigation of certain facts made by a sheriff, together with a jury lmpaneled by him for the purpose. —-Inquisition after death. See INQUISITIO. Inquisition of lunacy. See LUNACY.

INQUISITOR. A designation of sherifi3s_ coroners simer risuni oor]Jori's, and the like, who have power to inquire into certain mat- "Mars.

631

IN SAN ITY

INROLL. A form of “enroll," used in

the old books. 3 Rep. Ch. 63, 73; 3 East, 410.

INROLLMENT. See ENROLLMENT.

INSANE. Unsound in mind; of unsound mind; deranged, disordered, or diseased in mind. Violently deramcd; mad,

INSANITY. Unsoundness of mind; mad- ncss; mental alienation or derangement; a morbid psychic condition resulting from dis- order of the brain, whether arising from mal- formation or defective organization or mor- bid processes affecting the biain primarily or diseased states of the general system impu- cating it secondarily, which involves the intellect, the emotions, the will, and the moral sense, or some of these faculties, and which is characterized especially by their non-devel- opment, derangement, or perversion, and is manifested, in most forms, by dsinsions, icnapacity to reason or to judge, or by uncontrollable impulses. In law, such a want of reason, memory, and intelligence as prevents a man from comprehciidlng the nature and consequences of his acts or from distinguishing between right and wrong conduct. From both the pathologlc and the legal definitions are to be excluded temporary mental aberrations causcd by or.ac-companying alcoholic or other intoxication and the dchrlum of fever. See (irossweii v. People, 13 Mich. 427. 87 Am. Dec. ; Johnson v. Insurance Co., 83 Me. 1S'.? .2 Atl. 107: McNeil v. Relief Ass 11, 40 App. Div. 581 58 N. Y. Supp. 122; Haiie v. Railroad 00., ill.) Fed. 560, 9 C. C. A. 134, 23 L. IL A. 774; Meyers v. Com., 83 Pa. 136; Someis v. Pnmphrey, 24 1nd. 245; Frazer v. Frazer. 2 Del. Ch. ' .

Other definitions. Insanity is amnnifestation of disease of the brain, characterized by a general or partial derangement of one or more faculties of the mind, and in which, while consciousness is not abolished, mental freedom is perverted, weaken d, or destroyed. Hammond, Nervous System. ' " The prolonged departure without any adequate cause. from the states of feeling and modes of thi 'ng usual to the indiridual in health. Buuvier. By insanity is not meant (in law) a total deprivation of reason, but only an inability, from defect of perception, memory, and judgment, to do the act in question, [with an intelligent apprehension of its nature and consequenca.] So, by a incid interval is not meant a perfect restoration to reason, but :1 restoration so far as to be able, beyond doubt. to comprehend and to do the act Vlllh such l‘c1s0n, memory, and juds,'rna'nt as to


i

malts it a legal act. Frazer v. 1-‘razer, 2 Del. Ch. 263. Synony-rns.—Lunnny. Lunacy. at the

common law, was a term used to describe the state of one who, by sickness, grief, or other accident has wholly lost his memory and understanding. Co. Litt. 2401;. 247a; |_ Com. v. Haskell, 2 Brewsi. (Pa.) 496. it is distinguished from idiocy, an idiot being one who from his birth has had no memory or understanding, while lunacy implies the possession and subsequent loss of mental powers.

Biclincll v. Spear, 38 Misc. Rep. 339, 77 N, M