Page:Black's Law Dictionary (Second Edition).djvu/645

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INSANITY

practically the same thing as in relation to the appointment of a guardian. On the one hand, it does not require a totai deprivation of reason or absence of undci-stintiing. On the other hand. it does not include mere no mess of mind short of imbecility. It uu.-ins such a degree of derangement as ren- (lvrs the subject incapable of untlerstanding the nature of the particular ad‘.-iir and his rights and remedies in regard to it and icnapable of taking discreet and intelligent action. See Burnhrim v. Mitchell. 34 Wis. 134.

There are a few other ieizai rights or relations into which the question of insanity enters. such as the capacity of a witness or of a voter; but they are governed by the some general principlcs The test is capacity to understand and appreciate the nature of the particular act and to exercise intelligence in its performance. A Witness must understand the nature and purpose of an oath and have enough intelligence and memory to relate correctly the facts within his knowledge So a ioter must understand the nature of the act to be performed and be able to make an intelligent choice of candidates. In either case, eccentricity. "crankiness," feehIe-mlndeduess not amounting to imbecility, or insane delusions which do not iiifectthe niatter in hand. do not disqualify. See District of (‘olumiiia v. Armes. 107 U. S. 52], 2 Sup. Ct. 840. 27 L. Ed. 618; Clark v. Robinson. 88 Ill. 5022.

Insnnna est qni, abject: Intinne, oninia cum impetn at furore facit. He is insane who. reason being thrown away. does every- thing with violence and rage. 4 Coke, 128.

INSCRIBERE. Lat. In i:he civil law. To subscribe an accusation. To bind one's self. in case of failure to prove an accusation, to sud’er Hie same punishment which the accused would have suifered had he been proved guilty. Cnlvin.

INSCRIPTIO.}} Lat. In the Civil law. A written accusation in which the accuser undertakes to sntter the punishment appropri- ate to the offense charged. it the accused is able to clear himself of Die accusation. Cal- vin; Cod. 9, 1, 10; Id. 9. 2. 16, 17.

INSCRIPTION. Inevldence. Anything written or engraved upon a metallic or other solid suhstance, intended for great durabiiity; as upon a tombstone, pillar. tablet. medal, ring, etc.

In modern civil law. The entry of a mortgage. lien, or other document at large in a book of public records; corresponding to "recording" or “registration."

INSCRIPTIONES. The name given by the old English law to any written instru- ment by which anything was granted. Iilount.

637

INSOLATION

INSENSELE. In pleading. Unintei- iigible; without sense or meaning. from the o -sinn of i.n.iterial wm-ds. etc. Steph. PL 37: See Union °‘iWel‘ Pipe Co. v. Olson. 82 Minn. 187. 84 N W. 756.

INSET]-INA. In old records. ,-\u indltch . an interior ditch; one made nilhin another, for greater security. Spelinan.

INSIIDIATORES VIARUIVI. Lat. High- waymen; persons who lie Ln wait in order to commit some felony or other misdemeanor

INSIGNJLA. Ensigus or arms; distinctive

marks; badges; lmiicia; characteiistics.

INSILIARIUS. An evil counsellor. Cow- ell.

INSILIUM. Evil advice or counsel. Cowell.

INSIMUL. Lat. Together; jointly.

To wnsh. Pl. 44.

—Insimul oompntnssent. They accounted together The name of the count in assunnpait upon an account stated; it bring averred that the paities had settled their accounts together. and defendant engaged to pay plaintiff the hal- nnce. Fraley v. Uispham. 10 Pa 325, 51 . Dec. 486: Loventhai v. Morris, 103 Ala. 332, 15 South. 672.—Insimul tennit. One species of the writ of formedon brought against a stranger by a cnparcener on the possession of the anem- tor, etc. Jacob.

INSIITUACION. In Spanish law. The presentation of a public doculnent to a competent judge. in order to obtain his approbation and sanction of the same, and Uiereby give it judicial authenticity. Escriche.

INSINTJARE. Lat. In the civil law. To put into; to deposit a Writing in court, answering nearly to the modern expression “to file." Si non mamlotwm, on-tis incin- uotmm, eat, if the power or authority be not deposited among the records of the court. Inst. 4, 11, 3.

To declare or acknowledge before a judicial officer; to give an act an official foi-n.L

INSINUATIO.}} Lat. In old English law. 1 Information or suggestion. Ear insiimatiofle, on the information Reg. Jud. 25. 50.

INSINUATION. In the ci\ il law The transcription of an act on the public reuis ters like our recording of deeds. It was not necessary in any other alienation but that appi'0|)ri:ited to the purpose of donation Inst. 2. 7, 2 —Insh1uation of a will. In the civil law The first production of a will, or the leaving it L with the l‘89'.lSlK'lll'. in order to its probate. Cow- ell; Blount.

INSULATION. In medical jurispru- dence. Sunstroke or heat-stroke: heat pros-

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