Page:Black's Law Dictionary (Second Edition).djvu/663

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INVESTITURE

s. g.. a grant of a monopoly, the death or one's ancestor. Hall. Jur. 132.

INVESTITURE. A ceremony which accompanied the grant of lands in the feudal ages, and consisted in the open and notorious delivery of possession in the presence of the other vassals, which perpetuated among them the mo of their new acquisition at the time when the art of writing was very little knoun: and thus the evidence of the prop- erty was reposed in the memory of the neigh- borhood, who, in case of disputed title, were afierw-.u'ds called upon to decide upon it. Brown.

In ecclesiastical law. Investiture is one of the formalities by which the election of a bishop is confirmed by the archbishop. See i‘hillim. Ecc. Law, 42, et seq.

INVIOLABIZLITY. The attribute of being secured against vioiation. The persons of ambassadors are inviolable.

INVITATION. In the law of negligence, and with reference to trespasses on realty, invitation is the act of one who solicits or incites others to enter upon. remain in, or make use of, his property or structures there- on, or who so arranges the properLy or the means of access to it or of transit over it as to induce the reasonable belief that he expects and intends that others shall come upon it or pass over it. See Sweeney v. Old Colony & N. R. C0,. 10 Allen (Mass) 373. 87 Am. Dec. 644; Vvilson v. New York, \l. H. & H. R. Co._ 1S R. I 491, 29 Atl. 258; Wright v. Boston & A. R. Co.. 142 Mass. 300, T N. E. 860.

Thus the proprietor of a store, theatre. or amusement p.u-!< “invitr-s" the public to come upon his premises for such purposes us are connected with its intended use. Again, the fact that safety gates at a railroad crossing, which should be closed in case of danger, are left standing open. is an "invitation" to the traveler on the highway to cross. Roberts v. Dela- wsre dc H. Canal C0,, 177 Pa. 133. 35 Atl. 713. So. bringing a passenger train on a railroad to a full stop at is, regular station is an "invitation to alight."

License distinguished. A license is a passi\e permi ion nn the port of the owner of premises, with refercnce to other persons enterin: upon or using them, while an in\itation im- uhes a request. solicitation or desire that thny should do so. An invitation may be inferred where there is a common interest or mutual ud- sautuge: while a license will be inferred where the object is the mere pleasure or benefit of the person using it. Bennett v. Louisville dc N. R. C0,. 102 U 580. 26 L. Ell. Z5 : Weldon V Philarlciglii WV & B. R. CO.. 2 I‘ennev-ill (URL) 1, 4-. Atl. 1.71). An owner owes to a licensee no duty as to the condition of the promiscs (unless imposed by statute) save that he should not knowingly let him run upon a hidden peril or wilfully cause him harm: while to one invited he is under the obligation to maintzuu the premises in a reasonably safe and secure candition. Bcehler v. Daniels. 18 R. I. 563, 29 Atl. 6, 27 Li R. A. 512. 49 Am. St. Rep. 790.

655

INVULUNTARY

Express and implied. An invitation may be empress, when the owner or occupier of the land by words invites another to come upon it or make use of it or of something thereon: or it may be implied when such owner or occupier by acts or conuluct lends another to be- lieve that the land or something thereon was intended to be used as he uses them, and that such use is not only acquiesced in by the owner or occupier, but is in accordance with e intention or design for which the way or place Di‘ thing was adapted and prepared and allowed to be used. Turess v. New York. S. & Vi’. R. Co.. 61 N. J. Law. 314. 40 All. 614; Furey v. New York Cent. R. Co.. 67 IV. J. Law, 270, 51 Atl. 505: Lepnick v. Gaddis. 72 Miss. 200. ‘Iii South. 213, 26 L R. A. 686. 48 Am. St. Rep. 547; Plummer v. Dill. 156 Mass. 426, 31 N. E. 128, 32 Am. St. Rep. 463; Sesler v. Rolfe Coal & Coke 00.. 51 W. Va. 318, 41 S. E 216.

INVITED ERROR. See Ennon.

INVITO. Lat. Being unwilling. Against

or without the assent or consent. -—Ab invite. By or from an unwilling party. A transfer ab irmitn is a compulsory transfer. —I-nvitn debitorc. Against the will of the debtor.—Inv-ito domino. The owner being unwilling; Iigainst the will of the owner; without the owner's consent. In order to constitute larceny, the property must be taken invite nia- 11117140.

Invite beneiioium non datnr. A benefit is not conferred on one who is unwilling to receive it; that it to say. no one can be compelled to accept it benefit. Dig. 50, 17, 69; Broom, Max. 699, note.

INVOICE. In commercial law. An account of goods or merchandise sent by mer- chants to their correspondents at home or abroad. in which the marks of each package, With other particulars, are set forth. liiarsh. Ins. 408; Dane. Ahr. Index. See .\ierchauts' Exch. Co. v. Weisinan. 132 Mich. 353. 98 N. W. 870; Southern Exp. Co. v. I-less, 53 Ala. 22: Cramer v. Oppenstein. 16 Coio. 495. 27 Pac. 713.

A list or account of goods or lllEl‘L‘hflI.I(ll5e sent or shipped by a merchant to his corre spondent, factor, or consignee. containing the pnrticuiar marks of each description of goods, the value. charges, and other particulars. Jac. Sen Laws, 302.

A writing made on behalf of an iinportcr. specifying the merchandise imported, and its true cost or value. And. Rev. Law. § 29-1. —Invoice ‘book. A book in which invoices are copiu-d,—Invoicc price of goods means the

rime cost. Le Iioy v. United Ins. Co.. 7 ohns. (N. Y.) 343.

INVOLUNTARY. An involuntary act is that which is performed with constraint (q. 72.) or with repng-mince, or without the will to do it. An action is invoiuntsry, then, which is performed under duress. WoiiI Inst. Nat. § 5.

—I-nvoluntnry deposit. In the law of bail- ments, one made by the accidental leaving or

placing of personal property in the possession M