Page:Black's Law Dictionary (Second Edition).djvu/665

From Wikisource
Jump to navigation Jump to search
This page needs to be proofread.


he is receiving relief. notwithstanding that he lus not acquired a settlement there 3 Stcph. Comm. G0. IRREPARABLE INJURY. See INJURY.

IRREPLEVIABLE. That cannot be repicvied or delivered on sureties. Spelled, also, arrcplevisable.“ Co. Litt. 145.

IRRESISTIBLI-I FORCE. A term applied to such an interposition of lilimun agent-_\' as is. from its nature and power, ali- soiuleiy uncontrollable: as the inroads of a hostile army. Story, Bailm. § 25.

IRRESISTIBLI-I IMPULSE. Used chief- ly in criminal law, this term means an impulse to commit an unlawful or criminal act aliich cannot he resisted or overcome by the patient llel"iI'lSe iusaiiity or mental disease has destroyed the freedom or his will and his power of self control and of choice as to his actions. See l\lcUarty v. Com.. 114 Ky. 71 S. IV. 053: State v. Knight, 95 Me. , 50 All. 276, 55 L. R. A. 373; Leache V. .\' le, 22 Tex. App. 279, 3 S. Vt’. 539, 58 Am. Rep. 038. State v. Peel. 23 Mont. 358, 59 Pac. 169, 75 Am. St. Rep. 529. And see IN- SANITY.

IRREVOCABLE. Which cannot be re

vol: ed or recalled.

IRRIGATION. The operation of watering lands for agricultural purposes by arti- ficial means.

—Ir-rigation company. A private corporation. authorized and regulated by statute in several states. having for its object to acquire ex- clusive rights to the water of certain streams or olher sourccs of supply, and to convey_ it by means of dttches or canals through a region where it can lie lienel-it-ially _nsed for agricul- tni-al purposes, and either dividing the water nmong stockholders, or making contracts with consumers, or furnishing a supply to all who apply at fixed rates.—Iu-igatinn district. A public and quasi-municipal corporation authori'/nl by law in several states. comprising a defincd region or area of land which is susceptiiile of one mode of irri::ation from a common source and by the same system of worl<_s. These districts are created liv proceedings in the nature of an election under the supervision of a court_, and are authorized to purchase or condemn the lands and waters necessary for the system of irrigation proposed and to construct noccssary canals and other works, and the water is apportioned ratalily among the land-onncrs of the district.

IRRITANCY. In Scotch law. The happening of a condition or event by which a charter, contract, or other deed, to which a clause irritant is annexed, becomes void.

IRRITANT. ma king void ; IRRITANCY .

In Scotch law. Avoiding or as an irritant clause. See

IRRITANT CLAUSE. In Scotch law. A pi-o\:i.sion by which certain prohibited acts

Bl.Law Dict.(2d Ed.)—12



pecifled in a deed are, it committed. declared to be mill and void. A rca-oluti::c clause dissolies and puts an end to the right of a pro- prietor on his committing the acts so declared void.

IRROGARE. Lat. In the civil law. To impose or set upon, as a line. Cairin. To indict, as a punishment. To make or ordain, as a law.

IRROTULATIO.}} L. Lat. An enrolling; a record. IS QUI COGNOSCIT. Lat, The cog-

nizor in a line. nizee.

Ia cut‘ coynoscitur, the cog-

ISH. In Scotch law. The period of the termination of a tack or lease. 1 Bligh, 522.

ISLAND. A piece of land surrounded by water Wel)l)er v. Pere Marquette Boom C0., 652 Mich. 626, 30 N. W. 409; Golf v. Cougle, 118 Mich. 307, 76 N. IV. 451), 42 L. R. A. 161.

ISSINT. A law French term. meaning “thus.' "so." giving its name to part of a plea in debt.

ISSUABLE. in practice. Lending to or producing an issue: relating to an issue or issues. See Colquitt v. Mercer, 44 Ga. 433. —IssI1a.ble plea. A plea to the merits: n tr-iversalile pica A plea such that the adverse party can join issue upon it and go to triai. It is true a plea in ziliatement is a plea, and, if it be properly pleaded, issues may he found on it. In the orzlinary meaning of the word “piea_." and of the word “issu.ilile," such pleas may be called “issuable pleas." but, when these two words are used together. “lssuable plea." or "issuable defense," they have a technical meaning. to—wit. pleas to the merits. Colqnitt v. Mercer, 44 Ga. 43-1.—Issuable terms. In the former practice of the English courts. Hil- my term and Trinity term were called "issuable terms," hscanse the issues to be tried at the assizes were made up at those terms. Bl,

onini. 353. But the distinction is superseded by the rovisiona of the jndjcature acts of 1873 and 1 75.

ISSUE, 1;. To send forth; to emit; to promulgate: as, an officer issues orders, process iss-izea from a court. To put. into circu- lation; as, the treasury issues notes

ISSUE. 91. The act of issuing. sending forth, emitting or promulgating: the giving a thing its first inception; as the issue of an order or a writ.

In pleading. The disputed point or ques tion to which the parties in an action have narrowed their several allegations, and upon which they are desirous of obtaining the decision of the proper tribunal. When the plaintiff and defendant have arrived at some specific point or matter aflii-med on the one side, and denied on the other, they are said

to be at issue. The question so set apart is