Blacks Law Dict. 1st ed

IDEM EST NON ESSE, ETC.

588 IDIOTA INQTJIRENDO, WRIT DE

ner is the same as not to say it at all. Ap plied to the plea of a prisoner. Id. Idem est non esse, et non apparere. It is the same thing not to be as not to ap pear. Jenk. Cent. 207. Not to appear is the same thing as not to be. Broom, Max. 165. Idem est non probari et non esse; non deficit jus, sed probatio. What is not proved and what does not exist are the same; it is not a defect of the law, but of proof. Idem est scire aut scire debere aut potuisse. To be bound to know or to be able to know is the same as to know. IDEM PER IDEM. The same for the same. An illustration of a kind that really adds no additional element to the considera tion of the question. Idem semper antecedenti proximo refertur. Co. Litt. 685. "The same" is always referred to its next antecedent. IDEM SONAWS. Sounding the same or alike; having the same sound. A term ap plied to names which are substantially the same, though slightly varied in the spelling, as "Lawrence" and "Lawrance," and the like. 1 Cromp. & M. 806; 3 Chit. Gen. Pr. 171. IDENTIFICATION. Proof of identity; the proving that a person, subject, or article before the court is the very same that he or it is alleged, charged, or reputed to be; as where a witness recognizes the prisoner at the bar as the same person whom he saw committing the crime; or where handwrit ing, stolen goods, counterfeit coin, etc., are recognized as the same which once passed under the observation of the person identi fying them. Identitas vera colligitur ex multitudine signorum. True identity is collected from a multitude of signs. Bac. Max. IDENTITATE NOMINIS. In English law. An ancient writ (now obsolete) which lay for one taken and arrested in any person al action, and committed to prison, by mis take for another man of the same name. Fitzh. Nat. Brev. 267. IDENTITY. In the law of evidence. Sameness; the fact that a subject, person, or thing before a court is the same as it is rep resented, claimed, or charged to be. See Burrill, Circ Ev. 382, 453, 631, 644.

IDEO. Lat. Therefore. Calvin. IDEO CONSIDERATUM EST. There fore it is considered. These were the words used at the beginning of the entry of judg ment in an action, when the forms were in Latin. They are also used as a name for that portion of the record. IDES. A division of time among the Romans. In March, May, July, and Octo ber, the Ides were on the 15th of the month; in the remaining months, on the 13th. This method of reckoning is still retained in the chancery of Rome, and in the calendar of the breviary. Wharton. IDIOCHIBA. Graeco-Lat. In the civil law. An instrument privately executed, as distinguished from such as were executed be fore a public officer. Cod. 8,18, 11; Calvin. IDIOCY. In medical jurisprudence. That condition of mind in which the reflect ive, and all or a part of the affective, powers are either ontiiely wanting, or are manifest ed to the slightest possible extent, ltay, Insan. § 58; Whart. & S.Med. Jur. § 222.' There is a distinction between "idiocy" and "dementia;" the first being due to the fact that there are original structural defects in the brain; the second resulting from the supervention of organic changes in a brain originally of normal power. Ham. Nervous System, 338. Idiocy is that condition in which the human creature has never had, from birth, any, the least, glimmering of reason; and is utterly destitute of all those intellectual faculties by which man, in general, is so eminently and peculiarly distin guished. It is not the condition of a deranged mind, but that of a total absence of all mind. Hence this state of fatuity can rarely ever be mis taken by any, the most superficial, observer. The medical profession seem to regard it as a natural defect, not as a disease in itself, or as the result of any disorder. In law, it is also considered as a defect, and as a permanent and hopeless incapaci ty. 1 Bland. Ch. 386. IDIOT. A person who has been without understanding from his nativity, and whom the law, therefore, presumes never likely to attain any. Shelf. Lun. 2. See IDIOCY. IDIOTA. In the civil law. An un learned, illiterate, or simple person. Calvin. A private man; one not in office. In common law. An idiot or fool. IDIOTA INQUIRENDO, WRIT DE. This is the name of an old writ which directs the sheriff to inquire whether a man be an idiot or not. The inquisition is to be made by a jury of twelve men. Fitzh. Nat. Brer.

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