Blacks Law Dict. 1st ed

IDONEUM SE FACERE

IGNORANTIA FACTI EXCUSAT

232. And, if the man were found an idiot, the profits of his lands and the custody of his person might be granted by the king to any subject who had interest enough to obtain them. 1 Bl. Coimu. 303. IDONEUM SE FACERE; IDO NEARE SE. To purge one's self by oath of a crime of which one is accused. IDONETJS. Lat. In the civil and com mon law. Sufficient; competent; fit or prop er; responsible; unimpeachable. Idoneus homo, a responsible or solvent person; a good and lawful man. Sufficient; adequate; sat isfactory. Idonea cautio, sufficient security. IDONIETAS. In old English law. Abil ity or fitness, (of a parson.) Artie. Cleri, e. 13. IF. In deeds and wills, this word, as a rule, implies a condition precedent, unless it be controlled by other words. 2 Crabb, Real Prop. p. 809, § 2152; 77 N. C. 431. IFUNGIA. The finest white bread, for merly called "cocked bread." Blount. IGLISE. L. Fr. A church. Kelham. Another form of "eglise." IGNIS JUDICIUM. The old judicial trial by fire. Blount. IGNITEGIUM. In old English law. The curfew, or evening bell. Cowell. See CURFEW. IGNOMINY. Public disgrace; infamy; reproach; dishonor. Ignominy is the oppo site of esteem. Wolff, § 145. See 38 Iowa, 220. IGNORAMUS. Lat. u We are ignorant;" "We ignore it." Formerly the grand jury vsed to write this word on bills of indictment when, after having heard the evidence, they thought the accusation against the prisoner was groundless, intimating that, though the facts might possibly be true, the truth did not appear to them; but now they usually write in English the words " Not a true bill," or "Not found, "if that is their verdict; but they are still said to ignore the bill. Brown. IGNORANCE. The want or absence of knowledge. Ignorance of law Is want of knowledge or acquaintance with the laws of the land in so far as they apply to the act, relation, duty, or matter under consideration. Ignorance of fact is want of knowledge of some fact or

facts constituting or relating to the subject matter in hand. Ignorance is not a state of the mind in the sense in which sanity and insanity are. When the mind is ignorant of a fact, its condition still remains sound; the power of thinking, of judging, of will ing, is just as complete before communication of the fact as after; the essence or texture, so to speak, of the mind, is not, as in the case of insan ity, affected or impaired. Ignorance of a particu lar fact consists in this: that the mind, although sound and capable of healthy action, has never acted upon the fact in question, because the sub ject has never been brought to the notice of the perceptive faculties. 28 N. J. Law, 274. "Ignorance" and "error" are not converV ible terms. The former is a lack of informa tion or absence of knowledge; the latter, a misapprehension or confusion of information, or a mistaken supposition of the possession of knowledge. Error as to a fact may im ply ignorance of the truth; but ignorance does not necessarily imply error. Essential ignorance is ignorance in relation to some essential circumstance so intimately con nected with the matter in question, and which M influences the parties, that it induces them to act in the business. Poth. Vente, nn. 8, 4; 2 Kent, Comm. 367. Non-essential or accidental ignorance is that which has not of itself any necessary connection with the business in question, and which is not the true consideration for entering into the con tract. Involuntary ignorance i« that which does not proceed from choice, and which cannot be over come by the use of any means of knowledge known to a person and within his power; as the igno rance of a law which has not yet been promulgated. Voluntary ignorance exists when a party might, by taking reasonable pains, have acquired the necessary knowledge. For example, every man might acquire a knowledge of the laws which have been promulgated. Doct. & Stud. 1, 46; Flowd. 343. IGNORANTIA. Ignorance; want of knowledge. Distinguished from mistake, (error,) or wrong conception. Mackeld, Rom. Law, § 178; Dig. 22, 6. Divided by Lord Coke into ignorantia facti (igno rance of fact) and ignorantia Juris, (ig norance of law.) And the former, he adds* is twofold,— lectionis et lingua, (ignorance of reading and ignorance of language.) 2 Coke, 36. Ignorantia eorum qnre quis sclre ten etur non exeusat. Ignorance of those things which one is bound to know excuses not. Hale, P. C. 42; Broom, Max. 267. Ignorantia facti exeusat. Ignorance of fact excuses or is a ground of relief. 2 Coke, 36. Acts done and contracts made under mistake or ignorance of a material fact

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