Blacks Law Dict. 1st ed

ILL1CENCIATUS

591

IMBROCUS

ILLICENCIATUS. In old English law. Without license. Fleta, lib. 3, c. 5, § 12. ILLICIT. Not permitted or allowed; prohibited; unlawful; as an illicit trade; illicit intercourse. ILLICIT TRADE. Policies of marine insurance usually contain a covenant of warranty against "illicit trade," meaning thereby trade which is forbidden, or declared unlawful, by the laws of the country where the cargo is to be delivered. "It is not the same with • contraband trade,' although the words are sometimes used as synonymous. Illicit or prohibited trade is one which cannot be carried on with out a distinct violation of some positive law of the country where the tiansaction is to take place." 1 Pars. Mar. Ins. 614. ILLICITE. Unlawfully. This word has a technical meaning, and is requisite in an indictment where the act charged is unlaw ful; as in the case of a riot. 2 Hawk. P. C. c 25, § 96. ILLICITUM COLLEGIUM. An ille gal corporation. ILLITERATE. Unlettered; ignorant; unlearned. Generally used of one who can not read and write. ILLOCABLE. Incapable of being placed out or hired. ILLUD. Lat. That. Illud, quod alias lieitum non est, ne oessitas facit lieitum; et necessitas in ducit privilegium quoad jura privata. Bac. Max. That which is otherwise not permitted, necessity permits; and necessity makes a privilege as to private rights. Illud, quod alteri unitur, extinguitur, neque amplius per se vacare licet. Godol. Ecc. Law, 169. That which is united to an other is extinguished, nor can it be any more independent. ILLUSION. In medical jurisprudence. An imdge or impression in the mind, excited by some external object addressing itself to the senses, but which, instead of correspond ing with the reality, is perverted, distorted, or wholly mistaken. ILLUSORY. Deceiving by false appear ances; nominal, as distinguished from sub stantial. ILLUSORY APPOINTMENT. For merly the appointment of a merely nominal

share of the property to one of the objects of a power, in order to escape the rule that an exclusive appointment could not be made un less it was authorized by the instrument cre ating the power, was considered illusory and void in equity. But this rule has been abol ished in England. (1 Win. IV. c. 46; 37 & 38 Viet. c. 37.) Sweet. ILLUSORY APPOINTMENT ACT. The statute 1 Wm. IV. c. 46. This statute enacts that no appointment made after its passing, (July 16,1830,) in exercise of a pow er to appoint pioperty, real or personal, among several objects, shall be invalid, or impeached in equity, on the ground that an unsubstan tial, illusory, or nominal share only was thereby appointed, or left unappointed, to de volve upon any one or more of the objects of such power; but that the appointment shall be valid in equity, as at law. See, too, 37 & 38 Viet. c. 37. Wharton. ILLUSTRIOUS. The prefix to the title of a prince of the blood in England. IMAGINE. In English law. In cases of treason the law makes it a crime to imag ine the death of the king. But, in order to complete the crime, this act of the mind must be demonstrated by some overt act. The terms "imagining" and "compassing" are in this connection synonymous. 4 Bl. Comm. 78. IMAN, IMAM, or IMAUM. A Moham medan prince having supieme spiritual as well as temporal power; a regular priest of the mosque. IMBARGO. An old form of "embargo," (g. t>.) St. 18 Car. II. c. 5. IMBASING OF MONEY. The act of mixing the species with an alloy below the standard of sterling. 1 Hale, P. C. 102. IMBECILITY. Weakness, or feeble ness of intellect, either congenital, or result ing from an obstacle to the development of the faculties, supervening in infancy. See Whart. & S. Med. Jur. §§ 229-233. IMBEZZLE. See EMBEZZLE. IMBLADARE. In old English law. To plant or sow grain. Bract, fol. 1766. IMBRACERY. See EMBRACERY. IMBROCUS. A brook, gutter, or water passage. Cowell.

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