Blacks Law Dict. 1st ed

623

INHERIT

INITIATE

In the civil law. A prohibition which the law makes or a judge ordains to an indi vidual. Hallifax, Civil Law, p. 126. INHIBITION AGAINST A WIPE. In Scotch law. A writ in the sovereign's name, passing the signet, which prohibits all and sundry from having transactions with a wife or giving her credit. Bell; Ersk. Inst. 1, 6, 26. INHOC. In old records. A nook or cor ner of a common or fallow field, inclosed and cultivated. Kennett, Par. Antiq. 297, 298; Cowell. INHONESTUS. In old English law. Unseemly; not in due order. Fleta, lib. 1* c. 31, § 8. Iniquissima pax est anteponenda jus tissimo bello. The most unjust peace is to be preferred to thejustest war. 18 Wend. 257, 305. INIQUITY. In Scotch practice. A tech nical expression applied to the decision of an inferior judge who has decided contrary to law; he is said to have committed iniquity. Bell. Iniquum est alios permittere, alios in hibere mereaturam. It is inequitable to permit some to trade and to prohibit others. 3 Inst. 181. Iniquum est aliquem rei sui esse ju dicem. It is wrong for a man to be a judge in his own cause. Branch, Frinc.; 12 Coke, 113. Iniquum est ingenuis hominibus non esse liberam rerum suarum alienationem. It is unjust that freemen should not have the free disposal of their own property. Co. Litt. 223a/ Hob. 87; 4 Kent, Comm. 131. INITIAL. That which begins or stands at the beginning. The first letter of a man's name. INITIALIA TESTIMONY In Scotch law. Preliminaries of testimony. The pre liminary examination of a witness, before examining him in chief, answering to the voir dire of the English law, though taking a somewhat wider range. Wharton. I N I T I A T E . Commenced; inchoate. Curtesy initiate is the interest which a hus band has in the wife's lands after a child is born who may inherit, but before the wife dies.

INHERIT. To take by inheritance; to take as heir on the death of the ancestor. " To inherit to" a person is a common expression in the books. 8 Coke, 41; 2 Bl. Comm. 254, 255. INHERITABLE BLOOD. Blood which has the purity (freedom from attainder) and legitimacy necessary to give its possessor the character of a lawful heir; that which is capable of being the medium for the trans mission of an inheritance. INHERITANCE. An estate in things real, descending to the heir. 2 Bl. Comm. 201. Such an estate in lands or tenements or other things as may be inherited by the heir. Termes de la Ley. An estate or property which a man has by descent, as heir to another, or which he may transmit to another, as his heir. Litt. § 9. A perpetuity in lands or tenements to a man and his heirs. Cowell; Blount. "Inheritance" is also used in the old books where "hereditament" is now commonly em ployed. Thus, Coke divides inheritances in to corporeal and incorporeal, into real, per sonal, and mixed, and into entire and sev eral. In the civil law. The succession of the heir to all the rights and property of the es tate-leaver. It is either testamentary, where the heir is created by will, or ab intestate, where it arises merely by operation of law. Heinec. § 484. INHERITANCE ACT. The English statute of 8 & 4 Wm. IV. c. 106, by which the law of inheritance or descent has been considerably modified. 1 Steph. Comm. 359, 500. INHIBITION. In ecclesiastical law. A writ issuing from a superior ecclesiastical court, forbidding an inferior judge to pro ceed further in a cause pending before him. In this sense it is closely analogous to the writ of prohibition at common law. Also the command of a bishop or ecclesias tical judge that a clergyman shall cease from taking any duty. In Scotch law. A species of diligence or process by which a debtor is prohibited from contracting any debt which may become a burden on his heritable property, in com petition with the creditor at whose instance the inhibition is taken out; and from grant ing any deed of alienation, etc., to the prej udice of the creditor. Brande.

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