Blacks Law Dict. 1st ed

624

INLAND BILL OF EXCHANGE

INITIATIVE

Injuria non prsesumitur. Injury is not presumed. Co. Litt. 232, Cruel, oppressive, or tortuous conduct will not be presumed. Best. Ev. p. 336, § 298. Injuria propria non cadet in benefi cium facientis. One's own wrong shall not fall to the advantage of him that does it. A man will not be allowed to derive benefit from his own wrongful act. Branch, Princ. Injuria servi dominum pertingit. The master is liable for injury done by his serv ant. Lofft, 229. INJURIOUS WORDS. In Louisiana. Slander, or libelous words. Civil Code La. art. 3501. INJURY. Any wrong or damage done to another, either in his person, rights, repu tation, or property. In the civil law. A delict committed in contempt or outrage of any one, whereby his body, his dignity, or his reputation is ma liciously injured. Voet, Com. ad Pand. 47, t. 10, no. 1. Injustum est, nisi tota lege inspects, de una aliqua ejus particula proposita judicare vel respondere. 8 Coke, 1176. It is unjust to decide or respond as to any particular part of a law without examining the whole of the law. INLAGARE. In old English law. To restore to protection of law. To restore a man from the condition of outlawry. Op posed to utlagare. Bract, lib. o, tr. 2, c. 14, § 1; Du Cange. INLAGATION. Restoration to the pro tection of law. Restoration from a condition of outlawry. INLAGH. A person within the law's protection; contrary to utlagh, an outlaw. Cowell. INLAND. Within a country, state, or territory; within the same country. In old English law, inland was used for the demesne (q. v.) of a manor; that part which lay next or most convenient for the lord's mansion-house, as within the view thereof, and which, therefore, he kept in his own hands for support of his family and for hospitality; in distinction from outland or utland, which was the portion let out to ten ants. Cowell; Kennett; Spelman. INLAND BILL OF EXCHANGE. A bill of which both the drawer and drawee re side within the same state or country. Oth

INITIATIVE. In French law. The name given to the important prerogative con ferred by the charte constitutionnelle, article 16, on the late king to propose through his ministers projects of laws. 1 Toullier, no. 39. INJUNCTION. A prohibitive writ is sued by a court of equity, at the suit of a party complainant, directed to a party de fendant in the action, or to a party made a defendant for that purpose, forbidding the latter to do some act, or to permit his servants or agents to do some act, which he is threat ening or attempting to commit, or restrain ing him in the continuance thereof, such act being unjust and inequitable, injurious to the plaintiff, and not such as can be ade quately redressed by an action at law. An injunction is a writ or order requiring a person to refrain from a particular act. It may be granted by the court in which the ac tion is brought, or by a judge thereof, and when made by a judge it may be enforced as an order of the court. Code Civil Proc. Cal. § 525. Mandatory injunctions command defendant to do a particular thing. Preventive, command him to refrain from an act. An injunction is called "preliminary" or "pro visional, " or an "injunction pendente lite, " when it is granted at the outset of a suit brought for the purpose of restraining the defendant from doing the act threatened, until the suit has been heard and the rights of the parties determined. It is called "final" or "perpetual" when granted upon a hearing and adjudication of the rights in ques tion, and as a measure of permanent relief. INJURIA. Injury; wrong; the priva tion or violation of right. 8 Bl. Comm. 2. INJURIA ABSQUE DAMNO. Injury or wrong without damage. A wrong done, but from which no loss or damage results, and which, therefore, will not sustain an action. Injuria fit ei cui convicium dictum est, vel de eo factum carmen famosum. An injury is done to him of whom a reproach ful thing is said, or concerning whom an in famous song is made. 9 Coke, 60. Injuria illata judici, seu locum tenenti regis, videtur ipsi regi illata maxime si fiat in exercentem officium. 3 Inst. 1. An injury offered to a judge, or person rep resenting the king, is considered as offered to the king himself, especially if it be done in the exercise of his office. Injuria non excusat injuriam. One wrong does not justify another. Broom, Max. 395. See 6 El. & Bl. 47.'

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