Blacks Law Dict. 1st ed

INQUISITOR

627

INOFICIOCIDAD

INOFICTOCTDAD. In Spanish law. Everything done contrary to a duty or obli gation assumed, as well as in opposition to the piety and affection dictated by nature. Escriche. INOPS CONSILII. Lat. Destitute of counsel; without legal counsel. A term ap plied to the acts or condition of one acting without legal advice, as a testator drafting his own will. INORDINATUS. An intestate. INPENY and OUTPENY. In old En lish law. A customary payment of a penny on entering into and going out of a tenancy, (pro exitu de tenura t et pro ingressu.) Spel man. INQUEST. 1. A body of men appointed by law to inquire into certain matters. The grand jury is sometimes called the "grand inquest." 2. The judicial inquiry made by a jury summoned for the purpose is called an "in quest." The finding of such men, upon an investigation, is also called an "inquest." 3. The inquiry by a coroner, termed a "coroner's inquest," into the manner of the death of any one who has been slain, or has died suddenly or in prison. 4. This name is also given to a species of proceeding under the New York practice, al lowable where the defendant in a civil action has notfiledan affidavit of merits nor verified his answer. In such case the issue may be taken up, out of its regular order, on plain tiff's motion, and tried without the admission of any affirmative defense. An inquest is a trial of an issue of fact where the plaintiff alone introduces testimony. The de fendant is entitled to appear at the taking of the inquest, and to cross-examine the plaintiff's wit nesses; and, if he do appear, the inquest must be taken before a jury, unless a jury be expressly waived by him. 6 How. Pr. 118. INQUEST OF OFFICE. In English practice. An inquiry made by the king's (or queen's) officer, his sheriff, coroner, or es cheator, virtute officii, or by writ sent to them for that purpose, or by commissioners spe cially appointed, concerning any matter that entitles the king to the possession of lands or tenements, goods or chattels; as to inquire whether the king's tenant for life died seised, whereby the reversion accrues to the king; whether A., who held immediately of the crown, died without heir, in which case the lands belong to the king by escheat; whether B. be attainted of treason, whereby his estate

is forfeited to the crown; whether C, who has purchased land, be an alien, which is an other cause of forfeiture, etc. 3 Bl. Coinm. 258. These inquests of office were more fre quent in practice during the continuance of the military tenures than at present; and were devised by law as an authentic means to give the king his right by solemn matter of record. Id. 258, 259; 4 Steph. Comm. 40, 41. Sometimes simply termed "office," as in the phrase " office found," (q. v.) See 7 Cranch, 603. INQUILINUS. In Roman law. A ten ant; one who hires and occupies another's house; but particularly, a tenant of a hired house in a city, as distinguished from colo nus, the hirer of a house or estate in the coun try. Calvin. INQUIRENDO. An authority given to some official person to institute an inquiry concerning the crown's interests. INQUIRY. The writ of inquiry is a ju dicial process addressed to the sheriff of the county in which the venue is laid, stating the former proceedings in the action, and, "because it is unknown what damages the plaintiff has sustained," commanding the sheriff that, by the oath of twelve men of his county, he diligently inquire into the same, and return the inquisition into court. This writ is necessary after an interlocutory judg ment, the defendant having let judgment go by default, to ascertain the quantum of dam ages. Wharton. INQUISITIO. In old English law. An inquisition or inquest. Inquisitio post mor tern, an inquisition after death. An inquest of office held, during the continuance of the military tenures, upon the death of every one of the king's tenants, to inquire of what lands he died seised, who was his heir, and of what age, in order to entitle the king to his mar riage, wardship, relief, primer seisin, or other advantages, as the circumstances of the case might turn out. 3 Bl. Comm. 258. Inquir sit to patricB, the inquisition of the country; the ordinary jury, as distinguished from the grand assise. Bract, fol. 156. INQUISITION. In practice. An In quiry or inquest; particularly, an investiga tion of certain facts made by a sheriff, to gether with a jury impaneled by him for the purpose. INQUISITOB, A designation of sheriffs, coroners super visum carports, and the like.

Archive CD Books USA