Blacks Law Dict. 1st ed

646

ITER

ISSUE

3 Ves. 257; 17 Ves. 481; 19 Ves. 547; 1 Rop. Leg. 90. In this sense, the word includes not only a child or children, but all other descendants in whatever degree; and it is so construed generally in deeds. But, when used in wills, it is, of course, subject to the rule of construction that the intention of the testator, as ascertained from the will, is to have effect, rather than the technical meaning of the language used by him; and hence issue may, in such a connection, be restricted to children, or to descendants living at the death of the testator, where such an intention clearly appears. Abbott. In business law. A class or series of bonds, debentures, etc., comprising all that are emitted at one and the same time. ISSUE IN FACT. In pleading. An issue taken upon or consisting of matter of foot, the fact only, and not the law being disputed, and which is to be tried by a jury. 3 £1. Comm. 314, 315; Co. Litt. 126a; 3 Steph. Comm. 572. See Code Civil Froc. Cal. §590. ISSUE IN LAW. In pleading. An issue upon matter of law, or consisting of matter of law, being produced by a demurrer on the one side, and a joinder in demurrer on the other. 3 £1. Comm. 314; 3 Steph. Comm. 572, 580. See Code Civil Froc. Cal. § 589. ISSUE BOLL. In English practice. A roll upon which the issue in actions at law was formerly required to be entered, the roll being entitled of the term in which the issue was joined. 2 Tidd, Fr. 733. It was not, however, the practice to enter the issue at full length, if triable by the country, until after the trial, but only to make an incipitur on the roll. Id. 734. ISSUES. In English law. The goods and profits of the lands of a defendant against whom a writ of distringas or distress infinite has been issued, taken by virtue of such writ, are called "issues." 3 Bl. Comm. 280; 1 Chit. Crim. Law, 351. ITA EST. Lat. So it is; so it stands. In modern civil law, this phrase is a form of attestation added to exemplifications from a notary's register when the same are made by the successor in office of the notary who made the original entries. ITA LEX SCBIFTA EST. Lat. So the law is written. Dig. 40,9,12. The law mast be obeyed notwithstanding the apparent rigor of its application. 3 Bl. Comm. 430. We must be content with the law as it stands, without inquiring into its reasons. 1 Bl. Comm. 32.

ITA QUOD. In old practice. So that Formal words in writs. Ita quod habeas corpus, so that you have the body. 2 Mod. 180. The name of the stipulation in a submis sion to arbitration which begins with the words "so as [ita quod'] the award be made of and upon the premises." In old conveyancing. So that. An ex pression which, when used in a deed, former ly made an estate upon condition. Litt. § 329. Sheppard enumerates it among the three words that are most proper to make an estate conditional. Shep. Touch. 121, 122. Ita semper flat relatio ut valeat dis positio. 6 Coke, 76. Let the interpretation be always such that the disposition may pre vail. ITA TE DEUS ADJUVET. Lat. So help you God. The old form of administer ing an oath in England, generally in connec tion with other words, thus: Ita U Deus adjuvet, et sacrosancta Dei Evangelia, So help you God, and God's holy Evangelists. Ita te Deus adjuvet et omnes sancti, So help you God and all the saints. Willes, 338. Ita utere tuo ut alienum non lsedas. Use your own property and your own rights in such a way that you will not hurt your neighbor, or prevent him from enjoying his. Frequently written, "8io utere tuo, n eta, (q. v.) ITEM. Also; likewise; again. This word was formerly used to mark the beginning of a new paragraph or division after the first, whence is derived the common application of it to denote a separate or distinct particular of an account or bill. The word is sometimes used as a verb. "The whole [costs] in this case that was thus itemed to counsel." Bunb. p. 164, case 233. ITER. In the civil law. A way; a right of way belonging as a servitude to an estate in the country, (prcedium rusticum.) The right of way was of three kinds: (1) iter, a right to walk, or ride on horseback, or in a litter; (2) actus, a right to drive a beast or vehicle; (3) via, a full right of way, comprising right to walk or ride, or drive beast or carriage. Heinec. § 408. Or, as some think, they were distinguished by the width of the objects which could be rightfully carried over the way; e. g., via, 8 feet; actus, 4 feet, etc. Mackeld. Rom. Law, § 290; Bract, fol. 232; 4 Bell, H. L. Sc. 390.

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