KFLCC Kingdom Law 2nd Ed.
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587
IDEM EST NON PROBARI
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I. The initial letter of the word
"Insti
Id possumus quod de jure possumus* Lane, 116. We may do only that which by law we are allowed to do. Id quod est magis remotum, non trabit ad se quod est magis junctum, sed e con trario in omni casu. That which is more remote does not draw to itself that which is nearer, but the contrary in every case. Co. Litt 164. Id quod nostrum est sine facto nostro ad alium transferor! non potest. That which is ours cannot be transferred to an other without our act. Dig. 50, 17, 11. Id solum nostrum quod debitis deductis nostrum est. That only is ours which re mains to us after deduction of debts. Tray. Lat. Max. 227. According to Lord Coke, "idem" has two significations, sc, idem syllabis set* verbis,, (the same in syllables or words,) and idem re et sensu, (the same in substance and in sense.) 10 Coke, 124a. In old practice. The said, or aforesaid; said, aforesaid. Distinguished from "pros dtistus" in old entries, though having the same general signification. Townsh. PI. 15, 16. Idem agens et patiens esse non potest. Jenk. Cent. 40. The same person cannot be both agent and patient; i. e., the doer and person to whom the thing is done. Idem est facere, et non probibere cum possis; et qui non prohibit, cum pro bibere possit, in culpa est, (aut jubet.) 3 Inst. 158. To commit, and not to prohibit when in your power, is the same thing; and he who does not prohibit when he can pro hibit is in fault, or does the same as order ing it to be done. Idem est nihil dicere, et insufELcienter dicere. It is the same thing to say noth ing, and to say a thing insufficiently. 2 Inst. 178. To say a thing in an insufficient manner is the same as not to say it at all. Applied to the plea of a prisoner. Id. Idem est non esse, et non apparere. It is the same thing not to be as not to ap pear. Jenk. Cent. 207. Not to appear is the same thing as not to be. Broom, Max. 165. Idem est non probari et non esse; non deficit jus, sed probatio. What is not proved and what does not exist are the IDEM. Lat The same.
tuta" used by some civilians in citing the Institutes of Justinian. Tayl. Civil Law, 24. "juriscon sultus," one learned in the law; a juriscon sult I. E. An abbreviation for "id est," that is; that is to say. I O U. A memorandum of debt, consist ing of these letters, ("I owe you,") a sum of money, and the debtor's signature, is termed an "I O U." Kinney v. Flynn, 2R.I. 329. IBERNAGIUM. In old English law. Th« season for sowing winter corn. Also spelled "hibernagium" and "hybernagium." Ibi temper debet fieri triatio uhi jura tores meliorem possunt habere notitiam. 7 Coke, 1&. A trial should always be had where the jurors can be the best informed. IBIDEM. Lat In the same place; in the same book; on the same page, etc. Ab breviated to "ibid." or "i&." ICENI. The ancient name for the people of Suffolk, Norfolk, Cambridgeshire, and Huntingdonshire, in England. ICTUS. In old English law. A stroke or blow from a club or stone; a bruise, con tusion, or swelling produced by a blow from a club or stone, as distinguished from "plaga," (a wound.) Fleta, lib. 1, c. 41, § 3. —Ictus orbis. In medical jurisprudence. A maim, a bruise, or swelling; any hurt without cutting the skin. When the skin is cut, the in jury is called a "wound." Bract, lib. 2, tr. 2, cc. 5, 24. Id certum est quod certum reddi po test. That is certain which can be made certain. 2 Bl. Oomm. 143; 1 Bl. Comm. 78; 4 Kent, Comm. 462; Broom, Max. 624. Id certum est quod certum reddi po test, sed id magis certum est quod de semetipso est certum. That is certain which can be made certain, but that is more certain which is certain of itself. 9 Coke, 47a. I—CTUS. An abbreviation for ICONA. An image, figure, or representa tion of a thing. Du Cange. ID EST. Lat That is. Commonly ab breviated "i. e." Id perfectum est quod ex omnibus suis partibus constat. That is perfect which consists of all its parts. 9 Coke, 9.
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