KFLCC Kingdom Law 2nd Ed.

591

ILLICJT

IMITATION

property to one of the objects of a power, in order to escape the rule that an exclusive ap pointment could not be made unless it was au thorized by the instrument creating the power, was considered illusory and void in equity. But this rule has been abolished in England.- (1 Wm. IV. c 46; 37 & 38 Vict. c. 37.) Sweet. See Ingraham v. Meade, 3 Wall. Jr. 32, 13 Fed. Cas. 50.— Illusory appointment act. The statute 1 Wm. IV. c. 46. This statute enacts that no appointment made after its passing, (July 16, 1830,) in exercise of a power to ap point property, real or personal, among several objects, shall be invalid, or impeached in eq uity, on the ground that an unsubstantial, il lusory, or nominal share only was thereby ap pointed, or left unappointed, to devolve upon any one or more of the objects of such power; but that the appointment shall be valid in equity, as at law. See, too. 37 & 38 Vict c. 37. Wharton. IMAGINE. In English law. In cases of treason the law makes it a crime to imag ine the death of the king. But, in order to complete the crime, this act of the mind must be demonstrated by some overt act The terms "imagining" and "compassing" are in this connection synonymous. 4 BL Comm. 78. A Moham medan prince having supreme spiritual as well as temporal power; a regular priest of the mosque. IMAN, IMAM, or IMAUM. ILLUSTRIOUS. The prefix to the title of a prince of the blood in England.

lidt intercourse. State v. Miller, 60 Vt. 90, 12 Atl. 526. —Illicit connection. Unlawful sexual inter course. State T. King, 9 S. D. 628, 70 N. W. 1046.— Illicit cohabitation. The living to gether as man and wife of two persons who are not lawfully married, with the implication that they habitually practice fornication. See Rex v. Kalailoa, 4 Hawaii, 41.— Illicit distillery. One carried on without a compliance with the provisions of the laws of the United States relating to the taxation of spirituous liquors. U. S. v. Johnson (a C.) 26 Fed. 684.— Illicit trade. Policies of marine insurance usually contain a covenant of warranty against "illicit trade," meaning thereby trade which is for bidden, or declared unlawful, by the laws of the country where the cargo is to be delivered. "It is not the same with 'contraband trade,' although the words are sometimes used as synonymous. Illicit or prohibited trade is one which cannot be carried on without a distinct violation of some positive law of the country where the transaction is to take place." 1 Pars. Mar. Ins. 614. Lat. Unlawfully. This word has a technical meaning, and is requisite in an indictment where the act charged is un lawful; as in the case of a riot. 2 Hawk. P. C. c. 25, § 96. ELLICITUM COLLEGIUM. Lat An il legal corporation. ILLITERATE. Unlettered; ignorant; unlearned. Generally used of one who can not read and write. See In re Succession of Carroll, 28 La. Ann. 388. ILLOCABLE. Incapable of being placed out or hired. ILLUD. Lat. That. Hind, quod alias licitum non est, ne cessitas facit Iicitn.m; et necessitas in ducit privileginm quoad jura privata. Bac. Max. That which is otherwise not per mitted, necessity permits; and necessity makes a privilege as to private rights. Illud, quod alter! unitur, extinguitur, neque amplius per se vacare licet. Godol. Ecc. Law, 169. That which is unit ed to another is extinguished, nor can it be any more independent. In medical jurisprudence. An image or impression in the mind, excited by some external object addressing itself to one or more of the senses, but which, in stead of corresponding with the reality, is perverted, distorted, or wholly mistaken, the error being attributable to the imagination of the observer, not to any defect in the or gans of sense. See HALLUCINATION, and see "Delusion," under INSANITY. Deceiving by false appear ances; nominal, as distinguished from sub stantial. — Illusory appointment. Formerly the ap pointment of a merely nominal share of the ILLICITE. ILLUSION. ILLUSORY.

IMBARGO.

An old form of "embargo,"

(q. v.) St. 18 Car. II. c. 5.

IMBASING OF MONET. The act of mixing the specie with an alloy below the standard of sterling. 1 Hale, P. C. 102.

IMBECILITY.

See INSANITY.

EMBEZZLE.

An occasional or obsolete

form of "embezzle," (g. v.)

IMBLADARE.

In old English law. To

plant or sow grain. Bract fol.1766.

IMBRACERY.

See EMBBACERY.

IMBROCUS.

A brook, gutter, or water

passage. Cowell.

IMITATION. The making of one thing in the similitude or likeness of another; as, counterfeit coin is said to be made "in imita tion" of the genuine. An imitation of a trade-mark is that which so far resembles the genuine trade-mark as to be likely toin duce the belief that it is genuine, whether by the use of words or letters similar in ap pearance or in sound, or by any sign, device, or other means. Pen. Code N. Y. 1903, § 368; Wagner v. Daly, 67 Hun, 477, 22 N. Y. Supp. 493; State v. Harris, 27 N. C.294.