KFLCC Kingdom Law 2nd Ed.

IN VERBIS, NON VERBA

610

INCARCERATION

own materials, or on one's own land with another's materials. INALIENABLE. Not subject to aliena tion ; the characteristic of those things which cannot be bought or sold or transferred from one person to another, such as rivers and public highways, and certain personal rights; e. g., liberty. The act of Install ing or inducting into office with formal cere monies, as the coronation of a sovereign, the inauguration of a president or governor, or the consecration of a prelate. In maritime law, and par ticularly with reference to the stowage of cargo, this term is contrasted with "out board." It does not necessarily mean un der deck, but is applied to a cargo so piled or stowed that it does not project over the "board" (side or rail) of the vessel. See Al len v. St Louis Ins. Co., 46 N. Y. Super. Ct. 181. INAUGURATION. INBLAURA. In old records. Profit or product of ground. Cowell. INBOARD. pledge, or hypotheca, consisting of the chat tels of a person unable to obtain a personal "borg," or surety. An uninclosed common, marked out, however, by bounda ries. Want of capacity; want of power or ability to take or dispose; want of legal ability to act. Ellicott v. Ellicott, 90 Md. 321, 45 Atl. 183, 48 L. R. A. 58; Drews' Appeal, 58 N. H. 320; Appeal of Cleveland, 72 Conn. 340, 44 Atl. 476; In re Blinn, 99 Cal. 216, 33 Pac. 841. —Legal incapacity; This expression implies that the person in view has the right vested in him, but is prevented by some impediment from exercising it; as in the case of minors, femes covert, lunatics, etc. An administrator has no right until letters are issued to him. Therefore he cannot benefit (as respects the time before obtaining letters) by a saving clause in a stat ute of limitations in favor of persons under a legal incapacity to sue. Gates v. Brattle, 1 Root (Conn.) 187. imprisonment; con finement in a jail or penitentiary. This term is seldom used in law, though found occa sionally in statutes, (Rev. St. Okl. 1903, § 2068.) When so used, it appears always to mean confinement by competent public au thority or under due legal process, whereas "imprisonment" may be effected by a pri vate person without warrant of law, and If unjustifiable is called "false Imprison ment" No occurrence of such a phrase as "false incarceration" has been noted. See IMPRISONMENT. INBOUND COMMON. INCAPACITY. INCARCERATION, INBORH. In Saxon law. A security,

In verbis, aon verba, sed res et ratio, quserenda est. Jenk. Cent 132. In the construction of words, not the mere words, but the thing and the meaning, are to be In quired after. IN VINCULIS. In chains; In actual custody. Gilb. Forum Rom. 97. Applied also, figuratively, to the condition of a person who is compelled to submit to terms which oppression and his necessities impose on him. 1 Story, Eq. Jur. § 302. IN VIRIDI OBSERVANTIA. Present to the minds of men, and in full force and operation. The initial words of the concluding clause in deeds: "In witness whereof the said parties have hereunto set their hands," etc. A transla tion of the Latin phrase "in cujus ret testi monium." Insufficient; dispropor tionate; lacking in effectiveness or in con formity to a prescribed standard or meas ure. —Inadequate damages. See DAMAGES.— In adequate price. A term applied to indicate the want of a sufficient consideration for a thing sold, or such a price as would ordinarily be en tirely incommensurate with its intrinsic value. State v. Purcell, 131 Mo. 312, 33 S. W. 13; Stephens v. Ozbourne, 107 Tenn. 572, 64 S. W. 903, 89 Am. St. Rep. 937.— Inadequate rem edy a t law. Within the meaning of the rule that equity will not entertain a suit if there is an adequate remedy at law, this does not mean that there must be a failure to collect money or damages at law, but the remedy is considered inadequate if it is, in its nature and character, unfitted or not adapted to the end in view, as, for instance, when the relief sought is preven tive rather than compensatory. Cruickshank v. Bidwell, 176 U. S. 73. 20 Sup. Ct. 280, 44 L. Ed. 377; Safe Deposit & Trust Co. v. Annis ton (C. C.) 96 Fed. 663; Crawford County v. Daub, 110 Iowa, 355, 81 N. W. 590. That which, under the established rules of law, cannot be ad mitted or received; e. g., parol evidence to contradict a written contract. Heedlessness; lack of attention; failure of a person to pay care ful and prudent attention to the progress of a negotiation or a proceeding in court by which his rights may be affected. Used chiefly in statutory enumerations of the grounds on which a judgment or decree may be vacated or set aside; as, "mistake, inad vertence, surprise, or excusable neglect." See Skinner v. Terry, 107 N. C. 103, 12 S. E. 118; Davis v. Steuben School Tp., 19 Ind. App. 694, 50 N. E. 1; .Taylor v. Pope, 106 N. C. 267, 11 S. E. 257, 19 Am. St. Rep. 530; Thompson v. Connell, 31 Or. 231, 48 Pac. 467, 65 Am. St Rep. 818. IN WITNESS WHEREOF. INADEQUATE. INADMISSIBLE. INADVERTENCE.

IN.XDIFICATIO. In the civil law. Building on another's land with one's Lat.