KFLCC Kingdom Law 2nd Ed.

630

INNUENDO

INQUEST

INOFFICIOUS TESTAMENT. A will not in accordance with the testator's natural affection and moral duties. Williams, Ex'rs, (7th Ed.) 38; Stein v. Wilzinski, 4 Redf. Sur. (N. Y.) 450; In re Willford's Will (N. J.) 51 Atl. 502. But particularly, in the civil law, a will which deprives the heirs of that portion of the estate to which the law en titles them, and of which they cannot legal ly be disinherited. Mackeld. Rom. Law, S 714; Civ. Code La. 1900, art. 3556, subd. 16. 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 CONSIIiII. 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 OUTFENY. In old Eng lish law. A customary payment of a penny on entering into and going out of a tenancy, (pro exitu de tenura, 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" People v. Coombs, 36 App. Div. 284, 55 N. Y. Supp. 276; Davis v. Bibb County, 116 Ga. 23, 42 S. E. 403. 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 not filed an affidavit of merits nor verified his answer. In such case the issue may be taken up, out of its regular order, on plain tiffs 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 defendant is entitled to appear at the taking of the inquest, and to cross-examine the plaintiff's witnesses; and, if he do appear, the inquest must be taken before a jury, unless a jury be expressly waived by him. Haines v. Davis, 6 See CORONER.—In quest of lunacy. See LUNACY.—Inquest of office. In English practice. An inquiry made made by the king's (or queen's) officer, his sher iff, coroner, or escheator, virtute officii, or by writ sent to them for that purpose, or by com missioners specially appointed, concerning any INOFICIOCIDAD. How. Prac. (N. Y.) 118. —Coroner's inquest.

and invested with the exclusive privilege of calling men to the bar; that is, confer ring the rank or degree of a barrister. They were founded probably about the beginning of the fourteenth century. The principal inns of court are the Inner Temple, Mid dle Temple, Lincoln's Inn, and Gray's Inn. (The two former originally belonged to the Knights Templar; the two latter to the earls of Lincoln and Gray respectively.) These bodies now have a "common council of legal education," for giving lectures and hold ing examinations. The inns of chancery, distinguishable from the foregoing, but gen erally classed with them under the general name, are the buildings known as "Clifford's Inn," "Clement's Inn," "New Inn," "Sta ples' Inn," and "Barnard's Inn." They were formerly a sort of collegiate houses in which law students learned the elements of law be fore being admitted into the inns of court, but they have long ceased to occupy that po sition. INNUENDO. This Latin word (common ly translated "meaning") was the technical beginning of that clause in a declaration or indictment for slander or libel in which the meaning of the alleged libelous words was explained, or the application of the language charged to the plaintiff was pointed out. Hence it gave its name to the whole clause; and this usage is still retained, although an equivalent English word is now substituted. Thus, it may be charged that the defendant said "he (meaning the said plaintiff) is a per jurer." The word is also used, (though more rare ly,) in other species of pleadings, to introduce an explanation of a preceding word, charge, or averment. It is said to mean no more than the words "id est," "sctlicet," or "meaning," or "afore said," as explanatory of a subject-matter suf ficiently expressed before; as "such a one, meaning the defendant," or "such a subject, meaning the subject in question." Cowp. 683. It is only explanatory of some matter al ready expressed. It serves to point out where there is precedent matter, but never for a new charge. It may apply what is already expressed, but cannot add to or en large or change the sense of the previous words. 1 Chit. PI. 422. See Grand v. Drey fus, 122 Oal. 58, 54 Pac. 389; Naulty v. Bul letin Co., 206 Pa. 128, 55 Atl. 862; Cheet ham v. Tillotson, 5 Johns. (N. Y.) 438; Quinn v. Prudential Ins. Co., 116 Iowa, 522, 90 N. W. 349; Dickson v. State, 34 Tex. Cr. R. 1, 30 S. W. 807, 53 Am. St. Rep. 694. INOFFICIOSTJM. In the civil law. In officious; contrary to natural duty or affec tion. Used of a will of a parent which dis inherited a child without just cause, or that of a child which disinherited a parent, and which could be contested by querela inoflici osi testamenti. Dig. 2, 5, 3, 13; Paulus, lib. 4, tit 5, § 1.