KFLCC Kingdom Law 2nd Ed.

631

INQUILINUS

INSANITY

matter that entitles the king to the possession of lands or tenements, goods or chattels; as to inquire whether the king's tenant for life died seised, whereby the reversion accrues to the king; whether A., who held immediately of the crown, died without heir, in which case the lands belong to the king by escheat; whether B. be attainted of treason, whereby his estate is forfeited to the crown; whether C, who has purchased land, be an alien, which is another cause of forfeiture, etc. 3 Bl. Coram. 258. These inquests of office were more frequent in practice during the continuance of the military tenures than at present; and were devised by law as an authentic means to give the king his right by solemn matter of record. Id'. 258, 259; 4 Steph. Comm. 40, 41. Sometimes simply termed "office," as in the phrase "office found," (q. v.) See Atlantic & P. R. Co. v. Mingus, 165 U. S. 413, 17 Sup. Ct. 348, 41 L. Ed. 770; Baker v. Shy, 9 Heisk. (Tenn.) 89. In Roman law. A ten ant; one who hires and occupies another's house; but particularly, a tenant of a hired house in a city, as distinguished from colo nus, the hirer of a house or estate in the country. Calvin. An authority given to some official person to institute an inquiry concerning the crown's interests. The writ of inquiry is a ju dicial process addressed to the sheriff of the county in which the venue is laid, stating the former proceedings in the action, and, "because it is unknown what damages the plaintiff has sustained," commanding the sheriff that, by the oath of twelve men of his county, he diligently inquire into the same, and return the inquisition into court. This writ is necessary after an interlocutory judg ment, the defendant having let judgment go by default, to ascertain the quantum of dam ages. Wharton. post mor tem, an inquisition after death. An inquest of office held, during the continuance of the military tenures, upon the death of every one of the king's tenants, to inquire of what lands he died seised, who was his heir, and of what age, in order to entitle the king to his mar riage, wardship, relief, primer seisin, or other advantages, as the circumstances of the case might turn out. 3 Bl. Comm. 258. Inqui sitio patrice, the inquisition of the country; the ordinary jury, as distinguished from the grand assise. Bract, fol. 15o. In practice. An inquiry or inquest; particularly, an investigation of certain facts made by a sheriff, together with a jury impaneled by him for the purpose. —Inquisition after death. See INQUISITIO. Inquisition of lunacy. See LUNACY. A designation of sheriffs, coroners super visum corporis, and the like, who have power to inquire into certain mat ters. INQUILINUS. INQUIRENDO. INQUIRY. INQUISITIO. In old English law. An inquisition or inquest. Inquisitio INQUISITION. INQUISITOR.

XNROLL. A form of "enroll," used In the old books. 3 Rep. Ch. 63, 73; 3 Bast, 410.

INROIXMENT.

See ENROLLMENT.

INSANE. Unsound in mind; of unsound mind; deranged, disordered, or diseased in mind. Violently deranged; mad. Unsoundness of mind; mad ness; mental alienation or derangement; a morbid psychic condition resulting from dis order of the brain, whether arising from mal formation or defective organization or mor bid processes affecting the brain primarily or diseased states of the general system impli cating it secondarily, which involves the in tellect, the emotions, the will, and the moral sense, or some of these* faculties, and which is characterized especially by their non-devel opment, derangement, or perversion, and is manifested, in most forms, by delusions, in capacity to reason or to judge, or by uncon trollable impulses. In law, such a want of reason, memory, and intelligence as prevents a man from comprehending the nature and consequences of his acts or from distinguish ing between right and wrong conduct. From both the pathologic and the legal definitions are to be excluded temporary mental aber rations caused by or accompanying alcoholic or other intoxication and the delirium of fever. See Crosswell v. People, 13 Mich. 427, 87 Am. Dec. 774; Johnson v. Insurance Co., 83 Me. 182, 22 Atl. 107; McNeil v. Relief Ass'n, 40 App. Div. 581, 58 N. Y. Supp. 122; Haile v. Railroad Co., 60 Fed. 560, 9 C. C. A. 134, 23 L. R. A. 774; Meyers v. Com., 83 Pa. 136; Somers v. Pumphrey, 24 Ind. 245; Frazer v. Frazer, 2 Del. Ch. 263. Other definitions. Insanity is a manifesta tion of disease of the brain, characterized by a general or partial derangement of one or more faculties of the mind, and in which, while con sciousness is not abolished, mental freedom is perverted, weakened, or destroyed. Hammond, Nervous System, 332. The prolonged departure, without any adequate cause, from the states of feeling and modes of thinking usual to the in dividual in health. Bouvier. By insanity is not meant (in law) a total deprivation of reason, but only an inability, from defect of perception, memory, and judgment, to do the act in ques tion, [with an intelligent apprehension of its nature and consequences.] So, by a lucid in terval is not meant a perfect restoration to rea son, but a restoration so far as to be_ able, be yond doubt, to comprehend and to do the act with such reason, memory, and judgment as to make it a legal act. Frazer v. Frazer, 2 Del. Ch. 263. Synonyms.—Lunacy. Lunacy, at the common law, was a term used to describe the state of one who, by sickness, grief, or other accident, has wholly lost his memory and understanding. Co. Litt. 246&, 247a; Com. v. Haskell, 2 Brewst (Pa.) 496. It is distinguished from Idiocy, an idiot being one who from his birth has had no memory or understanding, while lunacy implies the pos session and subsequent loss of mental powers. Bicknell v. Spear, 38 Misc. Rep. 389, 77 N. INSANITY.