KFLCC Kingdom Law 2nd Ed.

INTESTABILIS

652

INTOXICATING LIQUOR

tiff, or demanding something adversely to both of them. Logan v. Greenlaw (C. C.) 12 Fed. 16; Fischer v. Hanna, 8 Colo. App. 471, 47 Pac. 303; Gale v. Frazier, 4 Dak. 196, 30 N. W. 138; Reay v. Butler (Cal.) 7 Pac. 671. INTESTABELIS. Lat. A witness in competent to testify. Calvin. INTESTABIiE. One who has not testa mentary capacity; e. g., an infant, lunatic, or person civilly dead. INTESTACY. The state or condition of dying without having made a valid will. Brown v. Mugway, 15 N. J. Law, 331. INTESTATE. Without making a will. A person is said to die intestate when he dies without making a will, or dies without leav ing anything to testify what his wishes were with respect to the disposal of his property after his death. The word is also often used to signify the person himself. Thus, in speaking of the property of a person who died intestate, it is common to say "the in testate's property;" i. e., the property of the person dying in an intestate condition. Brown. See In re Cameron's Estate, 47 App. Div. 120, 62 N. Y. Supp. 187; Messmann v. Egenberger, 46 App. Div. 46, 61 N. Y. Supp. 556; Code Civ. Proc. N. Y. 1889, § 2514, fiubd. 1. Besides the strict meaning of the word as above given, there is also a sense in which intestacy may be partial; that is, where a man leaves a will which does not dispose of his whole estate, he is said to "die intestate" as to the property so omitted. —Intestate succession. A succession is call ed "intestate" when the deceased has left no will, or when his will has been revoked or an nulled as irregular. Therefore the heirs to whom a succession has fallen by the effects of law only are called "heirs db tntestato." Civ. Code La. art. 1096. INTESTATO. Lat. In the civil law. In testate; without a will. Calvin. INTESTATTJS. Lat. In the civil and old English law. An intestate; one -who dies without a will. Dig. 50, 17, 7. Intestatns decedit, qui ant omnino testamentnm non fecit; ant non jnre fecit; ant id qnod fecerat rnptum irri tnmve factnm est; ant nemo ex eo hseres exstitit. A person dies intestate who either has made no testament at all or has made one not legally valid; or if the testament he has made be revoked, or made useless; or if no one becomes heir under it Inst 3, 1, pr. INTIMATION. In the civil law. A notification to a party that some step in a legal proceeding is asked or will be taken. Particularly, a notice given by the party

taking an appeal, to the other party, that the court above will hear the appeal. In Scotch law. A formal written notice, drawn by a notary, to be served on a party against whom a stranger has acquired a right or claim; e. g., the assignee of a debt must serve such a notice on the debtor, otherwise a payment to the original creditor will be good. INTIMIDATION. In English law. Ev ery person commits a misdemeanor, punish able with a fine or imprisonment, who wrong fully uses violence to or intimidates any other person, or his wife or children, with a view to compel him to abstain from doing, or to do, any act which he has a legal right to do, or abstain from doing. (St 38 & 39 Vict c. 86, § 7.) This enactment is chiefly di rected against outrages by trades-unions. Sweet There are similar statutes in many of the United States. See Payne v. Rail road Co., 13 Lea (Tenn.) 514, 49 Am. Rep. 666; Embry v. Com., 79 Ky. 441. —Intimidation of voters. This, by statute in several of the states, is made a criminal of fense. Under an early Pennsylvania act, it was held that, to constitute the offense of in timidation of voters, there must be a preconceiv ed intention for the purpose of intimidating the officers or interrupting the election. Respublica v. Gibbs, 3 Yeates (Pa.) 429. INTITLE. An old form of "entitle." 6 Mod. 304. INTOL AND UTTOI.. In old records. Toll or custom paid for things imported and exported, or bought in and sold out. Cowell. INTOXICATION. The state of being poisoned; the condition produced by the ad ministration or introduction into the human system of a poison. But in its popular use this term is restricted to alcoholic intoxica tion, that is, drunkenness or inebriety, or the mental and physical condition induced by drinking excessive quantities of alcoholic liq uors, and this is its meaning as used in stat utes, indictments, etc. See Sapp v. State, 116 Ga. 182, 42 S. E. 410; State v. Pierce, 65 Iowa, 85, 21 N. W. 195; Wadsworth v. Dunnam, 98 Ala. 610, 13 South. 599; Ring v. Ring, 112 Ga. 854, 38 S. E. 330; State v. Kelley, 47 Vt. 296; Com. v. Whitney, 11 Cush. (Mass.) 477. INTOXICATING LIQUOR. Any liquor used as a beverage, and which, when so used in sufficient quantities, ordinarily or com monly produces entire or partial intoxica tion; any liquor intended for use as a bev erage or capable of being so used, which contains alcohol, either obtained by fermen tation or by the additional process of dis tillation, In such proportion that it will pro duce intoxication when imbibed in such quan tities as may practically be drunk. Intox-