KFLCC Kingdom Law 2nd Ed.

655

INVOLUNTARY

INVESTITURE

Express and implied. An invitation may be express, when the owner or occupier of the land by words invites another to come upon it or make use of it or of something thereon; or it may be implied when such owner or oc cupier by acts or conduct leads another to be lieve that the land or something thereon was intended to be used as he uses them, and that such use is not only acquiesced in by the owner or occupier, but is in accordance with the in tention or design for which the way or place or thing was adapted and prepared and allowed to be used. Turess v. New York, S. & W. R. Co., 61 N. J. Law, 314, 40 Atl. 614; Furey v. New York Cent. R. Co., 67 N. J. Law, 270, 51 Atl. 505; Lepnick v. Gaddis, 72 Miss. 200, 16 South. 213, 26 L. R. A. 686, 48 Am. St Rep. 547; Plummer v. Dill, 156 Mass. 426, 31 N. E. 128, 32 Am. St. Rep. 463; Sesler v. Rolfe Coal & Coke Co., 51 W. Va. 318, 41 S. E. 216. or without the assent or consent. — Ab invito. By or from an unwilling party. A transfer ab invito is a compulsory transfer. —Invito debitore. Against the will of the debtor.— Invito domino. The owner being un willing; against the will of the owner; with out the owner's consent. In order to constitute larceny, the property must be taken invito do mino. A benefit is not conferred on one who is unwilling to receive it; that it to say, no one can be compelled to accept a benefit. Dig. 50, 17, 69; Broom, Max. 699, note. In commercial law. An ac count of goods or merchandise sent by mer chants to their correspondents at home or abroad, in which the marks of each package, with other particulars, are set forth. Marsh. Ins. 408; Dane, Abr. Index. See Merchants' Exch. Co. v. Weisman, 132 Mich. 353, 93 N. W. 870; Southern Exp. Co. v. Hess, 53 Ala. 22; Cramer v. Oppenstein, 16 Colo. 495, 27 Pac. 713. A list or account of goods or merchandise sent or shipped by a merchant to his corre spondent, factor, or consignee, containing the particular marks of each description of goods, the value, charges, and other particulars. Jac. Sea Laws, 302. A writing made on behalf of an importer, specifying the merchandise imported, and its true cost or value. And. Rev. Law, § 294. —Invoice book. A book in which invoices are copied.— Invoice price of goods means the J rime cost. Le Roy y. United Ins. Co., 7 ohns. (N. Y.) 343. An involuntary act is that which is performed with constraint (q. v.) or with repugnance, or without the will to do it. An action is involuntary, then, which is performed under duress. Wolff Inst. Nat. § 5. — Involuntary deposit. In the law of bail ments, one made by the accidental leaving or placing of personal property in the possession Invito benencium non datur. INVOICE. INVOLUNTARY. INVITED ERROR. See EBEOB. INVITO. Lat. Being unwilling. Against

e. g., a grant of a monopoly, the death of one's ancestor. Holl. Jur. 132.

INVESTITURE. A ceremony which ac companied the grant of lands in the feudal ages, and consisted in the open and notorious delivery of possession in the presence of the other vassals, which perpetuated among them the wra of their new acquisition at the time when the art of writing was very little known; and thus the evidence of the prop erty was reposed in the memory of the neigh borhood, who, in case of disputed title, were afterwards called upon to decide upon it. Brown. In ecclesiastical law. Investiture is one of the formalities by which the election of a bishop is confirmed by the archbishop. See Phillim. Ecc. Law, 42, et seq. The attribute of be ing secured against violation. The persons of ambassadors are inviolable. In the law of negligence, and with reference to trespasses on realty f invitation is the act of one who solicits or incites others to enter upon, remain in, or make use of, his property or structures there on,, or who so arranges the property or the means of access to it or of transit over it as to induce the reasonable belief that he expects and intends that others shall come upon it or pass over it. See Sweeney v. Old Colony & N. R. Co., 10 Allen (Mass.) 373, 87 Am. Dec. 644; Wilson v. New York, N. H. & H. R. Co., 18 R. I. 491, 29 Atl. 258; Wright v. Boston & A. R. Co., 142 Mass. 300, 7 N. EL 866. Thus the proprietor of a store, theatre, or amusement park "invites"' the public to come upon his premises for such purposes as are con nected with its intended use. Again, the fact that safety gates at a railroad crossing, which should be closed in case of danger, are left standing open, is an "invitation" to the trav eler on the highway to cross. Roberts v. Dela ware & H. Canal Co., 177 Pa. 183, 35 Atl. 723. So, bringing a passenger train on a railroad to a full stop at a regular station is an "invita tion to alight." License distinguished. A license is a pas sive permission on the part of the owner of premises, with reference to other persons enter ing upon or using them, while an invitation im plies a request, solicitation or desire that they should do so. An invitation may be inferred where there is a common interest or mutual ad vantage; while a license will be inferred where the object is the mere pleasure or benefit of the person using it. Bennett v. Louisville & N. R. Co., 102 U. S. 580, 26 L. Ed. 235; Weldon v. Philadelphia, W. & B. R. Co., 2 Pennewill (Del.) 1, 43 Atl. 159. An owner owes to a licensee no duty as to the condition of the prem ises (unless imposed by statute) save that he should not knowingly let him run upon a hid den peril or wilfully cause him harm; while to one invited he is under the obligation to main tain the premises in a reasonably safe and se cure condition. Beehler v. Daniels, 18 R. I. 563, 29 Atl. 6, 27 L. R. A. 512, 49 Am. St. Rep. 790. INVIOLABILITY. INVITATION.