and substitute such hydrometer as he such as arises from the effect of may deem best calculated to promote judgments and executions.-3. A the public interest, in lieu of that now tacit, which is also a legal hypotheprescribed by law, for the purpose of cation, is that which the law gives ascertaining the proof of liquors; in certain cases, without the consent and that after such adoption and sub- of the parties, to secure the creditor, stitution, the duties imposed by law | such as, 1st, the lien which the pubupon distilled spirits, shall be levied, lic treasury has over the property of collected and paid, according to the public debtors. Code, 8, 15, 1.— proof ascertained by any hydrometer 2d. The landlord has a lien on the so substituted and adopted. goods in the house leased, for the payment of his rent. Dig. 20, 2, 2; Code, 8, 15, 7.-3d. The builder has a lien, for his bill, on the house he has built, Dig. 20, 1.-4th. The pupil has a lien on the property of the guardian for the balance of his account. Dig. 46, 6, 22; Code, 5, 37, 20.-5th. There is hypothecation of the goods of a testator for the security of a legacy he has given, | Code, 6, 43, 1. HYPOBOLUM, civ. law. The name of the bequest or legacy given by the husband to his wife, at his death, above her dowry. Techn. Dict. h. t. HYPOTHECATION, civil law. This term is used principally in the civil law; it is defined to be a right which a creditor has over a thing belonging to another, and which consists in the power to cause it to be sold, in order, out of the proceeds, to In the common law, cases of hypo be paid his claim. There are two thecation, in the strict sense of the species of hypothecation, one called civil law, that is of a pledge without pledge, pignus, and the other pro- possession by the pledgee, are scarce. perly denominated hypothecation. ly to be found; cases of bottomry Pledge is that species of hypotheca- bonds and claims for seamen's wages tion which is contracted by the deli- against ships are the nearest approach very by the debtor to the creditor, of to it; but these are liens and privi the thing hypothecated. Hypotheca- leges rather than hypothecations, tion, properly so called, is that which | Story, Bailm. § 288. It seems that is contracted without delivery of the chattels not in existence, though they thing hypothecated. 2 Bell's Com. | 25, 5th ed. Hypothecation is further divided into general and special. When the debtor hypothecates to his creditor all his estate and property, which he has, or may have, the hypothecation is general: when the hypothecation is confined to a particular estate, it is special. Hypothecations are also distinguished into conventional, legal and tacit. 1. Conventional hypothecations are those which arise by the agreement of the parties. Dig. 20, 1, 5.-2. Legal hypothecation is that which has not been agreed upon by any contract, express or implied; cannot be pledged, can be hypothecated, so that the lien will attach, as soon as the chattel has been produced, 14 Pick. R. 497. Vide, generally, Poth. De l'Hypothèque; Poth. Mar. Contr. translated by Cushing, note, 26, p. 145; Com. mercial Code of France, translated | by Rodman, note, 52, p. 351;Merl、 Répertoire, mot Hypothèque, where the subject is fully considered; 2 Bro. Civ. Law, 195; Ayl. Pand. 524; 1 Law Tracts, 224; Dane's Ab. h、 t.; Abbott on Shipp. Index, h. t.; 13 Ves. 599; Bac. Ab. Merchant, &c. G. Civil Code of Louis. tit. 22, where this sort of security bears the name of mortgage, (q. v.) I. IOU, contracts. The memo- | been absent, and who appears to randum I O U, (I owe you), given claim an inheritance, must prove his by merchants to each other is a mere identity; and, not unfrequently, the evidence of the debt, and does not body of a person which has been amount to a promissory note. Esp. found dead must be identified; cases Cas. N. P. 426; 4 Carr. & Payne, occur when the body is much dis324; 19 Eng. Com. L. Rep. 405; 1 figured, and, at other times, there is Man. & Gran. 46; 39 E. C. L. R. nothing left but the skeleton. Cases 346. of considerable difficulty arise, in consequence of the omission to take particular notice; 2 Stark. Cas. 239; Ryan's Med. Jur. 301; and in consequence of the great resemblance of two persons. I Hall's Am. Law Journ. 70; 1 Beck's Med. Jur. 509 ; 1 Paris, Med. Jur. 222; 3 Id. 143; Trail, Med. Jur. 33. In cases of larceny, trover, replevin, and the like, the things in dispute must always be identified. Vide 4 Bl. Com. 396. ICTUS ORBUS, med. jurisp. A maim, a bruise or swelling; any hurt without cutting the skin. When the skin is cut, the injury is called a wound, (q. v.) Bract. lib. 2, tr. 2, c. 5 and 24. IDEM SONANS, of the same sound. In pleadings, when a name which it is material to state, is wrongly spelled, yet if it be idem sonans with that proved, it is sufficient, as Segrave for Seagrave, 2 Str. R. 889; vide also Russ. & Ry. 412; 2 Taunt. R. 401. In the following cases the variances there mentioned were declared to be fatal. Russ. & Ry, 351; 10 East, R. 83; 5 Taunt. R. 14; 1 Baldw. R. 83; 2 Crom. & M. 189; 6 Price, R. 2; 1 Chit. R. 659; 18 E. C. L. R. 194. See, generally, 3 Chit. Pr. 231, 2; 4 T. R. 611; 3 B. & P. 559; 1 Stark. R. 47; 2 Stark. R. 29; 3 Camp. R. 29; 6 M. & S. 45; 2 N. H. Rep. 557; 7 S. & R. 479; 3 Caines, 219; 1 Wash. C. C. R. 285; 4 Cowen, 148; and the article Name. IDENTITY, evidence, sameness. | It is frequently necessary to identify persons and things. In criminal prosecutions, and in actions for torts and on contracts, it is required to be proved that the defendants have in criminal actions, and for injuries, been guilty of the crime or injury charged, and in an action on a contract, that the defendant was a party to it. Sometimes, too, a party who has M. Briand, in his Manuel Complet de Mèdicine Légale, 4eme partie, ch. 1, gives rules for the discovery of particular marks, which an individual may have had, and also the true colour of the hair, although it may have been artificially coloured. He also gives some rules for the purpose of discovering, from the appearance of a skeleton, the sex, the age, and the height of the person when living, which he illustrates by various examples. See, generally, 6 C. & P. 677; 1 C. & M. 730; 3 Tyr. 806, Shelf, on Mar. & Div. 226; 1 Hagg. Cons. R. 189; 2 Hagg. Cons. R. 187. IDENTITATE NOMINIS, in Eng. law. The name of a writ which lies for a person taken upon a capias or exigent and committed to prison, for another man of the same name; this writ directs the sheriff to inquire whether he be the same person against whom the action was brought, and if not, then to discharge him. F. N. B. 267. In practice a party | are the four months, as above menwould be relieved by habeas corpus. tioned, in which the nones were on IDES, NONES and CAL- the seventh day. In the other eight ENDS, civil law. This mode of months of the year the nones were computing time, formerly in use the fifth of the months, and the ides among the Romans, is yet used in the thirteenth; in each of them the several chanceries in Europe, par- ides indicated the ninth day after the ticularly in that of the pope. Many nones. The seven days between the ancient instruments bear these dates; nones and the ides, which we count it is therefore proper to notice them 8, 9, 10, 11, 12, 13, and 14, in here. These three words designate March, May, July and October, the all the days of the month. The Romans counted octavo, or 8 idus; calends were the first day of every septimo, or 7 idus; sexto, or 6 idus; month, and were known by adding quinto, or 5 idus; quarto, or 4 idus; the names of the months; as calen- tertio, or 3 idus; pridie, or 2 idus; dis januarii, calendis februarii, for the word ante being understood as the first days of the months of Jan- mentioned above. As to the other uary and February. They desig- eight months of the year, in which nated the following days by those the nones indicated the fifth day of before the nones. The fifth day of the month, instead of our 6, 7, 8, 9, each month, except those of March, 10, 11, and 12, the Romans counted May, July, and October; in those octavo idus, septimo, &c. The word four months the nones indicated the is said to be derived from the Tusseventh day; nonis martii, was can, iduare, in Latin dividere, to ditherefore the seventh day of March, vide, because the day of ides divided and so of the rest. In those months the month in nearly equal parts. The in which the nones indicated the fifth days from the ides to the end of the day, the second was called quarto month were computed as follows; nonas or 4 nonas, that is to say, for example, the fourteenth day of quarto die ante nomas, the fourth day January, which was the next day before the non. The words die and after the ides, was called decimo noante, being understood were usually no, or 19 kalendas, or ante kalendas suppressed. The third day of each febrarii; the fifteenth, decimo octaof those eight months was called ter-vo, or 18 kalendas februarii, and so tio, or 3 nonas. The fourth, was, of the rest counting in a retrograde pridie or 2 nonas; and the fifth was manner to pridie or 2 kalendas fenonas. In the months of March, bruarii, which was the thirty-first May, July and October, the second day of January. day of the months was called sexto or 6 nonus; the third, quinto, or 5 nonas; the fourth, quarto, or 4 nonas; the fifth, tertio or 3 nonus; the sixth, pridie, usually abridged prid. or pr. or 2 nonas; and the seventh, nonis. The word none is so applied, it is said, because it indicates the ninth day before the ides of each month. In the months of March, May, July, and October, the fifteenth day of the months was the Ides. These As in some months the Ides indicate the thirteenth, and in some the fifteenth of the month, and as the months have not an equal number of days, it follows that the decimo nono or 19 kalendas did not always happen to be the next day after the Ides; this was the case only in the months of January, August and December. Decimo sexto or the 16th in February; decimo septimo or 17, March, May, July and October; decimo octavo or 18, in April, June, September, and November. Merlin, | teeth are defective; the limbs are IDIOCY, med. jur., is that condition of mind, in which the reflective, or all or a part of the affective powers, are either entirely wanting, or are manifested to the least possible extent. Idiocy generally depends upon organic defects. The most striking physical trait, and one seldom wanting, is the diminutive size of the head, particularly of the anterior superior portions, indicating a deficiency of the anterior lobes of the brain. According to Gall, whose observations on this subject are entitled to great confidence, its circumference, measured immediately over the orbitar arch, and the most prominent part of the occipital bone, is between 11 and 144 inches. Gall, sur les Fonctions, p. 329. In the intelligent adult, it usually measures from 21 to 22 inches. Chit. Med. Jur. 248. See on this subject the learned work of Dr. Morton of Philadelphia, entitled Crania Americana. The brain of an idiot equals that of a new born infant; that is, about one-fourth, one-fifth, or one-sixth of the cerebral mass of an adult's in the enjoyment of his faculties. The above is the only constant character observed in the heads of idiots. In other respects their forms are as various as those of other persons. When idiocy supervenes in early infancy, the head is sometimes remarkable for immense size. This unnatural enlargement arises from some kind of morbid action preventing the developement of the cerebral mass, and producing serous cysts, dropsical effusions, and the like. In idiocy the features are irregular; the forehead low, retreating and narrowed to a point; the eyes are unsteady and often squint; the lips are thick and the mouth is generally open; the gums are spongy and the crooked and feeble. The senses are usually entirely wanting; many are deaf and dumb or blind; and others are incapable of perceiving odours, and show little or no discrimination in their food for want of taste. Their movements are constrained and awkward, they walk badly, and easily fall, and are not less awkward with their hands, dropping generally what is given to them. They are seldom able to articulate beyond a few sounds. They are generally affected with rickets, epilepsy, scrofula, or paralysis. Its subjects seldom live beyond the twenty-fifth year, and are incurable, as there is a natural deformity which cannot be remedied. Vide Chit. Med. Jur. 345; Ray's Med. Jur. ch. 2; 1 Beck's Med. Jur. 571; Shelf. on Lun. Index, h. t., and Idiot. IDIOT, persons, is a person who has been without understanding from his nativity, and whom the law therefore presumes never likely to attain any. Shelf. on Lun. 2. It is an imbecility or sterility of mind, and not a perversion of the understanding. Chit. Med. Jur. 345, 327, note (s); 1 Russ. on Cr. 6; Bac. Ab. h. t. (A); Bro. Ab. h. t.; Co. Litt. 246, 247; 3 Mod. 44; 1 Vern. 16; 4 Rep. 126; 1 Bl. Com. 302. When a man cannot count or number twenty, nor tell his father's or mother's name, nor how old he is, having been frequently told of it, it is a fair presumption that he is devoid of understanding. F. N. B. 233. Vide 1 Dow. P. C. new series, 392; S. C. 3 Bligh, R. new ser. 1. sons born deaf, dumb and blind, are presumed to be idiots, for the senses being the only inlets of knowledge, and these, the most important of them, being closed, all ideas and associations belonging to them are totally excluded from their minds. Co. Litt. 42; Shelf, on Lun. 3. Per Vide Locke on Human understand- knowledge. Considered in itself iging, B. 2, c. 11, §§ 12, 13; Ayliffe's norance is distinguished from error. Pand. 234; 4 Com. Dig. 610; 8 Ignorance is but a privation of ideas Com. Dig. 644. Idiots are incapa- or knowledge; but error is the non ble of committing crimes, or entering conformity or opposition of our ideas into contracts: they cannot of course to the nature or state of things. make a will: but they may acquire Considered as a motive of our acproperty by descent. Vide, general- tions, ignorance differs but little from ly, 1 Dow's Parl. Cas. new series, error, they are generally found amal. 392; 3 Bligh's R. 1; 19 Ves. 286, gamated, and what is said of one is 352, 353; Stock on the law of Non said of both. Ignorance and error Compotes Mentis. are of several kinds; 1, when considered as to their object, they are of law, and of fact; 2, when examined as to their origin, they are voluntary or involuntary; 3, when viewed with regard to their influence on the af fairs of men, they are essential, or non-essential. DE. IDIOTA INQUIRENDO, WRIT This is the name of an old writ which directs the sheriff to inquire whether a man be an idiot or not. The inquisition is to be made by a jury of twelve men. Fitz. N. B. 232. IDLENESS, is the refusal or neglect to perform some honest labour, in order to gain a livelihood. The vagrant act of 17 G. 2, c. 5, which, with some modification has been adopted in perhaps most of the states, describes idle persons to be those who, not having wherewith to maintain themselves, live idle without employment, and refuse to work for the usual and common wages. These are declared to be vagrants. They are punishable according to the different police regulations with fine and imprisonment. In Pennsylvania vagrancy is punished, on a conviction before a magistrate, with imprisonment for one month. §1. Ignorance of law and fact. 1. Ignorance of law consists in the want of knowledge of those laws which it is our duty to understand, and which every man is presumed to know. The law forbids any one to marry a woman whose husband is living. If any man, then, imagined he could marry such a woman, he would be ignorant of the law, and, if he married her, he would commit an error as to a matter of law. How far a party is bound to fulfil a promise to pay, upon a supposed liability, and in ignorance of the law, see 12 East, R. 38; 2 Jac. & Walk. 263; 5 Taunt. R. 143; 3 B. & Cresw. R. 280; 1 John. Ch. R. 512, 516; 6 John. Ch. R. 166; 9 Cowen's R. 674; 4 Mass. R. 342; 7 Mass. R. 452; 7 Mass. R. 488; 9 Pick. R. IGNORAMUS, practice. We are 112; 1 Binn. R. 27. And whether ignorant. This word which in law he can be relieved from a contract means we are uninformed, is written entered into in ignorance or mistake on a bill presented to them, by a of the law; 1 Atk. 591; 1 Ves. & grand jury, when they find there is Bea. 23, 30; 1 Chan. Cas. 84; 2 not sufficient evidence to authorise Vern. 243; 1 John. Ch. R. 512; 2 the finding a true bill. Sometimes John. Ch. R. 51; 1 Pet. S. C. R. 1; instead of using this word the grand 6 John. Ch. R. 169, 170; 8 Wheat. jury endorse on the bill Not found. R. 174; 2 Mason, R. 244, 342. 2. 4 Bl. Com. 305. Vide Grand Jury. Ignorance of fact is the absence of IGNORANCE is the want of knowledge as to the fact in question. IGNIS JUDICIUM, Engl. law. The name of the old judicial trial by fire. |