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to prevent the statute from running. Indeed whenever an agreement, express or implied, takes place between the creditor and the debtor, between the possessor and the owner, which admits the indebtedness or the right to the thing in dispute, it is considered a civil conventional interruption which prevents the statute or the right of prescription from running. Vide 3 Burge on the Confl. of Laws, 63. INTERVENTION, civil law, is the act by which a third party be comes a party in a suit pending between other persons. The interven. tion is made either to be joined to the plaintiff, and to claim the same thing he does, or some other thing connected with it; or, to join the defendant, and with him to oppose the claim of the plaintiff, which it is his interest to defeat. Poth. Procéd. Civ. 1ere part., ch. 2, s. 6, § 3. In the English ecclesiastical courts, the same term is used in the same sense. When a third person, not originally a party to the suit or proceeding, but claiming an interest in the subject-matter in dispute, may, in order the better to protect such interest, interpose his claim, which proceeding is termed intervention. 2 Chit. Pr. 492; 3 Chit. Com. Law, 633; 2 Hagg. Cons. R. 137; 3 Phillim. R. 586; 1 Addams, R. 5; Ought. tit. 14; 4 Hagg. Eccl. R. 67; Dunl. Ad. Pr. 74; The intervener may come in at any stage of the cause, and even after judgment, if an appeal can be allow ed on such judgment. 2 Hagg. Cons. R. 137; 1 Eng. Eccl. R. 480; 2 Eng. Eccl. R. 13.

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INTIMATION, civil law, is the name of any judicial act by which a notice of a legal proceeding is given to some one; but it is more usually understood to mean the notice or summons which an appellant causes to be given to the opposite party that the sentence will be reviewed by the superior judge.

INTROMISSION, Scotch law, is the assuming possession of property belonging to another, either on legal grounds, or without any authority; in the latter case, it is called vicious intromission. Bell's S. L. Dict. h. t.

INTRUSION, estates, torts.— When an ancestor dies seised of any estate of inheritance, expectant upon an estate for life, and then the tenant dies, and between his death and the entry of the heir, a stranger unlawfully enters upon the estate, this is called an intrusion. It differs from an abatement, for the latter is an entry into lands void by the death of a tenant in fee, and an intrusion, as already stated, is an entry into land void by the death of a tenant for years. F. N. B. 203; 3 Bl. Com. 169; Archb. Civ. Pl. 12; Dane's Ab. Index, h. t.

INTRUSION, remedies, is the name of a writ brought by the owner of a fee simple, &c., against an intruder. New Nat. Br. 453.

INUNDATION, the overflow of waters by coming out of their bed. Inundations may arise from three causes; from public necessity, as in the defence of a place it may be necessary to dam the current of a stream which will cause an inundation to the upper lands; they may be occasioned by an invincible force, as by the accidental fall of a rock in the stream; or they may result from the erections of works on the stream. In the first case, the injury caused by the inundation, is to be compensated as other injuries done in war; in the second, as there was no fault of any one, the loss is to be borne by the unfortunate owner of the estate; in the last, when the riparian proprietor is injured by such works as alter the level of the water where it enters or where it leaves the property on which they are erected, the person injured may recover damages for the injury thus caused to his property by the inunda

tion. 9 Co. 59; 4 Day's R. 244; | inventor; if the invention is suggest. 17 Serg. & Rawle, 383; 3 Mason's ed by another, he is not the inventor R. 172; 7 Pick. R. 198; 7 Cowen, within the meaning of those laws; but R. 266; 1 B. & Ald. 258; 1 Rawle's R. 218; 5 N. H. Rep. 232; 9 Mass. R. 316; 4 Mason's R. 400; 1 Sim. & Stu. 203; 1 Coxe's R. 460. Vide Schult. Aq. R. 122; Ang. W. C. 101; 5 Ohio R. 322, 421; and art. Dam.

TO INURE. To take effect; as, the pardon inures. INVASION. The entry of a country by a public enemy, making war. The constitution of the United States, art. 1, s. 8, gives power to congress "to provide for calling the militia to execute the laws of the Union, suppress insurrections and repel invasions." Vide Insurrection. INVENTION. A contrivance; a discovery. It is in this sense this word is used in the patent laws of the United States. It signifies not some thing which has been found ready made, but which in consequence of art or accident has been formed: for the invention must relate to some new or useful art, machine, manufacture, or composition of matter, or some new, and useful improvement on any art, machine, manufacture, or composition of matter, not before known or used by others. Act of July 4, 1836, 4 Sharsw. continuation of Story's L. U. S. 2506; 1 Mason, R. 302; 4 Wash. C. C. R. 9. Vide Patent. By invention, the civilians understand the finding of some thing which had not been lost; they must either have been abandoned, or they must never have belonged to any one, as a pearl found on the sea shore. Leç. Elem. & 350.

INVENTIONES. This word is used in some ancient English charters to signify treasure-trove.

in that case the suggestion must be of the specific process or machine; for a general theoretical suggestion, as that steam might be applied to the navigation of the air or water, without pointing by what specific process or machine that could be accomplished, would not be such a suggestion as to deprive the person to whom it had been made from being considered as the inventor. Dav. Pat. cas. 429; 1 C. & P. 558; 1 Russ. & M. 187; 4 Taunt. 770.

INVENTORY. A list, schedule or enumeration in writing, containing, article by article, the goods and chattels, rights and credits, and in some cases, the lands and tenements, of a person or persons. In its most common acceptation, an inventory is a conservatory act which is made to ascertain the situation of an intestate's estate, the estate of an insol. vent, and the like, for the purpose of securing it to those entitled to it. When the inventory is made of goods and estates assigned or conveyed in trust, it must include all the property conveyed. In case of intestate estates, it is required to contain only the personal property, or that to which the administrator is entitled. The claims due to the estate ought to be separated; those which are des perate or bad ought to be so returned. The articles ought to be set down separately, as already mentioned, and separately valued.

The inventory is to be made in the presence of at least two of the creditors of the deceased, or legatees or next of kin, and, in their default and absence, of two honest persons. The appraisers must sign it, and INVENTOR. One who invents make oath or affirmation that the or finds out something. The patent appraisement is just to the best of laws of the United States, authorise their knowledge. Vide, generally, a patent to be issued to the original | 14 Vin. Ab. 465; Bac. Ab. Execu

tors, &c. E 11; 4 Com. Dig. 714; | package, with other particulars are Ayliffe's Pand. 414; Ayliffe's Parerg. set forth. Marsh. Ins. 408; Dane's [305]; Com. Dig. Administration, B Ab. Index, h. t. An invoice ought 7; 3 Burr. 1922; 2 Addams's Rep. to contain a detailed statement, which 319; S. C. 2 Eccles. R. 322; Lovel. should indicate the nature, quantity, on Wills, 38; 2 Bl. Com. 514; 8 quality and price of the things sold, Serg. & Rawle, 128; Godolph. 150, deposited, &c. 1 Pardess. Dr. Com. and the article Benefit of Inventory. n. 248. Vide Bill of Lading; and TO INVEST, contracts. To lay 2 Wash. C. C. R. 113; Id. 155. out money in such a manner that it may bring a revenue; as, to invest money in houses or stocks.

INVESTITURE, estates, is the act of giving possession of lands by actual seisin. When livery of seisin was made to a person, by the common law he was invested with the whole fee; this, the foreign feudists and sometimes our own law writers call investiture, but generally speaking, it is termed by the common law writers, the seisin of the fee. 2 Bl. Com. 209, 313; Fearne on Rem. 223, n. (z).

INVITO DOMINO, crim. law. without the consent of the owner. In order to constitute larceny, the property stolen, must be taken invito domino, this is the very essence of the crime. Cases of considerable difficulty arise when the owner has, for the purpose of detecting thieves, by himself or his agents, delivered the property taken, whether they are larcenies or not; the distinction seems to be this, that when the owner procures the property to be taken, it is not larceny; and when he merely leaves it in the power of the defendant to execute his original purpose of taking it, in the latter case it will be considered as taken invito domino. 2 Bailey's Rep. 569; Fost. 123; 2 Russ. on Cr. 66, 105; 2 Leach, 913; 2 East, P. C. 666; Bac. Ab. Felony, C; Alis. Prin. 273; 2 Bos. & Pull. 508; and article Taking.

INVOICE, commerce, an account of goods or merchandise sent by merchants to their correspondents at home or abroad, in which the marks of each

INVOICE BOOK, commerce, accounts, is one in which invoices are copied.

IOWA. The name of one of the territories of the United States of America. This territory was established by the act of congress of June 12th, 1838, Pamphlet Laws, 1837-1838, p. 60. This act is the fundamental law of the territory. The government is organized as follows:

§1. That from and after the third day of July next, all that part of the present territory of Wisconsin which lies west of the Mississippi river, and west of a line drawn due north from the head waters or sources of the Mississippi to the territorial line, shall, for the purpose of temporary government, be and constituted a separate territorial government by the name of Iowa; and that from and after the said third day of July next, the present territorial government of Wisconsin shall extend only to that part of the present territory of Wisconsin which lies east of the Mississippi river. And after the said third day of July next, all power and authority of the government of Wisconsin, in and over the territory hereby constituted shall cease: Provided, that nothing in this act contained shall be construed to impair the rights of person or property, now appertaining to any Indians within the said territory so long as such rights shall remain unextinguished by treaty between the United States and such Indians, or to impair the obligations of any treaty now exist.

ing between the United States and such Indians, or to impair or any wise to affect the authority of the government of the United States to make any regulations respecting such Indians, their lands, property, or other rights, by treaty or law, or otherwise, which it would have been competent to the government to make if this act had never been passed: Provided, that nothing in this act contained shall be construed to inhibit the government of the United States from dividing the territory hereby established into one or more other territories in such manner and at such times as congress shall, in its discretion, deem convenient and proper, or from attaching any portion of said territory to any other state or territory of the United States.

§2. That the executive power and authority in and over the said territory of Iowa shall be vested in a governor, who shall hold his office for three years, unless sooner removed by the president of the United States. The governor shall reside within the said territory, shall be commander-in-chief of the militia thereof, shall perform the duties and receive the emoluments of superintendent of Indian affairs, and shall approve of all laws passed by the legislative assembly before they shall take effect; he may grant pardons for offences against the laws of the said territory, and reprieves for offences against the laws of the United States, until the decision of the president can be made known thereon; he shall commission all officers who shall be appointed to office under the laws of the said territory, and shall take care that the laws be faithfully executed.

States; he shall record and preserve all the laws and proceedings of the legislative assembly hereinafter constituted, and all the acts and proceedings of the governor in his executive department; he shall transmit one copy of the laws and one copy of the executive proceedings, on or before the first Monday in December in each year, to the president of the United States, and, at the same time, two copies of the laws to the speaker of the house of representatives, for the use of congress. And in case of the death, removal, resignation, or necessary absence of the governor from the territory, the secretary shall have, and he is hereby authorised and required to execute and perform all the powers and duties of the governor during such vacancy or necessary absence, or until another governor shall be duly appointed to fill such vacancy.

§4. That the legislative power shall be vested in the governor and a legislative assembly. The legislative assembly shall consist of a council and house of representatives. The council shall consist of thirteen members, having the qualifications of voters as hereinafter prescribed, whose term of service shall continue two years. The house of representatives shall consist of twenty-six members possessing the same qualifications as prescribed for the members of the council, and whose term of service shall continue one year. An apportionment shall be made as nearly equal as practicable, among the several counties, for the election of the council and representatives, giving to each section of the territory representation in the ratio of its popu§3. That there shall be a secre-lation, Indians excepted, as nearly as tary of the said territory, who shall reside therein, and hold his office for four years, unless sooner removed by the president of the United

may be. And the said members of the council and house of representatives shall reside in and be inhabit ants of the district for which they

§ 5. That every free white male citizen of the United States, above the age of twenty-one years, who shall have been an inhabitant of said territory at the time of its organization, shall be entitled to vote at the first election, and shall be eligible to any office within the said territory; but the qualifications of voters at all subsequent elections, shall be such as shall be determined by the legislative assembly: Provided, that the right of suffrage shall be exercised only by citizens of the United States.

may be elected. Previous to the first election, the governor of the territory shall cause the census or enumeration of the inhabitants of the several counties in the territory to be taken, and made by the sheriffs of the said counties, respectively, unless the same shall have been taken within three months previous to the third day of July next, and returns thereof made by said sheriffs to the governor. The first election shall be held at such time and place, and be conducted in such manner as the governor shall appoint and direct; and he shall at 6. That the legislative power of the same time, declare the number the territory shall extend to all rightof members of the council and house ful subjects of legislation; but no of representatives to which each of law shall be passed interfering with the counties or districts are entitled the primary disposal of the soil; no under this act. The number of per- tax shall be imposed upon the prosons authorised to be elected having perty of the United States; nor shall the greatest number of votes in each the lands or other property of nonof the said counties or districts for residents be taxed higher than the the council, shall be declared by the lands or other property of residents. said governor to be duly elected to All the laws of the governor and the said council; and the person or legislative assembly shall be submitpersons having the greatest number ted to, and if disapproved by, the conof votes for the house of representa-gress of the United States, the same tives, equal to the number to which shall be null and of no effect. each county may be entitled, shall also be declared by the governor to be duly elected: Provided, the governor shall order a new election when there is a tie between two or more persons voted for, to supply the vacancy made by such a tie. And the persons thus elected to the legislative assembly shall meet at such place, and on such day as he shall appoint; but thereafter the time, place, and manner of holding and conducting all elections by the people, and the apportioning the representation in the several counties to the council and house of representatives, according to population, shall be prescribed by law, as well as the day of the annual commencement of the session of the said legislative assembly; but no session in any year shall exceed the term of seventyfive days.

§ 7. That all township officers, and all county officers, except judicial officers, justices of the peace, sheriffs and clerks of courts, shall be elected by the people, in such manner as is now prescribed by the laws of the territory of Wisconsin, or as may, after the first election, be provided by the governor and legislative assembly of Iowa Territory. The governor shall nominate and by and with the advice and consent of the legislative council, shall appoint all judicial officers, justice of the peace, sheriffs, and all militia officers, except those of the staff, and all civil officers not herein provided for. Vacancies occurring in the recess of the council, shall be filled by appointments from the governor, which shall expire at the end of the next session of the legislative assembly; but the

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