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 insolvent, and the like,
for the purpose of securing it to those entitled to it.
2. When the inventory is made of goods and estates assigned or conveyed in
trust, it must include all the property conveyed.
3. 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 desperate or had ought to be so
returned. The articles ought to be set down separately, as already mentioned,
and separately valued.
4. 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 make oath or
affirmation that the appraisement is just to the best of their knowledge. Vide,
generally, 14 Vin. Ab. 465; Bac. Ab. Executors, &c., E 11; 4 Com. Dig. 14;
Ayliffe's Pand. 414; Ayliffe's Parerg. 305; Com. Dig. Administration, B 7; 3
Burr. 1922; 2 Addams' Rep. 319; S. C. 2 Eccles. R. 322; Lovel. on Wills; 38; 2
Bl. Com. 514; 8 Serg. & Rawle, 128; Godolph. 150, and the article Benefit of
TO INVEST, contracts. To lay out money in such a manner that it may
bring a revenue; as, to invest money in houses or stocks; to give
2. This word, which occurs frequently in the canon law, comes from the Latin
word investire, which signifies to clothe or adorn and is used, in that system
of jurisprudence, synonymously with enfeoff. Both words signify to put one into
the possession of, or to invest with a fief, upon his taking the oath of fealty
or fidelity to the prince or superior lord.
INVESTITURE, estates. 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; Feame on Rem. 223, n.
2. By the canon law investiture was made per baculum et annulum, by the ring
and crosier, which were regarded as symbols of the episcopal jurisdiction.
Ecclesiastical and secular fiefs were governed by the same rule in this respect
that previously to investiture, neither a hishop, abbey or lay lord could take
possession of a fief. conferred upon them previously to investiture by the
3. Pope Gregory VI. first disputed the right of sovereigns to give
investiture of ecclesiastical fiefs, A. D. 1045, but Pope Gregory VII. carried.
on the dispute with much more vigor, A. D. 1073. He excommunicated the emperor,
Henry IV. The Popes Victor III., Urban II. and Paul II., continued the contest.
This dispute, it is said, cost Christendom sixty-three battles, and the lives of
many millions of men. De Pradt.
INVIOLABILITY. That which is not to be violated. The persons of
ambassadors are inviolable. See Ambassador.
INVITO DOMINO, crim. law. Without the consent of the owner.
2. 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, as to 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; 1 Carr. & Marsh. 217; article,
INVOICE, commerce. An account of goods or merchandise sent by
merchants to their correspondents at home or abroad, in which the marks of each
package, with other particulars, are set forth. Marsh. Ins. 408; Dane's Ab.
Index, h. t. An invoice ought to contain a detailed statement, which should
indicate the nature, quantity, quality, and price of the things sold, deposited,
&c. 1 Pardess. Dr. Com. n. 248. Vide Bill of Lading; and 2 Wash. C. C. R.
113; Id. 155.
INVOICE BOOK, commerce, accounts. One in which invoices are
INVOLUNTARY. 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, 5. Vide Duress.
IOWA. The name of one of the new states of the United States of
2. This state was admitted into the Union by the act of congress, approved
the 3d day of March, 1845.
3. The powers of the government are divided into three separate departments,
the legislative, the executive, and judicial and no person charged with the
exercise of power properly belonging to one of these departments, shall exercise
any function appertaining to either of the others, except in cases provided for
in the constitution.
4. - I. The legislative authority of this state is vested in a senate and
house of representatives , which are designated the general assembly of the
state of Iowa.
5. - 1. Of the senate. This will be considered with reference, 1. To the
qualifications of the electors. 2. The qualifications of the members. 3. The
length of time for which they are elected. 4. The time of their election. 5. The
number of senators.
6. - 1. Every white. male citizen of the United States, of the age of
twenty-one years, who shall have been a resident of the state six months next
preceding the election, and the county, in which he claims his vote twenty days,
shall be entitled to vote at all elections which are how or hereafter may be
authorized by law. But with this exception, that no person in the military,
naval, or marine service of the United States, shall be considered a resident of
this state, by being stationed in any garrison, barrack, military or naval place
or station within this state. And no idiot or insane person, or person convicted
of any infamous crime, shall be entitled to the privilege of an elector. Art.
7. - 2. Senators must be twenty-five years of age, be free white male
citizens of the United States, and have been inhabitants of the state or
territory one, year next preceding their election; and, at the time of their
elections have an actual residence of thirty days in the county or district they
may be chosen to represent. Art. 4, s. 5.
8. - 3. The senators are elected for four years. They are so classed that
one-half are renewed every two years. Art. 4, s. 5.
9.-4. They are chosen every second year, on the first Monday in August. Art.
4, B. 3.
10. - 5. The number of senators; is not less than one-third, nor more than
one-half the representative body. Art. 4, s. 6.
11.- 2. Of the house of representatives. This will be considered in the same
order which has been observed with regard to the senate.
12. - 1. The electors qualified to vote for senators are electors of members
of the house of representatives.
13. - 2. No person shall be a member of the house of representatives who
shall not have attained the age of twenty-one years; be a free male white
citizen of the United States, and have been an inhabitant of the state or
territory one year next preceding his election; and at the time of his election
have an actual residence of thirty days in the county or district he may be
chosen to represent. Art. 4, s. 4.
14. - 3. Members of the house of representatives are chosen, for two years.
Art. 4, s. 3.
15.-4. They are elected at the same time that senators are elected.
16.-5. The number of representatives is not limited.
17. The two houses have respectively the following power's. Each house has
power - To choose its own officers, and judge of the qualification of its
members. To sit upon its adjournments; keep a journal of its proceedings and
publish the same; punish members for disorderly behaviour, and, with the consent
of two-thirds, expel a member but not a second time for the same offence; and
shall have all other power necessary for a branch of the general assembly of a
free and independent state.
18. The house of representatives has the power of impeachment, and the senate
is a court for the trial of persons impeached.
>19. - II. The supreme executive power is vested in a chief magistrate,
who is called the governor of the state of Iowa. Art. 5, s. 1.
20. The governor shall be elected by the qualified electors, at the time and
place of voting for members of the general assembly, and hold his office for
four years from the time of his installation, and until his successor shall be
duly qualified. Art. 5, s. 2.
21. No person shall be eligible to the office of governor, who is not a
citizen of the United States, a resident of the state two years next preceding
his election, and attained the age of thirty-five years at the time of holding
said election. Art. 5, s. 3.
22. Various powers are conferred on the governor among others, he shall be
commander-in-chief of the militia, army, and navy of the state; transact
executive business with the officers of the government; see that the laws are
faithfully executed; fill vacancies by granting temporary commissions on
extraordinary occasions convene the general assembly by proclamation;
communicate by message with the general assembly at every session adjourn the
two houses when they cannot agree upon the time of an adjournment; may grant
reprieves and pardons, and commute punishments after conviction, except in cases
of impeachment shall be keeper of the great seal; and sign all commissions. He
is also invested with the veto power.
23. When there is a vacancy in the office of governor, or in case of his
impeachment, the duties of his office shall devolve on the secretary of state;
on his default, on the president of the senate and if the president cannot act,
on the speaker of the house of representatives.
24. - III. The judicial power shall be vested in a supreme court, district
courts, and such inferior courts as the general assembly may, from time to time,
establish. Art. 6, s. 1.
25. - 1. The supreme court shall consist of a chief justice and two
associates, two of whom shall be a quorum to hold court. Art. 6, s. 2.
26. The judges of the supreme court shall be elected by joint ballot of both
branches of the general assembly, and shall hold their courts at such time and
place as the general assembly may direct, and hold their office for six years,
and until their successors are elected and qualified, and shall be ineligible to
any other office during the term for which they may be elected Art. 6, s. 3.
27. The supreme court shall have appellate jurisdiction only in all eases in
chancery, and shall constitute a court for the correction of errors at law,
under such restrictions as tho general assembly may by law prescribe. It shall
have power to issue all writs and process necessary to do justice to parties,
and exercise a supervisory control over all inferior judicial tribunals, and the
judges of the supreme court shall be conservators of the peace throughout the
state. Art. 6, s. 3.
28. - 2. The district court shall consist of a judge who shall be elected by
the qualified electors of the district in which he resides, at the township
election, and hold his office for the term of five years, and until his
successor is duly elected and qualified, and shall be ineligible to any other
office during the term for which he may be elected.
29. The district court shall be a court of law and equity, and have
jurisdiction in all civil and criminal matters arising in their respective
districts, in such manner as shall be prescribed by law. The judges of the
district courts shall be conservators of the peace in their respective
districts. The first general assembly shall divide the state into four
districts, which may be increased as the exigencies require. Art. 6, s. 4.
IPSE. He, himself; the very man.
IPSO FACTO. By the fact itself.
2. This phrase is frequently employed to convey the idea that something which
has been done contrary to law is void. For example, if a married man, during the
life of his wife, of which he had knowledge, should marry another woman, the
latter marriage would be void ipsofacto; that is, on that fact being proved, the
second marriage would be declared void ab initio.
IPSO JURE. By the act of the law itself, or by mere operation of
IRE AD LARGUM. To go at large; to escape, or be set at liberty. Vide
IRONY, rhetoric. A term derived from the Greek, which signifies
dissimulation. It is a refined species of ridicule, which, under the mask of
honest simplicity or ignorance, exposes the faults and errors of others, by
seeming to adopt or defend them.
2. In libels, irony may convey imputations more effectually than direct
assertion, and render the publication libelous. Hob. 215; Hawk. B. 1, c. 73, s.
4; 3 Chit. Cr. Law, 869, Bac. Ab. Libel, A 3.
IRREGULAR. That which is done contrary to the common rules of law; as,
irregular process, which is that issued contrary to law and the common practice
of the court. Vide Regular and. Irregular Process.
IRREGULAR DEPOSIT. This name is given to that kind of deposit, where
the thing deposited need not be returned; as, where a man deposits, in the usual
way, money in bank for safe keeping, for in this case the title to the identical
money becomes vested in the bank, and he receives in its place other money.
IRREGULARITY, practice. The doing or not doing that in the conduct of
a suit at law, which, conformably with the practice of the court, ought or ought
not to be done.
2. A party entitled to complain of irregularity, should except to it
previously to taking any step by him in the cause; Lofft. 323, 333; because the
taking of any such step is a waiver of any irregularity. 1 Bos. k Pbil. 342; 2
Smith's R. 391; 1 Taunt. R. 58; 2 Taunt. R. 243; 3 East, R. 547; 2 New R. 509; 2
Wils. R. 380.
3. The court will, on motion, set aside proceedings for irregularity. On
setting aside a judgment and execution for irregularity, they have power to
impose terms on the defendant, and will restrain him from bringing an action of
trespass, unless a strong case of damage appears. 1 Chit. R. 133, n.; and see
Baldw. R. 246. Vide 3 Chit. Pr. 509; and Regular and Irregular Process.
4. In the canon law, this term is used to signify any impediment which
prevents a man from taking holy orders.
IRRELEVANT EVIDENCE. That which does not support the issue, and which)
of course, must be excluded. See Relevant.
IRREPLEVISABLE, practice. This term is applied to those things which
cannot legally be replevied. For example, in Pennsylvania no goods seized in
execution or for taxes, can be replevied.
IRRESISTIBLE FORCE. This term is applied to such an interposition of
human agency, as is, from its nature and power, absolutely uncontrollable; as
the inroads of a hostile army. Story on Bailm. 25; Lois des Batim. pt. 2. c. 2,
1. It differs from inevitable accident; (q. v.) the latter being the effect of
physical causes, as, lightning, storms, and the like.
IREVOCABLE. That which cannot be revoked.
2. A will may at all times be revoked by the same person who made it, he
having a disposing mind; but the moment the testator is rendered incapable to
make a will he can no longer revoke a former will, because he wants a disposing
mind. Letters of attorney are generally revocable; but when made for a valuable
consideration they become irrevocable. 7 Ves. jr. 28; 1 Caines' Cas. in Er. 16;
Bac. Ab. Authority, E. Vide duthority; License; Revocation.
IRRIGATION. The act of wetting or moist ening the ground by artificial
2. The owner of land over which there is a current stream, is, as such, the
proprietor of the current. 4 Mason's R. 400. It seems the riparian proprietor
may avail himself of the river for irrigation, provided the river be not thereby
materially lessened, and the water absorbed be imperceptible or trifling. Ang.
W. C. 34; and vide 1 Root's R. 535; 8 Greenl. R. 266; 2 Conn. R. 584; 2 Swift's
Syst. 87; 7 Mass. R. 136; 13 Mass. R. 420; 1 Swift's Dig. 111; 5 Pick. R. 175; 9
Pick. 59; 6 Bing. R. 379; 5 Esp. R. 56; 2 Conn. R. 584; Ham. N. P. 199; 2 Chit.
Bl. Com. 403, n. 7; 22 Vin. Ab. 525; 1 Vin. Ab. 657; Bac. Ab. Action on the
case, F. The French law coincides with our own. 1 Lois des BŠtimens, sect. 1,
art. 3, page 21.
IRRITANCY. In Scotland, it is the happening of a condition or event by
which a charter, contract or other deed, to which a clause irritant is annexed,
becomes void. Ersk. Inst. B. 2, t. 5, n. 25. Irritancy is a kind of forfeiture.
It is legal or conventional. Burt. Man. P. R. 29 8.
ISLAND. A piece of land surrounded by water.
2. Islands are in the sea or in rivers. Those in the sea are either in the
open sea, or within the boundary of some country.
3. When new islands arise in the open sea, they belong to the first occupant:
but when they are newly formed so near the shore as to be within the boundary of
some state, they belong to that state.
4. Islands which arise in rivets when in the middle of the stream, belong in
equal parts to the riparian proprietors when they arise. mostly on one side,
they will belong to the riparian owners up to the middle of the stream. Bract.
lib. 2, c. 2; Fleta, lib. 3, c. 2, s. 6; 2 Bl. 261; 1 Swift's Dig. 111; Schult.
Aq. R. 117; Woolr. on Waters: 38; 4 Pick. R. 268; Dougl. R. 441; 10 Wend. 260;
14 S. & R. 1. For the law of Louisiana, see Civil Code, art. 505, 507.
5. The doctrine of the common law on this subject, founded on reason, seems
to have been borrowed from the civil law. Vide Inst. 2, 1, 22; Dig. 41, 1, 7;
Code, 7; 41, 1.
ISSINT. This is a Norman French word which signifies thus, so. It has
given the name to a part of a plea, because when pleas were in that language
this word was used. In actions founded on deeds, the defendant may, instead of
pleading non est factum in the common form, allege any special matter which
admits the execution of the writing in question, but which, nevertheless, shows
that it is not in law his deed; and may conclude with and so it is not his deed;
as that the writing was delivered to A B as an escrow, to be de-livered over on
certain conditions, which have not been complied with, "and so it is not his
act;" or that at, the time of making the writing, the defendant was a feme
covert,: and so it is not her act." Bac. Ab. Pleas, H 3, I 2; Gould on Pl. c. 6,
part 1, 64.
2. An example of this form of plea which is sometimes called the special
general issue, occurs in 4 Rawle, Rep. 83, 84.
ISSUABLE, practice. Leading or tending to an issue. An issuable plea
is one upon which the plaintiff can take issue and proceed to trial.
ISSUE, kindred. This term is of very extensive import, in its most
enlarged signification, and includes all persons who have descended from a
common ancestor. 17 Ves. 481; 19. Ves. 547; 3 Ves. 257; 1 Rop. Leg. 88 and see
Wilmot's Notes, 314, 321. But when this word is used in a will, in order to give
effect to the testator's intention it will be construed in a more restricted
sense than its legal import conveys. 7 Ves. 522; 19 Ves. 73; 1 Rop. Leg. 90.
Vide Bac. Ab. Curtesy of England, D; 8 Com. Dig. 473; and article Legatee, II.
ISSUE, pleading. An issue, in pleading, is defined to be a single,
certain and material point issuing out of the allegations of the parties, and
consisting, regularly, of an affirmative and negative. In common parlance, issue
also signifies the entry of the pleadings. 1 Chit. Pl. 630.
2. Issues are material when properly formed on some material point, which
will decide the question in dispute between the parties; and immaterial, when
formed on some immaterial fact, which though found by the verdict will not
determine the merits of the cause, and would leave the court at a loss how to
give judgment. 2 Saund. 319, n. 6.
3. Issues are also divided into issues in law and issues in fact. 1. An issue
in law admits all the facts and rests simply upon a question of, law. It is said
to consist of a single point, but by this it must be understood that such issue
involves, necessarily, only a single rule or principle of law, or that it brings
into question the legal sufficiency of a single fact only. It is meant that such
an issue reduces the whole controversy to the single question, whether the facts
confessed by the issue are sufficient in law to maintain the action or defence
of the party who alleged them. 2. An issue in fact, is one in which the parties
disagree as to their existence, one affirming they exist, and the other denying
it. By the common law, every issue in fact, subject to some exceptions, which
are noticed below, must consist of a direct affirmative allegation on the one
side, and of a direct negative on the other. Co. Litt. 126, a; Bac. Ab. Pleas,
&c. G 1; 5 Pet. 149; 2 Black. R. 1312; 8 T. R. 278. But it has been holden
that when the defendant pleaded that he was born in France, and the plaintiff
replied that he was born in England, it was sufficient to form a good issue. 1
Wils. 6; 2 Str. 1177. In this case, it will be observed, there were two
affirmatives, and the ground upon which the issue was holden to be good is that
the second affirmative is so contrary to the first, that the first cannot in any
degree be true. The exceptions above mentioned to the rule that a direct
affirmative and a direct negative are required, are the following: 1st. The
general issue upon a writ of right is formed by two affirmatives: the demandant,
on one side, avers that he has greater right than the tenant; and, on the other,
that the tenant has a greater right than the demandant. This issue is called the
mise. (q. v.) Lawes, Pl. 232; 3 Chit. Pl. 652: 3 Bl. Com. 195, 305. 2d. In an
action of dower, the court merely demands the third part of acres of land,
&c., as the dower of the demandant of the endowment of A B, heretofore the
hushad, &c., and the general issue is, that A B was not seised of such
estate, &c., and that he could not endow the demandant thereof, &c. 2
Saund. 329, 330. This mode of negation, instead of being direct, is merely
argumentative, and argumentativeness is not generally allowed in pleading.
4. Issues in fact are divided into general issues, special issues, and common
5. The general issue denies in direct terms the whole declaration; as in
personal actions, where the defendant pleads nil debet, that he owes the
plaintiff nothing; or non culpabilis, that he is not guilty of the facts alleged
in the declaration; or in real actions, where the defendant pleads nul tort, no
wrong done - or nul disseisin, no disseisin committed. These pleas, and the
like, are called general issues, because, by importing an absolute and general
denial of all the matters alleged in the declaration, they at once put them all
6. Formerly the general issue was seldom pleaded, except where the defendant
meant wholly to deny the charge alleged against him for when he meant to avoid
and justify the charge, it was usual for him to set forth the particular ground
of his defence as, a special plea, which appears to have been necessary' to
apprize the court and the plaintiff of the particular nature and circumstances
of the defendant's case, and was originally intended to keep the law and the
fact distinct. And even now it is an invariable rule, that every defence which
cannot be, specially pleaded, may be given in evidence at the trial upon the
general issue, so the defendant is in many cases obliged to plead the particular
circumstances of his defence specially, and cannot give them in evidence on that
general plea. But the science of special pleading having been frequently
perverted to the purposes of chicane and delay, the courts have in some
instances, and the legislature in others, permitted the general issue to be
pleaded, and special matter to be given in evidence under it at the trial, which
at once includes the facts, the equity, and the law of the case. 3 Bl. Com. 305,
6; 3 Green. Ev. 9.
7. The special issue is when the defendant takes issue upon anly one
substantial part of the declaration, and rests the weight of his case upon it;
he is then said to take a special issue, in contradistinction to tho general
issue, which denies and puts in issue the whole of the declaration. Com. Dig.
Pleader, R 1, 2.
8. Common issue is the name given to that which is formed on the single plea
of non est factum, when pleaded to an action of covenant broken. This is so
called, because to an action of covenant broken there can properly be no general
issue, since the plea of non est fadum, which denies the deed only, and not the
breach, does not put the whole declaration in issue. 1 Chit. Pl. 482; Lawes on
Pl. 113; Gould, Pl. c. 6, part 1, 7 and 10, 2.
9. Issues are formal and informal.
10. A formal issue is one which is formed according to the rules required by
law, in a proper and artificial manner.
11. An informal issue is one which arises when a material allegation is
traversed in an improper or artificial manner. Ab. Pleas, &c., G 2, N 5; 2
Saund. 319, a, n. 6. The defect is cured by verdict., by the statute of 32 H.
VIII. c. 30.
12. Issues are also divided into actual and feigned issues.
13. An actual issue is one formed in an action brought in the regular manner,
for the purpose of trying a question of right between the parties.
14. A feigned issue is one directed by a court, generally by a court
exercising equitable powers, for the purpose of trying before a jury a matter in
dispute between the parties. When in a court of equity any matter of fact is
strongly contested, the court usually directs the matter to be tried by a jury,
especially such important facts as the validity of a will, or whether A is the
heir at law of B.
15. But as no jury is summoned to attend this court, the fact is usually
directed to be tried in a court of law upon a feigned issue. For this purpose an
action is brought in which the plaintiff by a fiction dares that he laid a wager
for a sum of money with the defendant, for example, that a certain paper is the
last will and testament of A; then avers it is his will, and therefore demands
the money; the defendant admits the wager but avers that, it is not the will of
A, and thereupon that. issue is joined, which is directed out of chancery to be
tried; and thus the verdict of the jurors at law determines the fact in the
court of equity. 16. These feigned issues are frequently used in the courts of
law, by consent of the parties, to determine some disputed rights without the
formality of pleading, and by this practice much time and expense are saved in
the decision of a cause. 3 Bl. Com. 452. The consent of the court must also be
previously obtained; for the trial of a feigned issue without such consent is a
contempt, which will authorize the court to order the proceeding to be stayed,
and punish the parties engaged. 4 T. R. 402. See Fictitious action. See,
generally Bouv. Inst. Index, h. t.
ISSUE ROLL, Eng. law. The name of a record which contains an entry of
the term of which the demurrer book, issue or paper book is entitled, and the,
warrants of attorney supposed to have been given by the parties at the
commencement of the cause, and then proceeds with the transcript of the
declaration and subsequent pleadings, continuances, and award of the mode of the
decision as contained in the demurrer, issue or paper book. Steph. Pl. 98, 99.
After final judgment, the issue roll is no longer called by that name, but
assumes that of judgment roll. 2 Arch. Pr. 206.
ISSUES, Eng. law. The goods and profits of the lands of a defendant
against whom a writ of distringas or distress infinite has been issued, taken by
virtue of such writ, are called issues. 3 Bl. Com. 280; 1 Chit. Cr. Law,
ISTHMUS. A tongue or strip of land between two seas. Glos. on Law, 37,
book 2, tit. 3, of the Dig.
ITA EST. These words signify so it is. Among the civilians when a
notary dies, leaving his register, an officer who is authorized to make official
copies of his notarial acts, writes instead of the deceased notary's name, which
is required, when he is living, ita est,
ITA QUOD. The name or condition in a submission which is usually
introduced by these words "so as the award be made of and upon the premises,"
which from the first word is called the ita quod.
2. When the submission is with an ita guod, the arbitrator must make an award
of all matters. submitted to him of which he had notice, or the award will be
entirely void. 7 East, 81; Cro. Jac. 200; 2 Vern. 109; 1 Ca. Chan. 86; Roll. Ab.
Arbitr. L. 9.
ITEM. Also; likewise; in like manner.; again; a second time. These are
the various meanings of this Latin adverb. Vide Construction.
2. In law it is to be construed conjunctively, in the sense. of and, or also,
in such a manner as to connect sentences. If therefore a testator bequeath a
legacy to Peter payable out of a particular fund, or charged upon a particular
estate, item a legacy to James, James' legacy as well as Peter's will be a
charge upon the same property. 1 Atk. 436; 3 Atk. 256 1 Bro. C. C. 482; 1
Rolle's Ab. 844; 1 Mod. 100; Cro. Car. 368; Vaugh. 262; 2 Rop. on Leg. 849; 1
Salk. 234. Vide Disjunctive.
ITER. A foot way. Vide Way.
ITINERANT. Travelling or taking a journey. In England there were
formerly judges called Justices itinerant, who were sent with commissions into
certain counties to try causes.