INHABITANT. One who has his domicil in a place is an inhabitant of
that place; one who has an actual fixed residence in a place.
2. A mere intention to remove to a place will not make a man an inhabitant of
such place, although as a sign of such intention he may have sent his wife and
children to reside there. 1 Ashm. R. 126. Nor will his intention to quit his
residence, unless consummated, deprive him of his right as an inhabitant. 1
Dall. 480. Vide 10 Ves. 339; 14 Vin. Ab. 420; 1 Phil. Ev. Index, h. t.; Const.
of Mass., part 2, c. 1, s. 2, a. 1; Kyd on Corp. 321; Anal. des Pand. de Poth.
mot Habitans; Poth. Pand. lib. 50, t. 1, s. 2; 6 Adolph. & Ell. 153; 33 Eng.
Common Law Rep. 31.
3. The inhabitants of the United States may be classed into, 1. Those born
within the country; and, 2. Those born out of it.
4. - 1. The natives consist, 1st. Of white persons, and these are all
citizens of the United States, unless they have lost that right. 2d. Of the
aborigines, and these are not in general, citizens of the United States nor do
they possess any political power. 3d. Of negroes, or descendants of the African
race, and these generally possess no political authority whatever, not being
able to vote, nor to hold any office. 4th. Of the children of foreign
ambassadors, who are citizens or subjects as their fathers are or were at the
time of their birth.
5. - 2. Persons born out of the jurisdiction of the United States, are, 1st.
children of citizens of the United States, or of persons who have been such;
they are citizens of the United States, provided the father of such children
shall have resided within the same. Act of Congress of April 14, 1802, 4. 2d.
Persons who were in the country at the time of the adoption of the constitution;
these have all the rights of citizens. 3d. Persons who have become naturalized
under the laws of any state before the passage of any law on the subject of
naturalization by Congress, or who have become naturalized under the acts of
congress, are citizens of the United States, and entitled to vote for all
officers who are elected by citizens, and to hold any office except those of
president and vice-president of the United States. 4th. Children of naturalized
citizens, who were under the age of twenty-one years, at the time of their
parent's being so naturalized or admitted to the rights of citizen-ship, are, if
then dwelling in the United States, considered as citizens of the United States,
and entitled to the same rights as their respective fathers. 5th. Persons who
resided in a territory which was annexed to the United States by treaty, and the
territory became a state; as, for example, a person who, born in France, moved
to Louisiana in 1806, and settled there, and remained in the territory until it
was admitted as a state, it was held, that although not naturalized under the
acts of congress, he was a citizen of the United States. Deshois' Case, 2 Mart.
Lo. R. 185. 6th. Aliens or foreigners, who have never been naturalized, and
these are not citizens of the United States, nor entitled to any political
rights whatever. See Alien; Body politic; Citizen; Domicil; Naturalization.
INHERENT POWER. An authority possessed without its being derived from
another. It is a right, ability or faculty of doing a thing, without receiving
that right, ability or faculty from another.
INHERITANCE, estates. A perpetuity in lands to a man and his heirs; or
it is the right to succeed to the estate of a person who died intestate. Dig.
50, 16, 24. The term is applied to lands.
2. The property which is inherited is called an inheritance.
3. The term inheritance includes not only lands and tenements which have been
acquired by descent, but also every fee simple or fee tail, which a person has
acquired by purchase, may be said to be an inheritance, because the purchaser's
heirs may inherit it. Litt. s. 9.
4. Estates of inheritance are divided into inheritance absolute, or fee
simple; and inheritance limited, one species of which is called fee tail. They
are also divided into corporeal, as houses and lands and incorporeal, commonly
called incorporeal hereditaments. (q. v.) 1 Cruise, Dig. 68; Sw. 163; Poth. des
Retraits, n. 2 8.
5. Among the civilians, by inheritance is understood the succession to all
the rights of the deceased. It is of two kinds, 1 . That which arises by
testament, when the testator gives his succession to a particular person; and,
2. That which arises by operation of law, which is called succession ab
intestat. Hein. Lec. El. 484, 485.
INHIBITION, Scotch law,. A personal prohibition which passes by
letters under the signet, prohibiting the party inhibited to contract any debt,
or do . any deed, by which any part of the lands may be aliened or carried off,
in prejudice of the creditor inhibiting. Ersk. Pr. L. Scot. B. 2, t. 11, s. 2.
2. In the civil law, the probibition which the law makes, or a judge ordains
to an individual, is called inhibition.
INHIBITION, Eng. law. The name of a writ which forbids a judge from
further proceeding in a cause depending before him; it is in the nature of a
prohibition. T. de la Ley; F. N. B. 39.
INIQUITY. Vice; contrary to equity; injustice.
2. Where, in a doubtful matter, the judge is required to pronounce, it is his
duty to decide in such a manner as is the least against equity.
INITIAL. Placed at the beginning. The initials of a man's name are the
first letters of his Dame; as, G. W. for George Washington. When in a will the
legatee is described by the initials of his name only, parol evidence may be
given to prove his identity. 3 Ves. 148. And a signature made simply with
initials is binding. 1 Denio, R. 471. But see Ersk. Inst. B. 3, t. 2, n. 8.
INITIALIA TESTIMONII, Scotch law. Before a witness can be examined in
chief, he may be examined with regard to his disposition, whether he bear good
or ill will towards either of the parties whether he has been prompted what to
say whether he has received a bribe, and the like. This previous examination,
which somewhat resembles our voir dire, is called initialia testimonii.
INITIATE. A right which is incomplete. By the birth of a child, the
hushand becomes tenant by the curtesy initiate, but his estate is not consummate
until the death of the wife. 2 Bouv. Inst. n. 1725.
INITIATIVE, French law. The name given to the important prerogative
given by the charte constitutionelle, art. 16, to the late king to propose
through his ministers projects of laws. 1 Toull. n. 39. See Veto.
INJUNCTION, remedies, chancery, practice. An injunction is a
prohibitory writ, specially prayed for by a bill, in which the plaintiff's title
is set forth, restraining a person from committing or doing an act (other than
criminal acts) which appear to be against equity and conscience. Mitf. Pl. 124;
1 Madd. Ch. Pr. 126.
2. Injunctions are of two kinds, the one called the writ remedial, and the
other the judicial writ.
3. - 1st. The former kind of injunction, or remedial writ, is in the nature
of a prohibition, directed to, and controlling, not the inferior court, but the
party. It is granted, when a party is doing or is about to do an act against
equity or good conscience, or litigious or vexatious; in these cases, the court
will not leave the party to feel the mischief or inconvenience of the wrong, and
look to the courts of common law for redress, but will interpose its authority
to restrain such unjustifiable proceedings.
4. Remedial injunctions are of two kinds common or special. 1. It is common
when it prays to stay proceedings at law, and will be granted, of course; as,
upon an attachment for want of an appearance, or of an answer; or upon a dedimus
obtained by the defendant to take his answer in the country; or upon his praying
for time to answer, &c. Newl. Pr. 92; 13 Ves, 323. 2. A special injunction
is obtained only on motion or petition, with notice to the other party, and is
applied for, sometimes on affidavit before answer, but more frequently upon the
merits disclosed in the defendant's answer. Injunctions before answer are
granted in cases of waste and other injuries of so urgent a nature, that
mischief would ensue if the plaintiff were to wait until the answer were put in;
but the court will not grant an injunction during the pen-dency of a plea or
demurrer to the bill, for until that be argued, it does not appear whether or
not the court has jurisdiction of the cause. The injunction granted in this
stage of the suit, is to continue till answer or further order; the injunction
obtained upon the merits confessed in the answer, continues generally till the
hearing of the cause.
5. An injunction is generally granted for the purpose of preventing a wrong,
or preserving property in dispute pending a suit. Its effect, in general, is
only in personam, that is, to attach and punish the party if disobedient in
violating the injunction. Ed. Inj. 363; Harr. Ch. Pr. 552.
6. The principal injuries which may be prevented by injunction, relate to the
person, to personal property, or to real property. These will be separately
7. - 1. With respect to the person, the chancellor may prevent a breach of
the peace, by requiring sureties of the peace. A court of chancery has also
summary and extensive jurisdiction for the protection of the relative rights of
persons, as between hushand and wife, parent and child, and guardian and ward;
and in these cases, on a proper state of facts, an injunction will be granted.
For example, an injunction may be obtained by a parent to prevent the marriage
of his infant son. 1 Madd. Ch. Pr. 348; Ed. Inj. 297; 14 Ves. 206; 19 Ves. 282;
1 Chitt. Pr. 702.
8. - 2. Injunctions respecting personal property, are usually granted, 1st.
To restrain a partner or agent from making or negotiating bills, notes or
contracts, or doing other acts injurious to the partner or principal. 3 Ves. jr.
74; 3 Bro. C. C. 15; 2 Campb. 619; 1 Price, R. 503; 1 Mont. on Part. 93; 1 Madd.
Ch. Pr. 160; Chit. Bills, 58, 61; 1 Hov. Supp. to Ves. jr. *335; Woodd. Lect.
9. - 2d. To restrain the negotiation of bills or notes obtained by fraud, or
without consideration. 8 Price, R. 631; Chit. Bills, 31 to 41; Ed. Inj. 210;
Blake's Ch. Pr. 838; 2 Anst. 519; 3 Anst. 851; 2 Ves. jr. 493; 1 Fonb. Eq. 43; 1
Madd. Ch. Pr. 154. 3d. To deliver up void or satisfied deeds. 1 V. & B. 244;
11 Ves. 535; 17 Ves. 111. 4th. To enter into and deliver a proper security. 1
Anst, 49. 5th. To prevent breaches of covenant or contract, and enjoin the
performance of others. Ed. Inj. 308. 6th. To prevent a breach of confidence or
good faith, or to prevent other loss as, for example, to restrain the disclosure
of secrets, which came to the defendant's knowledge in the course of any
confidential employment. 1 Sim. R. 483 and see 1 Jac. & W. 394. An
injunction will be granted to prevent the publication of private letters without
the authors consent. Curt. on Copyr. 90; 2 Atk. 342; Ambl. 137; 2 Swanst. 402,
427; 1 Ball & Beat. 207; 2 Ves. & B. 19; 1 Mart. Lo. R. 297; Bac. Ab.
Injunction A. But the publication will be allowed when necessary to the defence
of the character of the party who received them. 2 Ves. & B. 19. 7th. To
prevent improper sales, payments, or conveyances. Chit. Eq. Dig. tit. Practice,
xlvii. 8th. To prevent loss or inconvenience; this can be obtained on filing a
bill quia timet. (q. v.) 1 Madd. Ch. Pr. 218 to 225. 9th. To prevent waste of
property by an executor or administrator. Ed. Inj. 300; 1 Madd. Ch. Pr.; 160,
224. 10th. To restrain the infringement of patents; Ed. Inj. ch. 12; 14 Ves.
130; 1 Madd. Ch. Pr. 137; or of copyrights; Ed. Inj. c. 13; 8 Ares. 225; 17 Ves.
424. 11th. To stay proceedings in a court of law. These proceedings will be
stayed when justice cannot be done in consequence of accident; 1 John. Cas. 417:
4 John. Ch. R. 287,194; Latch, 24, 146, 148; 1 Vern. 180, 247; 1 Ch. C. 77, 120;
1 Eq. Cas. Ab. 92; or mistake; 1 John. Ch. R. 119, 607; 2 John. Ch. R. 585; 4
John. Ch. R. 85; Id. 144; 2 Munf. 187; 1 Day's Cas. Err. 139; 3 Ch. R. 55;
Finch., 413; 2 Freem. 16; Fitzg. 18; or fraud. 1 John. Ch. R. 402; 2 John. Ch.
R. 512; 4 John. Ch. R. 65. But no injunction will be granted to stay proceedings
in a criminal case. 2 John. Ch. R. 387; 6 Mod. 12; 2 Ves. 396.
9. - 3. Injunctions respecting real property, may be obtained, 1st. To
prevent wasteful trespasses or irreparable damages, although the owner may be
entitled to retake possession, if he can do so, without a breach of the peace. 1
Chit. Pr. 722. 2d. To compel the performance of lawful works in the least,
injurious manner. 1 Turn. & Myl. 181. 3d. To prevent waste. 3 Tho. Co. Litt.
241, M; 1 Madd. Ch. Pr. 138; Ed. Inj. ch. 8, 9, and 10; 1 John. Ch. R. 11; 2
Atk. 183. 4th. To prevent the creation of a nuisance, either private or public.
1. Private nuisance; for example, to restrain the owner of a house from making
any erections or improvements, so as materially to darken or obstruct the
ancient lights and windows of an adjoining house. 2 Russ. R. 121. 2. Public
nuisances. Though usual to prosecute the parties who create nuisances, by
indictment, yet, in some cases, an injunction may be had to prevent the creating
of such nuisance. 5 Ves. 129; 1 Mad. Ch. 156; Ed. Inj. ch. 11. 10. - 2d An
injunction of the second kind, called the judicial writ, issues subsequently to
a decree. It is a direction to yield up, to quit, or to continue possession of
lands, and is properly described as being in the nature of an execution. Ed.
Inj. 2. 11. Injunctions are also divided into temporary and perpetual. 1. A
temporary injunction is one which is granted until some stage of the suit shall
be reached; as, until the defendant shall file his answer; until the bearing;
and the like. 2. A perpetual injunction is one which is issued when, in the
opinion of the court, at the hearing the plaintiff has established a case, which
entitles him to an injunction; or when a bill, praying for an injunction, is
taken pro confesso; in such cases a perpetual injunction will be decreed. Ed.
12. The interdict (q. v.) of the Roman law resembles, in many respects, our
injunction. It was used in three distinct, but cognate senses. 1. It was applied
to signify the edicts made by the proctor, declaratory of his intention to give
a remedy in certain cases, chiefly to preserve or to restore possession; this
interdict was called edictal; edictale, quod praetoriis edictis proponitur, ut
sciant omnes ea forma posse implorari. 2. It was used to signify his order or
decree, applying the remedy in the given case before him, and then was called
decretal; decretale, quod praetor re nata implorantibus decrevit. It is this
which bears a strong resemblance to the injunction of a court of equity. 3. It
was used, in the last place, to signify the very remedy sought in the suit
commenced under the proctor's edict; and thus it became the denomination of the
action itself. Livingston on the Batture case, 5, Am. Law Jour. 271; 2 Story,
Eq. Jur. 865; Analyse des Pandectes de Pothier, h.t.; Dict. du Dig. h.t.; Clef
des Lois Rom. h. t.; Heineccii, Elem. Pand. Ps. 6, 285, 28 Vide, generally, Eden
on Injunctions; 1 Madd. Ch. Pr. 125 to 165; Blake's Ch. Pr. 330 to 344; 1 Chit.
Pr. 701 to 731; Coop. Eq. Pl. Index, h. t.; Redesd. Pl. Index, h. t.; Smith's
Ch. Pr. h. t.; 14 Vin. Ab. 442; 2 Hov. Supp. to Ves. jr. 173, 434, 442; Com.
Dig. Chancery, D 8; Newl. Pr. o. 4, s. 7; Bouv. Inst. Index, h. t.
INJURIA ABSQUE DAMNO. Injury without damage. Injury without damage or
loss will not bear an action. The following, cases illustrate this principle. 6
Mod. Rep. 46, 47, 49; 1 Shower, 64; Willes, Rep. 74, note; 1 Lord Ray. 940, 948;
2 Bos. & Pull. 86; 9 Rep. 113; 5 Rep. B. N. P. 120. 72
INJURIOUS WORDS. This phrase is used, in Louisiana, to signify
slander, or libelous words. Code, art. 3501.