Part 28

The above rules apply to all freehold land whether the estate therein of the intestate is legal or equitable. Before 1884, if a sole trustee had the legal estate in realty, and his _cestui que trust_ died intestate and without heirs, the land escheated to the trustee. This distinction was abolished by the Intestate Estates Act 1884.

The descent of an estate in tail would be ascertained by such of the foregoing rules as are not inapplicable to it. By the form of the entail the estate descends to the "issue" of the person to whom the estate was given in tail--in other words, the last purchaser. The preceding rules after the fourth, being intended for the ascertainment of heirs other than those by lineal descent, would therefore not apply; and a special limitation in the entail, such as to heirs male or female only, would render unnecessary some of the others. When the entail has been barred, the estate descends according to these rules. In copyhold estates descent, like other incidents thereof, is regulated by the custom of each particular manor; e.g. the youngest son may exclude the elder sons. How far the Inheritance Act applies to such estates has been seriously disputed. It has been held in one case (_Muggleton_ v. _Barnett_) that the Inheritance Act, which orders descent to be traced from the last purchaser, does not override a manorial custom to trace descent from the person last seized, but this position has been controverted on the ground that the act itself includes the case of customary holdings.

Husband and wife do not stand in the rank of heir to each other. Their interests in each other's real property are secured by courtesy and dower.

The personal property of a person dying intestate devolves according to an entirely different set of rules (see INTESTACY).

In Scotland the rules of descent differ from the above in several

## particulars. Descent is traced, as in England before the Inheritance

Act, to the person last seized. The first to succeed are the lineal descendants of the deceased, and the rules of primogeniture, preference of males to females, equal succession of females (heirs-portioners), and representation of ancestors are generally the same as in English law. Next to the lineal descendants, and failing them, come the brothers and sisters, and their issue as collaterals. Failing collaterals, the inheritance ascends to the father and his relations, to the entire exclusion of the mother and her relations. Even when the estate has descended from mother to son, it can never revert to the maternal line. As to succession of brothers, a distinction must be taken between an estate of heritage and an estate of conquest. Conquest is where the deceased has acquired the land otherwise than as heir, and corresponds to the English term purchase in the technical sense explained. Heritage is land acquired by deceased as heir. The distinction is important only in the case when the heir of the deceased is to be sought among his brothers; when the descent is lineal, conquest and heritage go to the same person. And when the brothers are younger than the deceased, both conquest and heritage go to the brother (or his issue) next in order of age. But when the deceased leaves an elder and a younger brother (or their issues), the elder brother takes the conquest, the younger takes the heritage. Again, when there are several elder brothers, the one next in age to the deceased takes the conquest before the more remote, and when there are several younger brothers, the one next to the deceased takes the heritage before the more remote. When heritage of the deceased goes to an elder brother (as might happen in certain eventualities), the younger of the elder brothers is preferred. The position of the father, after the brothers and sisters of the deceased, will be noticed as an important point of difference from the English axioms; so also is the total exclusion of the mother and the maternal line. As between brothers and sisters the half-blood only succeeds after the full blood. Half-blood is either consanguinean, as between children by the same father, or uterine, as between children having the same mother. The half-blood uterine is excluded altogether. Half-blood consanguinean succeeds thus: if the issue is by a former marriage, the youngest brother (being nearest to the deceased of the consanguinean) succeeds first; if by a later marriage than that from which the deceased has sprung, the eldest succeeds first.

_United States._--American law has borrowed its rules of descent considerably more from the civil law than the common law. "The 118 novel of Justinian has a striking resemblance to American law in giving the succession of estates to all legitimate children without distinction and disregarding all considerations of primogeniture. There is one

## particular in which the American law differs from that of Justinian,

that while generally in this country lineal descendants if they stand in an equal degree from the common ancestor share equally _per capita_, under the Roman law regard was had to the right of representation, each lineal branch of descendants taking only the portion which their parent would have taken had he been living, the division being _per stirpes_ and not _per capita_. But in some of the states the rule of the Roman law in this respect has been adopted and retained. Among these are Rhode Island, New Jersey, North and South Carolina, Alabama and Louisiana" (3 Washburn's _Real Property_, pp. 408, 409; 4 Kent's _Comm._ p. 375). When such lineal descendants stand in unequal degrees of consanguinity the inheritance is _per stirpes_ and not _per capita_ (_In re Prote_, 1907; 104, N.Y. Supplement 581). This is the rule in practically all the states. But as in no two states or territories are the rules of descent identical, the only safe guides are the statutes and decisions of the

## particular state in which the land to be inherited is situated. The law

of primogeniture as understood in England is generally abolished throughout the United States, and male and female relatives inherit equally. In some states, as in Massachusetts, relatives of the half-blood inherit equally with chose of the whole-blood of the same degree; in others, like Maryland, they can inherit only in case none of whole-blood exist. In some of the states the English rule that natural children have no inheritable blood has been greatly modified. In Louisiana, if duly acknowledged, they may inherit from both father and mother in the absence of lawful issue. Degrees of kindred in the United States generally are computed according to the civil law, i.e. by adding together the number of degrees between each of the two persons whose relationship is to be ascertained and the common ancestor. Thus, relationship between two brothers is in the second degree; between uncle and nephew in the third degree; between cousins, in the fourth, &c.

In a few states such degrees are computed according to the common law, i.e. by counting from the common ancestor to the most remote descendant of the two from him--thus, brothers would be related in the first degree, uncle and nephew in the second, &c. In most states representation amongst collaterals is restricted--in some to the descendants of brothers and sisters, in others to their children only.

In some states, e.g. in California, Louisiana and Texas, the law of "community property" of husband and wife prevails. This is derived from the French and Spanish law existing in the territories out of which those states were formed, as the result of the conquest of Mexico by Spain and the colonizing of Louisiana by France. The foundation idea is an equal division at death of either party of all property acquired during their marriage except by gift, devise or descent. In general the husband has the control and management thereof during the marriage, and either survivor has the administration of the moiety of the one deceased. There is a conflict in the laws in such states as to the exact definition and as to whether or not the gains or profits of such property are to be deemed separate property or community property [Succession of Dielman (Louisiana, 1907), 43 Southern Rep. 972].

INHIBITION (from Lat. _inhibere_, to restrain, prevent), an act of restraint or prohibition, an English legal term, particularly used in ecclesiastical law, for a writ from a superior to an inferior court, suspending proceedings in a case under appeal, also for the suspension of a jurisdiction of a bishop's court on the visitation of an archbishop, and for that of an archdeacon on the visitation of a bishop. It is more particularly applied to a form of ecclesiastical _censure_, suspending an offending clergyman from the performance of any service of the Church, or other spiritual duty, for the purpose of enforcing obedience to a monition or order of the bishop or judge. Such inhibitions are at the discretion of the ordinary if he considers that scandal might arise from the performance of spiritual duties by the offender (Church Discipline Act 1860, re-enacted by the Clergy Discipline Act 1892, sect. 10). By the Sequestration Act 1871, sect. 5, similar powers of inhibition are given where a sequestration remains in force for more than six months, and also, by the Benefices Act 1898, in cases where a commission reports that the ecclesiastical duties of a benefice are inadequately performed through the negligence of the incumbent.

INISFAIL, a poetical name for Ireland. It is derived from _Faul_ or _Lia-fail_, the celebrated stone, identified in Irish legend with the stone on which the patriarch Jacob slept when he dreamed of the heavenly ladder. The Lia-fail was supposed to have been brought to Ireland by the Dedannans and set up at Tara as the "inauguration stone" of the Irish kings; it was subsequently removed to Scone where it became the coronation stone of the Scottish kings, until it was taken by James VI. of Scotland to Westminster and placed under the coronation chair in the Abbey, where it has since remained. Inisfail was thus the island of the Fail, the island whose monarchs were crowned at Tara on the sacred inauguration stone.

INITIALS (Lat. _initialis_, of or belonging to a beginning, _initium_), the first letters of names. In legal and formal documents it is usually the practice in appending a signature to write the name in full. But this is by no means necessary, even in cases where a signature is expressly required by statute. It has been held that it is sufficient if a person affixes to a document the usual form in which he signs his name, with the intent that it shall be treated as his signature. So, signature by initials is a good signature within the Statute of Frauds (_Phillimore_ v. _Barry_, 1818, I Camp. 513), and also under the Wills

## Act 1837 (_In re Blewitt_, 1880, 5 P.D. 116).

INITIATION (Lat. _initium_, beginning, entrance, from _inire_, to go in), the process of formally entering, and especially the rite of admission into, some office, or religious or secret society, &c. Among nearly all primitive races initiatory rites of a bloody character were and are common. The savage pays homage to strength, and the purpose of his initiatory rites is to test physical vigour, self-control and the power of enduring pain. Initiation is sometimes religious, sometimes social, but in primitive society it has always the same character. Thus, in Whydah (West Africa) the young girls consecrated to the worship of the serpent, "the brides of the Serpent," had figures of flowers and animals burnt into their skins with hot irons; while in the neighbouring Yorubaland the power of enduring a sound thrashing is the qualification for the throne. In no country was the practice of initiatory rites more general than in the Americas. The Colombian Indians compelled their would-be chief to submit to terrible tests. He had first to bear severe beatings without a murmur. Then, placed in a hammock with his hands tied, venomous ants were placed on his naked body. Finally a fire was lit beneath him. All this he had to bear without flinching. In ancient Mexico there were several orders of chivalry, entry into which was only permitted after brutal initiation. The nose of the candidate was pierced with an eagle's talon or a pointed bone, and he was expected to dig knives into his body. In Peru the young Inca princes had to fast and live for weeks without sleep. Among the North American Indians initiatory rites were universal. The Mandans held a feast at which the young "braves" supported the weight of their bodies on pieces of wood skewered through the muscles of shoulders, breasts and arms. With the Sioux, to become a medicine-man, it was necessary to submit to the ordeal known as "looking at the sun." The sufferer, nearly naked, was bound on the earth by cords passed through holes made in the pectoral muscles. With bow and arrow in hand, he lay in this position all day gazing at the sun. Around him his friends gathered to applaud his courage.

Religious brotherhoods of antiquity, too, were to be entered only after long and complicated initiation. But here the character of the ordeal is rather moral than physical. Such were the rites of admission to the Mysteries of Isis and Eleusis. Secret societies of all ages have been characterized by more or less elaborate initiation. That of the Femgerichte, the famous medieval German secret tribunal, took place at night in a cave, the neophyte kneeling and making oath of blind obedience. Imitations of such tests are perpetuated to-day in freemasonry; while the Mafia, the Camorra, the Clan-na-Gael, the Molly Maguires, the Ku-Klux Klan, are among more recent secret associations which have maintained the old idea of initiation.

INJECTOR (from Lat. _injicere_, to throw in), an appliance for supplying steam-boilers with water, and especially used with locomotive boilers. It was invented by the French engineer H. V. Giffard in 1858, and presents the paradox that by the pressure of the steam in the boiler, or even, as in the case of the exhaust steam injector, by steam at a much lower pressure, water is forced into the boiler against that pressure. A diagrammatic section illustrating its construction is shown in figure. Steam enters at A and blows through the annular orifice C, the size of which can be regulated by a valve not shown in the figure. The feed water flows in at B and meeting the steam at C causes it to condense. Hence a vacuum is produced at C, and consequently the water rushes in with great velocity and streams down the combining cone D, its velocity being augmented by the impact of steam on the back of the column. In the lower part of the nozzle E the stream expands; it therefore loses velocity and, by a well-known hydrodynamic principle, gains pressure, until at the bottom the pressure is so great that it is able to enter the boiler through a check valve which opens only in the direction of the stream. An overflow pipe F, by providing a channel through which steam and water may escape before the stream has acquired sufficient energy to force its way into the boiler, allows the injector to start into action. Means are also provided for regulating the amount of water admitted between D and C. In the _exhaust-steam_ injector, which works with steam from the exhaust of non-condensing engines, the steam orifice is larger in proportion to other parts than in injectors working with boiler steam, and the steam supply more liberal. In _self-starting_ injectors an arrangement is provided which permits free overflow until the injector starts into action, when the openings are automatically adjusted to suit delivery into the boiler.

[Illustration]

INJUNCTION (from Lat. _injungere_, to fasten, or attach to, to lay a burden or charge on, to enjoin), a term-meaning generally a command, and in English law the name for a judicial process whereby a party is required to refrain from doing a particular thing according to the exigency of the writ. Formerly it was a remedy peculiar to the court of chancery, and was one of the instruments by which the jurisdiction of that court was established in cases over which the courts of common law were entitled to exercise control. The court of chancery did not presume to interfere with the action of the courts, but, by directing an injunction to the person whom it wished to restrain from following a

## particular remedy at common law, it effected the same purpose

indirectly. Under the present constitution of the judicature, the injunction is now equally available in all the divisions of the high court of justice, and it can no longer be used to prevent an action in any of them from proceeding in the ordinary course.

Although an injunction is properly a restraining order, there are instances in which, under the form of a prohibition, a positive order to do something is virtually expressed. Thus in a case of nuisance an injunction was obtained to restrain the defendant from preventing water from flowing in such regular quantities as it had ordinarily done before the day on which the nuisance commenced. But generally, if the relief prayed for is to compel something to be done, it cannot be obtained by injunction, although it may be expressed in the form of a prohibition--as in the case in which it was sought to prevent a person from discontinuing to keep a house as an inn. The injunction was used to stay proceedings in other courts "wherever a party by fraud, accident, mistake or otherwise had obtained an advantage in proceeding in a court of ordinary jurisdiction, which must necessarily make that court an instrument of injustice." As the injunction operates personally on the defendant, it may be used to prevent applications to foreign judicatures; but it is not used to prevent applications to parliament, or to the legislature of any foreign country, unless such applications be in breach of some agreement, and relate to matters of private interest. In so far as an injunction is used to prohibit acts, it may be founded either on an alleged contract or on a right independent of contract. The jurisdiction of the court to prevent breaches of contract has been described as supplemental to its power of compelling specific performance; i.e. if the court has power to compel a person to perform a contract, it will interfere to prevent him from doing anything in violation of it. But even when it is not within the power of the court to compel specific performance, it may interfere by injunction; thus, e.g. in the case of an agreement of a singer to perform at the plaintiff's theatre and at no other, the court, although it could not compel her to sing, could by injunction prevent her from singing elsewhere in breach of her agreement.

An injunction may as a general rule be obtained to prevent acts which are violations of legal rights, except when the same may be adequately remedied by an action for damages at law. Thus the court will interfere by injunction to prevent waste, or the destruction by a limited owner, such as a tenant for life, of things forming part of the inheritance. Injunctions may also be obtained to prevent the continuance of nuisances, public or private, the infringement of patents, copyrights and trade marks. Trespass might also in certain cases be prevented by injunction. Under the Common Law Procedure Act of 1854, and by other statutes in special cases, a limited power of injunction was conferred on the courts of common law. But the Judicature Act, by which all the superior courts of common law and chancery were consolidated, enacts that an injunction may be granted by an interlocutory order of the court in all cases in which it shall appear to be just or convenient; ... and, if an injunction is asked either before or at or after the hearing of any cause or matter, to prevent any threatened or apprehended waste or trespass, such injunction may be granted whether the person against whom it is sought is or is not in possession under any claim of title or otherwise, or if not in possession does or does not claim to do the act sought to be restrained under colour of any title, and whether the estates claimed are legal or equitable.

An injunction obtained on interlocutory application during the progress of an action is superseded by the trial. It may be continued either provisionally or permanently. In the latter case the injunction is said to be perpetual. The distinction between "special" and "common" injunctions--the latter being obtained as of course--is now abolished in English law.

In the courts of the United States the writ of injunction remains purely an equitable remedy. It may be issued at the instance of the president to prevent any organized obstruction to inter-state commerce or to the passage of the mails (_in re_ Debs, 158 United States Reports, 564). Temporary restraining orders may be issued, _ex parte_, pending an application for a temporary injunction. In the state courts temporary injunctions are often issued, _ex parte_, subject to the defendant's right to move immediately for their dissolution. Generally, however, notice of an application for a temporary injunction is required.

For the analogous practice in Scots law see INTERDICT.

INK (from Late Lat. _encaustum_, Gr. [Greek: enkauston], the purple ink used by Greek and Roman emperors, from [Greek: enkaiein], to burn in), in its widest signification, a substance employed for producing graphic tracings, inscriptions, or impressions on paper or similar materials. The term includes two distinct conditions of pigment or colouring matter: the one fluid, and prepared for use with a pen or brush, as writing ink; the other a glutinous adhesive mass, printing ink, used for transferring to paper impressions from types, engraved plates and similar surfaces.

The ancient Egyptians prepared and used inks (Flinders Petrie discovered a papyrus bearing written characters as old as 2500 B.C.), and in China the invention of an ink is assigned to Tien-Tcheu, who lived between 2697 B.C. and 2597 B.C. These early inks were prepared from charcoal or soot mixed with gum, glue or varnish. Sepia (q.v.), the black pigment secreted by the cuttle-fish, was used as a writing fluid by the Romans. The iron-gall ink, i.e. an ink prepared from an iron salt and tannin, appears to have been first described by the monk Theophilus, who lived in the 11th century A.D., although Pliny, in the 1st century A.D., was acquainted with the blackening of paper containing green vitriol by immersion in an infusion of nut-galls. Iron-gall inks, prepared by mixing extracts of galls, barks, &c., with green vitriol, subsequently came into common use, and in the 16th century recipes for their preparation were given in domestic encyclopaedias. Their scientific investigation was first made by William Lewis in 1748. The earlier iron-inks were essentially a suspension of the pigment in water. In the early part of the 19th century the firm of Stephens introduced the first of the so-called blue-black inks under the name of "Stephens' writing fluid." Solutions of green vitriol and tannin, coloured by indigo and logwood, were prepared, which wrote with a blue tint and blackened on exposure, this change being due to the production of the pigment within the pores of the paper. The "alizarine" inks, patented by Leonhardi in 1856, are similar inks with the addition of a little madder. The application of aniline colours to ink manufacture in England dates from Croc's patent of 1861.

_Writing Inks._--Writing inks are fluid substances which contain colouring matter either in solution or in suspension, and commonly

## partly in both conditions. They may be prepared in all shades of colour,