Page:The New International Encyclopædia 1st ed. v. 10.djvu/728

INOUYE. 642 INQUEST. prevent his clansmen from fighting the allied squadrons at Shimonosfki (q.v.) in 1864. Hi- prugrt'ssive spirit uiul loyally to ilie Emperor driw Ujjon him the wralli of reucLiouary assas- sins, who wounded him with their swords and left him for dead on the snow. He reeovered, however, and subsequently was made vice-minis- ter of the Treasury in Tokio, in which position he was inlluiMitial in havinj; the chief thoroufihfare of the city rebuilt in brick after the prcat lire of IHT'J. lie was a member of the Council of State, Minister of Public Works, and for seven years .lini>tcr of Korci<ni .Mlairs. His State pa|)crs have had •.■real weight and influence. In 1885 he was made count, and in 18!i2 .Minister of the Interior, .-ftcr the war with t'liina he was sent to Korea to inauj^rate reforms, but his splendid programme was marred during his tem- porary absence by the riotous invasion of the pal- ace by Japanese rullians. in which the Korean t^uecn Min was assassinated. INOWRAZLAW, e'nA vriits'lif. A towTi in the l'ni--ian Province of Posen, situated 21 miles southwest of Thorn (Map: Prussia, 11 2). It has a nuMiber of foundries, machine-shops, sugar- mills, and Hour-mills. In the vicinity are situated extensive Government salt-works. Population, in 1890, l(i..->n:!: in lilOO. 2(1,141. IN PAR'TIBUS IN FIDErLItTM. See Trrc- lAB Ul.sllol'S. IN PERSO'NAM (Lat.. against a person). In the cla.-.siii(.-iili(jM of U'gal rights, a right in per- sonam is one available against a particular per- son as distinguished from one maintainable against the whole world, known as a right in rem (q.v.). Rights iii personam arise out of specific engagements entered into by individuals or out of duties imposed on individuals by (he policy of the law. They thus comijrehcnd all ccmtract rights, the rights that arise out of the domestic relations or out of liduciary or official position. Tlius, the right to the performance of a contract, the right of a husband to the society of his wife, the right ot a beneficiary against a trustee, in each case asserted against a determi- nate person, are all rights in personam. But by far the largest class of these rights is that which springs from the violation of other rights, whether rights in rem or in personam. A right once violated — whether a right of pro|H>rty by a trespass, or the right of personal security by an assault, or a contract right by a breach of contract — a right of action arises, and this right of action, being limited to the person or persons committing the act complained of is necessarily a right in personam. (imMilt the authorities referred to under Tort: CoNXRArr: and the Commentaries of Kent and Black --tone. The expression in personam is also commonly employed to descril>e the action instituted for the violation of any right, whether in rem or in per- sonam. Wherever an action is brought against an individual, whether for damages or for the restitution of money or specific property, it is properly described as an action tii personam. The action in rem is in our law limited to a nar- row range of cases. (See In Kem.) The phrase in personam is also employed in a narrower sense to describe the mode in which a legal obligation is enforced against an individual. The courts of chancery are said to act in jirrsonnm. i.e. by or- dering a person to do or to refrain from doing a certain thing, while courts of law, whose func- tion is not to command, but to adjudicate con- troversies, are said to act in rem. Sec CuANCKi, I.OU: t'UA.MKRV. Coi UT OF; Kqlity. t'ousult the uutliorilies referred to under Pkocedlki;. rNQXTEST (OF. enrjuesle. Vr. enqnCte, from ML. inqnislfi, from l.at. imiuisitti. p.p. fem. .sg. of in<jnirere, to inquire, from in, in + quarere, to search). A juiliciul proceeding for the pur- pose of inquiring into or investigating (he facts and circumstances of a particuhir matter by a jiirv' specially summoned for the purpose. The term is applied to several special pro ceedings differing widely in the nature of the purposes for which they arc instituted. One of the most ancient ises of the word wa> as applied to a coroner's investigation. In such a ease there is no element of contest, as the only object of the inquest is to gain information, and the person or persons under suspicjim arr not |M'rmittcd to enter a formal defense. A later employment fof the term was to designate an inquiry into the age of an heir who claimed his inheritance upon majority, but this practice has fallen into disuse. At a still later date the word was applied to the proceedings before a sherifT, where he was directed by the court (o suunnon a jury and ascertain the amount of damages sufTeri'd by a complainant, where the defendant hail failed to appear or to put in a defense. (See Dekaii.t. ) On such ail inquest the defendant might appear and cross-examine the plaintiff's witnesses, as well as bring witnesses in his own behalf to contradict the adverse testimony. This practice prevails to-day in .some jurisilictions. but in Xeu York and a few other States such an in<|iii'si i- taken In-forc tlic court and by any jury in at tendance for the trial of causes. The iilaintilT is required to introduce testimony tending to establish his cause of action as well as his damages, but no affirmative defense is permit led. The term is further employed to describe the proceedings before a sheriff upon an .att,ichmcnt. replevin, or garnishment of pro|x'rty. when he summons a jury to determine which claimant i- entitled to the property. Such a finding is not conclusive of the merits of the action, but award- the present possession of the property. Inqiest of Office. This is another applica tion of the term which is vcrv' remote in it- origin. It was first employed during the era of the N'ornian kings of England to describe a spe- cial proceeding held by an officer of the Crown to inquire into any matter or occurrence (he legal effect ai which might be to cause the for- feiture or escheat of any lands or personal prop erty to the King. Such occurrences were very much more common at that time, when the feu- dal system was at its height, than at present . but sueli inquests may still be called undi'r the above circunisLances. Such proceedings Ijcar the same name in most of the ITnitcd States, but are very rare. The ca.se must be tried by a jury, not of any particular number of persons: it may be twelve, or more or less than that number, as may happen to be convenient. In this country the process is resorted to when real pro|>erty is to be forfeited to the State for want of heirs. In States where aliens, by the operation of the common law. are not allowed to hold real estate, aji inquest of office would be applicable to vest