ITA QUOD (Lat.). The name or condi tion in a submission, which is usually intro duced by these words, "so as the award be made of and upon the premises," which, from the first words, is called the ita quod.
When the submission is with an ita quod, 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; Croke Jac. 200; 2 Vern. Ch. 109; Rolle, Abr. Arbitrament (L 9).
ITEM (Lat.). Also; likewise; in like manner; again; a second time. These are the various meanings of this Latin adverb.
It is used to introduce a new paragraph, or chapter, or division; also, to denote a particu lar in an account. It is used when any article or clause is added to a former, as if there were here a new beginning. DuCange. Hence the rule that a clause in a will intro duced by item shall not influence or be influ enced by what precedes or follows, if it be sensible taken independently, 1 Salk. 239, or there is no plain intent that it should be taken in connection, in which cases it may be construed conjunctively, in the sense of and, or also, in such a manner as to connect sen tences. 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's legacy as well as Peter's will be a charge upon the same property. 1 Atk. Ch. 436; 3 id. 256; 1 Brown,
Ch. 482; 1 Rolle, Abr. 844; 1 Mod. 100; Croke Car. 368; Vaugh. 262; 2 Roper, Leg. 349 ; 1 Salk. 234.
ITER (Lat.). In Civil Law. A way; a right of way belonging as a servitude to an estate in the country (prcedium rusticum). The right of way was of three kinds: 1, iter, a right to walk, or ride on horseback or in a litter; 2, actus, a right to drive a beast or vehicle; 3, via, a full right of way, com prising right to walk or ride, pr drive beast sr carriage. Heineccius, Elem. Jur. Civ.
408. Or, as some think, they were distin gu•shed by the width of the objects which could be rightfully carried over the way: e.g. via, 8 feet; actus, 4 feet, etc. Mackeldy, Civ. Law, / 290; Bracton, 232 ; 4 Bell, Hou. L. 390.
jACTITATION OF MARRIAGE. In English Ecclealaatical Law. The boasting by an individual that he or she has married another, from which it may happen that they will acquire the reputation of being married to each other. .
The ecclesiastical courts may in such cases entertain a libel by the 'party injured, and, on proof of the facts, enjoin the wrong-doer to perpetual silence, and, as a punishment, make him pay the costs. 3 Blackstone, Comm. 93; 2 Hagg. C/OilS. 423, 285; 2 Chitty, Pract. 459.