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 rivets1 when in the middle of the stream, belong in equal parts to the riparian proprietors2 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 doctrine3 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 defendant4 may, instead of pleading non est factum in the common form, allege5 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 descended6 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 construed7 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. 4.
