Ad Tunc Et Ibidem

In pleading. The technical name of that part of an indictment containing the statement of the subject-matter's "then and there 6emg found." Bac. Abr. "Indictment" (G 4); 1 N. C. 93.

The technical name of that part of an indictment containing the statement of the subject-matter "then and there being found." Bacon, Abr. Indictment, G. 4; 1 No. C. 93. In an indictment, the allegation of time and place must be repeated in the averment of every distinct material fact; but after the day, year, and place have once been stated with certainty, it is afterctitlon of the time and place. The ad tunc et ibidem must be added to every material fact in an indictment; Saund. 95. Thus, an indictment which alleged that J. S. at a certain time and place made an assault upon J. N., et eum cum yladio felonice percussit, was held bad, because it was not said, ad tunc et ibidem percussit; Dy. 68, 69. And where, In an indictment for murder, It was stated that J. S. at a certain time and place, having a sword In his right hand, percussit J. N., without saying ad tunc et ibidem percussit, it was held insufficient; for the time and place laid related to the having the sword, and consequently it was not said when or where the stroke was given; Cro. Eliz. 738; 2 Hale, PI. Cr. 178. And where the indictment charged that A. B. at N., in the county aforesaid, made an assault upon C. D. of F. in the county aforesaid, and him ad tunc et ibidem quodam gladio percussit, this indictment was held to be bad, because two places being named before, if it referred to both, it was impossible; if only to one, it must be to the last, and then it was insensible; 2 Hale, PI. Cr. § 180.

In pleading. - The Latin name of that clause of an indictment containing the statement of the subjectmatter “then and there being found.” AD ULTIMAM VIM TERMINO-