Black's Law Dictionary

In the name of God, Amen. A solemn introduction, anciently used in wills and many other instruments. The translation is often used in wills at the present day.

In old English law. A close or inclosure, (clausum, inclausura.) Spelman.

Lat. We make known. A term formerly applied to letters patent, derived from the emphatic word at the conclusion of the Latin forms. It was a species of exemplification of charters

In the notes.

In Scotch law. The exchange of one obligation for another, so as to make the second obligation come in the place of the first, and be the only subsisting obligation against the deb

2 Inst. 3. A new remedy ls to be applied to a new case.

In old English law. To purge one of a fault and make him innocent.

So called because anciently inhabited by such clerks as chiefly studied the framing of writs, which regularly belonged to the cursitors, who were officers of the court of chancery.

These are certain private unincorporated associations, in the nature of collegiate houses, located in London, and invested with the exclusive privilege of calling men to the bar; t

In the clouds; in abeyance; in custody of law. In nubibus, in mare, in terrd, vel in custodid legis, in the air, sea or earth or in the custody of the law. Tayl. Gloss. In case of

This Latin word (commonly translated "meaning") was the technical beginning of that clause in a declaration or indictment for slander or libel in which the meaning of the alleged l

Among the goods or property of no person; belonging to no person, as treasure-trove and wreck were anciently considered.

In nothing is there error. The name of the common plea or joinder In error, denying the existence of error in the record or proceedings; which is in the nature of a demurrer, and a

Where the expression of the will of one who seeks to manumit a slave is ambiguous, liberty is to be favored. Dig. 50, 17, 179.

In obscure or doubtful cases, we follow that which is the least Dig. 50, 17, 9; 2 Kent, Comm. 557.

In obscure cases, we usually look at what is most probable or what most com-monly happens. Dig. 50, 17, 114.

In hatred of a despoller, robber or wrong-doer. The Saratoga, 1 Gall. 174, Fed. Cas. No. 12,355; Arthur v. The Cassius, 2 Story, 99, Fed. Cas. No. 564. 1 Greenl. Ev. § 348.

To the prejudice (in condemnation) of a despoiler all things are presumed; every presumption is made against a wrongdoer. 1 Vern. 452.

In the civil law. Inofficious; contrary to natural duty or affection. Used of a will of a parent which disinherited a child without just cause or that of a child which disinherited

A will not in accordance with the testator's natural affection and moral duties. Williams, Ex'rs, (7th Ed.) 38; Stein v. Wilzinski, 4 Redf. Sur. (N. Y.) 450; In re Willford's Will

In Spanish law. Everything done contrary to a duty or obligation assumed, as well as in opposition to the piety and affection dictated by nature. Escriche.

In every action where two distresses concur, that is, in rem and in personam, that is to be chosen which is most dreaded, and which binds most firmly. Bract, fol. 372; Fleta, 1. 6,

In all obligations in which a date Is not put, the debt is due on the present day; the liability accrues immediately. Dig. 50, 17, 14.

In all things, but especially in law, equity is to be regarded. Dig. 50, 17, 90; Story, Bailm. § 257.

In all things; on all points. "A case' parallel in omnibus." 10 Mod. 104.

In all contracts, whether nominate or innominate, an exchange [of value, i. e„ a consideration] is implied. Gravin. lib. 2, § 12; 2 Bl. Comm. 444, note.

In nearly all penal judgments, immaturity of age and imbecility of mind are favored. Dig. 50, 17, 108 ; Broom, Max. 314.

In everything there arises a thing which destroys the thing itself. Everything contains the element of its own destruction. 2 Inst. 15.

Lat. Destitute of counsel; without legal counsel. A term applied to the acts or condition of one acting without legal advice, as a testator drafting his own wllL

An intestate.

In a country which is at peace.

In the peace of God and the king. Fleta, lib. 1, c. 31, § 6 Formal words in old appeals of murder.

This phrase, as applied to a legal transaction, primarily means that it has taken place without legal proceedings. Thus a widow was said to make a request in pais for her dower whe

A term formerly applied to the proceedings in a cause before the record was made up. 3 Bl. Comm. 406 ; 2 Burrows, 1098. Probably from the circumstance of the record being always on

In an equal cause. In a cause where the parties on each side bave equal rights.

In an equal cause he who has the possession should be preferred. Dig. 50, 17, 128, 1.

In equal fault; equally culpable or criminal; in a case of equal fault or guilt See Rozell v. Vansyckle, 11 Wash. 79, 39 Pac. 270.

2 Burrows, 926. Where each party is equally in fault, the law favors him who is actually in possession.. Broom, Max. 290, 729. Where the fault is mutual, the law will leave the cas

Upon the same matter or subject. Statutes in pari materia are to construed together. United Society v. Eagle Bank, 7 Conn. 457; Sinte v. Ger-hardt, 145 Ind. 439, 44 N. E. 469, 33 I

In suffering, permitting or allowing.

In the breast of the judge. Latch, 180. A phrase applied to a judgment.

In the worst part; on the worst side. Latch, 159, 160.

In old English law. A customary payment of a penny on entering into and going out of a tenancy, (pro exitu de tenura, et pro ingressu.) Spelman.

In perpetual memory of a matter; for preserving a record of a matter. Applied to depositions taken in order to preserve the testimony of the deponent

In perpetual testimony of a matter; for the purpose of declaring and settling a thing forever. 1 BL Comm. 86.

A party, plaintiff or defendant, who sues out a writ or other process or appears to conduct his case in court himself, instead of through a solicitor or counsel, is said to act and

The action in personam is that by which we sue him who is under obligation to us to do something or give something. Dig. 44, 7, 25; Bract. 1015.

In the Roman law, from which they are taken, the expressions "in rem" and "in personam" were always opposed to one another, an act or proceeding in personam being one done or direc

For pious uses; for religious purposes. 2 Bl. Comm. 505.

In mining law, rock or mineralized matter is "in place" when remaining as nature placed it, that is, unsevered from the circumjacent rock or which is fixed solid and immovable in t

In full life. Yearb. P. 18 Hen. VI. 2.

In full county court. 3 Bl. Comm. 36.

In public; in common knowledge; in the light of day.

In penal causes or cases, the more favorable interpretation should be adopted. Dig. 50, 17, (197), 155, 2; Plowd. 86b, 124; 2 Hals, P. C. 365.

In possibility; not in actual existence. See In Esse.

In the power of a parent. Inst. 1, 8, pr.; Id. 1, 9; 2 Bl. Comm.' 498.

2 Inst. 57. In things preceding judgment the plaintiff is favored.

In Fr. In taking. A term applied to such incorporeal hereditaments as a party entitled to them was to take for himself; such as common. 2 Steph. Comm. 23; 3 Bl. Comm. 15.

In the price of buying and sell-ing, it is naturally allowed to the contracting parties to overreach each other. 1 Story, Cont. 606.

In the first place. A phrase used in argument.

At the beginning.

In confirmation or attestation of the premises. A notarial phrase.

In readiness; at hand.

No one can be judge in his own cause. 12 Coke, 13.

In one's own proper person.

At the present time. 2 Bl. Comm. 166. Used in opposition to in futuro. See Van Wyck v. Knevals, 106 In S. 360, 1 Sup. Ch 336, 27 L. Ed. 201.

In the presence of the superior power, the Inferior power ceases. Jenk. Co.nt. 214, c. 53. The less authority is mefged in the greater. Broom, Max. 111. v

In equal right; on an equality in point of right.

In [a case of] equal right the condition of the party in possession is the better. Plowd. 296; Broom, Max. 713.

In equal hand; held equally or indifferently between two parties. Where an instrument was deposited by the parties to it in the hands °f a third person, to keep on certain conditio

In equal hand. Fleta, lib. 3, c. 14, § 2.

1. A body of men appointed by law to inquire into certain matters. The grand jury is sometimes called the "grand inquest." 2. The judicial inquiry made by a jury summoned for the p

See Lunacy.

In English practice. An inquiry made made by the king's (or queen's) officer, his sheriff, coroner or escheator, virtute officii or by writ sent to them for that purpose or by comm

In Roman law. A tenant; one who hires and occupies another's house; but particularly, a tenant of a hired house in a city, as distinguished from colonus, the hirer of a house or es

An authority given to some official person to institute an inquiry concerning the crown's interests.

The writ of inquiry is a judicial process addressed to the sheriff of the county in which the venue is laid, stating the former proceedings in the action, and, "because it is unkno

In old English law. An inquisition or inquest. Inquisitio post mortem, an inquisition after death. An inquest of office held, during the continuanco of the military tenures, upon t

In practice. An inquiry or inquest; particularly, an investigation of certain facts made by a sheriff, together with a jury impaneled by him for the purpose. —Inquisition after dea

See Inquisitio. Inquisition of lunacy. See Lunacy.

A quasi-judicial examination into the sanity or insanity of a given person, ordered by a court having jurisdiction, on a proper application and sufficient preliminary showing of fa

A designation of sheriffs, coroners super visum corporis, and the like, who have power to inquire into certain mat-torn.

In whatever thing one offends, in that is he rightfully to be punished. Co.. Litt. 233b; Wing. Max. 204, max. 58. The punishment shall have relation to the nature of the offense.

In the affair; in the matter of. This is the usual method of entitling a judicial proceeding in which there are not adversary parties, but merely some res concerning which judicial

In clear cases, he mistakes who cites legal authorities; for obvious truths are not to be proved. 5 Coke, 67a. Applied to cases too plain to require the support of authority; "beca

10 Coke, 101. In things that are favorable to the spirit, though injurious to things, an extension of a statute should sometimes be made.

One co-proprietor can exercise no authority over the common property against the will of the other. Dig. 10, 3, 28.

In a partnership the condition of one who forbids ls the more favorable.

In a doubtful matter, to follow the more liberal interpretation is not less the juster than the safer course. Dig. 50, 17, 192, 1.

In a doubtful matter, the denial or negative is to be understood, [or regarded,] rather than the affirmative, Godb. 37.

In a matter concerning a brothel, prostitutes are admitted as witnesses. Van Epps v. Van Epps, 6 Barb. (N. Y.) 320, 324.

A technical term used to designate proceedings or actions instituted against the thing, in contradistinction to personal actions, which are said to be in personam. See In Personam.

The action in rem Is tbat by which we seek our property which is possessed by another, and is always against him who possesses the property. Dig. 44, 7, 25; Bract fol. 102.

A thing is said to lie in render when it must be rendered or given by the tenant; as rent. It is said to lie in prender when it consists in the right in the lord or other person to

In a thing equally shared [by several] it ls clear that the party refusing [to permit the use of it] has the batter cause. Dig. 10, 3, 28. A maxim applied to partnerships, where on

It is extremely unjust that any one shouid be judge in his own cause.

In a state the laws of war are to be especially upheld. 2 Inst 58.

In the nature of things; in the realm of actuality; in existence. In a dilatory plea, an allegation that the plaintiff is not in rerum natura is equivalent to averring that the per

The heir succeeds to the restitution, not to the penalty. An heir may be compelled to make restitution of a sum unlawfully appropriated by the ancestor, but is not answerable crimi

Co. Litt. 112. The most benignant interpretation is to be made in restitutions.