In Chief

Principal; primary; directly obtained. A term applied to the evidence obtained from a witness upon his examination in court by the party producing him, in relation to the matter in issue at the trial. The examination so conducted for this purpose. Evidence or examination in chief is to be distinguished from evidence given on crossexamination, and from evidence given upon the voir di/re. Evidence in chief should be confined to such matters as the pleadings and the opening warrant, and a departure from this rule assaults have been committed, one in January and the other in February, and the plaintiff prove his cause of action to have been the assault in January; he cannot abandon that, and afterwards prove another committed in February, unless the pleadings and openings extend to both.

1 Carapb. 473. See, also, 6 Car. & P. 73; 1 Moody & R. 282.

This matter, however, is one of practice; and a great variety of rules exist in the different states of the United States, the leading object, however, being in all cases the same, — to prevent the plaintiff from introducing in evidence a different case from the one which he had prepared the defendant to expect from the pleadmgs. IN CIVILIBUS MINISTERIUM EXCUsat, in-criminalibus non Item. In civil matters, agency or service excuses, but not so in criminal matters.

Lofft, 228; Tray. Lat. Max. 243.

IN CLARIS NON EST LOCUS CONJECturls. In things obvious there is no room for conjecture. IN COMMENDAM (Lat.) The state or condition of a church living which is void or vacant, and which is commended to the care of some one. In Louisiana there is a species of partnership called "partnership in commendam."

See Commendam.