Videee.L

To see; to perceive, understand, know. Vide. See. Quod vide: which see. Words of reference. The last expression is abbreviated q. v., in referring to one word or subject only, as, that immediately preceding it; and qq. v., when the reference is to each of the several terms or topics just mentioned. Videlicet. From videre licet, it is permitted to see: as you may see; to wit; namely. Abbreviated viz. Scilicet, that is, scire licet, as you may know; to wit. See Wit. The office of a videlicet, or a scilicet, is to particularize what is general in the words preceding, or in some other manner t6 explain what goes before. While a viz. may restrain the generality of preceding words, it cannot enlarge or diminish the preceding subject-matter. If the averment Immediately preceding is direct and positive, that which immediately follows is so. Any fact, in its nature traversable, may be traversed though placed under a viz. A material fact cannot be made immaterial by being placed there. Therefore, if an averment under a viz. contains matter in itself material, but which is repugnant to what goes before, the pleading is ill. If that which comes under a viz. is immaterial, or of mere form, its repugnancy to what goes before does not affect the pleading, bvit it will be rejected as surplusage.'.The terms generally used are " to wit," or " that is to say." A viz. serves to give additional particulars of time or place, or circumstances explanatory of previous statements made in general terms; it cannot render nugatory previous specific averments.* Will not avoid a variance, nor dispense with exact proof in an allegation of material matter.' If repugnant to what has gone before, it will be rejected, but not if it can be reconciled and made restrictive." ' L. vitium, fault, vice. ! Dickson v. Mc Coy, 39 N. Y. 403 (1868). s Gould, Plead. 58, sees. 35-41; United States v. Bumham, 1 Mas. 67(1816), cases; Steph. Pl. 309; 1 Greenl. Ev. § 00. ' Lewis V. Hitchcock, 10 F. E. 7 (1882), Brown, J. 'Bruguier v. United States, 1 Dak. 9 (1867); State v. Murphy, 55 Vt. 549 (1883); 26 Conn. 431; 47 111. 175; 132 Mass. 3, 491; 9 Minn. 317; 7 Cow. 45; 4 Johns. 450; 2 Flip. 445. Jr. '194