Videlicet

A Latin adverb, signifying to wit, that is to say, namely; scilicet. This word is usually abbreviated viz. The office of the videlicet is to mark that the party does not undertake to prove the precise circumstances alleged; and in such cases he is not required to prove them; Steph. PI. 309; Gleason v. Mc Vickar, 7 Cow. (N. Y.) 42; Dicken v. Smith, 1 Litt. (Ky.) 209. See Yelv. 94; 3 Saund. 291 a; 4 B. & P. 465; Brown y. Berry, 47 I1L 175. See SS.;

I It is permitted to see; to wit; that is to say; namely. A term used as prefatory to a particular statement of something mentioned in general terms; and used in pleading where a party alleges a fact which he does not wish to be held to prove strictly, the words used being the English " to wit," or "that is to say."

I. (It is allowed to see.)

To wit; that is to say; namely. This word has in general the same meaning as scilicet (q. v.), and is used in the same manner as that term; and the remarks under that word as to the force and construction of clauses introduced by scilicet apply in like manner to those following a videlicet. But a peculiar office of videlicet, in pleading, is to mark that the party does not undertake to prove the precise circumstances of time, quantity, value, &c., alleged under a videlicet strictly as alleged; and he is not held to such proof. The English terms proper to be used for this purpose, instead of videlicet, are "to wit," or "that is to say;" which should be inserted immediately preceding the allegation as to which certainty is not intended. This is termed laying the time, &c., under a videlicet, although English words be used. The words to wit, or, that 18 to say, so frequently used in pleading, are technically called the ridelicet or scilicet; and when any fact alleged in pleading is preceded by or accompanied with these words, such fact is, in the language of the law, said to be laid under a videlicet. The use of the videlicet or scilicet is to point out, particularize, or render more specific that which has been previously stated in general language only; also to explain that which is doubtful or obscure. It has been called by Lord ceding general statement, it may be rejected. But a videlicet or scilicet, which is not so contrary, and which is not mere surplusage, cannot be rejected as immaterial, but may be traversed like any other averment. (Dakin's Case, 2 Wms. Samd. 290.) Broim. Videlicet is used to avoid a variance and escape a positive averment which must be strictly proved. Brown v. Berry, 47 III. 176.