Page:Black's Law Dictionary (Second Edition).djvu/607

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IMPUTED

IMPUTED. As used in legal phrases, this

word means attributed vicariously; that is, an act, fact, or quality is said to be “imputed" to a person when it is ascribed or charged to him, not hccanse he is personally cognizant of it or responsihie for it, but because an- other person is, over whom he has control or for whose acts or knowledge he is responsibie. —Impnted knowledge. This phrase is sometimes used as equivalent to “implied notice." 6. 9., knowledge attributed or charged to a person (often contrary to the fact) because the facts in question were open to his discovery and it was his duty to inform himself us to tbrm. See Roche v. Llewcllyn Iron Vvorks 00.. 140 Cal. 563. 74 Pan. 147.—I.mpnted notice. In- formation as to a given that or ciruimstance chargevl or attributed to a person, and directing his rights or conduct, on the ground that actual notice was given to some person whose duty was to report it to the person to be affected, as. his agent or his attorney of record. —Imputed negligence. Ncgligcnce which is not directly attributable to the person himself, but which is the negiigence of a person who is in privity with him, and with whose fault he is chargeable. Smi v. Rniiroad 00.. 4 App. Div. 403, 38 N. Y. Sum. 666.

IN. In the law of real estate. this prepo- sition has always been used to denote the fact of seisin, title, or possession, and apparent] y serves as an elliptical expression for some such phrase as “in possession." or as an abbreviation for "tntitled" or “invested with title." Thus, in the old books, a tenant is said to be "in by lease of his lessor." Litt. 5 82.

IN ACTION. Attsioshie or recoverable ily action; not in possession A term applied to property of which E. pnrty has not the possession, -but only a right to recover it by action. Things in action are rights of personal things, which nevertheless are not in possession. See Cnoss IN Acrmrz.

IN ADVERSUM. Against an adverse, unwilling, or resisting party. “A decree not by consent, but in ad-uerrum." 8 Story, 318.

In nedificiil lupin male positus non est remuvemius. 11 Coke, 69. A stone badly pisced in buildings is not to be removed‘.

IN EQIYA MANU. ta. lib. 3, C. 14, 5 2.

In equal hand. Fie

IN 1!-JQIYAIJ JUR]-I. In equal right: on an equality in point of right.

In mquali jute melinr est conditio pol- sidentis. In in case of] equni right the condition of the party in possession is the better. Plawd. 206; Iiroom, Max. 713.

IN EQUAL! MANU. In equal hand; heid equaily or indifferently between two parties. Where an instrument was deposited by the parties to it in the hands of a third

_599

IN AUTRE DROIT

person. to keep on certain conditions, it will said to be held in «squall mmm. Reg. Orig. 28.

IN ALIENO SOLO. 2 Steph. Comm. 20.

In another’: iimd.

IN ALIO LOCO. In another place.

In alts proditione nnllns potent ease accessorins ted prinuipnlis lolummoflo. 3 Inst. 138. In high treason no one can be an accessory but only principal.

In alternntivis elactin est debitnril. In alternatives the debtor has the election.

In umbigus vane leg-is ea potins acci- piendn est signiflcntio quae vitin caret, pr-msex-tirn cum etiam vol-untss leg-is ex hon colligi possit. In an ambiguous expression of law, that signification is to be preferred which is consonant with equity, especially when the spirit of the law can be collected from that. Dig. 1, 3, 19; Broom, Max. 576.

In ambiguls cnsibns lempar pr:esun1itnr pro regs. [n doubtful cases the pre sumption is always in favor of the king.

In nmbignin or-ationibns mnxime lententin lpectanda est sins qui ens protulisset. In ambiguous expressions, the intention of the person using them is chiefly to be regarded. Dig. 50, 17, 96; Broom, Max. 567.

In Anglia non est interregnum. In England there is no interregnum. Jenk. Cent. 205; Broom, Max. 50.

IN APERTA LIYCE. In open daylight; in the dny-time. 9 Coke, 6511.

IN APIC-IBUS JURIS. Among the Bilb- tieties or extreme doctrines of the law. 1 Kames, Eq. 190. See APEX Jmus. JUDIC-IS.

IN ARBITRIUM At the

pleasure of the judge.

IN ARCTA ET SALVA CUSTODIA. In close and safe custody. 3 Bl. Comm. 415.

IN ARTICULO. In a moment; lmme distely. God. 1, 3-1, 2. K IN ARTICIYLO MORTIS. In the arti-

cle of death; at the point of death. Jack- son v. Vredenbergh, 1 Johns. (N. Y.) 159.

In ntrocioribus delictis pllnitnr nflec- L tns licet non leqnatnr eifectus. 2 Roiie R. 82. In more atrocious crimes the intent is punished, though an effect does not foilow.

IN AUTRE DROIT. L. Fl‘. In another‘s right. As representing another. An ex- M