Page:Black's Law Dictionary (Second Edition).djvu/608

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IN BANCO 600 IN CONSUETUDINIBUS


ecutor, administrator, or trustee sues in autre droit.

IN BANCO. In bank; in the bench. A tcun applied to proceedings in the court in bank, as distinguished from proceedings at uisi priua. Also, in the Engirsh court of com- mon bench.

IN BEING. In existence or life at a given moment of time, as. in the phrase "life or lives in being" in the ruie against perpetuities. An unborn child may, in some circumstances be considered as “in being." Phiihps v. Herron, 55 Ohio St. 478. 45 N E. 720; Hone v. Van Schaick, 3 Barb. Ch. (N. Y.) 509.

IN BLANK. A term applied to the indorsement of a hill or note where it consists merely of the indorser's name, without restriction to any particular indorsee. 2 Stepb. Comm. 164.

IN BONIS. Among the goods or prop- erty; in actual possession. Inst. 4, 2. 2. In bouis dejumzti. among the goods of the de ceased

IN BULK. As a whole; as an entirety, without division into items or physical sep- aration in packages or parcels. Standard Oil Co. v. Com.. 119 Ky. 75. 82 s. W. 1022; Fitz Henry V. Munter. 33 Wash. 6%. 74 Pac. 1003; State v. Smith, 114 M0. 180, 21 S. W. 493.

IN CAMERA. In chambers: in private. A cause is said to be heard in cmn,cra. either when the hearing is had before the judge in his private room or when all spectators are excluded from the conrt-room.

IN CAPITA. To the heads; by heads or polls. Persons succeed to an inheritance in capim when they individually take equal shares. So challenges to individual jnrors are challenges in capita, as distinguished from challenges to the array.

IN C-APITE. In chief. 2 Bl. Comm. 80. Tenure irn. capite was a holding directly from the l-.ing.

In casu extrunae neeessitstis omnin aunt cnmmunia. Hale, P. C. 54. In cases of extreme necessity, everything is in com- mon.

IN CASE’ PROVISO. In I1 (or the) case provided. In tlzli casu cditum ct prmmzm, in such case made and provided. Townsh. Pl. 164. 165.

IN CAIYSA. In the cause, as distinguished from in inittalilms, (q. D.) A term in Scotch practice. 1 Brown, Ch. 252.

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.

Tenure in chief, or in cupifc. is a holding directiy of the king or chief lord.

In eiv-ilibus minister-inm excusnt, in crhninnlibus non item. in civil matter-. agency (or service) excuses, but not so in criminal matters. Lofft, 228: Tray. Lat. Max. 243.

In claris non est locus eonjsctnris. In things obvious there is no room for conjecture.

IN COMMENDAM. In commendation; as a commended living. 1 Bl. Comm. 393 See Comunnna.

A term applied in Louisiana to a limited partnership, answering to the French "en comm.andtte." Civil Code La. art 2810.

In comnmdata Juno pnctio. ne dolul praestetnr, x'n.ta non est. In the contract of loan. a stipulation not to be liable for fraud is not Valid. Dig. 13. 7. 17. pr.

IN COMMON. Shared in respect to titie, use, or enjoyment, without apportionment or division into individual parts: held by sever- ai for the equal advantage. use, or enjoy- ment of all. See Hewit v. Jewell. 59 Iowa. 37, 12 N. W. 738; Chambers v. H-irrington, 111 U. S. 350, 4 Sup. Ct. 428. 28 L. Ed. 452; Walker v. Dnnshee, 38 Pa. 439.

IN COMMUNI. In common. Fieta, lib.

3, c. 4, 5 2.

In cunjunctivil, opurtet ntrnmque partem ease veram. In conjnnctives it is nec- essary that each part be true. Wing. Max. 13. max. 9. In a condition consisting of divers parts in the copniativs, both parts must. be performed.

IN CONSIDERATIONE INDE. In consideration thereof. 3 Saik. 64, pl. 5.

IN CONSIDERATIONE LEGIS. In consideration or contemplation of law; in abey- ance Dyer, 102D.

IN’ C-ONSIDERATIONE PREMISSOR‘ ‘UM. In consideration of the premises. 1 Strange. 535.

In consimili casn, cnnsimile dcbet eue remedium. Hardr. 65. In similar cases the remedy should be similar.

IN CONSPEC-‘I"lI EJUS. view. 12 Mod. 95.

In his sight or

In eonsnetmiinilms, non dintnrnital texnpox-is sad soliditas rationis est annuiti-

erunda. In customs. not length of time,