Page:Black's Law Dictionary (Second Edition).djvu/610

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IN EO QUOD PLUS SIT

done, or action brought, soiely to hurt or distress another, it is said to be in emulatio- wem m‘c1'ni'. 1 Karnes, Eq. 56.

In eo qnod plus sit, Iemper inest 21: minus. In the greater is always included the less also. Dig. 50, 17, 110.

IN EQUITY. In a court of equity, as distinguished from a court of law; in the purview, consideration, or contemplation of equity; according to the doctrines of equity.

IN ESSE. in being. Actnaily existing. Distinguished from in posse, which means “that which I not, but may be." A child before hlrth is in passe; after birth, in esse.

IN EVIDENCE. Inciuded in the evidence aireidy adduced. The "facts in evidence" are such as have already been DIOVEG in the cause.

IN EXCAMBIO. In exchange Formal words in old deeds of exchange.

IN EXITIL In issus. ezitu, of the matter in issue.

De material in 12 Mod. 372.

In expositions inst:-iunentorum, main grnmmatica, qnod fie:-i. potest, vitnnda est. In the construction of instruments, bad grammar is to be avoided as much as possible. 6 Coke. 39; 2 Bars. Cunt. 23.

IN EXTENSO. In extension; at full length; from beginning to end. leaving out nothing.

IN EXTREIVIIS. In extremity; in the last extremity; in the last iiiness. 2 Bl. Comm. 375, $0; Prince v. Hazieton, 20 Johns. (N. Y.) 502, 11 Am. Dec. 307. A11/Cris in ca-ir(:nii.9. being in extremity. Bract. fol. 3731:. Decinrations in e:z-ti-izniis, dying declarations. 1 Greenl. Ev. 5 156; Wilson v. Boerein, 15 Johns. (N. Y.) 280.

IN PAC-IE CUEIE]. court. Dyer, 28.

In the face of the

IN FACIE EC-CLESIE. In the face of the church. A term appiied in the law of England to marriages, which are required to be soiemnlzetl in a parish church or public chapel, unless by dispensation or license. 1 Bl. Coniui. 439: 2 Steph. Comm. 288. 289. Applied in Bracton to the old mode of con- feriing dower. Bruct. fol. 92; 2 Bl. Comm. 133.

IN FACIENDO. In doing; in feasance; in the performance of an act. 2 Story, Eq. Jur. 5 1308.

IN FACT. Actual. real; as distinguished from implied or inferred. Resulting from the acts of parties. Instead of from the act or intendincnt of law.

602

IN FRAUDEM LEGIS

IN PAC-TO. dicit, in fact says.

In fart; in deed. In jacio 1 Salk. 22, pl. 1.

In facto quad IE habet ad bnnnm at malnm. magis ds bnno qnani de mnlo lex intenrlit. In an act or deed which in]- mits of being considered as both good and bad, the law intends more from the good than from the bad: the law makes the more favorable construction. Co. Litt. 7812.

In fnvarnbilibns magi: nttenditur qnod pl-adest qnnm quad nocet. in things fa- vored, what prohts is more regarded than what prejudices. Bsc. Max. 11. 57, in reg. 12 IN FAVOREM LIBERTATIS. In fa- vor of liberty.

IN FAVOREM VITIE. In favor of life.

In favorem vitae, libel-tatis, st innocentlae, omnia pl‘aasulnIlntul'. in 1.ivor cf h.t'e, liberty, and innocence, every presump-

tion is made. Lofft. 125. IN Fl-IODO. In fee. Brnct. fol. 207: Flcla. lib. 2, c. 64. 5 15. Sui.»-itux in jcoda,

seised in fee. Fieta, iib. 3, c. 7, 5 1.

In flctione juris lemper aaquitas exil- tit. In the iiction of law there is always equity; a legal Liction is always consistent with equity. 11 Coke, 51a; Broom, Max. 127, 130.

IN FIERI. In being made; in process of formation or development; hence, incomplete or inchoate. Legai proceedings are described as in ficri untii judgment is entered.

IN FINE. Lat. At the end. Used. in references, to indicate that the passage cited is at the end of a book, chapter, section. etc

IN FORIVIA PAUPEBJS. In the char- acter or manner of a pauper. Describes permission given to 11 poor person to sue without liability for costs.

IN F0110. tribunal. —In fora conscientise. In the tribunal of conscience: conscientiously; considered from a moral, rather than a legal, point of view.—In fora cnntentioso. In the forum of contention or iitig-'ation.—In fora ecelesinstioo. In an ecciesiasticai forum; in the ecclcsinsticaicourt.

lttli. lib. 2. c. 57, 5 13.—ln fora sseculnri. In a set-nisr forum or court I<'ieta, lib. 2, c 57, § 14; 1 Bl. Comm. 20.

In a (or the) forum, court, or

IN I‘I'l.A'l'J'DEIVI CREDITORUM. In fraud of creditors; with intent to defraud creditors. Inst. 1, 6, pr. S.

IN FRAUDEM LEGIS. In fraud Of the law. 3 Bl. Comm. 9-l. With the intent or view of evading the law. JHCLSOII v. Jack-

son, 1 Johns. (N. Y.) 424. 432