Page:Black's Law Dictionary (Second Edition).djvu/612

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IN JUDICIIS

In judiciis, minori natati snccurritur. In courts or judicial proceedings, infancy is aided or favored. Jenk. Cent. 46, case 89.

IN JUDICIO. In Roman law. In the course of an actual trial; before a judge. (judcau) A cause, during its preparatory stages. conducted before the prretor, was said to be in ]1M'E,' In its second stage, after it had been sent to a judez for trial, it was stud to be in judicio.

In judicio non creditnr nisi jun-aria. Cro. Car. (14. In a trial. credence is glven only to those who are sworn.

IN JURE. In law: according to law. In the Roumn practice, the procedure ln an action was divided into two stages. The first was said to be in jurc; it took place before the prretor, and included the formal and introductory part and the settlement of questions of law. The second stage was com- mitted to the jmlcaz, aud comprised the in- VEStlg'ltl0I] and trial of the facts; this was said to be in judiciu.

IN JURE ALTERIUS. right Hale, Anal. 5 26.

In another's

In _-lure. 110:: remote cansn. net! profi. ma spectatur. Rae. Max. reg. 1. In law, the proximate, and not the remote, cause is regarded

IN right

JURE PROPRIO. H.116. Anal. 5;‘ 26.

In one's own

IN JUS VOCARE. To call. cite, or sum- mou to court. Inst 4, 16. 3; Calvin. In 1113 -veranda, summoning to court. 3 Bl. Comm. 279.

IN KIND. In the same kind, class, or genus. A loan is returned "in kind" when not the identical article, but one corresponding and equivaient to it. is given to the lender. See IN Gnnnan.

IN LAW. In the intendment. contem~ piation, or inference of the law; implied or inferred by law; existing in law or by force of law. See IN FACT.

IN LECTO MORTALI. bed. Fleta, lib. 5, c. 28. § 12.

On the death-

IN LIMINE. On or at the threshold; at the very beginning; preliminarily.

IN LITEM. ‘for a suit: to the suit.

Greenl. Ev. § 348.

IN LOCO. In place; In lieu; instead; in the place or staid. Townsh. P1. 38.

IN LOCO PARENTIS. In the place of a parent; instead of a parent; charged, factitiously, with a parent's rights. duties, and

604

IN MORA

responsibilities. Wetherhy v. Dixon, 19 Ves. 412; Brlnkerhoif v. Merselis, 24 N. J. Law. CS3; Cape]: v. Kroplk, 129 I11. 509, 21 N. F. 836.

In xnajox-e nnmma oontinetur minor. 5 Coke. 115. In the greater sum is contained the iess.

IN MAJOREM CAUTELAM. For greater security. 1 Strange. 105, arg.

IN MALAM PARTEM. In a bad sense. so as to wear an evil appearance.

In mnleficiis vollultal lpectntnr, non exitus. Iu evil deeds regard must be had to the intention, and not to the result. Dig 48, 8, 14; Broom, Max. 324.

In malefieio, ratihnhitio mandate comparatur. In a case of malfeasance. ratification is eqnivalent to command. Dig. 50, 17. 152. 2.

In maximn patentia minima lioantin. In the greatest power there is the ieast free dom. Hob. 159.

IN MEDIAS RES. Into the heart of the subject, wlthout preface or introduction.

IN MEDIO. Intermediate. A term applied, in Scotch practice, to a fund held between parties litigant.

In mercibnl Illicitis non sit commereium. There should be no commerce in illicit or prohibited goods. 3 Kent, Comm 262. note.

IN MERCY. To be In mercy is to be at the discretion of the king, lord, or judge in respect to the imposition of a fine or other punishment.

IN MISERICORDIA. The entry on the record where a party was in merry was. “Ideo in miserlcor(1a'a," etc. Sometimes "misericordia" means the being quit of all amerce ments.

IN MITIORI SENSU. In the milder sense: in the less aggravated acceptntion. In actions of slander, it was formerly the rule that, if the words alleged would admit of two constructions, they should be taken in the less injurious and defamatory sense. or in mm'on' sensu.

IN MODUM ASSISE. In the manner or form of an assize. Bract. fol. 1831). In modum jurattz. in manner of a jury. Id. fol. 1811).

IN MORA. In default: literally, in de-

lay. 1n the civil law. a borrower vxho omits