Blacks Law Dict. 1st ed

IN BOSUS

599

especially when the spirit of the law can be collected from that. Dig. 1, 3,19; Broom, Max. 576. In ambiguis oasibns semper preesum itur pro rege. In doubtful cases the pre sumption is always in favor of the king. In ambiguis orationibus maxime sen tentia spectanda est ejus qui eas protul isset. In ambiguous expressions, the inten tion 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 AFEBTA LUCE. In open daylight; in the day-time. 9 Coke, 656. IN APICIBUS JUBIS. Among the subtleties or extreme doctrines of the law. 1 Kames, Eq. 190. See APEX JURIS. IN ABBITBIUM JUDICIS. 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; imme diately. Cod. 1, 34, 2. IN ABTICULO MORTIS. Inthearti cle of death; at the point of death. 1 Johns. 159. In atrocioribus delictis punitur affeo tus licet non sequatur effectus. 2 Rolle B. 82. In more atrocious crimes the intent if punished, though an effect does not follow. IN AUTRE DROIT. L. Fr. In an other's right. As representing another. An executor, administrator, or trustee sues in autre droit. IN BANCO. In bank; in the bench. A term applied to proceedings in the court in bank, as distinguished from proceedings at nisi priiis. Also, in the English court of common bench. IN BLANK. A term applied to the in dorsement of a bill or note, where it consists merely of the indorser's name, without re striction to any particular indorsee. 2 Steph. Comm. 164. IN BONIS. Among the goods or prop erty; in actual possession. Inst. 4, 2,2. In bonis de/uncti, among the goods of the de ceased.

IN. In the law of real estate, this prepo sition has always been used to denote the fact of seisin, title, or possession, and apparently serves as an elliptical expression for some such phrase as "in possession," or as an ab breviation for "Entitled" or "invested with title." Thus, in the old books, a tenant is said to be * in by lease of his lessor." Litt. §82. IN ACTION. Attainable or recoverable by action; not in possession. A term ap plied to property of which a party has not the possession, but only a right to recover it by action. Things in action are rights of per sonal things, which nevertheless are not in possession. See CHOSE IN ACTION. IN ADVERSUM. Against an adverse, unwilling, or resisting party. "A decree not by consent, but in adversum." 3 Story, S18. In eedifioiis lapis male positus non est removendus. 11 Coke, 69. A stone badly placed in buildings is not to be removed. IN .SSQUA MANU. In equal hand. Fleta, lib. 3, o. 14, § 2. IN .ffiJQUALI JUBE. In equal right; on an equality in point of right. In sequali jure melior est conditio possidentis. In [a case of] equal right the condition of the party in possession is the better. Plowd. 296; Broom, Max. 713. IN 2EQUALI MANU. In equal hand; held equally or indifferently between two parties. Where an instrument was deposit ed by the parties to it in the hands of a third person, to keep on certain conditions, it was said to be held in cequali manu. Beg. Orig. 28. IN ALIENO SOLO. In another's land. 2 Steph. Comm. 20. IN ATiTO LOCO. In another place. In alta proditione nullus potest esse aocessorius sed principaiis solummodo. S Inst. 133. In high treason no one can be an accessary, but only principal. In alternatives eleotio est debitoris. In alternatives the debtor has the election. In ambigua vooe legis ea potius aeci pienda est signiflcatio quee vitio caret, preesertim cum etiam voluntas legis ex hoo oolligi possit. In an ambiguous ex pression of law, that signification is to be preferred which is consonant with equity,

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