Blacks Law Dict. 1st ed

IN CONVENTION1BUS, ETC.

600

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necessary that each part be true. Wing. Max. 13, max. 9. In a condition consisting of divers parts in the copulative, both parts must be performed. IN CONSIDERATION INDE. In consideration thereof. 3 Salk. 64, pi. 5. IN CONSIDERATIONS LEGIS. In consideration or contemplation of law; in abeyance. Dyer, 1026. IN CONSIDERATIONS PRJEMIS SORUM. In consideration of the premises. 1 Strange, 535. In consimili casn, consimile debet esse remedium. Hardr. 65. In similar cases the remedy should be similar. IN CONSPECTU EJUS. In his sight or view. 12 Mod. 95. In consuetudinibus, non diuturnitaa temporis sed soliditas rationis est con sideranda. In customs, not length of time, but solidity of reason, is to be considered. Co. Litt. 141a. The antiquity of a custom is to be less regarded than its reasonableness. IN CONTINENTI. Immediately; with out any interval or intermission. Calvin. Sometimes written as one word, "incontU nmti." In contractibus, benigna; in testa mentis, benignior; in restitutionibus* benignissima interpretatio facienda est. Co. Litt. 112. In contracts, the interpreta tion is to be liberal; in wills, more liberal; in restitutions, most liberal. In contractibus, rei veritas potiua quam scriptura perspici debet. In con tracts, the truth of the matter ought to be regarded rather than the writing. Cod. 4, 22, 1. In contractibus, tacite insunt [veni unt] quse sunt moris et consuetudinis. In contracts, matters of custom and usage are tacitly implied. A contract is understood to contain the customary clauses, although they are not expressed. Story, Bills, § 143; 3 Kent, Comm. 260, note; Broom, Max. 842. In contrahenda venditione, ambiguum pactum contra venditorem interpretan dum est. In the contract of sale, an am biguous agreement is to be interpreted against the seller. Dig. 50, 17, 172. See Id. 18, 1, 21. In conventionibus, oontrahentium vo luntas potius quam verba spectari pla

ITS CAMEBA. In chambers; in private. A cause is said to be heard in camera either when the hearing is had before the judge in his private room, or when all spectators are excluded from the court-room. IN CAPITA. To the heads; by heads or polls. Persons succeed to an inheritance in capita when they individually take equal shares. So challenges to individual jurors are challenges in capita, as distinguished from challenges to the array. IN CAPITE. In chief. 2 Bl. Comm. 60. Tenure in capite was a holding directly from the king. In oasu extremae necessitatis omnia sunt oommunia. Hale, F. C. 54. In cases of extreme necessity, everything is in com mon. IN CASTJ PROVISO. In a (or the) case provided. In tali casu editum et provisum, in such case made and provided. Townsh. PL 164, 165. IN CAUSA. In the cause, as distin guished from in initialibus, (q.v.) 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 examina tion in court by the party producing him. Tenure in chief, or in capite, is a holding directly of the king or chief lord. In civilibus ministerium exeusat, in criminalibus non item. In civil matters agency (or service) excuses, but not so in criminal matters. Lofft, 228; Tray. Lat. Max. 243. In Claris non est locus oonjecturis. In things obvious there is no room for con jecture. IN COMMENDAM. In commendation; as a commended living. 1 Bl. Comm. 393. See COMMENDA. A term applied in Louisiana to a limited partnership, answering to the French "en sommandite." Civil Code La. art. 2810. In commodato hseo pactio, ne dolus prsestetur, rata non est. In the contract of loan, a stipulation not to be liable for fraud is not valid. Dig. 13, 7, 17, pr. IN* COMMUNI. In common. Fleta, lib. 3, e. 4, § 2. In conjunctivis, oportet utramque par tem esse veram. In conjunctives, it is

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