Blacks Law Dict. 1st ed

601

IN EXTENSO

IN CORPORE

©nit. In agreements, the intention of the contracting parties, rather than the woids used, should be regarded. 17 Johns. 150; Broom, Max. 551. IN COBPORE. In body or substance; in a material thing or object. IN CRASTINO. On the morrow. In erastino Animarum, on the morrow of All Souls. 1 Bl. Comm. 342. In criminalibus, probationes debent esse lnce clarlores. In criminal cases, the proofs ought to be dearer than light. 3 lust. 210. In criminalibus, sufficit generalis ma* litia intentionis, cum facto paris gradus. In criminal matters or cases, a general mal ice of intention is sufficient, [if united] with an act of equal or corresponding degree. Bac. Max. p. 65, reg. 15; Broom, Max. 323. In criminalibus, voluntas reputabitur pro facto. In criminal acts, the will will be taken for the deed. 3 Inst. 106. IN CUJTTS REI TESTIMONITJM. In testimony whereof. The initial words of the concluding clause of ancient deeds in Latin, literally translated in the English forms. IN CUSTODIA LEGIS. In the custody or keeping of the law. 2 Steph. Comm. 74. IN DELICTO. In fault. See IN PABI DELICTO, etc IN DIEM. For a day; for the space of a day. Calvin. In disjunctivis sufflcit alteram partem esse veram. In disjunctives it is sufficient that either part be true. Where a condition is in the disjunctive, it is sufficient if either part be performed. Wing. Max. 13, max. 9; 7 East, 272; Broom, Max. 592. IN DOMINICO. In demesne. In do tninico tuo ut defeodo, in his demesne as of fee. IN DORSO. On the back. 2B1. Comm. 468; 2 Steph. Comm. 164. In dorso recordi, on the back of the record. 5 Coke, 45. Hence the English indorse, indorsement, etc. In dubiis, benigniora preeferenda sunt. In doubtful cases, the more favorable views are to be preferred; the more liberal interpre tation is to be followed. Dig. 50, 17, 56; 2 Kent, Comm. 557. In dubiis, magis dignum est aecipi endum. Branch, Princ. In doubtful cases, the more woithy is to be accepted.

In dubiis, non prsesumltur pro testa* mento. In cases of doubt, the presumption i» not in favor of a will. Branch, Princ. Bat see Cro. Car. 51. IN DUBIO. In doubt; in a state of un certainty, or in a doubtful case. In dubio, hsec legis construction quant verba ostendunt. In a case of doubt, that is the construction of the law which the words indicate. Branch, Princ. In dubio, pars mitior est sequenda* In doubt, the milder course is to be followed. In dubio, sequendum quod tutius est. In doubt, the safer course is to be adopted. IN DITPLO. In double. Damnaindu plo, double damages. Fleta, lib. 4, c. 10, §1 IN EADEM CAUSA. In the same state or condition. Calvin. IN EMULATIONEM VICINI. In envy or hatred of a neighbor. Where an act is done, or action brought, solely to hurt or distress another, it is said to be in emulatio nem vicini. 1 Kames, Eq. 56. In eo quod plus sit, semper inest et minus. In the gieater 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. Actually existing. Distinguished from in posse, which means "that which is not, but maybe." A child before birth is in posse; after birth, in esse. IN EVIDENCE. Included in the evi dence already adduced. The "facts in evi dence" are such as have already been proved in the cause. IN EXCAMBIO. In exchange. Form al words in old deeds of exchange. IN EXITU. In issue. 2>« materia in exitu, of the matter in issue. 12 Mod. 372. In expositions instrumentorum, mala grammatica, quod fieri potest, vltanda est. In the construction of instruments, bad grammar is to be avoided as much as possible. 6 Coke, 39; 2 Pars. Cont. 26. IN EXTENSO. In extension; at full length; from beginning to end, leaving out nothing.

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