Blacks Law Dict. 1st ed

IN STIPULATION!BUS, ETC.

608

IN BEM

In satisfactionibus non permittitur amplius fieri quam semel factum est. In payments, more must not be received than has been received once for all. 9 Coke, 53. IN SCBINIO JUDICIS. In the writ ing-case of the judge; among the judge's pa peis. "That is a thing that rests in scrinie judicis, and does not appear in the body of the decree." Hardr. 51. IN SEPABALI. In several; in several ty. Fleta, lib. 2, c. 54, § 20. IN SIMILI MATEBIA. Dealing with the same or a kindred subject-matter. IN SIMPLICI PEBEGBINATIONE. In simple pilgrimage. Bract, fol. 338. A phrase in the old law of essoins. See IN GENEBALI PASSAGIO. IN SOLIDO. In the civil law. For the whole; as a whole. An obligation in solido is one where each of the several obligors ii liable for the whole; that is, it is joint and several. Possession in solidum is exclusive possession. When several persons obligate themselves to the obligee by the terms " in solido," or use any other expressions which clearly show that they intend that each one shall be sepa rately bound to perform the whole of the ob ligation, it is called an "obligation in solido" on the part of the obligors. Civil Code La. art. 2082. IN SOLIDUM. For the whole. Si plures sint fldejussores, quotguot erunt nu mero, singuli in solidum tenentur, if there be several sureties, however numerous they may be, they are individually bound for the whole debt. Inst. 3, 21, 4. In parte sivt in solidum, for a part or for the whole. Id. 4, 1, 16. See Id. 4, 6, 20; Id. 4, 7, 2. IN SOLO. In the soil or ground. In solo alieno, in another's ground. In solo proprio, in one's own ground. 2 Steph. Comm. 20. IN SPECIE. Specific; specifically. Thus, to decree performance in specie is to decree specific performance. In kind; in the same or like form. A thing is said to exist in specie when it re tains its existence as a distinct individual of a particular class. IN STATU QUO. In the condition la which it was. See STATUS QUO. In stipulationibus cum queeritur quid actum sit verba contra stipulatorem to

In things that are favorable to the spirit, though injurious to things, an extension of « statute should sometimes be made. IN BEM. A technical term used to des ignate proceedings or actions instituted against the thing, in contradistinction toper sonal actions, which are said to be in perso nam. See IN PERSONAM. It is true that, in a strict sense, a proceeding in rem is one taken directly against property, and has for its object the disposition of property, with out reference to the title of individual claimants; but, in a larger and more general sense, the terms are applied to actions between parties, where the direct object is to reach and dispose of property owned by them, or of some interest therein. Such are cases commenced by attachment against the property of debtors, or instituted to partition real estate, foreclose a mortgage, or enforce a lien. So far as they affect property in this state, they are substantially proceedings in rem in the broader •ense which we have mentioned. 95 U. S. 734. In rem actio est per quam rem nos tram quse ab alio possidetur petimus, et semper adversus eum est qui rem possi det. The action in rem is that by which we •seek our property which is possessed by an other, and is always against him who pos sesses the property. Dig. 44, 7, 25; Bract, fol. 102. IN BENDEB. A thing is said to lie in render when it must be rendered or given by the tenant; as rent. It is said to he in jprender when it consists in the right in the lord or other person to take something. In republica maxime conservanda sunt jura belli. In a state the laws of war are to be especially upheld. 2 Inst. 58. IN BEBUM NATUBA. In the nature of things; in the realm of actuality; in exist ence. In a dilatory plea, an allegation that the plaintiff is not in rerumnatura is equiv alent to averring that the person named is fictitious. 8 Bl. Comm. 301. In the civil law the phrase is applied to things. Inst. 2, 20, 7. In restitutionem, non in pcsnam hseres suceedit. The heir succeeds to the restitu tion, not to the penalty. An heir may be •compelled to make restitution of a sum un lawfully appropriated by the ancestor, but is not answerable criminally, as for a penalty. 2 Inst. 198. In restitutionibus benignissima inter pretatio facienda est. Co. Litt. 112. The most benignant interpretation is to be made in restitutions.

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