Blacks Law Dict. 1st ed

IN WITNESS WHEREOF

IN STIPULATIONIBUS, ETC.

609

looked to; so hard is it to recede from the words by guessing at the intention. IN TESTIMONIUM. Lat. In wit ness; in evidence whereof. IN TOTIDEM VERBIS. In so many words; in precisely the same words; word for word. IN TOTO. In the whole; wholly; com pletely; as the award is void in toto. In toto et pars continetur. In the whole the part also is contained. Dig. 50, 17, 113. In traditionibus soriptorum, non quod dictum est, sed quod gestum est, inspi citur. In the delivery of writings, not what is said, but what is done, is looked to. 9 Coke, 137a. IN TRAJECTU. In the passage over; on the voyage over. See Sir William Scott, 3 C. Rob.' Adm. 141. IN TRANSITU. In transit; on the way or passage; while passing from one person or place to another. 2 Kent, Comm. 540-552. On the voyage. 1 C. Rob. Adm. 338. IN VACUO. Without object; without concomitants or coherence. IN VADIO. In gage or pledge. 2 Bl. Comm. 157. IN VENTRE SA MERE. L. Fr. In his mother's womb; spoken of an unborn child. In veram quantitatem fldejussor tene atur, nisi pro certa quantitate accessit. Let the surety be holden for the true quan tity, unless he agree for a certain quantity. 17 Mass. 597. In verbis, non verba, sed res et ratio, quserenda est. Jenk. Cent. 132. In the construction of words, not the mere words, but the thing and the meaning, are to be in quired after. IN VINCULIS. -In chains; in actual custody. Gilb. Forum Rom. 97. Applied also, figuratively, to the condition of a person who is compelled to submit to terms which oppression and his necessities impose on him. 1 Story, Eq. Jur. § 302. IN VIRIDI OBSERVANTIA. Pres ent to the minds of men, and in full force and operation. IN WITNESS WHEREOF. The ini tial words of the concluding clause in deeds: "In witness whereof the said parties have

terpretanda aunt. In the construction of agreements words are interpreted against the person using them. Thus, the construction of the 8tipulatio is against the stipulator, and the construction of the promissio against the promissor. Dig. 45, 1, 38, 18; Broom, Max. 599. In stipulatlonibus, id tempus specta tur quo contrahimus. In stipulations, the time when wecontract is regarded. Dig. 50, 17, 144, 1. IN STIBPES. In the law of intestate succession. According to the roots or stocks; by representation; as distinguished from succession per capita. See PER STIRPES; PER CAPITA. IN SUBSIDIUM. In aid. In suo quisque negotio hebetior est quam in alieno. Every one is more dull in his own business than in another's. IN TANTUM. In so much; so much; so far; so greatly. Beg. Orig. 97, 106. IN TERMINIS TERMINANTIBUS. In terms of determination; exactly in point. 11 Coke, 406. In express or determinate terms. 1 Leon. 93. IN TERROREM. In terror or warn ing; by way of threat. Applied to legacies given upon condition that the recipient shall not dispute the validity or the dispositions of the willf such a condition being usually re garded as a mere threat. IN TERROREM POPULI. Lat. To the terror of the people. A technical phrase necessary in indictments for riots. 4 Car. & P. 373. In testamentis plenius testatoris in tentionem scrutamur. In wills we more especially seek out the intention of the testa tor. 3 Bulst 103; Broom, Max. 555. In testamentis plenius voluntates tes tantium interpretantur. Dig. 50, 17, 12. In wills the intention of testatois is more es pecially regarded. "That is to say," says Mr. Broom, (Max., 568,) "a will will receive a more liberal construction than its strict meaning, if alone considered, would permit." In testamentis ratio tacita non debet considerari, sed verba solum spectari debent; adeo per divinationem mentis a verbis recedes durum est. In wills an unexpressed meaning ought not to be con sidered, but the words alone ought to be AM.DICT.LAW—39

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