KFLCC Kingdom Law 2nd Ed.

599

IMPUTED

IN AUTRE DROIT

IMPUTED. Asused inlegal phrases, this word means attributed vicariously; that is, an act, fact, or quality Is said to be "imput ed" to a person when it is ascribed or charged to him, not because he is personally cognizant of it or responsible for it, but because an other person is, over whom he has control or for whose acts or knowledge he is re sponsible. —Imputed knowledge. This phrase is some times used as equivalent to "implied notice," i. e., knowledge attributed or charged to a per son (often contrary to the fact) because the facts in question were open to his discovery and it was his duty to inform himself as to them. See Roche v. Llewellyn Iron Works Co., 140 Gal. 663, 74 Pac. 147.—Imputed notice. In formation as to a given fact or circumstance charged or attributed to a person, and affecting his rights or conduct, on the ground that ac tual notice was given to some person whose duty was to report it to the person to be af fected, as, his agent or his attorney of record. —Imputed negligence. Negligence which is not directly attributable to the person himself, but which is the negligence of a person who is in privity with him, and with whose fault he is chargeable. Smith v. Railroad Co., 4 App. Div. 493, 38 N. Y. Supp. 666. IN. In the law 'of real estate, this prepo sition has always been used to denote the fact of seisin, title, or possession, and ap parently serves as an elliptical expression for some such phrase as "in possession," or as an abbreviation 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 personal things, which nevertheless are not in possession. See CHOSE IN ACTION. Against an adverse, unwilling, or resisting party. "A decree not by consent, but in adversum." 3 Story, 318. In sedificiis lapis male positns non est removendus. 11 Coke, 69. A stone badly placed in buildings is not to be removed. IN ADVERSUM. IN iEQUA MANTJ. In equal hand. Fle ta, lib. 3, c. 14, § 2. IN .S2QUALI JURE. In equal right; on an equality in point of right. In aequali jure melior est conditio pos sidentis. In [a case of] equal right the condition of the party in possession is the better. Plowd. 296; Broom, Max. 713. IN iEQUALI 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 waf said to be held in cequall manu. Beg. Orig. 28.

IN ALIENO SOLO. In another's land, 2 Steph. Comm. 20.

IN ALIO LOCO. In another place.

In alta proditione nnllus potest esse accessorins sed principalis solummodo. 3 Inst. 138. In high treason no one can be an accessary but only principal.

In alternativis electio est debitoris. In alternatives the debtor has the election.

In ambigua voce legis ea potius acci pienda est significatio quae vitio caret, prsesertim cum etiam voluntas legis ex hoc colligi possit. In an ambiguous ex pression of law, that signification is to toe preferred which is consonant with equity, especially when the spirit of the law can be collected from that Dig. 1, 3, 19; Broom, Max. 576. In ambiguis casibus semper prsesnmi tur pro rege. In doubtful cases the pre sumption is always in favor of the king. In ambiguis orationibns maadme sen tentia spectanda est ejus quieas 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 APERTA LUCE. In open daylight; In the day-time. 9 Coke, 656. IN APICIBUS JURIS. Among thesub tleties or extreme doctrines of the law. 1 Karnes, Eq. 190. See APEX JURIS. IN ARBITRIUM 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 ARTICULO MORTIS. In the arti cle of death; at the point of death. Jack son v. Vredenbergh, 1 Johns. (N. Y.) 159. In atrocioribus delictis punitur affec tus licet non sequatur effectus. 2 Rolle R. 82. In more atrocious crimes the intent is punished, though an effect does not follow. IN AUTRE DROIT. L. Fr. In anoth er's right As representing another. An ex-