KFLCC Kingdom Law 2nd Ed.

600

IN CONSUETUDINIBUS

IN BANCO

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 civilians ministerinm excnsat, in criminalibns 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 loons conjectnris. In things obvious there is no room for conjec ture. 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 commandite." Civil Code La. art. 2810. In commodato hseo pactio, ne doln* prsestetnr, 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 COMMON. Shared in respect to title, use, or enjoyment, without apportionment or division into individual parts; held by sever al for the equal advantage, use, or enjoy ment of all. See Hewit v. Jewell, 59 Iowa, 37, 12 N. W. 738; Chambers v. Harrington, 111 U. S. 350, 4 Sup. Ct. 428, 28 L. Ed. 452; Walker v. Dunshee, 38 Pa. 439. IN COMMUNI. In common. Fleta, lib. 3, c. 4, § 2. In conjnnctivis, oportet ntramqne par tem esse veram. In conjunctives it is nec essary 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 CONSIDERATIONS INDE. In con sideration thereof. 3 Salk. 64, pi. 5. IN CONSIDERATIONS LEGIS. In con sideration or contemplation of law; in abey ance. Dyer, 102&. IN CONSIDERATIONS PREMISS OR UM. 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 consnetndinibns, non diuturnitas temporis sed soliditas rationis est consid eranda. In customs, not length of time,

ecutor, administrator, or trustee sues in autre droit. IN BANCO. In bank; in the bench. A term applied to proceedings in the court in bank, as distinguished from proceedings at nisi prius. Also, in the English court of com mon bench. IN BEING. In existence or life at a giv en moment of time, as, in the phrase "life or lives in being" in the rule against per petuities. An unborn child may, in some circumstances be considered as "in being." Phillips v. Herron, 55 Ohio St. 478, 45 N. B. 720; Hone v. Van Schaick, 3 Barb. Ch. (N. T.) 509. IN BLANK. A term applied to the in dorsement of a bill or note where it consists merely of the indorser's name, without re striction to any particular indorsee. 2 Stepb.. Comm. 164. Among the goods or prop erty; in actual possession. Inst. 4, 2, 2. In bonis defuncti, among the goods of the de ceased. IN BULK. As a whole; as an entirety, without division into items or physical sep aration in packages or parcels. Standard Oil Co. v. Com., 119 Ky. 75, 82 S. W. 1022; Fitz Henry v. Munter, 33 Wash. 629, 74 Pac. 1003; State v. Smith, 114 Mo. 180, 21 S. W. 493. IN CAMERA. 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 casn extremse necessitatis omnia snnt commnnia. Hale, P. C. 54. In cases of extreme necessity, everything is in com mon. IN CAST! PROVISO. In a (or the) case provided. In tali casu editum et provisum, in such case made and provided. Townsh. PI. 164, 165. IN CAUSA. In the cause, as distinguish ed from in initiations, (q. v.) A term in Scotch practice. 1 Brown, Ch. 252. IN BONIS.