KFLCC Kingdom Law 2nd Ed.

IN JUDICIIS

IN MORA

604

responsibilities. Wetherby v. Dixon, 19 Ves. 412; Brinkerhoff v. Merselis, 24 N. J. Law, 683; Capek v. Kropik, 129 111. 509, 21 N. E. 836. In maj ore gumma oontinetnr minor. 5 Coke, 115. In the greater sum is-contained the less. IN MAJOREM CAUTEXAM. For greater security. 1 Strange, 105, arg. IN MALAM PARTEM. In a bad sense, BO as to wear an evil appearance. In maleficiis voluntas spectatur, non exitus. In evil deeds regard must be had to the intention, and not to the result. Dig. 48, 8, 14; Broom, Max. 324. In maleficio, ratihabitio mandato com paratur. In a case of malfeasance, ratifica tion is equivalent to command. Dig. 50, 17, 152,2. In maxima potentia minima lioentia. In the greatest power there is the least free dom. Hob. 159. IN MEDIAS RES. Into the heart of the subject, without preface or introduction. IN MEDIO. Intermediate. A term ap plied, in Scotch practice, to a fund held be tween parties litigant. In mercibus illicitis non sit commer cium. There should be no commerce in il licit or prohibited goods. 3 Kent, Comm. 262, note. IN MERCY. To be in mercy is to be at the discretion of the king, lord, or judge in respect to the imposition of a fine or other punishment. IN MISERICORDIA. The entry on the record where a party was in mercy was, "Ideo in misericordia," etc. Sometimes "mis ericordia" means the being quit of all amerce ments. IN MITIORI SENSU. In the milder sense; in the less aggravated acceptation. In actions of slander, it was formerly the rule that, if the words alleged would admit of two constructions, they should be taken in the less injurious and defamatory sense, or in mitiori sensu. IN MODUM ASSISiE. In the manner or form of an assize. Bract, fol. 1836. In modum juratce, in manner of a jury. Id. fol. 1816. IN MORA. In default; literally, in de lay. In the civil law, a borrower who omits

In jndiciis, minori setati suecurritur. In courts or judicial proceedings, infancy is aided or favored. Jenk. Cent. 46, case 89. IN JTJDICIO. In Roman law. In the course of an actual trial; before a judge, (judex.) A cause, during its preparatory stages, conducted before the praetor, was said to be in jure; in its second stage, after it had been sent to a judex for trial, it was said to be in judicio. In judicio non creditor nisi juratis. Cro. Car. 64. In a trial, credence is given only to those who are sworn. IN JURE. In law; according to law. In the Roman practice, the procedure in an action was divided into two stages. The first was said to be in jure; it took place be fore the praetor, and included the formal and introductory part and the settlement of ques tions of law. The second stage was com mitted to the judex, and comprised the in vestigation and trial of the facts; this was said to be in judicio. right. Hale, Anal. § 26. In jure, non remota causa sed proari ma spectator. Bac. Max. reg. 1. In law, the proximate, and not the remote, cause is regarded. IN JURE PROPRIO. In one's own right. Hale, Anal. § 26. IN JUS VOCARE. To call, cite, or sum mon to court. Inst. 4, 16, 3; Calvin. In jus vocando, summoning to court. 3 Bl. Comm. 279. IN KIND. In the same kind, class, or genus. A loan is returned "in kind" when not the identical article, but one correspond ing and equivalent to it, is given to the lender. See IN GENEBE. IN IiAW. la the intendment, contem plation, or inference of the law; implied or inferred by law; existing in law or by force of law. See IN FACT. IN EECTO MORTAXI. On the death bed. Fleta, lib. 5, c. 28, § 12. IN LIMINE. On or at the threshold; at the very beginning; preliminarily. IN LITEM. For a suit; to the suit Greenl. Ev. § 348. IN IiOCO. In place; in lieu; instead; in the place or stead. Townsh. PI. 38. IN LOCO PARENTIS. In the place of a parent; instead of a parent; charged, facti tiously, with a parent's rights, duties, and IN JURE ALTERIUS. In another's