KFLCC Kingdom Law 2nd Ed.

605

IN PAIS

IN MORA

or refuses to return the thing loaned at the proper time is said to be in mora. Story, Bailm. §§ 254, 259. In Scotch law. A creditor who has be gun without completing diligence necessary for attaching the property of his debtor is Property owned by religious societies was said to be held in mortua manu, or in mortmain, since reli gious men were civiliter mortui. 1 Bl. Comm. 479; Tayl. Gloss. IN NOMINE DEI, AMEN. In the name of God, Amen. A solemn introduction, an ciently used in wills and many other instru ments. The translation is often used in wills at the present day. IN NOTIS. In the notes. In novo casn, novum remedium appo nendnm est. 2 Inst. 3. A new remedy is to be applied to a new case. IN NUBIBUS. In the clouds; in abey ance; in custody of law. In nubibus, in mare, in terra, vel in custodia legis, in the air, sea, or earth, or in the custody of the law. Tayl. Gloss. In case of abeyance, the inheritance is figuratively said to rest in nu bibus, or in gremio legis. IN NUIXIUS BONIS. Among the goods or property of no person; belonging to no person, as treasure-trove and wreck were anciently considered. IN NTJIiLO EST ERRATUM. In noth ing is there error. The name of the common plea or joinder in error, denying the exist ence of error in the record or proceedings; which is in the nature of a demurrer, and at once refers the matter of law arising thereon to the judgment of the court. 2 Tidd, Pr. 1173; Booth v. Com., 7 Mete. (Mass.) 285, 287. In obscura voluntate manumittentis, favendnm est libertati. Where the ex pression of the will of one who seeks to man umit a slave is ambiguous, liberty is to be favored. Dig. 50, 17, 179. In obsenris, inspici solere quod veri similius est, ant qnod plerumque fieri solet. In obscure cases, we usually look at what is most probable, or what most com monly happens. Dig. 50, 17, 114. In obsenris, qnod minimum est sequi mnr. In obscure or doubtful cases, we fol lpw that which is the least Dig. 50, 17, 9; 2 Kent, Comm. 557. IN ODIUM SPOLIATORIS. In hatred of a despoiler, robber, or wrong-doer. The said to be in mora. Bell. IN MORTUA MANU.

Saratoga, 1 Gall. 174, Fed. Cas. No. 12,355; Arthur v. The Cassius, 2 Story, 99, Fed. Cas. No. 564. 1 Greenl. Ev. § 348. In odium spoliatoris omnia prsesumun tnr. To the prejudice (in condemnation) of a despoiler all things are presumed; every presumption is made against a wrongdoer. 1 Vern. 452. In omni actione nbi duse conenrrnnt districtiones, videlicet, in rem et in per sonam, ilia districtio tenenda est quae magis timetur et magis ligat. In every action where two distresses concur, that is, in rem and in personam, that is to be chosen which is most dreaded, and which binds most firmly. Bract fol. 372; Fleta, 1. 6, c. 14, §28. In omni re nascitnr res quae ipsam rem exterminat. In everything there arises a thing which destroys the thing itself. Everything contains the element of its own destruction. 2 Inst. 15. IN OMNIBUS. In all things; on all points. "A case" parallel in omnibus." 10 Mod. 104. In omnibus contractibus, sive nomi natis sive innominatis, permutatio con tinetur. In all contracts, whether nominate or innominate, an exchange [of value, i. e., a consideration] is implied. Gravin. lib. 2, § 12; 2 Bl. Comm. 444, note. In omnibus obligationibus in quibus dies non ponitur, prsesenti die debetur. In all obligations in which a date is not put, the debt is due on the present day; the lia bility accrues immediately. Dig. 50, 17, 14. In omnibus [fere] poenalibus judiciis, et setati et imprudentiae succurritur. Ic nearly all penal judgments, immaturity of age and imbecility of mind are favored. Dig. 50, 17, 108; Broom, Max. 314. In omnibus quidem, maxime tamen in jure, sequitas spectanda sit. In all things, but especially in law, equity is to be regarded. Dig. 50, 17, 90; Story, Bailm. § 257. IN PACATO SOLO. In a country which is at peace. IN PACE DEI ET REGIS. In the peace of God and the king. Fleta, lib. 1, c. 31, § 6. Formal words in old appeals of murder. IN PAIS. This phrase, as applied to a legal transaction, primarily means that it has taken place without legal proceedings. Thus a widow was said to make a request in pais for her dower when she simply applied to the heir without issuing a writ (Co. Litt. 326.) So conveyances are divided into those by matter of record and those by mat-