KFLCC Kingdom Law 2nd Ed.

609

IN VERAM QUANTITATEM

IN SOLO

In testamentis plenins testatoris in tentionem scrutamur. In wills we more especially seek out the intention of the tes tator. 3 Bulst. 103; Broom, Max. 555. In testamentis plenius voluntates tes tantium interpretantur. Dig. 50, 17, 12. In wills the intention of testators is more especially 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 recedere durum est. In wills an unexpressed meaning ought not to be con sidered, but the words alone ought to be looked to; so hard is it to recede from the words by guessing at the intention. IN TESTIMONIUM. Lat. In witness; 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 scriptorum, 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; More v. Lott, 13 Nev. 383; Amory Mfg. Co. v. Gulf, etc., R Co, 89 Tex. 419, 37 S. W. 856, 59 Am. St. Rep. 65. 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 verant quantitatem fidejussor tene atur, nisi pro oerta quantitate aceessit. Let the surety be holden for the true quan tity, unless he agree for a certain quantity, Bean v. Parker, 17 Mass. 597.

be several sureties, however numerous they may be, they are individually bound for the whole debt. Inst 3, 21, 4. In parte sive in solidum, for a part or for the whole. Id. 4, 1, 16. See Id. 4, 6, 20; Id. 4, 7, 2. IN SOLO. In the soil or ground. In solo alieno, in another's ground. In solo proprio, in one's own ground. 2 Steph. Comm. 20. IN SPECIE. * Specific; specifically. Thus, to decree performance in specie is to decree specific performance. In kind; in the same or like form. A thing is said to exist m specie when it re tains its existence as a distinct individual of a particular class. IN STATU' QUO. In the condition In which it was. See STATUS Quo. In stipnlationibns, com quseritur qnid actum sit verba contra stipulatorem in terpretanda sunt. In the construction of agreements words are interpreted against the person using them. Thus, the construc tion of the stipulatio is against the stipu lator, and the construction of the promissio against the promissor. Dig. 45, 1, 38, 18; Broom, Max. 599. In stipnlationibns, id tempns specta tnr qno contrahimus. In stipulations, the time when we contract Is regarded. Dig. 50, 17, 144, 1. IN STIRPES. In the law of intestate succession. According to the roots or stocks; by representation; as distinguished from succession per capita. See PEB STIBPES; PEB CAPITA. IN SUBSIDIUM. In aid. In sno qnisqne negotio bebetior est quant 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. Reg. Orig. 97, 106. IN TERMINIS TERMINANTIBUS. In terms of determination; exactly in point. 11 Coke, 40&. 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 will; such a condition being usually regarded as a mere threat. IN TERROREM POPUIX Lat. To the terror of the people. A technical phrase necessary in indictments for riots. 4 Car. & P. 373.

BL.LAW DICT.(2D ED.)—39