Legal Definition and Related Resources of In
Meaning of In
(Law Fr. eins). A term used, from a very early period, to. express the nature of a title, or the mode of acquiring an estate, or the ground upon which a seisin U founded. Thus, in Littleton, a tenant is said to be “in by lease of his lessor” (eins per lease son lessor) , that is, his title or estate is derived from the lease. Litt. § 82. So, parceners are said to be “in by divers descents.” Id. § 313. So, the issue of a husband is said to be “in by descent” (eins per discent). Id. § 403. So, two sisters are said to be “in by divers titles,” Id. i 662. So, in modern law, parties are constantly said in the books to be “in by descent,” “in by purchase.” A dowress is said to be “in, of the seisin of her husband.” 4 Kent, Comm. 69. A devisor is said to be “in, of his old estate.” 1 Powell, Devises (by Jarman) 621, note. So, a lessor. Shaw, C. J., 1 Mete. (Mass.) 120. “If he has a freehold, he is in as freeholder. If he has a chattel interest, he is in as a termor. If he has no title, he is in as a trespasser.” Lord Mansfield, 1 Burrows, 114.
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Concept of In
Traditional meaning of in [1]: In; into; in possession. In adversum: against an adverse or unwilling party. In aequali jure, melior [potior] est conditio possidentis [defendentis]: in equal right, the possessor [defendant] has the better condition [position]. In aequali manu (in equal hand): in the hands of a third person. In alieno solo: on another’s land. In alio loco: in another place; see CEPIT. In ambigua voce legis ea potius accipienda est significatio quae vitio caret: in an ambiguous expression of law, that meaning should be taken which works no wrong. In Anglia non est interregnum: in England there is never any interregnum. In antea: henceforth. In aperta luce: in open daylight. In arbitrio alieno: in the discretion of another. In arbitrio judicis: in the discretion of the judge. In arcta et salva custodia: in close and safe custody. In articulo mortis: at the point of death. In banco: in banc. In bonis defuncti: among the goods of the deceased. In camera: a hearing in private. In capita: to the polls; see 3rd Book (“Of Private Wrongs”), Blackstone’s Commentaries on the Laws of England 361. In capite: in chief; see CAPUT. In casu consimili: in like case; see ACTION ON THE CASE. In casu consimili, proviso: see CASU. In casu extremae necessitatis omnia sunt communia: in cases of extreme necessity, all is common property. In commendam: in commendation; see COMMENDUM. In communi: in common. In consideratione inde: in consideration thereof. In consideratione legis: in contemplation of law; in abeyance. In consimili casu consimile debet esse remedium: in like cases the remedy should be similar. In consuetudinibus non diuturnitas temporis sed solidatas rationis est consideranda: in customs, not the length of time, but the strength of the reason should be considered. In continenti: immediately. In contractibus tacite insunt quae sunt moris et consuetudinis: in contracts matters of custom and usage are tacitly implied. In conventionibus contrahentium voluntatem potius quam verba spectari placuit: in agreements it is better to regard the will of the parties than the mere words. In corpore: in body; in substance. In crastino animarum: on the morrow of All Souls’ ; see 1st Book (“The Rights of Persons”), Blackstone’s Commentaries on the Laws of England 342. In criminalibus sufficit generalis malitia intentionis cum facto paris gradus: in criminal cases a general malice [of intention] is sufficient [if coupled] with an act of equal degree [of wrong]. In cujus rei testimonium: in testimony whereof. In curia: in court. In custodia legis: in custody of the law; see 10 Pet. 400. In damno: in damage. In defenso: in prohibition; enclosed. In delicto: in fault; guilty. In descendu: by descent; see FORMEDON. In diem: for a day. In disjunctivis suificit alteram partem esse veram: in disjunctive [conditions] it is enough that either part be true [happen, be performed]. In dominico: in demesne. In dominico sue ut de feodo: in his demesne as of fee. In dorso: on the back; see 2nd Book (“The Rights of Things”), Blackstone’s Commentaries on the Laws of England 468. In dubio, in dubiis: in doubt, in uncertainties. In dubiis benigniora praeferenda sunt: in doubt the more favorable views are to be preferred. In dubio pars mitiora est sequenda: in doubt the milder course is to be preferred. In dubiis non praesumitur pro testamento: in cases of doubt there is no presumption in favor of a will. In duplo, in duplum: in double, for the double value. In duriorem sortem (to the harder lot): to the more burdensome debt. In eo quod plus sit semper inest et minus: in that which is greater the less is always contained. In est de jure: it is implied of right or by law. In esse: in being. In essentialibus: in the essential parts. In excambio: in exchange. In exitu: in issue ; at the end. In extenso: in its full extent. In extremis: in the last extremity [dying]. In facie curiae: before court. In facie ecclesiae: in the face of the church; see 2nd Book (“The Rights of Things”), Blackstone’s Commentaries on the Laws of England 103. In faciendo (in doing): for the performance. In facto: in fact; in deed. In favorem libertatis: in favor of liberty. In favorem vitae omnia praesumuntur: all things are presumed in favor of life. In feodo: in fee. In fictione juris semper subsistit aequitas: in a fiction of law there always remains [must exist some] equity. In fieri: in becoming; in being done; imperfect; incomplete; see 3rd Book (“O
f Private Wrongs”), Blackstone’s Commentaries on the Laws of England 407. In flagrante delicto: in the heat of the offence. In forma pauperis: in the character of a pauper. In foro: in the tribunal, or court; see FORUM. In fraudem legis: in fraud of the law. In futuro: in future; at a future time; see 2nd Book (“The Rights of Things”), Blackstone’s Commentaries on the Laws of England 166, 175. In genere: in kind. In gremio legis: in the bosom of the law; in abeyance. In hac parte: in this behalf . In haec verba: in these words. In hunc modum: after this manner. In individuo: in distinct form; in the piece. In initio, initialibus: in the beginning; the preliminaries. In integrum: anew; to the original or complete state. In invitum: against an unwilling party. In itinere: on the way; see ASSIZE. In judicio: before a judge; in court. In judicio non creditur nisi juratis: in court belief is only given to persons sworn. In jure: in law. In jure non remota causa sed proxima spectatur: in law the nearest, not the remote, cause is regarded. In jure alterius: in the right of another. In jure proprio: in one’s own right. In jus vocare: to summon to court; see 3rd Book (“Of Private Wrongs”), Blackstone’s Commentaries on the Laws of England 279. In lecto: on the death-bed. In libera eleemosyna: in frankalmoign. In libero soccagio: in free socage. In limine: on the threshold; at the outset. In linea recta: in the direct line. In loco parentis: in the place of a parent. In majore summa continetur minor: in the greater sum is contained the lesser. In maleficiis voluntas spectatur non exitus: in crimes the intent, not the result, is regarded. In maleficio ratihabitio mandate comparatur: in a wrongful act a ratification is held as a command. In mero jure: of mere right. In misericordia: in mercy, q. v . In mitiori sensu: in the milder sense. In mora: in default; in delay. In mortua manu: in dead hand; in mortmain; see 1st Book (“The Rights of Persons”), Blackstone’s Commentaries on the Laws of England 479. In nubibus (in the clouds): in abeyance. In nullius bonis: in the property of no one. In nullo est erratum (in nothing has there been error): the name of the plea of joinder in error. In octavis: on the octave, an ancient return-day. In odium spoliatoris: to the hatred [prejudice] of the despoiler. In odium spoliatoris omnia praesumimtur: every presumption is made against a wrong-doer. In omnibus: in all things; in all points. In omnibus pcenalibus judiciis et aetati et imprudentiae succunitur: in all penal judgments youth and want of understanding are favored. In ore: in the mouth. In pace Dei et regis: in the peace of God and the King. In pari casu: in a similar condition. In pari delicto potior est conditio possidentis [defendentis]: where the fault is equal the party in possession [defendant] shall prevail. In pari materia: upon the same subject; see 7 Conn. 456. In patiendo: in permitting; in suffering. In pendente: in suspension. In perpetuum: forever. In perpetuam rei memoriam: in perpetual memory of a matter. In perpetuum rei testimonium: for perpetual testimony of the thing; see 1st Book (“The Rights of Persons”), Blackstone’s Commentaries on the Laws of England 86. In personam: against the person. In pios usus: for religious purposes; see 3rd Book (“Of Private Wrongs”), Blackstone’s Commentaries on the Laws of England 505. In plena vita: in full life. In pleno comitatu: in the full county court; see 3rd Book (“Of Private Wrongs”), Blackstone’s Commentaries on the Laws of England 36. In poenalibus causis, benignius interpretandum est: in penal cases the more favorable interpretation should be made. In posse: in possibility. In posterum: hereafter. In potestate parentis: in the power of a parent; see 2nd Book (“The Rights of Things”), Blackstone’s Commentaries on the Laws of England 498. In praesenti: at the present time; see 4 La. Ann. 347. In praesentia majoris cessat potentia minoris: in the presence of the superior the power of the inferior ceases. In principio: at the beginning. In propria persona: in proper person; in one’s own person. In proximo gradu: in the nearest degree. In quantum lucratus est: in so far as he has profited. In quindena: in fifteen days, an old return-day. In quo quis delinquit, in eo de jure est puniendus: in that in which he offends, he may lawfully be punished. In quovis: in whatever. In re: in the matter; in the affair; see AD REM. In re aliena: in the affairs of another; in another’s property. In re propria: in one’s own affairs. In rebus: in matters; in cases. In rem: against the thing; see AD REM. In rem suam: in one’s own affairs. In rem versum: employed in one’s own profit; actually used in one’s own affairs. In rerum natura: in the nature of things. In retentis (in things held back): to be kept back until wanted; taken and preserved secretly. In rigore juris: in the rigor of the law. In rixa: in a quarrel. In scaccario: in the exchequer. In solido (in the whole): for the full amount; for the entire obligation; jointly and severally. In solidum: for the whole; as a whole; exclusively. In solo proprio: in one’s own land. In solutum: in payment. In spe: in hope; in expectation. In specie ; in kind; in the same form; specific. In statu quo ante bellum: in the state in which [the matter was] before the war. In stipulationibus id tempus spectatur quo contrahimus: in agreements the time in which we contract is regarded. In stipulationibus quum queritur quid actum sit,verba contra stipulatorem interpretanda sunt: in contracts where there arises a question as to what was done, the words are to be taken against the (stipulator) person to whom the promise is made. In stirpes: according to roots, or stocks; see STIRPS; PER STIRPES. In stricto jure: in strict law. Insubsidium: in aid. Insubstantialibus: of a substantial nature. In summa: in sum; on the whole. In suo genere: of their own kind. In superficie: in the surface. In suspenso: in suspense. In tantum: insomuch; forasmuch. In terminis terminantibus: in terms of determination. In terrorem (in terror): by way of threat. In totidem verbis: in so many words. In toto: entirely; as to the whole. In toto et pars continetur: in the whole is contained the part also. In traditionibus scriptorum, non quod dictum est, sed quod gestum, inspicitur: in the deliveiy of deeds, not what is said, but what is done, is regarded. In transitu: in transit; during conveyance; see STOPPAGE. In tuto: in safety. In utero: in the womb. In vadio: in gage or pledge. In vinculis: in chains. In vita: in life.
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Notes and References
- Based on A concise law dictionary of words, phrases and maxims, “In”, Boston: Little, Brown, and Company, 1911, United States. This term and/or definition may be absolete. It is also called the Stimson’s Law dictionary, based on a glossary of terms, included In.
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