IN COMMENDAM. The state or condition of a church living, which is void or vacant, and it is commended to the care of some one. In, Louisiana, there is a species of partnership1 called a partnership in commendam. Vide Commendam.
IN CUSTODIA LEGIS. In the custody2 of the law. In general, when things are in custodia legis, they cannot be distrained, nor otherwise interfered3 with by a private person.
IN ESSE. In being. A thing in existence. It is used in opposition4 to enposse. A child in ventre sa mere6 is a thing in posse; after he is born, he is in esse. Vide 1 Supp. to Ves. jr. 466; 2 Suppl. to Ves. jr. 155, 191. Vide Posse.
IN EXTREMIS. This phrase is used to denote the end of life; as, a marriage in extremis, is one made at the end of life. Vide Extremis.
IN FACIENDO. In doing, or in feasance. 2 Story, Eq. Jurisp. 1308.
IN FAVOREM LIBERTATIS. In favor of liberty.
IN FAVOREM VITAE. In favor of life.
IN FIERI. In the course of execution; a thing commenced but not completed. A record is said to be in fieri during the term of the court, and, during that time, it may be amended7 or altered at the sound discretion8 of the court. See 2 B. Adol. 971.
IN FORMA PAUPERIS. In the character or form of a pauper9. In England, in some cases, when a poor person cannot afford to pay the cosplayts of a suit as it proceeds, he is exempted10 from such payment, having obtained leave to sue in forma pauperis.
IN FORO CONSCIENTIAE. Before the tribunal of conscience; conscientiously11. This term is applied12 in opposition, to the obligations which the law enforces.
2. In the sale of property, for example, the concealment13 of facts by the vendee which may enhance the price, is wrong in foro conscientiae, but there is no legal obligation on the part of the vendee to disclose them, and the contract will be good if not vitiated by fraud. Poth. Vent5. part 2, c. 2, n. 233; 2 Wheat. 185, note c. 20
IN FRAUDEM LEGIS. In fraud of the law. Every thing done in fraudem legis is void in law. 2 Ves. sen. 155, 156 Bouv. Inst. n. 585, 3834.
