AD TUNC ET IBIDEM. In Pleading.
The technical name of that part of an ment containing the statement of the sub "then and there being found." Bacon, Abr. Indictment, G 4 ; 1 No. C. 93.
2. In an indictment, the allegation of time and place must be repeated in the averment of every distinct material fact; but after the day, year, ar.d place have once been stated with certainty, it is afterwards, in subsequent allegations, sufficient to refer to them by the words et ad tune et ibidem, and the effect of these words is equivalent to an actual repetition of the time and place. The ad tune at ibidem must be added to every material fact in an indictment. Staund. 95. Thus, an indictment which alleged that J. S. at a certain time and place made an assault upon J. N., at earn cum gladio felonicb pereussit, was held had, because it was not said, ad tune et ibidem percuesit. Dy. 68, 69. And where,
in an indictment for murder, it was stated that J. S. at a certain time and place, having a sword is his right hand, percussit J. N., without saying ad tune at ibidem percussit, it was held insufficient; for the time and place laid related to the having the sword, and consequently it was not °aid when or where the stroke was given. Croke, Eliz. 738; 2 Hale, Pl. Cr. 178. And where the indictment charged that A. B. at N., in the county aforesaid, made an assault upon C. D., of F., in the county aforesaid, and him ad tune at ibidetit quodam gladio percussit, this indictment was held to be bad, be cause two places being named before, if it referred to both, it was impossible; if only to one, it must be to the last, and then it was insensible. 2 Hale, P1. Cr. 180.