Blacks Law Dict. 1st ed

BEBUM SUABUM, ETC.

BES INTEGBA

1028

sively acquired as a whole, e. g., light and air. Inst. 2, 1, 1; Mackeld. Bom. Law, §169. RES CONTROVERSY In the civil law. A matter controverted; a matter in controversy; a point in question; a question for determination. Calvin. RES CORONiE. In old English law. Things of the crown; such as ancient man ors, homages of the king, liberties, etc. Fleta, lib. 3, c. 6, § 3. RES CORPORALES. In the civil law. Corporeal things; things which can be touched, or are perceptible to the senses. Dig. 1, 8,1,1; Inst. 2,2; Bract, fols. 76,106, 136. Res denominatur a principali parte. 9 Coke, 47. The thing is named from its principal part. Res est misera ubi jus est vagum et incertum. 2 Salk. 512. It is a wretched state of things when law is vague and mu table. RES FTJNGIBILES. In the civil law. Fungible things, (g. v.) RES FURTIVE. In Scotch law. Goods which have been stolen. Bell. Res generalem habet signiflcationem quia tarn corporea quam mcorporea, cujuscunque sunt generis, naturae, sive speciei, comprehendit. 3 Inst. 182. The word "thing" has a general signification, be cau'se it compiehends corporeal and incor poreal objects, of whatever nature, sort, or species. RES GEST-a3. Things done; transac tions; essential circumstances surrounding the subject. The circumstances, facts, and declarations which grow out of the mam fact, are contemporaneous with it, and serve to illustrate its character. 46 Conn. 464. RES IMMOBILES. In the civil law. Immovable things; including land and that which is connected therewith, either by nat ure or art, such as trees and buildings. Mackeld. Rom. Law, § 160. RES INCORPORALES. In the civil law. Incorporeal things; things which cannot be touched; such as those things which consist in right. Inst. 2, 2; Bract, fols. 76, 106. Such things as the mind alone can perceive. RES INTEGRA. A whole thing; a new or unopened thing. The term is applied to

Rerum suarum quilibet est moderator et arbiter. Every one is the regulator and disposer of his own property. Co. Litt. 223a. RES. Lat. In the civil law. A thing; an object. As a term of the law, this word has a very wide and extensive signification, including not only things which are objects of property, but also such as are not capable of individual ownership. See Inst. 2, 1, pr. And in old English law it is said to have a general import, comprehending both corporeal and incorporeal things of whatever kind, nature, or species. 3 Inst. 182. See Bract, fol. 76. By "res," according to the modern civil ians, is meant everything that may form an object of rights, in opposition to "per' 8ona," which is regarded as a subject of rights. "Res," therefore, in its general meaning, comprises actions of all kinds; while in its restricted sense it comprehends every object of right, except actions. Mackeld. Bom. Law, § 146. This has refer ence to the fundamental division of the In stitutes, that all law relates either to per sons, to things, or to actions. Inst. 1,2,12. In modern usage, the term is particularly applied to an object, subject-matter, or status, considered as the defendant in an action, or as the object against which, directly, proceed ings are taken. Thus, in a prize case, the captured vessel is "the res." And proceed ings of this character are said to be in rem. (See IN PERSONAM; IN BEM.) "lies" may also denote the action or proceeding, as when a cause, which is not between adveisary par ties, is entitled "In re ." Res accendent lumina rebus. One thing throws light upon others. 4 Johns. Ch. 149. RES ACCESSORIA. In the civil law. An accessory thing; that which belongs to a principal thing, or is in connection with it. Res aceessoria sequitur rem principa lem. Broom, Max. 491. The accessory fol lows the principal. RES ADJUDICATA. See BES JUDI CATA. RES CADUCA. In the civil law. A fallen or escheated thing; an escheat. Hal lifax, Civil Law, b. 2, c. 9, no. 60. RES COMMUNES. In the civil law. Things common to all; that is, those things which are used and enjoyed by every one, even in single parts, but can never be exclu

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