Blacks Law Dict. 1st ed

RES SACR^E

RES INTER ALIOS ACTA 1029

RES NOVA. A new matter; a new case; a question not before decided. RES NULLIUS. The property of no body. A thing which has no owner, either because a former owner has finally aban doned it, or because it has never been appro priated by any person, or because (in the Ro man law) it is not susceptible of private own ership. Res per pecuniam sestimatur, et non pecunia per rem. 9 Coke, 76. The value of a thing is estimated according to its worth in money, but the value of money is not es timated by reference to a thing. RES PERIIT DOMINO. A phrase used to express that, when a thing is lost or de stroyed, it is lost to the person who was the owner of it at the time. Broom, Max. 238. RES P R I V A T E . In the civil law. Things the property of one or more individ uals. Mackeld. Bom. Law, § 157. Res propria est quse communis non est. A thing is private which is not common. 8 Paige, 261, 270. RES PUBLICS. Things belonging to the public; public property; such as the sea, navigable rivers, highways, etc. Res quae intra prsesidia perduetse non dum sunt, quanquam ab hostibus occu patse, ideo postliminii non egent, quia dominum nondum maturunt ex gentium jure. Things which have not yet been in troduced within the enemy's lines, although held by the enemy, do not need thefictionof postliminy on this account, because their ownership by the law of nations has not yet changed. Gro. de Jure B. 1. 3, c. 9, § 16; Id. 1. 3, c. 6, § 3. RES QUOTIDIANS. Every-day mat ters; familiar points or questions. RES RELIGIOSE. Things pertaining to religion. In Roman law, especially, burial places, which were regarded as sacred, and could not be the subjects of commerce. Res sacra non recipit eestimationem. A sacred thing does not admit of valuation. Dig. 1, 8, 9, 5. RES SACR^l. In the civil law. Sacred things. Things consecrated by the pontiffs to the service of God; such as sacred edifices, and gifts or offerings. Inst. 2,1, 8. Chalices, crosses, censers. Bract, fol. 8.

those points of law which have not been de cided, which are untouched by dictum or de cision. 3 Mer. 269. RES INTER ALIOS ACTA. A thing done between others, or between third par ties or strangers. Res inter alios aeta alter! nocere non debet. Things done between strangers ought not to injure those who are not parties to them. Co. Litt. 132; Broom, Max. 954, 967. Res inter alios judicatse nullum aliis prsejudicium faeiunt. Matters adjudged In a cause do not prejudice those who were not parties to it. Dig. 44, 2, 1. RES I P S A LOQUITUR. The thing speaks for itself. A phrase used in actions for injury by negligence where no proof of negligence is required beyond the accident itself, which is such as necessarily to involve negligence; e. g., a collision between two trams upon a railway. Wharton. RES JUDICATA. A matter adjudged; a thing judicially acted upon or decided; a thing or matter settled by judgment. A phrase of the civil law, constantly quoted in the books. 2 Kent, Comm. 120. Res judicata facit ex albo nigrum; ex nigro, album; ex curvo, rectum; ex recto, curvum. A thing adjudged makes white, black; black, white; the crooked, straight; the straight, crooked. 1 Bouv. Inst. no. 840. Res judieata pro veritate dccipitur. A matter adjudged is taken for truth. Dig. 50, 17, 207. A matter decided or passed upon by a court of competent jurisdiction is received as evidence of truth. 2 Kent, Comm. 120. RES MANCTPI. In Roman law. Cer tain classes of things which could not be aliened or transfeired except by means of a certain formal ceremony of conveyance called "mancipatio," (q. v.) These included land, houses, slaves, horses, and cattle. All other things were called "res nee mancipi." The distinction was abolished by Justinian. RES MOBILES. In the civil law. Movable things; things which may be trans ported from one place to another, without in jury to their substance and form. Things corresponding with the chattels personal of the common law. 2 Kent, Comm. 347.

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