Blacks Law Dict. 1st ed

606

IN PCENALIBUS CAUSIS, ETC.

IN PAR! CAUSA

rected against or with reference to a specific person, while an act or proceeding in rent was one done or directed with reference to no specific person, and consequently against or with reference to all whom it might con cern, or "all the world." The phrases were especially applied to actions; an actio inper sonam being the remedy where a claim against a specific person arose out of an ob ligation, whether ex contractu or ex male* ftcio, while an actio in rem was one brought for the assertion of a right of property, ease ment, status, etc., against one who denied or infringed it. See Inst. 4, 6, 1; Gaius, 4, 1* 1-10; 5 Sav. Syst. 13, et seq.; Dig. 2,14, 7, 8; Id. 4, 2, 9, 1. From this use of the terms, they have come to be applied to signify the antithesis of "available against a particular person," and "available against the world at large." Thus, jura in personam are rights primarily avail able against specific persons; jura in rem , rights only available against the world at large. So a judgment or decree is said to be in rem when it binds third persons. Such is the sen tence of a court of admiralty on a question of prize, or a decree of nullity or dissolution of marriage, or a decree of a court in a foreign country as to the status of a person domiciled there. Lastly, the terms are sometimes used to signify that a judicial proceeding operates on a thing or a person. Thus, it is said ot the court of chancery that it acts in perso nam, and not in rem, meaning that its de crees operate by compelling defendants to do what they are ordered to do, and not by pro ducing the effect directly. Sweet. In personam actio est, qua onm eo agimus qui obligatus est nobis ad faci endum aliquid vel dandum. The action in personam is that by which we sue him who is under obligation to us to do something or give something. Dig. 44, 7, 25; Bract. 1016. IN PIOS USUS. For pious uses; fot religious purposes. 2 Bl. Comm. 505. IN PLENA VITA. In full life. Yearb, P. 18 Hen. VL 2. IN PLENO COMITATU. In fall county court. 8 Bl. Comm. 36. IN PLENO LUMINE. In public; to common knowledges in the light of day. In poenalibus causis benignius inter pretandum est. In penal causes or cases,.

rows, 1098. Probably from the circumstance of the record being always on parchment. The opposite of "on record." 1 Burrows, 322. IN PARI CAUSA. In an equal cause. In a cause where the parties on each side have equal rights. In pari causa possessor potior haberi debet. In an equal cause he who has the possession should be preferred. Dig. 50, 17, 128, 1. IN PARI DELICTO. In equal fault; equally culpable or criminal; in a case of equal fault or guilt. In pari delicto potior est conditio possidenti8, [defendentis.] In a case of equal or mutual fault [between two parties] the condition of the party in possession [or defending] is the better one. 2 Burrows, 926. Where each party is equally in fault, the law favors him who is actually in posses sion. Broom, Max. 290, 729. Where the fault is mutual, the law will leave the case as it finds it. Story, Ag. § 195. IN PARI MATERIA. Upon the same matter or subject. Statutes in pari materia are to be construed together. 7 Conn. 456. IN PATIBNDO. In suffering, permit ting, or allowing. IN PECTORE JUDICIS. In the breast of the judge. Latch, 180. A phrase applied to a judgment. IN PEJOREM PARTEM. In the worst part; on the worst side. Latch, 159, 160. IN PERPETUAM REI MEMORIAM. In perpetual memory of a matter; for pre serving a record of a matter. Applied to depositions taken in order to preserve the testimony of the deponent. IN PERPETUUM REI TESTIMO NIUM. In perpetual testimony of a matter; for the purpose of declaring and settling a thing forever. 1 Bl. Comm. 86. IN PERSON. A party, plaintiff or de fendant, who sues out a writ or other pro cess, or appears to conduct his case in court himself, instead of through a solicitor or counsel, is said to act and appear in person. IN PERSONAM, IN REM. In the Ro man law, from which they are taken, the ex pressions "in rem" and "in personam" were always opposed to one another, an act or pro ceeding in personam being one done or di

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