KFLCC Kingdom Law 2nd Ed.

IN PIOS USUS

606

IN PAPER

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 proceeding in personam being one done or directed against or with reference to a spe cific person, while an act or proceeding in rem was one done or directed with refer ence to no specific person, and consequently against or with reference to all whom it might concern, or "all the world." The phrases were especially applied to actions; an actio in personam being the remedy where a claim against a specific person arose out of an obligation, whether ex contractu or em maleficio, while an actio in rem was one brought for the assertion of a right of prop erty, easement, 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, 4, 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 available 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 sentence 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 of 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 producing the effect directly. Sweet. See Cross v. Armstrong, 44 Ohio St 613, 10 N. E. 160; Cunningham v. Shanklin, 60 Cal. 125; Hill v. Henry, 66 N. J. Eq. 150, 57 Atl. 555. In personam actio est, qua cum eo agimus qui obligatus est nobis ad faci endum aliquid Tel dandum. The actiot in personam is that by which we sue him who is under obligation to us to do some thing or give something. Dig. 44, 7, 25; Bract 1016. IN PIOS USUS. For pious uses; for re ligious purposes. 2 Bl. Comm. 505.

ter in pais. In some cases, however, "mat ters in pais" are opposed not only to "mat ters of record," but also to "matters In writ ing," *. e., deeds, as where estoppel by deed is distinguished from estoppel by matter in pais. (Id. 352a.) Sweet. IN PAPER. A term formerly applied to the proceedings in a cause before the rec ord was made up. 3 Bl. Comm. 406; 2 Bur 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 ease of equal fault or guilt See Rozell v. Vansyckle, 11 Wash. 79, 39 Pac. 270. In pari delicto potior est conditio pos sidentis, [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 possession., Broom, Max. 290, 729. Where the fault is mutual, the law will leave the case as it finds it. Story, Ag. § 195. Upon the same matter or subject. Statutes in pari materia are to construed together. United Society v. Eagle Bank, 7 Conn. 457; State v. Ger hardt, 145 Ind. 439, 44 N. B. 469, 33 L. R. A. 313; People v. New York Gent. By. Co., 25 Barb. (N. Y.) 201; Sales v. Barber Asphalt Pav. Co., 166 Mo. 671, 66 S. W. 979. IN PATIENDO. In suffering, permitting, 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 TESTIMONI UM. In perpetual testimony of a matter; IN PARI MATERIA.