Page:Black's Law Dictionary (Second Edition).djvu/614

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ter in pots. in some cases, however, "matters in pals" are opposed not only to “rustters of record," but also to "matters in writing," i. 9., deeds, as where estoppei by deed is distinguished from estuppei by matter in pais. (Id. 35:31:.) Sweet.

IN PAPER. A term formeriy applied to the proceedings in a cause before the record was made up. 3 Bl. Comm. 406; 2 Burrows, 1098. Probably from the circumstance of the record being always on paichment. 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 par! canln possessor pntinr halter-I dehet. In an equal cause he who has the possession should be preferred. Dig 50, 17, 128. 1.

IN PARI DELICTO. In equai fault; equally culpable or criminal; 111 a case of equal fault or guilt. See Rozsll v. Vansychle, 11 V\'ash. 79, 39 Pac. 270.

In par-i delicto potion est conditio pos- nidentiu, [defemh-.ntis.] 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 equaily 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.

IN PARI MATERIA. Upon the same matter or subject. Statutes in pari materia are to construed together. United Society v. Eagle Bank, 7 Conn. 457; Stite v. Ger- hardt, 145 Ind. 439, 44 N. E. 469, 33 L. R. A. 313; People v. New York Cent. Ry. Co., 25 Barb. (N. Y.) 201; Sales v. Barber Asphait Pav. C0., 10!‘: M0. 671, 66 S. W. 979.

IN PATIENDO. In sutfering, permitting. or niiowmg.

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 RBI MEMORIAM. In perpetual memory of a matter; for preserving a record of a matter. Applied to depositions taken in order to preserve the testimony or the deponent.

IN PERPETUUM IIEI TESTIMONI- UM. 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 do fendant, Wh0 sues out a Writ or other process, or appears to conduct his case in court hiniseif, instead of through a solicitor or counsel. is said to act and appear I11 person.

IN PERSONAM, IN REM. In the R0- man law, from which they are taken, the expressions "in rem" and “in personam” were always opposed to one another, an act or proceeding in persomtm being one done or directed against or with reference to a specific person, While an act or proceeding in rem was one done or directed with reference to no specific person, and consequently against or with reference to aii nhoui it might concern, or "all the world." The phrases were especially applied to actions; an actio in yrcrsoaam being the remedy where a claim against a specific person arose out of an obligation, whether or cuntracm or at malcflz-io, while an actio in rem was one brought for the assertion of a right of prop- erty, easement, statuns, etc., against one nhn denied or infringed it. See Inst. -1. 6. 1; Gains, 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 “avail-ible against a particular person." and "available against the world at large." Thus, [um in pens-onam are rights prim-arliy available against specific persons; yarn in rum. 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 i'idl]Iil'.’lIt’_V on a question of prize, or a decree of nuiiity or dissolution of marriage, or a decree of I1 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 opernts on a thing or a person. Thus. it is said of the court of chancery that it acts in perso- uam, and not in rem, meaning that its do 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. Shankiin, (30 Cal. 125; Hill v. Henry, 66 N. J. El}. 150, 57 Ati 555.

In pea-sonam antic est, qua cum eo agirnus qni nhligatns est nolris ad fnciv endum nliqnid vel dnndum. The action in personam is that by which we sue bim who is under obiigntion to us to do some thing or give something. Dig 44, 7, 2'5: Bract. 101D.

IN PIOS USUS. For pious uses; for re

ligious purposes. 2 Bl. Comm. 505.