英文法律词典 I-19

IN PARI CAUSA. In an equal cause. It is a rule that when two persons have equal rights in relation to a particular thing, the party in possession is considered as having the better right: in pari causa possessor potior est. Dig. 50; 17, 128; 1 Bouv. Inst. n. 952.

IN PARI DELICTO. In equal fault; equal in guilt¹. Neither courts of law nor equity² will interpose to grant relief to the parties, when an illegal agreement has been made, and both parties stand in pari delicto. The law leaves them where it finds them, according to the maxim³, in pari delicto potior est conditio defendentis et possidendis. 1 Bouv. Inst. n. 769.

IN PARI MATERIA. Upon the same matter or subject. Statutes⁴ in pari materia are to be construed⁵ together.

IN PERPETUAM REI MEMORIAM. For the perpetual memory or remembrance of a thing. Gilb. For. Rom. 118.

IN PERSONAM, remedies. A remedy in personam, is one where the proceedings⁶ are against the person, in contradistinction to those which are against specific things, or in rem. (q. v.) 3 Bouv. Inst. n. 2646.

IN POSSE. In possibility; not in actual existence; used in contradistinction to in esse.

IN PRAESENTI. At the present time; used in opposition⁷ to in futuro. A marriage contracted in words de praesenti is good; as, I take Paul to be my hushand, is a good marriage, but words de futuro would not be sufficient, unless the ceremony was followed by consummation. 1 Bouv. Inst. n. 258.

IN PRINCIPIO. At the beginning this is frequently used in citations⁸; as Bac. Ab. Legacies⁹, in pr.

IN PROPRIA PERSONA. In his own person; himself; as the defendant¹⁰ appeared in propria persona; the plaintiff argued the cause in propria persona.

IN RE. In the matter; as in re A B, in the matter of A B.

IN REBUS¹¹. In things, cases or matters.

IN REM, remedies. This technical term is used to designate proceedings or actions instituted against the thing, in contradistinction to personal actions which are said to be in personam. Proceedings in rem include not only judgments¹² of property as forfeited¹³, or as prize in the admiralty, or the English exchequer¹⁴, but also the decisions of other courts upon the personal status, or relations of the party, such as marriage, divorce, bastardy¹⁵, settlement, or the like. 1 Greenl. Ev. 525, 541.

2. Courts of admiralty enforce the performance of a contract by seizing into their custody¹⁶ the very subject of hypothecation¹⁷; for in these case's the parties are not personally bound, and the proceedings are confined to the thing in specie. Bro. Civ. and Adm. Law, 98; and see 2 Gall¹⁸. R. 200; 3 T. R. 269, 270.

3. There are cases, however, where the remedy is either in personam or in rem. Seamen¹⁹, for example, may proceed against the ship or cargo²⁰ for their wages, and this is the most expeditious²¹ mode; or they may proceed against the master or owners. 4 Burr. 1944; 2 Bro. C. & A. Law, 396. Vide, generally, 1 Phil. Ev. 254; 1 Stark²². Ev. 228; Dane's Ab. h. t.; Serg. Const. Law, 202, 203, 212.

IN RERUM NATURA. In the nature of things; in existence.