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.