In Re Pari

POTIOREM CAUSAM ESSE prohlbentis constat. Where a thing is owned in common, it is agreed that the cause of him prohibiting its use is the stronger. Dig. 10. 3. 28; 3 Kent, Comm. 45; Poth. Con. de Soc. note 90; 16 Johns. (N. Y.) 438, 491. IN RE PROPRIA INIQUUM ADMODUM est aliculi licentiam tribuere sestentiae. It is extremely unjust that any one should be judge in his own cause. IN REBUS (Lat.) In things, cases, or matters. IN REBUS MANIFESTIS ERRAT QUI auctorltates legum allegat, quia perspicua vera non sunt probanda. He errs who alleges the authorities of law in things manifest, because obvious truths meed not be proved. 5 Coke, 67. IN REM (Lat.) A technical term 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 those instituted to obtain decrees or judgments against property as forfeited in the admiralty or the English exchequer, or as prize, but also suits against property to enforce a lien or privilege in the admiralty courts, and suits to obtain the sentence, judgment, or decree of other courts npon the personal status or relations of the party, such as marriage, divorce, bastardy, settlement, or the like. 1 Greenl. Ev. §§ 525, 641. Courts of admiralty enforce the performance of a contract, when its performance is secured by a maritime lien or privilege, by seizing into their custody the very subject of hypothecation. In these suits, generally, the parties are not personally bound, and the proceedings are confine^ to the thing in specie. Brown, Civ. & Adm. Law, 98. And see 2 Gall. C. C. (U. S.) 200; 3 Term R. 269, 270. There are cases, however, where the remedy is either in personam or in rem. Seamen, for example, may proceed against the ship or freight for their wages, and this is the most expeditious mode; or they may pro- See, generally, 1 Phil. Ev. 254; 1 Starkie, Ev. 228; Dane, Abr.; Serg. Const. Law, 202, 203, 212; Pars. Mar. Law. "Various definitions have been given of a judgment in rem, but all are criticised as either incomplete or comprehending too much. It is generally said to be a judgment declaratory of the status of some subject matter, whether this be a person or a thing. Thus, the probate of a will fixes the status of the document as a will. The personal rights and interests which follow are mere incidental results of the status or character of the paper, and do not appear on the face of the judgment. So, a decree establishing or dissolving a marriage is a judgment in rem, because it fixes the status of the person. A judgment of forfeiture, by the proper tribunal, against specific articles or goods, for a violation of the revenue laws, is a judgment in rem. But it is objected that the customary definition does not fit such a case, because there is no fixing of the status of anything, the whole effect being a seizure, whatever the thing may be. In the foregoing instances, and many others, the judgment is conclusive against all the world, without reference to actual presence or participation in the proceedings. If the expression 'strictly in rem' may be applied to any class of cases, it should be confined to such as these. A very able writer says: 'The distinguishing characteristic of judgments in rem is that, wherever their obligation is recognized and enforced as against any person, it is equally recognized and enforced as against all persons. It seems to us that the true definition of a judgment in rem, is "an adjudication" against some person or thing, or "upon the status of some subject matter," which, wherever and whenever binding upon any person, is equally binding upon all persons.'" 10 Mo. App. 78. IN REM ACTIO EST PER QUAM REM nostram quae ab alio possidetur petimus, et semper adversus eum est qui rem possidet. The action in rem is that by which we seek our property which is possessed by another, and is always against him who possesses the property. Dig. 44. 7. 25; Bracton, 102.