IN RERUM NATURA

In the nature of things; in the realm of actuality; in existence. In a dilatory plea, an allegation that the plaintiff is not in rernm natura is equivalent to averring that the person named is fictitious. 3 Bl. Comm. 301. In the civil law the phrase is applied to things. Inst 2, 20, 7. In restitutionem, non in poenam, haeres succedit. The heir succeeds to the restitution, not to the penalty. An heir may be compelled to make restitution of a sum unlawfully appropriated by the ancestor, but is not answerable criminally, as for a penalty. 2 Inst. 19a In restitutionibus benignissima interpretatio facienda est. The most benignant interpretation is to be made in restitutions. In satisfactionibus non permittitur amplius fieri quam semel factum est. In payments, more must not be received than has been received once for all. 9 Coke, 58.