Willis : Anglo-American Law 
25 
to the services of wife, child, ward, and servants. All of 
these rights are private antecedent legal rights in rem so far 
as concerns outsiders, but they are also private antecedent 
legal rights in 'personam as to the members of different re- 
lations. Dominical rights are also proprietary. The object 
of these rights is a status or relation. The conduct required 
is, in case of the rights in rem, forbearance from depriving a 
husband or wife of the society of the other and from being 
criminally intimate with a wife and in some states with a 
husband; forbearance from interfering with the custody and 
control of children and wards ; and forbearance from depriving 
the head of the family of the services of the other members ; 
and, in the case of the rights in personam, the act of con- 
sortium, the wife’s keeping herself from levity and adultery, 
the act of support of wife by husband, and in some states 
of parent by child and child by parent, and the act of render- 
ing service. Each member of the family is entitled to the 
conduct described and is under the described duties in per- 
sonam, and all men are under the duties in rem. The family 
rights are natural rights, and are acquired: the marital, on 
marriage; parental, on birth or adoption of child; tutelary, 
on appointment. Violation of the duties in personam are not 
torts. Damages cannot be recovered therefor. But other 
remedies, like legalized self-help, as in buying on another’s 
credit, and in chastisement, divorce, and a petition for the 
restitution of conjugal relations, are available. Marital 
rights terminate with death or divorce; parental with death, 
emancipation, full age, marriage, or judicial sentence; tutel- 
ary with death, resignation or removal, full age, or marriage. 
The family rights and duties were the second recognized by 
law. 
(c) Property. The right of property was the third his- 
torically recognized by law. The right of property is the ca- 
pacity given by law to persons to influence the conduct of 
others with reference to external objects. It has three grades : 
custody, possession, and ownership. Custody is the "mere 
physical holding of or physical control over a thing”, as in 
the case of something held by a servant. Possession is cus- 
tody coupled with the mental element that one is holding for 
his own purposes, as in the case of bailment. In custody the 
object of the law is to secure the physical person by securing 
