in rem

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Related to in rem: judgement in rem

In Rem

[Latin, In the thing itself.] A lawsuit against an item of property, not against a person (in personam).

An action in rem is a proceeding that takes no notice of the owner of the property but determines rights in the property that are conclusive against all the world. For example, an action to determine whether certain property illegally imported into the United States ought to be forfeited can be captioned United States v. Thirty-nine Thousand One Hundred and Fifty Cigars. The object of the lawsuit is to determine the disposition of the property, regardless of who the owner is or who else might have an interest in it. Interested parties might appear and make out a case one way or another, but the action is in rem, against the things.

In rem lawsuits can be brought against the property of debtors in order to collect what is owed, and they are begun for the partition of real property, foreclosure of mortgages, and the enforcement of liens. They may be directed against real or Personal Property. In rem actions are permitted only when the court has control of the property or where its authority extends to cover it. For example, the courts in Kansas may determine rights to a farm in Kansas, but not the ownership of a cannery in Texas. The in rem jurisdiction of a court may be exercised only after parties who are known to have an interest in the property are notified of the proceedings and have been given a chance to present their claim to the court.

in rem

adj. from the Latin "against or about a thing," referring to a lawsuit or other legal action directed toward property, rather than toward a particular person. Thus, if title to property is the issue, the action is "in rem." The term is important since the location of the property determines which court has jurisdiction, and enforcement of a judgment must be upon the property and does not follow a person. "In rem" is different from "in personam," which is directed toward a particular person. (See: in personam)

in rem

‘against a thing’ (as opposed to against a person).

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 judgments of property as forfeited, or as prize in the admiralty, or the English exchequer, but also the decisions of other courts upon the personal status, or relations of the party, such as marriage, divorce, bastardy, settlement, or the like. 1 Greenl. Ev. Sec. 525, 541.
     2. Courts of admiralty enforce the performance of a contract by seizing into their custody the very subject of hypothecation; 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 Gall. R. 200; 3 T. R. 269, 270.
     3. There are cases, however, where the remedy is either in personam or in rem. Seamen, for example, may proceed against the ship or cargo for their wages, and this is the most expeditious 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 Stark. Ev. 228; Dane's Ab. h.t.; Serg. Const. Law, 202, 203, 212.

References in periodicals archive ?
Spinal cord does not play any role in REM sleep regulation : As has been mentioned earlier, the discovery of REM sleep in humans was followed by the identification of this phenomenon in animals (3).
But the in rem filings can include those buildings, as well as buildings that are subject to court appointed 7A administrators or have conditions dangerous to health and safety.
19) The Court supported this finding with the fact that Congress incorporated the in rem procedures of the customs laws, which target the property rather than the owner and include procedures for administrative forfeiture actions.
It also will provide for a modified in rem procedure, under which Housing Preservation and Development (HPD) officials can choose to take over a property or not to take it over and sell it instead, depending on its economic viability.
The city's current stock of in rem multifamily, rental housing is so large that it is overwhelming the ability of the city to operate and maintain these properties, and is even preventing it from continuing to vest properties that are not paying their taxes.
Moreover, each unit that is taken through the in rem process costs the city $3,000 to operate, according to an Administration spokesman.
While the original Brooklyn in rem filing consisted of over 8,000 properties, the final vesting is expected to be around 800.
Disruptions in REM sleep can be caused by medications, psychiatric or medical illnesses, and sleep disorders.
New York City Council Republicans have proposed a sale of city tax liens and an overhaul of the in rem bureaucracy in order to generate an estimated $100 million annually.
Does he wonder (as many of us do) if these developments aren't forerunners of the type of rental housing events the city experienced in prior decades -- 10 to 20 years ago - when the city's in rem takings soared to 10,000-30,000 units?
Another emerges from ' reading" between the lines of a Channel 2 TV report that focused on scandalous problems the City's Department of Housing Preservation and Development is having in renovating in rem apartment buildings.
Subsequently, during the program, an owner in the audience interrupted the proceedings and explained that she was operating several small apartment buildings, and feared losing them to the in rem process because of the cost of paying taxes and meeting city environmental requirements.