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 ?
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.
Ordinarily, about two-thirds of these would be redeemed by their owners, but recently the proportion of unredeemed in rem properties increased by over 40 percent.
The station, in its 11 o'clock news program, has been reporting that city housing repair workers have been told to 'paper over' structural problems of in rem housing they were rehabilitating.
Their fears were supported by the following numbers cited in the context of the city's growing in rem problem (and by the fact that 50,000 regulated units in the city's poorest neighborhoods are in "immediate" danger of an in rem takeover): Average operating costs are $379 a unit while the average rent per unit in the Bronx is $362 and in Brooklyn $352.
Dan Margulies, executive director of the Community Housing Improvement Program, said he would rather have the time to apply for Section 8 -- now about a year -- shortened rather than extending the in rem process to two years from one.
"There is always a problem with getting accurate information from the city," said John Gilbert III, president of the Rent Stabilization Association, citing particularly the receipt of in rem notice.
Commencement of in rem actions in two boroughs show an increase over last year's initial filings, while one borough has gone down slightly.
These data suggest that an increase in REM sleep can activate signalling pathways in the brain which allow it to change in response to 'mildly stressful' waking experiences.
Horner, "Identification of the mechanism mediating genioglossus muscle suppression in REM sleep," American Journal of Respiratory and Critical Care Medicine, vol.
Neuroscientist Niels Rattenborg of the Max Planck Institute for Ornithology in Seewiesen, Germany, points out that eye movements and limb twitching in REM sleep can also be hard to distinguish from brief awakenings.
When aggregated, these interests result in REM having a total economic share of some 38.29% in Fleur-El Sauz and an economic stake of around 20.66% in Megalit.
It is associated with nocturnal intermittent hypoxemia and with an altered sleep structure that is characterized by a sleep fragmentation, an increase in light NREM sleep, a decrease in REM sleep, and an even more marked decrease in slow wave sleep [1].