In Rem
A Law Dictionary, Adapted to the Constitution and Laws of the United States · John Bouvier · 1839
A Law Dictionary, Adapted to the Constitution and Laws of the United States
remedies. This technical term is used to designate proceedings or actions instituted agatnst the thing, in contradistinction to personal actions which are said to be in personam. Courts of admiralty enforce the performance of a contract by seizing into their custody the very subject of hypothecation; for in these cases 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. There are cases however where the remedy is either in personam or tn 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.