单词 | in rem |
释义 | in remadv.adj. Law. A. adv. With reference to a judicial action, claim, or right: against or so as to deal with an object or property and not availing against a specific person; so as to impose a general liability, esp. to respect ownership. ΘΚΠ society > law > administration of justice > court proceedings or procedure > [adverb] > type of proceedings in rem1583 in personam1614 quasi in rem1826 1583 Sir T. Smith's De Republica Anglorum ii. ix. 51 Pleas ciuill be either personall or reall, personall as contractes or for iniuries: reall be either possessorie to aske, or to keepe the possession, or in rem, which we cal a writte of right. 1641 N. Bernard Penitent Death of Woefull Sinner 8 That distinction of three sorts of Sacriledge by Peter Lumbard, is commonly known..that it may be committed against three, in Personam, in Locum, in rem. 1675 G. Mackenzie Observ. upon 28. Act, 23. Parl. James VI 34 If the Lands or others disponed, be still in their hands, it does not import whether they be insolvent or not, seing reductions are in rem, and doe affect the right disponed, whatever be the condition of the person who receiveth the right. 1761 G. Gilbert Hist. & Pract. Civil Actions iii. 37 An Executor or Administrator shall not be held to Special Bail, because the Demand is not on the Person, but in Rem, (viz.) the Assets of the Dead, unless there be a Devastavit suggested. 1887 U.S. Rep. (Supreme Court) 119 187 There is, however, a large class of cases which are not strictly actions in rem, but are frequently spoken of as actions quasi in rem, because, though brought against persons, they only seek to subject certain property of those persons to the discharge of the claims asserted. 1930 Law Rep. King's Bench I. 736 Their right in rem, their title of property, had been transformed into a right in personam,—a right to get the property back by proper proceedings against those in whom the property should be vested. B. adj. Designating a judicial action, claim, or right that operates against or deals with an object or property and does not avail against a specific person; that imposes a general liability, esp. to respect ownership. ΘΚΠ society > law > administration of justice > court proceedings or procedure > [adjective] > type of proceedings in rem1872 quasi in rem1888 in personam1893 1872 Testimony Alleged Frauds N.Y. Custom-house II. 638 in U.S. Congress. Serial Set (42nd Congr., 2nd Sess.: Senate Rep. 227 Pt. 2) IV I have a case now on the calendar, in which two proceedings have been had against my client; one an in rem proceeding, and one an in personam proceeding, where ‘oil of bay’ was seized. 1962 Publishers' Weekly 24 Dec. 25/2 A bookseller's right in a censorship case to an in rem verdict regarding the obscenity of a book was reaffirmed..by..the New York Supreme Court. 1987 Emory Law Jrnl. 36 771 The stockbroker regularly flies to South America to pick up cocaine. The government discovers the broker's illicit activities, seizes the plane and initiates civil in rem forfeiture proceedings against it. 2009 H. C. Sigman & E.-M. Kieninger Cross-Border Security over Receivables 94 In everyday situations, both transactions, the obligatory part and the in rem part, are concluded with the same actions. This entry has been updated (OED Third Edition, September 2021; most recently modified version published online March 2022). < adv.adj.1583 |
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