IN REM (Lat.). A technical term used to designate proceedings or actions instituted against the thing, in contradistinction to per sonal actions, which. are said to be in per sonam.
Proceedings in rem include not only those instituted to obtain decrees or judgments against property as forfeited in the admiral ty or the English exchequer, or as prize, but also suits against property to enforce a lien or privilege in the• admiralty courts, and suits to obtain the sentence, judgment, or decree of other courts upon the personal sta tus or relations of the party, sun as mar riage, divorce, bastardy, settlement, or the like. 1 Greenl. Ey. §§ 625, 541; 2 Bish. Mar. Div. & Sep. 14, 24.
Courts of admiralty' enforce the perform ance of a contract, when its performance is secured by a maritime lien or privilege, by seizing into their custody the very subject of hypothecation. In these suits, generally, the parties are not personally bound, and the proceedings are confined to the thing in spe cie; Brown, Civ. & Adm. Law 98. See Bened.
Ad. 270, 362 ; The Jerusalem, 2 Gall. 200, Fed. Cas. No. 7,293 ; 3 Term 269.
There are cases, however, where the rem edy is either in personam or in rem. Sea men, for example, may proceed against the ship or freight for their wages, and this is the most expeditious mode ; or they may proceed against the master or owners; 4 Burr. 1944; 2 Bro. Civ. & Adm. Law, 396. See, generally, 1, Phill._ Ey. 254; 1 Stark. Ev. 228 ; Dane, Abr.; Bened. Adm. 503. No ac tion in rem lies for damages incurred by loss of life; The Corsair, 145 U. S. 335, 12 Sup. Ct. 949, 36 L. Ed. 727. A contract for launch ing a vessel carried some distance up the beach, by a storm, is a maritime contract, for which the vessel is liable in rem; The Ella, 48 Fed. 569. See ADMIRALTY; BOTTOMRY; LIEN.