The Tender For Law

English Only

ENGLISH is the international language of law and commerce. Knowing FRENCH is useful for understanding LEGAL ENGLISH, but FRENCH is not the international language of law and commerce, so we will ignore French speakers who speak to us in the language of a conquered people.

Non.

I understand that you are a proud Québécois, but the people here have nothing but contempt for you because of decades of transfer payments and NONE OF YOU understanding what Quebec sovereignty means. None of you know who Russell Rogers Smith is, and you're too proud and arrogant to teach. Just go away and be Retardier somewhere else.

Volume 2

Jun 12, 2013 10:27 PM

Pete Daoust

In rem ("against the thing") - A type of legal proceeding, taken in an admiralty court in a common law jurisdiction, against the ship (and sometimes against cargo and/or freight) (the res) as defendant, in respect of particular types of maritime claims (e.g. to enforce a claim secured by a maritime lien or a statutory right in rem. The taking of an action in rem is generally accompanied by the arrest of the res (thing), which provides pre-judgment security for the claim and confirms the admiralty court's in rem jurisdiction. Where an action in rem is successful, the judgment may be enforced against the res by way of judicial sale. If the defendant files an appearance in the action in rem, however, the action proceeds as a combined action in personam and in rem, and an eventual judgment in the plaintiff's favour may then be executed against both the res and the defendant's other personal assets. On in rem jurisdiction, see Tetley, Int'l. C. of L., 1994 at p. 795-830; Tetley, M.C.C., 4 Ed., 2008 at pp. 558, 572-575, 576-577, 1476-1482; Tetley, "Arrest, Attachment, and Related Maritime Law Procedures" (1999) 73 Tul. L. Rev. 1895-1985 at pp 1905-1940. In the United Kingdom, an action in rem is now termed a "claim in rem". See paras. 1.4(b) and 2.1(1) to 2(8) of Practice Direction 49F (Admiralty), promulgated under Part 49 (Specialist Proceedings) at Rule 49(2)(a) of the Civil Procedure Rules 1998 (S.I. 1998/3132), in force April 26, 1999.

Printed copy · Anthology Volume 2, page 415
Printed copy of this comment
Printed copy from The Tender For Law Anthology, Volume 2, page 415 (printed 14 June 2014). Added by this site; not part of the Facebook export.