Admiralty - Law Dictionary Search Results
Home Dictionary Name: admiralty Page: 4Claim in rem
Claim in rem, means and Admiralty claim inrem Admiralty (2000) PD 49F, para 1.4(b) (UK) Halsbury's Laws of England, Vol. 1(1), para 310, p. 425....
Advocate
Advocate, [Lat. Advocatus], a patron of a cause assisting his client with advice, and pleading for him. He is defined by Ulpian (Dig. 50, tit. 13) to be any person who aids another in the conduct of a suit or action. The term is at the present day confined to persons professionally conducting cases in Court, i.e., Barristers and Solicitors (q.v.).In the English Ecclesiastical and Admiralty Courts, until 1857, certain persons learned in the civil and canon law, called advocates, had the exclusive right of acting as counsel. They were members of a college situate at Doctor's Commons, incorporated by charter, June 22, 8 Geo. 3, under the title of 'The College of Doctors of Law exercent in the Ecclesiastical and Admiralty Courts,' and had, previously to their admission to that college, taken the degree of Doctor of Laws at an English university. The jurisdiction of the Ecclesiastical Courts in matters matrimonial and testamentary was in 1857 transferred to the Court for Divorce and Matrimo...
Acts of Court
Acts of Court, legal memoranda of the nature of pleas, especially in Admiralty Courts. See ADMIRALTY....
Booty of war
Booty of war, property captured in war on land which falls to the forces capturing by grace of the Crown or to the Crown itself. By 3 & 4 Vict. c. 65, s. 22, the jurisdiction in matters of booty of war is in the Admiralty Jurisdiction of the High Court, on a reference by the sovereign. See Judic. Act, 1925, s. 22. See Banda and Kirwee Booty, (1875) LR 4 Adm. & E. 436. Appeals lie to the Privy Council, ibid., s. 27. See ADMIRALTY; PRIZE COURT....
Assessors
Assessors, literally those who sit by the side of another: persons appointed to ascertain and fix the value of taxes, rates, etc. Also persons sometimes associated with judges of courts to advise and direct the decisions of such judges.By the (English) Judicature Act, 1925, s. 98, replacing the (English) Judicature Act, 1873, s. 56, the High Court or the Court of Appeal may, when it may think it expedient other than in a criminal proceeding by the Crown, call in the aid of one or more assessors specially qualified, and try and hear the matter in question wholly or partially with the assistance of such assessors. By the County Courts Act, 1934, s. 88, replacing the County Court Admiralty Jurisdiction Act, 1868, s. 14, provision is made for the appointment of assessors of 'natural skill and experience' in Admiralty actions, and such assessors frequently sit in county courts under the powers of this Act.Schedule II. of the (English) Workmen's Compensa-tion Act, 1925, gives a county court ...
Lagan or ligan
Lagan or ligan [fr. liggan, Sax.], goods tied to a buoy and sunk in the sea; also a right which the chief lord of the fee had to take goods cast on shore by the violence of the sea, Bract. 1. 3, c. 11.; 5 Rep. 106 b; also, the goods themselves; included in 'wreck' (see that title) by s. 510 of the Merchant Shipping Act, 1894. See DROITS OF ADMIRALTY; FLOTSAM AND JETSAM....
Lien
Lien [answering to the tacita hypotheca of the Civil Law], a right in one man to retain that which is in his possession belonging to another, until certain demands of the person in possession are satisfied. It is neither a jus in re, nor a jus ad rem--i.e., it is not a right of property in the thing itself, or right of action to the thing itself.It is either particular, as a right to retain a thing for some charge or claim growing out of, or connected with, the identical thing; or general, as a right to retain a thing not only for such charges or claims, but also for a general balance of accounts between the parties in respect to other dealings of the like nature.General and particular liens may arise: (1) by an express contract; (2) by an implied contract, resulting from the usage of trade, or the manner of dealing between parties. General lines are not favoured in law, but some judicially recognized general lines are bankers', solicitors', factors', stockbrokers'. See Halsb. L.E., ti...
Ligan
Ligan [fr. lier, Fr., to tie], a wreck consisting of goods sunk in the sea, but tied to a cork or buoy, in order that they may be found again, 5 Rep. 106. See DROITS OF ADMIRALTY....
Queen's prison
Queen's prison, means a prison established in 1842 in Southwark, to be used for debtors and criminals confined under authority of the superior courts at Westminster, the highest court of admiralty, and the bankruptcy laws, Black's Law Dictionary, 7th Edn., p. 1259....
Lord High Admiral
Lord High Admiral. See ADMIRALTY....
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