Admiralty - Law Dictionary Search Results
Home Dictionary Name: admiralty Page: 5Nuncupative Will
Nuncupative Will, a verbal testament depending merely upon oral evidence, being declared by the testator in extremis before a sufficient number of witnesses and after wards reduced to writing, 2 Bl. Com. 500.The (English) Statute of Frauds, 29, Car. 2, c. 3, restricted nuncupative wills, except when made by mariners at sea, and soldiers in actual service. Nuncupative wills are abolished by the (English) Wills Act, 1837, s. 9, but with a proviso by s. 11 that any soldier being in actual military service, or any marine or seaman being at sea, may dispose of his personal estate, as he might have done before the making of this Act. A will made by a soldier under s. 11 accordingly requires no attestation, and s. 15, avoiding gifts to attesting witnesses, has no application to such a will [Re Limond, (1915) 2 Ch 240]. The Wills (Soldiers and Sailors) Act, 1918, slightly enlarges the class of persons to whom s. 11 applies (s. 2), and extends the right to make wills, without the formalities re...
Offices of the Supreme Court
Offices of the Supreme Court. The offices of the Supreme Court are to be open every day except Sundays, Good Friday, Easter Eve, Monday and Tuesday in Easter Week, White Monday, the first Monday in August, Christmas-day and the next following working day, and all days appointed by proclamation to be observed as days of general fast, humiliation, or thanksgiving, the day appointed to be kept as the King's birthday, and such days as the Lord Chancellor, with the concurrence of the Lord Chief Justice, the Master of the Rolls and the President of the Probate, Divorce and Admiralty Division, shall direct, (English) R.S.C., Ord. LXIII., r. 6 (as amended)As to the vacations in the offices of the Supreme Court, see VACATION....
Pensions, Ministry of
Pensions, Ministry of. Established by the (English) Ministry of Pensions Act, 1916, to take over the powers and duties of (a) the Admiralty with respect to the pensions and grants to persons who have served in H.M. naval forces and their dependants, other than service pensions, so far as the pensions and grants are payable out of moneys provided by Parliament and not provided exclusively for Greenwich Hospital; (b) the Commissioners for the Royal Hospital for Soldiers at Chelsea with respect to the grant and administration of disability pensions and grants other than in-pensions; (c) the Army Council and the Secretary of State for War with respect to the pensions and grants to persons who have served in any of H.M. military forces and their dependants, and to persons who have served in the nursing service of these forces, other than service pensions. The Minister may sit in the House of Commons. See also Chitty's Statutes, tit. 'Pension.'...
Policies of Insurance, Court of
Policies of Insurance, Court of. It was erected in pursuance of 43 Eliz. c. 12, which enabled the Lord Chancellor yearly to grant a standing commission to the Judge of the Admiralty, the Recorder of London, two doctors of the civil law, two common lawyers, and eight merchants; any three of whom, one being a civilian, or a barrister, were thereby, and by 13 & 14 Car. 2, c. 23, empowered to determine in a summary way all causes concerning policies of insurance in London, with an appeal by way of bill to the Court of Chancery. It had been long wholly disused in Blackstone's time, and both the above Acts were repealed by (English) Stat. Law Rev. Act, 1863....
Prize commission
Prize commission. See ADMIRALTY COURT....
Proctor
Proctor [fr. procurator, Lat.], a manager of another person's affairs; also a university official of Oxford or Cambridge having disciplinary powers over members of the university.Proctors in the Ecclesiastical and Admiralty Courts formerly discharged duties similar to those of solicitors and attorneys in other courts, as and being a separate body of practitioners. The title still survives, but the separation no longer exists. Owing to the abolition of the jurisdiction of the Ecclesiastical Courts in causes matrimonial and testamentary, the (English) Court of Probate Act, 1857 (2 & 21 Vict. c. 77), ss. 43, 105, 106, and c. 85, s. 69, awarded compensation to the proctors, and admitted them to practise, not only in the Probate and Divorce Courts, but also in the Courts of Equity and Common Law. The Solicitors Act, 1877, s. 17, allows solicitors to practise as proctors; the Jud. Act, 1925, s. 256 (1), replacing Jud. Act, 1873 (s. 87), gives them the title of 'Solicitors of the Supreme Cour...
London, Port of
London, Port of. The administration is provided for by the Port of London (Consolidation) Act, 1920 (10 & 11 Geo. 5, c. clxxiii.); s. 6 enacts:-(1) There shall be a chairman and vice-chairman and other members of the Port Authority elected and appointed in manner provided by this Act for the purpose of administering, preserving and improving the Port of London and otherwise for the purposes of this Act, and the several persons who now constitute and shall, from time to time constitute the Port Authority, shall notwithstanding the repeal of enactments effected by this Act, continue and be a body corporate by the name of 'the Port of London Authority, and by that name shall continue to have perpetual succession and a common seal having power to acquire and hold land for the purposes of this Act without licence in mortmain.(2) The several persons who were respectively the chairman, vice-chairman and other members of the Port Authority immediately before the passing of this Act, and shall ...
Rem, Judgment in
Rem, Judgment in, is an adjudication pronounced upon the status of some particular subject-matter by a tribunal having competent jurisdiction and concluding all persons (not merely the parties to the proceedings) from saying that the status of the thing adjudicated upon was not such as declared by the adjudication, Rex. v. Hartington, 4 E&B 780; and see Castrique v. Imrie, 8 CBNS (1) 405 and LR 4 HL 414. Where a Court rei sit' has control over the thing and jurisdiction to decide as to its dis-position, the adjudication is conclusive against the world, see opinion of judges, per Blackburn J., in the House of Lords, supra. The chief instances are in the Admiralty Courts; foreign judgments, declar-ing status of a ship; or in the matrimonial causes, etc.; grants of probate or administration; con-demnation of goods by a competent tribunal, Geyer v. Aquilar, 7 TR 696; and as to highways, Wakefield Corporation v. Cooke, 1904 AC 31. See The Duchess of Kingston's case, and notes thereto, 2 Sm....
Queen's proctor
Queen's proctor, means a solicitor that represents the crown in domestic-relations, probate, and admiralty cases. For example, in a suit for divorce or nullity of marriage, the Queen's proctor might intervene to prove collusion between the parties. Also termed (when a king reigns) King's proctor, Black's Law Dictionary, 7th Edn., p. 1259....
Rejoinder
Rejoinder, a defendant's answer to a plaintiff's reply, which must have been delivered within four days after notice, unless the defendant was under any terms of 'rejoining gratis,' which meant rejoining within four days from the delivery of the replication without a notice to rejoin, or a demand of a rejoinder.By (English) R.S.C. 1883, Ord. XXIII., no pleading subsequent to reply, other than a joinder of issue, may be pleaded without leave, except in Admiralty actions, and subject to this rule every pleading subsequent to reply must be delivered within four days after the delivery of the previous pleading. The pleadings subsequent to reply are Rejoinder, Surrejoinder, Rebutter and Surrebutter (see those titles)....
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