Charterer - Law Dictionary Search Results
Home Dictionary Name: charterer Page: 3Doctors' Commons
Doctors' Commons, an institution near St. Paul's Cathedral, where the Ecclesiastical and Admiralty Courts were held. In 1768 a royal charter was obtained, by virtue of which the members of the society and their successors were incorporated under the name and title of 'The College of Doctors of Laws exercent in the Ecclesiastical and Admiralty Courts.' The college consisted of a president (the Dean of Arches for the time being), and of those Doctors of Laws who, having regularly taken that degree in either of the Universities of Oxford and Cambridge, and having been admitted advocates in pursuance of the rescript of the Archbishop of Canterbury, had been elected fellows of the college in the manner prescribed by the charter. The property of the college was sold, the charter surrendered, and the college dissolved under the (English) Probate Act, 1857 (20 & 21 Vict. c. 77), ss. 116, 117....
Veterinary Surgeon
Veterinary Surgeon [fr. veterinarius, concerned with veterinum, a beast of burden]. A person who treats the illnesses, etc., of animals. A Royal College of Veterinary Surgeons was incorporated in 1844, and supplemental charters were granted thereto in 1876 and 1879. The Charter of 1876 directed a register of veterinary surgeons to be kept. The (English) Veterinary Surgeons Act, 1881, regulates the correction of the register, enacts that examinations shall be held in accordance with the charters, and provides that no person not qualified by registra-tion, etc., may recover in any court any charge for performing any veterinary operation, or for giving any veterinary advice, and imposes penalties for false representation as to membership of the college and prohibits unregistered practitioners from using the title of veterinary surgeon or veterinary practitioner. The college has disciplin-ary powers over its members, which have been extended to holders of the veterinary certificate of the ...
Ultra vires
Ultra vires [Lat.] (beyond the powers), said of a corporation or company when exceeding its authority. If the powers are given or acquired at common law or by custom or by charter, the corporation is a person at common law and may do anything which an ordinary person can do [Wenlock (Baroness) v. River Dee Co., (1885) 10 AC 354; British South Africa Co. v. De Beers Consolidated Mines Ltd., (1910) 1 Ch 354], subject to the consequences if the act is prohibited by the Charter or Act of Parliament, or by law directly or indirectly, Jenkins v. Pharmaceutical Society of Great Britain, (1921) 1 Ch 392. On the other hand, a cor-poration or company which is created by or under statute cannot do anything at all unless authorized expressly or impliedly by the statute or instrument defining its powers. An act done ultra vires a corporation means that it is 'an act which the company in general meeting could not authorize, and an act which, if every individual corporator assented to it, would still...
Physician
Physician, one who professes the art of healing.The necessity of placing under supervision the practitioners of physic and surgery appears early in the statute-book; for by the still unrepealed 3 Hen. 8, c. 11, it is enacted, that no person within London or seven miles thereof, shall practise as a physician or surgeon without examination and licence of the Bishop of London or Dean of St. Paul's (duly assisted by the faculty); or beyond these limits without licence from the bishop of his diocese or his vicar-general similarly assisted, sav-ing the privileges of the Universities of Cambridge and Oxford. The superintendence of the bishops was taken away by a royal charter dated 23rd September, 1858 (10 Hen. 8), which incorporated the physicians. By 14 & 15 Hen. 8, c. 5, this charter was confirmed, and a perpetual college of physicians established with a constitution of eight elects, etc. The subsequent history of the college is sufficiently traced in 23 & 24 Vict. c. 66, which provides fo...
Joint-stock Banks
Joint-stock Banks, joint-stock companies for the purpose of banking. They are regulated, according to the date of their incorporation, by charter, or by 7 Geo. 4, c. 46; 7 & 8 Vict. cc. 32 and 113; 9 & 10 Vict. c. 45 (in Scotland and Ireland); 20 & 21 Vict. cc. 49 & 91; and 27 & 28 Vict. c. 32; or by the Companies Act, 1929, in substitution for previous Acts, which makes registration under it compulsory in the case of a partnership consisting of more than ten persons. It is believed that the liability of the shareholders in chartered banks is in most if not in all cases limited to some amount fixed by the charter, generally twice the amount of their shares. Under the (English) Companies Act, the liability may be either limited or unlimited, and most banks registered under the old Companies Act of 1862 were unlimited until 1880, when many took advantage of the (English) Companies Act, 1879 (42 & 43 Vict. c. 76), to register anew as limited; see now Companies Act, 1929, ss. 321, 322, 359...
Company
Company [fr. compagnia, Ital., which word is still printed on Bank of England notes as 'compa'], a body of persons associated for purposes of busi-ness, sometimes, but not now so frequently as some years ago, styled a Joint Stock Company.A company has its origin either (1) in a charter, as the Bank of England and many insurance companies; or (2) in a special Act of Parliament, with which, as authorizing an undertaking of a public nature such as a railway, the Companies Clauses Consolidation Act, 1845 (8 & 9 Vict. c. 16), is necessarily incorporated; or (3) in registration under the Companies Acts, 1862 and subsequent Acts, now consolidated into the (English) Companies Act, 1925 (19 & 20 Geo. 5, c. 23).By s. 13 of the Act of 1925 (1) on the registration of the memorandum of a company the registrar shall certify under his hand that the company is incorporated and, in the case of a limited company, that the company is limited. (2) From the date of incorporation mentioned in the certificat...
Corporation or body politic
Corporation or body politic, an artificial person es-tablished for preserving in perpetual succession certain rights, which being conferred on natural persons only would fail in process of time. It is either aggegate, consisting of many members, or sole, consisting of one person only, as a parson. It is also either spiritual, created to perpetuate the rights of the Church, or lay'sub-divided into civil, created for many temporal purposes, and eleemosynary, to perpetuate founders' charities. It is by virtue of the sovereign's prerogative exercised by a charter, or of an Act of Parliament, or of prescription, that the artificial personage called a corporation, whether sole or aggregate, civil or ecclesiastical, is created. The royal charter gives it a legal immortality, and a name by which it acts and becomes known. It has power to make bye-laws for its own government, and transacts its business under the authority of a common seal-its hand and mouthpiece; it has neither soul nor tangibl...
Dead freight
Dead freight, the unsupplied part of a cargo, or the freight payable by a merchant where he has not shipped a full cargo for the part not shipped.Amount charged for empty space in a vessel chartered to local a full cargo and which falls short of requirements; an agreed gum to be paid in respect of space not filled according to charter; or damages provided for by a charter, in the event of freighter not loading a full cargo...
Charterer
One who charters esp one who hires a ship for a voyage...
Time Charter-party
Time Charter-party, a time charter, is 'one in which the ownership and also possession of the ship remain in the original owner whose remuneration or hire is generally calculated at a monthly rate on the tonnage of the ship, while a voyage charter is a contract to carry specified goods on a defined voyage on a remuneration or freight usually calculated according to the quantity of cargo carried'. In Carver's Carriage by Sea, it is stated that 'all charter-parties are not contracts of carriage. Sometimes the ship itself, and the control over her working and navigation, are transferred for the time being to the persons who use her. In such cases the contract is really one of letting the ship, and, subject to the express terms of the charter-party, the liabilities of the ship owner and the charterers to one another are to be determined by the law which relates to the hiring of chattels, and not by reference to the liabilities of carriers and shippers'. According to Scrutton on Charter-par...
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