Civil War - Law Dictionary Search Results
Home Dictionary Name: civil war Page: 3League of Nations (Societe des Nations)
League of Nations (Societe des Nations), is a conventional assembly which was set up early in 1920 at the conclusion of the War of 1914-1919 (First World War), with a membership of 58 States. The Covenant, consisting of 26 Articles at the beginning of each of the Peace Treaties, is its charter, pledging these States to promote international co-operation, and achieve peace and security by accepting obligations not to go to war, and to respect treaties. Among the important principles which underlie the League are the 'collective system,' e.g., collective action to prevent aggression, as well as to assist members to carry on their common interests more effectively; the duty of reduction of armaments; equality for States, e.g., recognition of greater responsibility of large Powers, with legal equality for all, large or small; undertaking to use peaceful settlement for disputes, with recognition that any war is the responsibility of all peoples; provision of means for adapting existing righ...
Prize Court
Prize Court. This is an international tribunal, existing only by virtue of a special commission under the Great Seal, during war or until the litigations incident to war have been brought to a conclusion. It is frequently confounded with the Court of Admiralty, in consequence, perhaps, of the same judge having usually presided in both courts; but this is a mistake, for the whole system of litigation and jurisprudence in the prize Court, though exceedingly important, is peculiar to itself, and is governed by rules not applying to the Instance Court of the Admiralty (now part of the High Court), which is a mere civil tribunal.The old Court of Admiralty had in fact from very ancient times two separate and distinct jurisdictions--the Instance Jurisdiction and the Prize Jurisdiction, though the real origin of the latter is wrapped in obscurity. When the High Court of Admiralty became merged in the High Court of Justice, (English) Jud. Act, 1925, s. 23, replacing the (English) Jud. Act, 1891...
Army Council
Army Council. This Council was first established in 1904, when the post of Commander-in-Chief was abolished. The four military members are the Chief of the Staff, the Adjutant-General, the Quarter-Master General, and the Master-General of the Ordnance, and there is also a finance member and a civil member. The respective duties of those members are defined by an Order in Council of 10th August, 1904, and each is responsible to the Secretary of State for War, who is solely responsible to the Crown and Parliament. The Secretary of the War Office acts as secretary to the Army Council. See also the (English) Army (Annual) Act, 1909 (9 Edw. 7, c. 3), s. 4, as to the powers of the Council....
Ordnance Office, or Board of Ordnance
Ordnance Office, or Board of Ordnance, an office which was kept within the Tower of London, and which superintended and disposed of all the arms, instruments, and utensils of war, both by sea and land, in all the magazines, garrisons, and forts of Great Britain. It was divided into two distinct branches, the civil and the military, by 4 & 5 Wm. 4, c. 24; but by 18 & 19 Vict. c. 117, the powers, etc., of the Board were transferred to the Secretary of State for War....
Piracy
Piracy [fr. pirata, Lat.], the commission of those acts of robbery and violence upon the sea, which if committed upon land wold amount to felony. Pirates hold no commission or delegated authority from any sovereign or State, empowering them to attack others. They can, therefore, be only regarded in the light of robbers. They are, as Cicero has truly stated, the common enemies of all (communes hostes omnium); and the law of nations gives to every one the right to pursue and exterminate them without any previous declaration of war (see Piracy Jure Gentium, 1934, AC 586, where a frustrated attempt was held to be piracy by that law); but it is not allowed to kill them without trial, except in battle. Those who surrender or are taken prisoners must be brought before the proper magistrates, and dealt with according to law. By the ancient Common Law of England, piracy, if committed by a subject, was held to be a species of treason, being contrary to his natural allegiance; if by an alien, to ...
Droits of admiralty
Droits of admiralty, the perquisites attached to the office of Admiral of England (or Lord High Admiral). Prince George of Denmark, the husband of Queen Anne and Lord High Admiral, resigned the rights to these droits to the Crown for a salary, as Lord High Admiral, of 7,000l. a year. When the office was vacant, they belonged to the Crown. Of these perquisites, the most valuable is the right to the property of an enemy seized on the breaking out of hostilities. In the arrangement of the Civil List during the recent reigns, it was settled that whatever droits of Admiralty accrued were to be paid into the Exchequer for the use of the public. The Lord High Admiral's right to the tenth part of the property captured on the seas has been relinquished in favour of the captors. Droits of Admiralty also included all unclaimed wreck, flotsam, jetsam, ligan and derelict, which are now dealt with by the (English) Receiver of Wreck for the District, Merchant Shipping Act, 1894 (57 & 58 Vict. c. 60),...
Hostile attack
Hostile attack, means any attack by any person or body of persons, whether during any war, external aggression, internal disturbance or otherwise which endangers the security of any life, property, place or thing in India or any part of the territory thereof. [Civil Defence Act, 1968 (27 of 1968), s. 2 (c)]...
Marriage
Marriage. Marriage as understood in Christendom is the voluntary union for life of one man and one woman, to the exclusion of all others, Hyde v. Hyde, 1866 LR 1 P&D 130. Where a marriage in a foreign country complies with these requirements it is immaterial that under the local law dissolution can be obtained by mutual consent or at the will of either party with merely formal conditions of official registration, and it constitutes a valid marriage according to English law, Nachimson v. Nachimson, 1930, P. 217. Previous to 1753 the validity of marriage was regulated by ecclesiastical law, not touched by any statutory nullity but modified by the Common law Courts, which sometimes interfered with the Ecclesiastical Courts, by prohibition, sometimes themselves decide on the validity of a marriage, presuming a marriage in fact as opposed to lawful marriage. A religious ceremony by an ordained clergyman was essential to a lawful marriage, at all events for dower and heirship; but if in an i...
Workmen's Compensation Act
Workmen's Compensation Act. (English) The Workmen's Compensation Act, 1897, introduced the principle of compulsory insurance of workmen by employers in a restricted number of trades. The gist of a right to compensation under the Acts is 'accident arising out of and in the course of the employment' causing personal injury to a workman (Workmen's Compensation Act, 1925 [15 & 16 Geo. 5, c. 84), s. 1 (1)] The compensation is not damages for negligence or any other tort at common law or by statute (see COMPBELL (LORD) ACTS (Fatal Accidents Acts, 1846-1908) and Employers Liability Act, 1880, sub tit. MASTER AND SERVANT), and an employer is not liable both for damages and compensation; but the workman or his representatives may elect between the remedies, and in an unsuccessful action for damages the Court may assess or refer the question of compensation to the proper tribunal, subject to an equitable order for costs (Workmen's Compensation Act, 1925, s. 25). Compensation is not payable for a...
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