High Seas - Law Dictionary Search Results
Home Dictionary Name: high seasHigh seas
High seas, all the seas which are more than three miles distant from the coast of any country. The territorial jurisdiction of a country does not extend beyond this limit. See R. v. Keyn, (1876) 2 Ex D 63...
Sea
Sea. See FOUR SEAS. The main or high seas are part of the realm of England, for thereon the Courts of Admiralty have jurisdiction, but they are not subject to the Common Law. The main sea begins at the low-watermark, but between the high-water mark and the low-water mark, where the sea ebbs and flows, the Common Law and Admiralty have, divisum imperium, an alternate jurisdiction, the one upon the water when it is full sea, the other upon the land when it is an ebb. See FORESHORE.The jurisdiction of the Admiralty within three miles of the low-water mark will be found elaborately discussed in Reg. v. Keyn, (1876) 2 Ex D 63. In that case it was held by a majority of seven judges to six that the Central Criminal Court had no jurisdiction to try for manslaughter the foreign captain of a foreign ship--the Franconia--which, in passing within three miles of the British shore, ran into a British ship and sank her; but this state of the law was soon afterwards altered by the (English) Territoria...
Taking out to a place outside India
Taking out to a place outside India, the expression 'taking out to a place outside India' would also mean a place in high seas. It is beyond the territorial waters in India. High seas would also mean a place outside India, if it is beyond the territorial waters of India. Therefore, if the goods were taken out to the high seas outside territorial waters of India, they will come within the ambit of expression 'taking out to a place outside India', Collector of Customs v. Sun Industries, 1988 Supp SCC 342(346). [Customs and Central Excise Duties Drawback Rule, 1971, s. 2(c)]...
Ship
Ship, the carriage of goods by Sea Act, 1925 (26 of 1925). [XXVI of 1925, Sch. Art. 1, Cl. (d)]Ship, means any vessel used for the carriage of goods by sea.A type of vessel used or intended to be used in navigation, Black's Law Dictionary, 7th Edn., p. 1382.In the Merchant Shipping Act, 1894 (57 & 58 Vict. c. 60), by s. 742, 'includes every description of vessel used in navigation not propelled by oars.' [This definition has been adopted by the Workmen's Compensation Act, 1925 (15 & 16 Geo. 5, c. 34), s. 48(1)]'Foreign-going ship,' by the same s., 'includes every ship employed in trading, or going between some place or places in the United Kingdom, and some place or places situate beyond the following limits: that is to say, the coasts of the United Kingdom, the Channel Islands and the Isle of Man, and the continent of Europe, between the river Elbe and Brest inclusive'; and'Home-trade ship' includes 'every ship employed in trading or going' within the above limits; and'Home-trade pass...
Pirate
A robber on the high seas one who by open violence takes the property of another on the high seas especially one who makes it his business to cruise for robbery or plunder a freebooter on the seas also one who steals in a harbor...
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...
Central Criminal Court
Central Criminal Court. This court was created by the (English) Central Criminal Court Act, 1834 (4 & 5 Wm. , c. 36), for the trial of all cases of treasons, murders, felonies, and misdemeanours committed within the county of Middlesex, and in certain specified parts of the counties of Essex, Kent, and Surrey, all of which constitute one county for the purpose of the Act, and also commissions of goal delivery to deliver the goal of Newgate of the prisoners therein charged with any of the offences aforesaid. The Court consists of the Lord Mayor and Aldermen and also of the Judges; and there are twelve sessions held in every year, at times fixed by four or more of the judges of the High Court, (English) (Judicature Act, 1925, s. 74). The 17th section of the Act authorizes the Court to try offences committed on the high seas; and the (English) Central Criminal Court Act, 1856 (19 & 20 Vict. c. 16) [see (English) Palmer's Act], authorizes the King's Bench Division of the High Court to orde...
piracy
piracy pl: -cies 1 : an act of robbery esp. on the high seas ;specif : an illegal act of violence, detention, or plunder committed for private ends by crew or passengers of a private ship or aircraft against another ship or aircraft on the high seas or in a place outside the jurisdiction of any state see also aircraft piracy Article I of the Constitution in the back matter 2 a : the unauthorized copying, distribution, or use of another's production (as a film) esp. in infringement of a copyright [software ] b : the unauthorized use, interception, or receipt of encoded communications (as satellite cable programming) esp. to avoid paying fees for use [the statute's purpose is to proscribe the of programming signals "United States v. Harrell, 983 F.2d 36 (1993)"] 3 : the crime of committing piracy ...
Bill of Lading
Bill of Lading, a memorandum signed by masters of ships, in their capacity of carriers, acknowledging the receipt of merchants' goods, of which there are usually three parts-one kept by the consignor, one sent to the consignee, and one preserved by the master. It is the evidence of the title to the goods shipped; and by its endorsement and delivery, the transfer of the property in the goods specified therein is generally effected. By the Bills of Lading Act, 1855, the rights of suit under a bill of lading vest in the consignee or endorsee (as if the contract contained in the bill of lading had been made with himself) without prejudice to any right of stoppage in transitu or to freight. See (English) Carriage of Goods by Sea Act, 1924 (14 & 15 Geo. 5, c. 22), and Carver on Carriage by Sea.A bill of lading is 'a writing, signed on behalf of the owner of the ship in which goods are embarked, acknowledging the receipt of the goods, and undertaking to deliver them at the end of the voyage s...
Wireless telegraphy
Wireless telegraphy, defined in the Wireless Telegraphy Acts, 1904 (4 Edw. 7, c. 24), s. 7, and 1925 (15 & 16 Geo.5, c. 67), s. 1, as meaning 'any system of communication by telegraph as defined in the Telegraph Acts, 1863 to 1904, without the aid of any wire connecting the points from and at which the messages or other communications are sent and received,' it being also provided that nothing in the Act shall prevent any person from making or using electrical apparatus for actuating machinery or for any purpose other than the transmission, including the reception as well as the sending, of messages. The Act of 1924 prohibits the establishment of any wireless telegraph station, or the establishment or working of any apparatus for wireless telegraphy, in any place or onboard any British ship, except under and in accordance with a licence granted in that behalf by the Postmaster-General. Search-warrants may be issued by order of the Postmaster-General, the Admiralty, Army Council, Air Co...
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