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Maritime - Law Dictionary Search Results

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Maritime lien

Maritime lien, is well defined to mean a claim or privilege upon a thing to be carried into effect by legal process, that process to be a proceeding in rem ...... This claim or privilege travels with the thing into whosoever possession it may come. It is inchoate from the moment the claim or privilege attaches, and when carried into effect by legal process by a proceeding in rem, relates back to the period when it first attached, Bold Buccbugh, The (1852) 7 Moo PCC 267: (1843-60) All ER Rep 125.A maritime lien is a claim which attaches to the res i.e., the ship, freight, or cargo. It may arise ex delicto, e.g., compensation for damage by collision, or ex contractu, for services rendered to the res; but it is strictly confined to services such as salvage, supply of necessaries to the ship, and seamen's wages, and the courts show no tendency to extend the privilege (see The Ripon City, 1897, P. 226). Thus for ordinary work done upon a ship, such as repairs, there will be no maritime lien...


Maritime law

Maritime law, the law relating to harbours, ships, and seamen. An important branch of the commercial law of maritime nations; divided into a variety of departments, such as those about harbours, property of ships, duties and rights of masters and seamen, contracts of affreightment, average salvage, etc. No system or code of maritime law has ever been issued by authority in Great Britain. The laws and practices that now obtain amongst us have been founded on the practice of merchants, the principles of the Civil Law, the laws of Oleron and Wisby the works of juris-consults, the judicial decisions of our own and foreign countries, etc. though still susceptible of amendment, our system corresponds more nearly than any other system of maritime law with those universally recognised principles of justice and general convenience on which merchants and navigators should act.The decisions of Lord Mansfield did much to fix the principles and to improve and perfect the maritime law of England. It...


maritime law

maritime law : law that relates to commerce and navigation on the high seas and other navigable waters and that is administered by the admiralty courts NOTE: Article III of the U.S. Constitution confers the power to hear cases of maritime law on the federal courts. ...


Maritime Courts

Maritime Courts. These were formerly the High Court of Admiralty and its Court of appeal, the Judicial Committee of the Privy Council. But by the (English) Judicature Act, 1873, s. 16, the jurisdiction of the High Court of Admiralty was transferred to and vested in the High Court of Justice; and all causes and matters pending in that Court, or which would have been within its exclusive cognizance, were assigned to a division of the High Court, called the Probate, Divorce, and Admiralty Division (ibid., s. 34) (see now Jud. Act, 1925, s. 56 (3)). The Admiralty jurisdiction of the High Court was extended by s. 5 of the (English) Administration of Justice Act, 1920 [see now Jud. (English) Act, 1925, s. 22 (1) (a)] to cases relating to the use or hire of a ship or carriage of goods in a ship, provided that the owner or part owner of the ship is domiciled in England or Wales. The appeal from the Admiralty branch of that division lies to the Court of Appeal [ibid., s. 18 (5)] [see now (Engli...


Maritime zones of India

Maritime zones of India, means the territorial waters, the contiguous zone, the continental shelf, the exclusive economic zone or any other maritime zone of India. [Coast Guard Act, 1978 (30 of 1978), s. 2(m)]...


maritime

maritime : of or relating to navigation or commerce on navigable waters ...


maritime cause of action

maritime cause of action A case arising on the sea, ocean, Great Lakes or navigable rivers, or from some act or contract concerning the commerce and navigation thereof. Source: FindLaw ...


maritime contract

maritime contract see contract ...


maritime lien

maritime lien see lien ...


Maritimal

See Maritime...


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