Merce - Law Dictionary Search Results
Home Dictionary Name: merceMercative
Mercative, belonging to trade....
Implicata
Implicata [Ital.]. In order to avoid the risk of making fruitless voyages, merchants have been in the habit of receiving small adventures on freight at so much per cent., to which they are entitled at all events, even if the adventure be lost, Merc. Law. [Ital.]. In order to avoid the risk of making fruitless voyages, merchants have been in the habit of receiving small adventures on freight at so much per cent., to which they are entitled at all events, even if the adventure be lost, Merc. Law....
Merce
To subject to fine or amercement to mulct to amerce...
Abatement
Abatement, a making less:-(1) Abatement of Freehold.-The title of a real action which has been abolished. This takes place where a person dies seised of an inheritance, and before the heir or devisee enters, a stranger, having no right, makes a wrongful entry and gets possession of it. Such an entry is technically called an abatement, and the stranger an abater. It is, in fact, a figurative expression, denoting that the rightful possession or freehold of the heir or devisee is overthrown by the unlawful intervention of a stranger. Abatement differs from intrusion, in that it is always to the prejudice of the heir or immediate devisee, whereas the latter is to the prejudice of the reversioner or remainder man: and disseisin differs from them both, for to disseise is to put forcibly or fraudulently a person seised of the freehold out of possession, Co. Litt. 277a.(2) Abatement of Nuisances.-A remedy allowed by law to a person injured by a nuisance to remove or put an end to it by his own...
Contraband
Contraband [fr. Contra, Lat., against; and bando, Ital., edict], such goods as are prohibited to be imported or exported, bought or sold, either by the laws of a particular state or by special treaties; also a term applied to designate that class of commodities which neutrals are not allowed to carry during war to a belligerent power.It is a recognized general principle of the law of nations, that ships may sail to and trade with all kingdoms, countries, and states in peace with the princes or authorities whose flags they bear; and that they are not to be molested by the ships of any other power at war with the country with which they are trading, unless they engage in the conveyance of contraband goods. But great difficulty has arisen in deciding as to the goods comprised in this term.In order to obviate all disputes as to what commodities should be deemed contraband, they have sometimes been specified in treaties or conventions. But this classification is not always respected during ...
Del credere
Del credere [a phrase borrowed from the Italians, equivalent to our word guaranty or warranty, or the Scots term warrandice], an agreement by which a factor, when he sells goods on credit for an additional commission (called a del creder commission), guarantees the solvency of the purchaser and his performance of the contract. Such a factor is called a del creder agent; as to his position, see Thomas Gabriet & Sons v. Churchill & Sim, (1914) 3 KB 1272. He is a mere surety, liable only to his principal in case the purchaser makes default; and the agreement need not be in writing, as it is not within s. 4 of the Statute of Frauds [Sutton & Co. v. Grey, (1894) 1 QB 285], Story on Agency; Smith's Merc. Law....
Free-course
Free-course, having the wind from a favourable quarter, Merc. Law....
Girantem
Girantem, an Italian word which signifies the drawer. Derived from girare, to draw, Bouvier's Law Dict.; Emerigon on Maritime Loans, ed. J.E. Hall, Merc. Law...
Law merchant
Law merchant [lex mercatoria, Lat.], that part of the law of England which governs mercantile transactions. It is founded upon the general custom of merchants of all nations, which, though different from the general rules of the Common Law, has been gradually engrafted into it and made to form part of it. See Introduction to Smith's Merc. Law.Law merchant, means a system of customary law that developed in Europe during the Middle Ages and regulated the dealings of mariners and merchants in all the commercial countries of the world until the 17th century. Many of the law merchant's principles came to be incorporated into the common law, which in turn formed the basis of the Uniform Commercial Code. Also termed commercial law: lex mercatoria, Black's Law Dictionary, 7th Edn., p. 893....
Letters of marque
Letters of marque, commissions for extraordinary reprisals for reparation to merchants taken and despoiled by strangers at sea, grantable by the Secretaries of State, with the approbation of the Sovereign and Council; and usually in time of war, etc., ex Merc. 173. The words marque and reprisal are used as synonymous terms, although the latter is, strictly, taking in return; the former passing the frontiers in order to such taking, Du Cange, tit. 'Marcha.'These letters are grantable by the law of nations, wherever the subjects of one state are oppressed and injured by those of another, and justice is denied by that state to which the oppressor belongs. In this case letters of marque and reprisal may be obtained in order to seize the bodies or goods of the subjects of the offending state, until satisfaction be made, wherever they happen to be found; and, in fact, this custom seems dictated by nature. The necessity, however, is obvious of calling in the sovereign power to determine when ...
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