Seas Beyond - Law Dictionary Search Results
Home Dictionary Name: seas beyondSeas, Beyond
Seas, Beyond, (1) at Common Law, not being in Great Britain; (2) by statute (19 & 20 Vict. c. 97), s. 12, as to the operation of certain Statutes of Limitation, not being in Great Britain, or Ireland, or the Channel Islands, or Isle of Man. See LIMITATION....
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)]...
Ouster le Mer
Ouster le Mer, beyond the sea; a cause of excuse, if a person, being summoned, did not appear in court. see SEAS, BEYOND....
Absence beyond the seas
Absence beyond the seas. See LIMITATION OF ACTIONS, and TRUSTEE....
Limitation of actions and prosecutions
Limitation of actions and prosecutions. By various statutes, of which the first was 21 Jac. 1, c. 16, the (English) Limitation Act, 1623, and the principal succeeding ones, the Real Property Limitation Act, 1833 (3 & 4 Will. 4, c. 42), the (English) Civil Procedure Act (3 & 4 Will. 4, c. 27) [see Read v. Price, (1909) 2 KB 724], and 37 & 38 Vict. c. 57, the (English) Real Property Limitation Act, 1874, certain periods are fixed within which, upon the principle Interest reipublic' ut sit finis litium, particular actions must be brought or proceedings taken.In the case of simple contract the remedy on the contract is barred, leaving the creditor free to enforce his claims by other means which may be still available, such as enforcing a lien, subsequent acknowledgment by the debtor or appropriation of payments, but not by way of set-off (9 Geo. 4, c. 14, s. 3). In regard to land, the right to it is destroyed after the statutory period and neither re-entry nor acknowledgment after the laps...
Royal Title
Royal Title, '[George VI.] by the Grace of God of the United Kingdom of Great Britain and Ireland and of all the British dominions beyond the seas, King, Defender of the Faith, Emperor of India.' The words 'British dominions beyond the seas' were added by King Edward VII. in pursuance of the Royal Titles Act, 1901, and the title of Empress of India had been added by Queen Victoria in pursuance of the Royal Titles Act, 1876, to the Royal Titles given under the Union Acts....
Vice-Admiralty Courts
Vice-Admiralty Courts, tribunals established in his Majesty's possessions beyond the seas with jurisdiction over maritime causes, including those relating to prize. See 3 Steph. Com.The Vice-Admiralty Courts Act, 1863 (26 Vict. c. 24), repealed 2 & 3 Wm. 4 c. 51, and other Acts. For the matters in respect of which the Vice-Admiralty Courts should have jurisdiction, see ss. 10, 11 of the 1863 Act.The above Act, with other cognate enactments, is repealed by the Colonial Courts of Admiralty Act, 1890 (53 & 54 Vict. c. 27), by which (see s. 17) Vice-Admiralty Courts are abolished, and superseded (see s. 2) by Colonial Courts with unlimited jurisdiction in Admiralty, subject to an appeal (see s. 6) to the Sovereign in Council.The Act has been amended in regard to the self-governing Dominions by the Statute of Westminster (22 & 23 Geo. 5, c. 4), ss. 1, 6 and 11....
Pr'munire
Pr'munire [fr. pr'moneri Lat., to be forewarned]. It is an offence so called from the words of the writ preparatory to the prosecution thereof: pr'munire facias A.B. (cause A.B. to be forewarned) that he appear before us to answer the contempt wherewith he stands charged; which contempt is particularly recited in the Preamble to the writ. The offence of pr'munire is, in effect, described by Balckstone to be 'introducing a foreign power into the land, and creating imperium in imperio, by paying that obedience to alien process which constitutionally belonged to the King alone'; see 4 Bl. Com. pp. 103 et seq.The statute of pr'munire (which are all still unrepealed, and are of the most confused character) were framed to encounter papal usurpation by presentation of aliens to English benefices. The first of them, called the Statutes of Provisors, was passed in 1350, in the twenty-fifth year of the reign of Edward III., and was the foundation of all the subsequent statute of pr'munire, of wh...
Penal Servitude
Penal Servitude, a punishment in the United King-dom which by the Penal Servitude Act, 1853, has superseded transportation (see that title) beyond the seas; but is in all respects as to hard labour, etc., similar to it. It ranges in duration from three years to the life of the convict.The (English) Criminal Law Consolidation Act of 1861 frequently authorise a minimum term of three years' penal servitude. This minimum of three years was altered to five by the (English) Penal Servitude Act, 1864, s. 2, but altered back to three by the (English) Penal Servitude Act, 1891, that very important Act providing as follows by s. 1:-(1) where under any enactment in force when this section comes into operation [5th Aug., 1891] a Court has power to award a sentence of penal servitude, the sentence may, at the discretion of the Court, be for any period not less than 3 years, and not exceeding either 5 years, or any greater period authorized by the enactment.(2) where under any Act now in force or un...
Mercantile Law Amendment Act, 1856 (English)
Mercantile Law Amendment Act, 1856 (English) (19 & 20 Vict. c. 97). Its principal enactments are: (1) that a writ of execution shall not effect a title bona fide acquired before seizure; (2) that in an action for breach of contract to deliver goods sold, a writ for the delivery of the goods may be obtained (these two ss. are repealed by the Sale of Goods Act, 1893, and reproduced by ss. 26 and 52 of that Act); (3) that the consideration for a guarantee need not appear in writing; (4) that a guarantee to or for a firm ceases upon a change in the firm (this s. is repealed by the Partnership Act, 1890, and reproduced by s. 18 of that Act); (5) that a surety who discharges a liability is to be entitled to an assignment of all securities held by the creditor; (Ss. 6 and 7) that an acceptance of a bill of exchange must be in writing, and that 'inland bill of exchange' bears a certain definition-these two sections are repealed by the Bills of Exchange Act, 1882, and reproduced by ss. 7 and 17...
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