Seizure - Law Dictionary Search Results
Home Dictionary Name: seizure Page: 3Moiety
Moiety [fr. medietas, Lat. through moitie Fr.], half.Moiety, 1. A half of something (such as an estate). 2. A portion less than half; a small segment. 3. In customs law, a payment made to an informant who assists in the seizure of contraband, Black's Law Dictionary, 7th Edn., p. 1021...
Copyright
Copyright, an incorporeal right, being the exclusive privilege of printing, reprinting, selling, and publishing is own original work which the statute law first gave to an author in 1709, by 8 Anne, c. 19, for the term of fourteen years. Whether the right exited at Common Law is a long-vexed and still undetermined question. See Jeffries v. Boosey, (1854) 4 HLC 815. There is no copyright in an illegal or immoral publication, Southey v. Sherwood, (1817) 2 Mer 435; Stockdale v. Onwhyn, (1826) 5 B&C 173.The law of copyright now depends mainly on the (English) Copyright Act,1911 (1 & 2 Geo. 5, c. 46) (July 1, 1912), and 'no person shall be entitled to copyright or any similar right in any literary dramatic, musical, or artistic work, whether published or unpublished, otherwise than under and in accordance with the provisions of this Act, or of any other statutory enactment for the time being in force' (s. 31).By sub-s. 2 of s. 1 of this Act 'copyright' is thus defined:--For the purposes of ...
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 are repealed by the Sale of Goods Act, 1893, and reproduced by ss. 26 and 52 of that Act); (3) that the consideration for a guarantee need not appear in writing; (4) that a guarantee to or for a firm ceases upon a change in the firm (this s. is repealed by the Partnership Act, 1890, and reproduced by s. 18 of that Act); (5) that a surety who discharges a liability is to be entitled to an assignment of all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of exchange must be in writing, and that 'inland bill of exchange' bears a certain definition-these two sections are repealed by the Bills of Exchange Act, 1882, and reproduced by ss. 7 and 17...
Rem, information in
Rem, information in, when any goods are supposed to become the property of the Crown, and no one appears to claim them or to dispute the title, as anciently in the case of treasure-trove, wrecks waifs, and estrays seized by the Crown's officers. After such seizure an information was usually filed in the Exchequer, and thereupon a proclamation was made for the owner (if any) to come in and claim the effects, and at the same time there issued a commission of appraisement to value the goods, after the return of which and a second pro-clamation made, if no claimant appeared, the goods were supposed derelict, and condemned to the use of the Crown; and when in later times forfeitures of the goods themselves, as well as personal penalties on the parties, were inflicted by Act of Parliament for transgressions against the laws of the customs and excise, the same process was adopted in order to secure such forfeited goods for the public use, though the offender had escaped justice. See 18 & 19 V...
Nam
Nam, distress; seizure, Anc. Inst. Eng....
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 ...
Ravishment
Ravishment, forcible violation. See ABDUCTION and RAPE.--forcible seizure and carrying off of another person (esp. a woman), Black's Law Dictionary, 7th Edn....
Recaption
Recaption, the taking a second distress of one formerly distrained, during the plea grounded on the former distress; and it was a writ to recover damages for him whose goods, being distrained for rent, or service, etc., were distrained again for the same cause, pending the plea in the County Court or before the justices, Fitz. N.B. 71.It is also a species of remedy by the mere act of the party injured. This happens when anyone has deprived another of his property, in goods or chattels personal, or wrongfully detains one's wife, child, or servant, in which case the owner of the goods, and the husband, parent, or master, may lawfully claim and retake them, wherever he happens to find them, so it be not in a riotous manner, or attended with a breach of the peace, 3 Bl. Com. 4.At common law, lawful seizure of another's pro-perty for a second time to secure the performance of a duty, Black's Law Dictionary, 7th Edn., p. 1274....
Replevin
Replevin, a personal action to recover possession in specie of goods unlawfully taken (generally, but not exclusively, applicable to the taking of goods distrained for rent), by contesting the validity of the seizure, whereas, if the owner prefer to have damages instead, the validity may be contested by action of trespass or unlawful distress. The word means a re-delivery to the owner of the pledge or thing taken in distress. It is re-delivered to him by the registrar of the county court of the district within which it was taken, upon his undertaking and giving security to try the validity of the distress or taking, in an action of replevin to be forthwith commenced by him against the distrainer, and prosecuted with effect and without delay either in the County Court or in the High Court, and to restore it if the right be adjudged against him; after which the distrainer may keep it in distraint subject to the law of distress.It is a general rule that whoever brings replevin ought to ha...
Reprisal
Reprisal, the taking one thing in satisfaction for another. Reprisals are used between nation and nation, in order to do themselves justice, when they cannot otherwise obtain it. If a nation has taken possession of what belongs to another-if she refuses to pay a debt, to repair an injury, or to give adequate satisfaction for it-the latter seizes something belonging to the former, and applies it to her own advantage, unless she obtains payment of what is due to her, together with interest and damages, or may keep it as a pledge until she has received ample satisfaction. For the latter it is rather a stoppage or a seizure than reprisals, but they are frequently confounded in common language, Vattel, by Chit. 283. Reprisals are either ordinary, as arresting and taking the goods of merchant-strangers within the realm, or extra-ordinary, as satisfaction out of the realm, and are under the Great Seal, Lex Mercat. 120. See also RECAPTION; CAPIAS IN WITHERNAM; LETTERS OF MARQUE.The use of forc...
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