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Statute Merchant - Law Dictionary Search Results

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Statute-merchant

Statute-merchant, a bond of record (see 13 Edw. 1 (Stat. Merc.) repealed by Stat. Law Rev. Act, 1863) under the hand and seal of the debtor, authenticated by the sovereign's seal, with the effect that, on failure of payment on the day assigned, execution might be awarded, without any mesne process to summon the debtor, or bringing in proofs to convict him, and thus, it is presumed, it obtained the name of a 'pocket judgment.' Obsolete....


Pocket-judgment

Pocket-judgment, a statute-merchant which was enforceable at any time after non-payment on the day assigned, without further proceedings. See STATUTE-MERCHANT....


Merchants, Statute of

Merchants, Statute of, 13 Edw. 1, st. 3, repealed by 26 & 27 Vict. c. 125. See ACTON-BURNEL....


Statute staple

Statute staple, a bond of record acknowledged before the mayor of the staple, in the presence of the constables of the staple, or one of them; the only seal required for its validity was the seal of the staple, and therefore if the statute were void for any cause, it could not, as in the case of a statute-merchant (q.v.), be proceeded on as a common obligation; and, wanting the sanction of the seal of the king, the sheriff, after the extent, could not deliver the lands to the consuee, but had to seize them into the king's hands; and in order to obtain possession of them, the conusee had to sue out a writ of Liberate, which was a writ out of Chancery, reciting the former writ, and commanding the sheriff to deliver to the conusee all the lands, tenements, and chattels by him taken into the king's hands, if the conusee would have them, until he should be satisfied his debt. Obsolete. See STAPLE...


Certificando de recognitione stapul'

Certificando de recognitione stapul', a writ commanding the mayor of the staple to certify to the Lord Chancellor a statute-staple taken before him where the party himself detains it, and refuses to bring in the same. There is like writ to certify a statute-merchant, and in divers other cases, Reg. Brev. 148, 151, 152....


Chattels or catals

Chattels or catals [fr. Catalla, Lat.; chatel, Fr.; chaptel, Old Fr.]. The word 'catalla' among the Normans primarily signified only beasts of husbandry or, as they are still called, cattle, but in a secondary sense the term was extended to all movables and not only to these but to whatsoever was not a fief or feud or, at a later date, in the nature of freehold or parcel of it. The distinction in the class of chattels survives in the legal meaning of the terms, 'personal chattels,' denoting movable property and 'chattels real,' which concern the realty, such as terms of years of lands or tenements, wardships, the interest of tenant by statute staple, by statute merchant, by elegit, and such like, Co. Litt., 118 b.Chattels personal or in a more narrow and more modern sense, 'chattels' (cf. 'goods and chattels' in the writ of fieri facias) (q.v.), means movable property or effects which belong personally to the owner and for which if they are injuriously withheld from him he has, in gene...


Homine eligendo ad custodiendam peciam sigilli pro mercatoribus editi

Homine eligendo ad custodiendam peciam sigilli pro mercatoribus editi, a writ directed to a corporation for the choice of a man to keep one part of the seal appointed for statutes-merchant, when a former is dead, according to the Statute of Acton Burnell, Reg. Brev. 178....


Clerico capto per statutum mercatorum

Clerico capto per statutum mercatorum, etc., a writ for the delivery of a clerk out of prison, who is imprisoned upon the breach of a statute-merchant, Reg. Brev. 147....


Statuto mercatorio

Statuto mercatorio, an ancient writ for imprisoning him who had forfeited a statute-merchant bond, until the debt was satisfied, Reg. Brev. 146....


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...


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