Statute Merchant - Law Dictionary Search Results
Home Dictionary Name: statute merchantStatute-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 repealed by Stat.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....
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...
Merchant shipping
Merchant shipping. The Acts relating to Merchant Shipping have been twice consolidated: first, in 1854, by 17 & 18 Vict. c. 104; and, secondly, in 1894, by the (English) Merchant Shipping Act, 1894 (57 & 58 Vict. c. 60), which contains 748 ss. and 22 schedules, the 22nd Schedule containing 48 repealed enactments.By s. 713 of the (English) Act the Board of Trade exercises a general control over merchant shipping. Additions and amendments have been made to the Act of 1894 by various Acts, the most important of which re: the Merchant Shipping Acts, 1906,1907, 1911, 1920, and 1921; the Merchant Shipping (Stevedores and Trimmers) Act, 1911; the Merchant Shipping (Seamen's Allotment)Act, 1911; the Marine Conventions Act, 1911; Merchant Shipping (Certificates) Act, 1914; Merchant Shipping (Salvage)Act, 1916; Merchant Shipping (Wireless Telegraphy)Act, 1919; Merchant Shipping Acts (Amendment) Act, 1923; Fees (Increase) Act, 1923; Merchant Shipping (International Labour Conventions) Act, 1925; ...
Merchants, Statute of
Merchants, Statute of, 13 Edw. 1, st. 3, repealed by 26 & 27 Vict. c. 125. See ACTON-BURNEL....
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....
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....
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....
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....
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