Statute Merchant - Law Dictionary Search Results
Home Dictionary Name: statute merchant Page: 2Piracy
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 ...
Salvage
Salvage, allowance or compensation made by maritime law to those by whose exertions ships or goods have been saved from the dangers of the seas, fire, pirates, or enemies.This was allowed by the laws of Rhodes, Oleron, and Wisby, and is also allowed by all modern maritime states; the person who saves goods from loss or imminent peril has a lien upon them, and may retain them till payment of salvage. In this, however, the maritime law differs from the Common Law. No doctrine similar to 'salvage' applies to things lost upon land, nor to anything except ships or goods in peril at sea, Falcke v. Scottish Imperial Insurance Co., (1886) 34 Ch D 248, per Bowen, L.J.If the salvage be performed at sea, or on land (Judic. Act, 1925, s. 22), the Court of Admiralty has jurisdiction, and fixes the sum to be paid, adjusts the proportions, and takes care of the property pending the suit; or, if necessary, directs a sale and divides the proceeds between the salvors and the proprietors. In fixing the r...
Adulteration and misbranding of foodstuffs
Adulteration and misbranding of foodstuffs, Adulteration and misbranding of foodstuffs is a rampant evil and a statute calculated to control that evil is indisputably in the interest of the general public. The statute imposing restrictions upon traders will not be deemed unreasonable merely because it makes a departure from the normal structure of statutes enunciating offences and prescribing punishments, Andhra Pradesh Grain and Seed Merchants Association v. Union of India, AIR 1971 SC 2346 (2349): 1970 (2) SCC 71. (Prevention of Food Adulteration Act, 1954)...
Parish Apprentices
Parish Apprentices, persons who were bound out by the overseers of parishes, or by the guardians of the poor. The children of poor persons could be apprenticed out by the overseers, with consent of two justices, and by the guardians without such consent, till twenty-one years of age, to such persons as were thought fitting; who were no longer, however, compellable to take them, Poor Law Amendment Act, 1844, s. 13. This was repealed by the Poor Law Act, 1927, now repealed. For the present law, see Poor Law Act, 1930 (19 & 20 Geo. 5, c. 17), ss. 59 to 66, also s. 69 (naval service for boys), and the Merchant Shipping Act, 1894 (57 & 58 Vict. c. 60), s. 393 (merchant service); and see Chitty's Statutes, tit. 'Poor (Apprentices).'...
Tonnage
Tonnage, the estimated number of tons burden that a ship will carry; as to measurement, see ss. 77 to 78 and Sch. II. of the (English) Merchant Shipping Act, 1894, and ss. 54, 55 of the (English) Merchant Shipping Act, 1906 (Chitty's Statutes, tit. 'Shipping').The capacity of a vessel for carrying freight or other loads, calculated in tons, Black's Law Dictionary, 7th Edn., p. 1496...
Appointed day
Appointed day. A day fixed by an Act of Parliament for some purpose of the statute; see, e.g., the Local Government Act, 1894, s. 84; Merchant Shipping Act, 1906, s. 5.In relation to a Tribunal or an Appellate Tribunal, means the date on which such Tribunal is established under sub-s. (1) of s. 3 or, as the case maybe, sub-s. (1) of s. 8. [Recovery of Debts Due to Banks and Financial Institutions Act, 1993 (13 of 1985), s. 2 (c)]In relation to a Tribunal, means the date with effect from which it is established, by notification, under s. 4. [Administrative Tribunals Act, 1985 (13 of 1985), s. 3 (c)]In relation to any provision of this Act, means the day on which that provision comes into force. [Advocates Act, 1961 (25 of 1961), s. 2 (b)]Means the date on which the Corporation is established under s. 3. [Life Insurance Corporation Act, 1956 (31 of 1956), s. 2 (1)]Means the date on which these rules shall come into force. [Supreme Court Rules, 1966, s. 2 (1) (c)]Means the day following i...
Inquiries
Inquiries. Under the Tribunals of Inquiry (Evidence) Act, 1921 (11 Geo. 5, c. 7), upon resolution by both Houses of Parliament, His Majesty or a Secretary of State may appoint a tribunal with all the powers of the High Court, or in Scotland the Court of Session, to inquire into a definite matter of urgent public importance under various statutes. Departmental inquiries may or must in certain circumstances be instituted, e.g., inquiries under the Factory, Local Government, Merchant Shipping (Wreck Inquiries), Housing, Town and Country Planning, Road Traffic and other Acts.The term 'inquiries', as used in Item 94 of List I and Item 45 of List III, without any limitations upon their nature or specification of their character or objects, is wide enough to embrace every kind of inquiry, State of Karnataka v. Union of India, AIR 1978 SC 68: (1978) 2 SCR 1: (1977) 4 SCC 608....
Mediators of questions
Mediators of questions, six persons authorised by statute, who, upon any question arising among merchants, relating to unmerchantable wool, or undue packing, etc., might, before the mayor and officers of the staple, upon their oath, certify and settle the same; to whose determination therein the parties concerned were to submit, 27 Edw. 3, st. 2, c. 24....
Staple
Staple, a public mart which anciently was appointed by law to be held in Westminster, Newcastle, Bristol, and other places. A Court was held before the mayor of the staple, which court was governed by the law merchant. It appears from Statute 14 Ric. 2, that the staple goods of England then were wool, woolfells, leather, lead, tin, cloth, butter cheese, etc....
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; ...
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