Super Altum Mare - Law Dictionary Search Results
Home Dictionary Name: super altum mareSuper altum mare
Super altum mare [Lat.] (upon the high sea)...
Altum mare
Altum mare (the high sea)....
Super-institution
Super-institution, the institution of one in an office to which another has been previously instituted; as where A. is admitted and instituted to a benefice upon one title, and B. is admitted and instituted on the title or presentment of another, 2 Cro. 463.A church being full by institution, if a second institution is granted to the same church this is a super-institution; concerning which two things have been resolved:-(1) That the super-institution, as such, is properly triable in the spiritual Court; (2) that it is not triable there, in case induction has been given upon the first institution.The advantage of a super-institution is, that is enables the party who obtains it to try his title by ejectment, without putting him to his quare impedit; but many inconveniences thence following (e.g., the uncertainty to whom tithes shall be paid, and the like), this method has been discouraged, Mirehouse on Advowsons, 189....
Cujus est solum ejus est usque ad c'lum et ad inferos, ormore succinctly, Cujus est solum ejus est altum
Cujus est solum ejus est usque ad c'lum et ad inferos, ormore succinctly, Cujus est solum ejus est altum Co. Litt. 4.-(Whose is the soil, his it is even to heaven and to the middle of the earth.) Therefore a man whose land is overhung by his neighbour's treemay cut downthe overhanging boughs, Lemmon v. Webb, 1895 AC 1; and a man who parts with his land, but ishes to retain the minerals beneath it, must expressly reserve them, unless he sell to a railway company, which by s. 77 of the (English) Railways Clauses Consolidation Act, 1845, does not take mines unless the conveyance of the land expressly grants them. As to action for trespass and other torts by aircraft, see the (English) Air Navigation Act, 1920 (10 & 11 Geo. 5, c. 80), s. 9....
Super falso et certo fingitur, super incerto et vero jure sumitur
Super falso et certo fingitur, super incerto et vero jure sumitur, a fiction assumes that the thing feigned is certainly untrue: a presumption of law assumes that what is presumed is not certain to be true. No one ever believed that a fiction (e.g. that a contract in fact made on the high seas was made at the Royal Exchange, or that the plaintiff in the Court of Exchequer was an accountant of the Crown) was true. That is why its truth was not permitted to be denied. On the other hand, it is probably true that, e.g., a child under 8 is doli incapax and for that reason it is conclusively presumed to be true....
Mare clausum
Mare clausum, the title of a celebrated work by Selden, written in answer to the treatise called Mare Liberu...
Super-jurare
Super-jurare, a term anciently used when a criminal endeavoured to excuse himself by his own oath, or the oath of one or two witnesses, and the crime objected against him was so plain and notorious that he was convicted on the oaths of many more witnesses; this was called super-jurare, Jac. Law. Dict....
Super-tax
Super-tax. This term was first employed in the (English) Income Tax Act, 1918 (8 & 9 Geo. 5, c. 40), s. 4, to denote an additional duty of income tax which was then levied upon incomes of over 2,500l., altered to 2,000l. by 10 & 11 Geo. 5, c. 18, per annum. The duty was at the rate prescribed by Parliament in any year.By the (English) Finance Act, 1927 (17 & 18 Geo. 5, c. 10), s. 38, super tax has ceased to become charge-able; instead, income tax is charged at a standard rte and persons whose income exceeds a stated amount pay at a higher rate in respect of the excess. The higher tax on the excess is treated as a deferred instalment of income tax and is called SUR-TAX. See ss. 38 and 40 (ibid.)....
mare liberum
A navigable body of water to which all nations have equal access the opposite of mare clausum...
Consolato del mare
Consolato del mare, a code, ascribed to the fourteenth century and Barcelona, of the usages governing the intercourse of the maritime communities of the Mediterranean; see Encyc. of Eng. Law, where the authorities are referred to....
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