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1903, § 652; Rev. Codes N. D. 1899, $ 4176.—Marine ocontract. One relating to maritime affairs, shipping, navigation, marine insurance, affreightment, maritime loans, or other business to be done upon the sea or in co...
1903, § 652; Rev. Codes N. D. 1899, $ 4176.—Marine ocontract. One relating to maritime affairs, shipping, navigation, marine insurance, affreightment, maritime loans, or other business to be done upon the sea or in co...
757, 54 Pac. 974; Poe v. Howell (N. M.) 67 Pac. 62; Chamberlain v. Walter, 60 Fed. 792; State v. Karr, 64 Neb. 514, 90 N. W. 298. 424, 63 Pac. 969; Lawler v. McPheeters, 73 Ind. 579. —Peremptory instruction. given by ...
(or R.&0QO.). Clarke's Notes of Cases, in his “Rules and Orders,” Bengal. ;
(or Olc. Adm.). Olcott's United States District Court, Admiralty.
502.—Olear cvidemce or proof. vidence which is positive, precise and explicit, as opposed to ambiguous, equivocal, or contradictory proof, and which tends directly to establish the point to which it is adduced, instead...
English law. The clerical privilege; privilege or benefit of clergy.
butelr’, clerk of the pantry and buttery,
848.—Ship-damage. In the charter-parties with the English East India Company, these words occur. Their meaning is, damage from negligence, insufficiency, or bad stowage in the ship. Abb. Shipp. 204. —Ship-master. The...
431, 53 Am. Rep. 79; Sebastian vy. State, 44 Tex. Cr. R. 508, 72 S. W. 850; Worley v. Spurgeon, 38 Iowa, 465.
440; Ex parte s lor. Miss. 481, 38 Am. Rep. 336; State v.
OKER. In Scotch law. Usury; the tak-
ENCLOSURE. See INctLosure.
178, 10 Sup. Ct. 518, 33 L. Ed. 872; New Orleans v. United
(Mass.) 532; French v. French, 3 N. H. 260; Perry v. Price, 1 Mo. 004; Orndoff v. Turman, 2 Leigh (Va.) 233, 21 Am. Dec. 608.
self the accessory. Parsons v. Welles, 17
be made to the contrary. Co. Litt. 2320;
From time to time, and at all times. Townsh. Pl. 17.
1. In legislative prac tice, a bill including in one act various separate and distinct matters, and particularly one joining a number of different subjects in one measure in such a way as to compel the executive authorit...
loquela. Every action is a plaint or complaint. Co. Litt. 202a.
tion in the civil law is hazardous, for there is little that cannot be subverted.
the contribution of all. law of general average.
CONCERN. When a policy of insurance expresses that the insurance is made “on account of whom it may concern,” it will cover all persons having an insurable interest in the subject-matter at the date of the policy and...
IMPLEADED. Sued or prosecuted; used particularly in the titles of causes where there are several defendants ; as “A. B., impleaded with ©. D.”
MORTGAGE. This rule signifies that an instrument originally intended as a mortgage, and not a deed, cannot be converted into anything else than a mortgage by any subsequent clause or agreement.
L. Fr. Accused. Du Cange.
the provisions of the laws of the United States relating to the taxation of apuncus liquors.
CLAUSE. A precautionary stipulation inserted in a deed making a good tenant to the precipe in a common recovery. See 1 Prest.
the commission of a crime, though not as a principal; and this includes all persons who have been concerned in its commission, whether they are considered, in strict legal propriety, as principals in the first or second ...
business is to buy and sell merechandise, or any class of goods, deriving a profit.from his dealings. 2 Kent, Comm. 389; State v. Chabourn, 80 N. C. 481, 30 Am. Rep. 94; In re New York & W.. Water Co. (D.
A writ that lay for a joint tenant or tenant in common who was distrained for more rent than his proportion of the land comes to.
Lat. A lading; a cargo.
Lat. In the civil law. The servitude of support; a servitude by which the wall of a house is required to sustain the wall or beams of the adjoining house.
uable consideration, 4. c., one which imposes a burden or charge in return for the benefit conferred.
Dutch. Immovable and fast estate, that is, ‘land or real estate. The phrase is used in Dutch wills, deeds, and antenuptial contracts of the early colohial period in New York.
Lat. A burden or load; a weight. The lading, burden, or cargo of a vessel. A charge; an incumbrance. Cum onere, (g. v.,) with the incumbrance.
8. An abbreviation for “Old Style,” or “Old Series.” y. Porter, 134 Ala. 302, 32 South. 678, 92 v. Taylor, 8 Ga. 408, 11 8. E. 396, 8 LJ t. N. Cases tempore Northington (Eden’s English Chancery Reports).
106. Serjeanty is the same as service.
there is no uniformity in their constitutions and rules. It is well known that clubs exist which limit the number of the members and_ select them with great care, which own considerable property in common, and in which t...
- OCCUPARE. Lat. In the civil law. To seizé or take possession of; to enter upon ® vacant possession; to take possession before another. Calvin.
aad Civil or Civil Code of France.
L. Bep. Colorado Law Reporter.
one of them shall commit, or appear to have committed, or be represented in court as having committed, acts constituting a cause of divorce, for the purpose of enabling the other to obtain a divorce. Civil Code Cal. § 1...
COMES AND DEFENDS. This phrase, anciently used in the language of pleading, and still surviving in some jurisdictions, oc curs at the commencement of a defendant's plea or demurrer; and of its two verbs the former signif...
Lat. ant; a count or earl.
12. Commercial] paper means negotiable paper given in due course of business, whether the element of negotiability be given it by the lawmerchant or by statute. A note given by a merchant for money loaned ie within the m...
session of it against the adverse claim of the other party.
by another. Oakland Bank v. Wilcox, 60
a given instrument is a will, and yet the court of construction may decide that it has no operation, by reason of perpetuities, illegality, uncertainty, etc. Wharton.—Egquitable construction. A construction of a law, r...
tain: event. Jemison v. Blowers, 5 Barb..(N. Y.) 692.
words together shows that they are to be