In maritime law. To leave a port; to be out of a port. To dcpart imports more than to sail, or set sail. A warranty in a policy that a vessel shall depart on or before a particular day is a warranty not only that she shall sail, but that she shall be...
ties. A term used to include all persons whc are not parties to the contract, agreement, or instrument of writing. by which their interest in the thing conveyed is sought to be affected.
or exchange. Uttering it is a declaration that it is good, with an intention to pass, or an offer to pass it. .
the- performance of that contract, received under his care either upon the means of conveyance, or at the point of departure of that means of conveyance. Bricker v. Philadelphia & R. R. Co., 182 Pa. 1, 18 Atl. 983, 19 Am. St. Rep. 585; Schepers v. Un...
735. —Church rate. In English law. A sum assessed for the repair of parochial churches by the representatives of the parishioners in vestry assembled.—Ohurch reeve. A church warden; an overseer of a church. Now obsolete. Cowell. —Church-scot. I...
(Cat. In the civil law. Repentance; reconsideration; changing one’s
1. The sum of money which the obligor of a bond undertakes to pay by way of penalty, in the event of his omitting to perform or carry out the terms imposed npon him by the conditions of the bond.
(N. Y.) 404.—Statute of accumulations. In English law. The statute 39 & 40 Geo. III. c. 98, forbidding the accumulation, beyond a certain period, of property settled by deed or will.—Statute of egiance de facto. An act of 11 Hen. VII. c 1, re qui...
Lat. In old practice. By the consideration (judgment) of the court. Yearb. M. 1 Edw.
L. Fr. By passing the estate. At common law, where two or more ure seised, either by deed, devise, or descent, as joint tenants or coparceners of the same estate, and one of them releases to the other, this is said to inure by way of “ner mitter Ve...
Lat. By words of the future [tense.}] A phrase applied to contracts of marriage. 1 Bl. Comm. 439; 2 Kent, Comm. S7.
Lat. By words of the present [tense.] A phrase applied to contracts of marriage. 1 BI.
sideration. Positive; final; decisive; not PERFORMANCE. The fulfillment or acadmitting of any alternative. Self-determin- complishment of a promise, contract, or oth+
IMPERFEOT. As used in various legal compound terms, this word means defective or incomplete; wanting in some legal or formal requisite; wanting in legal sanction or effectiveness; as in speaking of imperfect “obligations,” “ownership,” “rig...
(Mass.) 432
(Mass.) 6.
(Mass.) 248; Pullen v. Monk, 82 Me. 412, 19 Ati. 909; Gilman v. Inman, 85 Me. 105, 26 Atl. 1049.
(Mass.) 416, 25 Am. Dec. 415; Parker v. Carter, 4 Munf. (Va.) 287, 6 Am. Dec. 513;
(Mass.)-184; State v.° Grant, 86 Iowa, 216...
189, 44 Atl. 683. In maritime law and marine insurance. “Accidents of navigation” or ‘“accidents of the sea” are such as are peculiar to the sea or to usual navigation or the action of the elements, which do not happen by the intervention o...
339 ; Small v. Graves, 7 Barb. (N. Y.) 578.—Fraudulent conveyance. A conveyance or transfer of property, the object of which is to defraud a creditor, or hinder or delay him, or to put such property beyond his reach. Seymour v. Wilson, 14 N. Y. 569...
Lat. In the civil law. The contract of pledge; and also the obligation of such contract.
312; Rawle, Cov. 125. A covenant
485.—Soci6t6 en commandite. In Louisiana. A partnership formed by a contract by which one person or partnership agrees to furnish another person or partnership a certain amount; either in property or money, to be employed by the person or partnersh...
mind; drawing back from an agreement already made, or rescinding it.
between the assured and the underwriter, but is left to be estimated in case of loss. The term is opposed to “valued policy,” in which the value of the subject insured is fixed for the porpoee of the insurance, and expressed on the ace of the pol...
1. A combination of persons or corporations engaged in the same business, or for the purpose of engaging ina particular business or commercial or speculative venture, where all contribute to a common fund, or place their holdings of a given stock or ...
219.—Exe of li - In ecclesiastical law. This is effected by resigning them {nto the bishops hands, and each party being inducted into the other’s benefice. If either die before both are inducted, the exchange is void.—First of ei jas, fk Second...
69.—Actio depositi directa. An action which is brought by the depositor against the depositary, in order to get back the thing deposited. Poth. Du Dépét, n. 60.—Actio directa. A direct action; an action founded on strict law, and conducted: acc...
1, 1, 1, 2.
108; Broom, Max. 697. The rights of creditors can neither be taken away nor diminished by agreements among the debtors.
pt. 4, c. 1, art. 2, $ &
pt. 2, A 8, art. 3, § 1; Civ. Code
er or authority conferred by one. person by deed or will upon another (called the “donee”) to appoint, that is, to select and nominate, the person or persons who are to re eelve and enjoy an estate or an income therefrom or: from a fund, after th...
erate wholly out of the life-estate of the party executing it, and must in every case have its operation out of his estate during his life. Such an estate must be created, which will attach on an interest actually vested in himself. Or they are calle...
221; Life Ass’n v. Boogher. 3 Mo. App. 173; Hess v. Sparks, 44 Kan. 465, 24 Pac. 979), 21 Am. St. Rep. 300; People v. Thompson. 97
(N. Y.) 501.
(N. Y¥.) 420; Roberts v. Prosser, 53 N.
(N. Y.) 810.
(N. Y.) 458. See MANUFACTURE.
(N. ¥.) 40.—...
Presentare nihil aliud est quam prasto dare seu offere. To present is no more than to give or offer on the spot. Co. Litt. 120.