Juridical Dictionary

This dictionary contains:
8526
juridical terms

Master at common law




Master at common law

English law. An officer of the superior courts of law, who has authority for taking affidavits sworn in court, and administering a variety of oaths; and also empowered to compute principal and interest on bills of exchange and other engagements, on which suit has been brought; he has also the power of an examiner of witnesses going abroad, and the like.

RELATED TERMS
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Law
A rule or body of rules of conduct inherent in human nature and essential to or binding upon human society. The learned profession that is mastered by graduate study in a law school and that is responsible for the judicial system.

Superior
One who has a right to command; one who holds a superior rank; as, a soldier is bound to obey his superior. 2. In estates, some are superior to others; an estate entitled to a servitude or easement over another estate, is called the superior or dominant, and the other the inferior or servient estate.

Authority
Government. The right and power which an officer has in the exercise of a public function to compel obedience to his lawful commands.

Taking
1) English law. The union of securities given at different times, so as to prevent any intermediate purchasers claiming title to redeem, or otherwise discharge one lien, which is prior, without redeeming or discharging other liens also, which are subsequent to his own title. 2) Crim. torts. The act of laying hold upon an article, with or without removing the same; a felonious taking is not sufficient without a carrying away, to constitute the crime of larceny.

Court
A body in government to which the administration of justice is delegated.

Principal
1) This word has several meanings. It is used in opposition to accessary, to show the degree of crime committed by two persons; thus, we say, the principal is more guilty than the accessary after the fact. 2) Contracts. One who, being competent to contract, and who is sui juris, employs another to do any act for his own benefit, or on his own account. 3) Criminal law. A principal is one who is the actor in the commission of a crime.

Interest
1) Estates. The right which a man has in a chattel real, and more particularly in a future term. It is a word of less efficacy and extent than estates, though, in legal understanding, an interest extends to estates, rights and titles which a man has in or out of lands, so that by a grant of his whole interest in land, a reversion as well as the fee simple shall pass. 2) Contracts. The right of property which a man has in a thing, commonly called insurable interest. 3) Evidence. The benefit which a person has in the matter about to be decided and which is in issue between the parties.

Suit
An action. The word suit in the 25th section of the judiciary act of 1789, applies to any proceeding in a court of justice, in which the plaintiff pursues, in such court, the remedy which the law affords him. An application for a prohibition is therefore a suit.

Power
This is either inherent or derivative. The former is the right, ability, or faculty of doing something, without receiving that right, ability, or faculty from another. The people have the power to establish a form of govemment, or to change one already established. A father has the legal power to chastise his son; a master, his apprentice.

Witnesses
People who may have information of a Fraud based on observation.



SIMILAR TERMS
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Master
"This word has several meanings. 1) Master is one who has control over a servant or apprentice. A master stands in relation to his apprentices, in loco parentis, and is bound to fulfil that relation, which the law generally enforces. He is also entitled to be obeyed by his apprentices, as if they were his children. 2) Master is one who is employed in teaching children, known generally as a schoolmaster; as to his powers 3) Master is the name of an officer: as, the ship Benjamin Franklin, whereof A B is master; the master of the rolls; master in chancery, &c .4) By master is also understood a principal who employs another to perform some act or do something for him. The law having adopted the maxim of the civil law, qui facit per alium facit per se; the agent is but an instrument, and the master is civilly responsible for the act of his agent, as if it were his own, when he either commands him to do an act, or puts him in a condition, of which such act is a result, or by the absence of due care and control, either previously in the choice of his agent, or immediately in the act itself, negligently suffers him to do an injury.

Master in chancery
An officer of the court of chancery. The origin of these officers is thus accounted for. The chancellor from the first found it necessary to have a number of clerks, were it for no other purpose, than to perform the mechanical part of the business, the writing; these soon rose to the number of twelve. In process of time this number being found insufficient, these clerks contrived to have other clerks under them, and then, the original clerks became distinguished by the name of masters in chancery. He is an assistant to the chancellor, who refers to him interlocu-tory orders for stating accounts, computing damages, and the like. Masters in chancery are also invested with other powers, by local regulations.

Master of a ship
Maritime law. The commander or first officer of a ship; a captain.

Master of the rolls
English law. An officer who bears this title, and who acts as an assistant to the lord chancellor, in the court of chancery.

Master's disbursements
Expenditures made by the master and paid for with his own funds or obtained on his personal credit for the purchase of necessaries (infra) for the ship. A maritime lien is granted for such disbursements, but both the disbursements and the lien are virtually extinct today, because modern means of communication obviate the need for them, and because masters no longer wish to bind their own credit to obtain necessaries for the ship.



PREVIOUS AND NEXT TERMS
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Maryland
One of the original states of the United States of America. The province of Maryland was included in the patent of the Southern or Virginia company; and upon the dissolution of that company, it reverted to the crown. Charles the First, on the 20th of June, 1632, granted it by patent to Lord Baltimore. Under this charter Maryland continued to be governed, with some short intervals of interruption, down to the period of the American Revolution, by the successors of the original proprietor.

Masculine
That which belongs to the male sex.

Massachusetts trust
A unique way to organize a business where the property is bought by, or transferred to, a trustee (such as a trust company) and the trustee issues trust "units", which the investors, or their designates, hold as beneficiaries. This is a common way to structure a large real estate purchase.

Massachusetts.
One of the original states of the United States of America. The colony or province of Massachusetts was included in a charter granted by James the First, by which its territories were extended in breadth from the 40th to the 48th degree of north latitude, and in length by all the breadth aforesaid throughout the mainland from sea to sea. This charter continued until 1684. In 1691 William and Mary granted a new charter to the colony, and henceforth it became known as a province, and continued to act under this charter till after the Revolution.

Master
"This word has several meanings. 1) Master is one who has control over a servant or apprentice. A master stands in relation to his apprentices, in loco parentis, and is bound to fulfil that relation, which the law generally enforces. He is also entitled to be obeyed by his apprentices, as if they were his children. 2) Master is one who is employed in teaching children, known generally as a schoolmaster; as to his powers 3) Master is the name of an officer: as, the ship Benjamin Franklin, whereof A B is master; the master of the rolls; master in chancery, &c .4) By master is also understood a principal who employs another to perform some act or do something for him. The law having adopted the maxim of the civil law, qui facit per alium facit per se; the agent is but an instrument, and the master is civilly responsible for the act of his agent, as if it were his own, when he either commands him to do an act, or puts him in a condition, of which such act is a result, or by the absence of due care and control, either previously in the choice of his agent, or immediately in the act itself, negligently suffers him to do an injury.

Master at common law

Master in chancery
An officer of the court of chancery. The origin of these officers is thus accounted for. The chancellor from the first found it necessary to have a number of clerks, were it for no other purpose, than to perform the mechanical part of the business, the writing; these soon rose to the number of twelve. In process of time this number being found insufficient, these clerks contrived to have other clerks under them, and then, the original clerks became distinguished by the name of masters in chancery. He is an assistant to the chancellor, who refers to him interlocu-tory orders for stating accounts, computing damages, and the like. Masters in chancery are also invested with other powers, by local regulations.

Master of a ship
Maritime law. The commander or first officer of a ship; a captain.

Master of the rolls
English law. An officer who bears this title, and who acts as an assistant to the lord chancellor, in the court of chancery.

Master's disbursements
Expenditures made by the master and paid for with his own funds or obtained on his personal credit for the purchase of necessaries (infra) for the ship. A maritime lien is granted for such disbursements, but both the disbursements and the lien are virtually extinct today, because modern means of communication obviate the need for them, and because masters no longer wish to bind their own credit to obtain necessaries for the ship.

Mate
The second officer on board of a merchant ship or vessel.

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This dictionary contains 8526 terms.







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