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| This dictionary contains: 8526 juridical terms |
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Seaworthiness
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SeaworthinessA basic theme in maritime law, referring to the obligation of shipowners and carriers (supra) to provide a vessel and crew fit to confront the perils of the sea. In the carriage of goods by sea, under art. 3(1) of the Hague and Hague/Visby Rules (supra), the carrier must exercise "due diligence" before and at the beginning of the voyage " (a) to make the ship seaworthy; (b) to properly man, equip and supply the ship; and (c) to make the holds, refrigerating and cool chambers, and all other parts of the ship in which goods are carried, fit and safe for their reception, carriage and preservation". Although less demanding than the absolute duty of seaworthiness of the former common law, which applied at all times and at all stages of the voyage, the due diligence obligation has been held to be an overriding obligation on the carrier.
RELATED TERMS--------------------------------------
Maritime
That which belongs to or is connected with the sea.
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.
Obligation
In its general and most extensive sense, obligation is synony- mous with duty. In a more technical meaning, it is a tie which binds us to pay or to do something agreeably to the laws and customs of the country in which the obligation is made.
Crew
Those persons who are employed in the navigation of a vessel.
Sea
The ocean; the great mass of waters which surrounds the land, and which probably extends from pole to pole, covering nearly three quarters of the globe. Waters within the ebb and flow of the tide, are to be considered the sea.
Rules
English law. The rules of the King's Bench and Fleet are certain limits without the actual walls of the prisons, where the prisoner, on proper security previously given to the marshal of the king's bench, or warden of the fleet, may reside; those limits are considered, for all legal and practical purposes, as merely a further extension of the prison walls.
Carrier
One who engages to transport persons or property.
Ship
This word, in its most enlarged sense, signifies a vessel employed in navigation; for example, the terms the ship's papers, the ship's hushand, shipwreck, and the like, are employed whether the vessel referred to be a brig, a sloop, or a three-masted vessel.
Man
A human being. This definition includes not only the adult male sex of the human species, but women and children; examples: "of offences against man, some are more immediately against the king, other's more immediately against the subject." Hawk. P. C. book 1, c. 2, s. 1. Offences against the life of man come under the general name of homicide, which in our law signifies the killing of a man by a man.
Chambers
Practice. When a judge decides some interlocutory matter, which has arisen in the course of the cause, out of court, he is said to make such decision at his chambers.
Absolute
Without any condition or encumbrance, as an "absolute bond,"simplex obligatio, in distinction from a conditional bond;
Seaworthiness
A basic theme in maritime law, referring to the obligation of shipowners and carriers (supra) to provide a vessel and crew fit to confront the perils of the sea. In the carriage of goods by sea, under art. 3(1) of the Hague and Hague/Visby Rules (supra), the carrier must exercise "due diligence" before and at the beginning of the voyage " (a) to make the ship seaworthy; (b) to properly man, equip and supply the ship; and (c) to make the holds, refrigerating and cool chambers, and all other parts of the ship in which goods are carried, fit and safe for their reception, carriage and preservation". Although less demanding than the absolute duty of seaworthiness of the former common law, which applied at all times and at all stages of the voyage, the due diligence obligation has been held to be an overriding obligation on the carrier.
Common
marriage law. a marriage in which no formal ceremony took place and no license exists.
Diligence
1) In Scotland, there are certain forms of law, whereby a creditor endeavors to make good his payment, either by affecting the person of his debtor, or by securing the subjects belonging to him from alienation, or by carrying the property of these subjects to himself. 2) Contracts. The doing things in proper time.
SIMILAR TERMS--------------------------------------
PREVIOUS AND NEXT TERMS--------------------------------------
Seamen's fund
By the act of July 16, 1798, a provision is made for raising a fund for the relief of disabled and sick seamen: the master of every vessel arriving from a foreign port into the United States is required to pay to the collector of customs at the rate of twenty cents per month for every seaman employed on board of his vessel, which sum he may, retain out of the wages of such seaman: vessels engaged in the coasting trade, and boats, rafts or flats navigating the Mississippi, with intention to proceed to New Orleans, are also laid under similar obligations. The fund thus raised is to be employed by the president of the United States as circumstances shall require, for the benefit and convenience of sick and disabled American seamen
Search
1) Criminal law. An examination of a man's house, premises or person, for the purpose of discovering proof of his guilt in relation to some crime or misdemeanor of which be is accused. 2) Practice. An examination made in the proper lien office for mortgages, liens, judgments, or other encumbrances, against real estate. The certificate given by the officer as to the result of such examination is also called a search.
Search warrant
crim. law, practice. A warrant requiring the officer to whom it is addressed, to search a house or other place therein specified, for property therein alleged to have been stolen; and if the same shall be found upon such search, to bring the goods so found, together with the body of the person occupying the same, who is named, before the justice or other officer granting the warrant, or some other justice of the peace, or other lawfully authorized officer.
Search, right of
Maritime law. The right existing in a belligerent to examine and inspect the papers of a neutral vessel at sea. On the continent of Europe, this is called the right of visit.
Searcher
English law. An officer of the customs, whose duty it is to examine and search all ships outward bound, to ascertain whether they have any prohibited or uncustomed goods on board.
Seaworthiness
Seck
1) It means a warrant of remedy by distress. 2) It imports want of present fruit or profit, as in the case of the reversion without rent or other service, except fealty.
Second
A measure equal to one sixtieth part of a minute.
Second deliverance
Practice. The name of a writ given by statute of Westminster the second, founded on the record of a former action of replevin.It commands the sheriff, if the plaintiff make him secure of prosecuting his claim, and returning the chattels which were adjudged to the defendant by reason of the plaintiff's default, to make deliver-ance. On being nonsuited, the plaintiff in replevin might, at common law, have brought another replevin, and so in infinitum, to the intolerable vexation of the defendant.
Second surcharge, writ of
The name of a writ issued in England against a commoner who has a second time surcharged the common.
Secondary
1) Construction. That which comes after the first, which is primary: as, the primary law of, nations the secondary law of nations. 2) English law. An officer who is second or next to the chief officer; as secondaries to the prothonotaries of the courts of king's bench, or common pleas; secondary of the remembrancer in the exchequer.
RELATED TERMS--------------------------------------
Maritime
That which belongs to or is connected with the sea.
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.
Obligation
In its general and most extensive sense, obligation is synony- mous with duty. In a more technical meaning, it is a tie which binds us to pay or to do something agreeably to the laws and customs of the country in which the obligation is made.
Crew
Those persons who are employed in the navigation of a vessel.
Sea
The ocean; the great mass of waters which surrounds the land, and which probably extends from pole to pole, covering nearly three quarters of the globe. Waters within the ebb and flow of the tide, are to be considered the sea.
Rules
English law. The rules of the King's Bench and Fleet are certain limits without the actual walls of the prisons, where the prisoner, on proper security previously given to the marshal of the king's bench, or warden of the fleet, may reside; those limits are considered, for all legal and practical purposes, as merely a further extension of the prison walls.
Carrier
One who engages to transport persons or property.
Ship
This word, in its most enlarged sense, signifies a vessel employed in navigation; for example, the terms the ship's papers, the ship's hushand, shipwreck, and the like, are employed whether the vessel referred to be a brig, a sloop, or a three-masted vessel.
Man
A human being. This definition includes not only the adult male sex of the human species, but women and children; examples: "of offences against man, some are more immediately against the king, other's more immediately against the subject." Hawk. P. C. book 1, c. 2, s. 1. Offences against the life of man come under the general name of homicide, which in our law signifies the killing of a man by a man.
Chambers
Practice. When a judge decides some interlocutory matter, which has arisen in the course of the cause, out of court, he is said to make such decision at his chambers.
Absolute
Without any condition or encumbrance, as an "absolute bond,"simplex obligatio, in distinction from a conditional bond;
Seaworthiness
A basic theme in maritime law, referring to the obligation of shipowners and carriers (supra) to provide a vessel and crew fit to confront the perils of the sea. In the carriage of goods by sea, under art. 3(1) of the Hague and Hague/Visby Rules (supra), the carrier must exercise "due diligence" before and at the beginning of the voyage " (a) to make the ship seaworthy; (b) to properly man, equip and supply the ship; and (c) to make the holds, refrigerating and cool chambers, and all other parts of the ship in which goods are carried, fit and safe for their reception, carriage and preservation". Although less demanding than the absolute duty of seaworthiness of the former common law, which applied at all times and at all stages of the voyage, the due diligence obligation has been held to be an overriding obligation on the carrier.
Common
marriage law. a marriage in which no formal ceremony took place and no license exists.
Diligence
1) In Scotland, there are certain forms of law, whereby a creditor endeavors to make good his payment, either by affecting the person of his debtor, or by securing the subjects belonging to him from alienation, or by carrying the property of these subjects to himself. 2) Contracts. The doing things in proper time.
SIMILAR TERMS--------------------------------------
PREVIOUS AND NEXT TERMS--------------------------------------
Seamen's fund
By the act of July 16, 1798, a provision is made for raising a fund for the relief of disabled and sick seamen: the master of every vessel arriving from a foreign port into the United States is required to pay to the collector of customs at the rate of twenty cents per month for every seaman employed on board of his vessel, which sum he may, retain out of the wages of such seaman: vessels engaged in the coasting trade, and boats, rafts or flats navigating the Mississippi, with intention to proceed to New Orleans, are also laid under similar obligations. The fund thus raised is to be employed by the president of the United States as circumstances shall require, for the benefit and convenience of sick and disabled American seamen
Search
1) Criminal law. An examination of a man's house, premises or person, for the purpose of discovering proof of his guilt in relation to some crime or misdemeanor of which be is accused. 2) Practice. An examination made in the proper lien office for mortgages, liens, judgments, or other encumbrances, against real estate. The certificate given by the officer as to the result of such examination is also called a search.
Search warrant
crim. law, practice. A warrant requiring the officer to whom it is addressed, to search a house or other place therein specified, for property therein alleged to have been stolen; and if the same shall be found upon such search, to bring the goods so found, together with the body of the person occupying the same, who is named, before the justice or other officer granting the warrant, or some other justice of the peace, or other lawfully authorized officer.
Search, right of
Maritime law. The right existing in a belligerent to examine and inspect the papers of a neutral vessel at sea. On the continent of Europe, this is called the right of visit.
Searcher
English law. An officer of the customs, whose duty it is to examine and search all ships outward bound, to ascertain whether they have any prohibited or uncustomed goods on board.
Seaworthiness
Seck
1) It means a warrant of remedy by distress. 2) It imports want of present fruit or profit, as in the case of the reversion without rent or other service, except fealty.
Second
A measure equal to one sixtieth part of a minute.
Second deliverance
Practice. The name of a writ given by statute of Westminster the second, founded on the record of a former action of replevin.It commands the sheriff, if the plaintiff make him secure of prosecuting his claim, and returning the chattels which were adjudged to the defendant by reason of the plaintiff's default, to make deliver-ance. On being nonsuited, the plaintiff in replevin might, at common law, have brought another replevin, and so in infinitum, to the intolerable vexation of the defendant.
Second surcharge, writ of
The name of a writ issued in England against a commoner who has a second time surcharged the common.
Secondary
1) Construction. That which comes after the first, which is primary: as, the primary law of, nations the secondary law of nations. 2) English law. An officer who is second or next to the chief officer; as secondaries to the prothonotaries of the courts of king's bench, or common pleas; secondary of the remembrancer in the exchequer.
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This dictionary contains 8526 terms.
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