Juridical Dictionary

This dictionary contains:
8526
juridical terms

Superseding clause




Superseding clause

A clause in a bill of lading (supra) providing that the bill of lading itself supersedes all agreements or freight (supra) engagements for the shipment of the goods, and also that all the terms of the bill of lading, whether written, typed, stamped or printed, are binding on the shipper (supra), consignee (supra), owner of the goods and holder of the bill, as if the bill were signed by them, any local customs or privileges to the contrary notwithstanding.

RELATED TERMS
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Clause
Contracts. A particular disposition which makes part of a treaty; of an act of the legislature; of a deed, written agreement, or other written contract or will.

Bill
1) Legislation. An instrument drawn or presented by a member or committee to a legislative body for its approbation and enactment. After it has gone through both houses and received the constitutional sanction of the chief magistrate, where such approbation is requisite, it becomes a law. 2) Merchant law. An account containing the items of goods sold, or of work done by one person against another. 3) Contracts. A bill or obligation, is a deed whereby the obligor acknowledges himself to owe unto the obligee a certain sum of money or some other thing, in which, besides the names of the parties, are to be considered the sum or thing due, the time, place, and manner of payment or delivery thereof. It may be indented, or poll, and with or without a penalty.

Freight
Maritim law, contracts. The sum agreed on for the hire of a ship, entirely or in part, for the carriage of goods from one port to another; note; but in, its more extensive sense it is applied to all rewards or compensation paid for the use of ships.

Shipper
One who ships or puts goods on board of a vessel, to be carried to another place during her voyage. In general, the shipper is bound to pay for the hire of the vessel, or the freight of the goods.

Consignee
The party to whom delivery of the goods is to be made under a contract for the carriage of goods by water.

Owner
Property. The owner is he who has dominion of a thing real or person-al, corporeal or incorporeal, which he has a right to enjoy and to do with as he pleases, even to spoil or destroy it, as far as the law permits, unless he be prevented by some agreement or covenant which restrains his right.

Holder
The holder of a bill of exchange is the person who is legally in the possession of it, either by endorsement or delivery, or both, and entitled to receive payment either from the drawee or acceptor, and is considered as an assignee. 4 Dall. 53. And one who endorses a promissory note for collection, as an agent, will be considered the holder for the purpose of transmitting notices.

Were
The name of a fine among the Saxons imposed upon a murderer

Local
Pertaining to a place; something annexed to the freehold or tied to a certain place; as, local courts, or courts whose jurisdiction is limited to a particular place; local allegiance, or allegiance due while you are in a particular place or country; local taxes, or those which are collected for particular districts.

Customs
This term is usually applied to those taxes which are payable upon goods and merchandise imported or exported.

Notwithstanding
In spite of, even if, without regard to or impediment by other things.



SIMILAR TERMS
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Super altum mare
Upon the high sea.

Super visum corpore
Upon view of the body. When an inquest is held over a body found dead, it must be super visum corpore.

Supercargo
Maritime law. A person specially employed by the owner of a cargo to take charge of the merchandise which has been shipped, to sell it to the best advantage, and to purchase returning cargoes and to receive freight, as he may be authorized.

Superficiarius
Civil law. He who has built upon the soil of another, which he has hired for a number of years or forever, yielding a yearly rent. This is not very different from the owner of a lot on ground rent in Pennsylvania.

Superficies
A Latin word used among civilians. It signifies in the edict of the praetor whatever has been erected on the soil, quidquid solo inoedificdtum est.

Superfoetation
med. jur. The conception of a second embryo, during the gestation of the first, or the conception of a child by a woman already pregnant with another, during the time of such pregnancy.

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.

Supernumerarii
Rom. civil law. From the reign of Constantine to Justinian, advocates were divided into two classes: viz. advocates in title, who were called statute, and supernumeraries. The statutis were inscribed in the mat-riculation books, and formed a part of the college of advocates in each jurisdiction. The supernumeraries were not attached to any bar in particular, and could reside where, they pleased; they took the place of advocates by title, as vacancies occurred in that body.

Supersedeas
practice, actions. The name of a writ containing a command to stay the proceedings at law.

Superstitious use
English law. When lands, tenements, rents, goods or chattels are given, secured or appointed for and toward the maintenance of a priest or chaplain to say mass; for the maintenance of a priest, or other man, to pray for the soul of any dead man, in such a church or elsewhere; to have and maintain perpetual obits, lamps, torches, &c., to be used at certain times to help to save the souls of men out of purgatory; in such cases the king by force of several statutes, is authorized to direct and appoint all such uses to such purposes as are truly charitable.

Supervisor
An overseer; a surveyor.



PREVIOUS AND NEXT TERMS
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Superficies
A Latin word used among civilians. It signifies in the edict of the praetor whatever has been erected on the soil, quidquid solo inoedificdtum est.

Superfoetation
med. jur. The conception of a second embryo, during the gestation of the first, or the conception of a child by a woman already pregnant with another, during the time of such pregnancy.

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.

Supernumerarii
Rom. civil law. From the reign of Constantine to Justinian, advocates were divided into two classes: viz. advocates in title, who were called statute, and supernumeraries. The statutis were inscribed in the mat-riculation books, and formed a part of the college of advocates in each jurisdiction. The supernumeraries were not attached to any bar in particular, and could reside where, they pleased; they took the place of advocates by title, as vacancies occurred in that body.

Supersedeas
practice, actions. The name of a writ containing a command to stay the proceedings at law.

Superseding clause

Superstitious use
English law. When lands, tenements, rents, goods or chattels are given, secured or appointed for and toward the maintenance of a priest or chaplain to say mass; for the maintenance of a priest, or other man, to pray for the soul of any dead man, in such a church or elsewhere; to have and maintain perpetual obits, lamps, torches, &c., to be used at certain times to help to save the souls of men out of purgatory; in such cases the king by force of several statutes, is authorized to direct and appoint all such uses to such purposes as are truly charitable.

Supervisor
An overseer; a surveyor.

Supplemental
That which is added to a thing to complete it as a supplemental affidavit, which is an additional affidavit to make out a case; a supplemental bill.

Supplemental bill
equity plead. A bill already filed to supply some defect in the original bill.

Supplemental rules
The Supplemental Rules for Certain Admiralty and Maritime Claims, adopted in 1966 as part of the Federal Rules of Civil Procedure in the United States.

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This dictionary contains 8526 terms.







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