Juridical Dictionary

This dictionary contains:
8526
juridical terms

Touch and stay






Touch and stay

These words are frequently introduced in policies of insurance, giving the party insured the right to stop and stay at certain designated points in the course of the voyage. A vessel which has the power to touch and stay at a place in the course of the voyage, must confine herself strictly to the terms of the liberty so given; for any attempt to trade at such a port during such a stay, as by shipping or landing goods, will amount to a species of deviation which will discharge the underwriters, unless the ship have also liberty to trade, as well as to touch and stay at such a place.

RELATED TERMS
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Insurance
Contracts. It is defined to be a contract of indemnity from loss or damage arising upon an uncertain event.

Party
Practice, contracts. When applied to practice, by party is understood either the plaintiff or defendant. In contracts, a party is one or more persons who engage to perform or receive the performance of some agreement.

Insured
Contracts. The person who procures an insurance on his property.

Right
1) Sometimes it signifies a law, as when we say that natural right requires us to keep our promises, or that it commands restitution, or that it forbids murder. In our language it is seldom used in this sense. 2) It sometimes means that quality in our actions by which they are denominated just ones. This is usually denominated rectitude. 3) It is that quality in a person by which he can do certain actions, or possess certain things which belong to him by virtue of some title. In this sense, we use it when we say that a man has a right to his estate or a right to defend himself.

Stay
A procedure whereby a court does not dismiss an action or dismisses it conditionally on grounds of forum non conveniens (supra).

Points
Construction. Marks in writing and in print, to denote the stops that ought to be made in reading, and to point out the sense.

Course
The direction in which a line runs in surveying.

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.

Place
Pleading, evidence. A particular portion of space; locality.

Liberty
Freedom from restraint. The power of acting as one thinks fit, without any restraint or control, except from the laws of nature. Liberty is divided into civil, natural, personal, and political.

Attempt
An endeavor or effort to do an act or accomplish a crime, carries beyond preparation, but lacking execution.

Trade
In its most extensive signification this word includes all sorts of dealings by way of Bale or exchange. In a more limited sense it signifies the dealings in a particular business, as the India trade; by trade is also understood the business of a particular mechanic, hence boys are said to be put apprentices to learn a trade, as the trade of a carpenter, shoemaker, and the like.

Will
A will is a legal document in which a person directs how his property is to be distributed after his death. Such documents must be executed in due form and must be duly witnessed.

Deviation
A departure by the carrier of goods by sea from the agreed or customary geographic route, done without the consent of the cargo interests. At common law, a deviation deprived cargo of its insurance coverage, so that the carrier was treated as the insurer of the goods.

Discharge
Practice. The act by which a person in confinement, under some legal process, or held on an accusation of some crime or misdemeauor, is set at liberty; the writing containing the order for his being so set at liberty, is also called a discharge.

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.

Well
A hole dug in the earth in order to obtain water.



SIMILAR TERMS
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PREVIOUS AND NEXT TERMS
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Total
Complete; containing the whole; as the total amount of an account is all the items of such account added together; total incapacity, is an absolute and complete incapacity to do a thing. A married woman is totally incapable to make a contract, because, although having intelligence, she has not legal capacity and an idiot is totally incapable to enter into a contract, because he has no will.

Total loss
A technical expression, importing an utter loss of the property for the voyage, and no more.

Totality
The whole sum or quantity.

Totidem verbis
In so many words.

Toties quoties
As often as the thing shall happen.

Touch and stay

Toujours et uncore prist
Always, and still ready. This is the name of a plea of tender, as where a man is indebted to another, and he tenders the amount due, and after wards the creditor brings a suit, the defendant may plead the tender, and add that he has always been and is still ready to pay what he owes, which may be done by the formula toujours et uncore prist. He must then pay the money into court, and if the issue be found for him, the defendant will be exonerated from costs, and the plaintiff made justly liable for them.

Tour d'echelle
French law. Tour d'echelle is a right which the owner of an estate has of placing ladders on his neighbor's property to facilitate the reparation of a party wall, or of buildings which are supported by that wall. It is a species of servitude.

Tout temps prist
Pleading. These old French words signify always ready. The name of a plea to an action where the defendant alleges that he has always been ready to perform what is demanded of him; and he adds that he is still ready, uncore prist.

Towage
Contracts. That which is given for towing ships in rivers.

Town
This word is used differently in different parts of the United States. In Pennsylvania and some other of the middle states, it signifies a village or a city. In some of the northeastern states it denotes a subdivision of a county, called in other places a township.

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This dictionary contains 8526 terms.