Glossary

To another tribunal, belonging to another court, cognizance, or jurisductions.^R

In old English law, the high sea, or seas. The deep sea. Super altum mare, on the high seas.^R

(1)In maritime law, a contract by which the owner of a ship borrows for the use, equipment or repairs of the vessel, and for a definite term, and pledges the ship (or the keel or bottom of the ship, pars pro toto) as security; it being stipulated that if the ship be lost in the specified voyage, or during the limited time, by any of the perils enumerated, the lender shall lose his money.^R

(2)A contract by which a ship or its freightage is hypothecated as security for a loan, which is to be repaid only in case the ship survives a particular risk, voyage or period. The contract is usually in the form of a bond. When the loan is not made on the ship but on the goods on board, and which are to be sold or exchanged in the course of the voyage, the borrower's personal responsibility is deemed the principal security for the performance of the contract, which is therefore called "respondentia".^R

Canadian Institute for Historical Microreproductions, was established in 1978 to locate early printed Canadian materials (books, annuals, and periodicals), preserve their content on microfilm, and make the resulting Early Canadiana Research Collection available to libraries and archives in Canada and abroad. ( http://www.nlc-bnc.ca/cihm/ )

The compensation or set-off of one injurious crime against another.

Definition pending clarification.

An unauthorized assumption and exercise of the right of ownership over goods or personal chattels belonging to another, to the alteration of their condition or the exclusion of the owner's right. Any unauthorized act which deprives an owner of his property permanently or for an indefinite time. Unauthorized and wrongful exercise of dominion and control over another's personal property, to exclusion of or inconsistent with rights of owner.^R

An agreement, convention, or promise of two or more parties, by deed in writing, signed and delivered, by which either of the parties pledges himself to the other that something is either done, or shall be done, or shall not be done, or stipulates for the truth of certain facts. Under common law, such agreements were required to be under seal. The term is currently used primarily with respect to promises in conveyances or other instruments relating to real estate. ^R

(1)In English law, "a personal chattel which, having been the immediate occasion of the death of a person, was forefeited to the Crown to be applied to pious uses." (Abolished in 1846. Could be a sum in lieu of the deodand itself. Source: "Oxford English Dictionary."

(2)Deodand means something "given to God" (deo-dandum). This was the case when a man met with his death through injuries inflicted by some chattel, as by the fall of a ladder, the toss of a bull, or the kick of a horse. In such cases the cause of death was sold, and the proceeds given to the Church. The custom was based on the doctrine of purgatory. As the person was sent to his account without the sacrament of extreme unction, the money thus raised served to pay for masses for his repose. Deodands were abolished September 1st, 1846.^R

(3)Deodand, English law. This word is derived from Deo dandum, to be given to God; and is used to designate the instrument, whether it be an animal or inanimate thing, which has caused the death of a man. 3 Inst. 57; Hawk. bk. 1, c. 8.^R

(4)The deodand is forfeited to the king, and was formerly applied to pious uses. But the presentment of a deodand by a grand jury, under their general charge from the judge of assize, is void. 1 Burr. Rep. 17.^R

Something voluntarily abandoned, esp. a ship abandoned on the high seas.^R

Master of the marketplace.^R

With the court, (or judge) there is ample jurisdiction.^R

That which is expressed makes that which is implied to cease (that is, supersedes it, or controls its effect). Thus, an implied covenant in a deed is in all cases controlled by an express covenant. Where a law sets down plainly its whole meaning the court is prevented from making it mean what the court pleases.^R

Definition pending clarification.

Cargo or wreckage which remains afloat after a vessel has sunk, or which is washed overboard.^R

A rough thick wollen cloth (originally made in Flushing/Vlissingen).

Pertaining to a hance or commercial alliance; but, generally, the union of the Hanse Towns is the one referred to, as in the expression, the "Hanseatic League".^R

Definition pending clarification.

Wine from the higher lands 30-40 miles ast of Bordeaux.

A large cask or barrel, especially one containing from 50 to 112 imperial gallons; (about 238 to 530 litres).^R

I am a man, let no man take away my humanity.^R;
I am human, I let nothing that is human be alien to me.^R;
I am a man; I regard nothing that concerns man as foreign to my interests (Terence)

"Hypotheca" was a term of the Roman law, and denoted a pledge or mortgage. As distinguished from the term "pignus", in the same law, it denoted a mortgage, whether of lands or of goods, in which the subject in pledge remained in the possession of the mortgage or debtor; where as in the pignus the mortgagee or creditor was in the possession. Such an hypotheca might be either express or implied; express, where the parties upon the occasion of the loan entered into express agreement to that effect; or implied, as, e.g. in the case of the stock and utensils of a farmer, which were subject to the landlord's right as a creditor for rent; whence the Scotch law of hypotheca. The word has suggested the term "hypothecate," as used in the mercantile and maritime law of England. Thus, under the factor's act, goods are frequently said to be "hypothecated;" and a captain is said to have a right to hypothecate his vessel for necessary repairs. ^R

In bank, in the bench. A term aplied to proceedings in the court in bank, as distinguished from the proceedings at nisi prius. Also in the English court of common bench. ^R

Within the body (territorial limits) of a country. In English law, water which are infra corpus comitatus are exempt from the jurisdiction of Admiralty. ^R

Against the person. Action seeking judgment against a person involving his personal rights and based on jurisdiction of his person, as distinguished from a judgment against property (i.e., in rem). Type of jurisdiction or power which a court may acquire over the defendant himself in contract to jurisdiction over his property.^R

In the affair, in the matter of, concerning, regarding. This is the usual method of entitling a judicial proceeding in which there are not adversary parties, but merely some res^G concerning which judicial action is to be taken, such as a bankrupt's estate, and estate in the probate court, a proposed public highway, etc. ^R

A technical term used to designate proceedings or actions instituted against the thing, in contradistinction to personal actions, where are said to be in personam.^R

Specific; specifically. Thus, to decree performance in specie is to decree specific performance. In kind; in the same or like form. A thing is said to exist in specie when it retains its existance as a distinct indivudual of a particular class.^R

An interlocutory decree is one which does not finally determine a cause of action but only decides some intervening matter pertaining to the cause, and which requires further steps to be taken in order to enable the court to adjudicate the cause on the merits.^R

Cargo or wreckage thrown overboard, usually to lighten a vessel in distress, such as when it is hard aground or in danger of foundering.^R

Cargo or equipment thrown into the sea from a vessel in distress, but attached to a float or buoy to enable its recovery.^R

A snake lurks in the grass. ^R

The law-merchant; commercial law. That system of laws which is accepted by all commercial nations, and constitutes a part of the law of the land. It is part of the common law.^R

Roman or Civil law. The peculiar securities which, in the common and maritime law and equity, are termed "liens" are embraced under the head of "mortgage and privilege."^R

A former English unit of length for cloth equal to 45 inches (about 1.14 metres). Old english eln.

The end is where the wages are paid out. ^R

The place in which. The place in which the cause of action arose, or where anything is alleged, in pleading to have been done. The phrase is most frequently used in actions of trespass quare clausum fregit. ^{G R}

(1) Any of a breed of fine-wooled white sheep producing a heavy fleece
of exceptional quality.
(2) A soft wool or wool and cotton fabric resembling cashmere.
(3) A fine woodland cotton yarn.^R

In manner and form. Words used in the old Latin form of pleadings by way of traverse, and literally translated in the modern precedents, importing that the party traversing denies the allegation of the other party, not only in its general effect, but in the exact manner and form in which it is made. ^R

The half of anything. Joint tenants are said to hold by moieties. ^R

"No one ought to be enriched by another's loss". ^R

Condition or fact of being subjected to hatred and dislike. In venue statute, it implies such a general ill-feeling towards a party to an action as will render it uncertain whether the cause can be tried by impartial triers, free from an admosphere impregnated with malice or corrupting prejudices. ^R

There are many ways in which the truth may be reached. ^R

Burden of proving; the burden of proof. The strict meaning of the term "onus probandi" is that, if no evidence is adduced by the party on whom the burden is cast, the issue must be found against him. ^R

In bottomry, where a loan is secured by the pledge of the keel of a ship owned by the borrower, it is considered "pars pro toto"; i.e., the part (keel) for the whole (of the ship). ^R

A heavy woolen double-breasted jacket worn chiefly by sailors. (by folk etymology from Dutch pijjekker, from pij, a kind of cloth + jekker, "jacket").^R

(a)A large cask used especially for wine and oil.
(b)Any of various units of liquid capacity based on the size of a pipe, especially, a unit capacity equal to 2 hogsheads (about 477 litres).^R

Let there be greater care taken in dealing with real property than personal. ^R

For work and labour.^R

Proportionate to the actual route or distance carried.^R

"Quantum meruit" as amount of recovery means "as much as deserved" and measures recovery under implied contract to pay compensation as reasonable value of services rendered.^R

Wherefore he broke the close. That species of the action of trespass which has for its object the recovery of damages from an unlawful entry upon another's land is termed "trespass quare clausum fregit; "breaking a close" being the technical expression for all unlawful entry upon land. The language of the declaration in this form of action is "that the defendant with force and arms, broke and entered the close" of the plaintiff. The phrase is often abbreviated to "qu. cl. fr." or "q.c.f.^R

"Qui tam" is the abbreviation of the Latin phrase "qui tam pro domino rege quam pro si ipso in bac parte sequitur", meaning "Who sues on behalf of the King as well as for himself". It is an action brought by an informer, under a statute which establishes a penalty for the commission or omission of a certain act, and provides that the same shall be recoverable in a civil action, part of the penalty to go to any person who will bring such action and the remainder to the state or some other institution. It is called a ""qui tam action" because the plaintiff states that he sues as well for the state as for himself. ^R

Definition pending clarification.

A thick twilled wollen cloth, or the French version: "Ratine" étoffe de laine croisée dont le poil est tiré au dehors et frisé.

The subject matter of a trust or will. In the civil law, a thing: an object. As a term of the law, this word has a very wide and extensive signification, including not only things which are objects of property, but also such as are not capable of individual ownership. And in old English law it is said to have a general import, comprehending both corporeal and incorporeal things of whatever kind, nature or species. By res according to the modern civilians, is meant everything that may form an object of rights, in opposition to personna which is regarded as a subject of right. Res therefore, in its general meaning, comprises actions of all kinds, while in its restricted sense it comprehends every object of right, except actions. This has reference to the fundamental division of the Institutes, that all laws relates either to persons, to things, or to actions. ^R

Rescission of Contract: to abrogate, annul, avoid or cancel a contract; particularly, nullifying a contract by the act of a party. The right to rescission is the right to cancel (rescind) a contract upon the occurrence of certain kinds of default by the other contracting party. To declare a contract void in its inception and to put an end to it as though it never were. A "rescission" amounts to the unmaking of a contract, or an undoing of it from the beginning, and not merely a termination, and it may be effected by mutual agreement of parties, or by one of the parties declaring rescission of contract without concent of other if a legally sufficient ground therefore exists, or by applying to courts for a decree of rescission. It necessarily involves a repudiation of the contract and a refusal of the moving party to be further bound by it. Nevertheless, not every default in a contract will give rise to a right of rescission. An action of an equitable nature in which a party seeks to be relieved of his obligations under a contract on the grounds of mutual mistake, fraud, impossibility, etc.^R

vile passion of avarice.^R

A two-masted sailing vessel rigged as a brig, but with an additional small mast immediately abaft the mainmast to which is attached a fore-and-aft sail.^R

"Eau-de-vie" or grain brandy produced in Schiedam, Holland.

To know laws is not only to take them at their word, but (to judge) the strength and situation (of the people involved)".^R

Definition pending clarification.

Sum for wages and labour.

Existing, inferred, or understood without being openly expressed or stated; implied by silence or silent acquiescence, as a tacit argeement or a tacit understanding. Done or made in silence, implied or indicated, but not actually expressed. Manifested by the refraining from contraducting or objection; inferred from the situation and circumstances, in the absence of express matter. ^R

A belief or doctorine generally held to be true; esp: one held in common by members of an organization, group or profession.^R

Wrongful; of the nature of a tort. The word "tortious" is used throughout the Restatement, Second, Torts, to denote the fact that conduct whether of act or omission is of such a character as to subject the actor to liability, under the principles of the law of torts.^R

The amount that a container (as a cask) lacks of being full. (Middle French eullage;"act of filling a cask", from eullier "to fill a cask".^R

Old measure of capacity, one-third of pipe, cask or vessel holding this quantity.^R

Definition pending clarification.^R