A material article In an agreement In practice. An engagement or undertaking in writing, to do a certain act; as to try a cause at a certain time. 1 Burrill, Pr. 389. The name ÒstipulationÓ is familiarly given to any agreement made by the attorneys engaged on opposite sides of a cause, (especially if in… Continue Reading STIPULATION
Search Results for: admiralty
SIDE
The same court is sometimes said to have different sides; that Is, different provinces or fields of jurisdiction. Thus, an admiralty court may have an “instance side,” distinct from its powers as a prize court; the “crown side,” (criminal jurisdiction) is to be distinguished from the “plea side,” (civil jurisdiction;) the same court may have… Continue Reading SIDE
RUSTICUM JUDICIUM
Lat. In maritime law. A rough or rude judgment or decision. A judgment iu admiralty dividing RUTA 1049
RESPONDENT
The party who makes an answer to a bill or other proceeding in chancery. The party who appeals against the judgment of au inferior court is termed the “ap- pellant;” and he who contends against the appeal, the “respondent.” The word also de- notes the person upou whom an ordinary petition in the court of… Continue Reading RESPONDENT
RELEASE
1. Liberation, discharge, or settiug free from restraint or confinement. Thus, a man unlawfully imprisoned may obtain his release ou habeas corpus. Barker v. U. S., 22 Ct. CI. 100. 2. The relinquishment, concession, or giving up of a right, claim, or privilege, by the persou in whom it exists or to whom it accrues,… Continue Reading RELEASE
QUEEN’S PRISON
A jail which used to be appropriated to the debtors and criminals confined under process or by authority of the superior courts at Westminster, the high court of admiralty, and also to persons imprisoned under the bankrupt law.
PROCTOR
A procurator, proxy, or attorney. More particularly, an officer of the admiralty and ecclesiastical courts whose duties and business correspond exactly to those of an attorney at law or solicitor in chancery. An ecclesiastical person sent to the lower house of convocation as the representative of a cathedral, a collegiate church, or the clergy of… Continue Reading PROCTOR
PROBATORY TERM
This name is given, in the practice of the English admiralty courts, to the space of time allowed for the taking of testimony in an action, after issue formed.
POSSESSORY ACTION
An action which has for its immediate object to obtain or recover the actual possession of the subject-matter ; as distinguished from an action which merely seeks to vindicate the plaintiff’s title, or which involves tlie bare right only; the latter being called a “petitory” action. An action founded on possession. Trespass for injuries to… Continue Reading POSSESSORY ACTION
POLICIES OF INSURANCE, COURT
A court established in pursuance of the statutes 43 Eliz. c. 12. and 13 & 14 Car. II. c. 23. Composed of the judge of the admiralty, the recorder of London, two doctors of the civil law, two common lawyers, and eight merchants; any three of whom, one being a civilian or a barrister, could… Continue Reading POLICIES OF INSURANCE, COURT