KING’S ADVOCATE

An English advocate who holds, in the courts in which the rules of the canon and civil law prevail, a similar position to that which the attorney general holds in the ordinary courts, t. e., he acts as counsel for the crown in ecclesiastical, admiralty, and probate cases, and advises the crown on questions of… Continue Reading KING’S ADVOCATE

Categories: K

INFRA CORPUS COMITATUS

Within the body (territorial limits) of a couuty. Iu English law, waters which are infra corpus comitatus are exempt from the jurisdiction of the admiralty.

Categories: I

IN PERSONAM, IN REM

In the Roman law, from which they are taken, the expressionsÓin remÓ and Òin personamÓ were always opposed to one another, an act or proceeding in personam being one done or directed against or with reference to a specific person, while an act or proceeding in rem was one done or directed with reference to… Continue Reading IN PERSONAM, IN REM

Categories: I

IMPRESSMENT

A power possessed by the English crown of taking persons or propertyto aid in the defense of the country, with or without the consent of the personsconcerned. It is usually exercised to obtain hands for the royal ships in time of war, bytaking seamen engaged in merchant vessels, (1 Bl. Comm. 420; Maud & P.… Continue Reading IMPRESSMENT

Categories: I

HIGHER AND LOWER SCALE

In the practice of the English supreme court of judicature there are two scales regulatingthe fees of the court and the fees which solicitors are entitled to charge. The lowerscale applies (unless the court otherwise or ders) to the following cases: All causes and matters assigned by the judicature acts tothe king’s bench, or the… Continue Reading HIGHER AND LOWER SCALE

Categories: H

HEAVE TO

In maritime parlance and admiralty law. To stop a sailing vessel’sheadway by bringing her head “into the wind,” that is, iu the direction from which thewind blows. A steamer is said to be “hove to” when held in such a position that shetakes the heaviest seas upon her quarter. The Hugo (D. C.) 57 Fed.… Continue Reading HEAVE TO

Categories: H

EXCEPTION

In practice. A formal objection to the action of the court, during the trial of a cause, in refusing a request or overruling an objection; implying that the party excepting does not acquiesce in the decision of the court, but will seek to procure its reversal, and that he means to save the benefit of… Continue Reading EXCEPTION

Categories: E

EBB AND FLOW

An expression used formerly in this country to denote the limits ofadmiralty jurisdiction. See United States v. Aborn, 3 Mason, 127, Fed. Cas. No. 14,418;Hale v. Washington Ins. Co., 2 Story, 176, Fed. Cas. No. 5,916; De Lovio v. Bolt, 2 Gall.398, Fed. Cas. No. 3,776; The Hine v. Trevor, 4 Wall. 562, 18 L.… Continue Reading EBB AND FLOW

Categories: E

DOCTORS’ COMMONS

An institution near St. Paul’s Churchyard, iu London, where,for a long time previous to 1857, the ecclesiastical and admiralty courts used to be held.

Categories: D

DISTRICT REGISTRY

By the English judicature act, 1873, $ CO, it is provided that to facilitate proceedings in country districts the crownmay, from time to time, by order in council, create district registries, and appointdistrict registrars for the purpose of issuing writs of summons, and for other purposes.Documents sealed in any such district registry shall be received… Continue Reading DISTRICT REGISTRY

Categories: D