Legal Term Dictionary

The jurisdiction of a sheriff. Called, in modern law, "bailiwick." The office of a sheriff.

The jurisdiction of a sheriff. Called, in modern law, "bailiwick." The office of a sheriff. Less...

A word used by the authorities of the Roman Church, to specify contemptuously the technical parts of the law, as administered by non-clerical lawyers. Wharton.

A word used by the authorities of the Roman Church, to specify contemptuously the technical parts of the law, as administered by non-clerical lawyers. Wharton. Less...

In American law. The chief executive and administrative officer of a county, being chosen by popular election. His principal duties are in aid of the criminal courts and civil courts of record; such as serving process, summoning juries, executing judgments, holding judicial sales, and the like. He is also the More...

In American law. The chief executive and administrative officer of a county, being chosen by popular election. His principal duties are in aid of the criminal courts and civil courts of record; such as serving process, summoning juries, executing judgments, holding judicial sales, and the like. He is also the chief conservator of the peace within his territorial jurisdiction. See State v. Finn, 4 Mo. App. 352; Com. v. Martin, 9 Kulp (Pa.) 69; In re Executive Communication, 13 Fla. 687; Pearce v. Stephens, 18 App. Div. 101, 45 N. Y. Supp. 422; Denson v. Sledge, 13 N. C. 140; Hoc-xett v. Alston, 110 Fed. 912, 49 C. C A. 180. In English law. The sheriff is the principal officer in every county, and has the transacting of the public business of the county. He is an officer of great antiquity, and was also called the "shire-reeve/' "reeve," or "bailiff." He is called In Latin "vice-comes," as being the deputy of the earl or comes, to whom anciently the custody of the shire was committed. The duties of the sheriff principally consist in executing writs, precepts, warrants from justices of the peace for the apprehension of offenders, etc Brown. In Scotch law. The office of sheriff differs somewhat from the same office under the English law, being, from ancient times, an office of important judicial power, as well as ministerial. The sheriff exercises a jurisdiction of considerable extent, both of civil and criminal character, which is, in a proper sense, Judicial, in addition to powers resembling those of an English sheriff. Tomlins; Bell. -Deputy sheriff. See DEPUTY.-High sheriff. One holding the office of sheriff, as distinguished from his deputies or assistants or under sheriffs.-Poohet sheriff. In English law. A sheriff appointed by the sole authority of the crown, without the usual form of nomination by the judges in the exchequer. 1 Bl. Comm. 342; 3 Steph. Comm. 23.-Sheriff clerk. The clerk of the sheriff's court in Scotland.-Sheriff depute. In Scotch law. The principal sheriff of a county, who is also a judge.-Sheriff-peld. A rent formerly paid by a- sheriff, and it is prayed that the sheriff in his account may be discharged thereof. Rot. Pari. 50 Edw. III.-Sheriff-tooth. In English law. A tenure by the service of providing entertainment for the sheriff at his county-courts; a common tax, formerly levied for the sheriff's diet. Wharton.-Sheriff's court. The court held before the sheriff's deputy, that is, the under-sheriff, and wherein actions are brought for recovery of debts under ?20. Writs of inquiry are also brought here to be executed. The sheriff's court for the county of Middlesex is that wherein damages are assessed in proper cases after trial at Westminster. Brown.-Sheriff's Jury. In practice. A jury composed of no determinate number, but which may be more or less than twelve, summoned by the sheriff for the purposes of an inquisition or inquest of office. 3 Bl. Comm. 258.-Sheriff's officers. Bailiffs, who are either bailiffs of hundreds or bound-bailiffs.-Sheriff's sale. See SALE.- Sheriff's tourn.. A court of record in England, held twice every year, within a month after Easter and Michaelmas, before the sheriff, in different parts of the county. It is, indeed, only the turn or rotation of the sheriff to keen a court-leet in each respective hundred. It ia the great court-leet of the county, as the county court is the court-baron; for out of this, for the ease of the sheriff, was taken the court-leet or view of frank-pledge. 4 Bl. Comm. 273. Less...

In the practice of the English high court, when a view by a jury hi ordered, persons are named by the court to show the property to be viewed, and are hence called "shewers." There Is- usually a shewer on behalf of each party. Archb. Pr. 339, et seq.

In the practice of the English high court, when a view by a jury hi ordered, persons are named by the court to show the property to be viewed, and are hence called "shewers." There Is- usually a shewer on behalf of each party. Archb. Pr. 339, et seq. Less...

In English law. To be quit of attachment in a court, in plaints shewed and not avowed. Obsolete.

In English law. To be quit of attachment in a court, in plaints shewed and not avowed. Obsolete. Less...

Changing; varying; pass-big from one person to another by substitution. "Shifting the burden of proof" is transferring it from one party to the other, or from one side of the case to the other, when he upon whom it rested originally has made out a prima facie case or defense More...

Changing; varying; pass-big from one person to another by substitution. "Shifting the burden of proof" is transferring it from one party to the other, or from one side of the case to the other, when he upon whom it rested originally has made out a prima facie case or defense by evidence, of such a character that it then becomes incumbent upon the other to rebut it by contradictory or defensive evidence. .-Shifting; clause. A shifting clause in a settlement is a clause by which some other mode of devolution is substituted for that primarily prescribed. Examples of shifting clauses are: The ordinary name and arms clause, and the clause of less frequent occurrence by which a settled estate is destined as the foundation of a second family, in the event of the elder branch becoming otherwise enriched. These shifting clauses take effect under the statute of uses. Sweet.-Shifting risk. In insurance, a risk created by a contract of insurance on a stock of merchandise, or other similar property, which is kept for sale, or is subject to change in items by purchase and sale; the policy being conditioned to cover the goods in the stock at any and all times and not to be affected by changes in its composition. Farmers', etc, Ins. Ass'n v. Kryder, 5 Ind. App. 430, 31 N. E. 851, 51 Am. St. Rep. 284.- Shifting severalty. See SEVERALTY.-Shifting nso. See USE. Less...

In English law. The name of an English coin, of the value of one-twentieth part of a pound. This denomination of money was also used in America, in colonial times, but was not everywhere of uniform value.

In English law. The name of an English coin, of the value of one-twentieth part of a pound. This denomination of money was also used in America, in colonial times, but was not everywhere of uniform value. Less...

Formerly, a jocose term for a bank-note greatly depreciated in value; also for paper money of a denomination less than a dollar. Webster. See Madison Ins. Co. v. Forsythe, 2 Ind. 483.

Formerly, a jocose term for a bank-note greatly depreciated in value; also for paper money of a denomination less than a dollar. Webster. See Madison Ins. Co. v. Forsythe, 2 Ind. 483. Less...

v. In maritime law. To put on board a ship; to send by ship. To engage to serve on board a vessel as a seaman.

v. In maritime law. To put on board a ship; to send by ship. To engage to serve on board a vessel as a seaman. Less...

n. A vessel of any kind employed in navigation. In a more restricted and more technical sense, a three-masted vessel navigated with sails. The term "ship" or "shipping," when used in this Code, includes steam-boats, sailing vessels, canal-boats, barges, and every structure adapted to be navigated from place to place More...

n. A vessel of any kind employed in navigation. In a more restricted and more technical sense, a three-masted vessel navigated with sails. The term "ship" or "shipping," when used in this Code, includes steam-boats, sailing vessels, canal-boats, barges, and every structure adapted to be navigated from place to place for the transportation of merchandise or persons. Civ. Code Cal. ? 960. Nautical men apply the term "ship" to distinguish a vessel having three masts, each consisting of a lower mast, a topmast, and a topgallant; mast, with their appropriate rigging. In familiar language, it is usually employed to distinguish any large vessel, however- rigged. It is also frequently used as a general designation for all vessels navigated with sails: and this is the sense in which it is employed in law. Tomlins. And see Cope v. Vallette Dry-Dock Co., 119 U. S. 625, 7 Sup. Ct. 336. 30 L. Ed. 501; U. S. v. Open Boat, 27 Fed. Cas. 347; Raft of Cypress Logs, 20 Fed. Cas. 170; Tucker v. Alexandroff, 183 U. S. 424, 22 Sup. Ct. 195. 46 L. Ed. 264; King v. Green-way, 71 N. Y. 417; U. S. v. Dewey, 188 U. S. 254. 23 Sup. Ct. 415, 47 L. Ed. 463; Swan v. U. S., 19 Ct. CI. 62. -General ship. Where a ship is not chartered wholly to one person, but the owner offers her generally to carry the goods of all comers, or where, if chartered to one person, he offers her to several subfreighters for the conveyance of their goods, she is called a "general" ship, as opposed to a "chartered" one. Brown. A vessel in which the master or owners engage separately with a number of persons. unconnected with each other to convey their respective goods to the place of the ship's destination. Ward v. Green, 6 Cow. (N. Y.) 173, 16 Am. Dec. 437.-Ship-breaking. In Scotch law. The offense of breaking into a ship. Arkley, 461.-Ship-broker. An agent for the transaction of business between shipowners and charterers or those who ship cargoes. Little Rock v. Barton, 33 Ark. 444 - Ship-chandlery. This is a term of extensive import, and includes everything necessary to furnish and equip a vessel, so as to render her seaworthy for the intended voyage. Not only stores, stoves, hardware, and crockery have been held to be within the term, but muskets and other arms also, the voyage being round Cape Horn to California, in the course of which voyage arms are sometimes carried for safety. Weaver v. The S. G. Owens, 1 Wall. Jr. 368, Fed. Cas. No. 17,310.-Ship-channel. In rivers, harbors, etc., the channel in which the water is deep enough for vessels of large size, usually marked out in harbors by buoys. The Oliver (I). C.) 22 Fed. 848.-Ship-damage. In the charter-parties with the English East India Company, these words occur. Their meaning is, damage from negligence, insufficiency, or bad stowage in the ship. Abb. Shipp. 204. -Ship-master. The captain or master of a merchant ship, appointed and put in command by the owner, and having general control of the vessel and cargo, with power to bind the owner by his lawful acts and engagements in the management of the ship.-Ship-money. In English law. An imposition formerly levied on port-towns and other places for fitting out ships; revived by Charles I., and abolished in the same reign. 17 Car. I. c 14.-Ship's bill. The copy of the bill of lading retained by the master is called the "ship's bill." It is not authoritative as to the terms of the contract of affreightment; the bill delivered to the shipper must control, if the two do not agree. The Thames, 14 Wall. 98, 20 L. Ed. 804.-Ship's company. A term embracing all the officers of the ship, as well as the mariners or common seamen, but not a passenger. U. S. v. Libby, 26 Fed. Cas. 928; U. S. v. Winn, 28 Fed. Cas. 735.-Ship's husband. In maritime law. A person appointed by the several part-owners of a ship, and usually one of their number, to manage the concerns of the ship for the common benefit. Generally understood to be the general agent of the owners in regard to all the affairs of the ship in the home port. Story, Ag. ? 35; 3 Kent, Comm. 151; Webster v. The Andes, 18 Ohio, 187; Muldon v. Whitlock. 1 Cow. (N. Y.) 307, 13 Am. Dec 533; Gillespie v. Winberg, 4 Daly (N. Y.) 322; Mitchell v. Chambers, 43 Mich. 150, 5 N. W. 57, 38 Am. Rep. 167.-Ship's papers. The papers which must be carried by a vessel on a voyage, in order to furnish evidence of her national character, the nature and destination of the cargo, and of compliance with the navigation laws. The ship's papers are of two sorts: Those required by the law of a particular country; such as the certificate of registry, license, charter-party, bills of lading and of health, required by the law of England to be on board all British ships. Those required by the law of nations to be on board neutral ships, to vindicate their title to that character; these are the pas* port, sea-brief, or sea-letter, proofs of property, the muster-roll or role Less...