Legal Term Dictionary

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...

This term, in common maritime and commercial usage, means "placed on board of a vessel for the purchaser or consignee, to be transported at his risk." Fisher v. Minot, 10 Gray (Mass.) 262. 1. The owner of goods who intrusts them on board a vessel for delivery abroad, by charter-party More...

This term, in common maritime and commercial usage, means "placed on board of a vessel for the purchaser or consignee, to be transported at his risk." Fisher v. Minot, 10 Gray (Mass.) 262. 1. The owner of goods who intrusts them on board a vessel for delivery abroad, by charter-party or otherwise 2. Also, a Dutch word, signifying the master of a ship. It is mentioned in some of the statutes; is now generally called "skipper." Tomlins. Less...

The demolition or shattering of a vessel, caused by her driving ashore or on rocks and shoals In the mid-* seas, or by the violence of winds and waves In tempests. 2 Arn. Ins. p. 734. o SHIRE. In English law. A county. So called because every county or shire More...

The demolition or shattering of a vessel, caused by her driving ashore or on rocks and shoals In the mid-* seas, or by the violence of winds and waves In tempests. 2 Arn. Ins. p. 734. o SHIRE. In English law. A county. So called because every county or shire Is divided and parted by certain metes and bounds from another. Co. Litt. 50a. --Knights of the shire. See KNIGHT.- Shire-clerk. He that keeps the county court. -Shire-man, or Scyre-man. Before the Conquest, tbe* judge of the county, by whom trials for land, etc., were determined. Tomlins; Mozley & Whitley.-Shire-mote. The assize of the shire, or the assembly of the people, was so called by the Saxons. It was nearly if not exactly, the same as the scyreaemote, and in most respects corresponded with what were afterwards called the "county courts." Brown.-Shire-reeve. In Saxon law. The reeve or bailiff of the shire. The viscount of the Anglo-Normans, and the sheriff of later times. Co. Litt. 168a. Less...

Ships in general; ships or vessels of any kind intended for navigation. Relating to ships; as, shipping interest, ship* ping affairs, shipping business, shipping concerns. Putting on board a ship or vessel, or receiving on board a ship or vessel. Webster; Worcester: The "law of shipping" is a comprehensive term More...

Ships in general; ships or vessels of any kind intended for navigation. Relating to ships; as, shipping interest, ship* ping affairs, shipping business, shipping concerns. Putting on board a ship or vessel, or receiving on board a ship or vessel. Webster; Worcester: The "law of shipping" is a comprehensive term for all that part of the maritime law which relates to ships and the persons employed in or about them. It embraces such subjects as the building and equipment of vessels, their registration and nationality, their ownership and inspection, their employment, (including charter-parties, freight demurrage, towage, and salvage.) and their sale, transfer, and mortgage; also, the employment, rights, powers, and duties of ters and mariners; and the law relating to ship-brokers, ship-agents, pilots, etc. -Shipping articles. A written agreement between tne master of a vessel and the mariners, specifying the voyage or term for which the latter are shipped, and the rate of wages.-Shipping commissioner. An officer of the United tates, appointed by the several circnit courts, within their respective jurisdictions, for each port of entry (the same being also a port of ocean navigation}* which, in the judgment of such court, may require the same; his duties being to supervise the engagement and discharge of seamen; to see that men engaged as seamen report on board at the proper time; to facilitate the apprenticing of persons to the marine service; and other similar duties, such as may be required by law. Rev. St. U. S. ?? 45014508 (U. S. Comp. St 1901, pp. 3061-8067). Less...