In maritime law. A loan on bottomry. So named because the lender, in case of a loss, or expense incurred for the common safety, must contribute to the gross or general average.
Appraisers appointed under an act of congress to afford aid and assistance to the collectors of customs in the appraisement of imported merchandise. Gibb v. Washington, 10 Fed. Cas. 288.
An assignment made for the benefit of all the assignor’s creditors, instead of a few only; or one which transfers the whole of his estate to the assignee, instead of a part only. Royer Wheel Co. v. Fielding, 101 N. Y. 504. 5 N. E. 431; Halsey v. Connell, 111 Ala. 221, 20 South. 445; Mussey v. Noyes, 26 Vt. 471.
A peculiar species of trial by jury, introduced in the time of Heniy II., giving the tenant or defendant in a writ of right the alternative of a trial by battel, or by his peers. Abolished by 3 & 4 Wm. IV. c. 42,
In maritime law. A contribution made by the owners of a ship, its cargo, and the freight, towards the loss sustained by the voluntary and necessary sacrifice of property for the common safety, in proportion to their respective interests. More commonly called “general average,” (5. v.) See 3 Kent, Comm. 232; 2 Steph. Comm. 179. Wilson v. Cross, 33 Cal. 09.
Another name for a depositum or naked bailment, which is made only for the benefit of the bailor and is not a source of profit to the bailee. Foster v. Essex Bank, 17 Mass. 499, 9 Am. Dec. 108.
In English law. The name of an instrument used for the transfer of a ship while she is at sea. An expression which is understood to refer to the instrument whereby a ship was originally transferred from the builder to the owner, or first purchaser. 3 Kent, Comm. 133. 9. In the law of negotiable Instruments. A promissory obligation for the payment of money. Standing alone or without qualifying words, the term is understood to mean a bank note, United States treasury note, or other piece of paper circulating as money. Green v. State, 28 Tex. App. 493, 13 S. VV. 785; Keith v. Jones, 9 Johns. (N. Y.) 121; Jones v. Fales, 4 Mass. 252.
A judicial writ in the old real actions, which issued for the demandant where the tenant, after being duly summoned, neglected to appear on the return of the writ, or to cast an essoin, or, in case of an essoin being cast, neglected to appear on the adjournment day of the essoin; its object being to compel an appearance. Rose. Real Act. 105, et seq. It was called a “cape,” from the word with which it commenced, and a “grand cape” (or cape magnum) to distinguish if from the petit cape, which lay after appearance.
A term used in the old ecclesiastical law to denote a period of forty days.
Poor rate. In English law.A tax levied by parochial authorities for the relief of the poor.
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