Page:Black's Law Dictionary (Second Edition).djvu/768

From Wikisource
Jump to navigation Jump to search
This page needs to be proofread.


MARISCUS

committed within 5. certain space of the

court, wherever it might happen to be. W'liaiton.

MARISCUS. A marshy or fenny ground. C0. Lltt. 5a.

MARITAGIO AMISSO PER DEI‘ALT- AM. An obsolete writ for the tenant in frniii.-miiri'lage to recover lands, etc., of which he was deforccd.

MARITAGIUM. The portion which is given with a daughter in marriage. Also the power which the lord or guardian in chiva.li'y had of disposing or his infant ward in matrimony.

—lVIrir-itagiiun hnbere. To have the tree disposal of an heiress in marriage.

Maritngiiun est nut lihernm nut ner- vitio uhligntnm; liheriun lnnritagluln dit-itur Irbi donator vult quad tetra liu data quieta sit et liliern uh umnl secu- lar-i Iervitio. Co. Litt. 21. A marriage portion is either free or bound to service; it is called "frank-marriage" when the giver wills that land thus given be exempt from all secular service.

MARITAL. Relating to, or connected with, the status of marriage; pertaining to I1 hnshtind: incident to a husband.

—Maritnl coercion. Coercion of the wife hy the husl)and.—Marital portion. In Louisi- ana. The name given to that part of a deceased husband's estate to which the widow is entitled. Civ. Code La. art. 55; Abercromhie V. Ci1lIi'a_v. 3 Mart N. S. (La.) 1.—Marital rights. '1‘he rights of a husband. The expression is Lllielly used to denote the right of I. husband to property which his wife was entitled to during the continuance of the marriage. See Kilburn v. Kilbiirn. 89 Cal. 46. 26 Pac. H36, .23 Am. SL Rep. 447: M('C0un v. Owen; 15 Tex. Civ. App. 346. 40 S. W. .

MABITIMA ANGLIE. In old English law. The eniolument or revenue conilng to the lung from the sca, which the sher- llIs niiciently collected, but which was after- wards gianted to the admiral. Spelman.

MARKTIMA INCREMENTA. English law. 1\l'.irine increasrs. ed from the sea. 1. c. 4.

in old Lands guin- Hule. de Jure Mar. pt.

MARITIJVIE. Pertaining to the sea or ocean or the navigation thereof: or to com- merce conducted by navigation of the sea or (in America) of the great lakes and rivers.

It is nearly equivalent to “marine" in many connections and uses; in others, the two words are used as quite distinct —Maritinie cause. A cause of action orig- inating on the high seas, or growing out of ii maritime contract. 1 Kent. Comm. 367, et seq. —Maritime contract. A contract whose sub- ject-mauer has relation to the navigation of the seas or to trade or commerce to be con-

760

MARITIME

ducted by navigation or to be done upon the sea, or in ports. Over such contracts Chi ud- miralty lias concurrent jurisdiction with the common-law courts. Fxiwnrds v. Elliott. 21 " 487; Doolittle v. 7‘ -10‘ Ho]

l<‘roi:.'lit's of The Kalb (D —Mar-itime c urt. A court exercising jurisdiction in marlti one which possesses the powers and jur Hoiuu of a court of adniiralty.-—.Maritime interest. An expression equivalent to marine inlet. (a. o.)—Maritime Jurisdiction. Jur in maritime Causes: siiiii _]iii'i'sriicrion longs to a court of adinrralty on the ljsmun side—Maritime law. That system of which pui'ticui.ariy relates to coinnierru and navigation, to business transacted at rrc, or p lating to navigation, to ships and shipping. 00 seamen. to the transportation of persam a property by son, and to marine iilfairs generally. e law relating to harbors. ships, and seamen. An important branch of the commercial law of maritime nations: divided into a variety of departments. such ss those about harbors. prop- erty of ships. duties and rights of masters and seamen. contracts of slfreightment, averme. salvage. etc Wharton: The L0li'iWl1nnli, '21 Wall. 572. 22 L. Ed. 654; The Unadiila (D. C. '73 Fed. 35 ' Jervey v. The Curoiinii (D. C. 66 Fed. 1013.—Maritime lien. lien arising out of damage done by a ship in the course of navigation, as by collision, which attui-ltd to the vessel and freight, and is to be enforced hy an action in rem in the admiralty courts. The Unadilla (D. C.) 73 Fed. 351; Parson v. Cunningham. 63 Fed. 134. 11 C. C. A. 1l1; The Underwriter (D. C.) 119 Fed. 715: Stephenson v. The Francis (D. C.) 21 Fed. 719. Maritime liens do not include or require_ osscssion. The word “lien" is used in maritime law not in the strict legal sense in which we understand it in courts of common law. in which case there could be no lien where there was no possession. actual or constructive, but to expres as if by analogy, the nature of clain: \v l.Ll('i] neither presuppose nor oi-ifin-its in possession. 2:? Eng. Law 8: Eq. 2.—1\i[ar-itinia loan. A contract or agreement by which one. who is the lender. lends to another, who is the borrower, a certain sum of money. upon condition that if the thing upon which the loan has been made should be lost ‘by any peril of the sea, or via major, the lender shall not be repaid unless vihat rornains shall be equal to the sum borrowed: and if the thing arrive in safety, or in case it shall not have been injured but by lts oim defects or the fault of the master or mariners, the borrower shall be hound to return the sum borrowed. together with a certain sum agrced upon as the price of the hazard incurred. Euicrig. Mar. Loans, 0. 1. s. 2. And see The Disco. 7 Fed Cas. 1042.-—1VIaritime profit. A term used by French writers to signify any profit derived from B. maritime ioan.—Mar-itime service. In admiralty law. A service renilered upon the high seas or a navigable river, and vshlch has some relation to commerce or navigation.—some connection with a. ressr-l employed in trade, with her equipment. her preservation, or the preserv-ition of her cargo Tlnckarey v. The Farnier. 23 Fed. The Atianfic (D. C.) 53 Fed. 609:

Gas. 87 : Cope r. Vailctte Dry-Dock Cn. (C. C.) "I6 Fed.

925.—lVInr1tirne state, in Elnglish aw. consists of the officers and mariners of the British navy, who are governed by express and perma- nent laws, or the articles of the navy. estab- lished by act of parliumcnt.—iitIariti1ne tort. A 1.ort committed upon the high seas, or upon a navigable river or other navigable water, and hence falling within the jurisdiction of a court of admiralty. The term is never applied to a tort committed upon land, Lhougii relating to

maritime matters. See The Plymouth. 3 WsiL