The Strange Death of the Law Merchant - Part 2
Total Page:16
File Type:pdf, Size:1020Kb
Load more
Recommended publications
-
PUBLIC RECORDS ACT 1958 (C
PUBLIC RECORDS ACT 1958 (c. 51)i, ii An Act to make new provision with respect to public records and the Public Record Office, and for connected purposes. [23rd July 1958] General responsibility of the Lord Chancellor for public records. 1. - (1) The direction of the Public Record Office shall be transferred from the Master of the Rolls to the Lord Chancellor, and the Lord Chancellor shall be generally responsible for the execution of this Act and shall supervise the care and preservation of public records. (2) There shall be an Advisory Council on Public Records to advise the Lord Chancellor on matters concerning public records in general and, in particular, on those aspects of the work of the Public Record Office which affect members of the public who make use of the facilities provided by the Public Record Office. The Master of the Rolls shall be chairman of the said Council and the remaining members of the Council shall be appointed by the Lord Chancellor on such terms as he may specify. [(2A) The matters on which the Advisory Council on Public Records may advise the Lord Chancellor include matters relating to the application of the Freedom of Information Act 2000 to information contained in public records which are historical records within the meaning of Part VI of that Act.iii] (3) The Lord Chancellor shall in every year lay before both Houses of Parliament a report on the work of the Public Record Office, which shall include any report made to him by the Advisory Council on Public Records. -
Accounts of the Constables of Bristol Castle
BRISTOL RECORD SOCIETY'S PUBLICATIONS General Editor: PROFESSOR PATRICK MCGRATH, M.A., Assistant General Editor: MISS ELIZABETH RALPH, M .A., F.S.A. VOL. XXXIV ACCOUNTS OF THE CONSTABLES OF BRISTOL CASTLE IN 1HE THIRTEENTH AND EARLY FOURTEENTH CENTURIES ACCOUNTS OF THE CONSTABLES OF BRISTOL CASTLE IN THE THIR1EENTH AND EARLY FOUR1EENTH CENTURIES EDITED BY MARGARET SHARP Printed for the BRISTOL RECORD SOCIETY 1982 ISSN 0305-8730 © Margaret Sharp Produced for the Society by A1an Sutton Publishing Limited, Gloucester Printed in Great Britain by Redwood Burn Limited Trowbridge CONTENTS Page Abbreviations VI Preface XI Introduction Xlll Pandulf- 1221-24 1 Ralph de Wiliton - 1224-25 5 Burgesses of Bristol - 1224-25 8 Peter de la Mare - 1282-84 10 Peter de la Mare - 1289-91 22 Nicholas Fermbaud - 1294-96 28 Nicholas Fermbaud- 1300-1303 47 Appendix 1 - Lists of Lords of Castle 69 Appendix 2 - Lists of Constables 77 Appendix 3 - Dating 94 Bibliography 97 Index 111 ABBREVIATIONS Abbrev. Plac. Placitorum in domo Capitulari Westmon asteriensi asservatorum abbrevatio ... Ed. W. Dlingworth. Rec. Comm. London, 1811. Ann. Mon. Annales monastici Ed. H.R. Luard. 5v. (R S xxxvi) London, 1864-69. BBC British Borough Charters, 1216-1307. Ed. A. Ballard and J. Tait. 3v. Cambridge 1913-43. BOAS Bristol and Gloucestershire Archaeological Society Transactions (Author's name and the volume number quoted. Full details in bibliography). BIHR Bulletin of the Institute of Historical Research. BM British Museum - Now British Library. Book of Fees Liber Feodorum: the Book of Fees com monly called Testa de Nevill 3v. HMSO 1920-31. Book of Seals Sir Christopher Hatton's Book of Seals Ed. -
Ship Arrests in Practice 1 FOREWORD
SHIP ARRESTS IN PRACTICE ELEVENTH EDITION 2018 A COMPREHENSIVE GUIDE TO SHIP ARREST & RELEASE PROCEDURES IN 93 JURISDICTIONS WRITTEN BY MEMBERS OF THE SHIPARRESTED.COM NETWORK Ship Arrests in Practice 1 FOREWORD Welcome to the eleventh edition of Ship Arrests in Practice. When first designing this publication, I never imagined it would come this far. It is a pleasure to announce that we now have 93 jurisdictions (six more than in the previous edition) examined under the questionnaire I drafted years ago. For more than a decade now, this publication has been circulated to many industry players. It is a very welcome guide for parties willing to arrest or release a ship worldwide: suppliers, owners, insurers, P&I Clubs, law firms, and banks are some of our day to day readers. Thanks are due to all of the members contributing to this year’s publication and my special thanks goes to the members of the Editorial Committee who, as busy as we all are, have taken the time to review the publication to make it the first-rate source that it is. The law is stated as of 15th of January 2018. Felipe Arizon Editorial Committee of the Shiparrested.com network: Richard Faint, Kelly Yap, Francisco Venetucci, George Chalos, Marc de Man, Abraham Stern, and Dr. Felipe Arizon N.B.: The information contained in this book is for general purposes, providing a brief overview of the requirements to arrest or release ships in the said jurisdictions. It does not contain any legal or professional advice. For a detailed synopsis, please contact the members’ law firm. -
Admiralty, Maritime & Naval
30 ANTIQUARIAN TITLES ON ADMIRALTY, MARITIME & NAVAL LAW May 10, 2016 The Lawbook Exchange, Ltd. (800) 422-6686 or (732) 382-1800 | Fax: (732) 382-1887 [email protected] | www.lawbookexchange.com 30 Antiquarian Titles on Admiralty, Maritime and Naval Law Scarce Eighteenth-Century Treatise on Prize Law and Privateering 1. Abreu y Bertodano, Felix Joseph de [c.1700-1775]. Traite Juridico-Politique sur les Prises Maritimes, et Sur les Moyens qui Doivent Concourir pour Rendre ces Prises Legitimes. Paris: Chez la Veuve Delaguette, 1758. Two volumes in one, each with title page and individual pagination. Octavo (6-1/2" x 4"). Contemporary speckled sheep, raised bands, lettering piece and gilt ornaments to spine, speckled edges, patterned endpapers. Some wear to corners, joints starting, some worming to lettering piece, joints and hinges. Attractive woodcut head-pieces. Toning to sections of text, light foxing to a few leaves, internally clean. An appealing copy of a scarce title. $1,500. * Second French edition. First published in Madrid in 1746, this treatise on prize law and privateering went through three other editions, all in France in a translation by the author, in 1753, 1758 and 1802. Little is known about Abreu, a minor Spanish noble and diplomat. According to the title page, he was a "membre de l'Academie Espagnole, & actuellement Envoye Extraordinaire de S.M. Catholique aupres du Roi de la Grande-Bretagne." All editions are scarce. OCLC locates 5 copies of all editions in the Americas, 1 of this edition (at Columbia University Law Library). Not in the British Museum Catalogue. -
1Judge John Holland and the Vice- Admiralty Court of the Cape of Good Hope, 1797-1803: Some Introductory and Biographical Notes (Part 1)
1JUDGE JOHN HOLLAND AND THE VICE- ADMIRALTY COURT OF THE CAPE OF GOOD HOPE, 1797-1803: SOME INTRODUCTORY AND BIOGRAPHICAL NOTES (PART 1) JP van Niekerk* ABSTRACT A British Vice-Admiralty Court operated at the Cape of Good Hope from 1797 until 1803. It determined both Prize causes and (a few) Instance causes. This Court, headed by a single judge, should be distinguished from the ad hoc Piracy Court, comprised of seven members of which the Admiralty judge was one, which sat twice during this period, and also from the occasional naval courts martial which were called at the Cape. The Vice-Admiralty Court’s judge, John Holland, and its main officials and practitioners were sent out from Britain. Key words: Vice-Admiralty Court; Cape of Good Hope; First British Occupation of the Cape; jurisdiction; Piracy Court; naval courts martial; Judge John Holland; other officials, practitioners and support staff of the Vice-Admiralty Court * Professor, Department of Mercantile Law, School of Law, University of South Africa. Fundamina DOI: 10.17159/2411-7870/2017/v23n2a8 Volume 23 | Number 2 | 2017 Print ISSN 1021-545X/ Online ISSN 2411-7870 pp 176-210 176 JUDGE JOHN HOLLAND AND THE VICE-ADMIRALTY COURT OF THE CAPE OF GOOD HOPE 1 Introduction When the 988 ton, triple-decker HCS Belvedere, under the command of Captain Charles Christie,1 arrived at the Cape on Saturday 3 February 1798 on her fifth voyage to the East, she had on board a man whose arrival was eagerly anticipated locally in both naval and legal circles. He was the first British judicial appointment to the recently acquired settlement and was to serve as judge of the newly created Vice-Admiralty Court of the Cape of Good Hope. -
Inner Temple Library Newsletter Issue 43 – January 2016
Contents Saturday Opening Legal Research Training 1 One of the four Inn Libraries is open from 10.00 a.m. Saturday Opening 1 to 5.00 p.m. on each Saturday during the legal terms. Westlaw Commentary Trial 1 Annual Review 2015 2 January IT Changes 8 30 January Inner Temple Library Committee 8 Digital Images: Inns of Court 8 February AccessToLaw: Banking 9 6 February Lincoln’s Inn New Acquisitions 10 13 February Middle Temple Book Prize 11 20 February Gray’s Inn David Humphreys, 1922-2015 11 27 February Inner Temple March 5 March Lincoln’s Inn 12 March Middle Temple Legal Research Training 19 March Gray’s Inn 26 March CLOSED Dates for our next series of training sessions for new April pupils are as follows:- 2 April Inner Temple Session 1: Essentials of Legal Research To view a Saturday Opening Timetable click here. Monday 4 April 2016, 6.00 p.m. to 7.30 p.m. Location: Inner Temple Drawing Room Session 2: Legal Research Workshop: Cases Westlaw Commentary Trial Tuesday 12 April 2016, 6.00 p.m. to 7.00 p.m. Location: Inner Temple Committee Room We have been given access to Westlaw commentary sources for a three-month trial period starting on Session 3: Legal Research Workshop: Legislation 1 February. The trial includes works such as Archbold, Tuesday 19 April 2016, 6.00 p.m. to 7.00 p.m. Charlesworth & Percy, Chitty, Clerk & Lindsell, Kemp Location: Inner Temple Committee Room & Kemp, McGregor, The White Book and Woodfall. For more details click here. -
Court Reform in England
Comments COURT REFORM IN ENGLAND A reading of the Beeching report' suggests that the English court reform which entered into force on 1 January 1972 was the result of purely domestic considerations. The members of the Commission make no reference to the civil law countries which Great Britain will join in an important economic and political regional arrangement. Yet even a cursory examination of the effects of the reform on the administration of justice in England and Wales suggests that English courts now resemble more closely their counterparts in Western Eu- rope. It should be stated at the outset that the new organization of Eng- lish courts is by no means the result of the 1971 Act alone. The Act crowned the work of various legislative measures which have brought gradual change for a period of well over a century, including the Judicature Acts 1873-75, the Interpretation Act 1889, the Supreme Court of Judicature (Consolidation) Act 1925, the Administration of Justice Act 1933, the County Courts Act 1934, the Criminal Appeal Act 1966 and the Criminal Law Act 1967. The reform culminates a prolonged process of response to social change affecting the legal structure in England. Its effect was to divorce the organization of the courts from tradition and history in order to achieve efficiency and to adapt the courts to new tasks and duties which they must meet in new social and economic conditions. While the earlier acts, including the 1966 Criminal Appeal Act, modernized the structure of the Supreme Court of Judicature, the 1971 Act extended modern court structure to the intermediate level, creating the new Crown Court, and provided for the regular admin- istration of justice in civil matters by the High Court in England and Wales, outside the Royal Courts in London. -
A Comparative History of Insurance Law in Europe. a Research Agenda
Comparative Studies in the History of Insurance Law Studien zur vergleichenden Geschichte des Versicherungsrechts Volume / Band 1 A Comparative History of Insurance Law in Europe A Research Agenda Edited by Phillip Hellwege Duncker & Humblot · Berlin PHILLIP HELLWEGE (ED.) A Comparative History of Insurance Law in Europe Comparative Studies in the History of Insurance Law Studien zur vergleichenden Geschichte des Versicherungsrechts Edited by / Herausgegeben von Prof. Dr. Phillip Hellwege Volume / Band 1 A Comparative History of Insurance Law in Europe A Research Agenda Edited by Phillip Hellwege Duncker & Humblot · Berlin The project ‘A Comparative History of Insurance Law in Europe’ has received funding from the European Research Council (ERC) under the European Union’s Horizon 2020 research and innovation programme (grant agreement No. 647019). Bibliographic information of the German national library The German national library registers this publication in the German national bibliography; specified bibliographic data are retrievable on the Internet about http://dnb.d-nb.de. All rights reserved. No part of this book may be reproduced, translated, or utilized in any form or by any means, electronic or mechanical, without the expressed written consent of the publisher. © 2018 Duncker & Humblot GmbH, Berlin Printing: CPI buchbücher.de GmbH, Birkach Printed in Germany ISSN 2625-638X (Print) / ISSN 2625-6398 (Online) ISBN 978-3-428-15499-9 (Print) ISBN 978-3-428-55499-7 (E-Book) ISBN 978-3-428-85499-8 (Print & E-Book) Printed on no aging resistant (non-acid) paper according to ISO 9706 Internet: http://www.duncker-humblot.de Preface The history of insurance law has fallen into neglect, and the state of research is for a number of reasons unsatisfactory. -
'LAW MERCHANT' and the FAIR COURT of ST. IVES, 1270-1324 By
THE ‘LAW MERCHANT’ AND THE FAIR COURT OF ST. IVES, 1270-1324 by Stephen Edward Sachs This thesis has since been revised for publication. The updated version may be cited as: Stephen E. Sachs, From St. Ives to Cyberspace: The Modern Distortion of the Medieval ‘Law Merchant,’ 21 AM. U. INT’L L. REV. (2006). An electronic copy of the revised version is available at: http://ssrn.com/id=830265 © 2002 Stephen E. Sachs THE ‘LAW MERCHANT’ AND THE FAIR COURT OF ST. IVES, 1270-1324 by Stephen Edward Sachs A thesis submitted to the Department of History in partial fulfillment of the requirements for the Degree of Bachelor of Arts with Honors Harvard University Cambridge Massachusetts 21 March 2002 © 2002 Stephen E. Sachs TABLE OF CONTENTS Acknowledgements ..........................................................................................................i Abbreviations................................................................................................................ iii Chapter I: Introduction ...................................................................................................1 Chapter II: Who Rules the Fair? Authority Over a “Merchant Court” ............................9 Chapter III: One Law Merchant, or Several? ................................................................50 Chapter IV: Merchant Law and Politics........................................................................98 Epilogue: Lex Mercatoria and Lex Cyberspace...........................................................119 Bibliography ...............................................................................................................125 -
General Terms and Conditions of Carriage for International Freight Traffic by Rail (GTC-CIM)
Edition 1 July 2006 General Terms and Conditions of Carriage for International Freight Traffic by Rail (GTC-CIM) Applicable with effect from 1 July 2006 GTC-CIM This document may be shared with the public In accordance with point 2.5 a) of the CIT Statutes, this document is a recommendation and only binds members to the extent that members adopt it (opting-in principle). © 2006 International Rail Transport Committee (CIT) www.cit-rail.org Amendment No Applicable with effect from 2 General Terms and Conditions of Carriage for International Freight Traffic by Rail (GTC-CIM) 1 Definitions 4 Consignment note For the purposes of these General Terms and Conditions of 4.1 Except if otherwise agreed, the completion of the Carriage (GTC-CIM) the term: consignment note shall be the responsibility of the a) «CIM» means the Uniform Rules concerning the consignor. Contract of International Carriage of Goods by Rail, 4.2 The GLV-CIM contains the information required to Appendix B to the Convention concerning International make use of the consignment note. Carriage by Rail (COTIF 1999), b) «carrier» means the contractual carrier or the successive 4.3 In accordance with CIM Article 6 § 9, the consign- carrier, ment note may be created as an electronic record. The par- c) «substitute carrier» means a carrier who has not ties to the contract shall determine details for the use of an concluded the contract of carriage with the consignor but electronic consignment note in a special agreement. Print- to whom the carrier defined under (b) has entrusted the outs complying with the provisions of the GLV-CIM shall be performance of the carriage by rail in total or in part. -
1929 Warsaw Convention
CONVENTION FOR THE UNIFICATION OF CERTAIN RULES RELATING TO INTERNATIONAL CARRIAGE BY AIR, SIGNED AT WARSAW ON 12 OCTOBER 1929 ( WARSAW CONVENTION) CHAPTER I SCOPE - DEFINITIONS Article 1 1. This Convention applies to all international carriage of persons, luggage or goods performed by aircraft for reward. It applies equally to gratuitous carriage by aircraft performed by an air transport undertaking. 2. For the purposes of this Convention the expression "international carriage" means any carriage in which, according to the contract made by the parties, the place of departure and the place of destination, whether or not there be a break in the carriage or a transhipment, are situated either within the territories of two High Contracting Parties, or within the territory of a single High Contracting Party, if there is an agreed stopping place within a territory subject to the sovereignty, suzerainty, mandate or authority of another Power, even though that Power is not a party to this Convention. A carriage without such an agreed stopping place between territories subject to the sovereignty, suzerainty, mandate or authority of the same High Contracting Party is not deemed to be international for the purposes of this Convention. 3. A carriage to be performed by several successive air carriers is deemed, for the purposes of this Convention, to be one undivided carriage, if it has been regarded by the parties as a single operation, whether it had been agreed upon under the form of a single contract or of a series of contracts, and it does not lose its international character merely because one contract or a series of contracts is to be performed entirely within a territory subject to the sovereignty, suzerainty, mandate or authority of the same High Contracting Party. -
JEWISH ~TUDIES Edited.By GEZAVERMES
JOURNAL OF -nor-lf4l"\q_, w.£vt tiJ . wdl~,~~.?HJ~ JEWISH ~TUDIES Edited.by GEZAVERMES Vol. XXV, No. 2 Half-Yearly Summer 1974 . PROPHECY AND PRIESTHOOD IN jOSEPHUS Joseph Blenkinsopp 239 FROM EXEGESIS TO FABLE IN RABBINIC TRADITIONS ABOUT THE PHARISEES Jacob Neusner 263~- ·THE jEWISH MINORITY IN MEDIAEVAL ENGLAND, Io66-129o Paul Hyams 270~ . THE ARCHITECTURE OF NICOLAUS DE LYRA's TEMPLE ILLUSTRATIONS AND THE jEWISH TRADITION Helen Rosenau 294 • EPILEGOMENON TO PsEUDO-PHILO's Liper Antiquitatum Biblicarum (LAB) Louis H. Feldman 30.) SFORNO AND BEROSSUS Albert I. Baumgarten 313 REVIEWS THOMAS 0. LAMBDIN, Introduction to Biblical Hebrew 316 FRANK ZIMMERMANN, The Inner World c?f Q8helet P. Wernberg-M~ller 317 ZE'Ev FALK, Introduction to jewish Law tif the Second Commonwealth, Part I B. S. Jackson 319 · J. G. GAGER, Moses in Greco- Roman Pananism 323 K. H. RENGSTORF (ed.), A Complete Cimcordance to Flavius josephus, Vol. I 326 H. LINDNER, Die Geschichtsardfassunn des Flavius Josephus im Bellum Judaicum 327 A. ScHAUT (ed.), Zur }osephus-Forschunn Tessa Rajak 32 8 M. GRANT, The Jews in the ~oman World Shimon Applebaum 329 GEZA VERMES, Scripture and. Tradition in Judaism: Hanoadic Studies JacobNeusner 332 GEZA VERMES, jesus the jew-A Historian's Readinnrif the Gospels David Daube 33 2 J. A. FITZMYER, S.J., Essays on the Semitic Backnround tif the New Testament G. D. Kilpatrick 336 Continued overlecif JOURNAL OF JEWISH STUDIES 67 Great Russell Street, London WC1B 3BT © 1974 Jewish Chronicle ~blications ~PeE Jaur/J11L ,., ,, THE JEWISH MINORITY IN MEDIAEVAL ENGLAND, 1066-1290 271 The Jewish Minority in Mediaeval England, will obviously imply views about why the Jews were expelled and why they were not readmitted.