Maritime

Pertaining to the sea. Ordinarily, the term is synonjmious with "marine."

Pertaining to navigation or commercial intercourse upon the seas, great lakes, and rivers. “The word nmritime is also to have its appropriate meaning relating to the sea. The words admiralty and maritime, as they are used in the constitution and acts of congress, are by no means synonymous, although able lawyers, on the bench, as well as at the bar, seem sometimes to have so considered them. They were evidently both inserted to preclude a narrower construction which might be given to either word, had it been used alone. The English admiralty had jurisdiction of all cases arising beyond sea, although not maritime in their character. These are excluded by the use of both terms.” Bened. Adm. § 40.

Pertaining to the sea or ocean or the navigation thereof; or to commerce 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.

— Maritime cause. A cause of action originating on the high seas, or growing out of a maritime contract. 1 Kent, Comm. 367, et seq.

— Maritime contract. A contract whose subject-matter has relation to the navigation of the seas or to trade or commerce to be conducted by navigation or to be done upon the sea or in ports. Over such contracte the admiralty has concurrent jurisdiction with the common-law courts. Edwards v. Elliott, 2l Wall. 553, 22 In Ed. 487; Doolittle v. Knobe-loch (D. C.) 39 Fed. 40; Holt v. Cummings, 102 Pa. 215, 48 Am. Rep. 199; De Lovio v. Boit, 7 Fed. Cas. 435; Freights of The Kate (D. C.) 63 Fed. 720.

— Maritime court. A court exercising jurisdiction in maritime causes; one which possesses the powers and jurisdiction of a court of admiralty.

— Maritime interest. An expression equivalent to marine interest, (q. v.)

— Maritime jurisdiction. Jurisdiction in maritime causes; such jurisdiction as belongs to a court of admiralty on the instance side.

— Maritime law. That system of law which particularly relates to commerce and navigation, to business transacted at sea or relating to navigation, to ships and shipping, to seamen, to the transportation of persons and property by sea, and to marine affairs generally. The law relating to harbors, ships, and seamen. An important branch of the commercial law of maritime nations; divided into a variety of departments, such as those about harbors, property of ships, duties and rights of masters and seamen, contracts of affreightment, average, salvage, etc. Wharton; The Lottawanna, 21 Wall. 572. 22 In Ed. 654; The Unadilla (D. C.) 73 Fed. 351; Jervey v. The Carolina (D. C.) 66 Fed. 1013.

— Maritime lien. A lien arising out of damage done by a ship in the course of navigation, as by collision, which attaches to the vessel and freight, and is to be enforced by an action in rem in the admiralty couris. The Unadilla (D. C.) 73 Fed. 351; Paxson v. Cunningham, 63 Fed. 134, 11 C. C. A. Ill; The Underwriter (D. C.) 119 Fed. 715; Stephenson v. The Francis (D. C.) 21 Fed. 719. Maritime liens do not include or require possession. 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 express, as if by analogy, the nafure of claims which neither presuppose nor originate in possession. 22 Eng. Law & Eq. 62,

— Maritime 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 vis major, the lender shall not be repaid unless what remains 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 its own defects or the fault of the master or mariners, the borrower shall be bound to return the sum borrowed, together with a certain sum agreed upon as the price of the hazard incurred. Emerig. Mar. Loans, c. 1, s. 2. And see The Draco, 7 Fed Cas. 1,042.

— Maritime profit. A term used by French writers to signify any profit derived from a maritime loan.

— Maritime service. In admiralty law. A service rendered upon the high seas or a navigable river, and which has some relation to commerce or navigation,
—some connection with a vessel employed in trade, with her equipment, her preservation, or the preservation of her cargo or 'crew. Thackarey v. The Farmer, 23 Fed. Cas. 877; The Atlantic (D. C.) 53 Fed. 609; Cope v. Vallette Dry-Dock Co. (C. C.) 16 Fed. 925.

— Maritime state, in English law. of the officers and mariners of the British navy, who are governed by express and permanent laws, or the articles of the navy, established by act of parliament.

— Maritime tort. A tort committed upon the high seas, or upon a navigable river or other navigable water, and hence (ailing within the jurisdiction of a court of admiralty. The term is never applied to a tort committed upon land, though relating to maritime matters. See The Plymouth, 3 Wall33,18 L. Ed. 125; Holmes v. Oregon & C. Ry. Co. (D. C.) 5 Fed. 77; In re Long Island, etc., Transp. Co. (D. C.) 5 Fed. 606; U. S. v. Burlington, etc., Ferry Co.. (I). C.) 21 Fed. 336.

Pertaining to navigation or to commercial intercourse upon the seas, and, in this country, upon the great lakes and navigable rivers. Maritime cause: a cause of action originating on such waters, or out of such intercourse. Maritime contract: a contract relating to such navigation or such commerce. Maritime court: a coux't exercising the powers of a court of admiralty. Maritime interest: interest at an extraordinaiy rate paid for a loan upon bottomry or respondentia. Maritime law: the law of the sea; the body of usages which governs the affairs of persons engaged in such navigation and intercourse. Maritime lien: a lien on a vessel for money advanced, supplies furnished, labor done, etc Maritime loan: a loan upon security of ship or cargo, to be paid, with maritime interest, if the vessel arrives safely. Maritime service: a service to be performed in connection with navigation or commercial intercourse upon navigable w'aters. Maritime tort: a wrong committed on navigable waters within the jurisdictionof a court of admiralty.

Pertaining to the sea or ocean or the navigation thereof; or to commerce 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 a8 quite distinct.

* Pertaining to navigation or commercial intercourse upon the seas, great lakes and rivers. Maritime. Primarily, bordering on the sea: as, a maritime town, coast, nation; secondarily, belonging to those who border on the sea: as, maritime laws, rights, pursuits. Marine. Primarily, of or pertaining to the sea: as, marine productions; secondarily, transacted at sea: as, marine service; or, again, doing duty on the sea: as, marine forces. 5 Maritime cause. An action the subjectmatter of which arises out of the business or ' The Ocean Spray, 4 Saw. 106, 111 (1876), Deady, J. ' 1 Conk. Adm. 107; 80 N. Y. 71; 7 How. 89; 3 Sumn. 115; 1 Bl. Com. 419. 3 L. marit'tts, a married man. commercial relations of persons upon the public navigable waters — seas, rivers, lakes. See Admiralty. Maritime contract. A contract which relates to commerce, or navigation upon the high seas, or navigable lakes or rivers. See Admiralty. Maritime court. A court exercising the powers of a court of admiralty, q. v. Maritime interest. Marine interest, q. v. See also Maritime Loan. Maritime jurisdiction. Such as is exercised in the cognizance of maritime causes; the jurisdiction exercised in admiralty, q. v. Maritime law. The law of the sea. The body of principles and usages whi9h, by the consent of civilized communities or nations, has been adopted to regulate the affairs of men engaged in navigation and marine commerce. No single nation can change the law of the sea. That law is of universal obligation. Like all the laws of nations, it rests upon the common consent of civilized communities. It is of force, not because it was prescribed by any superior power, but because it has been generally accepted as a rule of conduct. Many •of the usages which prevail, and which have the force of law, doubtless originated in the positive prescriptions of some single state, which were at first of limited effect, bufc which, when generally accepted, became of universal obligation — as in the cases of the Rhodian law, the Amalphitan table, the ordinances of the Hanseatic League, parts of the ordinances of Louis XIV, the British orders in council of 1863, and our act of congress of 1864. These have become the law of the sea by reason of their acceptance as such. Of these, courts take judicial notice without proof. ^ See Olebon; Rhodian. While the general maritime law is the basis of the maritime law of the United States, as well as of other ■countries, it is only so far operative as it has been adopted by our laws and usages. It has no inherent force of its own. The general system, familiar to lawyers and statesmen, was meant when it was declared that "The judicial Power shall extend.. to all •Cases of admiralty and maritime Jurisdiction." " Thus adopted, it became the maritime law of the United States operating uniformly. The question as to the limits of maritime law and admiralty jurisdiction is judicial, and no law can make it broader or narrower than the judicial power may ■determine those limits to be. But what the law is "Within those limits depends on what has been receive'd as law in the maritime usages of this country, and on ■such legislation as may have been competent to affect it.3 1 The Scotia, 14 Wall. 187-88 (1871), Strong, 'J. ' Constitution, Art. Ill, sec. 8. The French writers on maritime subjects are distinguished for their learning and acumen. The principal text law on which they rely, prior to the Ck)de of Commerce adopted in the present century, is the Ordonnance de la Marine of 1681.' Maritime lien. A lien upon a vessel, for money advanced, labor done, supplies furnished, seamen's wages due, damages from collision, etc., authorized by the maritime law. See further Lien, Maritime. Maritime loan. A contract by which the lender, in consideration of the sum, which he will lose, if the thing upon which he has made the loan should perish by inevitable casualty, is authorized to stipulate for an interest or extraordinary profit, in case the thing arrives at the proper port. 2 Maritime property. See Abandon, 1; Dereliction, 3. Maritime service. A service which is performed upon a public navigable water and has some relation to commerce or navigation — some connection with a vessel employed in trade, with her equipment, her preservation, or the preservation of her cargo or crew.s Maritime tort. A wrong committed upon a navigable water over which a court of admiralty exercises jurisdiction; in no case, a tort committed or consummated upon land.* See generally Admiralty.