英文法律词典 M-20

MARITIME² CAUSE. Maritime causes are those arising from maritime contracts, whether made at sea or on land, that is, such as relate to the commerce, business or navigation of the sea; as, charter parties, affreightments, marine³ loans, hypothecations, contracts for maritime service in building, repairing, supplying and navigating⁴ ships, contracts and quasi contracts respecting averages, contributions and jettisons⁵; contracts relating to marine insurance, and those between owners of ships. 3 Bouv. Inst. n. 2621.

2. There are maritime causes also for torts and injuries committed at sea.

3. In general, the courts of admiralty have a concurrent⁶ jurisdiction⁷ with courts of law, of all maritime causes: and in some cases they have exclusive jurisdiction.

MARITIME CONTRACT. One which relates to the navigation of the sea.

2. The admiralty has jurisdiction in case of the breach⁸ of such contract, whether it has been entered into on land or at sea. 4 Wash. C. C. R. 453; see 2 Gallis. 465; 2 Sumn. 1; Gilp. 529.

MARITIME LAW. That system of law which relates to the affairs of the sea, such as seamen⁹, ships, shipping¹⁰, navigation, and the like.

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 peril¹¹ of the sea, or vis major, the lender shall not be repaid, unless what remains¹² 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 mariners¹³, the borrower shall be bound to return the sum borrowed, together with a certain sum agreed upon as the price of the hazard incurred¹⁴. Emer. Mar¹. Loans, c. 1, s. 2; Poth. h. t. Vide Bottomry; Gross Adventure; Interest, maritime; Respondentia.

MARITIME PROFIT, mar. law. The French writers use the term maritime profit to signify any profit derived¹⁵ from a maritime lean. Vide Interest maritime.

MARK. This term has several acceptations. 1. It is a sign traced on paper or parchment, which stands in the place of a signature, usually made by persons who cannot write. 2 Cart. R. 324; M. & M. 516; 12 Pet. 150; 7 Bing. 457; 2 Ves. 455; 1 V. & B. 362; 1 Ves., jr. 11. A mark is now held to be a good signature, though the party was able to write. 8 Ad. & El. 94; 3 Nev. & Per. 228; 3 Curt¹⁶. 752; 5 John. 144. Vide Subscription¹⁷.

2. - 2. It is the sign, writing or ticket put upon manufactured goods to distinguish them from others. Poph. R. 144; 3 B & C. 541; 2 Atk. R. 485; 2 V. & B. 218; 3 M. & C. 1; Ed. Inj. 814. Vide Trade Marks.

3. - 3. Mark or marc, denotes a weight used in several parts of Europe, and for several commodities, especially gold and silver. When gold and silver are sold by the mark, it is divided into twenty-four carats.

4. - 4. Mark is also in England a money of accounts, and in some other countries a coin. The English marc is two-thirds of a pound sterling¹⁸, or 13s. 4d., and the Scotch¹⁹ mark is of equal value in Scotch money of account. Encyc. Amer. h. t.