The Scottish law review and Sheriff Court reports Volume 16

 
9781236192189: The Scottish law review and Sheriff Court reports Volume 16
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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1900 Excerpt: ...of section 22 above quoted were re-enacted by the Sheriff Courts Act, 1838, cap. 119, section 21, and explained to apply, "provided the defender shall, upon any legal ground "of jurisdiction, be amenable to the jurisdiction of the Sheriff "before whom such cause or proceeding may be raised." Ross-shim. It is thus seen that the jurisdiction, of the Sheriff Courts MaDobo "" in maritime causes is exclusive, in the first instance, where Dec. Hti899. the vftlue of the cause does not exceed £25, and concurrent sheriffCiJirBisu. with that of the Court of Session where above that value. In addition to, or as an amplified description of, the navigable "shores and anchoring grounds" mentioned in the Acts of 1830 and 1838 quoted from, "the narrow seas "around the coast within cannon shot of the land" have always been regarded as territorial waters (Ersk. ii. 1, 6, Bell's Prin. 639). This is put beyond doubt by the Territorial Waters Jurisdiction Act, 1878, wherein it is declared that "the territorial waters of Her Majesty's dominions in "reference to the sea means such part of the sea adjacent "to the coast of the United Kingdom" as is "within one "marine league of the coast measured from low-water mark," and the "United Kingdom " is declared to include the Isle of Man, the Channel Islands, and other adjacent islands. By the Sea Fisheries Act, 1883, which regulates international rights of fishing in the extra-territorial waters of the North Sea, "territorial waters" are, in the first schedule, article 2, declared to be within the distance of three miles from low-water mark; and by article 3 "miles" are declared to be "geographical miles.&qu...

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Other Popular Editions of the Same Title

9781175427274: The Scottish Law Review And Sheriff Court Reports, Volume 16

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ISBN 10:  1175427276 ISBN 13:  9781175427274
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