| slovo | definícia |
articles
(encz) | articles,články n: pl. Zdeněk Brož |
articles
(encz) | articles,novinové články Zdeněk Brož |
articles
(encz) | articles,stanovy n: pl. Zdeněk Brož |
articles
(gcide) | Chapiter \Chap"i*ter\, n. [OF. chapitel, F. chapiteau, from L.
capitellum, dim. of caput head. Cf. Capital, Chapter.]
1. (Arch.) A capital [Obs.] See Chapital. --Ex. xxxvi. 38.
[1913 Webster]
2. (Old Eng. Law) A summary in writing of such matters as are
to be inquired of or presented before justices in eyre, or
justices of assize, or of the peace, in their sessions; --
also called articles. --Jacob.
[1913 Webster] |
ARTICLES
(bouvier) | ARTICLES. A division in some books. In agreements and other writings, for
the sake of perspicuity, the subjects are divided into parts, paragraphs, or
articles.
|
ARTICLES
(bouvier) | ARTICLES, chan. practice. An instrument in writing, filed by a party to a
proceeding in chancery, containing reasons why a witness in the cause should
be discredited.
2. As to the matter which ought to be contained in these articles, Lord
Eldon gave some general directions in the case of Carlos v. Brook, 10 Ves.
49. "The court," says he, "attending with great caution to an application to
permit any witness to be examined after publication, has held where the
proposition was to examine a witness to credit, that the examination is
either to be confined to general credit; that is, by producing witnesses to
swear, that the person is not to be believed upon his oath; or, if you find
him swearing to a matter, not to issue in the cause, (and therefore not
thought material to the merits,) in that case, as the witness is not
produced to vary the case in evidence by, testimony that relates to matters
in issue, but is to speak only to the truth or want of veracity, with which
a witness had spoken to a fact not, in issue, there is no danger in
permitting him to state that such fact, not put in issue, is false and, for
the purpose of discrediting a witness, the court has not considered itself
at liberty to sanction such a proceeding as an examination to destroy the
credit of another witness, who had deposed only to points put in issue. In
Purcell v. M'Namara, it was agreed that after publication it was competent
to examine any witness to the point, whether he would believe that man upon
his oath. It is not competent, even at law, to ask the ground of that
opinion; but the general question only is permitted. In Purcell v. M'Namara,
the witness went into the history of his whole life and as to his solvency,
& c. It was not at all put at issue whether he had been insolvent, or had
compounded with his creditors; but, having sworn the contrary, they proved
by witnesses, that he, who had sworn to a, matter not in issue, had sworn
falsely to that fact; and that he had been insolvent, and had compounded
with his creditors; and it would be lamentable, if the court could not find
means of getting at it; for he could not be indicted for perjury, though
swearing falsely, the fact not being material. The rule is, in general cases
the cause is heard upon evidence given before publication; but that you may
examine after publication, provided you examine to credit only, and do not
go to matters in issue in the cause, or in contradiction of them, under
pretence of examining to credit only. Those depositions," he continued,
"appear to me material to what is in issue in the cause; and therefore must
be suppressed," See a form of articles in Gresl. Eq. Ev. 140, 141; and also
8 Ves. 327; 9 Ves. 145; 1 S. & S. 469.
|
ARTICLES
(bouvier) | ARTICLES, eccl. law. A complaint in the form of a libel, exhibited to an
ecclesiastical court.
|
| | podobné slovo | definícia |
articles
(encz) | articles,články n: pl. Zdeněk Brožarticles,novinové články Zdeněk Brožarticles,stanovy n: pl. Zdeněk Brož |
articles of association
(encz) | articles of association,stanovy společnosti [fin.] David Směja |
destabilization of particles
(encz) | destabilization of particles,destabilizace částic
(vodárenství) [eko.] RNDr. Pavel Piskač |
dispersed particles
(encz) | dispersed particles, n: |
particles
(encz) | particles,částice n: pl. macska |
shipping articles
(encz) | shipping articles, n: |
articles
(gcide) | Chapiter \Chap"i*ter\, n. [OF. chapitel, F. chapiteau, from L.
capitellum, dim. of caput head. Cf. Capital, Chapter.]
1. (Arch.) A capital [Obs.] See Chapital. --Ex. xxxvi. 38.
[1913 Webster]
2. (Old Eng. Law) A summary in writing of such matters as are
to be inquired of or presented before justices in eyre, or
justices of assize, or of the peace, in their sessions; --
also called articles. --Jacob.
[1913 Webster] |
Articles of confederation
(gcide) | Confederation \Con*fed`er*a"tion\, n. [L. confoederatio: cf. F.
conf['e]d['e]ration.]
1. The act of confederating; a league; a compact for mutual
support; alliance, particularly of princes, nations, or
states.
[1913 Webster]
The three princes enter into some strict league and
confederation among themselves. --Bacon.
[1913 Webster]
This was no less than a political confederation of
the colonies of New England. --Palfrey.
[1913 Webster]
2. The parties that are confederated, considered as a unit; a
confederacy.
[1913 Webster]
Articles of confederation. See under Article.
[1913 Webster]Article \Ar"ti*cle\, n. [F., fr. L. articulus, dim. of artus
joint, akin to Gr. ?, fr. a root ar to join, fit. See Art,
n.]
1. A distinct portion of an instrument, discourse, literary
work, or any other writing, consisting of two or more
particulars, or treating of various topics; as, an article
in the Constitution. Hence: A clause in a contract, system
of regulations, treaty, or the like; a term, condition, or
stipulation in a contract; a concise statement; as,
articles of agreement.
[1913 Webster]
2. A literary composition, forming an independent portion of
a magazine, newspaper, or cyclopedia.
[1913 Webster]
3. Subject; matter; concern; distinct. [Obs.]
[1913 Webster]
A very great revolution that happened in this
article of good breeding. --Addison.
[1913 Webster]
This last article will hardly be believed. --De Foe.
[1913 Webster]
4. A distinct part. "Upon each article of human duty."
--Paley. "Each article of time." --Habington.
[1913 Webster]
The articles which compose the blood. --E. Darwin.
[1913 Webster]
5. A particular one of various things; as, an article of
merchandise; salt is a necessary article.
[1913 Webster]
They would fight not for articles of faith, but for
articles of food. --Landor.
[1913 Webster]
6. Precise point of time; moment. [Obs. or Archaic]
[1913 Webster]
This fatal news coming to Hick's Hall upon the
article of my Lord Russell's trial, was said to have
had no little influence on the jury and all the
bench to his prejudice. --Evelyn.
[1913 Webster]
7. (Gram.) One of the three words, a, an, the, used before
nouns to limit or define their application. A (or an) is
called the indefinite article, the the definite article.
[1913 Webster]
8. (Zool.) One of the segments of an articulated appendage.
[1913 Webster]
Articles of Confederation, the compact which was first made
by the original thirteen States of the United States. They
were adopted March 1, 1781, and remained the supreme law
until March, 1789.
Articles of impeachment, an instrument which, in cases of
impeachment, performs the same office which an indictment
does in a common criminal case.
Articles of war, rules and regulations, fixed by law, for
the better government of the army.
In the article of death [L. in articulo mortis], at the
moment of death; in the dying struggle.
Lords of the articles (Scot. Hist.), a standing committee
of the Scottish Parliament to whom was intrusted the
drafting and preparation of the acts, or bills for laws.
The Thirty-nine Articles, statements (thirty-nine in
number) of the tenets held by the Church of England.
[1913 Webster] |
Articles of Confederation
(gcide) | Confederation \Con*fed`er*a"tion\, n. [L. confoederatio: cf. F.
conf['e]d['e]ration.]
1. The act of confederating; a league; a compact for mutual
support; alliance, particularly of princes, nations, or
states.
[1913 Webster]
The three princes enter into some strict league and
confederation among themselves. --Bacon.
[1913 Webster]
This was no less than a political confederation of
the colonies of New England. --Palfrey.
[1913 Webster]
2. The parties that are confederated, considered as a unit; a
confederacy.
[1913 Webster]
Articles of confederation. See under Article.
[1913 Webster]Article \Ar"ti*cle\, n. [F., fr. L. articulus, dim. of artus
joint, akin to Gr. ?, fr. a root ar to join, fit. See Art,
n.]
1. A distinct portion of an instrument, discourse, literary
work, or any other writing, consisting of two or more
particulars, or treating of various topics; as, an article
in the Constitution. Hence: A clause in a contract, system
of regulations, treaty, or the like; a term, condition, or
stipulation in a contract; a concise statement; as,
articles of agreement.
[1913 Webster]
2. A literary composition, forming an independent portion of
a magazine, newspaper, or cyclopedia.
[1913 Webster]
3. Subject; matter; concern; distinct. [Obs.]
[1913 Webster]
A very great revolution that happened in this
article of good breeding. --Addison.
[1913 Webster]
This last article will hardly be believed. --De Foe.
[1913 Webster]
4. A distinct part. "Upon each article of human duty."
--Paley. "Each article of time." --Habington.
[1913 Webster]
The articles which compose the blood. --E. Darwin.
[1913 Webster]
5. A particular one of various things; as, an article of
merchandise; salt is a necessary article.
[1913 Webster]
They would fight not for articles of faith, but for
articles of food. --Landor.
[1913 Webster]
6. Precise point of time; moment. [Obs. or Archaic]
[1913 Webster]
This fatal news coming to Hick's Hall upon the
article of my Lord Russell's trial, was said to have
had no little influence on the jury and all the
bench to his prejudice. --Evelyn.
[1913 Webster]
7. (Gram.) One of the three words, a, an, the, used before
nouns to limit or define their application. A (or an) is
called the indefinite article, the the definite article.
[1913 Webster]
8. (Zool.) One of the segments of an articulated appendage.
[1913 Webster]
Articles of Confederation, the compact which was first made
by the original thirteen States of the United States. They
were adopted March 1, 1781, and remained the supreme law
until March, 1789.
Articles of impeachment, an instrument which, in cases of
impeachment, performs the same office which an indictment
does in a common criminal case.
Articles of war, rules and regulations, fixed by law, for
the better government of the army.
In the article of death [L. in articulo mortis], at the
moment of death; in the dying struggle.
Lords of the articles (Scot. Hist.), a standing committee
of the Scottish Parliament to whom was intrusted the
drafting and preparation of the acts, or bills for laws.
The Thirty-nine Articles, statements (thirty-nine in
number) of the tenets held by the Church of England.
[1913 Webster] |
Articles of impeachment
(gcide) | Impeachment \Im*peach"ment\, n. [Cf. F. emp[^e]chement.]
The act of impeaching, or the state of being impeached; as:
(a) Hindrance; impediment; obstruction. [Obs.]
[1913 Webster]
Willing to march on to Calais,
Without impeachment. --Shak.
(b) A calling to account; arraignment; especially, of a
public officer for maladministration.
[1913 Webster]
The consequence of Coriolanus' impeachment had like
to have been fatal to their state. --Swift.
(c) A calling in question as to purity of motives, rectitude
of conduct, credibility, etc.; accusation; reproach; as,
an impeachment of motives. --Shak.
[1913 Webster]
Note: In England, it is the privilege or right of the House
of Commons to impeach, and the right of the House of
Lords to try and determine impeachments. In the United
States, it is the right of the House of Representatives
to impeach, and of the Senate to try and determine
impeachments.
[1913 Webster]
Articles of impeachment. See under Article.
Impeachment of waste (Law), restraint from, or
accountability for, injury; also, a suit for damages for
injury. --Abbott.
[1913 Webster]Article \Ar"ti*cle\, n. [F., fr. L. articulus, dim. of artus
joint, akin to Gr. ?, fr. a root ar to join, fit. See Art,
n.]
1. A distinct portion of an instrument, discourse, literary
work, or any other writing, consisting of two or more
particulars, or treating of various topics; as, an article
in the Constitution. Hence: A clause in a contract, system
of regulations, treaty, or the like; a term, condition, or
stipulation in a contract; a concise statement; as,
articles of agreement.
[1913 Webster]
2. A literary composition, forming an independent portion of
a magazine, newspaper, or cyclopedia.
[1913 Webster]
3. Subject; matter; concern; distinct. [Obs.]
[1913 Webster]
A very great revolution that happened in this
article of good breeding. --Addison.
[1913 Webster]
This last article will hardly be believed. --De Foe.
[1913 Webster]
4. A distinct part. "Upon each article of human duty."
--Paley. "Each article of time." --Habington.
[1913 Webster]
The articles which compose the blood. --E. Darwin.
[1913 Webster]
5. A particular one of various things; as, an article of
merchandise; salt is a necessary article.
[1913 Webster]
They would fight not for articles of faith, but for
articles of food. --Landor.
[1913 Webster]
6. Precise point of time; moment. [Obs. or Archaic]
[1913 Webster]
This fatal news coming to Hick's Hall upon the
article of my Lord Russell's trial, was said to have
had no little influence on the jury and all the
bench to his prejudice. --Evelyn.
[1913 Webster]
7. (Gram.) One of the three words, a, an, the, used before
nouns to limit or define their application. A (or an) is
called the indefinite article, the the definite article.
[1913 Webster]
8. (Zool.) One of the segments of an articulated appendage.
[1913 Webster]
Articles of Confederation, the compact which was first made
by the original thirteen States of the United States. They
were adopted March 1, 1781, and remained the supreme law
until March, 1789.
Articles of impeachment, an instrument which, in cases of
impeachment, performs the same office which an indictment
does in a common criminal case.
Articles of war, rules and regulations, fixed by law, for
the better government of the army.
In the article of death [L. in articulo mortis], at the
moment of death; in the dying struggle.
Lords of the articles (Scot. Hist.), a standing committee
of the Scottish Parliament to whom was intrusted the
drafting and preparation of the acts, or bills for laws.
The Thirty-nine Articles, statements (thirty-nine in
number) of the tenets held by the Church of England.
[1913 Webster] |
Articles of war
(gcide) | Article \Ar"ti*cle\, n. [F., fr. L. articulus, dim. of artus
joint, akin to Gr. ?, fr. a root ar to join, fit. See Art,
n.]
1. A distinct portion of an instrument, discourse, literary
work, or any other writing, consisting of two or more
particulars, or treating of various topics; as, an article
in the Constitution. Hence: A clause in a contract, system
of regulations, treaty, or the like; a term, condition, or
stipulation in a contract; a concise statement; as,
articles of agreement.
[1913 Webster]
2. A literary composition, forming an independent portion of
a magazine, newspaper, or cyclopedia.
[1913 Webster]
3. Subject; matter; concern; distinct. [Obs.]
[1913 Webster]
A very great revolution that happened in this
article of good breeding. --Addison.
[1913 Webster]
This last article will hardly be believed. --De Foe.
[1913 Webster]
4. A distinct part. "Upon each article of human duty."
--Paley. "Each article of time." --Habington.
[1913 Webster]
The articles which compose the blood. --E. Darwin.
[1913 Webster]
5. A particular one of various things; as, an article of
merchandise; salt is a necessary article.
[1913 Webster]
They would fight not for articles of faith, but for
articles of food. --Landor.
[1913 Webster]
6. Precise point of time; moment. [Obs. or Archaic]
[1913 Webster]
This fatal news coming to Hick's Hall upon the
article of my Lord Russell's trial, was said to have
had no little influence on the jury and all the
bench to his prejudice. --Evelyn.
[1913 Webster]
7. (Gram.) One of the three words, a, an, the, used before
nouns to limit or define their application. A (or an) is
called the indefinite article, the the definite article.
[1913 Webster]
8. (Zool.) One of the segments of an articulated appendage.
[1913 Webster]
Articles of Confederation, the compact which was first made
by the original thirteen States of the United States. They
were adopted March 1, 1781, and remained the supreme law
until March, 1789.
Articles of impeachment, an instrument which, in cases of
impeachment, performs the same office which an indictment
does in a common criminal case.
Articles of war, rules and regulations, fixed by law, for
the better government of the army.
In the article of death [L. in articulo mortis], at the
moment of death; in the dying struggle.
Lords of the articles (Scot. Hist.), a standing committee
of the Scottish Parliament to whom was intrusted the
drafting and preparation of the acts, or bills for laws.
The Thirty-nine Articles, statements (thirty-nine in
number) of the tenets held by the Church of England.
[1913 Webster] |
Integrant particles
(gcide) | Integrant \In"te*grant\, a. [L. integrans, -antis, p. pr. of
integrare to make whole, renew: cf. F. int['e]grant. See
Integrate.]
Making part of a whole; necessary to constitute an entire
thing; integral. --Boyle.
[1913 Webster]
All these are integrant parts of the republic. --Burke.
[1913 Webster]
Integrant parts, or Integrant particles, of bodies, those
smaller particles into which a body may be reduced without
loss of its original constitution, as by mechanical
division.
[1913 Webster] |
Lords of the articles
(gcide) | Article \Ar"ti*cle\, n. [F., fr. L. articulus, dim. of artus
joint, akin to Gr. ?, fr. a root ar to join, fit. See Art,
n.]
1. A distinct portion of an instrument, discourse, literary
work, or any other writing, consisting of two or more
particulars, or treating of various topics; as, an article
in the Constitution. Hence: A clause in a contract, system
of regulations, treaty, or the like; a term, condition, or
stipulation in a contract; a concise statement; as,
articles of agreement.
[1913 Webster]
2. A literary composition, forming an independent portion of
a magazine, newspaper, or cyclopedia.
[1913 Webster]
3. Subject; matter; concern; distinct. [Obs.]
[1913 Webster]
A very great revolution that happened in this
article of good breeding. --Addison.
[1913 Webster]
This last article will hardly be believed. --De Foe.
[1913 Webster]
4. A distinct part. "Upon each article of human duty."
--Paley. "Each article of time." --Habington.
[1913 Webster]
The articles which compose the blood. --E. Darwin.
[1913 Webster]
5. A particular one of various things; as, an article of
merchandise; salt is a necessary article.
[1913 Webster]
They would fight not for articles of faith, but for
articles of food. --Landor.
[1913 Webster]
6. Precise point of time; moment. [Obs. or Archaic]
[1913 Webster]
This fatal news coming to Hick's Hall upon the
article of my Lord Russell's trial, was said to have
had no little influence on the jury and all the
bench to his prejudice. --Evelyn.
[1913 Webster]
7. (Gram.) One of the three words, a, an, the, used before
nouns to limit or define their application. A (or an) is
called the indefinite article, the the definite article.
[1913 Webster]
8. (Zool.) One of the segments of an articulated appendage.
[1913 Webster]
Articles of Confederation, the compact which was first made
by the original thirteen States of the United States. They
were adopted March 1, 1781, and remained the supreme law
until March, 1789.
Articles of impeachment, an instrument which, in cases of
impeachment, performs the same office which an indictment
does in a common criminal case.
Articles of war, rules and regulations, fixed by law, for
the better government of the army.
In the article of death [L. in articulo mortis], at the
moment of death; in the dying struggle.
Lords of the articles (Scot. Hist.), a standing committee
of the Scottish Parliament to whom was intrusted the
drafting and preparation of the acts, or bills for laws.
The Thirty-nine Articles, statements (thirty-nine in
number) of the tenets held by the Church of England.
[1913 Webster] |
Proprietary articles
(gcide) | Proprietary \Pro*pri"e*ta*ry\, a. [L. proprietarius.]
Belonging, or pertaining, to a proprietor; considered as
property; owned; as, proprietary medicine.
[1913 Webster]
Proprietary articles, manufactured articles which some
person or persons have exclusive right to make and sell.
--U. S. Statutes.
[1913 Webster] |
Shipping articles
(gcide) | Shipping \Ship"ping\, n.
1. The act of one who, or of that which, ships; as, the
shipping of flour to Liverpool.
[1913 Webster]
2. The collective body of ships in one place, or belonging to
one port, country, etc.; vessels, generally; tonnage.
[1913 Webster]
3. Navigation. "God send 'em good shipping." --Shak.
[1913 Webster]
Shipping articles, articles of agreement between the
captain of a vessel and the seamen on board, in respect to
the amount of wages, length of time for which they are
shipping, etc. --Bouvier.
To take shipping, to embark; to take ship. [Obs.] --John
vi. 24. --Shak.
[1913 Webster] |
The Thirty-nine Articles
(gcide) | Article \Ar"ti*cle\, n. [F., fr. L. articulus, dim. of artus
joint, akin to Gr. ?, fr. a root ar to join, fit. See Art,
n.]
1. A distinct portion of an instrument, discourse, literary
work, or any other writing, consisting of two or more
particulars, or treating of various topics; as, an article
in the Constitution. Hence: A clause in a contract, system
of regulations, treaty, or the like; a term, condition, or
stipulation in a contract; a concise statement; as,
articles of agreement.
[1913 Webster]
2. A literary composition, forming an independent portion of
a magazine, newspaper, or cyclopedia.
[1913 Webster]
3. Subject; matter; concern; distinct. [Obs.]
[1913 Webster]
A very great revolution that happened in this
article of good breeding. --Addison.
[1913 Webster]
This last article will hardly be believed. --De Foe.
[1913 Webster]
4. A distinct part. "Upon each article of human duty."
--Paley. "Each article of time." --Habington.
[1913 Webster]
The articles which compose the blood. --E. Darwin.
[1913 Webster]
5. A particular one of various things; as, an article of
merchandise; salt is a necessary article.
[1913 Webster]
They would fight not for articles of faith, but for
articles of food. --Landor.
[1913 Webster]
6. Precise point of time; moment. [Obs. or Archaic]
[1913 Webster]
This fatal news coming to Hick's Hall upon the
article of my Lord Russell's trial, was said to have
had no little influence on the jury and all the
bench to his prejudice. --Evelyn.
[1913 Webster]
7. (Gram.) One of the three words, a, an, the, used before
nouns to limit or define their application. A (or an) is
called the indefinite article, the the definite article.
[1913 Webster]
8. (Zool.) One of the segments of an articulated appendage.
[1913 Webster]
Articles of Confederation, the compact which was first made
by the original thirteen States of the United States. They
were adopted March 1, 1781, and remained the supreme law
until March, 1789.
Articles of impeachment, an instrument which, in cases of
impeachment, performs the same office which an indictment
does in a common criminal case.
Articles of war, rules and regulations, fixed by law, for
the better government of the army.
In the article of death [L. in articulo mortis], at the
moment of death; in the dying struggle.
Lords of the articles (Scot. Hist.), a standing committee
of the Scottish Parliament to whom was intrusted the
drafting and preparation of the acts, or bills for laws.
The Thirty-nine Articles, statements (thirty-nine in
number) of the tenets held by the Church of England.
[1913 Webster] |
articles of agreement
(wn) | articles of agreement
n 1: a contract between crew and captain of a ship [syn:
articles of agreement, shipping articles] |
articles of confederation
(wn) | Articles of Confederation
n 1: a written agreement ratified in 1781 by the thirteen
original states; it provided a legal symbol of their union
by giving the central government no coercive power over the
states or their citizens |
articles of incorporation
(wn) | articles of incorporation
n 1: a legal document that creates a corporation; it is filed
with a state by the founders of a corporation and is
governed by the laws of the state |
dispersed particles
(wn) | dispersed particles
n 1: (of colloids) a substance in the colloidal state [syn:
dispersed phase, dispersed particles] |
shipping articles
(wn) | shipping articles
n 1: a contract between crew and captain of a ship [syn:
articles of agreement, shipping articles] |
toilet articles
(wn) | toilet articles
n 1: artifacts used in making your toilet (washing and taking
care of your body) [syn: toiletry, toilet articles] |
alpha particles
(jargon) | alpha particles
n.
See bit rot.
|
ARTICLES OF AGREEMENT
(bouvier) | ARTICLES OF AGREEMENT, contracts. Relate either to real or personal estate,
or to both. An article is a memorandum or minute of an agreement, reduced to
writing to make some future disposition or modification of property; and
such an instrument will create a trust or equitable estate, of which a
specific performance will be decreed in chancery. Cruise on Real Pr. tit. 32
c. 1, s. 31. And see Id. tit. 12, c. 1.
2. This instrument should contain: 1, the name and character of the
parties; 2, the subject-matter of the contracts; 3, the covenants which each
of the parties bind themselves to perform; 4, the date; 5, the signatures of
the parties.
3.-1. The parties should be named, and their addition should also be
mentioned, in order to identify them. It should also be stated which persons
are of the first, second, or other part. A confusion, in this respect, may
occasion difficulties.
4.-2. The subject-matter of the contract ought to be set out in clear
and explicit language, and the time and place of the performance of the
agreement ought to be mentioned and, when goods are to be delivered, it
ought to be provided at whose expense they shall be removed, for there is a
difference in the delivery of light and bulky articles. The seller of bulky
articles is not in general bound to deliver them unless he agrees to do so.
5 S. & R. 19 12 Mass. 300; 4 Shepl. 49.
5.-3. The covenants to be performed by each party should be specially
and correctly stated, as a mistake in this respect leads to difficulties
which might have been obviated had they been properly drawn.
6.-4. The instrument should be truly dated.
7.-5. It should be signed by the parties or their agents. When signed
by an agent he should state his authority, and sign his principal's name,
and then his own, as, A B, by his agent or attorney C D.
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ARTICLES OF CONFEDERATIO
(bouvier) | ARTICLES OF CONFEDERATION. The compact which was made by the original
thirteen states of the United States of America, bore the name of the
"Articles of Confederation and perpetual union between, the states of New
Hampshire, Massachusetts Bay, Rhode Island and Providence Plantations,
Connecticut, New York, New Jersey, Pennsylvania, Delaware, Maryland,
Virginia, North Carolina, South Carolina, and Georgia." It was adopted and
went into force on the first day of March, 1781, and remained as the supreme
law until the first Wednesday of March, 1789. 5 Wheat. R. 420. The following
analysis of this celebrated instrument is copied from Judge Story's
Commentaries on the Constitution of the United States, Book 2, c. 3.
2. "In pursuance of the design already announced, it is now proposed to
give an analysis of the articles of confederation, or, as they are
denominated in the instrument itself, the Articles of Confederation and
Perpetual Union between the States, as they were finally adopted by the
thirteen states in 1781.
3. "The style of the Confederacy was, by the first article, declared to
be, `The United States of America.' The second article declared, that each
state retained its sovereignty, freedom, and independence, and every power,
jurisdiction and right, which was not by this confederation expressly
delegated to the United States, in congress assembled. The third article
declared, that the states severally entered into a firm league of friendship
with each other, for their common defence, the security of their liberties,
and their mutual and general welfare binding themselves to assist each other
against all force offered to, or attacks made upon them, or any of them, on
account of religion, sovereignty, trade, or any other pretence whatever. The
fourth article declared, that the free inhabitants of each of the states,
(vagabonds and fugitives from justice excepted,) should be entitled to all
the privileges of free citizens in the several states; that the people of
each state should have free ingress and regress to any from any other state,
and should enjoy all the privileges of trade and commerce, subject to the
same duties and restrictions, as the inhabitants; that fugitives from
justice should, upon the demand of the executive of the state, from which
they fled, be delivered up; and that full faith and credit should be given,
in each of the states, to the records, acts, and judicial proceedings of the
courts and magistrates of every other state.
4. "Having thus provided for the security and intercourse of the
states, the next article (5th) provided for the organization of a general
congress, declaring that delegates should be chosen in such manner, as the
legislature of each state should direct; to meet in congress on the first
Monday in every year, with a power, reserved to each state, to recall any or
all of the delegates, and to send others in their, stead. No state was to be
represented in congress by less than two, nor than seven members. No
delegate was eligible for more than three, in any term of six years; and no
delegate was capable of holding any office of emolument under the United
States. Each state was to maintain its own delegates; and, in determining
questions in congress, was to have one vote. Freedom of speech and debate in
congress was not to be impeached or questioned in any other place; and the
members were to be protected from arrest and imprisonment, during the time
of their going to and from, and attendance on congress, except for treason,
felony, or breach of the peace.
5. "By subsequent articles, congress was invested with the sole and
exclusive right and power of determining on peace and war, unless in case of
an invasion of a state by enemies, or an imminent danger of an invasion by
Indians; of sending and receiving ambassadors; entering into treaties and
alliances, under certain limitations, as to treaties of commerce; of
establishing rules for deciding all cases of capture on land and water, and
for the division and appropriation of prizes taken by the land or naval
forces, in the service of the United States of granting letters of marque
and reprisal in times of peace; of appointing courts for the trial of
piracies and felonies committed on the high seas; and of establishing courts
for receiving and finally determining appeals in all cases of captures.
6. "Congress was also invested with power to decide in the last resort,
on appeal, all disputes and differences between two or more states
concerning boundary, jurisdiction, or any other cause whatsoever; and the
mode of exercising that authority was specially prescribed. And all
controversies concerning the private right of soil, claimed under different
grants of two or more states before the settlement of their jurisdiction,
were to be finally determined in the same manner, upon the petition of
either of the grantees. But no state was to be deprived of territory for the
benefit of the United States.
7. "Congress was also invested with the sole and exclusive right and
power of regulating the alloy and value of coin struck by their own
authority, or that of the United States; of fixing the standard of weights
and measures throughout the United States; of regulating the trade and
managing all affairs with the Indians, not members of any of the states,
provided, that the legislative right of any state within its own limits
should not be infringed or violated of establishing and regulating post
offices from one state to another, and exacting postage to defray the
expenses; of appointing all officers of the land forces in the service of
the United States, except regimental officers; of appointing all officers of
the naval forces, and commissioning all officers whatsoever in the service
of the United States; and of making rules for the government and regulation
of the land and naval forces, and directing their operations.
8. "Congress was also invested with authority to appoint a committee of
the states to sit in the recess of congress, and to consist of one delegate
from each state, and other committees and civil officers, to manage the
general affairs under their direction; to appoint one of their number to
preside, but no person was to serve in the office of president more than one
year in the term of three years; to ascertain the necessary sums for the,
public service, and to appropriate the same for defraying the public
expenses; to. borrow money and emit bills of credit of the United States to
build and equip a navy; to agree upon the number of land forces, and make
requisitions upon each state for its quota, in proportion to the number of
white inhabitants in such state. The legislatures of each state were to
appoint the regimental officers, raise the men, and clothe, arm, and equip
them at the expense of the United States.
9. "Congress was also invested with power to adjourn for any time not
exceeding six months, and to any place within the United States and
provision was made for the publication of its journal, and for entering the
yeas and nays thereon, when desired by any delegate.
10. "Such were the powers confided in congress. But even these were
greatly restricted in their exercise; for it was expressly. provided, that
congress should never engage in a war; nor grant letters of marque or
reprisal in, time of peace; nor enter into any treaties or alliances; nor
coin money or regulate the value thereof; nor ascertain the sums or expenses
necessary for the, defence and welfare of the United States, nor emit bills
nor borrow money on the credit of the United States nor appropriate money;
nor agree upon the number of vessels of war to be built, or purchased; or
the number of land or sea forces to be raised; nor appoint a commander-in-
chief of the army or navy; unless nine states should assent to the same. And
no question on any other point, except for adjourning from day to day, was to
be determined, except by vote of the majority of the states.
11. "The committee of the states or any tine of them, were authorized in
the recess of congress to exercise such powers, as congress, with the assent
of nine states, should think it expedient to vest them with, except such
powers for the exercise of which, by the articles of confederation, the
assent of nine states was required, which could not be thus delegated.
12. "It was further. provided, that all bills of credit, moneys
borrowed, and debts contracted by or under the authority of congress before
the confederation, should be a charge against the United States; that when
land forces were raised by any state for the common defence, all officers of
or under the rank of colonel should be appointed by the legislature of the
state, or in such manner as the state should direct; and all vacancies
should be filled up in the same manner that all charges of war, and all
other expenses for the common defence or general welfare, should be defrayed
out of a common treasury, which should be supplied by the several states, in
proportion to the value of the land within each state granted or surveyed,
and the buildings and improvements thereon, to be estimated according to the
mode prescribed by congress; and the taxes for that proportion were to be
laid and levied by the legislatures of the states within the time agreed
upon by congress.
13. "Certain prohibitions were laid upon the exercise of powers by the
respective states. No state, without the consent of the United States, could
send an embassy to, or receive an embassy from, or enter into, any treaty
with any king, prince or state; nor could any person holding any office
under the United States, or any of them, accept any present, emolument,
office or title, from any foreign king, prince or state; nor could congress
itself grant any title of nobility. No two states could enter into any
treaty, confederation, or alliance with each other, without the consent of
congress. No state could lay any imposts or duties, which might interfere
with any proposed treaties. No vessels of war were to be kept up by any
state in time of peace, except deemed necessary by congress for its defence,
or trade; nor any body of forces, except such as should be deemed requisite
by congress to garrison its forts, and necessary for its defence. But every
state was required always to keep up a well regulated and disciplined
militia, sufficiently armed and accoutred, and to be provided with suitable
field-pieces, and tents, and arms, and ammunition, and camp equipage. No
state could engage in war without the consent of congress, unless actually
invaded by enemies, or in danger of invasion by the Indians. Nor could any
state grant commissions to any ships of war, nor letters of marque and
reprisal, except after a declaration of war by congress, unless such state
were infested by pirates, and then subject to the determination of congress.
No state could prevent the removal of any property imported into any state
to any other state, of which the owner was an inhabitant. And no imposition,
duties, or restriction, could be laid by any state on the Property of the
United States or of either of them.
14. "There was also provision made for the admission of Canada, into the
Union, and of other colonies with the assent of nine states. And it was
finally declared, that every state should abide by the determinations of
congress on all questions submitted to it by the confederation; that the
articles should be inviolably observed by every state; that the union
should be perpetual; and that no alterations should. be made in any of the
articles, unless agreed to by congress, and 'Confirmed by the legislatures
of every state.
15. "Such is the substance of this celebrated instrument, under which
the treaty of peace, acknowledging our independence, was negotiated, the war
of the revolution concluded, and the union of the states maintained until
the adoption of. the present constitution."
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ARTICLES OF IMPEACHMENT
(bouvier) | ARTICLES OF IMPEACHMENT. An instrument which, in cases of impeachment, (q.v.)
is used, and performs the same office which an indictment does, in a
common criminal case, is known by this name. These articles do not usually
pursue the strict form and accuracy of an indictment., Wood. Lect. 40, p.
605; Foster, 389, 390; Com. Dig. Parliament, L 21. They are sometimes quite
general in the form of the allegations, but always contain, or ought to
contain, so much certainty, as to enable the party to put himself on the
proper defence, and in case of an acquittal, to avail himself of it, as a
bar to another impeachment. Additional articles may, perhaps, be exhibited
at any stage of the prosecution. Story on the Sec. 806; Rawle on the Const.
216.
2. The answer to articles of impeachment is exempted from observing
great strictness of form; and it may contain arguments as well as facts. It
is usual to give a full and particular answer to each article of the
accusation. Story, Sec. 808.
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ARTICLES OF PARTNERSHI
(bouvier) | ARTICLES OF PARTNERSHIP. The name given to an instrument of writing by which
the parties enter into a partnership, upon the conditions therein mentioned.
This instrument generally contains certain provisions which it is the object
here to point out.
2. But before proceeding more particularly to the consideration of the
Subject, it will be proper to observe that sometimes preliminary agreements
to enter into a partnership are formed, and that questions, not
unfrequently, arise as to their effects. These are not partnerships, but
agreements to enter into partnership at a future time. When such an
agreement has been broken, the parties may apply for redress to a court of
law, where damages will be given, as a compensation. Application is
sometimes made to courts of equity for their more efficient aid to compel a
specific performance. In general these courts will not entertain bills for
specific performance of such preliminary contracts; but in order to suppress
frauds, or manifestly mischievous consequences, they will compel such
performance. 3 Atk. 383; Colly. Partn. B. 2, c. 2, Sec. 2 Wats. Partn. 60;
Gow, Partn. 109; Story, Eq. Jur. Sec. 666, note; Story, Partn. Sec. 189; 1
Swanst. R. 513, note. When, however, the partnership may be immediately
dissolved, it seems the contract cannot be specifically enforced. 9 Ves.
360.
3. It is proper to premise that under each particular head, it is
intended briefly to examine the decisions which have been made in relation
to it.
4. The principal parts of articles of partnership are here enumerated.
1. The names of the contracting parties. These should all be severally set
out.
5.-2. The agreement that the parties actually by the instrument enter
into partnership, and care must be taken to distinguish this agreement from
a covenant to enter into partnership at a future time.
6.-3. The commencement of the partnership. This ought always to be
expressly provided for. When no other time is fixed by it, the commencement
will take place from the date of the instrument. Colly. Partn. 140 5 Barn. &
Cres. 108.
7.-4. The duration of the partnership. This may be. for life, or for
a, specific period of time; partnerships may be conditional or indefinite in
their duration, or for a single adventure or dealing; this period of
duration is either express or implied, but it will not be presumed to be
beyond life. 1 Swanst. R. 521. When a term is fixed, it is presumed to
endure until that period has elapsed; and, when no term is fixed, for the
life of the parties, unless sooner dissolved by the acts of one of them, by
mutual consent, or operation of law. Story, Part. Sec. 84.
8. A stipulation may lawfully be introduced for the continuance of the
partnership after the death of one of the parties, either by his executors
or administrators, or for the admission of one or more of his children into
the concern. Colly. Partn. 147; 9 Ves. 500. Sometimes this clause provides,
that the interest of the partner shall go to such persons, as be shall by
his last will name and appoint, and for want of appointment to such persons
as are there named. In these cases it seems that the executors or
administrators have an option to continue the partnership or not. Colly.
Partn. 149; 1 McCl. & Yo. 569; Colles, Parl. Rep. 157.
9. when the duration of the partnership has been fixed by the articles,
and the partnership expires by mere effluxion of time, and, after such
determination it is carried on by the partners without any new agreement, in
the absence of all circumstances which may lead as to the true intent of the
partners, the partnership will not, in general, be deemed one for a definite
period; 17 Ves. 298; but in other respects, the old articles of the expired
partnership are to be deemed adopted, by implication as the basis of the new
partnership during its continuance. 5 Mason, R. 176, 185; 15 Ves. 218; 1
Molloy, R. 466.
10.-5. The business to be carried on and the place where it is to be
conducted. This clause ought to be very particularly written, as courts of
equity will grant an injunction when one or more of the partners attempt,
against the wishes of one or more of them, to extend such business beyond
the provision contained in the articles. Story, Partn. Sec. 193; Gow, Partn
398.
11 - 6. The name of the firm, as for example, John Doe and Company,
ought to be ascertained. The members of the partnership are required to use
the name thus agreed upon, and a departure from it will make them
individually liable to third persons or to their partners, in particular
cases. Colly. Partn. 141; 2 Jac. & Walk. 266; 9 Adol. & Ellis, 314; 11 Adol.
& Ellis, 339; Story, Partn. Sec. 102, 136, 142, 202.
12.-7. A provision is not unfrequently inserted that the business shall
be managed and administered by a particular partner, or that one of its
departments shall be under his special care. In this case, courts of equity
will protect such partner in his rights. Story, Partn. Sec. 172, 182, 193,
202, 204 Colly. Partn. 753. In Louisiana, this provision is incorporated in
it's civil code, art. 2838 to art. 2840. The French and civil law also agree
as to this provision. Poth. de Societe, n. 71; Dig. 14, 1, 1, 13; Poth.
Pand. 14, 1, 4.
13. Sometimes a provision is introduced that a majority of the partners
shall have the management of the affairs of the partnership. This is
requisite, particularly when the associates are numerous, As to the rights
of the majority, see Partners.
14.-8. A provision should be inserted as to the manner of furnishing
the capital or stock of the partnership. When a partner is required to
furnish his proportion of the stock at stated periods, or pay by
installments, he will, where there are no stipulations to the contrary, be
considered a debtor to the firm. Colly. Partn. 141; Story, Partn. Sec. 203;
1 Swanst. R. 89, Sometimes a provision is inserted that real estate, and
fixtures belonging to the firm shall be considered, as between the partners,
not as partnership but as several property. In cases of bankruptcy this
property will be treated as the separate property of the partners. Colly.
Partn. 141, 595, 600; 5 Ves. 189; 3 Madd. R. 63.
15.-9. A provision for the apportionment of the profits a and losses
among the partners should be introduced. In the absence of all proof, and
controlling circumstances, the partners are to share in both equally,
although one may have furnished all the capital, and the other only his
skill, Wats. Partn. 59; Colly. Partn. 105; Story, Partn. Sec. 24; 3 Kent,
Com. 28; 4th ed.; 6 Wend. R. 263; but see 7 Bligh, R. 432; 5 Wils. & Shaw,
16.
16.-10. Sometimes a stipulation for an annual account of the Property
of the partnership whether in possession or in action, and of the debts due
by partnership is inserted. These accounts when settled are at least prima
facie evidence of the facts they contain. Colly. Partn. 146 Story Partn.
Sec. 206; 7 Sim. R. 239.
17.-11. A provision is frequently introduced forbidding any one
partner to carry on any other business. This should be provided for, though
there is an implied provision in every partnership that no partner shall
carry. on any separate business inconsistent or contrary to the true
interest of the partnership. Story, Partn. Sec. 178, 179, 209.
18.- 12. When the partners are numerous, a provision is often made for
the expulsion of a partner for gross misconduct, for insolvency, bankruptcy,
or other causes particularly enumerated. This provision will govern when the
case occurs.
19.-13. This instrument should always contain a provision for winding
up the business. This is generally provided for in one of three modes:
first, by turning all the assets into cash, and, after paying all the
liabilities of the partnership, dividing such money in proportion to the
several interests of the parties; secondly, by providing that one or more of
the partners shall be entitled to purchase the shares of the others at a
valuation; thirdly, that all the property of partnership shall be appraised,
and that after paying the partnership debts, it shall be divided in the
proper proportions. The first of these modes is adopted by courts of equity
in the absence of express stipulations. Colly. Partn. 145 Story, Partn. Sec.
207 8 Sim. R. 529.
20.-14. It is not unusual to insert in these articles, a provision
that in case of disputes the matter shall be submitted to arbitration. This
clause seems nugatory, for no action will lie for a breach of it, as that
would deprive the courts of their jurisdiction, which the parties cannot do.
Story, Partn. Sec. 215; Gow, Partn. 72; Colly. Partn, 165 Wats. Partn. 383.
21.-15. The articles should be dated, and executed by the parties. It
is not requisite that the instrument, should be under seal. Vide Parties to
contracts; Partners Partnership.
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ARTICLES OF THE PEACE
(bouvier) | ARTICLES OF THE PEACE, Eng. practice. An instrument which is presented to a
court of competent jurisdiction, in which the exhibitant shows the
grievances under which be labors, and prays the protection of the court. It
is made on oath. See a form in 12 Adol. & Ellis, 599; 40 E. C. L. R. 125,
126; 1 Chit. Pr. 678.
2. The truth of the articles cannot be contradicted, either by
affidavit or otherwise; but the defendant may either except to their
sufficiency, or tender affidavits in reduction of the amounts of bail. 13
East. 171.
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ARTICLES OF WA
(bouvier) | ARTICLES OF WAR. The name commonly given to a code made for the government
of the army. The act of April 10, 1806, 2 Story's Laws U. S. 992, contains
the rules and articles by which the armies of the United States shall be
governed. The act of April 23, 1800, 1 Story's L. U. S. 761, contains the
rules and regulations for the government of the navy of the United States.
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SHIPPING ARTICLES
(bouvier) | SHIPPING ARTICLES, contr. mar. law. The act of congress of July 20, 1790, s.
1, directs that a master of any vessel bound from a port in the United
States to any foreign port, or of any vessel of fifty tons or upwards, bound
from a port in one state to a port in any other than at adjoining state,
shall, before he proceed on such voyage, make an agreement in writing or in
print, with every seaman or mariner on board such vessel, (except such as
shall be apprenticed or servant to himself or owners) declaring the voyage
or voyages, term or terms of time, for which such seaman or mariner shall be
shipped.
2. And by sect. 2, it is required that at the foot of every such
contract, there shall be a memorandum in writing, of the day and the hour on
which such seaman or mariner who shall so ship and subscribe, shall render
himself on board to begin the voyage agreed upon.
3. This instrument is called the shipping articles. For want of which,
the seaman is entitled to the highest wages which have been given at the
port or place where such seaman or mariner shall have been shipped for a
similar voyage within three months next before the time of such shipping, on
his performing the service, or during the time he shall continue to do duty
on board such vessel, without being bound by the regulations, nor subject to
the penalties and forfeitures contained in the said act of congress; and the
master is further liable to a penalty of twenty dollars.
4. The shipping articles ought not to contain any clause which
derogates from the general rights and privileges of seamen, and if they do,
such clause will be declared void. 2 Sumner, 443; 2 Mason, 541.
5. A seaman who signs shipping articles, is bound to perform the
voyage, and he has no right to elect to pay damages for non-performance of
the contract. 2 Virg. Cas. 276.
Vide, generally, Gilp. 147, 219, 452; 1 Pet. Ad. Dec. 212; Bee, 48; 1
Mason, 443; 5 Mason, 272; 14 John. 260.
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