Actually Delivered - Law Dictionary Search Results
Duces tecum, subp'na
is no excuse that the legal custody of the instrument belongs to another, if it be in the actual possession of the witness; but if it tend to criminate himself or his client (if the witness be … Court will not compel him to produce it. If the witness, instead of bringing the papers, etc., required, deliver them to the opposite party, by whom they are withheld, the Court will allow secondary evidence of the
Hypothecation
or privileges than strict hypo-thecations. There are also cases where mortgages of chattels are held valid, without any actual possession by the mortgage, but they stand upon very peculiar grounds, and may be deemed exceptions to the … upon any movable property, existing or future, created by a borrower in favour of a secured creditor without delivery of possession of the movable property to such creditor, as a security for financial assistance and includes floating
Service
the contrary is proved, to have been effected at the time at which the letter would have been delivered in the ordinary course of post.' It means service of any description which is made available to potential … tendering a copy of the writ to the defendant, and producing the original if required by him; and actual knowledge will not be equivalent to or dispense with a necessity for personal service [Re Tuck, (1906) 1
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Fine
levied. A fine was said to be engrossed when the chirographer made the indentures of the fine and delivered them to the party to whom the conusance was made. The chirograph, or inden-tures, was evidence of the … an offender, also called a ransom. See PENALTY. An amicable final agreement or compromise of a fictitious or actual suit to determine the true possessor of land, Black's Law Dictionary, 7th Edn., p. 646. A sum of
Bond
bond contains a penalty, which is generally double the amount of the principal sum secured, only the sum actually owing, with interest, can be recovered, and in no case can this exceed the amount appearing on the … company. Bonds contain provisions as to interest until repayment of the principal. 'Bonds to Bearer' pass by simple delivery and interest on the amount secured is collected by means of coupons attached to the bond, which are
Recovery
to the demandant, a writ of habere facias seisinam must have been issued after judgment, and seisin duly delivered to him, whereupon the uses arose. This writ was returned by the sheriff, and the proceedings exemplified by … of something lost or taken away, Black's Law Dictionary, 7th Edn., p. 1280. A true recovery is an actual or real recovery of anything, or the value thereof, by judgment; as if a man sue for any
Induction
gives corporal possession of the church, saying:-- By virtue of this mandate I induct you into the real, actual, and corporal possession of the church of [Stow], with all rights, profits, and appurtenances thereto belonging.' Induction is … and lays it on the ring, key, or latch of the church-door, or wall of the church, or delivers a clod, turf, or twig of the glebe, and gives corporal possession of the church, saying:-- By virtue
contract
: a contract that does not require consideration in order to be binding but that must be sealed, delivered, and show a clear intention of the parties to create a contract under seal NOTE: Contracts under seal … use long prior to the development of the requirement of consideration. They originally usually were impressed with an actual seal, but today the word seal, the abbreviation L.S., or words such as “signed and sealed” or “witness
Bill of health
a touched patent or bill, imports that there were rumours of an infectious disorder, but it had not actually appeared. A foul bill, or the absence of a clean bill, imports that the place was infected when … Bill of health, 'a certificate or instrument, signed by consuls or other proper authorities, delivered to the masters of ships at the time of their clearing out from ports or places suspected of
Ejectment
this declara-tion was a notice signed by Richard Roe, addressed to the tenant in possession (who was the actual defendant), informing him of the action brought by the lessee, and that Richard Roe had no title to … fictions then recognized by the Courts of Common Law. The action was commen-ced by the party claiming title delivering to the party in possession a declaration in which the plaintiff (John Doe) and the defendant (Richard Roe)
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