Bonds - Law Dictionary Search Results
Home Dictionary Name: bondsbond
bond 1 a : a usually formal written agreement by which a person undertakes to perform a certain act (as appear in court or fulfill the obligations of a contract) or abstain from performing an act (as committing a crime) with the condition that failure to perform or abstain will obligate the person or often a surety to pay a sum of money or will result in the forfeiture of money put up by the person or surety ;also : the money put up NOTE: The purpose of a bond is to provide an incentive for the fulfillment of an obligation. It also provides reassurance that the obligation will be fulfilled and that compensation is available if it is not fulfilled. In most cases a surety is involved, and the bond makes the surety responsible for the consequences of the obligated person's behavior. Some bonds, such as fidelity bonds, function as insurance agreements, in which the surety promises to pay for financial loss caused by the bad behavior of an obligated person or by some contingency over w...
Bail
Bail [fr. bailler, Fr., to hand over], to set at liberty a person arrested or imprisoned, on security being taken for his appearance on a day and at a place certain, which security is called bail, because the party arrested or imprisoned is delivered into the hands of those who bind themselves or become bail for his due appearance when required, in order that he may be safely protected from prison, to which they have, if they fear his escape, etc., the legal power to deliver him.Means a security such as cash or a bond, especially security required by court for the release of a prisoner who must appear at a further time, Black Law Dictionary, 7th Edn., p. 135.Bail, a temporary release of a prisoner in exchange for security given for the prisoner's appearance at a later hearing, Webster's Dictionary of Law, Indian Edn., (2005), p. 41.Bail may be given either in civil or criminal cases.In civil cases there were, before the abolition of arrest on mesne process by the Debtors Act, 1869:-(1)...
Bond
Bond [fr. binda, band, bunden, A. S., to bind], a written acknowledgement or binding of a debt under seal. See DEED. No technical form of words is necessary to constitute a bond; see Gerrard v. Clowes, (1892) 2 QB 11; Strickland v. Williams, (1899) 1 QB 382. The person giving the bond is called the obligor, and he to whom it is given the obligee. A bond is called single (simplex obligatio) when it is without a penalty, but there is generally a condition added, that, if the obligor does or forbears from some act, the obligation shall be void, or else shall remain in full force, and the bond is then called a double or conditional one; see Dav. Prec. Vol. V., pt. Ii., p. 268. When a 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 face of the bond. See 8 & 9 Wm. 3, c. 11, s. 8; Re Dixon, (1900) 2 Ch 561.Although it is unnecessa...
bail
bail [Anglo-French, act of handing over, delivery of a prisoner into someone's custody in exchange for security, from bailler to hand over, entrust, from Old French, from Latin bajulare to carry (a burden)] 1 : the temporary release of a prisoner in exchange for security given for the prisoner's appearance at a later hearing [while free on ] 2 : the security given for a prisoner's release ;also : the amount or terms of the security [excessive shall not be required "U.S. Constitution amend. VIII"] [posted cash ] [motion to reduce ] 3 : one who provides bail and is liable for the released prisoner's appearance [ may arrest or authorize arrest of principal "Code of Alabama"] jump bail : to flee the jurisdiction while released on bail make bail : to be released on bail vt 1 : to release on bail 2 : to obtain the release of by giving bail often used with out 3 : to place (personal property) under a bailment [identity of the article claimed to have been ed "Peet v. Roth Hotel...
Bail-bond
Bail-bond, an instrument prepared in the sheriff's office after an arrest, executed by two sufficient sureties and the person arrested, and conditioned for his causing special bail to be put in for him in the court out of which the arresting process issued, and in Admiralty Proceedings, see R.S.C. Orders, XII and XXIX.Means a bond given by a criminal defendant or by his or her surety to ensure compliance with the terms of bail and especially with the requirement that the defendant appears in court as scheduled, Webster's Dictionary of Law, Indian Edn., (2005), p. 55....
Surety bond
Surety bond, a surety bond is a contract and it is a question as to how far its terms can be considered to have been varied by any unilateral act. Each bond has to be construed on its own terms. But in construing the terms of a surety bond for the production of an accused person, the purpose and object of executing it must be kept in view. Such a bond is executed for the purpose of ensuring the presence of the accused concerned in Court in which he is standing his trial for a criminal offence at the hearing of the case. But for the execution of such a bond, the accused would have to remain in custody so that the trial may proceed smoothly, State of Maharashtra v. Dadamiya Babumiya Sheikh, AIR 1971 SC 1722 (1724): (1972) 3 SCC 85.In the case of fidelity guarantees the security is discharged if a material alteration takes place in the risk, e.g., change of duties, Pybus v. Gibb, (1856) 6 E&B 902, or upon non-disclosure by the person to whom the guarantee is given of a matter affecting th...
Bail to the action
Bail to the action, is the surety for a civil defendant arrested by a mesne process e.g. a process issued during the lawsuit. If the defendant lost the lawsuit, the bail to the action was bound either to pay the judgment or to surrender the defendant into custody. Also termed bail above; special bail c.f. bail to the Sheriff, Black Law Dictionary, 7th Edn., p. 135....
Post-obit Bond
Post-obit Bond. A bond, conditioned to be void on the payment by the obligor of a sum of money upon the death of another person. in most cases the person upon whose death it is so payable is one from whom the obligor expects to derive some property. Post-obit bonds, and other securities of a like nature, are set aside, when made by heirs and expectants, as frauds upon the parents and other ancestors, unless the person dealing with such heir can prove satisfactorily that the stipulated payment is not more than a just indemnity for the hazard. Even the sale of a post-obit bond at public auction will not necessarily give it validity, or free it from the imputation of being obtained under the pressure of necessity. See BOND; EXPECTANT HEIR....
bail bond
bail bond see bond ...
Bonded debt
Bonded debt, means an advance obtained, or presumed to have been obtained, by a bonded labourer under, or in pursuance of the bonded labour system. [Bonded Labour System (Abolition) Act, 1976 (19 of 1976, s. 2 (d)]...
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