Foreign Attachment - Law Dictionary Search Results
Home Dictionary Name: foreign attachment Page 1 of about 13 results (0.004 seconds)Foreign Attachment
Foreign Attachment, a custom which prevails in the city of London, whereby a debt owing to a defendant, sued in the Court of the Mayor or Sheriff, may be attached in the hands of the debtor. The custom was certified by the Recorder of London, in the reign o Edward IV., to be, that if a plaint be affirmed in London before, etc., against any person, and it be returned nihil, if the plaintiff will surmise that another person within the city is a debtor to the defendant in any sum, he shall have garnishment against him to warn him to come in and answer whether he be indebted in the manner alleged; and if he comes and does not deny the debt, it shall be attached in his habds, and after four defaults, recorded on the part of the defendant, such person shall find new surety to the plaintiff for the said debt, and judgment shall be that the plaintiff shall have judgment against him and that he shall be quit against the other after execution sued out by the plaintiff. Consult Brandon on Foreign...
Attachment, Foreign
Attachment, Foreign, a process under which the goods of foreigners found in some liberty are taken to satisfy creditors, Com. Dig., tit. 'Attachment, Foreign.' Also a judicial proceeding, by means of which a creditor may obtain the security of the moneys, goods, or other personal property of his debtor, in the hands of a third person, for the purpose, in the first instance, of enforcing the appearance of the debtor to answer an action; and afterwards, upon his continued default, of obtaining the goods or property in satisfaction of the demand. It is also called garnishment. As to the custom prevailing in the City of London, see FOREIGN ATTACHMENT and consult Brandon on For. Attach...
Attache
Attache, a person associated with a foreign legation. The privilege of an attache extends to prevent a distress being levied on his furniture for non-payment of rates, Macartney v. Garbutt, (1890) 24 QBD 368....
Garnishee
Garnishee, a debtor who has been warned to pay his debt not to his own creditor but to some third party who has obtained a final judgment against the creditor. The order thus arresting the debt in the hands of the debtor is called a 'garnishee order.' See (English) R.S.C., Ord. XLV. See ATTACHMENT LESS OF DEBTS; FOREIGN ATTACHMENT.A person or constitution (Such as bank) that is intended to or is bailee for another whose property has been subjected to garnishment, Black's Law Dictionary, 7th Edn., p. 689....
Active service
Active service. 'on active service,' as applied to a person subject to military law, is defined by the (English) Army Act (44 & 45 Vict. C. 58) as meaning 'whenever he is attached to or forms part of a force which is engaged in operations against the enemy or is engaged in military operations in a country or place wholly or partly occupied by an enemy or is in military occupation of any foreign country.'As applied to a person subject to this Act, means the time during which such person--(a) in attached to, or forms part of, a force which is engaged in operations against an enemy, or (b) is engaged in air force operations in, or is on the line of march to, a country or place wholly or partly occupied by an enemy; or (c) is attached to, or forms part of, a force which is in military occupation of any foreign country. [Air Force Act, 1950 (45 of 1950), s. 4 (i)] See also (5 of 1941), s. 2(a); (46 of 1950), s. 3(a)...
Active politics
Active politics, 'Active politics' means almost whole time in politics, Pyare Lal Sharma v. Managing Director AIR 1989 SC 1854 (1859): (1989) 3 SCR 428: (1989) 2 SCC 448. [J&K Industries Employees Service Rules and Regulation Reg 16, R. 14 (as amended in 1983)]Means service at outposts, or against hostile tribes or other persons in the field. Assam Rifles Act, 1941.As applied to a person subject to this Act, means the time during which such person--(a) is attached to, or forms part of, a force which is engaged in operations against an enemy, or (b) is engaged in air force operations in, or is on the line of march to, a country or place wholly or partly occupied by an enemy, or (c) is attached to, or forms part of, a force which is in military occupation of any foreign country. Air Force Act, 1950 (45 of 1950), s. 4(2)Means service or duty--(a) during the period of operation of a proclamation of emergency issued under clause (1) of article 352 of the constitution; or (b) during any peri...
Payable
Payable, 'payable' generally means that which should be paid, New Delhi Municipal Committee v. Kalu Ram, AIR 1976 SC 1637 (1639): (1976) 3 SCC 407: (1976) Supp SCR 87.The expression 'the full amount payable by the foreign buyer in respect of the goods' occurring in cl. (b) would mean merely the total amount which is due from the foreign buyer in respect of the goods actually exported; and what would be due from a foreign buyer has to be merely the price which he has been agreed to pay and not any fanciful, unreal or inflated price which the exporter may choose to falsely incorporate in the invoice with any ulterior motives. The foreign buyer cannot, by any stretch of imagination, be held to be liable to pay any amount over and above the price which he has promised to pay for the goods received by him and any difference between that price and the price given in the invoice can therefore not have the attribute of having become 'payable' by him, Director, Enforcement Directorate, Ministry...
Ship
Ship, the carriage of goods by Sea Act, 1925 (26 of 1925). [XXVI of 1925, Sch. Art. 1, Cl. (d)]Ship, means any vessel used for the carriage of goods by sea.A type of vessel used or intended to be used in navigation, Black's Law Dictionary, 7th Edn., p. 1382.In the Merchant Shipping Act, 1894 (57 & 58 Vict. c. 60), by s. 742, 'includes every description of vessel used in navigation not propelled by oars.' [This definition has been adopted by the Workmen's Compensation Act, 1925 (15 & 16 Geo. 5, c. 34), s. 48(1)]'Foreign-going ship,' by the same s., 'includes every ship employed in trading, or going between some place or places in the United Kingdom, and some place or places situate beyond the following limits: that is to say, the coasts of the United Kingdom, the Channel Islands and the Isle of Man, and the continent of Europe, between the river Elbe and Brest inclusive'; and'Home-trade ship' includes 'every ship employed in trading or going' within the above limits; and'Home-trade pass...
Bill of Exchange
Bill of Exchange. Defined in the (English) Bills of Exchange Act, 1882 (45 & 46 Vict. c. 61), s. 3, as an 'unconditional order in writing, addressed by one person to another, signed by the person giving it, requiring the person to whom it is addressed to pay on demand or at a fixed or determinable future time a sum certain in money to or to the order of a specified person, or to bearer.'It is a chose in action, but, for the encouragement of commerce, it is assignable, at Common Law, by mere endorsement, so that very many names are frequently attached to one bill as endorsers, and each of them is liable to be sued upon the bill, if it be not paid in due time. the person who makes or draws the bill is called the drawer, he to whom it is addressed is, before acceptance, the drawee, and after accepting it, the acceptor; the person in whose favour it is drawn is the payee; if he endorse the bill to another, he is called the endorser, and the person to whom it is thus assigned or negotiated ...
Lien
Lien [answering to the tacita hypotheca of the Civil Law], a right in one man to retain that which is in his possession belonging to another, until certain demands of the person in possession are satisfied. It is neither a jus in re, nor a jus ad rem--i.e., it is not a right of property in the thing itself, or right of action to the thing itself.It is either particular, as a right to retain a thing for some charge or claim growing out of, or connected with, the identical thing; or general, as a right to retain a thing not only for such charges or claims, but also for a general balance of accounts between the parties in respect to other dealings of the like nature.General and particular liens may arise: (1) by an express contract; (2) by an implied contract, resulting from the usage of trade, or the manner of dealing between parties. General lines are not favoured in law, but some judicially recognized general lines are bankers', solicitors', factors', stockbrokers'. See Halsb. L.E., ti...
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