Marshaling

marshaling also marshalling n : an equitable doctrine requiring that if one creditor can obtain satisfaction of a claim from only one fund and a second creditor can obtain satisfaction from more than one fund the second creditor must claim against the fund that the other creditor cannot reach ...

Marshalling

Marshalling, the act of arranging or of putting into proper order.The doctrine of marshalling assets and securities depends upon the principle that a person, having two funds out of which to satisfy his demands, shall not, by his election, prejudice a person who has only one such fund. If, therefore, one who has a claim upon two funds resorts to the only fund upon which another has a claim, the latter stands in his place for so much against the fund to which otherwise he could not have access: the object being that every claimant shall be satisfied as far as, by any arrangement consistent with the nature of the several claims, the property which they seek to affect can be applied in satisfaction of such claims.In the administration of the estate of deceased persons, marshalling consists of arranging the assets so as to give effect to the priority of debts, as to legal assets on the one hand, and to the order of assets on the other. now that all the assets are liable to be applied for t...

Marshal or Mareschal

Marshal or Mareschal, primarily denotes an officer who has the care or command of horses.An officer called a marshal attends each judge on the assizes (being paid by the Treasury two guineas a day during the continuance of the circuit). tHe Office is now practically a sinecure, but formerly the marshal made abstracts of indictments, and received records for trials, etc. The judge appoints his marshal and pays his travelling and other expenses during the time he resides with him. See (English) Jud. Act, 1873, s. 77; see now (English) Jud. Act, 1925, s. 226(4)....

United States marshal

United States marshal : marshal ...

Earl Marshal of England

Earl Marshal of England, a great officer of state who had anciently several courts under his jurisdiction, as the Court of Chivalry and the Court of Honour. Under him is the Heralds Office, or College of Arms. This office of Earl Marshal is of great antiquity, and has been since 1672 hereditary in the family of the Howards, the present holder being the Duke of Norfolk, 3 Steph. Com....

Marshal

Marshal, in the House of Commons, there is a Sarjeet at arms to attend upon the speaker, appointed by the Queen; some of his duties are to attend the speaker, with the make, on entering and leaving the house or going to the House of Lords, or attending her majesty with addresses, remove persons directed to withdraw from the House, bring to the Bar of the House persons in custody to be reprimanded by the Speaker, execute warrants for commitment of persons ordered into custody by the House etc., Parliamentary Practice, Erskine May, 22nd Edn., 1997, p. 198.Marshal, is military Commander, Webster American Dictionary, p. 900....

Super statuto facto pour seneschal et marshal de roy, etc.,

Super statuto facto pour seneschal et marshal de roy, etc., a writ which lay against a steward or marshal for holding plea in his Court, or for trespass or contracts not made or arising within the king's household....

Vice-Marshal

Vice-Marshal, an officer who was appointed to assist the Earl marshal....

Marshal of the Queen's bench

Marshal of the Queen's bench, an officer who had the custody of the Queen's Bench Prison. The 5 & 6 Vict. c. 22 abolished this office, and substituted an officer called Keeper of the Queen's Prison....

Provost-Marshal

Provost-Marshal, an officer of the royal forces who has the charge of military prisoners, 13 Car. 2, c. 9, and Manual of Military Law.Means a person appointed as such under s. 107 and includes any of his deputies or assistants or any other person legally exercising authority under him or on his behalf. [Army Act, 1950 (54 of 1950), s. 3 (xx)]Means a person appointed as such under s. 108 and includes any of his deputies or assistants or any other person legally exercising authority under him or on his behalf. [Air Force Act, 1950 (45 of 1950), s. 4 (xxv)]...

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