Pledge - Law Dictionary Search Results
Home Dictionary Name: pledge Page: 3Vadium
Vadium [fr. vas, vadis, Lat.], a pledge or security, Civ. Law.1. Security by a pledge of property2. Wage; salary, Black's Law Dictionary, 7th Edn., p. 1547....
Pignus
Pignus, a pledge or security for a debt or demand, is derived, says Gaius (Dig. 50, tit. 16, s. 238), from pugnus, 'quia qu' pignori dantur, man traduntur.' This is one of several instances of the failure of the Roman jurists when they attempted an etymological explanation of words. The element of pignus (pig) is contained in the word pa(n)go and its cognate forms. A pledge was called pignus when the possession of a thing was transferred to the pledgee, and hypotheca, when the pledgor retained it in his possession. See Sant. Just.; 2 Steph. Com....
Oath
Oath [fr. ath, Sax.], an appeal to God to witness the truth of a statement. It is called a corporal oath, where a witness, when he swears, places his right hand on the Holy Evangelists.The Christian religion, though it prohibits swearing, excepts oaths required by legal authority (Art. Ch. of Engl. xxxix.). All who believe in a God, the avenger of falsehood, have always been admitted to give evidence, but the old rule was, that all witnesses must take an oath of some kind. Very gradually, however, the legislature has relaxed this rule, and the privilege of affirming (see AFFIRMATION) instead of taking an oath has now been universally granted by the (English) Oaths Act, 1888, by which--Every person upon objection to being sworn, and stating, as the ground of such objection, either that he has no religious belief, or that the taking of an oath is contrary to his religious belief, shall be permitted to make his solemn affirmation instead of taking an oath in all places and for all purpose...
Security
Security, is anything that makes the money more assured in its payment or more readily recoverable as distinguished from e.g. a mere IOU which is only evidence of a debt. The word is not confined to a document which gives a charge on specific pro-perty but includes personal securities for money, Chetumal v. Noorbhoy, AIR 1928 Sind 89: 107 IC 213.Security, it may range from a mere personal bond or promissory note or guarantee, or even a mere pledge of something of no intrinsic value, to a mortgage of property from out of which the money can be realised, AIR 1963 Ker 128 (134). (T.P. Act, 1882, s. 134)Means 'a mortgage, charge, pledge, bond, deben-ture, indemnity, guarantee, bill, not or other right provided by the debtor....or at his request......to secure the carrying out of the obligations of the debtor....under the agreement, Wilson v. First Country Trust Ltd., (2001) LR 407 (QB). [Consumer Credit Act, 1974 (C39), ss. 189(1)]Means an instrument which guarantees the certainty of some ...
Husband and wife
Husband and wife. the Common Law treated them, for most purposes, as one person, giving, with exceptions comparatively unimportant, the whole of a woman's property to her husband for his absolute use, and a husband could not make a grant to his wife at the Common Law, though he might do so: (1) under the Statute of Uses, by granting an estate to another person for her use; (2) by creating a trust in her favour; (3) by the custom of particular places; (4) by surrendering copyholds to her use; and (5) by will.Equity, however, from very early times, by the doctrines of 'separate use,' 'trusts,' and 'equity to a settlement,' very largely modified the Common Law in favour of the wife; and the statute law has, by s. 1 of the Law Reform (Married Women and Tortfeasors Act), 1935 (25 & 26 Geo. 5, c. 30), almost completely abolished the property distinction between an unmarried and a married woman. See MARRIED WOMEN'S PROPERTY.At Common Law, a gift of either realty or personal-ity to a husband a...
guaranty
guaranty pl: -ties [Old French garantie, from garantir to guarantee, from garant warrant] 1 : a pledge to pay another's debt or to perform another's duty in case of the other's default or inadequate performance compare letter of credit 2 : guarantee 3 : guarantor 4 : something given as security : pledge 5 : the protection of a right afforded by legal provision (as in a constitution) ...
Frankpledge
A pledge or surety for the good behavior of freemen each freeman who was a member of an ancient decennary tithing or friborg in England being a pledge for the good conduct of the others for the preservation of the public peace a free surety...
Distress
Distress [fr. distringo, Lat., to bind fast; districtio, Med. Lat., whence distraindre, Fr.], a taking, without legal process, of a personal chattel from the possession of a wrong-doer into the hands of a party grieved, as a pledge for the redressing an injury, the performance of a duty, or the satisfaction of a demand.This remedy may be resorted to by a landlord for recovery of rent in arrear, by a rate collector or tax collector for recovery of rates or taxes, and by justices of the peace for the recovery of fines due on summary convictions.A distress may be made of common right for the rent payable by a tenant to a landlord, technically termed 'rent-service,' and by particular reservation, or under s. 121 of the (English) Law of Property Act, 1925, for rent-charges, and also for rents-seck since the (English) Landlord and Tenant Act, 1730 (4 Geo. 2, c. 28), s. 5, which extended the same remedy to rents-seck, rents of assize, and chief-rents, and thereby in effect abolished all mater...
pawn
pawn 1 a : a pledge and transfer of possession of movable or personal property to a creditor which gives the creditor the privilege of satisfying the debt from the property (as by selling it) if the debt is not repaid within a specified time ;also : the property pledged [shall not take as a any workman's tools] compare antichresis b : the state of being so pledged or burdened by such a pledge [goods held in ] 2 : the act of pawning vt : to put (personal or movable property) in pawn [when it is redeemed by the person who ed it] compare hypothecate pawn·er [pȯ-nər] or paw·nor [same or pȯ-nȯr] n ...
Magna Carta
Magna Carta, [Latin 'great charter'] The English charter that King John granted to the barons in 1215 and Henry III and Edward I later confirmed. It is generally regarded as one of the great common-law documents and as the foundation of constitution liberties. The other three great charters of English Liberty are the Petition of Right (3 Car. (1628)), the Habeas Corpus Act (31 Car. 2 (1679)), and the Bill of Rights (1 Will. SM. (1689)). Also spelled Magna charta, Black's Law Dictionary, 7th Edn., p. 963.This Great Charter is based substantially upon the Saxon Common Law, which flourished in this kingdom until the Normaninvasion consolidated the system of feudality, still the great characteristic of the principles of real property. The barons assembled at St.Edmund's Bury, in Suffolk, in the later part of the year 1214, and there solemnly swore upon the high alter to withdraw their allegiance from the Crown, and openly rebel, unless King John confirmed by a formal charter the ancient li...
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