Record Debts Of - Law Dictionary Search Results
Home Dictionary Name: record debts ofRecord, Debts of
Record, Debts of, those which appear to be due by the evidence of a Court of record, such as a judgment, recognizance, etc. Since 1st January, 1870, all specialty and simple contract debts of deceased persons stand in equal degree in the administration of the estate of any one deceased. [Administration of Estates Act, 1869 (32 & 33 Vict. c. 46]...
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...
Recognizance
An obligation of record entered into before some court of record or magistrate duly authorized with condition to do some particular act as to appear at the same or some other court to keep the peace or pay a debt A recognizance differs from a bond being witnessed by the record only and not by the partys seal...
mortgage
mortgage [Anglo-French, from Old French, from mort dead (from Latin mortuus) + gage security] 1 a : a conveyance of title to property that is given to secure an obligation (as a debt) and that is defeated upon payment or performance according to stipulated terms [shows that a deed was intended only as a "W. M. McGovern, Jr. et al."] b : a lien against property that is granted to secure an obligation (as a debt) and that is extinguished upon payment or performance according to stipulated terms [creditors with valid s against the debtor's property "J. H. Williamson"] c : a loan secured by a mortgage [applied for a ] adjustable rate mortgage : a mortgage having an interest rate which is usually initially lower than that of a mortgage with a fixed rate but which is adjusted periodically according to an index (as the cost of funds to the lender) balloon mortgage : a mortgage having the interest paid periodically and the principal paid in one lump sum at the end of the term of the lo...
Uses
Uses (History). A use is the intention or purpose, express or implied, upon which property is to be held. The Common Law treated the actual possessor for all purposes as the owner of the property. It was not difficult to find him out, since the possession of his estate was conferred upon him by a formal and notorious ceremony, technically called livery of seisin, which was performed openly and in the presence of the people of the locality.It soon became evident that the simple rules of the Common Law were stumbling-blocks to the complicated wants of an enterprising people.Hence ingenuity was sharpened to hit upon a device which should set at nought the rigidity of existing law and formalities.A system was found by the monastic jurists upon a model furnished by the Civil Law, which, by a nice adaptation, evaded, without overturning, the Common Law. Two methods of transferring realty began to co-exist in this country-the ancient Common Law system, and the later invention, which is denomi...
Extent
Extent, the peculiar remedy to recover debts of record due to the Crown; it differs from an ordinary writ of execution at the suit of a subject, because under it the body, lands, and goods of the debtor may all be taken at once, in order to compel the payment of the debt. It is not usual, however, to seize the body.There are two kinds of Extent--in chief and in aid. (1) Extent in chief. It issues from the Exchequer, and may bear teste and be made returnable on any day certain in term of vacation (5 & 6 Vict. c. 86, s. 8). It directs the sheriff to take an inquisition or inquest of office, on the oaths of lawful men, to ascertain the lands, etc., of the debtor, and seize the same into the King's hands. The writ should be preceded by a cire facias in order to bring the debtor into Court, and afford him an opportunity to show cause against it; but where the debt is in danger of being lost, the extent will be issued without a scire facias upon an affidavit of circumstances; and after the s...
Interest
Interest, an interest for the purposes of the regula-tion was not limited to a direct financial interest and included membership of a panel such as the panel of which the claimant's solicitors were members that, therefore, the Claimant's Solicitors had had an interest in recommending the insurance which they recommend to her; that, in the circumstances, there had not been sufficient disclosure of that interest; and that, accordingly, there had been a material breach of regulation 4(2)(e)(ii) and the conditional fee agreement was unenforceable [See (English) Conditional Fee Agreements Regulation, 2000 (SI 2000/692), reg. 4(2)(c)(e)(ii)], Garrett v. Halton BC, (2007) 1 WLR 554 CA Cir.Interest, inter alia as the compensation fixed by agreement or allowed by law for the use or detention of money, or for the loss of money by one who is entitled to its use; especially, the amount owed to a lender in return for the use of the borrowed money [Black's Law Dictionary (7th Edn.) pp. 393-94 para 3...
Daybook
A journal of accounts a primary record book in which are recorded the debts and credits or accounts of the day in their order and from which they are transferred to the journal...
Aurum regin'
Aurum regin', queen-gold. A royal revenue belonging to every queen consort during her marriage with the king, and due from every person who has made a voluntary offering or fine to the king amounting to ten marks or upwards, for and in consideration of any privileges, grants, licenses, pardons, or other matters of royal favour conferred upon him by the king. It is due in the proportion of one-tenth part more, over and above the entire offering or fine made to the king, and becomes an actual debt of record to the queen's majesty by the mere recording of the fine, 1 Bl. Com. 214....
Scire facias for the Crown
Scire facias for the Crown. The summary proceed-ing by extent is only resorted to when a Crown debtor is insolvent, or there is good ground for supposing that the debt may be lost by delay. in ordinary cases where a debt or duty appears by record to be owing to the Crown, the process for the Crown is a writ of sci. fa. quae executionem non; but should the defendant become insolvent pend-ing this writ, the Crown may abandon the proceed-ing and resort to an extent. Consult Robertson on the Crown. See also AIR 1960 AP 123 (126)....
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