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Registered Bond - Law Dictionary Search Results

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Priority

Priority, an antiquity of tenure in comparison with another less ancient; also that which is before another in order of time.As to priority among creditors, see (English) Admin-istration of Estates Act, 1869, reproduced by ss. 32 to 34, (English) Administration of Estates Act, 1925, and the First Sch., which provides that in the administration of the estate of any person who shall die on or after 1st January, 1870, no debt or liability of such person shall be entitled to any priority or preference by reason merely that the same is secured by or arises under a bond, deed, or other instrument under seal, or is otherwise made or constituted a specialty debt.The priority in legal and equitable assignments of equitable choses in action are determined accord-ing to the date of receipt of notice by the persons who are for the time being owners of the legal interest in the property assigned. Before 1926 the notice might be verbal; after 1926 it must, for the purposes of establishing priority a...


Crown debts

Crown debts. It is a prerogative of the Crownto claim priority for its debts before all other creditors, and to recover them by a summary process called an extent. See 33 Hen. 8, c. 39.Every person having money belonging to the Crown is a Crown-debtor. When upon in quisition a personis found to be a Crown-debtor by simple contract, the debt immediately becomes a specialty; but a person givien to the Crown a bond on condition is not a bond-debtor before the condition is broken.S. 28(1) of the Bankruptcy Act, 1914, provides that an order of discharge shall not release a bankrupt from his Crown debts.It is provided by the (English) Land Chargs Act, 1900 (63 & 64 Vict. c. 26), replaced by the Land Charges Act,1925, ss. 6 and 7, and see also the Law of Property Act, 1925, that Crown debts shall not affectlands until writ or ordr for the purpose of enforcing the judgment has been issued and registered. See Chitty's Statutes, tit. 'Land,' and titles EXTENT; PREFERENTIAL PAYMENTS....


Caution

Caution, a species of bail; security. When used in this sense, the word is pronounced 'cayshon.'--Scots Law. In England, any warning. A prisoner or accused person is 'cautioned' before making a statement, that such statement may be used in evidence upon his trial.Caution.--Under the (English) Land Registration Act, 1925, ss. 54 to 56, is a notice to the Registrar in the nature of a caveat to the effect that the cautioner is entitled to be served with a notice of any application for the registration of an interest in registered land affecting the cautioner. Registration, as a rule, will to be effected until a reasonable time (usually 14 days) has elapsed after service of notice, or the cautioner has entered an appearance. Cautions may be lodged against first registration to protect unregistered mortgages, contracts for purchase, the vesting of equitably settled estates and other purposes. Cautions to protect unregistered mortgages under s. 106 of the (English) L. R. Act, 1925, confer a ...


Limitation of actions and prosecutions

Limitation of actions and prosecutions. By various statutes, of which the first was 21 Jac. 1, c. 16, the (English) Limitation Act, 1623, and the principal succeeding ones, the Real Property Limitation Act, 1833 (3 & 4 Will. 4, c. 42), the (English) Civil Procedure Act (3 & 4 Will. 4, c. 27) [see Read v. Price, (1909) 2 KB 724], and 37 & 38 Vict. c. 57, the (English) Real Property Limitation Act, 1874, certain periods are fixed within which, upon the principle Interest reipublic' ut sit finis litium, particular actions must be brought or proceedings taken.In the case of simple contract the remedy on the contract is barred, leaving the creditor free to enforce his claims by other means which may be still available, such as enforcing a lien, subsequent acknowledgment by the debtor or appropriation of payments, but not by way of set-off (9 Geo. 4, c. 14, s. 3). In regard to land, the right to it is destroyed after the statutory period and neither re-entry nor acknowledgment after the laps...


Recognisance

Recognisance, an acknowledgement of a debt owing to the Crown, with a condition to be void if the recognizor shall do some particular act, as if he, or the party for whom he is surety, shall appear at the assizes to prosecute a person, or to come up for judgment when called upon, or shall prosecute an appeal, or shall be of good behaviour, commonly called 'binding over.' As to the power of justices of their own initiative to bind over a person, though no formal charge has been made against him, see R. v. Wilkins, (1907) 2 KB 380. See also R. v. Sandbach, Ex p. Williams, (1935) 2 KB 192, and Summary Jurisdiction Act, 1879 (42 & 43 Vict. c. 49), s. 31,sub-s. 3, as amended by Summary Jurisdiction (Appeals) Act, 1933 (23 & 24 Geo. 5, c. 38), s. 1; and as to the mode of entering into recognizance, see Criminal Justice Administration Act, 1914, s. 24; see also ss. 19-23. For forms of recognizance, see the schedule to the Summary Jurisdiction rules, 1886; also rules 112-115 of the Crown Offic...


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