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Security - Law Dictionary Search Results

Home Dictionary Name: security

lien

lien [Anglo-French, bond, obligation, literally, tie, band, from Old French, from Latin ligamen, from ligare to bind] : a charge or encumbrance upon property for the satisfaction of a debt or other duty that is created by agreement of the parties or esp. by operation of law ;specif : a security interest created esp. by a mortgage assessment lien : a lien that is on property benefiting from an improvement made by a municipality and that secures payment of the taxes assessed to pay for the improvement attachment lien : a lien acquired on property by a creditor upon levy of an attachment car·ri·er's lien : a lien against freight conferring on the carrier the right to retain the property until the amount due is paid charging lien : a lien attaching to a judgment or recovery awarded to a plaintiff and securing payment of the plaintiff's attorney's fees and expenses called also special lien choate lien : a lien that requires no further action to be made enforceable and th...


security

security pl: -ties 1 a : something (as a mortgage or collateral) that is provided to make certain the fulfillment of an obligation [used his property as for a loan] b : surety see also security for costs 2 : evidence of indebtedness, ownership, or the right to ownership ;specif : evidence of investment in a common enterprise (as a corporation or partnership) made with the expectation of deriving a profit solely from the efforts of others who acquire control over the funds invested [a involves some form of investment contract] see also due diligence asset-backed security : a security (as a bond) that represents ownership in or is secured by a pool of assets (as loans or receivables) that have been securitized bearer security : a security (as a bearer bond) that is not registered and is payable to anyone in possession of it cer·tif·i·cat·ed security [sər-ti-fə-kā-təd-] : a security that belongs to or is divisible into a class or series o...


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...


Security for costs

Security for costs. In certain cases a plaintiff, before proceeding with his action, may be required to give security for the costs of it. The principal cases in which security may be required are the following: (1) Where the plaintiff is resident abroad, but if he resides in Scotland or Northern Ireland security will not be required: aliter, in the Irish Free State, Wakely v. Triumph Cycle Co., 40 TLR 15 (CA); (2) where he mis-describes his residence, or is keeping out of the way; (3) where he is only a nominal plaintiff and is insolvent; (4) where he is a privileged person, e.g., an ambassador's servant; (5) where the plaintiff is a limited company ((English) Companies Act, 1929, s. 371). But security cannot be required from a plaintiff on the mre ground of poverty or insolvency; or from a defendant, unless by reason of a counterclaim he is really in the position of a plaintiff; or from a person compelled to litigate. Security for costs may extend as well to past as future costs.The ...


Vendor's lien for unpaid purchase money

Vendor's lien for unpaid purchase money. Where a vendor of land conveys, without more, although the consideration is expressed to be paid both in the body of the deed and by a receipt endorsed on the back of it, still if the money or part of it was not in fact paid, a lien arises as between the vendor and the purchaser, and persons claiming as volunteers, for so much of the purchase money as remains unpaid. The mere giving of security will not prevent the lien arising, unless it appears that the security was to be substituted for the lien. Similarly a purchaser will have a lien for prematurely paid purchase money, see Mackreth v. Symmons, (1808) 15 Ves 329; 1 W &TLC.If the lien arose before 1926 and was not transferred after 1925, a purchaser for value of the legal estate in the land from the original purchaser will take it subject to the lien if he had notice of it, and in all cases where a pre-1926 lien has been transferred or a lien has arisen since 1925, it must be registered under...


Maritime lien

Maritime lien, is well defined to mean a claim or privilege upon a thing to be carried into effect by legal process, that process to be a proceeding in rem ...... This claim or privilege travels with the thing into whosoever possession it may come. It is inchoate from the moment the claim or privilege attaches, and when carried into effect by legal process by a proceeding in rem, relates back to the period when it first attached, Bold Buccbugh, The (1852) 7 Moo PCC 267: (1843-60) All ER Rep 125.A maritime lien is a claim which attaches to the res i.e., the ship, freight, or cargo. It may arise ex delicto, e.g., compensation for damage by collision, or ex contractu, for services rendered to the res; but it is strictly confined to services such as salvage, supply of necessaries to the ship, and seamen's wages, and the courts show no tendency to extend the privilege (see The Ripon City, 1897, P. 226). Thus for ordinary work done upon a ship, such as repairs, there will be no maritime lien...


social security

social security 1 : the principle or practice or a program of public provision (as through social insurance or assistance) for the economic security and social welfare of the individual and his or her family ;esp often cap both Ss : a U.S. government program established in 1935 to include old-age and survivors insurance, contributions to state unemployment insurance, and old-age assistance 2 : money paid out through a social security program [collects social security] see also Social Security Act in the Important Laws section social security administration in the Important Agencies section ...


Valuable security

Valuable security, certificates the appellant has been found to have forged to get admission in the Arts and Commerce College affiliated to Poona Univer-sity could not be described as 'valuable security' within the meaning of s. 30 of the Indian Penal Code, Shaikh Noor Mohd. Shaikh Fazal v. State of Maharashtra, (1980) 4 SCC 551: AIR 1981 SC 297 (298). [Penal Code (45 of 1860), ss. 30, 465, 467, 471]The words 'valuable security' denote a document which is, or purports to be, a document whereby any legal right is created, extended, transferred, restricted, extinguished or released, or whereby any person acknowledges that he lies under legal liability, or has not a certain legal right, see also. [Dowry Prohibition Act, 1961 (28 of 1961), s. 2, Expl. II; (English) Penal Code, 1860, s. 30]The assessment order is certainly a 'document', under s. 29, IPC. The order of assessment does create a right, in the assessee, in the sense that he has a right to pay tax only on the total amount assesse...


Private security agency

Private security agency, means a person or body of person other than a government agency; depart-ment or organization engaged in the business of providing private security services including training to private security guards or their supervisor or providing private security guards to any industrial or business undertaking or a company or any other person or property. [The Private Security Agencies (Regulation) Act, 2005, s. 2(g)]...


Proximate security

Proximate security, 'proximate security' means protection provided from close quarters, during journey by road, rail, aircraft, watercraft or on foot or any other means of transport and shall include the places of functions, engagements, residence or halt and shall comprise ring round teams, isolation cordons, the sterile zone around, and the rostrum and access control to the person or members of his immediate family [Special Protection Group Act, 1988 (34 of 1988), s. 2(g)]Means protection provided from close quarters during journey by road, rail, aircraft, watercraft or on foot or any other means of transport, and shall include the place of functions, engagements, residence or halt and shall comprise ring round teams, isolation cordons, the sterile zone around and the rostrum and access control to the person or members of his immediate family. The mere fact that the protectee has to go to court as an undertrial, does not disentitle him to the proximate security, Commissioner of Polic...


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