Surety - Law Dictionary Search Results
Home Dictionary Name: surety Page: 4Expromissor
Expromissor, a surety; bail, Civil Law.One who assumes another's debts and becomes solely liable for it, by a stipulation with the creditor, Black's Law Dictionary, 7th Edn., p. 602....
Sponsor
Sponsor, a surety; one who makes a promise or gives security for another, particularly a godfather in baptism.Means any person holding not less than ten per cent of the paid-up equity capital of a securitisation company or reconstruction company. [Securitisa-tion and Reconstruction of Financial Assets and Enforcements of Security Interest Act, 2002 (54 of 2002), s. 2(1) (zh)]1. One who acts as surety for another 2. A legislator who proposes a bill 3. One who voluntarily intervenes for another without being requested to do so, Black's Law Dictionary, 7th Edn., p. 1410....
Plegiis acquietandis
Plegiis acquietandis, a writ that anciently lay for a surety against him for whom he was surety, if he paid not the money at the day, Fitz. N.B. 173....
Pledge
Pledge, anything put to pawn or given by way of warrant or security; also a surety, bail, or hostage. See PAWN; PIGNUS.Means the transfer of movable property as a security for debt or obligation. The pledgee has the right to sell the goods for the realisation of his debt. But he cannot 'foreclose' the pledge and become the owner of the property himself. This is a feature which distinguishes a pledge from a mortgage, Branch Manager, State Bank of Hyderabad v. GRB Viswanadha Raju, AIR 1993 AP 337: (1993) 2 Andh LT 274: (1993) 2 Hindu LR 36: (1993) 2 Bank Cas 542: (1993) 2 Cur CC 491....
Ordinis beneficium
Ordinis beneficium, means 'the benefit of order' means the privilege of a surety by which the creditor must exhaust the principal debtor's property before having recourse against the surety, Black's Law Dictionary, 7th Edn., p. 1126....
Mainpernor
Mainpernor [fr. main, Fr., hand, and preneur taker]. See MAINPRIZE.Mainpernor, 1. A surety for a prisoner's appearance; one who gives main prise for another. 2. A form of bail taken under a writ of mainprise, Black's Law Dictionary, 7th Edn., p. 964....
Indictment
Indictment [fr. indico, Lat., to show], a written accusation against one or more persons of a crime formerly preferred to and presented upon oath by a grand jury. Grand juries were partly abolished by the Administration of Justice (Miscellaneous Pro-visions) Act, 1933 (23 & 24 Geo. 5, c. 36). The bill of indictment is now preferred by any person before a court in which a person charged may lawfully be indicted, and the proper officer shall, if the requirements have been complied with, sign the bill and it shall thereupon become an indictment. But bills of indictment may be preferred before grand juries of the Counties of London and Middlesex by virtue of certain enactments set out in the 1st Schedule (high treason and certain other offences tribal in the King's Bench Division). Indictments were of a highly technical character until simplified by the Indictments Act, 1915, which directs that the particulars of the offence shall be 'set out in ordinary language.' See also Indictments Pro...
Guaranty, or Guarantee
Guaranty, or Guarantee, a promise to a person to be answerable for the payment of a debt or the performance of a duty by another, in case he should fail to perform his engagement. An offer to guarantee until it be accepted is not binding. At Common Law a guarantee need not have been in writing, but the Statute of Frauds (29 Car. 2, c. 3), s. 4, enacts that 'No action shall be brought whereby to charge the defendant upon any special promise to answer for the debt, default, or miscarriages of another person, unless the agreement upon which such action shall be brought, or some memoran-dum or note thereof, shall be in writing, and signed by the party to be charged therewith or some other person thereunto by him lawfully authorized.' In case of guarantees, great inconvenience had resulted from the construction put upon the above s., viz., that the consideration for the promise of the guarantor must appear upon the written instru-ment. To remedy this, the Mercantile Law Amend-ment Act, 1856...
Stramineus homo
Stramineus homo, a man of straw, one of no substance, put forward as bail or surety....
Exoneretur
Exoneretur (that he be discharged), an entry made upon the bail-piece upon render of a defendant to prison in discharge of his bail....
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