Surety - Law Dictionary Search Results
Home Dictionary Name: surety Page: 5 Page 5 of about 163 results ( seconds)bailable
bailable 1 : eligible for bail [a provision that all prisoners are before conviction] 2 : appropriate for or allowing bail [offenses that were not ] ...
Bond
Bond [fr. binda, band, bunden, A. S., to bind], a written acknowledgement or binding of a debt under seal. See DEED. No technical form of words is necessary to constitute a bond; see Gerrard v. Clowes, (1892) 2 QB 11; Strickland v. Williams, (1899) 1 QB 382. The person giving the bond is called the obligor, and he to whom it is given the obligee. A bond is called single (simplex obligatio) when it is without a penalty, but there is generally a condition added, that, if the obligor does or forbears from some act, the obligation shall be void, or else shall remain in full force, and the bond is then called a double or conditional one; see Dav. Prec. Vol. V., pt. Ii., p. 268. When a bond contains a penalty, which is generally double the amount of the principal sum secured, only the sum actually owing, with interest, can be recovered, and in no case can this exceed the amount appearing on the face of the bond. See 8 & 9 Wm. 3, c. 11, s. 8; Re Dixon, (1900) 2 Ch 561.Although it is unnecessa...
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...
subsurety
subsurety : one who is a surety along with another surety who may be liable for the entire loss upon the default of the principal ...
company
company pl: -nies : an association of persons for carrying on a commercial or industrial enterprise compare corporation, partnership finance company : a company that makes usually small short-term loans to individuals growth company : a company that grows at a greater rate than the economy as a whole and that usually directs a relatively high proportion of income back into the business holding company : a company whose sole function is to own and control other companies investment company : a company that earns income solely or primarily by holding and investing in securities issued by other companies or by government agencies joint-stock company : a business organization whose capital is represented by shares owned by stockholders each of whom is personally liable for the company's debts limited liability company : an unincorporated company formed under applicable state statute whose members cannot be held liable for the acts, debts, or obligations of the company and that ma...
bondsman
bondsman : one who accepts responsibility as surety for the obligations of another and esp. for bail ...
bailiff
bailiff [Anglo-French, steward, king's official, from bail stewardship, custody, handing over see bail ] : an officer of some courts in the U.S. whose duties usually include keeping order in the courtroom and guarding prisoners or jurors in deliberation ...
Discussion
Discussion. By the Roman Law sureties were not primarily liable to pay the debt for which they became bound as sureties: but were liable only after the creditor had sought payment from the principal debtor, and he had failed to pay. This was called the benefit or right of discussion. Under those systems of jurisprudence which adopt the Roman Law, and under the present law of France, the rule is similar; and the obligation contracted by the surety with the creditor is, that the latter shall not proceed against him until he has first discussed the principal debtor, if he is solvent. This right the surety enjoys, as the beneficium ordinis vel excussionis. And again, if other persons are joined with him in the obligation as sureties, he is not in the first instance to be proceeded against for the whole debt, but only for his share of it, if his co-sureties and co-obligees are solvent. This is commonly known as the benefit of division, or beneficium divisionis. Story's Confl. of Laws, 456...
Good behaviour, security for
Good behaviour, security for. The exercise of preventive justice, which consists in being bound with one or more sureties in a recognizance or obligation to the Crown, and taken in some Court, by some judicial officer; whereby the parties acknowledge themselves to be indebted to the Crown in the sum required, with the condition to be void if the party shall be of good behaviour, either general or especially for the time therein limited. See (English) Summary Jurisdiction Act, 1879 (42 & 43 Vict. c. 49), s. 25; see, further, (English) Probation of Offenders Act, 1907 (7 Edw. 7, c. 17); (English) Criminal Justice Act, 1925 (15 & 16 Geo. 5, c. 86), ss. 26(2), 39(3); Chitty's Statutes, tit. 'Justices.'Security for Convicted Drunkard.--The (English) Licensing Act, 1902 (Edw. 7, c. 28), enables a Court on conviction of a person for drunkenness in a public place, etc., to order him to enter into a recognizance, with or without sureties, to be of good behaviour....
Justification
Justification, a maintaining or showing a sufficient reason in court why the defendant did what he is called upon to answer, particularly in an action of libel; a defence of justification is a defence showing the libel to be true, or in an action of assault showing the violence to have been necessary.If in a libel action a defendant pleads justification he must give particulars of the matters upon which he intends to rely in support of his plea (see (English) R.S.C., Order XXXVI., r. 37); but it is otherwise if the plea is only one of fair comment, Digby v. Financial News, Ltd., (1907) 1 KB 502. Consult Odgers on Libel.Means (1) A lawful or sufficient reason for one's acts or omissions (2) A showing, in court, of a sufficient reason why a defendant did what the plaintiff or prosecution charges the defendant to answer for. Also termed justification defense; necessity defense (3) A surety's proof of having enough money or credit to provide security for the party for whom it is required. ...
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