Saturday, 18 January 2014

Blacks law word of the day (2nd ed.): Bond

Bond - A contract by speciality to pay a certain sum of money; being a deed or instrument under seal, by which the maker or obligator promises, and thereto binds himself, his heirs, executors, and administrators, to pay a designated sum of money to another; usually a clause to the effect that upon performance of a certain condition (as to pay another and smaller sum) the obligation shall be void.

   The word "bond" shall embrace every written undertaking for the payment of money or acknowledgement of being bound for money, conditioned to be void on the performance of any duty, or the occurrence of anything therein expressed, and subscribed and delivered by the party  making it, to take effect as his obligation, whether it be sealed or unsealed; and, when a bond is required by law, an undertaking in writing without seal shall be sufficient.
  The word "bond" has with us a definite legal signification. it has a clause, with a sum fixed as a penalty, binding the parties to pay the same, conditioned, however that the payment of the penalty may be avoided by the performance by some one or more of the parties of certain acts.

  Bonds are either single (simple) or double (conditional). A single bond is one in which the obligor binds himself, his heirs, etc., to pay a certain sum of money to another person at a specified day. A double (or conditional) bond is one to which a condition is added that if the obligor does or forbears from doing some act the obligation shall be void. Formerly such a condition was sometimes contained in a separate instrument, and was then called a "defeasance."
   The term is also used to denote debentures or certificates of indebtedness issued by public and private corporations, governments, and municipalities, as security for the repayment of money loaned to them. Thus, "railway aid bonds" are bonds issued by municipal corporations to aid in the construction of railroads likely to benefit them, and exchanged for the company's stock.

IN OLD SCOTCH LAW: A bond-man; a slave.

Friday, 17 January 2014

Blacks law word of the day (2nd ed.): Domicile

Domicile - That place in which a man has voluntarily fixed the habitation of himself and family, not for a mere special or temporary purpose, but with the present intention of making a permanent home, until some unexpected even shall occur to induce him to adopt some other permanent home.

   In it's ordinary acceptation, a person's domicile is the place where he lives or has is home. In a strict and legal sense, that is properly the domicile of a person where he has his true, fixed, permanent home and principal establishment, and to which, whenever he is absent, he has the intention of returning.
   Domicile is but the established, fixed, permanent or ordinary dwelling-place or place of residence of a person, as distinguished from his temporary and transient, though actual, place of residence. It is his legal residence, as distinguished from his temporary place of abode; or his home, as distinguished from a place which business or pleasure may temporarily call him.
   Domicile is the place where a person has fixed his habitation and has a permanent residence without any present intention of removing therefrom.
   One's domicile is the place where one's family permanently resides.
   In internation law, "domicile" means a residence at a particular place, accompanied with positive or presumptive proof of intending to continue there for an unlimited time.

"Domicile" and "residence" are NOT synonymous. The domicile is the home, the fixed place of habitation; while residence is a transient place of dwelling.



Sunday, 15 September 2013

Blacks law word of the day (2nd ed.): Companions

Companions:
In french law. A general term, comprehending all persons who compose the crew of a ship or vessel.

Saturday, 14 September 2013

Blacks law word of the day (2nd ed.) Highway

Highway
A free and public road, way, or street; one which every person has the right to use.

Monday, 1 April 2013

Blacks law word of the day (2nd ed.): Lien

Lien: A qualified right of property which a creditor has in or over specific property of his debtor, as security for the debt or charge or for performance of some act.
In every case in which property, either real or personal, is charged with payment of a debt or duty, every such charge may be denominated a lien on the property.
A lien is a charge imposed upon specific property by which it is made securty for the performance of an act.

In a narrow and technical sense, the term "lien" signifies the right by which a person in possession of a personal property holds and detains it against the owner in satisfaction of a demand; but it has a more extensive meaning and in common acceptation is understood and used to denote a legal claim or charge on property, either real or personal, for the payment of any debt or duty; every such claim or charge remaining on a lien on the property, although not in the possession of the person to whom the debt or duty is due.

** In the scotch law, the doctrine of lien is known by the name of "retention," and that of set-off by the name of "compensation." The ROMAN OR CIVIL LAW embraces under the head of "MORTGAGE and PRIVILEGE", the peculiar securities which, in the common and maritime law and equity, are termed "liens.".

Wednesday, 27 March 2013

Blacks law word of the day (2nd ed.): Marriage

Marriage: Marriage as distinguished from the agreement to marry and from the act of becoming married, is the civil status of one man and one woman united in law for life, for the discharge to each other and the community of the duties legally incumbent on those whose association is founded on the distinction of sex.

-Marriage is a personal relation arising out of the civil contract, to which the consent of parties capable of making it is necessary. Consent alone will not constitute marriage; it must be followed by a solemnization or by a mutual assumption of marital rights, duties or obligations.
- Marriage is the union of one man and one woman "so long as they both shall life," to the exclusion of all others by an obligation which during that time, the parties cannot of their own volition and act dissolve, but which can be dissolved only by the authority of the state.

Tuesday, 26 March 2013