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BOND: A certificate or evidence of a debt. State v. Merchants Nat. Bank of Mobile, 230 Ala. 661,
162 So. 270; First State Bank of Kansas City v. Bone, 122 Kan. 493, 252 P. 250, 254. A contract.
Cusack v. McGrain, 136 Ohio St. 27, 23 N.E.2d 633, 635. A debt on which interest is paid.
Commissioner of Internal Revenue v. H. P. Hood & Sons, C.C.A.1, 141 F.2d 467, 469. A deed whereby the - obligor obliges himself, his heirs, executors and administrators, to pay a certain sum of money to another at a day appointed. Gural v. Engle, 128 N.J.L. 252, 25 A.2d 257, 260; Commonwealth, for Use of Fayette County v. Perry, 330 Pa. 355, 199 A. 204, 206. A mere promise to pay. Deppe v. Lufkin, C.C.A.Mass., 116 F.2d 483, 486.
A specialty or sealed instru ment and not merely a written instrument. Forrest v. Hawkins, 169 Va. 470, 194 S.E. 721, 722. A written obligation. Davis v. Phipps, 191 Ark. 298, 85 S.W.2d 1020, 1023, 100 A.L.R. 1110; Covington Virginian v. Woods, 182 Va. 538, 29 S.E.2d 406; Code Miss.1930, § 1365. An instrument which is not necessarily under seal. Carson, Pirie, Scott & Co. v. Duffy-Powers, Inc., D.C.N.Y., 9 F.Supp. 199, 201; Code Miss.1930, § 1365.
An instrument with 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. In re Fitch, 3 Redf.Sur., N.Y., 459. And see Stifel Estate Co. v. Cella, 220 Mo.App. 657, 291 S.W. 515, 518.
Any contractual funding device. Leon County v. State, 122 Fla. 505, 165 So. 666. Debentures. First State Bank of Kansas City v. Bone, 122 Kan. 493, 252 P. 250, 254. Obligation to pay interest embodied in bonds as included in word "bonds." Eisiminger v. Elliott, Colo., 103 Colo. 216, 84 P.2d 823, 825.
In old Scotch law. A bond-man; a slave. Skene.
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.
Word "bond" in a statute means negotiable bonds. Royal Oak Drain. Dist., Oakland County v. Keefe, C.C.A. Ohio, 87 F.2d 786. Word "bons" in statute held applicable to a single bond. Lien Law N.Y. § 231. In re Downtown Athletic Club of New York City, D.C.N.Y., 18 F.Supp. 712, 715.
As a verb, to place under the cohditions of a bond; specif. : to convert into a debt secured by bonds. State ex rel. Pittman Bros. Const. Co. v. Watson, 199 La. 623, 6 So.2d 709, 712. To give bond for, as for duties on goods; to secure payment of duties, by giving bond. Bonded,
secured by bond. Bonded goods are those for the duties on which bonds are given.
Bond and Disposition in Security
In Scotch law. A bond and mortgage on land.
Bond and Mortgage
A species of security, consisting of a bond conditioned for the repayment of a loan of money, and a mortgage of realty to secure the performance of the stipulations of the bond. Meigs v. Bunting, 141 Pa. 233, 21 A. 588, 23 Am.St. Rep. 273.
A bond and mortgage are distinct and separate securities. In re Maroney's Estate, 311 Pa. 336, 166 A. 914, 915.
"Bond" is primarily contract to pay while "mortgage" is separate contract to secure payment. Mendelson v. Realty Mortg. Corporation, 257 Mich. 442, 241 N.W. 154, 155. Investment in certificates of participation in bonds and mortgages as within statute authorizing investment in "bonds and mortgages". In re Smith, 279 N.Y. 479, 18 N.E.2d 666, 670.
Bond Creditor
A creditor whose debt is secured by a bond.
Bond for Deed
An agreement to make title in the future or an executory or incomplete sale. Ingram v. Smith, 62 Ga.App. 335, 7 S.E.2d 922, 926. An agreement to buy and sell real estate on small monthly payments. Galverina v. Ben L. Lewis Corporation, La.App., 165 So. 29.
Bond for Title
An agreement to make title in the future or an executory or incomplete sale. Ingram v. Smith, 62 Ga.App. 335, 7 S.E.2d 922, 926. White v. Stokes, 67 Ark. 184, 53 S.W. 1060.
In re Phcenix Planing Mill, D.C.Ga., 250 F. 899, 903. It is not a conveyance of legal title but only a contract t,') convey and may ripen into an equitable title upon payment of the consideration. Faddell v. Taylor, Tex.Com.App., 239 S.W. 931, 932.
Bond Issue
Delivery of instruments as covered by term. Vans Agnew v. Fort Myers Drainage Dist., C.C.A.Fla., 69 F.2d 244, 245.
Bond of Indebtedness
Instruments containing promise to pay sum certain under seal and issued in series in nature of corporate securities. Bellefield Co. v. Heiner, D.C.Pa., 26 F.2d 292, 293. A temporary bond in registered form issued by public service corporation. Wisconsin Public Service Corporation v.
United States, D.C.Wis., 40 F.Supp. 327, 330.
Bond of Such Ordinary
Bond that the ordinary gives for the faithful performance of duties as clerk. Jones v. Reed, 58 Ga.App. 72, 197 S.E. 665, 668.
Bond Tenants
In English law. Copyholders and customary tenants are sometimes so called. 2 Bi.Comm. 148.
Bond with Surety Bond executed without surety but accompanied by certified check as substitute. Clinch Valley Lumber Corporation v. Hagan Estates, Inc., 167 Va. 1, 187 S.E. 440, 441.
Bonds of State or Public Corporation State's or city's general obligation bonds. City of Los
Angeles v. Agardy, 1 Ca1.2d 76, 33 P.2d 834, 835. Black's Law Dictionary Revised 4th Ed.-15
CIVILIAN: One who is skilled or versed in the civil law. A doctor, professor, or student of the civil law. Also a private citizen, as distinguished from such as belong to the army and navy or (in England) the church.
CIVILITER MORTUUS: Civilly dead; dead in the view of the law. The condition of one who has lost his civil rights and capacities, and is accounted
dead in law. Rasor v. Rasor, 173 S.C. 365, 175 S.E. 545.
CLIENT: A person who employs or retains an attorney, or counsellor, to appear for him in
courts, advise, assist, and defend him in legal proceedings, and to act for him in any legal business. McCreary v. Hoopes, 25 Miss. 428; McFarland v. Crary, 6 Wend., N.Y., 297; Cross v. Riggins, 50 Mo. 335. It should include one who disclosed confidential matters to attorney while seeking professional aid, whether attorney was employed or not. Sitton v. Peyree, 117 Or. 107, 241 P. 62, 64.
CHARGE: CHARGE, n. An incumbrance, lien, or claim; a burden or load; an obligation or duty; a liability;
an accusation. Darling v. Rogers, 22 Wend. (N. Y.) 491. Custody. Randazzo v. U. S., C.C.A.Mo.,
300 F. 794, 797; In re Boulware's Will, 258 N.Y.S. 522, 144 Misc. 235. Price. Aiken Mills v. United
States, D.C.S.C., 53 F.Supp. 524, 526. Rate. Borough of Mechanicsburg v. Valley Rys., 109 Pa.
Super. 48, 165 A. 541, 542.
Conversion' of electrical energy into chemical energy within a cell or storage battery. Elliott
Works v. Frisk, D.C.Iowa, 58 F.2d 820, 822.
In Common-law Practice The final address by judge to jury before verdict, in which he sums up the case, and instructs jury as to the rules of law which apply to its various issues, and which
they must observe. The term also applies to the address of court to grand jury, in which the latter are instructed as to their duties.
In Contracts
An obligation. Com.Dig. "Rent," c. 6; 2 Ball & B. 223; Termes de la Ley. An undertaking to keep the custody of another person's goods. State v. Clark, 86 Me. 194, 29 A. 984.
In Criminal Law
An accusation or oral charge. People v. Ross, 235 Mich. 433, 209 N.W. 663, 666; Haggard v. First Nat. Bank of Mandan, 72 N.D. 434, 8 N.W.2d 5, 9. A formal complaint, information, or indictment. People v. Lepori, 35 Cal.App. 60, 169 P. 692, 694. A count. State v. Thornton, 142 La.
797, 77 So. 634, 636; State v. Pucketty, 39 N.M. 511, 50 P.2d 964, 965. Accused or arraigned. Code Cr.Proc. § 57. People v. Hickox, 10 N.Y.S.2d 318, 320, 170 Misc. 354.
In Equity Pleading
An allegation in the bill of matters which disprove or avoid a defense which it is alleged the defendant is supposed to pretend or intend to set up. Story, Eq.P1. § 31; Cooper, Eq.P1. 11; 1 Dan.Ch.Pr. 372, 1883, n.; 11 Ves.Ch. 574.
In Equity Practice
A written statement presented to a master in chancery by a party of the items with which the opposite party should be debited or should account for, or of the claim of the party making it. A charge may embrace the whole liabilities of the accounting party. Hoff.Mast. 36.
In Scotch Law
The command of the king's letters to perform some act; as a charge to enter heir. Also a messenger's execution, requiring a person to obey the order of the king's letters; as a charge on letters of horning, or a charge against a superior. Bell.
In the Law of Wills
A responsibility or liability imposed by the testator upon a devisee personally, or upon the land devised. Potter v. Gardner, 12 Wheat. 498, 6 L. Ed. 706; Boal v. Metropolitan Museum of Art of City of New York, C.C.A.N.Y., 298 F. 894, 908. A pecuniary burden. In re Clark's Will, 37 N.Y.S.2d 522, 523, 179 Misc. 75.
A devise for beneficial enjoyment of devisee subject to payment of a sum of money or performance of a particular duty. Howells State Bank v. Pont, 113 Neb. 181, 202 N.W. 457, 459.
General Charge
The charge or instruction of the court to the jury upon the case, as a whole, or upon its general features and characteristics.
Public Charge
A person whom it is necessary to support at public expense by reason of poverty, insanity and poverty, disease and poverty, or idiocy and poverty. Wallis v. U. S., ex rel. Mannara, C.C.A.N.Y., 273 F. 509, 511.
As used in Immigration Act Feb. 5, 1917, § 19, 8 U.S.C.A. § 155, one who produces a money charge on, or an expense to, the public for support and care. Ex parte Kichmiriantz, D.C.Cal., 283 F. 697, 698. As so used, the term is not limited to paupers or those liable to become such, but includes those who will not undertake honest pursuits, or who are likely to become
periodically the inmates of prisons. Ex parte Horn, D.C. Wash., 292 F. 455, 457. But see Ng Fung Ho v. White, C.C.A.Cal., 266 F. 765, 769.
Special Charge: A charge or instruction given by the court to the jury, upon some particular point or question involved in the
case, and usually in response to counsel's request for such
instruction.
CHARTER, n. An instrument emanating from the sovereign power, in the nature of a grant,
either to the whole nation, or to a class or portion
of the people, or to a colony or dependency, and
assuring to them certain rights, liberties, or
powers.
CHARGE—OFF: Anything manifesting intent to eliminate an item from assets. Rubinkam v. Commissioner of Internal Revenue, C.C.A.7, 118 F.2d 148, 149.
COUPON: (WIKIPEDIA)
In marketing, a coupon is a ticket or document that can be redeemed for a financial discount or rebate when purchasing a product.
Customarily, coupons are issued by manufacturers of consumer packaged goods or by retailers, to be used in retail stores as a part of sales promotions. They are often widely distributed through mail, coupon envelopes, magazines, newspapers, the Internet (social media, email newsletter), directly from the retailer, and mobile devices such as cell phones.
The New York Times reported "more than 900 manufacturers' coupons were distributed" per household, and that "the United States Department of Agriculture estimates that four families in five use coupons. "Only about 4 percent" of coupons received were redeemed. Coupons can be targeted selectively to regional markets in which price competition is great.
Most coupons have an expiration date, although American military commissaries overseas honor manufacturers' coupons for up to six months past the expiration date.
CHARTER, n. An instrument emanating from the sovereign power, in the nature of a grant, either to the whole nation, or to a class or portion of the people, or to a colony or dependency, and assuring to them certain rights, liberties, or powers.
A charter differs from a constitution, in that the former
is granted by the sovereign, while the latter is established
by the people themselves.
COUPON (Investopedia): A coupon or coupon payment is the annual interest rate paid on a bond, expressed as a percentage of the face value and paid from issue date until maturity. Coupons are usually referred to in terms of the coupon rate (the sum of coupons paid in a year divided by the face value of the bond in question).
It is also referred to as the "coupon rate," "coupon percent rate" and "normal yield."
COUPON BOND: The term "coupon" originally refers to actual detachable coupons affixed to bond certificates. Bonds with coupons, known as coupon bonds or bearer bonds, are not registered, meaning that possession of them constitutes ownership. To collect an interest payment, the investor has to present the physical coupon.
Bearer bonds were once common. While they still exist, they have fallen out of favor for two reasons. First, an investor whose bond is lost, stolen, or damaged has functionally no recourse or hope of regaining their investment. Second, the anonymity of bearer bonds has proven attractive to money launderers. A 1982 U.S. law significantly curtailed the use of bearer bonds, and all Treasury-issued bearer bonds are now past maturity.
Today, the vast majority of investors and issuers alike prefer to keep electronic records on bond ownership. Even so, the term "coupon" has survived to describe a bond's nominal yield.
COURT:
International Law
The person and suite of the sovereign; the place where the sovereign sojourns with his regal retinue, wherever that may be. The English government is spoken of in diplomacy as the court of St. James, because the palace of St. James is the official palace.
Practice
An organ of the government, belonging to the
judicial department, whose function is the application of the laws to controversies brought before it and the public administration of justice. White County v. Gwin, 136 Ind. 562, 36 N.E. 237, 22 L.. R.A. 402; Bradley v. Town of Bloomfield, 85 N.J. Law, 506, 89 A. 1009.
The presence of a sufficient number of the members of such a body regularly convened in an authorized place at an appointed time, engaged in the full and regular performance of its functions. Brumley v. State, 20 Ark. 77; Wightman v. Karsner, 20 Ala. 446.
A body in the government to which the administration of justice is delegated. A body organized to administer justice, and including both judge and jury. Houston Belt & Terminal Ry. Co. v.
Lynch, Tex.Com.App., 221 S.W. 959, 960; People ex rel. Thaw v. Grifenhagen, Sup., 154 N.Y.S. 965,
970; Peterson v. Fargo-Moorhead St. Ry. Co., 37 N.D. 440, 164 N.W. 42, 49.
A tribunal officially assembled under authority of law at the appropriate time and place, for the administration of justice. In re Carter's Estate, 254 Pa. 518, 99 A. 58. An agency of the sovereign created by it directly or indirectly under its authority, consisting of one or more officers, established and maintained for the purpose of hearing and determining issues of law and fact regarding legal rights and alleged violations thereof, and of applying the sanctions of the law, authorized to exercise its powers in due course of law at times and places previously determined by lawful authority. Isbill v. Stovall, Tex.Civ.App., 92 S.W.2d 1067, 1070.
An incorporeal, political being, composed of one or more judges, who sit at fixed times and places, attended by proper officers, pursuant to lawful authority, for the administration of justice. State v. Le Blond, 108 Ohio St. 126, 140 N.E. 510, 512. An organized body with defined
powers, meeting at certain times and places for the hearing and decision of causes and other matters brought before it, and aided in this, its proper business, by Its proper officers, viz., attorneys and counsel to present and manage the business, clerks to record and attest its acts
and decisions, and ministerial officers to execute its commands, and secure due order in its proceedings. Ex parte Gardner, 22 Nev. 280, 39 P. 570; Hertzen v. Hertzen, 104
Or. 423, 208 P. 580, 582.
It is a passive forum for adjusting disputes and has no power to investigate facts or to initiate proceedings. Sale v. Railroad Commission, 15 Ca1.2d 612, 104 P.2d 38, 41.
The place where justice is judicially administered. Co. Litt. 58a; 3 Bl. Comm. 23. Railroad Co.
v. Harden, 113 Ga. 456, 38 S.E. 950; Croft v. Croft, 119 N.J.Eq. 468, 182 A. 853.
The judge, or the body of judges, presiding over a court.
The words "court" and "judge," or "judges," are frequently used in statutes as synonymous. When used with reference to orders made by the court or judges, they are to be so understood. State v. Caywood, 96 Iowa, 367, 65 N.W. 385; Sale v. Railroad Commission, 15 Ca1.2d 612, 104 P.2d 38, 41.
The word "court" is often employed in statutes otherwise than in its strict technical sense, and is applied to various tribunals not judicial in their character, State v. Howat, 107 Kan. 423, 191 P. 585, 589; for example, in New Jersey, the "court of pardons"; In re Court of Pardons, 97 N.J.Eq. 555, 129 A. 624, 625.
Classification
Courts may be classified and divided according to several methods, the following being the more usual:
Courts of record and courts not of record-The former being those whose acts and judicial proceedings are enrolled, or recorded, for a perpetual memory and testimony, and which have power to fine or imprison for contempt. Error lies to their judgments, and they generally possess a seal.
Courts not of record - are those of inferior dignity, which have no power to fine or imprison, and in which the proceedings are not enrolled or recorded. 3 Bl. Comm. 24; 3 Steph. Comm. 383; The
Thomas Fletcher, C.C.Ga., 24 F. 481; Ex parte Thistleton, 52 Cal. 225; Erwin v. U. S., D.C.Ga., 37 F. 488, 2 L.R.A. 229; Heininger v. Davis, 96 Ohio St. 205, 117 N.E. 229, 231.
A "court of record" - is a judicial tribunal having attributes and exercising functions independently of the person of the magistrate designated generally to hold it, and proceeding according to the course of common law, its acts and proceedings being enrolled for a perpetual memorial. Jones v. Jones, 188 Mo.App. 220, 175 S.W. 227, 229; Ex parte Gladhill, 8 Metc., Mass., 171, per Shaw, C. J. See, also, Ledwith v. Rosalsky, 244 N.Y. 406, 155 N.E. 688, 689.
Courts may be at the same time of record for some purposes and not of record for others. Lester v. Redmond, 6 Hill, N.Y., 590; Ex parte Gladhill, 8 Metc., Mass., 168.
Superior and inferior courts-The former being courts of general original jurisdiction in the first
instance, and which exercise a control or supervision over a system of lower courts, either by appeal, error, or certiorari; the latter being courts of small or restricted jurisdiction, and subject to the review or correction of higher courts. Sometimes the former term is used to denote a particular group or system of courts of high powers, and all others are called "inferior courts."
To constitute a court a superior court as to any class of actions, within the common-law meaning of that term, its jurisdiction of such actions must be unconditional, so that
the only thing requisite to enable the court to take cognizance of them is the acquisition of jurisdiction of the persons of the parties. Simons v. De Bare, 4 Bosw., N.Y., 547.
An inferior court-is a court whose judgments or decrees can be reviewed, on appeal or writ of error, by a higher tribunal, whether that tribunal be the circuit or supreme court. Nugent v. State, 18 Ala. 521.
Civil and criminal courts-The former being such as are established for the adjudication of controversies between subject and subject, or the ascertainment, enforcement, and redress of private rights; the latter, such as are charged with the administration of the criminal laws, and the punishment of wrongs to the public.
Equity courts and law courts-The former being such as possess the jurisdiction of a chancellor, apply the rules and principles of chancery law, and follow the procedure in equity; the latter,
such as have no equitable powers, but administer justice according to the rules and practice of the common law.
As to the division of courts according to their jurisdiction, see Jurisdiction.
As to several names or kinds of courts not specifically described in the titles immediately following, see Arches Court, Appellate, Circuit Courts, Consistory Courts, County, Customary
Court-Baron, Ecclesiastical Courts, Federal Courts, Forest Courts, High Commission Court,
Instance Court, Justice Court, Justiciary Court, Legislative Courts, Maritime Court, Mayor's Court, Moot Court, Municipal Court, Orphans' Court, Police Court, Prerogative Court, Prize Court, Probate Court, Superior Courts, Supreme Court, and Surrogate's Court.
As to court-hand, court-house, court-lands, court rolls, courtyard, see those titles in their alphabetical order infra.
General
Court above, court below. In appellate practice, the "court above" is the one to which a cause
is removed for review, whether by appeal, writ of error, or certiorari; while the "court below" is
the one from which the case is removed. Going v. Schnell, 6 Ohio Dec. 933.
Court in bank-A meeting of all the judges of a court, usually for the purpose of hearing arguments on demurrers, points reserved, motions for new trial, etc., as distinguished from sessions of the same court presided over by a single judge or justice.
Court of competent jurisdiction-One having power and authority of law at the time of acting
to do the particular act. Ex parte Plaistridge, 68 Okl. 256, 173 P. 646, 647.
One having jurisdiction under the state Constitution and laws to determine the question in controversy. Texas Employers' Ins. Ass'n v. Nunamaker, Tex.Civ.App., 267 S. W. 749, 751. A court for the administration of justice as established by the Constitution or statute. Bradley v.
Town of Bloomfield, 85 N.J.Law, 506, 89 A. 1009.
Court of limited jurisdiction-When a court of general jurisdiction proceeds under a special
statute, it is a "court of limited jurisdiction" for the purpose of that proceeding, and its jurisdiction must affirmatively appear. Osage Oil & Refining Co. v. Interstate Pipe Co., 124 Okl. 7, 253 P.
66, 71.
De facto court-One established, organized, and exercising its judicial functions under authority
of a statute apparently valid, though such statute may be in fact unconstitutional and may be afterwards so adjudged; or a court established and acting under the authority of a de facto government. 1 Bl. Judgm. § 173; In re Manning, 139 U.S. 504, 11 S.Ct. 624, 35 L.Ed. 264; Gildemeister V. Lindsay, 212 Mich, 299, 180 N.W. 633, 635.
Full court. A session of a court, which is attended by all the judges or justices composing it.
Spiritual courts. In English law. The ecclesiastical courts, or courts Christian. See 3 Bl.
Comm. 61.
COURT OF APPEALS: In American law. An appellate tribunal which, in Kentucky, Maryland,
the District of Columbia, and New York, is the court of last resort. In Virginia and West Virginia, it is known as the "supreme court of appeals"; in Connecticut, the Supreme Court of Errors; in Massachusetts and Maine, the Supreme Judicial Court. In other states the court of last resort is known as the Supreme Court.
In Texas the Courts of Civil Appeals are inferior to the supreme court. The United States is divided into eleven judicial circuits in each of which there is established a court of appeals known as the United States Court of Appeals for the circuit. 28 U.S.C.A. §§ 41, 43.
COURT OF CLAIMS: One of the courts of the United States, established in 1855. U. S. v. Klein,
13 Wall., U.S., 128, 144, 20 L.Ed. 519. It consists of a chief justice and four associates, and holds
one annual session. It is located at Washington. Its jurisdiction extends to all claims against the
United States arising out of any contract with the government or based on an act of congress or regulation of the executive, and all claims referred to it by either house of congress, as well as to claims for exoneration by a disbursing officer. Its judgments are, in certain cases, reviewable by the United States supreme court. It has no equity powers. Its decisions are reported and published.
This name is also given, in some of the states, either to a special court or to the ordinary county court sitting "as a court of claims," having the special duty of auditing and
ascertaining the claims against the county and expenses incurred by it, and providing for their payment by appropriations out of the county levy or annual tax. Merlweather v. Muhlenburg County Court, 120 U.S. 354, 7 S.Ct. 563, 30 L.Ed. 653.
COURT OF COUNTY COMMISSIONERS: In some states, a court of record in each county.
Thus, in Alabama, it is composed of the judge of probate, as principal judge, and four commissioners, who are elected at the times prescribed by law, and hold office for four years.
COURT OF EQUITY: A court which has jurisdiction in equity, which administers justice and
decides controversies in accordance with the rules, principles, and precedents of equity, and which follows the forms and procedure of chancery; as distinguished from a court having the jurisdiction, rules, principles, and practice of the common law. Thomas v. Phillips, 4 Smedes & M., Miss., 423.
COURT OF LAW: In a wide sense, any duly constituted tribunal administering the laws of the
state or nation; in a narrower sense, a court proceeding according to the course of the common law and governed by its rules and principles, as contrasted with a "court of equity."
COURT OF PROBATE: In English law. The name of a court established in 1857, under the
probate act of that year, (20 & 21 Viet, c. 77,) to be held in London, to which court was transferred the testamentary jurisdiction of the ecclesiastical courts. 2 Steph. Comm. 192. By the judicature acts, this court is merged in the high court of justice.
In American law. A court having jurisdiction over the probate of wills, the grant of administration, and the supervision of the management and settlement of the estates of decedents, including the collection of assets, the allowance of claims, and the distribution of the estate. In some states the probate courts also have jurisdiction of the estates of minors, including the appointment of guardians and the settlement of their accounts, and of the estates of lunatics, habitual drunkards, and spendthrifts. Pons v. Pons, 132 La. 370, 61 So. 406, 407. And in some states these courts possess a limited jurisdiction in civil, and criminal cases. They are also called in some jurisdictions "orphans' courts" and "surrogate's courts.
CUSTOMER: One who regularly or repeatedly makes purchases of, or has business dealings with, a tradesman or business house. Aiken Mills v. United States, D.C.S.C., 53 F.Supp. 524, 526; Arkwright Corporation v. United States, D.C.Mass., 53 F.Supp. 359, 361. Ordinarily, one who has had repeated business dealings with another. Lyons v. Otter Tail Power Co., 70 N.D. 681, 297 N.W. 691, 693; Gallopin v. Continental Casualty Co., 290 Ill. App. 8, 7 N.E.2d 771, 774. A buyer, purchaser, or patron. Nichols v. Ocean Accident & Guarantee Corporation, 70 Ga.App. 169, 27 S.E.2d 764, 766.
COLOR: An appearance, semblance, or simulacrum, as distinguished from that which is real. A prima facie or apparent right. Hence, a deceptive appearance; a plausible, assumed exterior, concealing a lack of reality; a disguise or pretext. Railroad Co. v. Allfree, 64 Iowa 500, 20 N.W.779; Broughton v. Haywood, 61 N.C. 383; Wilt v.Bueter, 186 Ind. 98, 111 N.E. 926, 929.
In pleading. Ground of action admitted to subsist in the opposite party by the pleading of one of the parties to an action, which is so set out as to be apparently valid, but which is in reality legally insufficient.
COLOR OF AUTHORITY: That semblance or presumption of authority sustaining the acts of a public officer which is derived from his apparent title to the office or from a writ or other process in his hands apparently valid and regular. State v.Oates, 86 Wis. 634, 57 N.W. 296, 39 Am.St.Rep. 912.
COLOR OF LAW: The appearance or semblance, without the substance, of legal right. State v.Brechler, 185 Wis. 599, 202 N.W. 144, 148.
COLOR OF OFFICE: An act unjustly done by the countenance of an office, being grounded upon corruption, to which the, office is as a shadow and color. Plow. 64. Day v. National Bond & Investment Co., Mo.App., 99 S.W.2d 117, 119.
IMPAIRING THE OBLIGATION OF CONTRACTS: A law which impairs the obligation of a contract is one which renders the contract in itself less valuable or less enforceable, whether by
changing its terms and stipulations, its legal qualities and conditions, or by regulating the remedy for its enforcement. City of Indianapolis v. Robison, 186 Ind. 660, 117 N.E. 861.
To "impair the obligation of a contract" within Const. U.S. art. 1, § 10, is to weaken it, lessen its value, or make it worse in any respect or in any degree, and any law which changes the intention and legal effect of the parties, giving to one a greater and to the other a less interest or benefit, or which imposes conditions not included in the contract or dispenses with the performance of those included, impairs the obligation of the contract. O'Connor
v. Hartford Accident & Indemnity Co., 97 Conn. 8, 115 A. 484, 486.
A statute "impairs the obligation of a contract" when by its terms it nullifies or materially changes existing contract obligations. Oil Fork Development Co. v. Huddleston, 202 Ky. 261, 259 S.W. 334, 335; McNee v. Wall, D.C.Fla., 4 F.Supp. 496, 498.
The word "impair" means, according to the standard writers in our language, simply "to diminish; to injure; to make worse," etc. It is remarkable that in framing the provision of the federal Constitution providing that no law should be passed, "impairing the obligation of any contract," the convention did not use the term "lessen" or "decrease" or "destroy," but one more comprehensive, which prohibited making worse in any respect a contract
legitimate in its creation. The object, then, of its provision, may have been to establish an important principle, and that was the entire inviolability of contracts. Blair v. Williams, 14 Ky. (4 Litt.) 34, 35; Lapsley v. Brashears, 14 Ky. (4 Litt.) 47, 69. See 2 Story, Const. §§ 1374-1399; 1 Kent, Comm. 413-422; Pom. Const. Law; Black, Const. Law (3d Ed.) p. 720 et seq.
IMPOSE: To levy or exact as by authority; to lay as a burden, tax, duty or charge. State v.
Nickerson, 97 Neb. 837, 151 N.W. 981, 982.
1. force (something unwelcome or unfamiliar) to be accepted or put in place.
"the decision was theirs and was not imposed on them by others"
2. take advantage of someone by demanding their attention or commitment.
similar words: Force, thrust, obtrude, trick, exploit, take liberties with, misuse, manipulate, inflict.
INALIENABLE: Not subject to alienation; the characteristic of those things which cannot be bought or sold or transferred from one person to another, such as rivers and public highways, and certain personal rights; e. g., liberty.
Basic Dictionary Definition of Inalienable: Noun (1) Rights that are not alienable. (2) Rights that are not transferable or capable of being taken away or nullified Origin 1635-1645 French inalienable. The Declaration of Independence gives us three examples of inalienable right, and they are Life, Liberty and the Pursuit of Happiness!
For instance, it may be that you are traveling on a public road and may get stopped by policy person or a policeman. Did that policeman really have the authority to pull you over. They went to the academy to uphold policies, statutes, codes and ordinances, most of them did not study law.
JUDICIAL NOTICE. The act by which a court,
in conducting a trial, or framing its decision, will,
of its own motion, and without the production of
evidence, recognize the existence and truth of
certain facts, having a bearing on the controversy
at bar, which, from their nature, are not properly
the subject of testimony, or which are universally regarded as established by common notoriety,
e. g., the laws of the state, international law, historical events, the constitution and course of nature, main geographical features, etc. North
Hempstead v. Gregory, 53 App.Div. 350, 65 N.Y.S.
867; State v. Main, 69 Conn. 123, 37 A. 80, 36 L.R.
A. 623, 61 Am.St.Rep. 30. The cognizance of certain facts which judges and jurors may properly
take and act upon without proof, because they already know them. United States v. Hammers, D.
C.Fla., 241 F. 542, 543.
The true conception of what is "judicially known" is
that of something which is not, or rather need not be,
unless the tribunal wishes it, the subject of either evidence
or argument. Chiulla de Luca v. Board of Park Com'rs of
City of Hartford, 94 Conn. 7, 107 A. 611, 612. The limits of
"judicial notice" cannot be prescribed with exactness, but
notoriety is, generally speaking, the ultimate test of facts
sought to be brought within the realm of judicial notice;
in general, it covers matters so notorious that a production
of evidence would be unnecessary, matters which the judicial function supposes the judge to be acquainted with
actually or theoretically, and matters not strictly included
under either of such heads. Gottstein v. Lister, 88 Wash.
462, 153 P. 595, 602, Ann.Cas.1917D, 1008.
JUDICIAL OATH. See Oath.
JUDICIAL OFFICE. Offices which relate to the
administration of justice; Waldo v. Wallace, 12
Ind. 569; and which should be exercised by persons of sufficient skill and experience in the duties
which appertain to them. A general term including courts of record and courts not of record.
Buckley v. Holmes, 259 Pa. 176, 102 A. 497, 500.
A. term used In 34 & 35 Vict. c. 91, to define qualifications
of additional members of the judicial committee of the
Privy Council.
JUDICIAL OFFICER. The term, in the popular
sense, applies generally to an officer of a court,
but in the strictly legal sense applies only to an
officer who determines causes between parties or
renders decision in a judicial capacity. Hitt v.
State, 182 Miss. 184, 181 So. 331; Alexander v.
Holmes, 180 Ga. 397, 179 S.E. 77, 78. One who exercises judicial function. Adams v. State, 214 Ind.
603, 17 N.E.2d 84, 118 A.L.R. 1095. A person in
whom is vested authority to decide causes or exercise powers appropriate to a court. Settle v. Van
Evrea, 49 N.Y. 284; People v. Wells, 2 Cal. 203;
Reid v. Hood, 2 Nott & McC., S.C., 170, 10 Am.
Dec. 582,
LICENSE: Certificate or the document itself which gives permission. Aldrich v. City of Syracuse, 236 N.Y.S. 614, 617, 134 Misc. 698. Permission or authority. Independent School Dist., Class A, No. 1, Cassia County v. Pfost, 51 Idaho 240, 4 P.2d 893, 897; Monsour v. City of Shreveport, 194 La. 625, 194 So. 569, 571; Platt v. Bender, La.App., 178 ,So. 678, 682.
Authority or liberty given to do or forbear any act. Monsour v. City of Shreveport, 194 La. 625, 194 So. 569, 571. Leave to do thing which licensor could prevent. Western Electric Co. v. Pacent Reproducer Corporation, C.C.A.N.Y., 42 F.2d 116, 118.
Permission by some competent authority to do some act which, without such permission, would be illegal. State ex rel. Zugravu v. O'Brien, 130 Ohio St. 23, 196 N.E. 664; Solberg v. Davenport, 211 Iowa, 612, 232 N.W. 477, 480; Standard Oil Co. (Indiana) v. State Board of Equalization, 110 Mont. 5, 99 P.2d 229, 234.
Permission to do a particular thing, to exercise a certain privilege or to carry on a particular business or to pursue a certain occupation. Blatz Brewing Co. v. Collins, Cal.App. 160 P.2d 37, 39, 40.
Permission to do something which Without the license would not be allowable. City of Shreveport v. Brister, 194 La. 615, 194 So. 566, 567. Great Atlantic & Pacific Tea Co. v. City of Lexington, 256 Ky. 595, 76 S.W.2d 894, 896. Privilege from state or sovereign. M. Itzkowitz & Sons v. Geraghty, 247 N.Y.S. 703, 704, 139 Misc. 163; Alabama Power Co. v. Federal Power Commission, 75 U.S.App.D.C. 315, 128 F.2d 280, 289. Revocable certificate of convenience and necessity. Ex parte Lockhart, 350 Mo. 1220, 171 S.W.2d 660, 666.
To "license" means to confer right or power which does not exist with• out it. Inter-City Coach Lines v. Harrison, 172 Ga. 390 157 S.E. 673, 676; S. S. Kresge Co. v. City of Bluefield, 117 W.Va. 17, 183 S.E. 601, 602
PROMISSORY ESTOPPEL: That which arises when there is a promise which promisor should
reasonably expect to induce action or forbearance of a definite and substantial character on part of promisee, and which does induce such action or forbearance, and such promise is binding if injustice can be avoided only by enforcement of promise. New Eureka Amusement Co. v. Rosinsky, 126 Pa.Super. 444, 191 A. 412, 415.
To constitute "waiver without consideration," there must be promise or permission, express or implied in fact, supported only by action in reliance thereon, to excuse performance in future of condition or obligation not due at time when promise is made, or to give up defense not yet arisen, and such facts do not constitute "estoppel" because there is no misrepresentation of existing facts, but it may be called "promissory estoppel." Colbath v. H. B. Stebbins Lumber Co., 127 Me. 406, 144 A. 1, 5.
PROMISSORY NOTE: A promise or engagement, in writing, to pay a specified sum at a time
therein limited, or on demand, or at sight, to a person therein named, or to his order, or bearer. Byles, Bills, 1, 4; Hall v. Farmer, 5 Denio, N.Y., 484. A written promise made by one or more to pay another, or order, or bearer, at a specified time, a specific amount of money, or other articles of value. Pryor v. American Trust & Banking Co., 15 Ga.App. 822, 84 S.E. 312, 314.
An unconditional written promise, signed by the maker, to pay absolutely and at all events a sum certain in money, either to the bearer or to a person therein designated or his order, Benj. Chalm. Bills & N. art. 271; Harrison v. Beals, 111 Or. 563, 222 P. 728, 730; at a time specified therein, or at a time which must certainly arrive. Iowa State Savings
Bank v. Wignall, 53 Okl. 641, 157 P. 725; Lanum v. Harrington, 267 Ill. 57, 107 N.E. 826, 828.
A written promise to pay a certain sum of money, at a future time, unconditionally. Brooks v. Owen, 112 Mo. 251, 19 S.W. 723, 20 S.W. 492. By the Uniform Negotiable Instruments Act, a negotiable promissory note is defined as an unconditional promise in writing made by one person to another signed by the maker engaging to pay on demand, or at a fixed or determinable future time, a sum certain in money to order or to bearer. Where a note is
drawn to the maker's own order, it is not complete until indorsed by him. Section 184.
PROMOTE: To contribute to growth, enlargement, or prosperity of; to forward; to further;
to encourage; to advance. People v. Augustine, 232 Mich. 29, 204 N.W. 747, 749.
Corporation Law
The persons who, for themselves or others, take the preliminary steps to the organization of a corporation. 1 Thompson on Corporations, § 81. McRee v. Quitman Oil Co., 16 Ga.App. 12, 84 S.E. 487; Alkire v. Acuff, 134 Okl. 43, 272 P. 405, 407. Those persons who first associate themselves together for the purpose of organizing the company, issuing its prospectus, procuring subscriptions to the stock, securing a charter, etc. See Dickerman v. Northern Trust Co., 20 S.Ct. 311, 176 U.S. 181, 44 L.Ed. 423.
Ecclesiastical Law
One who puts in motion an ecclesiastical tribunal, for the purpose of correcting the manners
of any person who has violated the laws ecclesiastical; and one who takes such a course is
said to "promote the office of the judge." See Mozley & Whiteley.
England
The term is also applied to persons or corporations at whose instance private bills are introduced into and passed through parliament, especially those who press forward bills for the taking of land for railways and other public purposes, who are then called promoters of the undertaking.
English Practice
Those persons who, in popular and penal actions, prosecute offenders in their own names and
that of the king, and are thereby entitled to part of the fines and penalties for their pains. Brown.
PURCHASE: Transmission of property from one person to another by voluntary act and agreement, founded on a valuable consideration. Spur Independent School Dist. v. W. A. Holt Co., Tex. Civ.App., 88 S.W.2d 1071, 1073. In a technical and broader meaning relative to land generally means, the acquisition of real estate by any means whatever except by descent. Kelly v. Southworth, 38 Wyo. 414, 267 P. 691, 692. Lindburg v. Bennett, 117 Neb. 66, 219 N.W. 851, 855. Oklahoma City v. Board of Education of Oklahoma City, 181 Ok!. 539, 75 P.2d 201.
Quasi purchase. In the civil law. A purchase of property not founded on the actual agreement
of the parties, but on conduct of the owner which is inconsistent with any other hypothesis than that he intended a sale.
Words of purchase. Words which denote the person who is to take the estate. Thus, if I grant
land to A. for twenty-one years, and after the determination of that term to A.'s heirs, the word
"heirs" does not denote the duration of A.'s estate, but the person who is to take the remainder on the expiration of the term, and is therefore called a "word of purchase." Williams, Real Prop.; Fearne, Rem. 76, et seq.
PURCHASE MONEY: The consideration in money paid or agreed to be paid by the buyer to the
seller of property, particularly of land. It means money stipulated to be paid by a purchaser to his vendor, and does not include money the purchaser may have borrowed to complete his purchase.
Purchase money, as between vendor and vendee only, is contemplated; as between purchaser and lender, the money is "borrowed money." Williams v. American Slicing Mach. Co., 148 Ga. 770, 98 S. E. 270, 271. As used with reference to part performance under statute of frauds comprehends consideration, whether it be money or property or services, for which lands are to be conveyed. Hall v. Haer, 160 Okl. 118, 16 P.2d 83, 84.
SECURE: To give security; to assure of payment, performance, or indemnity; to guaranty
or make certain the payment of a debt or discharge of an obligation. Ex parte Reynolds, 52
Ark. 330, 12 S.W. 570.
One "secures" his creditor by giving him a lien, mortgage, pledge, or other security, to be used in case the debtor fails to make payment. Also, not exposed to danger; safe; so strong, stable or firm as to insure safety. Wenzel & Henoch Const. Co. v. Industrial Commission, 202 Wis.
595, 233 N.W. 777, 779
SECURED CREDITOR: A creditor who holds some special pecuniary assurance of payment of
his debt, such as a mortgage or lien. In re New York Title and Mortgage Co., 160 Misc. 67, 289
N.Y.S. 771, 785, 160 Misc. 67.
SECURITIES: Evidences of debts or of property. State v. Allen, 216 N.C. 621, 5 S.E.2d 844, 80, 847.
Evidences of obligations to pay money or of rights to participate in earnings and distribution of corporate, trust, and other property. Oklahoma-Texas Trust v. Securities and Exchange Commission, C.C.A.10, 100 F.2d 888, 890.
SECURITY: Protection; assurance; indemnification. The term is usually applied to an obligation,
pledge, mortgage, deposit, lien, etc., given by a debtor in order to make sure the payment or performance of his debt, by furnishing the creditor with a resource to be used in case of failure in the principal obligation. The name is also sometimes given to one who becomes surety or guarantor for another. Bissinger & Co. v.
