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Second deliverance
Second deliverancePractice. The name of a writ given by statute of Westminster the second, founded on the record of a former action of replevin.It commands the sheriff, if the plaintiff make him secure of prosecuting his claim, and returning the chattels which were adjudged to the defendant by reason of the plaintiff's default, to make deliver-ance. On being nonsuited, the plaintiff in replevin might, at common law, have brought another replevin, and so in infinitum, to the intolerable vexation of the defendant. RELATED TERMS-------------------------------------- Practice The form, manner and order of conducting and carrying on suits or prosecutions in the courts through their various stages, according, to the principles of law, and the rules laid down by the respective courts. Name One or more words used to distinguish a particular individual, as Socrates, Benjamin Franklin. Writ An official court document, signed by a judge or bearing an official court seal, which commands the person to whom it is addressed, to do something specific. That "person" is typically either a sheriff (who may be instructed to seize property, for example) or a defendant (for whom the writ is the first notice of formal legal action. In these cases, the writ would command the person to answer the charges laid out in the suit, or else judgment may be made against them in their absence). Statute The written will of the legislature, solemnly expressed according to the forms prescribed in the constitution; an act of the legislature. Second A measure equal to one sixtieth part of a minute. Record 1) Evidence. A written memorial made by a public officer authorized by law to perform that function, and intended to serve as evidence of something written, said, or done. 2) To record. The act of making a record. Action 1) French commercial. Stock in a company, shares in a corporation. 2)Civil law. An action instituted to avoid a sale onaccount of some Vice or defect in the thing sold which readers it either absolutely useless, or its use so inconvenient and, imperfect, that it must be, supposed the buyer would not have purchased it, had he known of the vice. Sheriff The name of the chief officer of the county. In Latin he is called vice comes, because in England he represented the comes or earl. His name is said to be derived from the Saxon seyre, shire or county, and reve, keeper, bailiff, or guardian. Plaintiff The party who begins an action; the party who complains or sues in an action and is named as such in the court's records. Also called a petitioner. Claim A demand for resolution or remedy of a grievance, or for something that is rightly the claimant's. Example: A demand for payment to recover a loss protected by an insurance policy. A demand in a court of law filed by a claimant on any juridical issue he / she considers. Were The name of a fine among the Saxons imposed upon a murderer Defendant A party who is sued in a personal action. Reason By reason is usually understood that power by which we distinguish truth from falsehood, and right from wrong; and by which we are enabled to combine means for the attainment of particular ends Default "1) The neglect to perform a legal obligation or duty; but in technical language by default is often understood the non-appearance of the defendant within the time prescribed by law, to defend himself; it also signifies the non-appearance of the plaintiff to prosecute his claim. 2) Contracts, torts. It is enacted that ""no action shall be brought to charge the defendant upon any special promise to answer for the debt, default, or miscarriage of another person, unless the agreement"", ""shall be in writing,"" By default under this statute is understood the non-performance of duty, though the same be not founded on a contract. Replevin Remedies. The name of an action for the recovery of goods and chattels. Common marriage law. a marriage in which no formal ceremony took place and no license exists. Law A rule or body of rules of conduct inherent in human nature and essential to or binding upon human society. The learned profession that is mastered by graduate study in a law school and that is responsible for the judicial system. Vexation The injury or damage which, is suffered in consequence of the tricks of another. SIMILAR TERMS-------------------------------------- Second A measure equal to one sixtieth part of a minute. Second mortgage A second mortgage is another loan secured by the property much like a first mortgage. It is a loan which is subordinate to the first mortgage. Second surcharge, writ of The name of a writ issued in England against a commoner who has a second time surcharged the common. Secondary 1) Construction. That which comes after the first, which is primary: as, the primary law of, nations the secondary law of nations. 2) English law. An officer who is second or next to the chief officer; as secondaries to the prothonotaries of the courts of king's bench, or common pleas; secondary of the remembrancer in the exchequer. Secondary authority Legal encyclopedias, treatises, legal texts, law review articles, and citators. Writings which set forth the opinion of the writer as to the law. Secondary evidence That species of proof which is admissible on the loss of primary evidence, and which becomes, by that event, the best evidence. Seconds Criminal law. Those persons who assist, direct and support others engaged in fighting a duel. PREVIOUS AND NEXT TERMS-------------------------------------- Search, right of Maritime law. The right existing in a belligerent to examine and inspect the papers of a neutral vessel at sea. On the continent of Europe, this is called the right of visit. Searcher English law. An officer of the customs, whose duty it is to examine and search all ships outward bound, to ascertain whether they have any prohibited or uncustomed goods on board. Seaworthiness A basic theme in maritime law, referring to the obligation of shipowners and carriers (supra) to provide a vessel and crew fit to confront the perils of the sea. In the carriage of goods by sea, under art. 3(1) of the Hague and Hague/Visby Rules (supra), the carrier must exercise "due diligence" before and at the beginning of the voyage " (a) to make the ship seaworthy; (b) to properly man, equip and supply the ship; and (c) to make the holds, refrigerating and cool chambers, and all other parts of the ship in which goods are carried, fit and safe for their reception, carriage and preservation". Although less demanding than the absolute duty of seaworthiness of the former common law, which applied at all times and at all stages of the voyage, the due diligence obligation has been held to be an overriding obligation on the carrier. Seck 1) It means a warrant of remedy by distress. 2) It imports want of present fruit or profit, as in the case of the reversion without rent or other service, except fealty. Second A measure equal to one sixtieth part of a minute. Second deliverance Second surcharge, writ of The name of a writ issued in England against a commoner who has a second time surcharged the common. Secondary 1) Construction. That which comes after the first, which is primary: as, the primary law of, nations the secondary law of nations. 2) English law. An officer who is second or next to the chief officer; as secondaries to the prothonotaries of the courts of king's bench, or common pleas; secondary of the remembrancer in the exchequer. Secondary authority Legal encyclopedias, treatises, legal texts, law review articles, and citators. Writings which set forth the opinion of the writer as to the law. Secondary evidence That species of proof which is admissible on the loss of primary evidence, and which becomes, by that event, the best evidence. Seconds Criminal law. Those persons who assist, direct and support others engaged in fighting a duel. We thank you for using the Juridical Dictionary to search for Second deliverance. 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