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Suretyship
SuretyshipContracts. An accessory agreement by which a person binds himself for another already bound, either in whole or in part, as for his debt, default or miscarriage. RELATED TERMS-------------------------------------- Accessory Property. Everything which is joined to another thing, as an ornament, or to render it more perfect, is an accessory, and belongs to the principal thing. Agreement A verbal or written resolution of disputes. Person This word is applied to men, women and children, who are called natural persons. Debt Whatever one owes. A sum of money due by certain and express agreement. 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. Miscarriage 1) Medical jurisprudence. By this word is technically understood the expul- sion of the ovum or embryo from the uterus within the first six weeks after conception; between that time and before the expiration of the sixth month, when the child may possibly live, it is termed abortion. When the delivery takes place soon after the sixth month, it is denominated premature labor. But the criminal act of destroying the foetus at any time before birth, is termed in law, procuring miscarriage. SIMILAR TERMS-------------------------------------- Surety Contracts. A person who binds himself for the payment of a sum of money or for the performance of something else, for another, who is already bound for the same. A surety differs from a guarantor, and the latter cannot be sued until after a suit against the principal. Surety bond A bond purchased at the expense of the estate to insure the executor's proper performance. Also referred to as "fidelity bond." Surety of the peace Criminal lawA security entered into before. Some competent court or officer, by a party accused, together with some other person, in the form of recognizance to the commonwealth in a certain sum of money, with, a condition that the accused shall keep the peace towards all the citizens of the commonwealth. A security for good behaviour is a similar recognizance with a condition that the accused shall be of good behaviour. PREVIOUS AND NEXT TERMS-------------------------------------- Sur cui ante divortium The name of a writ issued in favor of the heir of the wife, where the hushand alienated the wife's lands, during the coverture, and afterwards they were divorced and she died, to recover the lands from the alienee. Surcharge Chancery practice. When a bill is filed to open an account, stated, liberty is sometimes given to the plaintiff to surcharge and falsify such account. That is, to examine not only errors of fact, but errors of law. Surety Contracts. A person who binds himself for the payment of a sum of money or for the performance of something else, for another, who is already bound for the same. A surety differs from a guarantor, and the latter cannot be sued until after a suit against the principal. Surety bond A bond purchased at the expense of the estate to insure the executor's proper performance. Also referred to as "fidelity bond." Surety of the peace Criminal lawA security entered into before. Some competent court or officer, by a party accused, together with some other person, in the form of recognizance to the commonwealth in a certain sum of money, with, a condition that the accused shall keep the peace towards all the citizens of the commonwealth. A security for good behaviour is a similar recognizance with a condition that the accused shall be of good behaviour. Suretyship Surgery med. jur. That part of the healing art which relates to external diseases; their treatment; and, specially, to the manual operations adopted for their cure. Surname A name which is added to the christian name, and which, in modern times, have become family names. Surplus That which is left from a fund which has been appropriated for a particular purpose; the remainder of a thing; the overplus the residue. Surplusage Pleading. A superfluous and useless statement of matter wholly foreign and impertinent to the cause. 2) Accounts. A greater dishursement than the charges of the accountant amount to. Surprise This term is frequently used in courts of equity and by writers on equity jurisprudence. It signifies the act by which a party who is entering into a contract is taken unawares, by which sudden confusion or perplexity is created, which renders it proper that a court of equity should relieve the party so surprised. We thank you for using the Juridical Dictionary to search for Suretyship. If you have a better definition for Suretyship than the one presented here, please let us know by making use of the suggest a term option. This definition of Suretyship may be disputed by other professionals. Our attempt is to provide easy definitions on Suretyship and any other medical topic for the public at large.
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