DEPOSIT, contract. A bond or deposit is an act by which the debtor obliges himself, his heirs, executors and administrators to pay a certain sum of money to another on a given day. But see 2 Shepl. 185. If that is all, the link is called a single simplex obligation; However, a condition is usually added that, if the debtor pays a lower amount or fails or refrains from a particular action, the obligation is null and void. 2 Bl. Com. 840. The word ex vi termini liaison refers to a sealed instrument. 2 pp. and R.
502; 1 bald head. No. 129; 2 Porter, r. 19; 1 Black. No. 241; Harp. R. 434; 6 verm. No.
40. See condition; interest on money; Punishment. It is proposed to consider the following: 1. The form of a loan, that is, the words with which it may be made and the ceremonies required. 2. The condition. 3. Enforcement or discharge. 2.- I. 1.
There must be parties to an obligation, a debtor and a creditor: where security has been concluded on condition that the debtor pays twenty pounds to that person or persons; Since E.H. was to name and name the same thing in his will and E.H. had not named a person to whom the same thing was to be paid, it was decided that the money should not be paid to E.H. Hob`s executors. 9. No particular form of words is necessary to establish an obligation, but all words that explain the intention of the parties and indicate that one is related to the other will suffice, provided that the ceremonies mentioned below have been observed. Shep. Touch. 367-8; Ferry. Abr.
commitments, B; Com. Dig. Commitments, B 1. 3. – 2. It must be written, on paper or parchment, and if it is made on other materials, it is null and void. Ferry. Abr. Undertakings, s. 4. – 3. It must be sealed, although it does not have to be mentioned in writing that it is sealed.
What is sufficient sealing, see the case above and the word seal. 5. – 4. It must be given to the other by the party to whom it is linked. Ferry. Abr. Commitments, C. However, delivery and acceptance can be done by a lawyer. The date is not considered as the content of an act, and therefore an obligation that has no date or an impossible date is always valid, provided that the actual date of its date or given, i.e.
service, can be proved. 2 Bl. Com. 304; Com. Dig. Done, B 3; 3 calls, 309. See date. 6. – II. The condition is either for the payment of money or for the execution of something else. In the latter case, if the condition violates a rule of law which, at the time of its conclusion, is only right, practically impossible, uncertain or insensitive, only the condition is void and the binding character remains uniform and unconditional; for it is the folly of the debtor to contract such an obligation, from which he can never be released.
If it is a malum in itself, the obligation itself is null and void, since the entire contract is illegal. 2 Bl. Com. 340; Ferry. Abr. Conditions, K, L; Com. Dig. Conditions, D 1, D 2, D 3, D 7, D 8. 7.
– III. (1) If the act to be performed by the creditor is temporary by virtue of an obligation, such as the payment of a sum of money, the surrender of charters or the like, and is not limited in time, it must be performed in good time. 6 Co. 31 Co. Lit. 208; Roles. Abr. 436. 8.
– 2. A payment before the big day is good; Co. Lit. 212, a; or before action has been taken. 10 Mass 419; 11 Mass 217. 9. – 3. If the condition is to do something within a certain time frame, it can be done on the last day of the agreed time. Ferry. Abr. Conditions, p. 3.
10. – 4. If the condition is to do an action without time limit, the one who has the advantage can do it at any time. Com. Dig. Terms of use, G 3, 11 – 5 If the place where the act to be performed is agreed, the party who is to perform it is not obliged to look for the other party in another place; The person to whom it is to be provided is also not obliged to accept the service at another location. Roles. 445, 446 com. conditions, G 9 bac. Abr. Conditions, p. 4.
See Performance. 12. – 6. For non-compliance with a condition of an obligation, see LAC. Abr. conditions, 0; Com. Dig. Conditions, M; and this dict.
chickadee. Gap. An appeal guarantee is given by someone who appeals a lawsuit and promises that they can pay the costs of the appeal. An accused gives a false guarantee in criminal proceedings to ensure that the accused will appear in court when summoned; While this is similar to bail, it differs in that the defendant is not usually sent to jail for the legal issues at stake. For example, generally, a defendant in a criminal case will give a surety, and defendants in civil suits will give a false surety. A bail is an agreement by a criminal accused to appear in court or pay a sum of money determined by the court. The deposit is co-signed by a guarantor, who charges the defendant a fee in exchange for guaranteeing payment. Our editors will review what you have submitted and decide if the article needs to be revised. The bail system has become part of the broader debate about mass incarceration, particularly of young African-American men, in the United States.