In Hindu law. The head of a village or district; also a military chieftain In the peninsula, answering to a hill zemindar in the northern drears. Wharton.
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An old writ directed to the sheriff, commanding him to charge one or more to repair a bridge.
1. In old English law, this title was given to an oflicer of the courts who carried a rod or stall before the justices. 2. A person who keeps a gate or door; as the door-keeper of the houses of parliament. 3. One who carries or conveys parcels, luggage, etc., particularly from one place to another in the same town.
Lat. The power or force of the county. The entire population of a county above the age of fifteen, which a sheriff may summon to his assistance in cer- tain cases; as to aid him in keeping the peace, in pursuing and arresting felons, etc. 1 Bl. Comm. 343. See Com. v. Martin, 7 Pa. Dist. R. 224.
In English law. The name of a writ which lies for him who, having recovered lands and tenements by force of a novel disseisin, is again disseised by a former disseisor. Jacob
After term, or post- term. The return of a writ not only after the day assigned for its return, but after the term also, for which a fee was due. Cowell.
n French law. A sum of money frequently paid, at the moment of* euteriug iuto a contract, beyond the price agreed upou. It differs from air Ita, iu this: that it is uo part of the price of the thiug sold, and that the person who has received it cannot, by returning double the amount, or the other party by losing what he has paid, rescind the contract. 18 Toullier, no. 52.
A term occasionally used as the equivalent of “exemplary” or “punitive” damages. Murphv v. Hobbs. 7 Colo. 541, 5 Pac. 119, 49 Am. Rep. 300
Damages which are expected to follow from the act or state of facts made the basis of a plaintiff’s suit; damages which have not yet accrued, at the time of the trial, but which, in the nature of things, must necessarily, or most probably, result from the acts or facts complained of.
A debt upon which, by agreement between the debtor and creditor, no interest is payable, as
distinguished from active debt; i. c., a debt upon which interest is payable. In this
sense, the terms “active” and “passive” are applied to certain debts due from the
Spanish government to Great Britain. Wharton. In another sense of the words, a debt is
“active” or “passive” according as the person of the creditor or debtor is regarded ; a
passive debt being that which a man owes; an active debt that which is owing to him.
In this meaning every debt is both active and passive,
That which is due or owing by the government of a state or nation. The terms “public debt” and “public securities,” used
in legislation, are terms generally applied to national or state obligations and dues, and
would rarely, if ever, be construed to include town debts or obligations; nor would the
term “public revenue” ordinarily be applied to funds arising from town taxes. Morgan v.
Cree, 46 Vt. 773, 14 Am. Rep. 640.
In Scotch law. A debt due now and unconditionally is so called. It is thus distinguished from a future debt,
The office of a curate in a parish where there is no spiritual rector or vicar, but where a clerk (curate) is appointed to officiate there by the impropriator. 2 Burn. Ecc. Law, 55. The church or benefice tilled by a curate under these circumstances is also so called.
Proximate damages are the immediate and direct damages and natural results of the act complained of, and such as are usual and might have been expected. Remote damages are those attributable immediately to an intervening cause, though it forms a link in an unbroken chain of causation, so that the remote damage would not have occurred if its elements had not been set in motion by the original act or event. Henry v. Railroad Co., 50 Cal. 183; Kuhn v. Jewett, 32 N. J. Eq. 649; Pielke v. Railroad Co.. 5 Dak. 444, 41 N. W. 669. The terms “remote damages” and “consequential damages” are not synonymous nor to be used interchangeably; all remote damage is consequential, but it is by no means true that all consequential damage is remote. Eaton v. Railroad Co., 51 N. II. 511, 12 Am. Rep. 147.
Such as can be estimated in and compensated by money; not merely the loss of money or salable property or rights, but all such loss, deprivation, or injury as can be made the subject of calculation and of recompense in money. Walker v. McNeill. 17 Wash. 582, 50 Pac. 518; Searle v. Railroad Co.. 32 W. Va. 370. 9 S. E. 248; Mclntyre v. Railroad Co., 37 N. Y. 205; Davidson Benedict Co. v. Severson. 100 Tenn.. 572, 72 S. W. 967
TLD Example: The pain and suffering experienced by the victim of an accident cannot be calculated and quantified as easily as medical expenses, lost wages and other pecuniary damages.
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