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Letters Of Horning
Letters of horning ''(Scots law)'': a document (i.e., letters) issued by civil authorities that publicly denounce a person as an outlaw. The document was issued against persons who had not paid their debts. Historically, the documents would be announced by three blasts of a horn, and the documents themselves came to be known as "letters of horning". A person who was denounced in these documents was described as having been "put to the horn". History Originally in Scotland, imprisonment for debt was enforceable only in certain cases, but a custom gradually grew up of taking the debtor's oath to pay. If the debtor broke his oath, he became liable to the discipline of the Church. The civil power could step in to aid the ecclesiastical, denouncing the debtor as an outlaw, imprisoning his person and confiscating his goods. The method of declaring a person an outlaw was by giving three blasts on a horn and publicly proclaiming the fact; hence the expression "put to the horn". The subs ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Outlaw
An outlaw, in its original and legal meaning, is a person declared as outside the protection of the law. In pre-modern societies, all legal protection was withdrawn from the criminal, so anyone was legally empowered to persecute or kill them. Outlawry was thus one of the harshest penalties in the legal system. In Germanic law, early Germanic law, the death penalty is conspicuously absent, and outlawing is the most extreme punishment, presumably amounting to a death sentence in practice. The concept is known from Roman law, as the status of ''homo sacer'', and persisted throughout the Middle Ages. A secondary meaning of outlaw is a person systematically avoiding capture by evasion and violence. These meanings are related and overlapping but not necessarily identical. A fugitive who is declared outside protection of law in one jurisdiction but who receives asylum and lives openly and obedient to local laws in another jurisdiction is an outlaw in the first meaning but not the seco ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Messenger-at-arms
A messenger-at-arms is an officer of the Scotland, Scottish Court of Session, responsible for serving documents and enforcing court orders throughout Scotland. Messengers-at-arms must have a commission as a sheriff officer although, unlike sheriff officers, the jurisdiction of a messenger-at-arms is not limited to the area for which they have a commission. Both messengers-at-arms and sheriff officers are employed by private businesses and charge fees that are set by Act of Sederunt. Originally known as an "Officer of the King", the office of messenger-at-arms dates back several hundred years. Messengers-at-arms have been under the control of the Lord Lyon King of Arms since at least 1510, and are still appointed by Lord Lyon, although now on the recommendation of the Court of Session, to execute summonses and letters of diligence connected with the Court of Session and High Court of Justiciary. Section 60 of the Bankruptcy and Diligence etc. (Scotland) Act 2007 would have abol ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Debtors (Scotland) Act 1838
The Debtors (Scotland) Act 1838 ( 1 & 2 Vict. c. 114), sometimes the Personal Diligence Act, was an act of Parliament in the United Kingdom, signed into law on 16 August 1838. It amended the law of Scotland in matters relating to personal diligence – how the person or property of a debtor could be secured – arrestments and poinding In Scots law, poinding () is that Diligence (Scots law), diligence whereby a debtor's property is carried directly to a creditor. This type of diligence has now been abolished after the enactment of the Abolition of Poindings and Warrant Sales Act ...s (pronounced ''pindings''). The effect was to simplify the form of proceedings and reduce their expense. References *''The British almanac of the Society for the Diffusion of Useful Knowledge, for the year 1839''. The Society for the Diffusion of Useful Knowledge, London, 1839. External links * * 1838 in Scotland Acts of the Parliament of the United Kingdom concerning Scotland United King ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
1 & 2 Vict
1 (one, unit, unity) is a number, numeral, and glyph. It is the first and smallest positive integer of the infinite sequence of natural numbers. This fundamental property has led to its unique uses in other fields, ranging from science to sports, where it commonly denotes the first, leading, or top thing in a group. 1 is the unit of counting or measurement, a determiner for singular nouns, and a gender-neutral pronoun. Historically, the representation of 1 evolved from ancient Sumerian and Babylonian symbols to the modern Arabic numeral. In mathematics, 1 is the multiplicative identity, meaning that any number multiplied by 1 equals the same number. 1 is by convention not considered a prime number. In digital technology, 1 represents the "on" state in binary code, the foundation of computing. Philosophically, 1 symbolizes the ultimate reality or source of existence in various traditions. In mathematics The number 1 is the first natural number after 0. Each natural number, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Diligence (Scots Law)
Diligence is a term in Scots law with no single definition but is commonly used to describe debt collection and debt recovery proceedings against a debtor by a creditor in Courts of Scotland, Scottish courts. The law of diligence is part of the law of Court action, actions in Scots law, Scots private law. Accordingly, it is within the devolved competence of the Scottish Parliament. Diligence is usually executed by Sheriff officer, Sheriff court officers but may also be carried out by Messenger-at-arms, messengers-at-arms. There are many forms of diligence, largely involving creditors and debtors. The newest form of diligence, ''land attachment'', will be introduced into Scots law when Part 4 of the Bankruptcy and Diligence (Scotland) Act 2007 is brought into force. Definition Diligence has no single definition in Scots law, but it is recognised that there were at least four broad forms of 'diligence' proceedings.Scottish Law Commission, ''Report on Diligence and Debtor Protect ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Writ Of Execution
A writ of execution (also known as an execution) is a court order granted to put in force a judgment of possession obtained by a plaintiff from a court. When issuing a writ of execution, a court typically will order a sheriff or other similar official to take possession of property owned by a judgment debtor. Such property will often then be sold in a sheriff's sale and the proceeds remunerated to the plaintiff in partial or full satisfaction of the judgment. It is generally considered preferable for the sheriff simply to take possession of money from the defendant's bank account. If the judgment debtor owns real property, the judgment creditor can record the execution to "freeze" the title until the execution is satisfied. Generally, execution is unnecessary for defendants who pay verdicts against themselves voluntarily. However, some defendants ignore judgments against them, and thereby force plaintiffs to employ writs of execution to actually enforce judgments. In the United ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Poinding
In Scots law, poinding () is that Diligence (Scots law), diligence whereby a debtor's property is carried directly to a creditor. This type of diligence has now been abolished after the enactment of the Abolition of Poindings and Warrant Sales Act 2001. There were two types of poinding: *''Personal'' - The taking of movable property (e.g., wagons, livestock; but not property such as a house because it is not movable) belonging to the debtor. Plough cattle and tillage instruments cannot be included in times of labour or tilling, unless the debtor has no other movable property to satisfy the debt. ''Personal poinding'' is founded merely on an obligation to pay, all else aside. A relatively low level of Diligence (Scots law), diligence is sufficient to accomplish this (such as letters of horning, or a warrant granted by a sheriff or commissary). *''Real'' - The confiscation of non-movable property (such as land) and the movable property found on it. Every ''debitum fundi'' (a debt usi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Debtors (Scotland) Act 1987
A debtor or debitor is a legal entity (legal person) that owes a debt to another entity. The entity may be an individual, a firm, a government, a company or other legal person. The counterparty is called a creditor. When the counterpart of this debt arrangement is a bank, the debtor is more often referred to as a borrower. If X borrowed money from their bank, X is the debtor and the bank is the creditor. If X puts money in the bank, X is the creditor and the bank is the debtor. It is not a crime to fail to pay a debt. Except in certain bankruptcy situations, debtors can choose to pay debts in any priority they choose. But if one fails to pay a debt, they have broken a contract or agreement between them and a creditor. Generally, most oral and written agreements for the repayment of consumer debt – debts for personal, family or household purposes secured primarily by a person's residence – are enforceable. For the most part, debts that are business-related must be made in w ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Registers Of Scotland
Registers of Scotland (RoS) () is the non-ministerial department of the Scottish Government responsible for compiling and maintaining records relating to property and other legal documents. They currently maintain 21 public registers. The official responsible with maintaining the Registers of Scotland is the Keeper of the Registers of Scotland (known simply as the Keeper). Ex officio, the Keeper of the Registers of Scotland is also the Deputy Keeper of the Great Seal of Scotland. The Keeper of the Registers of Scotland should not be confused with the Keeper of the Records of Scotland. History of public records and registration The first official tasked with the care and administration of the public registers was first recorded in the role of ''Clericus Rotulorum'' (Clerk of the Rolls) in the Kingdom of Scotland in 1286. Registers, rolls and records were kept in Edinburgh Castle from about the 13th century. The role of the Clerk of the Rolls eventually became known as the Lo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Scots Law Legal Terminology
Scots may refer to: People and cultures * Scots language * Scottish people * Scoti, a Latin name for the Gaels Other uses * SCOTS, abbreviation for Royal Regiment of Scotland * Scottish Corpus of Texts and Speech (SCOTS), a linguistic resource * Southern Culture on the Skids (SCOTS), an American rock band * Scot's Lo-Cost, a grocery store owned by Weis Markets See also * Scotch (other) * Scots Church (other) * Scots College (other) * Scott's (other) * Scottish (other) * Scotts (other) * Pound Scots, historical currency * Scots pine ''Pinus sylvestris'', the Scots pine (UK), Scotch pine (US), Baltic pine, or European red pine is a species of tree in the pine family Pinaceae that is native to Eurasia. It can readily be identified by its combination of fairly short, blue-gr ..., a species of tree {{disambig Language and nationality disambiguation pages ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
