| slovo | definícia |
chattels
(encz) | chattels,movitost [eko.] RNDr. Pavel Piskač |
CHATTELS
(bouvier) | CHATTELS, property. A term which includes all hinds of property, except the
freehold or things which are parcel of it. It is a more extensive term than
goods or effects. Debtors taken in execution, captives, apprentices, are
accounted chattels. Godol. Orph. Leg. part 3, chap. 6, Sec. 1.
2. Chattels are personal or real. Personal, are such as belong
immediately to the person of a man; chattels real, are such as either
appertain not immediately to the person, but to something by way of
dependency, as a box with the title deeds of lands; or such as are issuing
out of some real estate, as a lease of lands, or term of years, which pass
like personally to the executor of the owner. Co. Litt. 118; 1 Chit. Pr. 90;
8 Vin. Ab. 296; 11 Vin. Ab. 166; 14 Vin. Ab. 109; Bac. Ab. Baron, &c. C 2; 2
Kent, Com. 278; Dane's Ab. Index, h.t.; Com. Dig. Biens, A; Bouv. Inst.
Index, h.t. CHEAT, criminal law, torts. A cheat is a deceitful practice, of
a public nature, in defrauding another of a known right, by some artful
device, contrary to the plain rules of common honesty. 1 Hawk. 343.
2. To constitute a cheat, the offence must be, 1st. of a public nature
for every species of fraud and dishonesty in transactions between
individuals is not the subject-matter of a criminal charge at common law; it
must be such as is calculated to defraud numbers, and to deceive the people
in general. 2 East, P. C. 816; 7 John. R. 201; 14 John. R. 371; 1 Greenl. R.
387; 6. Mass. R. 72; 9 Cowen, R. 588; 9 Wend. R. 187; 1 Yerg. R. 76; 1 Mass.
137. 2. The cheating must be done by false weights, false measures, false
tokens, or the like, calculated to deceive numbers. 2 Burr, 1125; 1 W. Bl.
R. 273; Holt, R. 354.
3. That the object of the defendant in defrauding the prosecutor was
successful. If unsuccessful, it is a mere attempt. (q.v.) 2 Mass. 139. When
two or more enter into an agreement to cheat, the offence is a conspiracy.
(q.v.) To call a man a cheat is slanderous. Hetl. 167; 1 Roll's Ab. 53; 2
Lev. 62. Vide Illiterate; Token.
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| | podobné slovo | definícia |
chattels
(encz) | chattels,movitost [eko.] RNDr. Pavel Piskač |
Chattels real
(gcide) | Real \Re"al\ (r[=e]"al), a. [LL. realis, fr. L. res, rei, a
thing: cf. F. r['e]el. Cf. Rebus.]
1. Actually being or existing; not fictitious or imaginary;
as, a description of real life.
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Whereat I waked, and found
Before mine eyes all real, as the dream
Had lively shadowed. --Milton.
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2. True; genuine; not artificial, counterfeit, or factitious;
often opposed to ostensible; as, the real reason; real
Madeira wine; real ginger.
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Whose perfection far excelled
Hers in all real dignity. --Milton.
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3. Relating to things, not to persons. [Obs.]
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Many are perfect in men's humors that are not
greatly capable of the real part of business.
--Bacon.
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4. (Alg.) Having an assignable arithmetical or numerical
value or meaning; not imaginary.
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5. (Law) Pertaining to things fixed, permanent, or immovable,
as to lands and tenements; as, real property, in
distinction from personal or movable property.
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Chattels real (Law), such chattels as are annexed to, or
savor of, the realty, as terms for years of land. See
Chattel.
Real action (Law), an action for the recovery of real
property.
Real assets (Law), lands or real estate in the hands of the
heir, chargeable with the debts of the ancestor.
Real composition (Eccl. Law), an agreement made between the
owner of lands and the parson or vicar, with consent of
the ordinary, that such lands shall be discharged from
payment of tithes, in consequence of other land or
recompense given to the parson in lieu and satisfaction
thereof. --Blackstone.
Real estate or Real property, lands, tenements, and
hereditaments; freehold interests in landed property;
property in houses and land. --Kent. --Burrill.
Real presence (R. C. Ch.), the actual presence of the body
and blood of Christ in the eucharist, or the conversion of
the substance of the bread and wine into the real body and
blood of Christ; transubstantiation. In other churches
there is a belief in a form of real presence, not however
in the sense of transubstantiation.
Real servitude, called also Predial servitude (Civil
Law), a burden imposed upon one estate in favor of another
estate of another proprietor. --Erskine. --Bouvier.
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Syn: Actual; true; genuine; authentic.
Usage: Real, Actual. Real represents a thing to be a
substantive existence; as, a real, not imaginary,
occurrence. Actual refers to it as acted or performed;
and, hence, when we wish to prove a thing real, we
often say, "It actually exists," "It has actually been
done." Thus its reality is shown by its actuality.
Actual, from this reference to being acted, has
recently received a new signification, namely,
present; as, the actual posture of affairs; since what
is now in action, or going on, has, of course, a
present existence. An actual fact; a real sentiment.
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For he that but conceives a crime in thought,
Contracts the danger of an actual fault.
--Dryden.
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Our simple ideas are all real; all agree to the
reality of things. --Locke.
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To levy on goods and chattels
(gcide) | Levy \Lev"y\, v. i.
To seize property, real or personal, or subject it to the
operation of an execution; to make a levy; as, to levy on
property; the usual mode of levying, in England, is by
seizing the goods.
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To levy on goods and chattels, to take into custody or
seize specific property in satisfaction of a writ.
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