| 释义 |
▪ I. detainer1|dɪˈteɪnə(r)|
Also 6 deteiner, -our, deteynour, 7 detayner.
[f. detain v. + -er1: perh. orig. a. AF. *detenour = OF. deteneor, -eur.]
One who or that which detains; see the verb.
1531–2Act 23 Hen. VIII, c. 5 §3 To punisshe the dettours and deteiners of the same by fines. 1547Act 1 Edw. VI, c. 3 §2 To punish..the deteinour. 1586J. Hooker Girald. Irel. in Holinshed II. 51/1 The deteiners of the kingdome of England against the lawfull heire. 1647R. Baillie Lett. & Jrnls. (1842) III. 14 It pleased God to make his detainers let him goe. 1689Def. Liberty agst. Tyrants 120 He..is..an unjust detainer which takes another Mans goods against the Owners will. 1850Chubb Locks & Keys 10 This lock..contains..several independent moveable detainers of the motion of the bolt, any one of which would alone prevent that motion; the key was adapted to move and arrange all those detainers simultaneously.
▪ II. deˈtainer2 Law.
Forms: 7 deteiner, deteigner, deteyner, 7– detainer; erron. 7 -or, 8 -our.
[a. Anglo-Fr. detener inf. used subst. Cf. cesser, disclaimer, retainer: see -er4.]
The action of detaining, withholding, or keeping in one's possession; spec. a. The (wrongful) detaining of, or refusal to restore, goods taken from the owner for distraint, etc.
1619Dalton Countr. Just. vii. (1630) 27 By distress or deteyner of the defendant's goods. 1768Blackstone Comm. III. 150 Deprivation of possession may also be by an unjust detainer of another's goods, though the original taking was lawful. 1817W. Selwyn Law Nisi Prius (ed. 4) II. 1123 If the tenant, before distress, tender..the arrears of rent, the taking of the distress becomes wrongful..but if the distress has been made, and before impounding the arrears are tendered, then the detainer only is unlawful. 1865Nichols Britton II. 249 In like manner shall widows recover damages for the wrongful detainer of dower.
b. forcible detainer: see quot. 1769.
1619Dalton Countr. Just. xxii. (1630) 61 One Justice of Peace may proceed in..cases of forcible entry or Deteiner. 1769Blackstone Comm. IV. 147 An eighth offence against the public peace is that of a forcible entry or detainer; which is committed by violently taking or keeping possession, with menaces, force, and arms, of lands and tenements, without the authority of law. 1800Addison Amer. Law Rep. 41 Indicted for a forcible entry and detainer.
c. The detaining of a person; esp. in custody or confinement.
1640in Rushw. Hist. Coll. (1692) iii. I. 20 That the Cause of their Detainer may be certified. a1719Bp. Smallridge (J.), St. Paul sends him back again, that Philemon might have no reason to be angry at his longer detainour. 1795Christian in Blackstone's Comm. (1809) I. 425 Lord Mansfield granted a habeas corpus, ordering the captain of the ship to bring up the body of James Somersett, with the cause of his detainer. 1884Law Times Rep. 16 Aug. 759/2 There was no evidence..of the detainer of the child either by force or fraud.
d. A process authorizing the sheriff to detain a person already in his custody; spec. a writ whereby a prisoner arrested at the suit of one creditor might be detained at the suit of another.
1836–9Dickens Sk. Boz (1850) 274/1 Unless the gen'lm'n means to go up afore the court, it's hardly worth while waiting for detainers, you know. 1848Wharton Law Lex. s.v., A process lodged with the sheriff against a person in his custody is called a detainer. 1855Thackeray Newcomes I. 248 The detainers against him were trifling. |