单词 | defeasance |
释义 | defeasancen.ΘΚΠ society > morality > duty or obligation > moral or legal constraint > immunity or exemption from liability > [noun] > release from duty or obligation remission?1316 loosingc1357 releasec1390 releasing1395 discharginga1398 defeasance1399 quittancea1400 acquittancec1405 discharge1423 absolution1447 acquittinga1450 quietance1451 excusationc1475 relief1496 acquittal?1538 releasement1548 ease1576 excuse1577 relievement1583 excusal1584 exoneration1640 dispensation1653 absolvement1689 1399 Liber Cartarum Sancte Crucis (1840) 113 Þe defesance of foure score of pondis made throw þe said Religious men to þe said Davy. 1476 in T. Thomson Acts Lords Auditors (1839) 51/2 Sic prufe and witnessing as he will vsse for him anent the defesance of the said obligatioun. 1478 Acts Lords of Council Civil Causes in J. Jamieson Etymol. Dict. Sc. Lang. (1825) Suppl. at Defaise Becauss the thane of Caldor allegis that he has charteris to defese him tharof [sc. payment], the lordis assignis him..to schew tha charteris, & sufficiand defesance. 1552 in Rec. Parl. Scotl. to 1707 (2007) A1552/2/30 It salbe lesum to the annuellaris, notwithstanding the defaisance maid presentlie, gif thay pleis to by in agane..defaysance of payment. 1762 J. Galbraith Answers for Creditors of Deceast John Galbraith of Balgair 21 The lex loci contractus regulates the Constitution, Transmission and Endurance of the Contract, and ought therefore to regulate the defeasance or Discharge of it. 2. Law. Now rare. a. A collateral deed or other document expressing a condition which, if fulfilled, renders a deed or contract null and void; a clause or condition having this function. ΘΚΠ the mind > attention and judgement > testing > attestation, witness, evidence > qualification > [noun] > reservation, proviso > that makes void defeasance1428 safeguard1523 1428 in J. Raine Vol. Eng. Misc. N. Counties Eng. (1890) 9 An obligacyon..and a defesance made yer apon yat ye sayd John Lyllyng fra yan furth suld be of gude governaunce. 1534 A. Windsor Let. 24 Nov. in Lisle Papers (P.R.O.: SP 3/8/84) f. 118 I haue delyuerde your statuyt..wt the marchaunttes defessansse cancelde, to Mr. Clement Smyth. 1558 Dunkyn's Mortgage to Vicary in Vicary's Anat. (1888) App. v. 183 Withoute eny maner of vse, condicion or dephezaunce. a1586 Sir P. Sidney Arcadia (1590) iii. xviii. sig. Ss6 A sufficient defeazaunce for the firmest bonde of good nature. 1634 J. Ford Chron. Hist. Perkin Warbeck ii. sig. E2 No Indenture, but has its counterpawne; no Noverint but his Condition, or Defeysance. 1641 Rastell's Termes de la Ley (new ed.) f. 103 A defeasance is usually a deed by it selfe concluded and agreed on betweene the parties, and having relation to another deed or grant. 1672 T. Manley Clerks Guide iv. 722 To make a good Defeasance, these things are necessarily required. 1705 G. Billinghurst Arcana Clericalia 249 A Defeazance is a Deed, made after the Obligation to defeat the same. 1766 J. Burrow Rep. Court King's Bench 2 827 A day or two after, a Defeasance was executed; which was a Separate Deed, making the former void upon Payment of all the Money due to Wilson. 1875 E. Poste tr. Gaius Institutionum Iuris Civilis (ed. 2) iii. Comm. 414 The warrant being accompanied by a defeazance declaring it to be merely a security for payment. 1915 Harvard Law Rev. 29 121 Let the obligation be drawn for a round sum..with..a defeasance in a separate instrument, declaring the obligation void on payment of the loan on a particular day. 2015 Pakistan Law Reporter (Nexis) 8 Sept. There must be a defeasance or default clause in order to make the gift revocable. b. The rendering of a right, condition, contract, etc., null and void; annulment. ΘΚΠ society > law > rule of law > illegality > [noun] > legal invalidity or faultiness > annulment or abrogation reversing?a1425 repealing1431 abatementc1436 cancellingc1440 annullation1449 defeasance1456 voidance1488 reversal1489 reduction1496 repeal1503 extinguishment1528 disannulling1533 abrogation1535 obrogation1535 unplacing1554 nullity1555 reversement1572 reclaim1604 disaffirmancea1626 avoidance1628 rescinding1638 cassating1647 vacating1648 voiding1649 defease1650 annulment1651 unlawing1651 defeat1657 vacuating1684 peremption1726 invalidation1771 rescindment1783 supersession1790 disaffirmation1827 disenactment1859 discharge1892 1456 in W. P. Baildon Sel. Cases Chancery (1896) 138 An obligacion of the Statuyt Marchant of Salesbury..the saide Robert delyuered to on John Gardner to kepe it tyll suffisant endentures in deffesaunce there of were made. 1579 H. Heron Kayes of Counsaile iii. sig. Cij Now it is in defesaunce of right too commonlye set abroche. 1592 ‘C. Cony-Catcher’ Def. Conny-catching sig. B3 The gentleman..promised to acknowledge a statute staple to him, with letters of defeysance. 1602 W. Fulbecke 2nd Pt. Parallele or Conf. Law vii. f. 68v As to conditions impossible in facte, such conditions if they go to the defeasans of an estate, the estate notwithstanding remaineth good. 1628 E. Coke 1st Pt. Inst. Lawes Eng. f. 236v Indentures of Defeasance. 1674 J. Godolphin Orphans Legacy ii. xxviii. 143 If there be any Defeazance of the Judgement yet in force, then the Judgement will not avail to keep off other Creditors from their debts. 1706 S. Carter Lex Vadiorum i. 5 Lands executed by Livery, &c. cannot by Indenture of Defeasance be defeated afterwards. 1765 W. Blackstone Comm. Laws Eng. I. 211 It was not a defeazance of the right of succession. 1827 T. Jarman Powell's Ess. Learning of Devises (ed. 3) II. 242 An executory devise, limited in defeazance of a preceding estate. 1888 Observ. Land Transfer Bill (Law Soc.) 20 In case of defeasance of the estate of a registered owner.., the Land Transfer Board is to register the next owner. 1931 Times 2 Nov. 14/5 The Court of Appeal held that the contract of marriage could not be invalidated by the conditions of defeasance prescribed by the Russian law. 1978 U.S. Supreme Court Bull. (Commerce Clearing House) 38 B1238 The sovereignty that the Indian tribes retain is of a unique and limited character. It exists only at the sufferance of Congress and is subject to complete defeasance. 1994 Irish Times (Nexis) 25 Jan. 3 The Bill's provisions..were applied to each and every category and instance falling within the time scale provided for in the Bill with a right of defeasance. ΘΚΠ the world > relative properties > quantity > decrease or reduction in quantity, amount, or degree > deduction > [noun] defalking1475 deduction1496 defeasance1516 detraction1528 subtraction1534 subduction1555 abating1557 ademption1590 subtracting1611 defalcation1624 retractiona1636 abate1646 deducing1651 dockage1886 1516 Acts Lords of Council Civil Causes XXVIII. f. 38, in Dict. Older Sc. Tongue at Defesance Other lauchfull defesance being defalkit and takin of. ΘΚΠ the world > existence and causation > creation > destruction > [noun] end832 bale-sithea1000 wrakea1275 wonderc1275 destroyingc1300 destruction1340 contritionc1384 stroying1396 undoing1398 tininga1400 ruinc1425 fatec1430 fordoingc1450 perishing?1523 shipwreck1526 pernicion?1530 ruining1562 ruinating1587 defeasance1590 defeature1592 breakneck1598 ruination1599 defeat1600 doom1609 planet-striking1611 mismaking1615 rasurea1616 destructa1638 perition1640 interemption1656 smashing1821 degrowth1876 uncreation1884 creative destruction1927 1590 E. Spenser Faerie Queene i. xii. sig. L8v Where that champion stout After his foes defeasaunce did remaine. 1616 R. Carpenter Christs Larvmbell 61 in Pastoral Charge Notwithstanding the discouery and defeysance of their manifold mischieuous designments. a1617 P. Baynes Comm. Epist. First Chapter Paul to Ephesians (1618) iv. 87 He may suffer defeasance in the intentions he purposeth. 1751 G. Atwood Mortality Princes 8 The Death of Princes, and the Defeasance of our Hopes. 1847 G. Grote Hist. Greece III. ii. ix. 21 It was always an oligarchy which arose on the defeasance of the heroic kingdom. 1874 W. Stubbs Constit. Hist. I. viii. 235 The extinction or other defeasance of the old royal houses. 5. Finance and Accounting (originally U.S.). A method used to remove assets and liabilities from a balance sheet by irrevocably depositing the assets in a trust or other instrument sufficient to discharge the liabilities when they become due. Also: the action or practice of using this method. ΚΠ 1976 Financial Managem. Summer 60/2 There are two basic types of advance refundings—the ‘defeasance’ and the ‘crossover’. In a defeasance refunding, the investment in escrow securities meets all the cash flow requirements of the old obligation. 1980 PR Newswire (Nexis) 24 Jan. The company's telephone subsidiary.., through a financing mechanism known as a defeasance, caused $13,860,000 of first mortgage bonds to be removed from its balance sheet. 2003 Bond Buyer (Nexis) 4 Sept. Standard & Poor's raised its rating on Boynton Beach's $11.9 million of Series 1996 housing bonds to AAA from A-plus due to the defeasance of the bonds with U.S. government securities. Compounds attributive (in senses 2, 5), as defeasance clause, defeasance provision, defeasance transaction, etc. ΚΠ 1890 Co-operative News (U.S.) 16 Jan. 1/2 The Building Associations..had their mortgages drawn up for regular loans, the defeasance clauses based upon promissory notes, with all the qualities of negotiability in them. 1901 Rep. Appellate Courts Illinois 94 267 A deed otherwise absolute in its terms as a conveyance in fee simple becomes, through a defeasance provision, a mere mortgage. 1970 Virginia Law Rev. 56 135 Many deferred compensation schemes, such as pension plans, have defeasance clauses covering certain situations. 1982 Bond Buyer (Nexis) 29 July The two Oregon defeasance transactions were done after John Lobdell, the state's public utility commissioner, asked the utilities to find ways to reduce the projected rate increases needed to compensate for expected construction losses. 2007 Real Estate Issues (U.S.) (Nexis) Spring 29 Understanding and being able to negotiate defeasance provisions in the term sheet of a new loan go a long way in mitigating future defeasance costs. This entry has been updated (OED Third Edition, December 2016; most recently modified version published online March 2022). defeasancev. Law. Now rare. transitive. To render null and void subject to the fulfilment of certain (predetermined) conditions; to make subject to a defeasance (defeasance n. 2a). ΚΠ 1621 Effect of Bill by Sir F. Englefield (single sheet) The Visconte thereby likewise lastly couenanteth not to stir, alter nor incumber this his estate so firmly setled, and giueth to these three Feoffees a recognisance of 20000 l. defeazanced for his performance of the said couenant. 1693 Law Obligations & Conditions 290 The Statute was defeasanced on this Condition. 1715 W. Bohun Cursus Cancellariæ xiii. 358 It appear'd the Benefit of a Decree was assign'd and defeasanced for Payment of Money. 1771 J. Burrow Rep. Court King's Bench 3 1372 A Bond conditioned for paying Money by Instalments, or so defeazanced at the Time of executing the Bond, might be construed to be within the Intention of the Statute. 1823 Maryland Gaz. 13 Nov. The deed..in consideration of two hundred dollars, conveys to Wesley..four negroes, to be defeasanced on the payment of two hundred dollars. 1841 H. Chance Suppl. Treat. Powers 119 Cases where an estate for life..is limited—with a subsequent clause defeasancing the estate, and limiting the lands over to another. 1951 Econ. Hist. Rev. 3 281 The bond was defeasanced or cancelled by slashing, or other recognized method, and no longer enforceable. 1975 Bull. Inst. Hist. Res. 48 176 Skinner outlined the conditions for defeazancing these obligations. This entry has been updated (OED Third Edition, December 2016; most recently modified version published online March 2022). < n.1399v.1621 |
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