hypothecn.

/hʌɪˈpɒθɪk/

/hɪˈpɒθɪk/

Forms: Also 1600s–1700s hypotheque, 1700s hypothic; 1500s– hypotheca /hɪpəʊˈθiːkə/.

Etymology: < French hypothèque or < late Latin hypothēca , < Greek ὑποθήκη a deposit, pledge, mortgage, < ὑποτιθέναι to deposit as a pledge ( < ὑπό down + τιθέναι to put, place). The Latin form is now used only in sense 1a.

1. ‘A security established by law in favour of a creditor over a subject belonging to his debtor, while the subject continues in the debtor's possession’ ( Bell's Dict. Law Scotl.).

a. In ancient Roman law.

ΘΚΠ

society > law > legal obligation > bond or recognizance > requiring or giving legal security > [noun] > legal security > mortgage

wadset1449

mortgagec1450

thirlage1578

hypothec1592

encumber1612

dead-pledge1658

mortgage bond1853

poultice1932

1592 W. West Symbolæogr.: 1st Pt. §18 C An improper pledge is called Hypotheca, which is of a thing not deliuered, which is made and perfected by couenant onelie.

1726 J. Ayliffe Parergon Juris Canonici Anglicani 272 A Man's Bed, Wearing Apparel and other Things of the like Kind, necessary to his daily Use..do not pass under an Hypotheque.

1875 E. Poste tr. Gaius Institutionum Iuris Civilis (ed. 2) iv. 642 In a hypotheca, that is, an agreement without delivery, the mortgagee acquired no possession.

1880 J. Muirhead in tr. Gaius Institutes i. 75 (note) A pledge or hypothec could not be accepted instead.

1883 H. S. Maine Diss. Early Law & Custom x. 357 Possession, Usucapion, Bonitarian ownership, and Hypothek occupy together a prodigious space in the Roman jurisprudence.

b. Scots Law. (a) The lien or prior claim of a landlord for his rent over the crop and stock of a tenant farmer (but see quot. 1880), and over the furniture and other effects of a tenant in urban property. (b) The lien which seamen, freighters, and repairers have over a ship for their wages, etc., and that which a ship-owner has over cargo for the freight. (c) The lien which a legal agent has for costs over costs recovered from the adverse party. Sometimes applied to the right to retain writs and title-deeds in security of a professional account.

ΘΚΠ

society > law > legal right > right of possession or ownership > [noun] > right to retain property until debt paid

elegitc1523

lien1530

retention1551

hypothec1733

1733 P. Lindsay Interest Scotl. 39 Their Hypotheck secures them absolutely against Loss by the Tenant.

1754 E. Burt Lett. N. Scotl. II. xxi. 154 The Landlord has, by Law, an Hypothick, or a right of Pledge, with respect to the Corn, for so much as the current Year's Rent.

1754 J. Erskine Princ. Law Scotl. II. iii. i. 274 Writers also and agents have a right of hypothec, or more properly of retention, on their constituent's writings, for their claim of pains and disbursements.

1816 W. Scott Antiquary III. xii. 258 As we hold your rights, title-deeds, and documents in hypothec.

1854 H. Miller Schools & Schoolmasters (1857) xi. 238 The cattle and horses of the farm—appropriated by the landlord, at the time under the law of hypothec.

1880 Act 43 Vict. c. 12 §1 The landlord's right of hypothec for the rent of land..exceeding two acres..let for agriculture or pasture, shall cease and determine.

c. In the Channel Islands.In French form hypothèque.

ΚΠ

?c1682 J. Warburton Treat. Hist. Guernsey (1822) 106 An Hypothèque differs from a mortgage in England in this respect chiefly, that he who parts with his money can never call it in again.

1694 P. Falle Acct. Isle of Jersey ii. 86 All Bonds are not Personal as in England, but real, and carry an express Hypotheca or Mortgage upon the Estate both real and personal of the Debtor.

2. the whole hypothec (Scottish colloquial), the whole stock or lot, the whole ‘concern’ or ‘business’, the whole of anything.

ΘΚΠ

the world > relative properties > wholeness > the whole or all > [noun] > the whole quantity, number, or amount > the whole lot

every whita1450

every stitch?a1500

the devil and all1543

prow and poop1561

Christ-cross-row1579

every snip1598

thread and thrum1600

boodle1625

hair and hoof1705

rag-tag (also rag, tag) and bob-tail1725

tutti quanti1772

lot1791

lock, stock, and barrel1824

stock and fluke1825

the whole boiling1837

box and dice1839

the whole caboodlea1848

sub-cheese1859

the whole kit and boiling (boodle, caboodle, cargo)1859

the whole jingbang1866

the whole hypothec1871

the whole ball of wax1882

the whole (entire) shoot1884

(at) every whip-stitch1888

work1899

issue1919

guntz1958

full monty1979

1871 W. Alexander Johnny Gibb i. 14 Johnny Gibb stopped Jess, got the whole ‘hypothec’ into the cart; and then [etc.].

1879 R. L. Stevenson Trav. with Donkey 22 And at last..saddle and all, the whole hypothec turned and grovelled in the dust below the donkey's belly.

This entry has not yet been fully updated (first published 1899; most recently modified version published online December 2020).

单词	hypothec
释义	hypothecn. /hʌɪˈpɒθɪk//hɪˈpɒθɪk/ Forms: Also 1600s–1700s hypotheque, 1700s hypothic; 1500s– hypotheca /hɪpəʊˈθiːkə/. Etymology: < French hypothèque or < late Latin hypothēca , < Greek ὑποθήκη a deposit, pledge, mortgage, < ὑποτιθέναι to deposit as a pledge ( < ὑπό down + τιθέναι to put, place). The Latin form is now used only in sense 1a. 1. ‘A security established by law in favour of a creditor over a subject belonging to his debtor, while the subject continues in the debtor's possession’ ( Bell's Dict. Law Scotl.). a. In ancient Roman law. ΘΚΠ society > law > legal obligation > bond or recognizance > requiring or giving legal security > [noun] > legal security > mortgage wadset1449 mortgagec1450 thirlage1578 hypothec1592 encumber1612 dead-pledge1658 mortgage bond1853 poultice1932 1592 W. West Symbolæogr.: 1st Pt. §18 C An improper pledge is called Hypotheca, which is of a thing not deliuered, which is made and perfected by couenant onelie. 1726 J. Ayliffe Parergon Juris Canonici Anglicani 272 A Man's Bed, Wearing Apparel and other Things of the like Kind, necessary to his daily Use..do not pass under an Hypotheque. 1875 E. Poste tr. Gaius Institutionum Iuris Civilis (ed. 2) iv. 642 In a hypotheca, that is, an agreement without delivery, the mortgagee acquired no possession. 1880 J. Muirhead in tr. Gaius Institutes i. 75 (note) A pledge or hypothec could not be accepted instead. 1883 H. S. Maine Diss. Early Law & Custom x. 357 Possession, Usucapion, Bonitarian ownership, and Hypothek occupy together a prodigious space in the Roman jurisprudence. b. Scots Law. (a) The lien or prior claim of a landlord for his rent over the crop and stock of a tenant farmer (but see quot. 1880), and over the furniture and other effects of a tenant in urban property. (b) The lien which seamen, freighters, and repairers have over a ship for their wages, etc., and that which a ship-owner has over cargo for the freight. (c) The lien which a legal agent has for costs over costs recovered from the adverse party. Sometimes applied to the right to retain writs and title-deeds in security of a professional account. ΘΚΠ society > law > legal right > right of possession or ownership > [noun] > right to retain property until debt paid elegitc1523 lien1530 retention1551 hypothec1733 1733 P. Lindsay Interest Scotl. 39 Their Hypotheck secures them absolutely against Loss by the Tenant. 1754 E. Burt Lett. N. Scotl. II. xxi. 154 The Landlord has, by Law, an Hypothick, or a right of Pledge, with respect to the Corn, for so much as the current Year's Rent. 1754 J. Erskine Princ. Law Scotl. II. iii. i. 274 Writers also and agents have a right of hypothec, or more properly of retention, on their constituent's writings, for their claim of pains and disbursements. 1816 W. Scott Antiquary III. xii. 258 As we hold your rights, title-deeds, and documents in hypothec. 1854 H. Miller Schools & Schoolmasters (1857) xi. 238 The cattle and horses of the farm—appropriated by the landlord, at the time under the law of hypothec. 1880 Act 43 Vict. c. 12 §1 The landlord's right of hypothec for the rent of land..exceeding two acres..let for agriculture or pasture, shall cease and determine. c. In the Channel Islands.In French form hypothèque. ΚΠ ?c1682 J. Warburton Treat. Hist. Guernsey (1822) 106 An Hypothèque differs from a mortgage in England in this respect chiefly, that he who parts with his money can never call it in again. 1694 P. Falle Acct. Isle of Jersey ii. 86 All Bonds are not Personal as in England, but real, and carry an express Hypotheca or Mortgage upon the Estate both real and personal of the Debtor. 2. the whole hypothec (Scottish colloquial), the whole stock or lot, the whole ‘concern’ or ‘business’, the whole of anything. ΘΚΠ the world > relative properties > wholeness > the whole or all > [noun] > the whole quantity, number, or amount > the whole lot every whita1450 every stitch?a1500 the devil and all1543 prow and poop1561 Christ-cross-row1579 every snip1598 thread and thrum1600 boodle1625 hair and hoof1705 rag-tag (also rag, tag) and bob-tail1725 tutti quanti1772 lot1791 lock, stock, and barrel1824 stock and fluke1825 the whole boiling1837 box and dice1839 the whole caboodlea1848 sub-cheese1859 the whole kit and boiling (boodle, caboodle, cargo)1859 the whole jingbang1866 the whole hypothec1871 the whole ball of wax1882 the whole (entire) shoot1884 (at) every whip-stitch1888 work1899 issue1919 guntz1958 full monty1979 1871 W. Alexander Johnny Gibb i. 14 Johnny Gibb stopped Jess, got the whole ‘hypothec’ into the cart; and then [etc.]. 1879 R. L. Stevenson Trav. with Donkey 22 And at last..saddle and all, the whole hypothec turned and grovelled in the dust below the donkey's belly. This entry has not yet been fully updated (first published 1899; most recently modified version published online December 2020). < n.1592
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