KFLCC Kingdom Law 2nd Ed.

335

DEBT

DECANATUS

debt which appears to be due by the evidence of a court of record, as by a judgment or re cognizance. 2 Bl. Comm. 465.—Legal debts. Those that are recoverable in a court of com mon law,, as debt on a bill of exchange, a bond, or a simple contract. Rogers v. Daniell, 8 Allen (Mass.) 348; Guild v. Walter, 182 Mass. 225, 65 N. E. 68.— Mutual debts. Money due on both sides between two persons.— Passive debt. A debt upon which, by agreement be tween the debtor and creditor, no interest is payable, as distinguished from active debt; t. e., a debt upon which interest is payable. In this sense, the terms "active" and "passive" are applied to certain debts due from the Spanish government to Great Britain. Wharton. In another sense of the words, a debt is "active" or "passive" according as the person of the cred itor or debtor is regarded; a passive debt being that which a man owes; an active debt that which is owing to him. In this meaning every debt is both active and passive,—active as re gards the creditor, passive as regards the debtor. —Public debt. That which is due or owing by the government of a state or nation. The terms "public debt" and "public securities," used in legislation, are terms generally applied to national or state obligations and dues, and would rarely, if ever, be construed to include town debts or obligations; nor would the term "public revenue" ordinarily be applied to funds arising from town taxes. Morgan v. Cree, 46 Vt. 773, 14 Am. Rep. 640.— Pure debt. In Scotch law. A debt due now and uncondition ally is so called. It is thus distinguished from a future debt,—payable at a fixed day in the future,—and a contingent debt, which will only become due upon the happening of a certain con tingency.— Simple contract debt. One where the contract upon which the obligation arises is neither ascertained by matter of record nor yet by deed or special instrument, but by mere oral evidence the most simple of any, or by notes unsealed, which are capable of a more easy proof, and therefore only better than a verbal promise. 2 Bl. Comm. 466. A person to whom a debt is due; a creditor. 3 Bl. Comm. 18; Plowd. 543. Not used. DEBTOR. One who owes a debt; he who may be compelled to pay a claim or de mand. — Common debtor. In Scotch law. A debtor whose effects have been arrested by several cred itors. In regard to these creditors, he is their common debtor, and by this term is distinguish ed in the proceedings that take place in the competition. Bell.— Debtor's act 1869. The statute 32 & 33 Vict. c. 62, abolishing impris onment for debt in England, and for the punish ment of fraudulent debtors. 2 Steph. Comm. 159-164. Not to be confounded with the Bank ruptcy Act of 1869. Mozley & Whitley.— Debt or's summons. In English law. A summons issuing from a court having jurisdiction in bank ruptcy, upon the creditor proving a liquidated debt of not less than £50, which he has failed to collect after reasonable effort, stating that if the debtor fail, within one week if a trader, and within three weeks if a non-trader, to pay or compound for the sum specified, a petition may be presented against him praying that he may be adjudged a bankrupt. Bankruptcy Act 1869, § 7; Robs. Bankr.; Mozley & Whitley. DECALOGUE. The ten commandments given by God to Moses. The Jews called them the "Ten Words," hence the name. DECANATUS. A deanery. Spelman. A company of ten persons. Calvin. DEBTEE.

a sum of money arising upon a contract, express or implied. In its more general sense, it is de fined to be that which is due from one person to another, whether money, goods, or services; that which one person is bound to pay or per form to another. Under the legal-tender stat utes, it seems to import any obligation by con tract, express or implied, which may be dis charged by money through the voluntary action of the party bound. Wherever he may be at liberty to perform his obligation by the payment of a specific sum of money, the party owing the obligation is subject to what, in these statutes, is termed "debt." Kimpton v. Bronson, 45 Barb. (N. T.) 618. The word is sometimes used to denote an aggregate of separate debts, or the total sum of the existing claims against a person or company. Thus we speak of the "national debt," the "bonded debt" of a corporation, etc. Synonyms. The term "demand" is of much broader import than "debt," and em braces rights of action belonging to the debt or beyond those which could appropriately be called "debts." In this respect the term "de mand" is one of very extensive import In re Denny, 2 Hill (N. T.) 223. The words "debt" and "liability" are not synonymous. As applied to the pecuniary relations of parties, liability is a term of broader significance than debt. The legal acceptation of debt is a sum of money due by certain and express agreement. Liability is responsibility; the state of one who is bound in law and justice to do something which may be enforced by action. This liability may arise from contracts either express or implied, or in consequence of torts commit ted. McElfresh v. Kirkendall, 36 Iowa, 226. "Debt" is not exactly synonymous with "duty." A debt is a legal liability to pay a specific sum of money; a duty is a legal ob ligation to perform some act. Allen v. Dick son, Minor (Ala.) 120. In practice. The name of a common-law action, which lies to recover a certain spe cific sum of money, or a sum that can read ily be reduced to a certainty. 3 Bl. Comm. 154; 3 Steph. Comm. 461; 1 Tidd. Pr. 3. It is said to lie in the debet and detinet, (when it is stated that the defendant owes and detains,) or in the detinet, (when it is stated merely that he detains.) Debt in the detinet for goods differs from detinue, because it is not es sential in this action, as in detinue, that the specific property in the goods should have been vested in the plaintiff at the time the action is brought. Dyer, 246. —Debt by simple contract. A debt or de mand founded upon a verbal or implied con tract, or upon any written agreement that is not under seal.— 'Debt by specialty. A debt due, or acknowledged to be due, by some deed or instrument under seal; as a deed of cove nant or sale, a lease" reserving rent, or a bond or obligation. 2 Bl. Comm. 465 1 ; Kerr v. Ly decker, 51 Ohio St. 240, 37 N. B. 267, 23 I* R. A. 842; Marriott v. Thompson, Willes, 189. —Debt ex mntno. A species of debt or obli gation mentioned by Glanville and Bracton, and which arose em inutuo, out of a certain kind of loan. Glan. lib. 10, c. 3; Bract, fol. 99. See MUTUUM; Etx MUTUO.— Debt of record. A