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DEFAULT (Fr. defaut, from defailler, ...

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Originally appearing in Volume V07, Page 925 of the 1911 Encyclopedia Britannica.
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DEFAULT (Fr. defaut, from defailler, to fail, See also:Lat. fallere) , in See also:English See also:law, a failure to do some See also:act required by law either as a See also:regular step in See also:procedure or as being a See also:duty imposed. Parties in an See also:action may be in default as to procedure by failure to appear to the See also:writ, or to take some other step, within the prescribed See also:time. In such cases the opposing party gains some See also:advantage by being allowed to sign See also:judgment or otherwise. But as a See also:rule, unless the party is much in default and is under a See also:peremptory See also:order to proceed, the See also:penalty for default is by order to pay the See also:costs occasioned: When there is default in complying with the terms of a judgment the remedy is by executing it by one of the processes admitted by the law. (See See also:EXECUTION.) In the See also:case of judgments in criminal or quasi-criminal cases, where a See also:fine is imposed, it is in most cases legal and usual to order imprisonment if the fine is not paid or if the See also:property of the See also:defendant is insufficient to realize its amount. Default in compliance with a See also:statute renders the defaulter liable to action by the See also:person aggrieved or to See also:indictment if the See also:matter of command is of public concern, subject in either case to the qualification that the statute may limit the remedy for the default to some particular proceeding specifically indicated; and in some instances, e.g. in the case of See also:local authorities, default in the execution of their public duties is dealt with administratively by a See also:department of the See also:government, and only in the last resort, if at all, by recourse to judicial tribunals.

End of Article: DEFAULT (Fr. defaut, from defailler, to fail, Lat. fallere)

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