Chancery

📒 Definitions

The following public record is made available for the lawful use and purposes as described in our Terms.


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A

Abomination

That which is highly esteemed among men.

Luke 16:15
15. And he said un­to them, Ye are they which justify yourselves before men; but God knoweth your hearts: for that which is highly esteemed among men is abomination in the sight of God.

Pro­verbs 6:16‑19
16. These six [things] doth the LORD hate: yea, seven [are] an abomination un­to him:
17. A proud look, a lying tongue, and hands that shed innocent blood,
18. An heart that deviseth wicked imaginations, feet that be swift in running to mischief,
19. A false witness [that] speaketh lies, and he that soweth discord among brethren.


Abrogated

Abolished, did away with, or annulled, especially by authority.


Absolves

Relieves of a requirement or obligation.


Accepted

Agreed to.


Acquiescence

A tacit agreement; consent inferred from silence.


Administer property without right

To manage property contrary to the expressed intent of the settlors.


Adultery

Violation of the marriage bed;

In a scriptural sense, all manner of lewdness or unchastity, as in the seventh commandment;

Idolatry, or apostasy from the true God.

Mark 10:12
12. And if a woman shall put away her husband, and be married to another, she committeth adultery.

Luke 16:18
18. Whosoever putteth away his wife, and marrieth another, committeth adultery: and whosoever marrieth her that is put away from her husband committeth adultery.


Affiant

A person who swears or affirms to the truth of statements made in an affidavit.


Affidavit

A written statement where the contents are sworn or affirmed to be true.


Affirm

To make firm; establish, confirm.


Affirmed

Declared.


Agent

Any person or individual acting on your behalf.


Agreement

A mutual assent to do or refrain from doing something;

A contract.


Annexed

Joined at the end.


Annexure

A separate part of a legal agreement, report, etc. that gives extra information.


Announcement

Something that someone says officially, giving information about something.


Annulled

Cancelled officially; made of no effect.


Answer

To reply by way of explanation, refutation or justification.


Apparent

Obvious; evident; indubitable.


Aright

Without mistake or crime.


Ascertain

To establish with certainty.


Ascertained

Established with certainty.


Ascribe

To assign or attribute.


Assent

The act of the mind in admitting, or agreeing to, the truth of a proposition.

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B

Beneficiary, beneficiaries

The principal; a person designated as a recipient of property under a trust.


Benefit

Anything that is for the good or advantage of a person or thing.


Breach of fiduciary duty

Exists where the trustees are found to have breached trust by putting their interests over and above the interests of the beneficiaries.


Breach of trust

The trustees fail to discharge their duties reasonably, in good faith and according to the settlors’ intent;

To administer property without right.

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C

Cease

To come to an end;

To collapse or close a trust.


Charges

Expenses or costs.


Child

A man or woman under the age of twenty with no knowledge between good and evil.

Numbers 14:29-31
29. Your carcases shall fall in this wilderness; and all that were numbered of you, according to your whole number, from twenty years old and upward, which have murmured against me,
30. Doubtless ye shall not come into the land, [concerning] which I sware to make you dwell therein, save Caleb the son of Jephunneh, and Joshua the son of Nun.
31. But your little ones, which ye said should be a prey, them will I bring in, and they shall know the land which ye have despised.

Numbers 32:11-12
11. Surely none of the men that came up out of Egypt, from twenty years old and upward, shall see the land which I sware unto Abraham, unto Isaac, and unto Jacob; because they have not wholly followed me:
12. Save Caleb the son of Jephunneh the Kenezite, and Joshua the son of Nun: for they have wholly followed the LORD.

Deuteronomy 1:35
35. Surely there shall not one of these men of this evil generation see that good land, which I sware to give unto your fathers,

Deuteronomy 1:39
39. Moreover your little ones, which ye said should be a prey, and your children, which in that day had no knowledge between good and evil, they shall go in thither, and unto them will I give it, and they shall possess it.


Chose in action

The legal entitlement to enforce a promise made pursuant to a contract to benefit a third party.


Clean hands

Morally unimpeachable.


Completely constituted

An express trust is created by a legal transfer of trust property from the settlor to a Trustee; the outcome is that the settlor validly vests an equitable interest in a beneficiary.


Concurrence

A meeting of minds; agreement in opinion.


A yielding of the mind or will to that which is proposed or stated by another; permission.


Contention

To make or gain by force.


Contract

An agreement between two or more parties creating obligations that are enforceable or otherwise lawfully and or legally recognisable.


Contrary

Opposite; moving against or in an opposite direction.


Correction

The act of correcting; the act of bringing back, from error or deviation, to a just standard, as to truth, rectitude, justice or propriety; as the correction of opinions or manners.

2 Timothy 3:16-17
16. All scripture [is] given by inspiration of God, and [is] profitable for doctrine, for reproof, for correction, for instruction in righteousness:
17. That the man of God may be perfect, throughly furnished unto all good works.


Countervailing

Opposing with equal strength or value.


Covenant

A mutual consent or agreement of two or more persons, to do or to forbear some act or thing;

A contract.

Genesis 9:8-17
8. And God spake unto Noah, and to his sons with him, saying,
9. And I, behold, I establish my covenant with you, and with your seed after you;
10.And with every living creature that is with you, of the fowl, of the cattle, and of every beast of the earth with you; from all that go out of the ark, to every beast of the earth.
11. And I will establish my covenant with you; neither shall all flesh be cut off any more by the waters of a flood; neither shall there any more be a flood to destroy the earth.
12. And God said, This is the token of the covenant which I make between me and you and every living creature that is with you, for perpetual generations:
13. I do set my bow in the cloud, and it shall be for a token of a covenant between me and the earth.
14. And it shall come to pass, when I bring a cloud over the earth, that the bow shall be seen in the cloud:
15. And I will remember my covenant, which is between me and you and every living creature of all flesh; and the waters shall no more become a flood to destroy all flesh.
16. And the bow shall be in the cloud; and I will look upon it, that I may remember the everlasting covenant between God and every living creature of all flesh that is upon the earth.
17. And God said unto Noah, This is the token of the covenant, which I have established between me and all flesh that is upon the earth.


Conversion

Unlawful assumption of ownership;

The unauthorized control or destruction of another person’s property in a manner repugnant to the immediate right of the owner’s possession.

Conversion occurs when one treats another’s property as their own without lawful authority.

🔗 Tort of con­ver­sion 30 Nov 17, Sewell & Kettle Lawyers

🔗 Case law Penfolds Wines Pty Ltd v Elliott (1946) 74 CLR 204


Custodian

A person with responsibility for protecting or taking care of something or keeping something in good condition.

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D

Default

An omission of that which ought to be done, and more specifically, the omission or failure to perform a duty.


Defined

Determined with precision;

Ascertained or exhibited clearly.


Defraud

To deprive of right, either by obtaining something by deception or artifice, or by taking something wrongfully without the knowledge or consent of the owner.

Leviticus 19:13
13. Thou shalt not defraud thy neighbour, neither rob him: the wages of him that is hired shall not abide with thee all night until the morning.

Corinthians 6:5-10
5. I speak to your shame. Is it so, that there is not a wise man among you? no, not one that shall be able to judge between his brethren?
6. But brother goeth to law with brother, and that before the unbelievers.
7. Now therefore there is utterly a fault among you, because ye go to law one with another. Why do ye not rather take wrong? why do ye not rather suffer yourselves to be defrauded?
8. Nay, ye do wrong, and defraud, and that your brethren.
9. Know ye not that the unrighteous shall not inherit the kingdom of God? Be not deceived: neither fornicators, nor idolaters, nor adulterers, nor effeminate, nor abusers of themselves with mankind,
10. Nor thieves, nor covetous, nor drunkards, nor revilers, nor extortioners, shall inherit the kingdom of God.


Definition

An explanation of the signification of a word or term.


Direction

An authoritative order, command or instruction.


Disclaim

To say that you have no responsibility for, or knowledge of, something that has happened or been done.


Discretion

Liberty or power of acting without other control than ones own judgement.


Dishonour

To disgrace; to bring reproach or shame on.


Dispute

An unexpected event, different view or disagreement stops you from being yourself or harms your relationships.


Disregard

To have no care or respect.


Doctrine

The principles or truths taught by Christ and his apostles.

2 Timothy 3:16-17
16. All scripture [is] given by inspiration of God, and [is] profitable for doctrine, for reproof, for correction, for instruction in righteousness:
17. That the man of God may be perfect, throughly furnished unto all good works.


Duty

That which a person is bound, by any natural, moral or lawful obligation, to pay, do or perform.

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E

Effeminate

Having the qualities of the female sex; soft or delicate to an unmanly degree;

To make womanish; to unman; to weaken; as to effeminate children.

Deuteronomy 22:5
5. The woman shall not wear that which pertaineth unto a man, neither shall a man put on a woman's garment: for all that do so are abomination unto the LORD thy God.

1 Corinthians 6:9-10
9. Know ye not that the unrighteous shall not inherit the kingdom of God? Be not deceived: neither fornicators, nor idolaters, nor adulterers, nor effeminate, nor abusers of themselves with mankind,
10. Nor thieves, nor covetous, nor drunkards, nor revilers, nor extortioners, shall inherit the kingdom of God.


Elements

Parts of a larger whole.


Else

Otherwise.


Entrustment of property

The act of voluntarily giving possession of property to another party with the expectation that the property will be transferred according to specific terms or for a specific purpose; and that it will be accounted for appropriately or returned.

See Intrust


Errors and omissions accepted

Although every effort has been made to ensure the accuracy of the information, no legal responsibility is accepted for any errors or omissions herein, whether such errors or omissions result from negligence, accident or any other cause, and no responsibility is accepted with regard to the standing of anyone mentioned.


Establish

To set and fix firmly or unalterably; to settle permanently.


Estoppel

A party cannot deny a fact that has already been settled as truth.


Equity

Freedom from bias or favouritism and dealing fairly and equally with all concerned;

No respect of persons.


Evidence

Some thing, including testimony, documents and tangible objects, that proves or disproves the existence of an alleged fact.


Evidenced

Shown to be true.


Evidentiary

Relating to, providing, or constituting evidence.


Excludes

Prevents from being included, considered, or accepted.


Excuse

To free, as from an obligation or duty;

To make allowance for; overlook or forgive.


Exhibited

Shown publicly.


Expectation

The act of expecting or looking forward to a future event with at least some reason to believe the event will happen.


Extinguished

Ended.

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F

Fairly excused

Those seeking to be excused have proven their conduct to be honest and reasonable.


Faith

The substance of things hoped for, the evidence of things not seen;

Hebrews 11:1
1. Now faith is the substance of things hoped for, the evidence of things not seen.


Fees

A reward or compensation for services.


Fīat jūstitia ruat cælum

let justice be done though the heavens fall;
Justice must be realised regardless of consequences.


Fiduciary

One who holds a thing in trust; a trustee.


Fiduciary duty

Exists where one person, the fiduciary, undertakes to act for another, the principal, and in doing so, must place the interests of the principal above their own.


Fornication

The incontinence or lewdness of unmarried persons, male or female; also, the criminal conversation of a married man with an unmarried woman;

Adultery; incest;

Idolatry: a forsaking of the true God, and worshipping of idols.

1 Corinthians 5:1
1. It is reported commonly that there is fornication among you, and such fornication as is not so much as named among the Gentiles, that one should have his father's wife.

1 Corinthians 7:2
2. Nevertheless, to avoid fornication, let every man have his own wife, and let every woman have her own husband.


Four Corners Rule

Stipulates that where parties enter into a written agreement, they cannot use oral or implied agreements, or extraneous evidence, to contradict the written terms.

The four corners of an instrument should include:

Similar to:
🔗 four corners of an instrument
🔗 patrol evidence rule

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G

Gift

Something that is bestowed voluntarily and without compensation.


God

Our Creator, Father and Master;

Genesis 1:26-27
26. And God said, Let us make man in our image, after our likeness: and let them have dominion over the fish of the sea, and over the fowl of the air, and over the cattle, and over all the earth, and over every creeping thing that creepeth upon the earth.
27. So God created man in his [own] image, in the image of God created he him; male and female created he them.

1 Corinthians 8:6
6. But to us there is but one God, the Father, of whom are all things, and we in him; and one Lord Jesus Christ, by whom are all things, and we by him.

Ephesians 4:6
6. One God and Father of all, who is above all, and through all, and in you all.

Ephesians 6:9
9. And, ye masters, do the same things unto them, forbearing threatening: knowing that your Master also is in heaven; neither is there respect of persons with him.


God’s law

see law.


Guilt

The fact of being responsible for the commission of an offense; moral culpability;
The violation of a criminal law; legal culpability.

Leviticus 5:17
17. And if a soul sin, and commit any of these things which are forbidden to be done by the commandments of the LORD; though he wist it not, yet is he guilty, and shall bear his iniquity.

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H

Harm

Mischief;

Wickedness.


Honourable

Directed to a just and proper end;

Honest, fair, and worthy of respect.

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I

Idolatry

Excessive attachment or veneration for any thing, or that which borders on adoration;

The worship of idols, images, or any thing made by hands, or which is not God.

Idolatry is of two kinds;

Colossians 3:5
5. Mortify therefore your members which are upon the earth; fornication, uncleanness, inordinate affection, evil concupiscence, and covetousness, which is idolatry:


Ignornace excuses not

The objective reality of sin, rather than subjective awareness, determines guilt.

A person is guilty of sin simply by the act of committing it, even if they aren’t aware of it or don’t feel guilty. The guilt is a result of the sin’s objective existence as a violation of God’s law, not a result of a person’s personal feelings or knowledge about that violation. This is similar to how a person who breaks a law is guilty of a crime, even if they were unaware the law existed.


Individual

A man, woman or child.


Indubitable

Too plain to admit of doubt.


In good faith

In an honest, sincere and proper way.


In lieu

In place of; instead.


In the principal

The original condition of property that was taken or value of something embezzled from its rightful owner.

In the principal is used in contrast to any additional amount that may be added as a penalty or compensation.

Leviticus 6:4-5
4. Then it shall be, because he hath sinned, and is guilty, that he shall restore that which he took violently away, or the thing which he hath deceitfully gotten, or that which was delivered him to keep, or the lost thing which he found,
5. Or all that about which he hath sworn falsely; he shall even restore it in the principal, and shall add the fifth part more thereto, [and] give it unto him to whom it appertaineth, in the day of his trespass offering.


In the private

A private negotiation unconnected with others.


Instruction

The act of teaching or informing the understanding in that of which it was before ignorant;

Information.

2 Timothy 3:16-17
16. All scripture [is] given by inspiration of God, and [is] profitable for doctrine, for reproof, for correction, for instruction in righteousness:
17. That the man of God may be perfect, throughly furnished unto all good works.


Intent

The mental objective behind an action.

A person has intent with respect to:

  1. conduct if he or she means to engage in that conduct;
  2. a circumstance if he or she believes that it exists or will exist;
  3. a result if he or she means to bring it about or is aware that it will occur in the ordinary course of events.

Intrust

To deliver something to another in trust;

To commit or surrender something to another with a certain confidence regarding their care of it.

See Entrustment of property


Invalidated

Declared invalid.

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J

Jointly and severally

Each named party has the duty of fully performing the obligations set forth herein and that we have the right to collect the entire balance owed.


Joyful

A delight of the mind, from the consideration of the assured approaching possession of a good.


Judge

To form an opinion or estimation of after careful consideration.

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K

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L

Law

The Word of God being the doctrines and precepts of God, and his revealed will as set out in The Holy Bible;

The natural law of the land.


Lawful

According to God’s law.


Laws of nature

see natural law of the land.


Legislation

Statutes or Acts of Parliament, enacted by a government.


Liable

Obliged in law or equity.


Liberty

The power of acting as one thinks fit, without any restraint or control, except by the laws of nature.


Lie

A criminal falsehood; a falsehood uttered for the purpose of deception; an intentional violation of truth;

False doctrine; an idolatrous picture of God, or a false god;

That which deceives and disappoints confidence.

Genesis 27:18-24
18. And he came unto his father, and said, My father: and he said, Here am I; who art thou, my son?
19. And Jacob said unto his father, I am Esau thy firstborn; I have done according as thou badest me: arise, I pray thee, sit and eat of my venison, that thy soul may bless me.
20. And Isaac said unto his son, How is it that thou hast found it so quickly, my son? And he said, Because the LORD thy God brought it to me.
21. And Isaac said unto Jacob, Come near, I pray thee, that I may feel thee, my son, whether thou be my very son Esau or not.
22. And Jacob went near unto Isaac his father; and he felt him, and said, The voice is Jacob's voice, but the hands are the hands of Esau.
23. And he discerned him not, because his hands were hairy, as his brother Esau's hands: so he blessed him.
24. And he said, Art thou my very son Esau? And he said, I am.


Lien

The right to hold another’s property as security for a debt owed.


Living

Not dead.

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M

Malice

A disposition to injure others without cause, from mere personal gratification or from a spirit of revenge.


Man, men

A living soul made in the image of God.

Genesis 1:27
27. So God created man in his own image, in the image of God created he him; male and female created he them.
Genesis 2:7
7. And the LORD God formed man of the dust of the ground, and breathed into his nostrils the breath of life; and man became a living soul.


Material fact

A fact that is important, significant or essential to the issue or matter at hand.


Meeting of minds

The same understanding and mutual assent of an agreement between two or more parties.

Genesis 29:15-20
15. And Laban said unto Jacob, Because thou [art] my brother, shouldest thou therefore serve me for nought? tell me, what [shall] thy wages [be]?
16. And Laban had two daughters: the name of the elder [was] Leah, and the name of the younger [was] Rachel.
17. Leah [was] tender eyed; but Rachel was beautiful and well favoured.
18. And Jacob loved Rachel; and said, I will serve thee seven years for Rachel thy younger daughter.
19. And Laban said, [It is] better that I give her to thee, than that I should give her to another man: abide with me.
20. And Jacob served seven years for Rachel; and they seemed unto him [but] a few days, for the love he had to her.

Romans 1:10-12
10. Making request, if by any means now at length I might have a prosperous journey by the will of God to come unto you.
11. For I long to see you, that I may impart unto you some spiritual gift, to the end ye may be established;
12. That is, that I may be comforted together with you by the mutual faith both of you and me.


Merriment

Mirth.


Must

To be obliged.

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N

Natural law of the land

A rule of conduct arising out of the natural relations of man established by God, and existing prior to any positive precept.

Thus it is a natural law of the land, that one man should not injure another, and theft and fraud are crimes, independent of any prohibition from a supreme power.


No liability

We have acted in good faith and neither of us are liable to anyone mentioned herein for any damage, loss or prejudice suffered or claimed due to:

  1. the noted statements of fact;
  2. the remedy;
  3. the execution and filing of documents mentioned herein, whether or not the facts therein are correct.

Note

To observe carefully or with particularity.


Noted

Set down in writing.


Notice

A written or printed announcement.


Nullified

Made void; rendered invalid;

Deprived of legal force or efficacy.

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O

Oath

A solemn affirmation or declaration, made with an appeal to God for the truth of what is affirmed.

When the declaration is a promise, the person invokes the vengeance of God if he should fail to fulfill it.
A false oath is called perjury.

Numbers 30:2
2. If a man vow a vow unto the LORD, or swear an oath to bind his soul with a bond; he shall not break his word, he shall do according to all that proceedeth out of his mouth.


Obligation

A moral duty that renders a person liable to provide remedy for neglecting it.


Obliged

Bound in duty or in law.


Office found

Whomsoever receives this notice is responsible to ensure all addressed parties receive the document.


Ownership

That which belongs to oneself;

To have or possess as property.

Numbers 10:29-30
29. And Moses said unto Hobab, the son of Raguel the Midianite, Moses' father in law, We are journeying unto the place of which the LORD said, I will give it you: come thou with us, and we will do thee good: for the LORD hath spoken good concerning Israel.
30. And he said unto him, I will not go; but I will depart to mine own land, and to my kindred.

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P

Party

A person; a man, woman or corporation.


Period

Any specified portion of time, designated by years, months, days or hours complete.


Person

A living soul.

Includes a body politic or corporate as well as an individual.


Personal

Belonging to an individual and private in actions or character.


Possession

The fact or act of having some thing because you have obtained it, whether lawfully or by theft, or it belongs to you.

Genesis 31:34-35
34. Now Rachel had taken the images, and put them in the camel's furniture, and sat upon them. And Laban searched all the tent, but found them not.
35. And she said to her father, Let it not displease my lord that I cannot rise up before thee; for the custom of women is upon me. And he searched, but found not the images.


Précis

A brief summary of something presented.


Principal

Chief; highest in rank or importance;

A beneficiary.


Private

Belonging to or concerning an individual only.


Procuration

The act of obtaining or getting; procurement.


Proper

That which is fit, suitable, adapted, and correct.


Property

Any thing that is owned by a person or entity, whether real or personal, tangible or intangible, legal or equitable.


Proof

The establishment or refutation of an alleged fact by evidence.


Prove

To provide evidence.


Public notice

Notices listed publicly online or in print.

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Q

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R

Reason

The capacity for logical, rational, and analytic thought; intelligence.


Reasonable

To take steps to ascertain whether an action is authorised prior to performing the action.


Rebut

To oppose by argument, plea or countervailing proof.


Recompence

noun: a name of a thing
Compensation or reward to be given for loss or harm suffered or effort made.

Luke 14:12-14
12. Then said he also to him that bade him, When thou makest a dinner or a supper, call not thy friends, nor thy brethren, neither thy kinsmen, nor [thy] rich neighbours; lest they also bid thee again, and a recompence be made thee.
13. But when thou makest a feast, call the poor, the maimed, the lame, the blind:
14. And thou shalt be blessed; for they cannot recompense thee: for thou shalt be recompensed at the resurrection of the just.


Recompense

verb: indicates an action, event, or state
Compensation or reward given for loss or harm suffered or effort made.

Romans 12:17
17. Recompense to no man evil for evil. Provide things honest in the sight of all men.


Rectify

Remedy.


Redress

To set aright.


Remedy

To redress a trespass.


Repent

A sincere deliberate change of mind.

Acts 17:29-31
29. Forasmuch then as we are the offspring of God, we ought not to think that the Godhead is like unto gold, or silver, or stone, graven by art and man’s device.
30. And the times of this ignorance God winked at; but now commandeth all men every where to repent:
31. Because he hath appointed a day, in the which he will judge the world in righteousness by [that] man whom he hath ordained; [whereof] he hath given assurance unto all [men], in that he hath raised him from the dead.


Reproof

Blame expressed to the face;

Censure for a fault;

Reprehension;

Convict, convince, tell a fault, rebuke, reprove.

2 Timothy 3:16-17
16. All scripture [is] given by inspiration of God, and [is] profitable for doctrine, for reproof, for correction, for instruction in righteousness:
17. That the man of God may be perfect, throughly furnished unto all good works.


Respond

To answer.


Responsibility

A duty, obligation, or burden.


Restitution

Recompense for injury or loss;

To compensate or give in return.

Exodus 22:2-3
2. If a thief be found breaking up, and be smitten that he die, [there shall] no blood [be shed] for him.
3. If the sun be risen upon him, [there shall be] blood [shed] for him; [for] he should make full restitution; if he have nothing, then he shall be sold for his theft.


Restoration

The act of restoring some thing to a former or original condition;

The return of some thing, especially something lost or stolen to its lawful owner.

1 Samuel 12:3
3. Behold, here I am: witness against me before the LORD, and before his anointed: whose ox have I taken? or whose ass have I taken? or whom have I defrauded? whom have I oppressed? or of whose hand have I received any bribe to blind mine eyes therewith? and I will restore it you.


Restore

To return to a person, that which was delivered you to keep and unjustly detained;

To give some thing stolen, taken away, or lost back to the original owner or recipient.

To make restitution or satisfaction for a thing taken, by returning something else, or something of different value;

Leviticus 6:4-5
4. Then it shall be, because he hath sinned, and is guilty, that he shall restore that which he took violently away, or the thing which he hath deceitfully gotten, or that which was delivered him to keep, or the lost thing which he found,
5. Or all that about which he hath sworn falsely; he shall even restore it in the principal, and shall add the fifth part more thereto, [and] give it unto him to whom it appertaineth, in the day of his trespass offering.

Proverbs 6:30-31
30. [Men] do not despise a thief, if he steal to satisfy his soul when he is hungry;
31. But [if] he be found, he shall restore sevenfold; he shall give all the substance of his house.


Revoked

Invalidated or caused to no longer be in effect, as by voiding or cancelling.


Right, rights

Liberty.


Righteousness

Equity;

Purity of heart and rectitude of life;

Conformity of heart and life to God’s law.

2 Timothy 3:16-17
16. All scripture [is] given by inspiration of God, and [is] profitable for doctrine, for reproof, for correction, for instruction in righteousness:
17. That the man of God may be perfect, throughly furnished unto all good works.

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S

Safeguard

To prevent loss, theft, destruction, or damage.


Set at naught

To disregard or scorn;

To treat as unworthy of respect or consideration.


Settled

Established.


Settlor

The person who transfers any property or business to a trustee in trust for the use of another.


Silence

Implies concurrence;

The absence of dissent.


Sincerely

Honestly;

Without simulation or disguise.


Soul

The spiritual, rational and immortal substance in man, which distinguishes him from the visible creation.


Special appearance

Our appearance in court for the sole purpose of challenging the court’s assertion of personal jurisdiction over us.


Stipulation

Agreement; contract.


Subvert

To overthrow or destroy something established, or to cause to serve a different purpose.

Lamentations 3:36
36. To subvert a man in his cause, the Lord approveth not.

2 Timothy 2:11-14 11. It is a faithful saying: For if we be dead with him, we shall also live with him:
12. If we suffer, we shall also reign with him: if we deny him, he also will deny us:
13. If we believe not, yet he abideth faithful: he cannot deny himself.
14. Of these things put them in remembrance, charging them before the Lord that they strive not about words to no profit, but to the subverting of the hearers.

Titus 3:10-11
10. A man that is an heretick after the first and second admonition reject;
11. Knowing that he that is such is subverted, and sinneth, being condemned of himself.


Successors, nominees and assigns

The terms agreed herein are binding even when you die or assign your obligation to another, then your estate, heirs and successors, or the person who thus receives your obligation, are bound by your agreement.


Superior claim

Possessing or accorded a priority, advantage, or privilege.

Genesis 15:3-4
3. And Abram said, Behold, to me thou hast given no seed: and, lo, one born in my house is mine heir.
4. And, behold, the word of the LORD came unto him, saying, This shall not be thine heir; but he that shall come forth out of thine own bowels shall be thine heir.

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T

Tacit

Existing, inferred, or understood without being openly expressed or stated, implied by silence or silent acquiescence.


Theft

A criminal act that deprives a person of his property held in trust without his consent;

The act of stealing;

Genesis 31:30-35
30. And now, though thou wouldest needs be gone, because thou sore longedst after thy father's house, yet wherefore hast thou stolen my gods?
31. And Jacob answered and said to Laban, Because I was afraid: for I said, Peradventure thou wouldest take by force thy daughters from me.
32. With whomsoever thou findest thy gods, let him not live: before our brethren discern thou what is thine with me, and take it to thee. For Jacob knew not that Rachel had stolen them.
33. And Laban went into Jacob's tent, and into Leah's tent, and into the two maidservants' tents; but he found them not. Then went he out of Leah's tent, and entered into Rachel's tent.
34. Now Rachel had taken the images, and put them in the camel's furniture, and sat upon them. And Laban searched all the tent, but found them not.
35. And she said to her father, Let it not displease my lord that I cannot rise up before thee; for the custom of women is upon me. And he searched, but found not the images.

In law, the private, unlawful, felonious taking of another person's goods or movables, with an intent to steal them.

To constitute theft the taking must be in private or without the owner's knowledge, and it must be unlawful or felonious, that is, it must be with a design to deprive the owner of his property privately and against his will.

Theft differs from robbery, as the latter is a violent taking from the person, and not private.


The Holy Bible

The Holy Bible, Authorized King James Version.


Tort

A wrongful act for which a remedy may be obtained;

Any wrong or injury done to the person or property of another, as trespass, assault and battery, defamation and the like.


Tort-feaser

An individual who commits a wrongful act that injures another and for which the law provides a right to seek relief.


To wit

That is to say; namely; specifically.


Transfer of title

Change of ownership of property.

A trustee takes legal title of the trust property but the trustee does not have the right to receive any benefits from the property, the right to benefit from the property, known as equitable title, belongs to the beneficiary.


Trespass

An unlawful act committed against the person or property of another; a wrongful act against property.


Trespass to conversion

A wrongful act that deprives the owner of their just possession.


Trust

A relationship created at the direction of an individual, in which one or more persons hold the individual’s property subject to certain duties to use and or protect it for the benefit of others;

Confidence; a reliance or resting of the mind on the integrity, veracity, justice, friendship or other sound principle of another person.

Psalms 31:19
19. Oh how great is thy goodness, which thou hast laid up for them that fear thee; which thou hast wrought for them that trust in thee before the sons of men!

That which is committed to one's care;

Never violate a sacred trust

Genesis 2:15
15. And the LORD God took the man, and put him into the garden of Eden to dress it and to keep it.

Something committed to a person's care for use or management, and for which an account must be rendered.

Every man's talents and advantages are a trust committed to him by God, and for the use or employment of which he is accountable.

Ephesians 2:10
10. For we are his workmanship, created in Christ Jesus unto good works, which God hath before ordained that we should walk in them.

Romans 14:11-12
11. For it is written, [As] I live, saith the Lord, every knee shall bow to me, and every tongue shall confess to God.
12. So then every one of us shall give account of himself to God.


Trust legislation

The trust legislation of the Commonwealth and the Australian Capital Territory.


Trust property

Property;

A limited interest in property;

A chose in action.


Trustee

The person to whom any property or business is transferred in trust for the benefit of another.

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U

Unconscionable

Shockingly unfair or unjust;

Morally unacceptable;

Not guided or controlled by conscience.


Unimpeachable

Beyond reproach; blameless.

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V

Verifiable

That may be proved or confirmed by incontestable evidence to be true.


Vexation

Afflictive; teasing.


Violation

The contravention of a right or duty.


Voided

Annulled; invalidated.

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W

Waive

To voluntarily refrain from pressing or enforcing terms and conditions.


Will

The different operations of the mind, soul, or intellectual part of man.

In other words, we reason with respect to the value or importance of things; we then judge which is to be preferred; and we will to take the most valuable.


Wist not

see ignornace excuses not.


Without prejudice

Specific to dispute resolution:


Woman, women

A living soul.

Genesis 1:27
27. So God created man in his own image, in the image of God created he him; male and female created he them.
Genesis 2:7
7. And the LORD God formed man of the dust of the ground, and breathed into his nostrils the breath of life; and man became a living soul.

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#definitions #index