Estreat in United Kingdom

Definition of Estreat

In accordance with the work A Dictionary of Law, this is a description of Estreat : from Old French estraif, ‘an abstract of record’)

1. n. an extract from a record relating to *recognizances and fines.

2. v. To forfeit a recognizance, especially one given by the surety of someone admitted to bail, or to enforce a fine.

Meaning of Estreat

The following is an old definition of Estreat [1]: An extract or copy of an original writing or record, – especially of a fine or amercement, certified to and to be levied by an officer. A recognizance is ” estreated ” when forfeited by failure of the accused to comply with the condition, as by failure to appear: it is then ” extracted,” that is, taken from among the other records and sent to the exchequer, the party and his sureties having become, by breach of the condition, the king’s absolute debtors.

Resources

Notes and References

1. Concept of Estreat provided by the Anderson Dictionary of Law (1889) (Dictionary of Law consisting of Judicial Definitions and Explanations of Words, Phrases and Maxims and an Exposition of the Principles of Law: Comprising a Dictionary and Compendium of American and English Jurisprudence; William C. Anderson; T. H. Flood and Company, Law Publishers, Chicago, United States)