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pledge 音標拼音: [pl'ɛdʒ] n. 保證,誓言,抵押
vt. 保證,使發誓,抵押,典當,舉杯祝…健康 保証,誓言,抵押保証,使發誓,抵押,典當,舉杯祝…健康 pledge n 1: a deposit of personal property as security for a debt; " his saxophone was in pledge" 2: someone accepted for membership but not yet fully admitted to the group 3: a drink in honor of or to the health of a person or event [ synonym: { pledge}, { toast}] 4: a binding commitment to do or give or refrain from something; " an assurance of help when needed"; " signed a pledge never to reveal the secret" [ synonym: { assurance}, { pledge}] v 1: promise solemnly and formally; " I pledge that I will honor my wife" [ synonym: { pledge}, { plight}] 2: pay ( an amount of money) as a contribution to a charity or service, especially at regular intervals; " I pledged $ 10 a month to my favorite radio station" [ synonym: { pledge}, { subscribe}] 3: propose a toast to; " Let us toast the birthday girl!"; " Let' s drink to the New Year" [ synonym: { toast}, { drink}, { pledge}, { salute}, { wassail}] 4: give as a guarantee; " I pledge my honor" 5: bind or secure by a pledge; " I was pledged to silence" Pledge \ Pledge\, n. [ OF. plege, pleige, pledge, guaranty, LL. plegium, plivium; akin to OF. plevir to bail, guaranty, perhaps fr. L. praebere to proffer, offer ( sc. fidem a trust, a promise of security), but cf. also E. play. [ root] 28. Cf. { Prebend}, { Replevin}.] 1. ( Law) The transfer of possession of personal property from a debtor to a creditor as security for a debt or engagement; also, the contract created between the debtor and creditor by a thing being so delivered or deposited, forming a species of bailment; also, that which is so delivered or deposited; something put in pawn. [ 1913 Webster] Note: Pledge is ordinarily confined to personal property; the title or ownership does not pass by it; possession is essential to it. In all these points it differs from a mortgage [ see { Mortgage}]; and in the last, from the hypotheca of the Roman law. See { Hypotheca}. -- Story. Kent. [ 1913 Webster] 2. ( Old Eng. Law) A person who undertook, or became responsible, for another; a bail; a surety; a hostage. " I am Grumio' s pledge." -- Shak. [ 1913 Webster] 3. A hypothecation without transfer of possession. [ 1913 Webster] 4. Anything given or considered as a security for the performance of an act; a guarantee; as, mutual interest is the best pledge for the performance of treaties. " That voice, their liveliest pledge of hope." -- Milton. [ 1913 Webster] 5. A promise or agreement by which one binds one' s self to do, or to refrain from doing, something; especially, a solemn promise in writing to refrain from using intoxicating liquors or the like; as, to sign the pledge; the mayor had made no pledges. [ 1913 Webster] [ 1913 Webster] 6. A sentiment to which assent is given by drinking one' s health; a toast; a health. [ 1913 Webster] { Dead pledge}. [ A translation of { LL}. mortuum vadium.] ( Law) A mortgage. See { Mortgage}. { Living pledge}. [ A translation of LL. vivum vadium.] ( Law) The conveyance of an estate to another for money borrowed, to be held by him until the debt is paid out of the rents and profits. { To hold in pledge}, to keep as security. { To put in pledge}, to pawn; to give as security. [ 1913 Webster] Syn: See { Earnest}. [ 1913 Webster]
Pledge \ Pledge\, v. t. [ imp. & p. p. { Pledged}; p. pr. & vb. n. { Pledging}.] [ Cf. OF. pleiger to give security. See { Pledge}, n.] 1. To deposit, as a chattel, in pledge or pawn; to leave in possession of another as security; as, to pledge one' s watch. [ 1913 Webster] 2. To give or pass as a security; to guarantee; to engage; to plight; as, to pledge one' s word and honor. [ 1913 Webster] We mutually pledge to each other our lives, our fortunes, and our sacred honor. -- The Declaration of Independence. [ 1913 Webster] 3. To secure performance of, as by a pledge. [ Obs.] [ 1913 Webster] To pledge my vow, I give my hand. -- Shak. [ 1913 Webster] 4. To bind or engage by promise or declaration; to engage solemnly; as, to pledge one' s self. [ 1913 Webster] 5. To invite another to drink, by drinking of the cup first, and then handing it to him, as a pledge of good will; hence, to drink the health of; to toast. [ 1913 Webster] Pledge me, my friend, and drink till thou be' st wise. -- Cowley. [ 1913 Webster] 187 Moby Thesaurus words for " pledge": Bible oath, Greek, accounts payable, accounts receivable, affiliate, agree, amount due, associate, assurance, assure, avouch, avouchment, avow, bad debts, bail, belonger, bib, bill, bills, bind, bond, booze, borrowing, bottomry, brother, card- carrier, card- carrying member, cardholder, charges, charter member, cheer, chip in, chits, clubber, clubman, clubwoman, collateral, commit, committeeman, comrade, confide, consign, contract, contribute, contribute to, conventioneer, conventioner, conventionist, countersign, covenant, debt, deposit, dip, donate to, drain the cup, drink, drink in, drink off, drink to, drink up, due, dues, dues- paying member, earnest, earnest money, engage, enlistee, enrollee, entrust, escrow, extrajudicial oath, faith, fellow, financial commitment, floating debt, fraternity man, funded debt, gage, gift, gift with, give to, go bail, guarantee, guaranty, guildsman, guzzle, handsel, health, hock, honorary member, hostage, hypothecate, imbibe, impignorate, indebtedness, indebtment, initiate, insider, ironclad oath, joiner, judicial oath, kick in, liability, life member, loyalty oath, mainprise, make a promise, make imperative, make incumbent, maturity, member, mortgage, national debt, oath, oath of allegiance, oath of office, obligate, obligation, oblige, official oath, one of us, outstanding debt, parole, pass, pawn, pignus, plight, pop, post, promise, public debt, pull, put in hock, put in pawn, put up, quaff, recognizance, replevin, replevy, require, saddle with, score, security, sip, sister, socius, solemn declaration, solemn oath, sorority girl, sorority woman, spout, stake, subscribe, suck, suck in, suckle, sup, surety, swear, sweeten the kitty, swig, swill, test oath, tie, tipple, toast, token, token payment, toss down, toss off, tribute, troth, uncollectibles, undertake, undertaking, underwrite, unfulfilled pledge, vadimonium, vadium, vouch, vouchsafe, vow, warrant, warranty, wash down, word, word of honorPledge See { LOAN}. PLEDGE or PAWN, contracts. These words seem indifferently used to convey the same idea. Story on Bailm. Sec. 286. 2. In the civil code of Louisiana, however, they appear not to have exactly the same meaning. It is there said that pledges are of two kinds, namely, the pawn, and the antichresis. Louis'. Code, art. 3101. 3. Sir William Jones defines a pledge to be a bailment of goods by a debtor to his creditor, to be kept till the debt is discharged. Jones' Bailm. 117; Id. 36. Chancellor Kent, 2 Kent' s Com. 449, follows the same definition, and see 1 Dane' s Abr. c. 17, art. 4. Pothier, De Nantissement, art. prelim. 1, defines it to be a contract by which a debtor gives to his creditor a thing to detain as security for his debt. The code Napoleon has adopted this definition, Code Civ. art. 2071, and the Civil Code of Louisiana has followed it. Louis. Code, 3100. Lord Holt' s definition is, when goods or chattels are delivered to another as a pawn, to be security for money borrowed of him by the bailor and this, he adds, is called in Latin vadium, and in English, a pawn or pledge. Ld. Raym. 909, 913. 4. The foregoing definitions are sufficiently descriptive of the nature of a pawn or pledge but they are in terms limited to cues where a thing is given as a security for a debt; but a pawn may well be made as security for any other engagement. 2 Bulst. 306; Pothier, De Nantissement, n. 11. The definition of Domat is, therefore, more accurate, because it is more comprehensive, namely, that it is an appropriation of the thing given for the security of an engagement. Domat, B. 3, tit. 1, Sec. 1, n. 1. And, according to Judge Story, it may be defined to be a bailment of personal property, as security for some debt or engagement. Story on Bailm. Sec. 286. 5. The term pledge or pawn is confined to personal property; and where real or personal property is transferred by a conveyance of the title, as a security, it is commonly denominated a mortgage. 6. A mortgage of goods is, in the common law, distinguishable from a mere pawn. By a grant or a conveyance of goods in gage or mortgage, the whole legal title passes conditionally to the mortgagee; and if not redeemed at the time stipulated, the title becomes absolute at law, though equity will interfere to compel a redemption. But in a pledge a special property only passes to the pledges, the general property remaining in the pledger. 1 Atk. 167; 6 East, 25; 2 Caines' C. Err. 200; 1 Pick. 889; 1 Pet. S. C. B. 449 2 Pick. R. 610; 5 Pick. R. 60; 8. Pick. R. 236; 9 Greenl. R. 82; 2 N. H. Rep. 13; 5 N. H. Rep. 545; 5 John. R. 258; 8 John. R. 97; 10 John. R. 471; 2 Hall, R. 63; 6 Mass. R. 425; 15 Mass. R. 480. A mortgage may be without possession, but a pledge cannot be without possession. 5 Pick. 59, 60; and see 2 Pick. 607. 7. Things which are the subject of pledge or pawn are ordinarily goods and chattels; but money, negotiable instruments, choses in action, and indeed any other valuable thing of a personal nature, such as patent- rights and manuscripts, may, by the common law, be delivered in pledge. 10 Johns. R. 471, 475; 12 Johns. R. 146; 10 Johns. R. 389; 2 Blackf. R. 198; 7 Greenl. R. 28; 2 Taunt. R. 268; 13 Mass. 105; 15 Mass. 389; Id. 534; 2 Caines' C. Err. 200; 1 Dane' s Abr. ch. 17, art. 4, Sec. ii. See Louis. Code, art. 3121. 8. It is of the essence of the contract, that there should be an actual delivery of the thing. 6 Mass. 422; 15 Mass. 477 14 Mass. 352; 2 Caines' C. Err. 200; 2 Kent' s Com. 452; Bac. Abr. Bailment, B; 2 Rolle R. 439; 6 Pick. R. 59, 60; Pothier, De Nantissement, n. 8, 9; Louis. Code, 3129. What will amount to a delivery, is matter of law. See Delivery. 9. It is essential that the thing should be delivered as a security for some debt or engagement. Story on Bailm. Sec. 300. And see 3 Cranch, 73; 7 Cranch, 34; 2 John. Ch. R. 309; 1 Atk. 236; Prec. in Ch. 419; 2 Vern. 691; Gilb. Eq. R. 104; 6 Mass. 339; Pothier, Nantissement, n. 12; Civ. Code of Lo. art. 3119; Code Civ. art. 2076. 10. In virtue of the pawn the pawnee acquires, by the common law, a special property in the thing, and is entitled to the possession of it exclusively, during the time and for the objects for which it is pledged. 2 Bl. Com. 396; Jones' Bailm. 80; Owen R. 123, 124; 1 Bulst. 29; Yelv. 178 Cro. Jac. 244; 2 Ld. Raym. 909, 916; Bac. Abr. Bailment, B; 1 Dane' s Abr. ch. 17, art. 4, SSSS 1, 6; Code Civ. art. 2082; Civ. Code of Lo. art. 3131. And he has a right to sell the pledge, when there has been a default in the pledger in complying with his engagement. Such a default does not divest the general property of the pawner, but still leaves him a right of redemption. But if the, pledge is not redeemed within the stipulated time, by a due performance of the contract for which it is a security, the pawnee has then a right to sell it, in order to have his debt or indemnity. And if there is no stipulated time for the payment of the debt, but the pledge is for an indefinite period, the pawnee has a right, upon request, to a prompt fulfillment of the agreement; and if the pawner refuses to comply, the pawnee may, upon demand and notice to the pawner, require the pawn to be sold. 2 Kent' s Com. 452; Story on Bailm. 308. 11. The pawnee is bound to use ordinary diligence in keeping the pawn, and consequently is liable for ordinary neglect in keeping it. Jones' Bailm. 75; 2 Kent' s Com. 451; 1 Dane' s Abr. ch. 17, art. 12; 2 Ld. Raym, 909, 916; Domat B 1, tit. 1, Sec. 4, n. 1. 12. The pawner has the right of redemption. If the pledge is conveyed by way of mortgage, and thus passes the legal title, unless he redeems the pledge at a stipulated time, the title of the pledge becomes absolute at law; and the pledger has no remedy at law, but only a remedy in equity to redeem. 2 Ves. Jr. 378; 2 Caines' C. Err. 200. If, however, the transaction is not a transfer of ownership, but a mere pledge, as the pledger has never parted with the general title, he may, at law, redeem, notwithstanding he has not strictly complied with the condition of his contract. Com. Dig. Mortgage, B; 1 Pow. on Mortg. by Coventry & Land. 401, and notes, ibid. See further, as to the pawner' s right of redemption, Story on Bailm. Sec. 345 to 349. 13. By the act of pawning, the pawner enters into an implied agreement or warranty that he is the owner of the property pawned, and that he has a good right to pass the title. Story on Bailm. Sec. 354. 14. As to the manner of extinguishing the contract of pledge or mortgage of personal property, see Story on Bailm. 359 to 366.
PLEDGE, contracts. He who becomes security for another, and, in this sense, every one who becomes bail for another is a pledge. 4 Inst. 180 Com. Dig. B. See Pledges.
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