A mainpernor is an individual who guarantees the presence of a prisoner in court on a specific day. Unlike bail, they do not have the authority to detain or surrender the person prior to the court date. Mainpernors were historically utilised as a type of bail and were accountable for ensuring the prisoner’s appearance in court. The term originates from the Old French words “main” which translates to “hand” and “pernor” which means “taker”.
A mainpernor is a person who guarantees a prisoner’s appearance in court and is responsible for ensuring that the prisoner appears on a specified date and time. For example, if John is arrested and needs to appear in court, his friend Tom can act as his mainpernor and will be responsible for ensuring John’s appearance. Mainpernors differ from bail in that they cannot imprison or surrender the person before the stipulated day of appearance. They are only sureties for the person’s appearance on the specified date and are bound to produce them to answer all charges. A writ of mainprise can be taken to release a prisoner after taking security for their appearance, ordering the sheriff to release the prisoner on the surety of a mainpernor.
A Mainpernor is a legal term used to refer to a surety or guarantor who provides security or assurance for the performance of a contract or obligation by another party.
The main responsibilities of a Mainpernor include ensuring the performance of the contract or obligation by the principal party, paying any damages or losses incurred due to the principal’s failure, and fulfilling any other obligations as specified in the agreement.
Yes, a Mainpernor can be held liable for the actions or non-performance of the principal party. They are legally bound to fulfill the obligations of the principal if the principal fails to do so.
The liability of a Mainpernor can vary depending on the terms of the agreement. In some cases, the liability may be limited to a specific amount or duration, while in others, it may be unlimited.
In general, a Mainpernor cannot withdraw from their obligations unless there is a provision in the agreement allowing for such withdrawal. However, withdrawing from obligations may have legal consequences and could result in legal action against the Mainpernor.
In certain circumstances, a Mainpernor may be replaced by another party if all parties involved agree to the substitution. However, this would require an amendment to the original agreement and the consent of all relevant parties.
Yes, a Mainpernor may be entitled to recover their expenses from the principal if they have incurred costs due to the principal’s failure to perform their obligations. However, this would depend on the specific terms of the agreement.
A Mainpernor can be released from their obligations if the principal party fulfills their obligations or if there is a mutual agreement to release the Mainpernor from their responsibilities. However, this would require a formal release or amendment to the original agreement.
Yes, a Mainpernor can be held liable for damages caused by the principal’s negligence if it is specified in the agreement or if the negligence is directly related to the performance of the contract or obligation.
In general, a Mainpernor is not responsible for the principal’s debts unless they have specifically agreed to be liable for such debts in the agreement. However, it is important to review the terms of the agreement to determine the extent of the Mainpernor’s liability.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 16th April 2024.
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