Part 99

And pardon craved for his so rash default.

Spenser.

Regardless of our merit or default.

Pope.

3. (Law) A neglect of, or failure to take, some step necessary to secure the benefit of law, as a failure to appear in court at a day assigned, especially of the defendant in a suit when called to make answer; also of jurors, witnesses, etc.

In default of, in case of failure or lack of.

Cooks could make artificial birds and fishes in default of the real ones.

Arbuthnot.

-- To suffer a default (Law), to permit an action to be called without appearing to answer.

De*fault", v. i. [imp. & p. p. Defaulted; p. pr. & vb. n. Defaulting.] 1. To fail in duty; to offend.

That he gainst courtesy so foully did default.

Spenser.

2. To fail in fulfilling a contract, agreement, or duty.

3. To fail to appear in court; to let a case go by default.

De*fault", v. t. 1. To fail to perform or pay; to be guilty of neglect of; to omit; as, to default a dividend.

What they have defaulted towards him as no king.

Milton.

2. (Law) To call a defendant or other party whose duty it is to be present in court, and make entry of his default, if he fails to appear; to enter a default against.

3. To leave out of account; to omit. [Obs.]

Defaulting unnecessary and partial discourses.

Hales.

De*fault"er (?), n. 1. One who makes default; one who fails to appear in court when court when called.

2. One who fails to perform a duty; a delinquent; particularly, one who fails to account for public money intrusted to his care; a peculator; a defalcator.

De*fea"sance (?), n. [OF. defesance, fr. defesant, F. défaisant, p. pr. of defaire, F. défaire, to undo. See Defeat.] 1. A defeat; an overthrow. [Obs.]

After his foes' defeasance.

Spenser.

2. A rendering null or void.

3. (Law) A condition, relating to a deed, which being performed, the deed is defeated or rendered void; or a collateral deed, made at the same time with a feoffment, or other conveyance, containing conditions, on the performance of which the estate then created may be defeated.