Terms Used In Delaware Code > Title 5 > Chapter 27 - Cashing of Checks, Drafts or Money Orders

• Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
• Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
• Arrest: Taking physical custody of a person by lawful authority.
• Attorney-at-law: A person who is legally qualified and licensed to practice law, and to represent and act for clients in legal proceedings.
• Authority: means a body politic and corporate created pursuant to this chapter. See Delaware Code Title 22 Sec. 502
• Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
• Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. ^{Source: OCC}
• Board: means the governing body of the authority. See Delaware Code Title 22 Sec. 502
• Bonds: means and includes the notes, bonds and other evidence of indebtedness or obligations which the authority is authorized to issue pursuant to § 504 of this title. See Delaware Code Title 22 Sec. 502
• Bonds: means any bonds, interim certificates, notes, debentures or other obligations of a company issued under this chapter. See Delaware Code Title 22 Sec. 1302
• Car sharing delivery period: means the period of time during which a shared vehicle is being delivered to the location of the car sharing start time, if applicable, as documented by the governing car sharing program agreement. See Delaware Code Title 21 Sec. 8602
• Car sharing period: means the period of time that commences with the car sharing delivery period or, if there is no car sharing delivery period, that commences with the car sharing start time and in either case ends at the car sharing termination time. See Delaware Code Title 21 Sec. 8602
• Car sharing program agreement: means the terms and conditions applicable to a shared vehicle owner and a shared vehicle driver that govern the use of a shared vehicle through a peer-to-peer car sharing program. See Delaware Code Title 21 Sec. 8602
• Car sharing start time: means the time when the shared vehicle becomes subject to the control of the shared vehicle driver at or after the time the reservation of a shared vehicle is scheduled to begin as documented in the records of a peer-to-peer car sharing program. See Delaware Code Title 21 Sec. 8602
• Car sharing termination time: means the earliest of any of the following events:

  a. See Delaware Code Title 21 Sec. 8602

• certificate of incorporation: as used in this chapter , unless the context requires otherwise, includes not only the original certificate of incorporation filed to create a corporation but also all other certificates, agreements of merger or consolidation, plans of reorganization, or other instruments, howsoever designated, which are filed pursuant to § 102, §§ 133-136, § 151, §§ 241-243, § 245, §§ 251-258, §§ 263-264, § 267, § 303, §§ 311-313, or any other section of this title, and which have the effect of amending or supplementing in some respect a corporation's certificate of incorporation. See Delaware Code Title 8 Sec. 104
• Charter amendment: means language which will amend, adopt or repeal a municipal charter. See Delaware Code Title 22 Sec. 801
• Chief executive officer: means the mayor if such there be or, if there be none, then it means the president of the legislative body of a municipal corporation or, if there be none, then it means the presiding officer of the legislative body of a municipal corporation. See Delaware Code Title 22 Sec. 801
• City: means incorporated city or town. See Delaware Code Title 22 Sec. 502
• Commissioner: means the State Bank Commissioner. See Delaware Code Title 5 Sec. 2701
• Committee: means the Cabinet Committee on State Planning Issues established pursuant to § 9101 of Title 29. See Delaware Code Title 22 Sec. 1902
• Compact administrator: means the Secretary of Transportation. See Delaware Code Title 21 Sec. 8111
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Construction: means and includes acquisition and construction, and "to construct" means and includes to acquire and to construct, all in such manner as may be deemed desirable. See Delaware Code Title 22 Sec. 502
• Continuance: Putting off of a hearing ot trial until a later time.
• Contracting municipality: means a municipality which contracts to establish an electric company under this chapter. See Delaware Code Title 22 Sec. 1302
• Conviction: A judgement of guilt against a criminal defendant.
• Department: means the Department of Natural Resources and Environmental Control, unless stated otherwise in this chapter. See Delaware Code Title 23 Sec. 2112
• Devise: To gift property by will.
• district: means an area within a municipality or unincorporated area designated as a Downtown Development District in accordance with the provisions of this chapter. See Delaware Code Title 22 Sec. 1902
• District plan: means the strategic plan or other detailed description of the overall strategy for the development of a proposed district submitted by the municipality or unincorporated area as part of its application for district designation. See Delaware Code Title 22 Sec. 1902
• Downtown: means that portion of a city, town, or unincorporated area that traditionally comprises its downtown or central business district, as determined by such city, town, or unincorporated area in accordance with guidelines promulgated by the Office. See Delaware Code Title 22 Sec. 1902
• DSHA: means the Delaware State Housing Authority. See Delaware Code Title 22 Sec. 1902
• Escrow: Money given to a third party to be held for payment until certain conditions are met.
• Executive head: means the Governor. See Delaware Code Title 21 Sec. 8111
• facilities: means lot or lots, buildings and structures above, at or below the surface of the earth, including equipment, entrances, exits, fencing and all other accessories necessary or desirable for the safety and convenience of the parking of vehicles. See Delaware Code Title 22 Sec. 502
• Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
• Federal agency: means and includes the United States of America, the President of the United States of America and any department or corporation agency or instrumentality heretofore or hereafter created, designated or established by the United States of America. See Delaware Code Title 22 Sec. 502
• Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
• Fish and Wildlife Agent: means a law-enforcement officer employed by the Department of Natural Resources and Environmental Control pursuant to this title and § 8003(13) of Title 29. See Delaware Code Title 23 Sec. 2112
• Fraud: Intentional deception resulting in injury to another.
• Germane: On the subject of the pending bill or other business; a strict standard of relevance.
• Improvement: means and includes extension, enlargement and improvement, and "to improve" means and includes to extend, to enlarge and to improve, all in such manner as may be deemed desirable. See Delaware Code Title 22 Sec. 502
• Income: means all income from whatever source derived including, but not limited to, realized capital gains and, in their entirety, pension, annuity, retirement and social security benefits. See Delaware Code Title 22 Sec. 1001
• Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. ^{Source: FDIC}
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Joint tenancy: A form of property ownership in which two or more parties hold an undivided interest in the same property that was conveyed under the same instrument at the same time. A joint tenant can sell his (her) interest but not dispose of it by will. Upon the death of a joint tenant, his (her) undivided interest is distributed among the surviving joint tenants.
• Licensed casher of checks: means any individual, partnership, unincorporated association or corporation duly licensed by the State Bank Commissioner to engage in business pursuant to this chapter. See Delaware Code Title 5 Sec. 2701
• Licensee: means a licensed casher of checks, drafts or money orders. See Delaware Code Title 5 Sec. 2701
• Licensing authority: means the Department of Transportation. See Delaware Code Title 21 Sec. 8111
• Life estate: A property interest limited in duration to the life of the individual holding the interest (life tenant).
• Limited station: means that the licensee is authorized to carry on the licensee's business of cashing checks for the employees of a single and particular business or office, and at a single location at or near such particular business or office site. See Delaware Code Title 5 Sec. 2701
• Mobile unit: means any vehicle or other movable means from which the business of cashing checks, drafts or money orders is to be conducted. See Delaware Code Title 5 Sec. 2701
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• Mortgagee: The person to whom property is mortgaged and who has loaned the money.
• Municipal corporation: includes all cities, towns and villages created before or after December 28, 1961, under any general or special law of this State for general governmental purposes which possess legislative, administrative and police powers for the general exercise of municipal functions and which carry on such functions through a set of elected and other officials. See Delaware Code Title 22 Sec. 801
• Municipal electric company: means a public corporation created by contract between 2 or more municipalities under this chapter. See Delaware Code Title 22 Sec. 1302
• Municipality: means any incorporated town or city of this State. See Delaware Code Title 22 Sec. 1902
• Municipality: means any county, incorporated city or incorporated town of this State. See Delaware Code Title 22 Sec. 502
• Municipality: means any incorporated town or city of this State. See Delaware Code Title 22 Sec. 1001
• Municipality: means a city or town. See Delaware Code Title 22 Sec. 1302
• National Bank: A bank that is subject to the supervision of the Comptroller of the Currency. The Office of the Comptroller of the Currency is a bureau of the U.S. Treasury Department. A national bank can be recognized because it must have "national" or "national association" in its name. ^{Source: OCC}
• Oath: includes affirmation in all cases where an affirmation may be substituted for an oath, and "sworn" includes affirmed; and the forms shall be varied accordingly. See Delaware Code Title 1 Sec. 302
• Oath: A promise to tell the truth.
• Office: means the Office of State Planning Coordination. See Delaware Code Title 22 Sec. 1902
• Peer-to-peer car sharing: means the authorized use of a vehicle by an individual other than the vehicle's owner through a peer-to-peer car sharing program. See Delaware Code Title 21 Sec. 8602
• Peer-to-peer car sharing program: means a business platform that connects vehicle owners with drivers to enable the sharing of vehicles for financial consideration. See Delaware Code Title 21 Sec. 8602
• Person: means a natural person, a public agency, cooperative or private corporation, association, firm, statutory trust, partnership or business trust of any nature whatsoever, organized and existing under the laws of any state or of the United States. See Delaware Code Title 22 Sec. 1302
• Persons: means and includes natural persons. See Delaware Code Title 22 Sec. 502
• Physical injury: means impairment of physical condition or substantial pain. See Delaware Code Title 23 Sec. 2112
• Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
• Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. ^{Source: OCC}
• Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
• Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
• Prior Uniform Commercial Code: means the Uniform Commercial Code as in effect prior to the effective date of this Act. See Delaware Code Title 6 Sec. 11-101
• Probable cause: A reasonable ground for belief that the offender violated a specific law.
• Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
• Project: means any plant, works, system, facilities and real and personal property of any nature whatsoever, together with all parts thereof and appurtenances thereto, used or useful in the generation, production, transmission, distribution, purchase, sale, exchange or interchange of electric power and energy, or any interest therein or right to capacity thereof and the acquisition of fuel of any kind for any such purposes, including, but not limited to, the acquisition of fuel deposits and the acquisition or construction and operation of facilities for extracting fuel from natural deposits, for converting it for use in another form, for burning it in place, for transportation, storage and reprocessing or for any energy conservation measure which involves public education or the actual fitting and application of a device. See Delaware Code Title 22 Sec. 1302
• Project: means any structure, facility or undertaking which the authority is authorized to acquire, construct, improve, maintain or operate under this chapter. See Delaware Code Title 22 Sec. 502
• Public agency: means any municipality or other municipal corporation, political subdivision, government unit or public corporation created under the laws of this State or of another state or of the United States, and any state or the United States, and any person, board or other body declared by the laws of any state or the United States to be a department, agency or instrumentality thereof. See Delaware Code Title 22 Sec. 1302
• Resident: means one legally domiciled within the municipality for the period required by this chapter. See Delaware Code Title 22 Sec. 1001
• Revised Uniform Commercial Code: means the Uniform Commercial Code as amended by this Act. See Delaware Code Title 6 Sec. 11-101
• Secretary: means the Secretary of the Department of Natural Resources and Environmental Control, unless otherwise stated in this chapter. See Delaware Code Title 23 Sec. 2112
• Serious physical injury: means physical injury which creates a substantial risk of death, or which causes serious and prolonged disfigurement, prolonged impairment of health or prolonged loss or impairment of the function of any bodily organ. See Delaware Code Title 23 Sec. 2112
• Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
• Shared vehicle: means a vehicle that is available for sharing through a peer-to-peer car sharing program. See Delaware Code Title 21 Sec. 8602
• Shared vehicle driver: means an individual who has been authorized to drive the shared vehicle by the shared vehicle owner under a car sharing program agreement. See Delaware Code Title 21 Sec. 8602
• Shared vehicle owner: means the registered owner, or a person or entity designated by the registered owner of a vehicle made available for sharing to shared vehicle drivers through a peer-to-peer car sharing program. See Delaware Code Title 21 Sec. 8602
• State: means the District of Columbia or the Commonwealth of Puerto Rico or any state, territory, possession, or other jurisdiction of the United States other than the State of Delaware. See Delaware Code Title 6 Sec. 17-101
• State: means the State of Delaware. See Delaware Code Title 23 Sec. 2112
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
• Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. ^{Source: OCC}
• Unincorporated area: means an area of the State having a concentration of population that is not a municipality and that is eligible to apply for and receive district designation in accordance with rules promulgated by the Office. See Delaware Code Title 22 Sec. 1902
• Vessel: shall mean every description of watercraft, other than a seaplane, used or capable of being used as a means of transportation on water or ice. See Delaware Code Title 23 Sec. 2112
• Waterway management: means those activities necessary to provide for the planning, surveying, design, engineering and construction, or other activities directly related to the maintenance of public waterways, including dredging, channel marking, debris and derelict vessel/structure removal, the beneficial use of sediment, and shoreline and bathymetric survey work for commercial or recreational waterways. See Delaware Code Title 23 Sec. 2112
• Writ of certiorari: An order issued by the Supreme Court directing the lower court to transmit records for a case for which it will hear on appeal.