Surcharge
Dictionary of Terms and Phrases Used in American or English Jurisprudence · Benjamin Vaughan Abbott · 1879
Dictionary of Terms and Phrases Used in American or English Jurisprudence
An overcharge; an exaction, impost, or incumbrance beyond what is just and right, or beyond one's authority or power. Surcharge may mean a second or further mortgage.
Wharton.
Surcharge and falsify. These words are commonly used together, of a proceeding in equity, to obtain relief against an account alleged to be erroneous. They relate, however, to distinct kinds of relief. To surcharge applies to the balance of the whole account, and supposes credits to be omitted which ought to be allowed. To falsify applies to a wrong charge in the debits, and supposes that that item is, in whole or in part, erroneous. The phrase surcharge and falsify denotes the liberty which the courts of chancery will occasionally grant to a plaintiff wli'o disputes an account which the defendant alleges is settled, to scrutinize particular items therein without opening the entire account. Brown. If, in an account stated, there is any mistake, omission, accident, or fraud, hy which in some cases, by directing the whole account to be opened and taken de novo; in others, by allowing it to stand, with liberty to the plaintiff to surcharge and falsify. To surcharge is to show an omission of something for which credit ought to have been given; and to falsify is to prove an item among the charges to ave been wrongly inserted. Smi& Man. Eq. Surcharge of the forest, or of common, signifies the putting in the forest or on the common more beasts than one has a right to put.
Brown.