surcharge


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Surcharge

An overcharge or additional cost.

A surcharge is an added liability imposed on something that is already due, such as a tax on tax. It also refers to the penalty a court can impose on a fiduciary for breaching a duty.

In Equity, surcharging means to show that a particular item, in favor of the party surcharging, should be included in an account that is alleged to be settled or complete.

surcharge

n. an additional charge of money made because it was omitted in the original calculation or as a penalty, such as for being late in making a payment.

surcharge

noun added charge, additional charge, excessive burden, excessive charge, extra charge, extra fee, overburden, overcharge, overload, penalty
Associated concepts: identifiable surcharge, surcharge for services
See also: overload

SURCHARGE, chancery practice. When a bill is filed to open an account, stated, liberty is sometimes given to the plaintiff to surcharge and falsify such account. That is, to examine not only errors of fact, but errors of law. 2 Atk. 112; 11 Wheat. 237; 2 Ves. 565.
     2. "These terms, `surcharge,' and `falsify,'" says Mr. Justice Story, 1 Eq. Jur. Sec. 525, "have a distinct sense in the vocabulary of courts of equity, a little removed from that, which they bear in the ordinary language of common life. In the language of common life, we understand `surcharge' to import an overcharge in quantity, or price, or degree, beyond what is just and reasonable. In this sense, it is nearly equivalent to `falsify;' for every item, which is not truly charged, as it should be, is false; and by establishing such overcharge it is falsified. But, in the sense of courts of equity, these words are used in contradistinction to each other. A surcharge is appropriately applied to the balance of the whole account; and supposes credits to be omitted, which ought to be allowed. A falsification applies to some item in the debets; and supposes, that the item is wholly false, or in some part erroneous. This distinction is taken notice of by Lord Hardwicke; and the words used by him are so clear, that they supersede all necessity for farther commentary. `Upon a liberty to the plaintiff to surcharge, and falsify,' says he, `the onus probandi is always on the party having that liberty; for the court takes it as a stated account, and establishes it. But, if any of the parties can show an omission, for which credit ought to be, that is, a surcharge, or if anything is inserted, that is a wrong charge, he is at liberty to show it, and that is a falsification. But that must be by proof on his side. And that makes a great difference between the general cases of an open account, and were only [leave] to surcharge and falsify; for such must be made out."

References in periodicals archive ?
Fined PS55 with PS85 costs, PS20 victim surcharge and PS150 criminal courts charge (3pts).
In Australia, where surcharging has been permitted for over a decade, more than 40% of large merchants impose surcharges.
Thomas Morgan, 26, of Mark Street, L5, charged with possession of cocaine - PS100 fine, PS20 surcharge, PS85 costs.
Surcharges for shipments from the US to Korea and Japan, as well as from Korea and Japan to the US, will also decrease to USD1.
Nicola Clarke, 33, of Malefant Street, Cathays, Cardiff, was fined pounds 150 with pounds 60 costs and a pounds 15 victim surcharge.
With Roadway using more than 100 million gallons of diesel fuel per year, said Ron Johns, Human Resources Manager, the automatic surcharge is essential.
If you elect not to apply such a surcharge, do the math on the savings you're "giving" customers.
To avoid the surcharge, these operators need to either have their own plumber file the permits and install a meter immediately, or call DEP and have them schedule the work at (718) 595-7700.
An account-holding bank is not required to disclose ATM surcharges imposed by others because it would be impractical to monitor and disclose the dollar amount of a surcharge that might be imposed at any given time by some other financial institution nationwide.
Effective October 31, 2008, NWA Cargo will reduce its fuel surcharges in certain markets in response to recent declines in the price of jet fuel.
Fined PS120 with PS20 victim surcharge, PS85 costs, PS150 criminal courts charge and banned from driving for 12 months.
He said the high electricity tariff was the main factor for high cost of doing business in Pakistan and stressed that government should immediately withdraw all surcharges including equalization surcharge, debt servicing surcharge, universal obligation fund surcharge and Neelum-Jhelum surcharge from electricity bills and refund or adjust the collected amount of surcharges in the coming bills as the Lahore High Court has termed these surcharges as illegal and unconstitutional.