Traducciones Juradas de Inglés Sevilla

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S. As an abbreviation, this letter stands for "section," "statute," and various other words of which it is the initial.
S. B. An abbreviation for "senate bill."
S. C. An abbreviation for "same case." Inserted between two citations, it indicates that the same case is reported in both places. It is also an abbreviation for "supreme court," and for "select cases;" also for "South Carolina."
S. D. An abbreviation for "southern dis­trict"
S. F. S. An abbreviation in the civil law for "sine fraude sua" (without fraud on his part.) Galvin.
S. I*. An abbreviation for "session [or statute] laws."
S. P. An abbreviation of "sine prole," without issue. Also an abbreviation of "same principle," or "same point," indicat­ing, when inserted between two citations, that the second involves the same doctrine as the first.
S. V. An abbreviation for "sub voce," under the word; used in references to dic­tionaries, and other works arranged alpha­betically.
SABBATH. One of the names of the first day of the week; more properly called "Sunday," {q. v.) See State v. Drake, 64 N. C. 591; Gunn v. State, 89 Ga. 341, 15 S. E. 458.
—Sabbath-breaking. The offense of violat­ing the laws prescribed for the observance of Sunday. State v. Baltimore & O. R. Co., 15 W. Va. 381, 36 Am. Rep. 803; State v. Popp, 45 Md. 433.
SABBATUM. L. Lat The Sabbath; also peace. Domesday.
SABBULONARIUM. A gravel pit, or liberty to dig gravel and sand; money paid for the same. Cowell.
SABINIANS. A school or sect of Roman jurists, under the early empire, founded by Ateius Capito, who was succeeded by M. Sabinus, from whom the name.
SABLE. The heraldic term for black. It is called "Saturn," by those who blazon by planets, and "diamond," by those who use the names of jewels. Engravers com­monly represent it by numerous perpendicu­lar and horizontal lines, crossing each other. Wharton.
SABUBRA. L. Lat. In old maritime law. Ballast
SAC. In old English law. A liberty of holding pleas; the jurisdiction of a manor court; the privilege claimed by a lord of try­ing actions of trespass between his tenants, in his^ manor court, and imposing fines and amerciaments in the same.
SACABURTH, SACABERE, SAKA-BERE. In old English law. He that is robbed, or by theft deprived of his money or goods, and puts in surety to prosecute the felon with fresh suit Bract, fol. 1546.
SACCABOR. In old Egnlish law. The person from whom a thing had been stolen, and by whom the thief was freshly pursued* Bract, fol. 1546. See Sacabubth.
SACCUIiARH. Lat In Roman law. Cutpurses. 4 Steph. Comm. 125.
SACCUS. L. Lat. In old English law. A sack. A quantity of wool weighing thirty or twenty-eight stone. Fleta, 1. 2, c. 79, § 10.
old English law. A service or tenure of find­ing a sack and a broach (pitcher) to the sovereign for the use of the army. Bract 1. 2, c. 16.
SACQTJIER. In maritime law. The name of an ancient officer, whose business was to load and unload vessels laden with salt, corn, or fish, to prevent the ship's crew defrauding the merchant by false tale, or cheating him of his merchandise otherwise. Laws Oleron, art 11; 1 Pet Adm. Append. 25.
SACRA. Lat In Roman law. The right to participate in the sacred rites of. the city. Butl. Hor. Jur. 27.
SACRAMENTALES. L. Lat. In feudal law. Compurgators; persons who came to purge a defendant by their oath that they believed him innocent
older practice of the Roman law, this was one of the forms of legis actio, consisting in the deposit of a stake or juridical wager. See Sackamentum.
SACRAMENTUM. Lat In Roman law. An oath, as being a very sacred thing; more particularly, the oath taken by soldiers to be true to their general and their country. Ainsw. Lex.
In one of the formal methods of begin­ning an action at law {legis actiones) known to the early Roman jurisprudence, the sac-ramentum was a sum of money deposited in court by each of the litigating parties, as a kind of wager or forfeit to abide the re-

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suit of the suit. The successful party re­ceived back his stake; the losing party for­feited his, and it was paid into the public treasury, to be expended for sacred objects, (tn sacris rebus,) whence the name. See Mackeld. Rom. Law, § 203.
'In common law. An oath. Cowell.
—Sacramentum decisionis. The voluntary or decisive oath of the civil law, where one of the parties to a suit, not being able to prove his -case, offers to refer the decision of the cause to the oath of his adversary, who is bound to ac-<»pt or make the same offer on his part, or the whole is considered as confessed by him. 3 Bl. Coram. 342.—Sacramentum fidelitatis. In old English law. The oath of fealty. Beg. Orig. 303.
Sacramentum habet in se tres co-mites,—veritatem, justitiant, "et judi­cium; Veritas habenda est in jurato; justitia et justicium in judice. An oath has in it three component parts,—truth, jus­tice, and judgment; truth in the party swear­ing; justice and judgment in the judge ad­ministering the oath. 3 Inst 160.
Sacramentum si fatuum fuerit, licet falsum, tamen non committit per jurium.
2 Inst 167. A foolish oath, though false, makes not perjury.
SACRILEGE. In English criminal law. Larceny from a church. 4 Steph. Oomm. 164. The crime of breaking a church or chapel, and stealing therein. 1 Russ. Crimes, 843.
In old English, law. The desecration of anything considered holy; the alienation to lay-men or to profane or common purposes of what was given to religious persons and to pious uses. Cowell.
SACRILEGIUM. Lat In the civil law. The stealing of sacred things, or things dedi­cated to sacred uses; the taking of things out of a holy place. Calvin.
SACRILEGUS. Lat. In the civil and -common law. A sacrilegious person; one guilty of sacrilege.
Saerilegns omnium prsedonum cupi-ditatem et scelera superat. 4 Coke, 106. A sacrilegious person transcends the cupidity and wickedness of all other robbers.
SACRISTAN. A sexton, ajnciently called "sagerson," or "sagiston;" the keeper of things belonging to divine worship.
SADBERGE. A denomination of part of the county palatine of Durham. Wharton.
SiEMEND. In old English law. An um­pire, or arbitrator.
Ssepe constitutum est, res inter alios judicatas aliis non» prsejndicare. It has
?often been settled that matters adjudged be-
tween others ought not to prejudice those who were not parties. Dig. 42, 1, 63.
Ssepe viatorem nova, non vetus, orbita fallit. 4 Inst. 34. A new road, not an old one, often deceives the traveler.
Ssepenumero nbi proprietas verborum attenditnr, sensus veritatis amittitur.
Oftentimes where the propriety of words is attended to, the true sense is lost Branch, Princ.; 7 Coke, 27.
SJBVITIA. Lat In the law of divorce. Cruelty; anything which tends to bodily harm, and in that manner renders cohabita­tion unsafe. 1 Hagg. Const 458.
SAFE-CONDUCT. A guaranty or se­curity granted by the king under the great seal to a stranger, for his safe coming into and passing out of the kingdom. Cowell.
One of the papers usually carried by ves­sels in time of war, and necessary to the safety of neutral merchantmen. It is in the nature of a license to the vessel to proceed on a designated voyage, and commonly con­tains the name of the master, the name, de­scription, and nationality of the ship, the voyage intended, and other matters.
SAFE-PLEDGE. A surety given that a man shall appear upon a certain day. Bract 1. 4, c. 1.
SAFEGUARD. In old English law. A special privilege or license, in the form of a writ, under the great seal, granted to stran­gers seeking their right by course of law within the king's dominions, and apprehend­ing violence or injury to their persons or property from others. Reg. Orig. 26.
SAGAMAN. A tale-teller; a secret ac­cuser.
SAGES DE LA LEY. L. Fr. Sages of the law; persons learned in the law. A term applied to the chancellor and justices of the king's bench.
SAGIBARO. In old European law. A judge or justice; literally, a man of causes, or having charge or supervision of causes. One who administered justice and decided causes in the mallum, or public assembly. Spelman.
SAID. Before mentioned. This word is constantly used in contracts, pleadings, and other legal papers, with the same force as "aforesaid." See Shattuck v. Balcom, 170 Mass. 245, 49 N. E. 87; Cubine v. State, 44 Tex. Cr. R. 596, 73 S. W. 396; Hinrichsen v. Hinrichsen, 172 111. 462, 50 N. B. 135; Wilkinson v. State, 10 Ind. 373.
SAIGA. In old European law. A Ger­man coin of the value of a penny, or of three pence.

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NSAHi. In Insurance law. To put to sea; to begin a voyage. The least locomotion, with readiness of equipment and clearance, satisfies a warranty to sail. Pittegrew v. Pringle, 3 Barn. & Adol. 514.
Q SAILING. When a vessel quits her moorings, in complete readiness for sea, and it is the actual and real intention of the master to proceed on the voyage, and she is afterwards stopped by head winds and
P comes to anchor, still intending to proceed as soon as wind and weather will permit, this is a sailing on the voyage within the terms of a policy of insurance. Bowen v. Hope Ins. Co., 20 Pick. (Mass.) 278, 32 Am. ** Dec. 213.
SAILING INSTRUCTIONS. Written or printed directions, delivered by the com­manding officer of a convoy to the several masters of the ships under his care, by D which they are enabled to understand and answer his signals, to know the place of rendezvous appointed for the fleet in case of dispersion by storm, by an enemy, or other­wise. Without sailing instructions no vessel Scan have the protection and benefit of con­voy. Marsh. Ins. 368.
SAILORS. Seamen; mariners.
OF. An ancient court in London, of local importance, formerly held in the church from which it took its name.
SAINT SIMONISM. An elaborate form of non-communistic socialism. It is a scheme which does not contemplate an equal, but an unequal, division of the produce. It does not propose that all should be occupied alike, but differently, according to their vocation or capacity; the function of each being as­signed, like grades in a regiment, by the choice of the directing authority, and the remuneration being by salary, proportioned to the importance, in the eyes of that au­thority, of the function itself, and the merits . of the person who fulfills it 1 Mill, Pol. Econ. 258.
SAIO. In Gothic law. The ministerial officer of a court or magistrate, who brought parties into court and executed the orders of his superior. Spelman.
SAISIE. Fr. In French law. A judicial seizure or sequestration of property, of which there are several varieties. See infra.
—Saisie-arret. An attachment of property in the possession of a third person.—Saisie-exe-cution. A writ resembling that of fieri facias; denned as that species of execution by which a creditor places under the hand of justice (cus­tody of the law) his debtor's movable property liable to seizure, in order to have it sold, so that he may obtain payment of his debt out of the proceeds. Dalloz, Diet.—Saisie-foraine. A
species of foreign attachment; that which a creditor, by the permission of the president of a tribunal of first instance or a juge de paix, may exercise, without preliminary process, upon the effects, found within the commune where he lives, belonging to his foreign debtor. Dalloz, Diet.—Saisie-gagerie. A conservatory act of execution, by which the owner or principal les­sor of a house or farm causes the furniture of the house or farm leased, and on which he has a lien, to be seized; similar to the distress of the common law. Dalloz, Diet.—Saisie-immo-biliere. The proceeding by which a creditor places under the hand of justice (custody of the law) the immovable property of his debtor, in order that the same may be sold, and that he may obtain payment of his debt out of the pro­ceeds. Dalloz, Diet.
SAKE. In old English law. A lord's right of amercing his tenants in his court, Keilw. 145.
Acquittance of suit at county courts and hundred courts. Fleta, L 1, c. 47, § 7.
SALADINE TENTH. A tax imposed in England and France, in 1188, by Pope In­nocent III., to raise a fund for the crusade undertaken by Richard I. of England and Philip Augustus of France, against Saladin, sultan of Egypt, then going to besiege Jeru­salem. By this tax every person who did not enter himself a crusader was obliged to pay a tenth of his yearly revenue and of the value of all his movables, except his wearing apparel, books, and arms. The Carthusians, Bernardines, and some other religious per­sons were exempt. Gibbon remarks that when the necessity for this tax no longer existed, the church still clung to it as too lucrative to be abandoned, and thus arose the tithing of ecclesiastical benefices for the pope or other sovereigns. Enc. Lond.
SALARIUM. Lat. In the civil law. An allowance of provisions. A stipend, wages, or compensation for services. An annual al­lowance or compensation. Calvin.
SALARY. A recompense or considera­tion made to a person for his pains and industry in another person's business; also wages, stipend, or annual allowance. Cow-ell.
A fixed periodical compensation to be paid for services rendered; a stated compensation, amounting to so much by the year, month, or other fixed period, to be paid to public officers and persons in some private employ­ments, for the performance of official duties or the rendering of services of a particular kind, more or less definitely described, in­volving professional knowledge or skill, or at least employment above the grade of me­nial or mechanical labor. See State v. Speed, 183 Mo. 186, 81 S. W. 1260; Dane v. Smith, 54 Ala. 50; Fidelity Ins. Co. v. Shenandoah Iron Co. (C. C.) 42 Fed. 376; Cowdin v. Huff, 10 Ind. 85; In re Chancellor, 1 Bland (Md.) 596; Houser v. Umatilja County, 30 Or. 486, 49 Pac 867; Thompson v. Phillips, 12 Ohio


St 617; Benedict v. U. S., 176 U. S. 357, 20 Sup. Ct. 458, 44 L. Ed. 503; People v. Myers (Sup.) 11 N. Y. Supp. 217.
SALE. A contract between two parties, called, respectively, the "seller" (or vendor) and the "buyer," (or purchaser,) by which the former, in consideration of the payment or promise of payment of a certain price in money, transfers to the latter the title and the possession of an object of property. See Pard. Droit Commer. § 6; 2 Kent, Comm. 863; Poth. Cont Sale, § 1.
Sale is a contract by which, for a pecuni­ary consideration called a "price," one trans­fers to another an interest in property. Civil Code Cal. § 1721.
The contract of sale is an agreement by which one gives a thing for a price in cur­rent money, and the other gives the price In order to have the thing itself. Three cir­cumstances concur to the perfection of the contract, to-wit, the thing sold, the price, and the consent Civil Code La. art. 2439.
A transmutation of propertyfrom one man to another in consideration of some price or recom­pense in value. 2 61. Comm. 446.
"Sale" is a word of precise legal import, both at law and in equity. It means, at all times, a contract between parties to give and to pass rights of property for money, which the buyer pays or promises to pay to the seller for the thing bought and sold. See Butler v. Thomson, 92 U. S. 414, 23 L. Ed. 684; Ward v. State, 45 Ark. 353; Williamson v. Berry, 8 How. 544, 12 L. Ed. 1170; White v. Treat (C. C.) 100 Fed. 291; Iowa v. McFarland, 110 U. S. 471, 4 Sup. Ct. 210, 28 L. Ed. 198; Goodwin v. Kerr, 80 Mo. 281; State v. Wentworth, 35 N. H. 443; Com. v. Packard, 5 Gray (Mass.) 103; Clemens v. Davis, 7 Pa. 264; Tompkins v. Hunter, 149 N. Y. 117, 43 N. E. 532.
Synonyms. The contract of "sale" is distinguished from "barter" (which applies only to goods) and "exchange," (which is used of both land and goods,) in that both the latter terms denote a commutation of property for property; i. e., the price or con­sideration is always paid in money if the transaction is a sale, but if it Is a barter or exchange, it is paid in specific property sus­ceptible of valuation. "Sale" differs from "gift" in that the latter transaction involves no return or recompense for the thing trans­ferred. But an onerous gift sometimes ap­proaches the nature of a sale, at least where the charge it imposes is a payment of money. "Sale" is also to be discriminated from "bail­ment;" and the difference is to be found In the fact that the contract of bailment always contemplates the return to the bailor of the specific article delivered, either in Its origi­nal form or In a modified X>r altered form, or the return of an article which, though not Identical, is of the same class, and is equiva­lent But sale never Involves the return of the article itself, but only a consideration In money. This contract differs also from "accord and satisfaction;" because in the latter the object of transferring the prop-
erty Is to compromise and settle a claim, while the object of a sale is the price given.
—Absolute and conditional sales. An ab­solute sale is one where the property in chat­tels passes to the buyer upon the completion of the bargain between the parties. Truax v. Par-vis, 7'Houst. (Del.) 330, 32 Atl. 227. A condi­tional sale is one in which the transfer of title is made to depend on the performance of a con­dition ; or a purchase for a price paid or to be paid to become absolute on a particular event, or a purchase accompanied by an agreement to resell upon particular terms. "Poindexter v. Mc-Cannon, 16 N. C. 373, 18 Am. Dec. 591; Crimp v. McCormick Const. Co., 72 Fed. 366, 18 C. C. A. 595; Churchill v. Demeritt, 71 N. H. 110, 51 Atl. 254; Van Allen v. Francis, 123 Cal. 474, 56 Pac. 339. Conditional sales are distin­guishable from mortgages'. They are to be tak­en strictly as independent dealings between strangers. A mortgage is a security for a debt, while a conditional sale is a purchase for a price paid, or to be paid, to become absolute on a particular event; or a purchase accompanied by an agreement to resell upon particular terms. Turner v. Kerr, 44 Mo. 429; Crane v. Bon-nell, 2 N. J. Eq. 264; Weathersry v. Weathers-ly, 40 Miss. 462, 90 Am. Dec. 344; Hopper v. Smyser, 90 Md. 363, 45 Atl. 208.—Bill of sale. See Bill.—Executed and executory sales. An executed sale is one which is final and com­plete in all its particulars and details, nothing remaining to be done by either party to effect an absolute transfer of the subject-matter of the sale. An executory sale is an incompleted sale; one which has been definitely agreed on as to terms and conditions, but which has not yet been carried into full effect in respect to some of its terms or details, as where it remains to determine the price, quantity, or identity of the thing sold, or to pay installments of purchase-money, or to effect a delivery. See McFadden v. Henderson, 128 Ala. 221, 29 South. 640; Fogel v. Brubaker, 122 Pa. 7, 15 Atl. 692; Smith v. Barron County Sup'rs, 44 Wis. 691.— Forced sale. A sale made without the con­sent or concurrence of the owner of the proper­ty, but by virtue of judicial process, such as a writ of execution or an order under a decree of foreclosure.—Fraudulent sale. One made foi the purpose of defrauding the creditors of the owner of the property, by covering up or remov­ing from their reach and converting into cash property which would be subject to the satisfac­tion of their claims.—Judicial sale. A judicial sale is one made under the process of a court having competent authority to order it, by an officer duly appointed and commissioned to sell, as distinguished from a sale by an owner in virtue of his right of property. Williamson v. Berry, 8 How. 547, 12 L. Ed. 1170; Terry v. Cole, 80 Va. 701; Black v. Caldwell (C. C.) 83 Fed. 880; Woodward v. Dillworth, 75 Fed. 415, 21 C. C. A. 417.—Memorandum sale. A name sometimes applied to that form of condi­tional sale in which the goods are placed in the possession of the purchaser subject to his ap­proval, the title remaining in the seller until they are either accepted or rejected by the ven­dee.—Private sale. One negotiated and con­cluded privately between buyer and seller, and not made by advertisement and public outcry or auction. See Barcellov. Hapgood, 118 N. C. 712, 24 S. E. 124.—Public sale. A sale made in pursuance of a notice, by auction or public outcry. Robins v. Bellas, 4 Watts (Pa.) 258. —Sale and return. This is a species of con­tract by which the seller (usually a manufactur­er or wholesaler) delivers a quantity of goods to the buyer, on the understanding that, if the lat­ter should desire to retain or use or resell any portion of such goods, he will consider such part as having been sold to him, and will pay their price, and the balance he will return to the sell­er, or hold them, as bailee, subject to his order.


Sturm v. Boker, 150 U. S. 312, 14 Sup. Ct 99, 37 L. Ed. 1093; Haskins v. Dern, 19 Utah, 89, 56 Pac. 953; Hickman v. Shimp, 109 Pa. 16.—Sale in gross. The term "sale in gross," when applied to the thing sold, means a sale by the tract, without regard to quantity, and is in that sense a contract of hazard. Yost v» Malli-cote, 77 Va, 616.—•Sale-note. A memorandum of the subject and terms of a sale, given by a broker or factor to the seller, who bailed him the goods for that purpose, and to the buyer, who dealt with him. Also called "bought and sold notes."—Sale on credit. A sale of property accompanied by delivery of possession, but where payment of the price is deferred to a fu­ture day.—Sale on approval. A species of conditional sale, which is to become absolute only in case the buyer, on trial, approves or is satisfied with the article sold. The approval, however, need not be express; it may be infer­red from his keeping the goods beyond a reason­able time. Benj. Sales, § 911.—Sale per aver-sionem. In the civil law, a sale where the goods are taken in bulk, or not by weight or measure, and for a single price, or where a piece of land is sold for a gross sum, to be paid for the whole premises, and not at a fixed price by the acre or foot. Winston v. Browning, 61 Ala. 83; State v. Buck, 46 La. Ann. 656, 15 South. 531.—Sale with all faults. On what is call­ed a "sale with all faults," unless the seller fraudulently and inconsistently represents the article sold to be faultless, or contrives to con­ceal any fault from the purchaser, the latter must take the article for better or worse. 3 Camp. 154; Brown.—Sheriff's sale. A sale of property, conducted by a sheriff, or sheriffs deputy, in virtue of his authority as an officer holding process.—Tax-sale. A sale of land for unpaid taxes; a sale of property, by authority of law, for the collection of a tax assessed upon it, or upon its owner, which remains unpaid.— Voluntary sale. One made freely, without constraint, by the owner of the thing sold. 1 Bouv. Inst. no. 974.
SAIiET. In old English law. A head­piece; a steel cap or morion. Cowell.
SALFORD HUNDRED COURT OF RECORD. An inferior and local court of record having jurisdiction in personal ac­tions where the debt or damage sought to be recovered does not exceed £50, if the cause of action arise within the hundred of Sal-ford. St. 31 & 32 Vict c. 130; 2 Exch. Div. 346.
SALIC IiAW. A body of law framed by the Salian Franks, after their settlement In Gaul under their king Pharamond, about the beginning of the fifth century. It is the most ancient of the barbarian codes, and is considered one of the most important com­pilations of law in use among the feudal nations of Europe. See Lex Samoa.
In French jurisprudence. The name Is frequently applied to that fundamental law of France which excluded females from suc­cession to the crown. Supposed to have been derived from the sixty-second title of the Salic Law, "De Alode." Brande.
SALOON does not necessarily import a place to sell liquors. It may mean a place for the sale of general refreshments. Kitson v. Ann Arbor, 26 Mich. 325.
"Saloon" has not acquired the legal sig­nification of a house kept for retailing In* toxicating liquor. It may mean a room for the reception of company, for exhibition oi works of art, etc. State v. Mansker, 36 Tex. 364.
SALOON-KEEPER. This expression has a definite meaning, namely, a retailer of cigars, liquors, etc. Cahill v. Campbell, 105 Mass. 40.
SALT DUTY IN LONDON. A custom in the city of London called "granage," for­merly payable to the lord mayor, etc, for salt brought to the port of London, being the twentieth part Wharton.
SALT SILVER. One penny paid at the feast day of St Martin, by the tenants of some manors, as a commutation for the serv­ice of carrying their lord's salt from market to his larder. Paroch. Antiq. 496.
SALUS. Lat Health; prosperity; safety.
Salus populi suprema lex. The welfare of the people is the supreme law. Bac. Max. reg. 12; Broom, Max. 1-10; Montesq. Esprit des Lois, lib. 26, c. 23; 13 Coke, 139.
Salus reipublicse suprema lex. The
welfare of the state is the supreme law. Inhabitants of Springfield v. Connecticut River R. Co., 4 Cush. (Mass.) 71; Cochituate Bank v. Colt, 1 Gray (Mass.) 386; Broom, Max. 366.
Salus ubi multi consfliarii. 4 Inst L Where there are many counselors, there is safety.
SALUTE. A gold coin stamped by Henry V. in France, after his conquests there, whereon the arms of England and France were stamped quarterly. Cowell.
SALVA GARDIA. L. Lat Safeguard. Reg. Orig. 26.
SALVAGE. In maritime law. A compen­sation allowed to persons by whose assist­ance a ship or its cargo has been saved, in whole or in part, from impending danger, or recovered from actual loss, in cases of shipwreck, derelict or recapture. 3 Kent, Comm. 245. Cope v. Vallette Dry-Dock Co., 119 U. S. 625, 7 Sup. Ct. 336, 30 L. Ed. 501; The Rita, 62 Fed. 763, 10 C. C. A. 629; The Lyman M. Law (D. C.) 122 Fed. 822; The Blackwall, 10 Wall. 11, 19 L. Ed. 870; The Spokane (D. C.) 67 Fed. 256.
In the older books of the law, (and some­times in modern writings,) the term is also used to denote the goods or property saved.
—Equitable salvage. By analogy, the term "salvage" is sometimes also used in cases which have nothing to do with maritime perils,_but in which property has been preserved from loss by the last of several advances by different persons.


In such a case, the person making the last ad­vance is frequently entitled to priority over the others, on the ground that, without his advance, the property would have been lost altogether. This right, which is sometimes called that of "equitable salvage," and is in the nature of a lien, is chiefly of importance with reference to payments made to prevent leases or policies of insurance from being forfeited, or to prevent mines and similar undertakings from being stopped or injured. See 1 Fish. Mortg. 149; 3 Ch. Div. 411; L. R. 14 Eq. 4; 7 Ch. Div. 825. —Salvage charges. This term includes all the expenses and costs incurred in the work of saving and preserving the property which was in danger. The salvage charges ultimately fall upon the insurers.—Salvage loss. See Loss. —Salvage service. In maritime law. Any service rendered in saving property on the sea, or wrecked on the coast of the sea. The Emu­lous, 1 Sumn. 210, Fed. Cas. No. 4,480.
SAIiVO. Lat Saving; excepting; with­out prejudice to. Salvo me et hceredibus meis, except me and my heirs. Salvo jure cujuslibet, without prejudice to the rights of any one.
SALVOR. A person who, without any particular relation to a ship in distress, prof­fers useful service, and gives it as a volun­teer adventurer, without any pre-existing covenant that connected him with the duty of employing himself for the preservation of that ship. The Clara, 23 Wall. 16, 23 L. Ed. 150; The Dumper, 129 Fed. 99, 63 C. C. A. 600; Central Stockyard Co. v. Mears, 89 App. Div. 452, 85 N. Y. Supp. 795.
SAIiVUS PLEGIUS. L. Lat A safe pledge; called, also, "certus plegius," a sure pledge. Bract fol. 160&.
SAME. The word "same" does not al­ways mean "identical," not different or other. It frequently means of the kind or species, not the specific thing. Crapo v. Brown, 40 Iowa, 487, 493.
SAMPLE. A specimen; a small quantity ©f any commodity, presented for inspection or examination as evidence of the quality of the whole; as a sample of cloth or of wheat
—Sample, sale by. A sale at which only a ?ample of the goods sold is exhibited to the buy­er.
SAS2E MENTIS. Lat In old English law. Of sound mind. Fleta, lib. 8, c. 7, § 1.
SANCTIO. Lat In the civil law. That part of a law by which a penalty was or­dained against those who should violate it Inst 2, 1, 10.
SANCTION. In the original sense of the word, a "sanction" is a penalty or punish­ment provided as a means of enforcing obe­dience to a law. In jurisprudence, a law is
said to have a sanction when there is a state which will intervene if it is disobeyed or dis­regarded. Therefore international law has no legal sanction. Sweet
In a more general sense, a "sanction" has been defined as a conditional evil annexed to a law to produce obedience to that law; and, in a still wilder sense, a "sanction" means simply an authorization of anything. Occa­sionally, "sanction" is used (e. g., in Roman law) to denote a statute, the part (penal clause) being used to denote the whole. Brown.
The vindicatory part of a law, or that part which ordains or denounces a penalty for its violation. 1 Bl. Comm. 56.
SANCTUARY. In old English law. A consecrated place which had certain privi­leges annexed to it, and to which offenders were accustomed to resort for refuge, be­cause they could not be arrested there, nor the laws be executed.
SAND-GAVEIi. In old English law. A payment due to the lord of the manor of Rodley, In the county of Gloucester, for lib­erty granted to the tenants to dig sand for their common use. Cowell.
SANE. Of natural and normal mental condition; healthy in mind.
—Sane memory. Sound mind, memory, and understanding. This is one of the essential ele­ments in the capacity of contracting; and the absence of it in lunatics and idiots, and its im­maturity in infants, is the cause of their respec­tive incapacities or partial incapacities to bind themselves. The like circumstance is their ground of exemption in cases of crime. Brown.
SANG, or SANC. In old French. Blood.
SANGUINE, or MURREY. An heraldic term for "blood-color," called, in the arms of princes, "dragon's tail," and, In those of lords, "sardonyx." It is^a tincture of very infrequent occurrence, and not recognized by some writers. In engraving, it is denoted by numerous lines in saltire. Wharton.
SANGUINEM EMERE. Lat In feudal law. A redemption by villeins, of their blood or tenure, in order to become freemen.
Sanguinis conjunctio benevolentia de-vincit homines et caritate. A tie of blood overcomes men through benevolence and family affection. Steere v. Steere, 5 Johns. Ch. (N. Y.) 1, 13, 9 Am. Dec. 256.
SANGUIS. Lat In the civil and old English law. Blood; consanguinity.
The right or power which the chief lord of the fee had to judge and determine cases where blood was shed. Mon. Aug. t i. 1021.
SANIS. A kind of punishment among the Greeks; inflicted by binding the male­factor fast to a piece of wood. Enc. Lond.

SANITARY AUTHORITIES. In Eng­lish law. Bodies having Jurisdiction over their respective districts in regard to sewer­age, drainage, scavenging, the supply of water, the prevention of nuisances and of­fensive trades, etc., all of which come under the head of "sanitary matters" in the special sense of the word. Sanitary authorities also have jurisdiction in matters coming under the head of "local government." Sweet.
SANITY. Sound understanding; the re­verse of insanity, (g. v.)
SANS CEO QUE. L. Fr. Without this. See Absque Hoc.
SANS FRAIS. Fr. Without expense. See Retoub Sans PkotJSt.
L. Fr. Without impeachment of waste. Litt § 152. See Absque Impetitione Vasti.
SANS JOUR. Fr. Without day; sine die.
SANS NOMBRE. Fr. A term used in relation to the right of putting animals on a common. The term "common sans nombre" does not mean that the beasts are to be in­numerable, but only indefinite; not certain. Willes, 227.
SANS RECOURS. Fr. Without re­course. See Indobsement.
Sapiens incipit a fine, et quod primum est in intentione, ultimum est in exe-cntione. A wise man begins with the last, and what is first in intention is last in execution. 10 Coke, 25.
Sapiens omnia agit cum consilio. A
wise man does everything advisedly. 4 Inst 4.
Sapientia legis nnmmario pretio non est sestimanda. The wisdom of the law cannot be valued by money. Jenk. Cent 168.
Sapientis jndicis est cogitare tantant sibi esse permissum, quantum commis-•um et creditum. It is the part of a wise judge to think that a thing is permitted to him, only so far as it is committed and in­trusted to him. 4 Inst. 163. That is, he should keep his jurisdiction within the limits of his commission.
SABCULATUBA. L. Lat In old rec­ords. Weeding corn. A tenant's service of weeding for the lord. CowelL
SART. In old English law. A piece of woodland, turned into arable. Cowell.
SARUM. In old records. The city of Salisbury in England. Spelman.
SASINE. In Scotch law. The symbol­ical delivery of land, answering to the liv­ery of seisin of the old English law. 4 Kent, Comm. 459.
SASSE. In old English law. A kind of wear with flood-gates, most commonly in cut rivers, for the shutting up and letting out of water, as occasion required, for the more ready passing of boats and barges to and fro; a lock; a turnpike; a sluice. Cow­ell.
SASSONS. The corruption of Saxons. A name of contempt formerly given to the English, while they affected to be called "Angles;" they are still so called by the Welsh.
SATISDARE. Lat In the civil law. To guaranty the obligation of a principal.
SATISDATIO. Lat. In the civil law. Security given by a party to an action, as by a defendant, to pay what might be adjudged against him. Inst. 4, 11; 3 Bl. Comm. 291.
SATISFACTION. The act of satisfying a party by paying what is due to him, (as on a mortgage, lien, or contract,) or what is awarded to him, by the judgment of a court or otherwise. Thus, a judgment is satisfied by the payment of the amount due to the party who has recovered such judgment or by his levying the amount See Miller v. Beck, 108 Iowa, 575, 79 N. W. 344; Rivers v. Blom, 163 Mo. 442, 63 S. W. 812; Mazyck v. Coil, 3 Rich. Law (S. C.) 236; Green v. Green, 49 Ind. 423; Bryant v. Fairfield, 51 Me. 152; Armour Bros. Banking Co. v. Add-ington, 1 Ind. T. 304, 37 S. W. 100.
In practice. An entry made on the rec­ord, by which a party in whose favor a judg­ment was rendered declares that he has been satisfied and paid.
In equity. The doctrine of satisfaction in equity is somewhat analogous to perform­ance in equity, but differs from it in this respect: that satisfaction is always some­thing given either in whole or in part as a substitute or equivalent for something else, and not (as in performance) something that may be construed as the identical thing cov­enanted to be done. Brown.
—Satisfaction piece. In practice. A mem­orandum in writing, entitled in a cause, stating that satisfaction is acknowledged between the parties, plaintiff and defendant. Upon this be­ing duly acknowledged and filed in the office where the record of the judgment is, the judg­ment becomes satisfied, and the defendant dis­charged from it 1 Archb. Pr. 722.
Satisfaction should be made to that fund which has sustained the loss. 4
Bouv. Inst no 3731.


SATISFIED TERM. A term of years In land is thus called when the purpose for which it was created has been satisfied or executed before the expiration of the set pe­riod.
—Satisfied terms act. The statute 8 & 9 Vict. c. 112, passed to abolish satisfied outstand­ing terms of years in land. By this act, terms which shall henceforth become attendant upon the inheritance, either by express declaration or construction of law, are to cease and determine. This, in effect, abolishes outstanding terms. 1 Steph. Comm. 380-382; Williams, Real Prop. pt 4, c. 1,
SATISFY, in technical use, generally means to comply actually and fully with a demand; to extinguish, by payment or per­formance.
Satins est petere fontes quam sectari rivulos. Lofft, 606. It is better to seek the source than to follow the streamlets.
SATURDAY'S STOP. In old English law. A space of time from even-song on Saturday till sun-rising on Monday, in which it was not lawful to take salmon in Scotland and the northern parts of England. Oowell.
SAUNKEFIN. L. Fr. End of blood; fail­ure of the direct line in successions. Spel-man; Cowell.
SAUVAGINE. L. Fr. Wild animals.
SAUVEMENT. L. Fr. Safely. Sauve-ment gardes, safely kept Britt. c. 87.
SAVE. To except, reserve, or exempt; as where a statute "saves" vested rights. To toll, or suspend the running or operation of; as to "save" the statute of limitations.
SAVER DEFAULT. L. Fr. In old Eng­lish practice. To excuse a default. Termes de la Ley.
SAVING CLAUSE. A saving clause in a statute is an exception of a special thing out of the general things mentioned in the stat­ute ; it is ordinarily a restriction in a repeal­ing act, which is intended to save rights, pending proceedings, penalties, etc., from the annihilation which would result from an un­restricted repeal. State v. St Louis, 174 Mo. 125, 73 S. W. 623, 61 L. R. A. 593; Clark Thread Co. v. Kearney Tp., 55 N. J. Law, 50, 25 Atl. 327.
SAVING THE STATUTE OF LIMITA­TIONS. A creditor is said to "save the statute of limitations" when he saves or pre­serves his debt from being barred by the operation of the statute. Thus, in the case of a simple contract debt if a creditor com­mence an action for its recovery within six years from the time when the cause of ac­tion accrued, he will be in time to save the statute. Brown.
SAVINGS BANK. See Bane. Bt.-TjAW T>rnT.r2n fin \—«7
SAVOUR. To partake the nature of; to bear affinity to.
SAVOY. One of the old privileged places, or sanctuaries. 4 Steph. Comm. 227n.
SAXON LAGE. The laws of the West Saxons. Cowell.
SAY ABOUT. This phrase, like "more or less," is frequently introduced into con­veyances or contracts of sale, to indicate that the quantity of the subject-matter is uncertain, and is only estimated, and to guard the vendor against the implication of having warranted the quantity.
SAYER. In Hindu law. Variable im­posts distinct from land, rents, or revenues; consisting of customs, tolls, licenses, duties on goods; also taxes on houses, shops, ba­zaars, etc. Wharton.
SC. An abbreviation for "scilicet" that is to say.
SCABINI. In old European law. The judges or assessors of the judges in the court held by the count Assistants or associates of the count; officers under the count The permanent selected judges of the Franks. Judges among the Germans, Franks, and Lombards, who were held in peculiar esteem. Spelman.
SCACCARIUM. A chequered cloth re­sembling a chess-board which covered the table in the exchequer, and on which, when certain of the king's accounts were made up, the sums were marked and scored with coun­ters. Hence the court of exchequer, or curia scaccarii, derived its name. 3 Bl. Comm. 44.
SCALAM. At the scale; the old way of paying money into the exchequer. Cowell.
SCALE. In early American law. To ad­just graduate, or value according to a scale. Walden v. Payne, 2 Wash. (Va.) 5, 6.
SCAMNUM CADUCUM. In old rec­ords, the cucking-stool, (q. v.) Cowell.
SCANDAL. Defamatory reports or ru­mors; aspersion or slanderous talk, uttered recklessly or maliciously.
In pleading. "Scandal consists in the al­legation of anything which is unbecoming the dignity of the court to hear, or is con­trary to good manners, or which charges some person with a crime not necessary to be shown in the cause; to which may be qrtlded that any unnecessary allegation, bear­ing cruelly upon the moral character of an individual, is also scandalous." Daniell, Ch. Pr. 290. And see McNulty v. Wiesen (D. C.) 130 Fed. 1013; Kelley v. Boettcher, 85 Fed


58, 29 C. C. A. 14; Burden v. Burden (C. C.) 124 Fed. 255.
SCANDALOUS MATTER. In equity pleading. See Scandal.
SCANDALUM MAGNATUM. In Eng­lish law. Scandal or slander of great men or nobles. Words spoken in derogation of a peer, a judge, or other great officer of the realm, for which an action lies, though it is now rarely resorted to. 3 Bl. Comm. 123; 3 Steph. Comm. 473. This offense has not existed in America since the formation of the United States. State v. Shepherd, 177 Mo. 205, 76 S. W. 79, 99 Am. St Rep. 624.
SCAPEEXARE. In old European law. To chop; to chip or haggle. Spelman.
SCAPHA. Lat In Roman law. A boat; a lighter. A ship's boat
SCAVAGE, SCHEVAGE, SCHEWAGE, or SHEW AGE. A kind of toll or custom, exacted by mayors, sheriffs, etc., of mer­chant strangers, for wares showed or offered for sale within their liberties. Prohibited by 19 Hen. VII. c. 7. CowelL
SCAVAIDUS. The officer who collected the scavage money. Cowell.
SCEATTA. A Saxon coin of less denom­ination than a shilling. Spelman.
SCEPPA SALIS. An ancient measure of salt the quantity of which is now not .known. Wharton.
SCHAR-PENNY, SCHARN-PENNY, or SCHORlf-PENNY. A small duty or com­pensation. Cowell.
SCHEDULE. A sheet of paper or parch­ment annexed to a statute, deed, answer in equity, deposition, or other instrument ex­hibiting in detail the matters mentioned or referred to in the principal document
A list or inventory; the paper containing fan inventory.
In practice. When an indictment is re­turned from an inferior court in obedience to a writ of certiorari, the statement of the previous proceedings sent with it is termed the "schedule." 1 Saund. 309a, n. 2.
In constitutional law. A schedule is a statement annexed to a constitution newly adopted by a state, in which are described at length the particulars in which it differs from the former constitution, or which con­tains provisions for the adjustment of mat­ters affected by the change from the old to the new constitution.
SCHEME. In English law, a scheme is a document containing provisions for regulat-
ing the management or distribution of prop­erty, or for making an arrangement between persons having conflicting rights. Thus, in the practice of the chancery division, where the execution of a charitable trust in the manner directed by the founder is difficult or impracticable, or requires supervision, a scheme for the management of the charity will be settled by the court Tud. Char Trusts, 257; Hunt Eq. 248; Daniell, Ch. Pr 1765.
SCHETES. Usury. Cowell.
SCHIREMAN. In Saxon law. An of­ficer having the civil government of a shire, or county; an earl. 1 Bl. Comm. 398.
SCHIRREXS-GEIiD. In Saxon law. A tax paid to sheriffs for keeping the shire or county court. Cowell.
SCHISM. In ecclesiastical law. A divi­sion or separation in a church or denomina­tion of Christians, occasioned by a diversity of faith, creed, or religious opinions. Nelson v. Benson, 69 111. 29; McKinney v. Griggs, 5 Bush (Ky.) 407, 96 Am. Dec. 360.
—Schism-bill. In English law. The name of an act passed in the reign of Queen Anne, which restrained Protestant dissenters from educating their own children, and forbade all tutors and schoolmasters to be present at any conventicle or dissenting place of worship. The queen died on the day when this act was to have taken ef­fect, (August 1. 1714,) and it was repealed in the fifth year or Geo. I. Wharton.
SCHOOIi. An institution of learning of a lower grade, below a college or a universi­ty. A place of primary instruction. The term generally refers to the common or pub­lic schools, maintained at the expense of the public. See American Asylum v. Phoenix Bank, 4 Conn. 177, 10 Am. Dec. 112; In re Sanders, 53 Kan. 191, 36 Pac. 348, 23 L. R. A. 603; Com. v. Banks, 198 Pa. 397, 48 AfL 277.
—Common schools. Schools maintained at the public expense and administered by a bureau of the state, district, or municipal government for the gratuitous education of the children of all citizens without distinction. Jenkins v. An-dover, 103 Mass. 98; People v. Board of Edu­cation, 13 Barb. (N. Y.) 410; Le Coulteulx v. Buffalo, 33 N. Y. 337; Roach v. Board of Di­rectors, 7 Mo. App. 567.—District school. A common or public school for the education at public expense of the children residing within a given district; a public school maintained by a "school district." See infra.—High school. A school in which higher branches of learning are taught than in the common schools. 123 Mass. 306. A school in which such instruction is given as will prepare the students to enter a college or university. Attorney General v. But­ler, 123 Mass. 306; State v. School Dist, 31 Neb. 552, 48 N. W. 393; Whitlock v. State, 30 Neb. 815, 47 N. W. 284.—Normal school. A training school for teachers; one in which in­struction is given in the theory and practice of teaching; particularly, in the system of schools generally established throughout the United States, a school for the training and instruc­tion of those who are already teachers in the public schools or those who desire and expect


to become such. See Gordon v. Comes, 47 N. T. 616; Board of Regents v. Painter, 102 Mo. 464, 14 S. W. 938, 10 L. R. A. 493.—Private school. One maintained by private individuals or corporations, not at public expense, and open only to pupils selected and admitted by the pro­prietors or governors, or to pupils of a certain class or possessing certain Qualifications, (racial, religious, or otherwise,) and generally supported, in part at least, by tuition fees or charges. See Quigley v. State, 5 Ohio Cir. Ct. R. 638.—Pub­lic schools. Schools established Under the laws of the state, (and usually regulated in mat­ters of detail by the local authorities,} in the various districts, counties, or towns, maintained at the public expense by taxation, and open without charge to the children of all the resi­dents of the town or other district. Jenkins v. Andover, 103 Mass. 97; St. Joseph's Church v. Assessors of Taxes, 12 R. I. 19, 34 Am. Rep. 597; Merrick v. Amherst, 12 Allen (Mass.) 508. A public school is one belonging to the public and established and conducted under public au­thority ; not one owned, and conducted by pri­vate parties, though it may be open to the pub­lic generally and though tuition may be free. Gerke v. Purcell, 25 Ohio St. 229.—School board. A board of municipal officers charged with the administration of the affairs of the public schools. They are commonly organized under the general laws of the state, and fall within the class of quasi corporations, sometimes coterminous with a county or borough, but not necessarily so. The members of the school board are sometimes termed "school directors," or the official style may be "the board of school direct­ors." The circuit of their territorial jurisdic­tion is called a "school district," and each school district is usually a separate taxing dis­trict for school purposes.—School directors. See Scijool Boabd.—School district. A pub­lic and quasi municipal corporation, organized by legislative authority or direction, compris­ing a defined territory, for the erection, main­tenance, government, and support of the public schools within its territory in accordance with and in subordination to the general school laws of the state, invested, for these purposes only, with powers of local self-government and general­ly of local taxation, and administered by a board of officers, usually elected by the voters of the dis­trict, who are variously styled "school direct­ors," or "trustees," "commissioners," or "super­visors" of schools. See Hamilton v. San Diego County, 108 Cal. 273, 41 Pac. 305; Landis v. Ashworth, 57 N. J. Law, 509, 31 Atl. 1017; Travelers' Ins. Co. v. Oswego Tp., 59 Fed. 64, 7 C. C. A. 669; Board of Education v. Sinton, 41 Ohio St. 511.—School lands. See Land.— School-master. One employed in teaching a school.
SCHOUT. In Dutch law. An officer of a court whose functions somewhat resemble those of a sheriff.
SCI. FA. An abbreviation for "scire fa­cias, (q. v.)
SCIENDUM. Lat. In English law. The name given to a clause inserted in the record by which it is made "known that the justice here in court, in this same term, delivered a writ thereupon to the deputy-sheriff of the county aforesaid, to be executed in due form of law." Lee, Diet "Record."
SCIENDUM EST. Lat. It is to be known; be it remarked. In the books of the civil law, this phrase is often found at the beginning of a chapter or paragraph, by way
of Introduction to some explanation, or di­recting attention to some particular rule.
SCIENTER. Lat Knowingly. The term is used in pleading to signify an allega­tion (or that part of the declaration or in­dictment which contains it) setting out the defendant's previous knowledge of the cause which led to the injury complained of, or rather his previous knowledge of a state of facts which it was his duty to guard against and his omission to do which has led to the injury complained of. The insertion of such an allegation is called "laying the action (or indictment) with a scienter." And the term is frequently used to signify the defendant's guilty knowledge.
Scienti et volenti non fit injuria.
Bract, fol. 20. An injury is not done to one who knows and wills it
Scientia sciolorum est mixta ignoran-tia. 8 Coke, 159. The knowledge of smat-terers is diluted ignorance.
Scientia utrimque par pares contra-hentes facit. Equal knowledge on both sides makes contracting parties equal. 3 Burrows, 1905. An insured need not mention what the underwriter knows, or what he ought to know. Broom, Max. 772.
SCILICET. Lat To-wit; that is to say. A word used in pleadings and other instru­ments, as introductory to a more particu­lar statement of matters previously men­tioned in general terms. Hob. 171, 172.
SCINTILLA. Lat A spark; a remain­ing particle; the least particle.
—Scintilla juris. In real property law. A spark of right or interest. By this figurative expression was denoted the small particle of in­terest which, by a fiction of law, was supposed to remain in a feoffee to uses, sufficient to sup­port contingent uses afterwards coming into ex­istence, and thereby enable the statute of uses (27 Hen. VIII. c. 10) to execute them. See 2 Washb. Real Prop. 125; 4 Kent, Comm. 238. —Scintilla of evidence. A spark, glimmer, or faint show of evidence. A metaphorical ex­pression to describe a very insignificant or tri­fling item or particle of evidence; used in the statement of the common-law rule that if there is any evidence at all in a case, even a mere scintilla, tending to support a material issue, the case cannot be taken from the jury, but must be left to their decision. See Offutt v. World's Columbian Exposition, 175 111. 472, 51 N. E. 651.
Scire debeg cum quo oontrahis. You
ought to know with whom you deal. 11 Mees. & W. 405, 632; 13 Mees. & W. 171.
Scire et scire debere sequiparantur in jure. To know a thing, and to be bound to know it, are regarded in law as equivalent Tray. Leg. Max. 551.
SCIRE FACIAS. Lat In practice. A judicial writ, founded upon some record, and


requiring the person against whom it is brought to show cause why the party bring­ing it should not have advantage of such record, or (in the case of a scire facias to re­peal letters patent) why the record should not be annulled and vacated. 2 Archb. Pr. K. B. 86; Pub. St. Mass. p. 1295.
The most common application of this writ is as a process to revive a judgment, after the lapse of a certain time, or on a change of parties, or otherwise to have execution of the judgment, in which cases it is merely a continuation of the original action. It is used more rarely as a mode of proceeding against special bail on their recognizance, and as a means of repealing letters patent, in which cases it is an original proceeding. 2 Archb. Pr. K. B. 86. And see Knapp v. Thomas, 39 Ohio St 383, 48 Am. Rep. 462; Walker v. Wells, 17 Ga. 551, 63 Am. Dec. 252; Chestnut v. Chestnut, 77 111. 349; Lyon v Ford, 20 D. C. 535; State Treasurer v. Foster, 7 Vt. 53; Lafayette County v. Won-derly, 92 Fed. 314, 34 C. C A. 360; Hadaway v. Hynson, 89 Md. 305, 43 Atl. 806.
—Scire facias ad audiendum errores. The
mime of a writ which is sued out after the plaintiff in error has assigned his errors. Fitzh. Nat. Brev. 20.—Scire facias ad disproban-dum debitum. The name of a writ in use in Pennsylvania, which lies by a defendant in for­eign attachment against the plaintiff, in order to enable him, within a year and a day next ensuing the time of payment to the plaintiff in the attachment, to disprove or avoid the debt recovered against him. Bouvier.—Scire facias ad rehabendam terrain. A scire facias ad rehabendam terram lies to enable a judgment debtor to recover back his lands taken under an elegit when the judgment creditor has satisfied or been paid the amount of his judgment. Chit. 692; Fost. on Sci. Fa. 58.—Scire facias for the crown. In English law. The summary proceeding by extent is only resorted to when a. crown debtor is insolvent, or there is good ground for supposing that the debt may be lost by delay. In ordinary cases where a debt or duty appears by record to be owing to the crown, the process for the crown is a writ of sci. fa. qware executionem non; but should the defendant become insolvent pending this writ, the crown may abandon the proceeding and re­sort to an extent. Wharton.—Scire facias quare restitutionem non. This writ lies where execution on a judgment has been levied, but the money has not been paid over to the f plaintiff, and the judgment is afterwards re­versed in error or on appeal; in such a case a scire facias is necessary before a writ of resti­tution can issue. Chit. 582; Fost. on Sci. Fa. 64.—Scire facias sur mortgage. A writ of scire facias issued upon the default of a mort­gagor to make payments or observe conditions, requiring him to show cause why the mortgage should not be foreclosed, and the mortgaged' property taken and sold in execution.—Scire facias snr municipal claim. A writ of scire facias, authorized to be issued, in Penn­sylvania, as a means of enforcing payment of a municipal claim (q. v.) out of the real estate upon which such claim is a lien.
SCIRE FECI. Lat In practice. The name given to the sheriff's return to a writ of scire facias that he has caused notice to be given to the party or parties against whom the writ was issued. 2 Archb. Pr. K. B. 98, 99.
SCIRE FIERI INQUIRY. In English law. The name of a writ formerly used to recover the amount of a judgment from an executor.
Scire leges non hoe est verba eanun tenere, sed vim ac potestatem. To know the laws is not to observe their mere words, but their force and power; [that is, the es­sential meaning in which their efficacy re­sides.] Dig. 1, 3, 17; 1 Kent, Comm. 462.
Scire proprie est rem ratione et per causam cognoscere. To know properly is to know a thing in its reason, and by its cause. We are truly said to know anything, where we know the true cause thereof. Co. Litt. 1836.
SCIREWYTE. In old English law. A tax or prestation paid to the sheriff for hold­ing the assizes or county courts. CowelL
SCISSIO. Lat In old English law. A cutting. Scissio auricularum, cropping of the ears. An old punishment. Fleta, lib. 1, c. 38, § 10.
SCITE, or SITE. The sitting or standing on any place; the seat or situation of a cap­ital messuage, or the ground whereon it stands. Jacob.
SCOLD. A troublesome and angry wo­man, who, by brawling and wrangling among her neighbors, breaks the public peace, in­creases discord, and becomes a public nui­sance to the neighborhood. 4 Steph. Comm. 276.
-Common scold. One who, by the practice of frequent scolding, disturbs the neighborhood. Bish. Crim. Law, § 147. A quarrelsome, brawl­ing, vituperative person. U. S. v. Royall, 27 Fed. Cas. 907; Com. v. Mohn, 52 Pa. 243, 91 Am. Dec. 153; Baker v. State, 53 N. J. Law, 45, 20 Atl. 858.
SCOT. In old English law. A tax, or tribute; one's share of a contribution.
—Scot and lot. In English law. The name of a customary contribution, laid upon all sub­jects according to their ability. Brown.—-Scot and lot voters. In English law. Voters in certain boroughs entitled to the franchise in vir­tue of their paying this contribution. 2 Steph. Comm. 360.
SCOTAIi. In old English law. An ex­tortionate practice by officers of the forest who kept ale-houses, and compelled the peo­ple to drink at their houses for fear of their displeasure. Prohibited by the charter of the forest, c. 7. Wharton.
SCOTCH PEERS. Peers of the king­dom of Scotland; of these sixteen are elected to parliament by the rest and represent the whole body. They are elected for one parlia­ment only.


SCOTS. In English law. Assessments by commissioners of sewers.
SCOTTARE. To pay scot, tax, or cus­tomary dues. Cowell.
SCOUNDREL. An approbious epithet, implying rascality, villainy, or a want of honor or integrity. In slander, this word Is not actionable per se. 2 Bouv. Inst 2250.
SCRAWL. A word used in some of the United States for scrowl or scroll. "The word 'seal,' written in a scrawl attached to the name of an obligor, makes the instrument a specialty." Gomerford v. Cobb, 2 Fla. 418.
SCRIBA. Lat. A scribe; a secretary. Soriba regis, a king's secretary; a chancel­lor. Spelman.
Scribere est agere. To write is to act. Treasonable words set down in writing amount to overt acts of treason. 2 Rolle, 89; 4 Bl. Comm. 80; Broom, Max: 312, 967.
SCRIP. Certificates of ownership, either absolute or conditional, of shares in a public company, corporate profits, etc. Pub. St. Mass. 1882, p. 1295.
A scrip certificate (or shortly "scrip") is an acknowledgment by the projectors of a company or the issuers of a loan that the person named therein (or more commonly the holder for the time being of the certifi­cate) is entitled to a certain specified num­ber of shares, debentures, bonds, etc. It Is usually given in exchange for the letter of allotment, and in its turn is given up for the shares, debentures, or bonds which it represents. Lindl. Partn. 127; Sweet.
The term has also been applied in the United States to warrants or other like or­ders drawn on a municipal treasury (Alma v. Guaranty Sav. Bank, 60 Fed. 207, 8 C. C. A. 564,) to certificates showing the holder to be entitled to a certain portion or allot­ment of public or state lands, (Wait v. State Land Office Com'r, 87 Mich. 353, 49 N. W. 600,) and to the fractional paper currency issued by the United States during the pe­riod of the Civil War.
—Scrip dividend. See Dividend.
SCRIPT. Where instruments are exe­cuted in part and counterpart, the original or principal is so called.
In English probate practice. A will, codicil, draft of will or codicil, or written instructions for the same. If the will is de­stroyed, a copy or any paper embodying its contents becomes a script, even though not made under' the direction of the testator. Browne, Prob. Pr. 280.
Scripts obligationes scriptis tollun-tnr, et audi consensus obligatio con-trario consensu dissolvitur. Written ob­ligations are superseded by writings, and. an obligation of naked assent is dissolved by as­sent to the contrary.
SCRIPTORIUM. In old records. A place in monasteries, where writing was done. Spelman.
SCRIPTUM. Lat. A writing; some­thing written. Fleta, 1. 2, c. 60, § 25.
—Scriptum indentatum. A writing indent­ed ; an indenture or deed.—Scriptum obliga-
torium. A writing obligatory. The technical name of a bond in old pleadings. Any writing under seal.
SCRIVENER. A writer; scribe; con­veyancer. One whose occupation is to draw contracts, write deeds and mortgages, and prepare other species of written instruments.
Also an agent to whom property is in­trusted by others for the purpose of lending it out at an Interest payable to his principal, and for a commission or bonus for himself, whereby he gains his livelihood.
—Money scrivener. A money broker. The name was also formerly applied in England to a person (generally an attorney or solicitor) whose business was to find investments for the money of his clients, and see to perfecting the securi­ties, and who was often intrusted with the cus­tody of the securities and the collection of the interest and principal. See Williams v. Walk­er, 2 Sandf. Ch. (N. Y.) 325.
SCROLL. A mark intended to supply the place of a seal, made with a pen or other instrument of writing.
A paper or parchment containing some writing, and rolled up so as to conceal it
SCROOP'S INN. An obsolete law so­ciety, also called "Serjeants' Place," oppo­site to St. Andrew's Church, Holborn, Lon­don.
SCRUET-ROLL. In old practice. A species of roll or record, on which the bail on habeas corpus was entered.
SCRUTATOR. Lat. In old English law. A searcher or bailiff of a river; a water-bailiff, whose business was to look to the king's rights, as his wrecks, his flotsam, jet­sam, water-strays, royal fishes. Hale, de Jure Mar. pars 1, c. 5.
SCUSSUS. In old European law. Shak­en or beaten out; threshed, as grain. Spel­man.
SCUTAGE. In feudal law. A tax or contribution raised by those that held lands by knight's service, towards furnishing the king's army, at the rate of one, two or three marks for every knight's fee.
A pecuniary composition or commutation


made by a tenant by knight-service In lieu of actual service. 2 Bl. Comm. 74.
A pecuniary aid or tribute originally re­served by particular lords, instead or In lieu of personal service, varying In amount according to the expenditure which the lord had to incur in his personal attendance upon the king In his wars. Wright, Ten. 121-134.
SCUTAGIO HABENDO. A writ that anciently lay against tenants by knight's service to serve in the wars, or send suffi­cient persons, or pay a certain sum. Fitzh. Nat Brev. 83.
SCUTE. A French coin of gold, coined A. D. 1427, of the value of 3s, 4d.
SCUTEZiliA. A scuttle; anything of a flat or broad shape like a shield. Cowell.
—Scutella eleemosynaria. An alms-basket.
SCUTIFER. In old records. Esquire; the same as "armiger." Spelman.
SCUTUM ABMORUM. A shield or coat of arms. Cowell.
SCYRA. In old English law. Shire; county; the inhabitants of a county.
SCYREGEMOTE. In Saxon law. The meeting or court of the shire. This was the most important court in the Saxon polity, having jurisdiction of both ecclesiastical and secular causes. Its meetings were held twice In the year. Its Latin name was "curia comitatis."
SE DEFENDENDO. Lat. In defending himself; in self-defense. Homicide commit­ted se defendendo is excusable.
SEA. The ocean; the great mass of wa­ter which surrounds the land. U. S. v. Rod-gers, 150 U. S. 249, 14 Sup. Ct. 109, 37 L. Ed. 1071; De Lovio v. Boit, 7 Fed. Cas. 428; Cole v. White, 26 Wend. (N. Y.) 516; Snow-don v. Guion, 50 N. Y. Super. Ct. 143.
—Beyond sea. In England, this phrase means beyond the limits of the British Isles; in America, outside the limits of the United States or of the particular state, as the case may be. —High seas. The ocean ; public waters. Ac­cording to the English doctrine, the high sea begins at the distance of three miles from the coast of any country; according to the American view, at low-water mark, except in the case of small harbors and roadsteads in­closed within the fauces terra. Ross v. Mc-Intyre, 140 U. S. 453, 11 Sup. Ct. 897, 35 L. Ed. 581; U. S. v. Grush, 26 Fed. Cas. 50; U. S. v. Rodgers, 150 U. S. 249, 14 Sup. Ct. 109, 37 L. Ed. 1071; Ex parte Byers (D. C.) 32 Fed. 405. The open ocean outside of the ?foAnces terra, as distinguished from arms of the sea; the waters of the ocean without the boundary of any county. Any waters on the sea-coast which are without the boundaries of low-water mark.—Main sea. The open, unin­dorsed ocean; or that portion of the sea which is without the fauces terra on the sea-coast, in
contradistinction to that which is surrounded or inclosed between narrow headlands or promon­tories. People v. Richmond County, 73 N. Y. 396; U. S. v. Grush, 26 Fed. Cas. 48; U. S. v. Rodgers, 150 U. S. 249, 14 Sup. Ct 109, 37 L. Ed. 1071; Baker v. Hoag, 7 N. Y. 561, 59 Am. Dec. 431; 2 East, P. C. c. 17, § 10.—Sea-batteries. Assaults by masters in the mer­chant service upon seamen at sea.—Sea-bed. All that portion of land under the sea that lies beyond the sea-shore.—Sea-brief. See Sea-Letter.—Sea-greens. In the Scotch law. Grounds overflowed by, the sea in spring tides. Bell.—Sea-laws. Laws relating to the sea, as the laws of Oleron, etc.—Sea-letter. A species of manifest, containing a description of the ship's cargo, with the port from which it comes and the port of destination. This is one of the documents necessary to be carried by all neutral vessels, in the merchant service, in time of war, as an evidence of their nationality. 4 Kent, Comm. 157. See Sleght v. Hartshorne, 2 Johns. (N. Y.) 540.—Sea-reeve. An officer in maritime towns and places who took care of the maritime rights of the lord of the manor, and watched the shore, and collected wrecks for the lord. Tomlins.—Sea rovers. Pirates and robbers at sea.—Sea-shore. The margin of the sea in its usual and ordinary state. When the tide is out, low-water mark is the margin of the sea; and, when the sea is full, the margin is" high-water mark. The sea-shore is therefore all the ground between the ordinary high-water mark and low-water mark. It cannot be considered as including any ground always covered by the sea, for then it would have no definite limit on the sea-board. Neither can it include any part of the upland, for the same reason. Storer v. Freeman, 6 Mass. 439, 4 Am, Dec. 155; Church v. Meeker, 34 Conn, 424. That space of land over which the waters of the sea are spread in the highest water dur­ing the winter season. Civ. Code La. art. 442. —Seaworthy, Seaworthiness. See those titles.
SEAL. An impression upon wax, wafer, or some other tenacious substance capable of being impressed. Allen v. Sullivan R. Co., 32 N. H. 449; Solon v. Williamsburgh Sav. Bank, 114 N. Y. 132, 21 N. E. 168; Alt v. Stoker, 127 Mo. 471, 30 S. W. 132; Brad­ford v. Randall, 5 Pick. (Mass.) 497; Osborn v. Kistler, 35 Ohio St. 102; Hopewell Tp. v. Amwell Tp., 6 N. J. Law, 175; Jones v, Logwood, 1 Wash. (Va.) 43.
A seal is a particular sign, made to attest In the most formal manner, the execution of an instrument. Code Civ. Proc. Cal. § 1930.
Merlin defines a seal to be a plate of metal with a flat surface, on which is engraved the arms of a prince or nation, or private individ­ual, or other device, with which an impression may be made on wax or other substance on paper or parchment in order to authenticate them. The impression thus made is also called a "seal." Repert. mot "Sceau."
-Common seal. A seal adopted and used by a corporation for authenticating its corporate acts and executing legal instruments.—Corporate seal. The official or common seal of an incorpo­rated company or association.—Great seal. In English law. A seal by virtue of which a great part of the royal authority is exercised. The of­fice of the lord chancellor, or lord keeper, is created by the delivery of the great seal into hi? custody. There is one great seal for all public acts of state which concern the United King­dom. Mozley & Whitley. In American law, the United States and also each of the states has and uses a seal, always carefully described by law, and sometimes officially called the "great" seal, though in some instances knows


simply as "the seal of the United States," or "the seal of the state."—Private seal. The seal (however made) of a private person or cor­poration, as distinguished from a seal employed by a state or government or any of its bureaus or departments.—Privy seal. In English law. A seal used in making out grants or letters patent, preparatory to their passing under the great seal. 2 Bl. Comm. 347.—Public seal. A seal belonging to and used by one of the bureaus or departments of government; for authenticating or attesting documents, process, or records. An impression made of some de­vice, by means of a piece of metal or other hard substance, kept and used by public author­ity. Kirksey v. Bates, 7 Port. (Ala.) 534, 31 Am. Dec. 722.—Quarter seal. In Scotch law. A seal kept by the director of the chancery; in shape and impression the fourth part of the great seal, and called in statutes the "testi­monial" of the great seal. Bell.—Seal days. In English practice. Motion days in the court of chancery, so called because every motion had to be stamped with the seal, which did not lie in court in the ordinary sittings out of term. Wharton.—Seal office. In English practice. An office for the sealing of judicial writs.— Seal-paper. In English law. A document issued by the lord chancellor, previously to the commencement of the sittings, detailing the business to be done for each day in his court, and in the courts of the lords justices and vice-chancellors. The master of the rolls in like manner issued a seal-paper in respect of the business to be heard before him. Smith, Ca. Pr. 9.
SEALED. Authenticated by a seal; ex­ecuted by the affixing of a seal. Also fas­tened up in any manner so as to be closed against inspection of the contents.
—Sealed and delivered. These words, fol­lowed by the signatures of the witnesses, con­stitute the usual formula for the attestation of conveyances.—Sealed instrument. An in­strument of writing to which the party to be bound has affixed, not only his name, but also his seal, or (in those jurisdictions where it is allowed) a scroll, (q v.)—Sealed verdict. When the jury have agreed upon a verdict, if the court is not in session at the time, they are permitted (usually) to put their written finding in a sealed envelope, and then separate. This verdict they return when the court again con­venes. The verdict thus returned has the same effect, and must be treated in the same manner, as if returned in open court before any separa­tion of the jury had taken place. The process is called "sealing a verdict" Sutliff v. Gilbert, 8 Ohio, 408; Young v. Seymour, 4 Neb. 89.
SEALING. By seals, In matters of suc­cession, is understood the placing, by the proper officer, of seals on the effects of a succession for the purpose of preserving them, and for the interest of third persons. The seals are affixed by order of the judge having jurisdiction. Civ. Code La. art 1075.
SEALING UP. Where a party to an ac­tion has been ordered to produce a docu­ment part of which Is either irrelevant to the matters In question or is privileged from production, he may, by leave of the court, seal up that part, if he makes an affidavit stating that it is irrelevant or privileged. Danlell, Ch. Pr. 1681. The sealing up is generally done by fastening pieces of paper over the part with gum or wafers. Sweet.
SEALS. In Louisiana. Seals are placed upon the effects of a deceased person, in cer­tain cases, by a public officer, as a method of taking official custody of the succession. See Sealing.
SEAMEN. Sailors; mariners; persons whose business Is navigating ships. Com­monly exclusive of the officers of a ship.
SEANCE. In French law. A session; as of some public body.
SEARCH. In international law. The
right of search is the right on the part of ships of war to visit and search merchant vessels during war, in order to ascertain whether the ship or cargo is liable to seizure. Resistance to visitation and search by a neu­tral vessel makes the vessel and cargo liable to confiscation. Numerous treaties regulate the manner in which the right of search must be exercised. Man. Int. Law, 433; Sweet.
In criminal law. An examination of a man's house or other buildings or premises, or of his person, with a view to the discov­ery of contraband or illicit or stolen prop­erty, or some evidence of guilt to be used in the prosecution of a criminal action for som« crime or offense with which he is charged.
In practice. An examination of the of­ficial books and dockets, made in the pro­cess of investigating a title to land, for the purpose of discovering if there are any mort­gages, judgments, tax-liens, or other incum­brances upon it.
SEARCH-WARRANT. A search-war­rant is an brder in writing, issued by a jus­tice or other magistrate, In the name of the state, directed to a sheriff, constable, or oth­er officer, commanding him to search a speci­fied house, shop, or other premises, for per­sonal property alleged to have been stolen, or for unlawful goods, and to bring the same, when found, before the magistrate, and us­ually also the body of the person occupying the premises, to be dealt with according to law. Pen. Code Cal. § 1523; Code Ala. 1886, § 4727; Rev. Code Iowa 1880, § 4629.
SEARCHER. In English law. An of­ficer of the customs, whose duty It Is to ex­amine and search all ships outward bound, to ascertain whether they have any prohibit­ed or uncustomed goods on board. Wharton. Jacob.
SEAWAN. The name used toy the Al­gonquin Indians for the shell beads (or wam­pum) which passed among the Indians as money. Webster.
SEAWORTHINESS. In marine insur­ance. A warranty of seaworthiness means that the vessel is competent to resist the


ordinary attacks of wind and weather, and is competently equipped and manned for the voyage, with a sufficient crew, and with suf­ficient means to sustain them, and with a captain of general good character and naut­ical skill. 3 Kent, Comm. 287.
A warranty of seaworthiness extends not only to the condition of the structure of the ship itself, but requires that it be properly laden, and provided with a competent mas­ter, a sufficient number of competent officers and seamen, and the requisite appurtenances and equipments, such as ballast, cables and anchors, cordage and sails, food, water, fuel, and lights, and other necessary or proper stores and implements for the voyage. Civil Code Cal. § 2684.
The term "seaworthy" is somewhat equivocal. In its more literal sense, it signifies capable of navigating the sea; but, more exactly, it im­plies a condition to be and remain in safety, in the condition she is in, whether at sea, in .port, or on a railway, stripped and under repairs. If, when the policy attaches, she is in a suitable place, and capable, when repaired and equipped, of navigating the sea, she is seaworthy. But where a vessel is warranted seaworthy for a specified voyage, the place and usual length being given, something more is implied than mere physical strength and capacity; she must be suitably officered and manned, supplied with provisions and water, and furnished with charts and instruments, and, especially in time of war, with documents necessary to her security against hostile capture. The term "seaworthy," as used in the law and practice of insurance, does not mean, as the term would seem to im­ply, capable of going to sea or of being navi­gated on the sea; it imports something very different, and much more, viz., that she is sound, staunch, and strong, in all respects, and equipped, furnished, and provided with officers and men, provisions and documents, for a cer­tain service. In a policy for a definite voyage, the term "seaworthy" means "sufficient for such a vessel and voyage." Capen v. Washington Ins. Co., 12 Cush. (Mass.) 517, 536.
SEAWORTHY. This adjective, applied to a vessel, signifies that she is properly con­structed, prepared, manned, equipped, and provided, for the voyage intended. See Sea­worthiness.
SECK. A want of remedy by distress. Litt. § 218. See Rent. Want of present fruit or profit, as in the case of the reversion without rent or other service, except fealty. Co. Litt. 151&, n. 5.
SECOND. This term, as used in law, may denote either sequence in point of time or inferiority or postponement in respect to rank, lien, order, or privilege.
As to second "Cousin," "Deliverance," "Distress," "Lien," "Mortgage," and "Sur­charge," see those titles. As to "Second­hand Evidence," see Evidence. As to "Sec­ond of Exchange," see Fibst.
SECONDARY, n. In English practice An officer of the courts of king's bench and common pleas; so called because he was
second or next to the chief officer. In tht king's bench he was called "Master of the King's Bench Office," and was a deputy of the prothonotary or chief clerk. 1 Archb. Pr. K. B. 11, 12. By St. 7 Wm. IV. and 1 Vict. c. 30, the office of secondary was abol­ished.
An officer who is next to the chief officer. Also an officer of the corporation of London, before whom inquiries to assess damages are held, as before sheriffs in counties. Whar­ton.
SECONDARY, adj. Of a subsequent, subordinate, or inferior kind or class; gen­erally opposed to "primary."
As to secondary "Conveyances," "Ease­ment," "Evidence," "Franchise," and "Use," see those titles.
SECONDS. In criminal law. Those per­sons who assist, direct, and support others engaged in fighting a duel.
SECRET. Concealed; hidden; not made public; particularly, in law, kept from the knowledge or notice of persons liable to be affected by the act, transaction, deed, or other thing spoken of.
As to secret "Committee," "Equity," "Lien," "Partnership," and "Trust," see those titles.
SECRETARY. The secretary of a cor­poration or association is an officer charged with the direction and management of that part of the business of the company which is concerned with keeping the records, the of­ficial correspondence, with giving and re­ceiving notices, countersigning documents, etc.
The name "secretary" is also given to sev­eral of the heads of executive departments in the government of the United States; as the "Secretary of War," "Secretary of the Interior," etc. It is also the style of &ome of the members of the English cabinet; as the "Secretary of State for Foreign Af­fairs." There are also secretaries of embas­sies and legations.
—Secretary of decrees and injunctions.
An officer of the English court of chancery. The office was abolished by St. 15 & 16 Vict c. 87, § 23.—Secretary of embassy. A dip­lomatic officer appointed as secretary or as­sistant to an ambassador or minister plenipo­tentiary.—Secretary of legation. An officer employed to attend a foreign mission and to per­form certain duties as clerk.—Secretary of state. In American law. This is the title of the chief of the executive bureau of the United States called the "Department of State." He is a member of the cabinet, and is charged with the general administration of the inter­national and diplomatic affairs of the govern­ment. In many of the state governments there is an executive officer bearing the same title and exercising important functions. In English law. The secretaries of state are cabinet min­isters attending the sovereign for the receipt and dispatch of letters, grants, petitions, and many of the most important affairs of the king-


dom, both foreign and domestic. There are five principal secretaries,—one for the home department, another for foreign affairs, a third for the colonies, a fourth for war, and a fifth for India. Wharton.
SECRETE. To conceal or hide away. Particularly, to put property out of the reach of creditors, either 'by corporally hiding it, or putting the title in another's name, or otherwise hindering creditors from levying on it or attaching it. Pearre v. Hawkins, 62 Tex. 437; Guile v. McNanny, 14 Minn. 522 (Gil. 391) 100 Am. Dec. 244; Sturz v. Fischer, 15 Misc. Rep. 410, 36 N. Y. Supp. 894.
SECT. "A religious sect is a body or number of persons united in tenets, but con­stituting a distinct organization or party, by holding sentiments or doctrines different from those of other sects or people." State v. Hallock, 16 Nev. 385.
SECTA. In old English law. Suit; at­tendance at court; the plaintiffs suit or fol­lowing, i. e., the witnesses whom he was re­quired, in the ancient practice, to bring with him and produce in court, for the purpose of confirming his claim, before the defend­ant was put to the necessity of answering the declaration. See 3 Bl. Comm. 295, 344; Bract, fol. 214a. A survival from this pro­ceeding is seen in the formula still used at the end of declarations, "and therefore he brings his suit," (et inde producit sectam.)
This word, in its secondary meaning, sig­nifies suit in the courts; lawsuit.
—Secta ad curiam. A writ that lay against him who refused to perform his suit either to the county court or the court-baron. Cowell. —Secta ad furnum. In old English law. Suit due to a man's public oven or bake-house. 3 Bl. Comm. 235.—Secta ad justiciam fac-iendam. In old English law. A service which a man is bound to perform by his fee.—Secta ad molendinum. A writ which lay for the owner of a mill against the inhabitants of a place where such mill is situated, for not doing suit to the plaintiff's mill; that is, for not hav­ing their corn ground at it. Brown.—Secta ad torrale. In old English law. Suit due to a man's kiln or malthouse. 3 Bl. Comm. 235. —Secta curiae. In old English law. Suit of court; attendance at court. The service, incumbent upon feudal tenants, of attending the lord at his court, both to form a jury when required, and also to answer for their own actions when complained of.—Secta facienda per illam quae habet eniciam partem. A. writ to compel the heir, who has the elder's part of the co-heirs, to perform suit and serv­ices' for all the coparceners. Reg. Orig. 177. —Secta regalis. A suit so called by which all persons were bound twice in the year to attend in the sheriff's tourn, in order that they might be informed of things relating to the public peace. It was so called because the sheriff's tourn was the king's leet, and it was held in order that the people might be bound by oath to bear true allegiance to the king. Cowell.—Secta unica tantum faci­enda pro pluribus hsereditatibus. A writ for an heir who was distrained by the lord to do more suits than one, that he should be allowed to do one suit only in respect of the land of divers heirs descended to him. Cowell.
Secta est pugna civilis; sicut actores armantur actionibns, et, quasi, gladiis accinguntur, ita rei muniuntur excep-tionibus, et defenduntur, quasi, clypeis.
Hob. 20. A suit is a civil warfare; for as the plaintiffs are armed with actions, and, as it were, girded with swords, so the defend­ants are fortified with pleas, and are defend­ed, as it were, by shields.
Secta quse scripto nititur a scripto variari non debet. Jenk. Cent. 65. A suit Which is based upon a writing ought not to vary from the writing.
SECTATORES. Suitors of court who, among the Saxons, gave their judgment or verdict in civil suits upon the matter of fact and law. 1 Reeve, Eng. Law, 22.
SECTION. In text-books, codes, statutes, and other juridical writings, the smallest distinct and numbered subdivisions are com­monly called "sections," sometimes "arti­cles," and occasionally "paragraphs."
SECTION OF LAND. In American land law. A division or parcel of land, on the government survey, comprising one square mile or 640 acres. Each "township" (six miles square) is divided by straight lines into thirty-six sections, and these are again divided into half-sections and quarter-sec­tions.
The general and proper acceptation of the terms "section," "half," and "quarter section," as well as their construction by the general land department, denotes the land in the sec­tional and subdivisional lines, and not the exact quantity which a perfect admeasurement of an unobstructed surface would declare. Brown v. Hardin, 21 Ark. 327.
SECTIS NON FACIENDIS. A writ which lay for a dowress, or one in wardship, to be free from suit of court. Cowell.
SECTORES. Lat In Roman law. Pur­chasers at auction, or public sales.
SECUIiAR. Not spiritual; not ecclesias­tical; relating to affairs of the present world.
—Secular business. As used in Sunday laws, this term includes all forms of activity in the business affairs of life, the prosecution of a trade or employment, and commercial dealings, such as the making of promissory notes, lending money, and the like. See Lovejoy v. Whipple, 18 Vt. 383, 46 Am. Dec. 157; Finn v. Dona­hue, 35 Conn. 217; Allen v. Deming, 14 N. H. 139, 40 Am. Dec. 179; Smith v. Foster, 41 N. H. 221.—Secular clergy. In ecclesiastical law, this term is applied to the parochial clergy, who. perform their ministry in seculo (in the world), and who are thus distinguished from the monastic or "regular" clergy. Steph. Comm. 681, note.
SECUNDUM. Lat. In the civil and common law. According to. Occurring In many phrases of familiar use, as follows:
—Secundum sequnm et bonum. According to what is just and right.—Secundum, alle-


gata et probata. According to what is al­leged and proved; according to the allegations and proofs. 15 East, 81; Cloutman v. Tunison, 1 Sumn. 375, Fed. Cas. No. 2,907.—Secundum artem. According to the art, trade, business, or science.—Secundum bonos mores. Ac­cording to good usages; according to established custom ; regularly; orderly.—Secundum con-?uetudinem manerii. According to the cus­tom of the manor.—Secundum formam chartse. According to the form of the charter, (deed.)—Secundum formam doni. Accord­ing to the form of the gift or grant. See Fob-medon.—Secundum formam statuti. Ac­cording to the form of the statute.—Secundum legem communem. According to the com­mon law.—Secundum normam legis. Ac­cording to the rule of law; by the intendment and rule of law.—Secundum regulam. Accord­ing to the rule; by rule.—Secundum subjec-tam materiam. According to the subject-matter. 1 Bl. Oomm. 229. All agreements must be construed secundum subjectam materi­am if the matter will bear it. 2 Mod. 80, arg.
Secundum naturam est commoda cu-jusque rei eum sequi, quern sequuntur incommoda. It is according to nature that the advantages of anything should attach to him to whom the disadvantages attach. Dig. 50, 17, 10.
SECURE. To give security; to assure of payment, performance, or indemnity; to guaranty or make certain the payment of a debt or discharge of an obligation. One "se­cures" his creditor by giving him a lien, mortgage, pledge, or other security, to be used in case the debtor fails to make pay­ment. See Pennell v. Rhodes, 9 Q. B. 114; Ex parte Reynolds, 52 Ark. 330, 12 S. W. 570; Foot v. Webb, 59 Barb. (N. T.) 52.
SECURED CREDITOR. A creditor who holds some special pecuniary assurance of payment of his debt, such as a mortgage or lien.
SECURITAS. In old English law.
Security; surety.
In tbe civil law. An acquitta&ce or re­lease. Spelman; Calvin.
ancient writ, lying for the sovereign, against any of his subjects, to stay them from going out of the kingdom to foreign parts; the ground whereof is that every man is bound to serve and defend the commonwealth as the crown shall think fit. Fitzh. Nat Brev. 115.
SECURITATIS PACIS. In old English law. Security of the peace. A writ that lay for one who was threatened with death or bodily harm by another, against him who so threatened. Reg. Orig. 88.
SECURITY. Protection; assurance; in­demnification. The term is usually applied to an obligation, pledge, mortgage, deposit, lien, etc., given by a debtor in order to make sure the payment or performance of his
debt, by furnishing the creditor with a re­source to be used in case of failure in th« principal obligation. The name is also some­times given to one who becomes surety or guarantor for another. See First Nat. Bank v. Hollinsworth, 78 Iowa, 575, 43 N. W. 536, 6 L. R. A. 92; Storm v. Waddell, 2 Sandf. Ch. (N. Y.) 507; Goggins v. Jones, 115 Ga. 596, 41 S. E. 995; Jennings v. Davis, 31 Conn. 139; Mace v. Buchanan (Tenn. Ch.) 52 S. W. 507.
—Collateral security. See Coixatebal.— Counter security. See Counteb.—Mar­shaling securities. See Marshaling.— Personal security. (1) A person's legal and uninterrupted enjoyment of his life, his limbs, his body, his health, and his reputation. 1 Bl. Comm. 129. Sanderson v. Hunt, 25 Ky. Law Rep. 626, 76 S. W. 179. (2) Evidences of debt Which bind the person of the debtor, not real property, are distinguished from such as are liens on land by the name of "personal securi­ties." Merrill v. National Bank, 173 U. S. 131, 19 Sup. Ct. 360, 43 L. Ed. 640.—Public se­curities. Bonds, notes, certificates of indebt­edness, and other negotiable or transferable instruments evidencing the public debt of a state or government.!—Real security. The security of mortgages or other liens or incum­brances upon land. See Merrill v. National Bank, 173 U. S. 131, 19 Sup. Ct. 360, 43 L. Ed. 640.—Security for costs. See Costs.— Security for good behavior. A bond or recognizance which the magistrate exacts from a defendant brought before him on a charge of disorderly conduct or threatening violence, con­ditioned upon his being of good behavior, or keeping the peace, for a prescribed period, towards all people in general and the complain­ant in particular.
Securius expediuntur negotia com-missa pluribus, et plus vident oculi quam oculus. 4 Coke, 46a. Matters in­trusted to several are more securely dis­patched, and eyes see more than eye, [i. e., "two heads are better than one."]
SECUS. Lat. Otherwise; to the con­trary. This word is used in the books to in­dicate the converse of a foregoing proposi­tion, or the rule applicable to a different state of facts, or an exception to a rule be­fore stated.
SED NON ALLOCATUR. Lat. But It is not allowed. A phrase used in the old re­ports, to signify that the court disagreed with the arguments of counsel.
SED PER CURIAM. Lat. But by the
court . This phrase is used in the re­
ports to introduce a statement made by the
court, on the argument, at variance with the
propositions advanced by counsel, or the
opinion of the whole court, where that is
different from the opinion of a single judge
immediately before quoted.
SED QU.2BRE. Lat But inquire; ex­amine this further. A remark indicating, briefly, that the particular statement or rule laid down is doubted or challenged in re spect to its correctness.

SED VIDE. Lat. But see. This remark, jollowed by a citation, directs the reader's attention to an authority or a statement which conflicts with or contradicts the state­ment or principle laid down.
SEDATO ANIMO. Lat With settled purpose. 5 Mod. 291.
SEDE PLENA. Lat The see being fill­ed. A phrase used when a bishop's see is not vacant
SEDENTE CURIA. Lat. The court sit­ting ; during the sitting of the court
SEDERUNT, ACTS OF. In Scotch law. Certain ancient ordinances of the court of session, conferring upon the courts power to establish general rules of practice. Bell.
SEDES. Lat A see; the dignity of a bishop. 3 Steph. Comm. 65.
SEDGE FLAT, like "sea-shore," imports a tract of land below high-water mark. Church v. Meeker, 84 Conn. 421.
SEDITION. An insurrectionary move­ment tending towards treason, but wanting an overt act; attempts made by meetings or speeches, or by publications, to disturb the tranquillity of the state.
The distinction between "sedition" and "trea­son" consists in this: that though the ultimate object of sedition is a violation of the public peace, or at least such a course of measures as evidently engenders it, yet it does not aim at direct and open violence against the laws or the subversion of the constitution. Alis. Crim. Law, 580.
In Scotch law. The raising commotions or disturbances in the state. It is a revolt against legitimate authority. Ersk. Inst 4, 4, 14.
In English law. Sedition is the offense of publishing, verbally or otherwise, any words or document with the intention of ex­citing disaffection, hatred, or contempt against the sovereign, or the government and constitution of the kingdom, or either house of parliament, or the administration of jus­tice, or of exciting his majesty's subjects to attempt, otherwise than by lawful means, the alteration of any matter in church or state, or of exciting feelings of ill will and hostility between different classes of his majesty's subjects. Sweet. And see State v. Shepherd, 177 Mo. 205, 76 S. W. 79, 99 Am. St. Rep. 624. —Seditions libel. See Libel.
SEDUCE. To entice a woman to the com­mission of fornication or adultery, by per­suasion, solicitation, promises, bribes, or oth­erwise; to corrupt; to debauch.
The word "seduce," when used with reference to the conduct of a man towards a woman, has
a precise and determinate signification, and "em vi termini" implies the commission or fornica­tion. An information for the crime of seduction need not charge the offense in any other words. State v. Bierce, 27 Conn. 319.
An injury for which a master may have an action on the case.
SEDUCTION. The act of a man in en­ticing a woman to commit unlawful sexual intercourse with him, by means of persua­sion, solicitation, promises, bribes, or other means without the employment of force.
In order to constitute seduction, the defend­ant must use insinuating arts to overcome the opposition of the seduced, and must by his wiles and persuasions, without force, debauch her. This is the ordinary meaning and accepta­tion of the word "seduce." Hogan v. Cregan, 6 Rob. (N. Y.) 150.
SEE. The circuit of a bishop's jurisdic­tion ; or his office or dignity, as being" bishop of a given diocese.
SEEN. This word, when written by the drawee on a bill of exchange, amounts to an acceptance by the law merchant Spear v. Pratt 2 Hill (N. Y.) 582, 33 Am. Dec. 600; Barnet v. Smith, 30 N. H. 256, 64 Am. Dec. 290; Peterson v. Hubbard, 28 Mich. 197.
SEIGNIOR, in its general signification, means "lord," but in law it is particularly applied to the lord of a fee or of a manor; and the fee, dominions, or manor of a seig­nior is thence termed a "seigniory," i. e., a lordship. He who is a lord, but of no man-or, and therefore unable to keep a court, is termed a "seignior in gross." Kitch. 206; Cowell.
SEIGNIORAGE. A royalty or preroga­tive of the sovereign, whereby an allowance of gold and silver, brought in the mass to be exchanged for coin, is claimed. Cowell. Mintage; the charge for coining bullion in­to money at the mint
SEIGNIORESS. A female superior.
SEIGNIORY. In English law. A lord­ship; a manor. The rights of a lord, as such, in lands.
This is the strict technical expression used to describe the ownership in "an estate in fee-simple in possession in a corporeal here­ditament." The word "seised" is used to express the "seisin" or owner's possession of a freehold property; the phrase "In de­mesne," or "in his demesne," (in dominico suo) signifies that he is seised as owner of the land itself, and not merely of the seig­niory or services; and the concluding words, "as of fee," import that he is seised of an estate of inheritance in fee-simple. Where


the subject Is incorporeal, or the estate ex­pectant on a precedent freehold, the words 'In his demesne" are omitted. (Co. Ldtt 17a; Fleta, 1. 5, c. 5, $ 18; Bract. L 4, tr. 5, c. 2, § 2.) Brown.
SEISI. In old English law. Seised; pos­sessed.
SEISIN. The completion of the feudal investiture, by which the tenant was admit­ted into the feud, and performed the rights of homage and fealty. Stearns, Real Act. 2.
Possession with an intent on £he part of him who holds it to claim a freehold inter­est Towle v. Ayer, 8 N. H. 58; Ferguson v. Witsell, 5 Rich. Law (S. C.) 280, 57 Am. Dec. 744; McNitt v. Turner, 16 Wall. 361, 21 L. Ed. 341; Deshong v. Deshong, 186 Pa. 227, 40 Atl. 402, 65 Am. St. Rep. 855.
Upon the introduction of the feudal law into England, the word "seisin" was applied only to the possession of an estate of freehold, in contradistinction to that precarious kind of possession by which tenants in villeinage held their lands, which was considered to be the pos­session of those in whom the freehold continued. The word still retains its original signification, being applied exclusively to the possession of land of a freehold tenure, it being inaccurate to use the word as expressive of the possession of leaseholds or terms of years, or even of copy­holds. Brown.
Under out law, the word "seisin" has no accu­rately defined technical meaning. At common law, it imported a feudal investiture of title by actual possession. With us it has the force of, possession under some legal title or right to hold. This possession, so far as possession alone is involved, may be shown by parol; but, if it is intended to show possession under a legal title, then the title must be shown by proper conveyance for that purpose. Ford v. Garner, 49 Ala. 603.
Every person in whom a seisin is required by any of the provisions of this chapter shall be deemed to have been seised, if he may have had any right, title, or interest in the inheritance. Code N. O. 1883, § 1281, rule 12.
—Actual seisin means possession of the free­hold by the pedis positio of one's self or one's tenant or agent, or by construction of law, as Wthe case of a state grant or a conveyance un­der the statutes of uses, or (probably) of grant or devise where there is no actual adverse pos­session ; it means actual possession as distin­guished from constructive possession or posses-<sion in law. Carpenter v. Garrett, 75 Va. 129, 135; Carr v. Anderson, 6 App. Div. 6, 39 N. Y. Supp. 746.—Constructive seisin. Seisin in law where there is no seisin in fact; as where the state issues a patent to a person who neVer takes any sort of possession of the lands granted, he has constructive seisin of all the land in his grant, though another person is at the time in actual possession. Garrett v. Ram­sey, 26 W. Va. 351.—Covenant of seisin. (See Covenant.—Equitable seisin. A seisin w'hich is analogous to legal seisin; that is, seisin of an equitable estate in land. Thus a mortgagor is said to have equitable seisin of the ISnd by receipt of the rents. Sweet.—Iiivery of seisin. Delivery of possession; called, by thft feudists, "investiture."—Primer seisin. In;, English law. The right which the king had, when any of his tenants died seised of a Slight's fee, to receive of the heir, provided he were of full age, one whole year's profits of thfejands, if they were in immediate possession; an£ half a year's profits, if the lands were in reversion, expectant on an estate for life. 2
Bl. Comm. 66.—Quasi seisin. A term applied to the possession which a copyholder has of the land to which he has been admitted. The free­hold in copyhold lands being in the lord, the copyholder cannot have seisin of them in the proper sense of the word, but he has a custom­ary or quasi seisin analogous to that of a free­holder. Williams, Seis. 126; Sweet—Seisin in deed. Actual possession of the freehold; the same as actual seisin or seisin in fact. Vanderheyden v. Crandall, 2 Denio (N. Y.) 21; Backus v. McCoy, 3 Ohio, 221. 17 Am. Dec. 585; Tate v. Jay, 31 Ark. 579.—Seisin in fact. Possession with intent on the .part of him who holds it to claim a freehold interest; the same as actual seisin. Seim v. CGrady, 42 W. Va. 77, 24 S. E. 994; Savage v. Savage, 19 Or. 112, 23 Pac. 890, 20 Am. St. Rep. 795. —Seisin in law. A right of immediate pos­session according to the nature of the estate. Martin v. Trail, 142 Mo. 85, 43 S. W. 655: Savage v. Savage, 19 Or. 112, 23 Pac. 890, 20 Am. St. Rep. 795. As the old doctrine of cor­poreal investiture is no longer in force, the de­livery of a deed gives seisin in law. Watkins v. Nugen, 118 Ga. 372, 45 S. E. 262.—Seisin ox. In Scotch law. A perquisite formerly due to the sheriff when he gave possession to an heir holding crown lands. It was long since con­verted into a payment in money, proportioned to the value of the estate. Bell.
SEISINA. L. Lat Seisin.
Seisina facit stipitem. Seisin makes the stock. 2 BL Comm. 209; Broom, Max. 525, 528.
SEISINA HABENDA. A writ for de­livery of seisin to the lord, of lands and ten­ements, after the sovereign, in right of his prerogative, had had the year, day, and waste on a felony committed, etc. Reg. Orig. 165.
SEIZIN. See Seisin.
SEIZING OF HEBIOTS. Taking the best beast, etc., where an heriot is due, on the death of the tenant 2 Bl. Comm. 422.
SEIZURE. In practice. The act per­formed by an officer of the law, under the authority and exigence of a writ, in taking into the custody of the law the property, real or personal, of a person against whom the judgment of a competent court has pass­ed, condemning him to pay a certain sum of money, in order that such property may be sold, by authority and due course of law, to satisfy the judgment. Or the act of taking possession of goods in consequence of a vio­lation of public law. See Carey v. Insur­ance Co., 84 Wis. 80, 54 N. W. 18, 20 L. R. A. 267, 36 Am. St. Rep. 907; Goubeau v. Railroad Co., 6 Rob. (La.) 348; Fluker v. Bullard, 2 La. Ann. 338; Pelham v. Rose, 9 Wall. 106, 19 L. Ed. 602; The Josef a Se-gunda, 10 Wheat. 326, 6 L. Ed. 329.
Seizure, even though hostile, is not necessarily capture, though such is its usual and probable result. The ultimate act or adjudication of the state, by which the seizure has been made, as­signs the proper and conclusive quality and de­nomination to the original proceeding. A con­demnation asserts a capture ci initio j an award


of restitution pronounces upon the act as hav­ing been not a valid act of capture, but an act of temporary seizure only. Appleton v. Crown-inshield, 3 Mass. 443.
In the law of copyholds. Seizure is where the lord of copyhold lands takes pos­session of them in default of a tenant. It is either seizure quousque or absolute seiz­ure.
SELDA. A shop, shed, or stall in a mar­ket; a wood of sallows or willows; also a sawpit Co. Litt 4.
SELECT COUNCIL. The name given, In some states, to the upper house or branch of the council of a city.
SELECTI JTJDICES. Lat In Roman law. Judges who were selected very much like our juries. They were returned by the praetor, drawn by lot, subject to be challeng­ed, and sworn. 3 Bl. Oomm. 366.
SELECTMEN. The name of certain mu­nicipal officers, in the New England states, elected by the towns to transact their gen­eral public business, and possessing certain executive powers. See Felch v. Weare, 69 N. H. 617, 45 Atl. 591.
SELF-DEFENSE. In criminal law. The protection of one's person or property against some injury attempted by another. The right of such protection. An excuse for the use of force in resisting an attack on the person, and especially for killing an assail­ant. See Whart Crim. Law, §§ 1019, 1026.
SELF-MURDER, or SELF-SLAUGH­TER. See Felo de Sb; Suicide.
SELF-REGARDING EVIDENCE. Evi­dence which either serves or disserves the party is so called. This species of evidence Is either self-serving (which is not in general receivable) or self-disserving, which is in­variably receivable, as being an admission against the party offering it, and that either in court or out of court. Brown.
SELION OF LAND. In old English law. A ridge of ground rising between two fur­rows, containing no certain quantity, but sometimes more and sometimes less. Termes de la Ley.
SELL. To dispose of by sale, (q. v.)
SELLER. One who sells anything; the party who transfers property in the contract of sale. The correlative Is "buyer," or "pur­chaser." Though these terms are not inap­plicable to the persons concerned in a trans­fer of real estate, it is more customary to •use "vendor" and "vendee" in that case.
SEMAYNE'S CASE. This case decided, In 1604, that "every man's house [meaning his dwelling-house only] is his castle," and that an officer executing civil process may not break open outer doors in general, but only inner doors, but that (after request made) he may break open even outer doors to find goods of another wrongfully in the house. Brown. It is reported in 5 Coke, 91.
SEMBLE. L. Fr. It seems; it would appear. This expression is often used In the reports to preface a statement by the court upon a point of law which is not directly decided, when such statement is intended as an intimation of what the decision would be if the point were necessary to be passed up­on. It is also used to introduce a sugges­tion by the reporter, or his understanding of the point decided when it Is not free from obscurity.
Semel civis semper civis. Once a citi­zen always a citizen. Tray. Lat. Max. 555.
Semel mains semper prsesnmitnr esse mains in eodem genere. Whoever Is once bad is presumed to be so always In the same kind of affairs. Cro. Car. 317.
SEMESTRIA. Lat. In the civil law. The collected decisions of the emperors in their councils.
SEMI-MATRIMONIUM. Lat. In Ro­man law. Half-marriage. Concubinage was so called. Tayl. Civil Law, 273.
the civil law. Half-full proof; half-proof. 3 Bl. Comm. 370. See Half-Pboof.
SEMINARIUM. Lat. In the civil law. A nursery of trees. Dig. 7, 1, 9, 6.
SEMINARY. A place of education. Any school, academy, college, or university in which young persons are instructed in the several branches of learning which may qual­ify them for their future employments. Webster.
The word is said to have acquired no fixed and definite legal meaning. See Chegaray v. New York, 13 N. Y. 229; Maddox v. Adair (Tex. Civ. App.) 66 S. W. 811; Miami County v. Wilgus, 42 Kan. 457, 22 Pac. 615; Warde v. Manchester, 56 N. H. 509, 22 Am. Rep. 504.
SEMINAUFRAGIUM. Lat In mari­time law. Half-shipwreck, as where goods are cast overboard in a storm; also where a ship has been so much damaged that her repair costs more than her worth. Whar­ton.
SEMITA. In old English law. A path. Fleta, L 2, c. 52, 5 20.


SEMPER. Lat Always. A word which Introduces several Latin maxims, of which some are also used without this prefix.
Semper in dubiis benigniora prsefe-renda sunt. In doubtful cases, the more favorable constructions are always to be pre­ferred. Dig. 50, 17, 56.
Semper in dubiis id agendum est, nt qnam tutissimo loco re* sit bona fide contracta, nisi qnom aperte contra leges scriptnm est. In doubtful cases, such a course should always be taken that a thing contracted bona -fide should be in the safest condition, unless when it has been openly made against law. Dig. 34, 5, 21.
Semper in obscnris, quod minimum est sequimur. In obscure constructions we always apply that which is the least ob­scure. Dig. 50, 17, 9; Broom, Max. 687».
Semper in stipulationibus, et in ce­teris contractibus, id sequimur quod ac­tum est. In stipulations and in other con­tracts we follow that which was done, [we are governed by the actual state of the facts.] Dig. 50, 17, 34.
Semper ita fiat relatio ut valeat dis-positio. Reference [of a disposition in a will] should always be so made that the dis­position may have effect. 6 Coke, 766.
Semper necessitas proband! incumbit el qui agit. The claimant is always bound to prove, [the burden of proof lies on the actor.]
SEMPER PARATUS. Lat Always ready. The name of a plea by which the de­fendant alleges thai he has always been ready to perform what is demanded of him. 3 Bl. Comm. 303.
Semper prsesumitur pro legitimatione puerorum. The presumption always is in favor of the legitimacy of children. 5 Coke, 986; Co. Litt 126a.
Semper prsesumitur pro matrimonio.
The presumption is always in favor of the validity of a marriage.
Semper prsesumitur pro negante. The
presumption is always in favor of the one who denies. See 10 Clark & F. 534; 3 Bl. & Bl. 723.
Semper prsesumitur pro sententia. The
presumption always is in favor of a sen­tence. 3 Bulst 42; Branch, Princ.
Semper qui non prohibet pro se in­ter venire, mandare creditur. He who does not prohibit the intervention of another
in his behalf is supposed to authorize it 2 Kent, Comm. 616; Dig. 14, 6, 16; Id. 46, S, 12, 4.
Semper sexus masoulinus etiam femi-ninum sexum continet. The masculine sex always includes the feminine. Dig. 32, 62.
Semper specialia generalibus insunt.
Specials are always included in generals. Dig. 50, 17, 147.
SEN. This is said to be an ancient word, which signified "justice." Co. Litt 61a.
SENAGE. Money paid for synodals.
SENATE. In American law. The name of the upper chamber, or less numerous branch, of the congress of the United States. Also the style of a similar body in the legislatures of several of the states.
In Roman law. The great administra­tive council of the Roman commonwealth.
SENATOR. In Roman law. A member of the aenatus.
In old English law. A member of the royal council; a king's councillor.
In American law. One who is a member of a senate, either of the United States or of a state.
Senatores sunt partes corporis regis.
Senators are part of the body of the king. Staundef. 72, B.; 4 Inst 53, in marg.
SENATORS OF THE COLLEGE OF JUSTICE. The judges of the court of ses­sion in Scotland are called "Senators of th« College of Justice."
SENATUS. Lat. In Roman law. The senate; the great national council of the Roman people.
The place where the senate met Calvin.
SENATUS CONSULTUM. In Roman law. A decision or decree of the Roman senate, having the force of law, made without the concurrence of the people. These enact­ments began to take the place of laws en­acted by popular vote, when the commons had grown so great in number that they could no longer be assembled for legislative purposes. Mackeld. Rom. Law, § 33; Hunt­er, Rom. Law, xlvii; Inst. 1, 2, 5.
—Senatus consultum Marcianum. A de­cree of the senate, in relation to the celebra­tion of the Bacchanalian mysteries, enacted in the consulate of Q. Marcius and S. Postumus. —Senatus consultum Orflcianum. An en­actment of the senate (Orficras being one of the consuls and Marcus Antoninus emperor) for admitting both sons and daughters to the suc­cession of a mother dying intestate. Inst. 3, 4, pr.—Senatus consultum Pegasianum. The Pegasian decree of the senate. A decree


enacted in the consulship of Pegasus and Pusio, in the reign of Vespasian, by which an heir, Who was requested to restore an inheritance, was allowed to retain one-fourth of it for him­self. Inst. 2, 23, 5.—Senatus consultum Trebelliannm. A decree of the senate (named from Trebelli'us, in whose consulate it was en­acted) by which it was provided that, if an_ in­heritance was restored under a trust, all actions which, by the civil law, might be brought by or against the heir should be given to and against him to whom the inheritance was re­stored. Inst. 2, 23, 4; Dig. 36, 1.—Senatus consnltnm nltimse necessitatis. A decree of the senate of the last necessity. The name given to the decree which usually preceded the nomination of a dictator. 1 Bl. Comm. 136.— Senatus consnltnm Velleiannm. The Vel-leian decree of the senate. A decree enacted in tie consulship of Velleius, by which married women were prohibited from making contracts. Story, Confl. Laws, § 425.
SENATUS DECRETA. Lat In the civil law. Decisions of the senate. Private acts concerning particular persons merely.
SEND A. In Spanish law. A path; the right of a path. The right of foot or horse path. White, New Recop. b. 2, tit 6, § 1.
SENECTUS. Lat Old age. In the Bo-man law, the period of senectus, which re­lieved one from the charge of public office, was officially reckoned as beginning with the completion of the seventieth year. Mackeld. Rom. Law, § 138.
SENESCALLTTS. In old English law. A seneschal; a steward; the steward of a manor. Fleta, 1. 2, c. 72.
SENESCHAL. In old European law. A title of office and dignity, derived from the middle ages, answering to that of steward or high steward in England. Seneschals were originally the lieutenants of the dukes and other great feudatories of the kingdom, and sometimes had the dispensing of justice and high military commands.
SENESCHALLO ET MARESHAILO QUOD NON TENEAT PLACITA DE LI-BERO TENEMENTO. A writ addressed to the steward and marshal of England, inhibit­ing them to take cognizance of an action in their court that concerns freehold. Reg. Orig. 185. Abolished.
SENEUCIA. In old records. Widowhood. Cowell.
SENILE DEMENTIA. That peculiar de­cay of the mental faculties which occurs in extreme old age, and in many cases much earlier, whereby the person is reduced to sec­ond childhood, and becomes sometimes wholly incompetent to enter into any binding con­tract, or even to execute a will. It is the recurrence of second childhood by mere de­cay. 1 Redf. Wills, 63. See Insanity.
SENILITY. Incapacity to contract aris­ing from the impairment of the intellectual faculties by old age.
SENIOR. Lord; a lord. Also the elder. An addition to the name of the elder of two persons having the same name.
—Senior counsel. Of two or more counsel retained on the same side of a cause, 'he is the "senior" who is the elder, or more important in rank or estimation, or who is charged with the more difficult or important parts of the management of the case.—Senior jndge. Of several judges composing a court, the "senior" judge is the one who holds the oldest commis­sion, or who has served the longest time under his present commission.
SENIORES. In old English law. Sen­iors; ancients; elders. A term applied to the great men of the realm. Spelman.
SENORIO. In Spanish law. Dominion or property.
E2NSTJS. Lat Sense, meaning, significa­tion. Malo sensu, in an evil or derogatory sense. Mitiori sensu, in a milder, less se­vere, or less stringent sense. Sensu honesto, in an honest sense; to interpret words sensu honesto is to take them so as not to impute impropriety to the persons concerned.
Sensns verbornm est anima legis. 5
Coke, 2. The meaning of the words is the spirit of the law.
Sensns verbornm est duplex,—mitis et asper; et verba semper accipienda sunt in mitiori sensu. 4 Coke, 13. The mean­ing of words is two-fold,—mild and harsh; and words are always to be received In their milder sense.
Sensns verbornm ez causa dicendi ao-cipiendus est; et sermones semper acci-piendi sunt secundum subjectam materi-
am. The sense of words is to be taken from the occasion of speaking them; and dis­courses are always to be interpreted accord­ing to the subject-matter. 4 Coke, 136. See 2 Kent Comm. 555.
SENTENCE. The judgment formally pro­nounced by the court or judge upon the de­fendant after his conviction in a criminal prosecution, awarding the punishment to be inflicted. The word is properly confined to this meaning. In civil cases, the terms "judg­ment," "decision," "award," "finding," etc., are used. See Featherstone v. People, 194 111. 325, 62 N. E. 684; State v. Barnes, 24 Fla. 153, 4 South. 560; Pennington v. State, 11 Tex. App. 281; Com. v. Bishoff, 13 Pa. Co. Ct B. 503; People v. Adams, 95 Mich. 541, 55 N. W. 461; Bugbee v. Boyce, 68 Vt 311, 35 Atl. 330.
Ecclesiastical. In ecclesiastical proce­dure, "sentence" is analogous to "judgment" (q. v.) in an ordinary action. A definite sen-


tence is one which puts an end to the suit, and regards the principal matter in ques­tion. An interlocutory sentence determines only some incidental matter in the proceed­ings. Phillim. Ecc. Law, 1260.
—Cumulative sentences. Separate senten­ces (each additional to the others) imposed up­on a defendant who has been convicted upon an indictment containing several counts, each of such counts charging a distinct offense, or who is under conviction at the same time for several distinct offenses; one of such sentences being made to begin at the expiration of an­other. Carter v. McClaughry, 183 U. S. 365, 22 Sup, Ct. 181, 46 L. Ed. 236; State v. Ham-by, 126 fc. C. 1066, 35 S. E. 614.—Final sen­tence. One which puts an end to a case. Dis­tinguished from interlocutory —Indetermi­nate sentence. A form of sentence to impris­onment upon conviction of crime, now author­ized by statute in several states, which, in­stead of fixing rigidly the duration of the im­prisonment, declares that it shall be for a period "not less than" so many years "nor more than" so many years, or not less than the minimum period prescribed by statute as the punishment for the particular offense nor more than the maximum period, the exact length of the term being afterwards fixed, within the limits assigned by the court or the statute, by an executive authority, (the governor, board of pardons, etc.,) on consideration of the previous record of the convict, his behavior while in prison or While out on parole, the apparent prospect of reformation, and other such con­siderations.—Interlocutory sentence. In the civil law. A sentence on some indirect question arising from the principal cause. Hal-lifax, Civil Daw, b. 3, ch. 9, no. 40.—Sentence of death recorded. In English practice. The recording of a sentence of death, not actu­ally pronounced, on the understanding that it will not be executed. Such a record has the same effect as if the judgment had been pro­nounced and the offender reprieved by the court. Mozley & Whitley. The practice is now dis­used.—Suspension of sentence. This term may mean either a withholding or postponing the sentencing^ of a prisoner after the conviction, or a postponing of the execution of the sen­tence after it has been pronounced. In the latter case, it may, for reasons addressing them­selves to the. discretion of the court, be indefinite as to time, or during the good behavior of the prisoner. See People v. Webster, 14 Misc. Rep. 617, 36 N. Y. Supp. 745; In re Buchanan, 146 N. Y. 264, 40 N. E. 883.
SENTENTIA. Lat In the civil law. (1) Sense; import; as distinguished from mere words. (2) The deliberate expression of one's will or intention. (3) The sentence of a judge or court.
Sententia a non judice lata nemini de­bet nocere. A sentence pronounced by one who is not a judge should not harm any one. Fleta, 1. 6, c. 6, § 7.
Sententia contra matrimoninm nun-quam transit in rem judicatam. 7 Coke, 43. A sentence against marriage never be­comes a matter finally adjudged, i. e„ res judicata.
Sententia facit jus, et legis interpre-tatio legis vim obtinet. Ellesm. Post. N. 55. Judgment creates right, and the inter­pretation of the law has the force of law.
Sententia facit jus, et res judicata pro ?eritate accipitur. Ellesm. Post N. 55. Judgment creates right, and what is adjudi­cated is taken for truth.
Sententia interlocutoria revocari po­test, definitiva non potest. Bac. Max. 20. An interlocutory judgment may be recalled, but not a final.
Sententia non f ertur de rebus non liq-uidis. Sentence is not given upon matteni that are not clear. Jenk. Cent. p. 7, case 9.
acts of congress relating to the removal of causes from state courts to federal courts, this phrase means a separate and distinct cause of action existing in the suit, on which a separate and distinct suit might properly have been brought and complete relief afford­ed as to such cause of action; or the case must be one capable of separation into parts, so that, in one of the parts, a controversy will be presented, wholly between citizens of different states, which can be fully deter­mined without the presence of any of the other parties to the suit as it has been begun. Fraser v. Jennison, 106 U. S. 191, 1 Sup. Ct. 171, 27 L. Ed. 131; Gudger v. Western N. C. R. Co. (C. C.) 21 Fed. 81; Security Co. v. Pratt (C. C.) 64 Fed. 405; Seaboard Air Line Ry. v. North Carolina R. Co. (C. C.) 123 Fed. 629.
SEPARAIiITER. Lat Separately. Us­ed in indictments to indicate that two or more defendants were charged separately, and not jointly, with the commission of the offense in question. State v. Edwards, 60 Mo. 490.
SEPARATE. Individual; distinct; par­ticular ; disconnected. Generally used in law as opposed to "joint," though the more usu­al antithesis of the latter term is "several." Either of these words implies division, dis­tribution, disconnection, or aloofness. See Merrill v. Pepperdine, 9 Ind. App. 416, 36 N. E. 921; Larzelere v. Starkweather, 38 Mich. 104.
—Separate action. As opposed to a joint action, this term signifies an action brought for himself alone by each of several complain­ants who are all concerned in the same trans­action, but cannot legally join in the suit-Separate demise in ejectment. A demise in a declaration in ejectment used to be termed a "separate demise" when made by the lessor separately or individually, as distinguished from a demise made jointly by two or more persons, which was termed a "joint demise." No such demise, either separate or joint, is now neces­sary in this action. Brown.—-Separate es­tate. The individual property of one of two persons who stand in a social or business rela­tion, as distinguished from that which they own jointly or are jointly interested in. Thus, "sep­arate estate," within the meaning of the bank­rupt law, is that in which each partner is separately interested at the time of the bank­ruptcy. The term can only be applied to such property as belonged to one or more of Ue part-


ners, to the exclusion of the rest. In re Lowe, 11 Nat. Bankr. Rep. 221, Fed. Cas. No. 8,564. The separate estate of a married woman is that which belongs to her, and over which her husband has no right in equity. It may con­sist of lands or chattels. Williams v. King, 29 Fed. Cas. 1,369.—Separate maintenance. An allowance made to a woman by her hus­band on their agreement to live separately. This must not be confused with "alimony," which is judicially awarded upon granting a divorce. See Mitchell v. Mitchell, 31 Colo. 209, 72 Pac. 1054.—Separate trial. The separate and individual trial of each of several persons jointly accused of a crime.
As to separate "Acknowledgment," "Cove­nant," and "Examination," see those titles.
SEPARATED!. Lat. In old conveyan­cing. Severally. A word which made a sev­eral covenant. 5 Coke, 23a.
SEPARATION. In matrimonial law. A cessation of cohabitation of husband and wife by mutual agreement, or, in the case of "judicial separation," under the decree of a court. See Butler v. Washington, 45 La. Ann. 279, 12 South. 356, 19 L. R. A. 814; Weld v. Weld, 27 Minn. 330, 7 N. W. 267; Hereford v. People, 197 111. 222, 64 N. E. 310.
—Separation a mensa et thoro. A partial dissolution of the marriage relation.—Separa­tion order. In England, where a husband is convicted of an aggravated assault upon his wife, the court or magistrate may order that the wife shall be no longer bound to cohabit with him. Such an order has the same effect as a judicial decree of separation on the ground of cruelty. It may also provide for the pay­ment of a weekly sum by the husband to the wife and for the custody of the children. Sweet.
Louisiana probate law. The creditors of the succession may demand, in every case and against every creditor of the heir, a separa­tion of the property of the succession from that of the heir. This is what is called the "separation of patrimony." The object of a separation of patrimony is to prevent prop­erty out of which a particular class of cred­itors have a right to be paid from being con­founded with other property, and by that means made liable to the debts of another class of creditors. Civ. Code La. art. 1444.
SEPARATISTS. Seceders from the Church of England. They, like Quakers, solemnly affirm, Instead of taking the usual oath, before they give evidence.
SEPES. Lat. In old English law. A hedge or inclosure. The inclosure of a trench or canal. Dig. 43, 21, 4.
SEPTENNIAL ACT. In English law. The statute 1 Geo. I. St 2, c. 38. The act by which a parliament has continuance for seven years, and no longer, unless sooner dissolved; as it always has, in fact, been since the passing of the act. Wharton. Bl.Law Dict.(2d Ed.)—68
SEPTTJAGESIMA. In ecclesiastical law. The third Sunday before Quadragesima Sun­day, being about the seventieth day before Easter.
SEPTUM. Lat In Roman law. An In­closure; an inclosed place where the people voted; otherwise called "ovile."
In old English law. An inclosure or close. Cowell.
SEPTTJNX. Lat In Roman law. A di­vision of the as, containing seven unciw, or duodecimal parts; the proportion of seven-twelfths. Tayl. Civil Law, 492.
SEPULCHRE. A grave or tomb. The place of interment of a dead human body. The violation of sepulchres is a misdemean­or at common law.
SEPULTURA. Lat. An offering to the priest for the burial of a dead body.
Sequamnr vestigia patrnm. nostrorum.
Jenk. Cent. Let us follow the footsteps of our fathers.
old English practice. A writ which issued where a sheriff had returned nihil, upon a summoneas ad warrantizandum, and after an aUas and pluries had been issued. So called because the tenant lost his lands without any recovery in value, unless upon that writ he brought the vouchee into court Rose. Real Act. 268; Cowell.
SEQUELA. L. Lat In old English law. Suit; process or prosecution. Sequela causes, the process of a cause. Cowell.
—Seqnela curiae. Suit of court. Cowell.-— Seqnela villanorum. The family retinue and appurtenances to the goods and chattels of villeins, which were at the absolute disposal of the lord. Par. Antiq. 216.
SEQUELS. Small allowances of meal, or manufactured victual, made to the servants at a mill where corn was ground, by tenure, in Scotland. Wharton.
SEQUESTER, v. In the civil law. To
renounce or disclaim, etc. As when a wid­ow came into court and disclaimed having anything to do with her deceased husband's estate, she was said to sequester. The word more commonly signifies the act of taking in execution under a writ of sequestration. Brown.
To deposit a thing which is the subject of a controversy in the hands of a third person, to hold for the contending parties.
To take a thing which is the subject of a controversy out of the possession of the con­tending parties, and deposit It In the hands of a third person. Calvin.
In equity practice. To take possession of the property of a defendant, and hold it


in the custody of the court, until he purges himself of a contempt.
In English, ecclesiastical practice. To
gather and take care of the fruits and profits of a vacant benefice, for the benefit of the next incumbent.
In international law. To confiscate; to appropriate private property to public use; to seize the property of the private citizens of a hostile power, as when a belligerent na­tion sequesters debts due from its own sub­jects to the enemy. See 1 Kent, Comm. 62.
SEQUESTER, n. Lat. In the civil law. A person with whom two or more contend­ing parties deposited the subject-matter of the controversy.
SEQUESTRARI FACIAS. In English ecclesiastical practice. A process in the na­ture of a levari facias, commanding the bish­op to enter into the rectory and parish church, and to take and sequester the same, and hold them until, of the rents, tithes, and profits thereof, and of the other ecclesiastical goods of a defendant, he have levied the plaintiff's debt 3 Bl. Comm. 418; 2 Archb. Pr. 1284.
SEQUESTRATIO. Lat. In the civil law. The separating or setting aside of a thing in controversy, from the possession of both par­ties that contend for it. It is two-fold,— voluntary, done by consent of all parties; and necessary, when a judge orders it Brown.
SEQUESTRATION. In equity prac­tice. A writ authorizing the taking into the custody of the law of the real and personal estate (or rents, issues, and profits) of a de­fendant who is in contempt, and holding the same until he shall comply. It is sometimes directed, to the sheriff, but more commonly to four commissioners nominated by the com­plainant 3 Bl. Comm. 444; Ryan v. Kings-bery, 88 Ga. 361, 14 S. E. 596.
In Louisiana. A mandate of the court, ordering the sheriff, in certain cases, to take In his possession, and to keep, a thing of which another person has the possession, un­til after the decision of a suit, in order that it be delivered to him who shall be adjudged entitled to have the property or possession of that thing. This is what is properly call­ed a "judicial sequestration." Code Prac. La. art. 269; American Nat. Bank v. Childs, 49 La. Ann. 1359, 22 South. 384.
In contracts. A species of deposit which two or more persons, engaged in litigation about anything, make of the thing in contest with an indifferent person who binds himself to restore it, when the issue is decided, to the party to whom it is adjudged to belong. Civ. Code La. art 2973.
In English ecclesiastical law. The act
of the ordinary in disposing of the goods and
chattels of one deceased, whose estate no on* will meddle with. Oowell. Or, in other words, the taking possession of the property of a deceased person, where there is no one to claim it
Also, where a benefice becomes vacant » sequestration is usually granted by the bish­op to the church-wardens, who manage all the profits and expenses of the benefice, plow and sow the glebe, receive tithes, and provide for the necessary cure of souls. Sweet
In international law. The seizure Of the property of an individual, and the appropria­tion of it to the use of the government
Mayor's court. In the mayor's court of London, "a sequestration is an attachment of the property of a person in a warehouse or other place belonging to and abandoned by him. It has the same object as the ordinary attachment, viz., to compel the appearance of the defendant to an action," and, in de­fault, to satisfy the plaintiff's debt >by ap­praisement and execution.
—Judicial sequestration. In Louisiana, a mandate ordering the sheriff in certain cases to take into his possession and to keep a thins of which another person has«the possession un­til after the decision of a suit in order that it may be delivered to him who shall be adjudged to have the property or possession of it Bald­win v. Black, 119 U. S. 643, 7 Sup. Ct. 326, 30 L. Ed. 530.
SEQUESTRATOR. One to whom a seq­uestration is made. One appointed or chosen to perform a sequestration, or execute a writ of sequestration.
SEQUESTRO HABENDO. In English ecclesiastical law. A judicial writ for the discharging a sequestration of the profits of a church benefice, granted by the bishop at the sovereign's command, thereby to com­pel the parson to appear at the suit of an­other. Upon his appearance, the parson may have this writ for the release of the seques­tration. Reg. Jud. 36.
Sequi debet poteutia justitiam non prsecedere. 2 Inst. 454. Power should fol­low justice, not precede it
SERF. In the feudal polity, the serfs were a class of persons whose social con­dition was servile, and who" were bound to labor and onerous duties at the will of their lords. They differed from slaves only in that they were bound to their native soil, in­stead of being the absolute property of a master.
SERGEANT. In military law. A non­commissioned officer, of whom there are sev­eral in each company of infantry, troop of cavalry, etc. The term is also used in the organization of a municipal police force.
—Sergeant at arms. See Sebjeant.—Ser­geant at law. See Sebjeant.—Town ser­geant. In several states, an officer having the powers and duties of a chief constable or head of the police department of a town or village.


SERIATIM. Lat Severally; separately; Individually; one by one.
SERIOUS. Important; weighty; moment-Ms, and not trifling; as in the phrases "seri­ous bodily harm," "serious personal injury," etc. Lawlor v. People, 74 111. 231; Union Mut L. Ins. Co. v. Wilkinson, 13 Wall. 230, 20 I* Ed. 617.
SERJEANT. The same word etymologic-ally with "sergeant," but the latter spelling Is more commonly employed in the designa­tion of military and police officers, (see Seb-geant,) while the former is preferred when the term is used to describe certain grades of legal practitioners and certain officers of legislative bodies. See infra.
-Common serjeant. A judicial officer at­tached to the corporation of the city of London, who assists the recorder in disposing of the criminal business at the Old Bailey sessions, or central criminal court. Brown.—Serjeant at arms. An executive officer appointed by, and attending on, a legislative< body, whose prin­cipal duties are to execute its warrants, pre­serve order, and arrest offenders.—Serjeant at law. A barrister of the common-law courts of high standing, and of much the same rank as a doctor of law is in the ecclesiastical courts. These Serjeants seem to have derived their title from the old knights templar, (among whom there existed a peculiar class under the denomination of "frdre» sergens," or "fratres tervientes") and to have continued as a separ­ate fraternity from a very early period in the history of the legal profession. The barristers who first assumed the old monastic title were those who practiced in the court of common pleas, and until a recent period (the 25th of April, 1834, 9 & 10 Vict. c. 54) the Serjeants at law always had the exclusive privilege of practice in that court. Every judge of a com­mon-law court, previous to his elevation to the bench, used to De created a serjeant at law; but since the judicature act this is no longer necessary. Brown.—Serjeant of the mace. In English law. An officer who attends the lord mayor of London, and the chief magistrates of other corporate towns. Holthouse.—Ser­jeants' Inn. The inn to which the Serjeants at law belonged, near Chancery lane; formerly called "Faryndon Inn."
Serjeantia idem est quod servitium.
Co. Litt. 105. Serjeanty is the same as serv­ice.
SERJEANTY. A species of tenure by knight service, which was due to the king only, and was distinguished into grand and petit serjeanty. The tenant holding by grand serjeanty was bound, instead of attending the king generally in his wars, to do some honorary service to the king in person, as to carry his banner or sword, or,to be his but­ler, champion, or other officer at his corona­tion. Petit serjeanty differed from grand serjeanty, in that the service rendered to the king was not of a personal nature, but con­sisted in rendering him annually some small implement of war, as a bow, sword, arrow, lance, or the like. Co well; Brown.
SERMENT. In old English law. Oath; an oath. ,
Sermo index animl. 5 Coke, 118. Speech is an index of the mind.
Sermo relatus ad personam intelligi debet de condition* personse. Language which is referred to a person ought to be un­derstood of the condition of the person. 4 Coke, 16.
Sermones semper aecipiendi aunt se­cundum subjectam materiam, et oondi-tionem personarum. 4 Coke, 14. Lan­guage is always to be understood according to its subject-matter, and the condition of the persons.
SERPENT-VENOM REACTION. A test for insanity by means of the breaking up of the red corpuscles of the blood of the sus­pected person on the injection of the venom of cobras or other serpents; recently employed in judicial proceedings in some European countries and in Japan.
SERRATED. Notched on the edge; cut In notches like the teeth of a saw. This was anciently the method of trimming the top or edge of a deed of indenture. See Indent, v.
SERVAGE, in feudal law, was where a tenant, besides payment of a certain rent, found one or more workmen for his lord's service. Tomlins.
Servanda est consuetudo loci ubi causa agitur. The custom of the place where the action is brought is to be observed. De-couche v. Savetier, 3 Johns. Ch. (N. Y.) 190, 219, 8 Am. Dec. 478.
SERVANT. A servant is one who is em­ployed to render personal services to his employer, otherwise than in the pursuit of an independent calling, and who in such service remains entirely under the control and direction of the latter, who is called his master. Civ. Code Cal. § 2009.
Servants or domestics are those who re­ceive wages, and stay in the house of the person paying and employing them for his services or that of his family; such are val­ets, footmen, cooks, butlers, and others who reside in the house. Civ. Code La. art. 3205.
Free servants are in general all free per­sons who let, hire, or engage their services to another in the state, to be employed there­in at any work, commerce, or occupation whatever for the benefit of him who has con­tracted with them, for a certain price or retribution, or upon certain conditions. Civ. Code La. art. 163.
Servants are of two kinds,—menial serv­ants, being persons retained by others to live within the walls of the house, and to per­form the work and business of the house­hold; and persons employed by men of trades and professions under them, to assist them in their particular callings. Mozley & Whit­ley. See, also, Flesh v. Lindsay, 115 Mo. 1,


21 S. W. 907, 37 Am. St Rep. 374; Murray v. Dwight, 161 N. Y. 301, 55 N. B. 901, 48 L. R. A. 673; Ginter v. Shelton, 102 Va. 185, 45 S. E. 892; Powers v. Massachusetts Hom­oeopathic Hospital, 109 Fed. 294, 47 O. O. A. 122, 65 L. R, A. 372; Oampfield v. Lang, (C. C.) 25 Fed. 131; Frank v. Herold, 63 N. J. Eq. 443, 52 Atl. 152; Morgan v. Bow­man, 22 Mo. 548; Gravatt v. State, 25 Ohio St. 167; Hand v. Cole, 88 Tenn. 400, 12 S. W. 922, 7 L. R. A. 96.
SERVE. In Scotch practice. To render a verdict or decision in favor of a person claiming to be an heir; to declare the fact of his heirship judicially. A jury are said to serve a claimant heir, when they find him to be heir, upon the evidence submitted to them. Bell.
As to serving papers, etc., see Sebvicb of Pbocess.
SERVI. Lat In old European law.
Slaves; persons- over whom their masters had absolute dominion.
In old English law. Bondmen; servile tenants. Cowell.
SERVI BEDEMFTIONE. Criminal slaves in the time of Henry I. 1 Kemble, Sax. 197, (1849.)
SERVICE. In contracts. The being em­ployed to serve another; duty or labor to be rendered by one person to another.
The term is used also for employment in one of the offices, departments, or agencies of the government; as in the phrases "civil service," "public service," etc.
In feudal law. Service was the consid­eration which the feudal tenants were bound to render to the lord in recompense for the lands they held of him. The services, in re­spect of their quality, were either free or base services, and, in respect of their quan­tity and the time of exacting them, were ei­ther certain or uncertain. 2 Bl. Comm. 60.
In practice. The exhibition or delivery of a writ, notice, injunction, etc., by an author­ized person, to a person who is thereby offi­cially notified of some action or proceeding in which he is concerned, and is thereby advis­ed or warned of some action or step which he is commanded to take or to forbear. See Walker v. State, 52 Ala. 193; U. S. v. Mc-Mahon, 164 U. S. 81, 17 Sup. Ct. 28, 41 L. Ed. 357; Sanford v. Dick, 17 Oonn. 213; Cross v. Barber, 16 R. I. 266, 15 Atl. 69.
—Civil service. See that title.—Construc­tive service of process. Any form of service other than actual personal service; notification of an action or of some proceeding therein, given to a person affected by sending it to him in the mails or causing it to be published in a newspaper.—Personal service. Personal serv­ice of a writ or notice is made by delivering it to the person named, in person, or handing him a copy and informing him of the nature
and terms of the original. Leaving a copy at his place of abode is not personal service. Moyer v. Cook, 12 Wis. 336.—Salvage serv­ice. See Salvage.—Secular service. World* ly employment or service, as contrasted with spiritual or ecclesiastical.—Service by publi­cation. Service of a summons or other process upon an absent or non-resident defendant^ by publishing the same as an advertisement in a designated newspaper, with such other efforts to give him actual notice as the particular statute may prescribe.—Service of an heir. An old form of Scotch law, fixing the right and character of an heir to the estate of his an­cestor. Bell.—Service of process. The serv­ice of writs, summonses, rules, etc., signifies the delivering to or leaving them with the party to whom or with whom they ought to be delivered or left; and, when they are so delivered, they are then said to have been served. Usually a copy only is served and the original is shown. Brown.—Special service* In Scotch law. That form of service by which the heir is served to the ancestor who was feudally vested in the lands. Bell.—Substi­tuted service. This term generally denotes any form of service of process other than per­sonal service, such as service by mail or by publication in a newspaper; but it is sometimes employed to denote service of a writ or notice on some person other than the one directly concerned, for example, his attorney of record, who has authority to represent him or to accept service for him.
SERVICES FONCIERS. Fr. These are, in French law, the easements of English law. Brown.
SERVXDUMBRE. In Spanish law. A servitude. The right and use which one man has in the buildings and estates of an­other, to use them for the benefit of his own. Las Partidas, 3, 31, 1.
SERVIENS AD CLAVAM. Serjeant at mace. 2 Mod. 58.
SERVIENS AD LEGEM. In old Eng­lish practice. Serjeant at law.
English law. King's Serjeant; a public of­ficer, who acted sometimes as the sheriff's deputy, and had also judicial powers. Bract. fols. 145&, 150&, 330, 358.
SERVIENT. Serving; subject to a serv­ice or servitude. A servient estate is one which is burdened with a servitude.
—Servient tenement. An estate in respect of which a serviee is owing, as the dominant tenement is that to which the service is due.
Servile est expilationis crimen; sola innocentia libera. 2 Inst 573. The crime of theft is slavish; innocence alone is free.
Servitia personalia sequuntur person­am. 2 Inst. 374; Personal services follow the person.
SERVITIIS ACQUIETANDIS. A judlr cial writ for a man distrained for services to one, when he owes and performs them to


another, for the acquittal of such, services. Reg. Jud. 27.
SERVITIUM. Lat In feudal and old English law. The duty of obedience and per­formance which a tenant was bound to ren­der to his lord, by reason of his fee. Spel-man.
—Servitium feodale et prsediale. ' A per­sonal service, but due only by reason of lands which were held in fee. Bract. 1. 2, c. 16.— Servitinm forinsecum. Forinsec, foreign, or extra service; a kind of service that was due to the king, over and above (forts) the service due to the lord.—Servitinm intrin-secum. Intrinsic or ordinary service; the or­dinary service due the chief lord, from tenants within the fee. Bract, fols. 36, 36b.—Servi­tinm libernm. A service to be done by feudatory tenants, who were called "Uberi homines," and distinguished from vassals, as was their service, for they were not bound to any of the base services of plowing the lord's land, etc., but were to find a man and horse, or go with the lord into the army, or to attend the court, etc. Cowell.—Servitinm militare. Knight-service; military service. 2 Bl. Coram. 62.—Servitinm regale. Royal service, or the rights and prerogatives of man­ors which belong to the king as lord of the same, and which were generally reckoned to be six, viz.: Power of judicature, in matters of property; power of life and death, in felonies and murder; a right to waifs and strays; as­sessments ; minting of money; and assise of bread, beer, weights, and measures. Cowell.— Servitinm scuti. Service of the shield ; that is, knight-service.—Servitinm sokse. Service of the plow; that is, socage.
Servitinm, in lege Anglise, regnlariter •ccipitur pro servitio qnod per tenentea dominis snis debetnr ratione feodi sni.
Co. Litt 65. Service, by the law of Eng­land, means the service which is due from the tenants to the lords, by reason of their fee.
SERVITOR. A serving-man; particular­ly applied to students at Oxford, upon the foundation, who are similar to sizars at Cam­bridge. Wharton.
SERVITORS OF BILLS. In old Eng­lish practice. Servants or messengers of the marshal of the king's bench, sent out with bills or writs to summon persons to that court Now more commonly called "tip­staves." Cowell.
SERVITUDE. 1. The condition of be­ing bound to service; the state of a person who Is subjected, voluntarily or otherwise, to another person as his servant
—Involuntary servitude. See Involun­tary.—Penal servitude. In English criminal law, a punishment which consists in keeping the offender in confinement and compelling him to labor.
2. A charge or burden resting upon one estate for the benefit or advantage of an­other ; a species of incorporeal right derived from the civil law (see Shbvjtus) and closely corresponding to the "easement" of the com­mon-law, except that "servitude" rather has
relation to the burden or the estate burden­ed, while "easement" refers to the benefit or advantage or the estate to which it ac­crues. See Nellis v. Munson, 24 Hun (N. Y.) 576; Rowe v. Nally, 81 Md. 367, 32 Atl. 198; Los Angeles Terminal Land Co. v. Muir, 136 Cal. 36, 68 Pac. 308; Laumier v. Francis, 23 Mo. 184; Ritger v. Parker, 8 Cush. (Mass.) 145, 54 Am. Dec. 744; Kief-fer v. Imhoff, 26 Pa. 438.
The term "servitude," in its original and popular sense, signifies the duty of service, or rather the condition of one who is liable to the performance of services. The word, how­ever, in its legal sense, is applied figuratively to things. When the freedom of ownership in land is fettered or restricted, by reason of some person, other than the owner thereof, having some right therein, the land is said to "serve" such person. The restricted condi­tion of the ownership or the right which forms the subject-matter of the restriction is termed a "servitude," and the land so burdened with another's right is termed a "servient tenement," while the land belonging to the person enjoying the right is called the "dominant tenement. The word "servitude" may be said to have both a positive and a negative signification; in the former sense denoting the restrictive right be­longing to the entitled party; in the latter, the restrictive duty entailed upon the proprietor or possessor of the servient land. Brown.
Classification. All servitudes which af­fect lands may be divided into two kinds, —personal and real. Personal servitudes are those attached to the person for whose benefit they are established, and terminate with his life. This kind of servitude is of three sorts,—usufruct use, and habitation. Real servitudes, which are also called "pred­ial" or "landed" servitudes, are those which the owner of an estate enjoys on a neigh­boring estate for the benefit of his own es­tate. They are called "predial" or "land­ed" servitudes because, being established for the benefit of an estate, they are rather due to the estate than to the owner personally. Civ. Code La. art 646.
Real servitudes are divided, in the civil law, into rural and urban servitudes. Rural servitudes are such as are established for the benefit of a landed estate; such, for ex­ample, as a right of way over the servient tenement or of access to a spring, a coal­mine, a sand-pit or a wood that is upon it Urban servitudes are such as are established for the benefit of one building over another. (But the buildings need not be in the city, as the name would apparently imply.) They are such as the right of support, or of view, or of drip or sewer, or the like. See Mackeld. Rom. Law, § 316, et seq.
Servitudes are also classed as positive and negative. A positive servitude is one which obliges the owner of the servient estate to permit or suffer something to be done on his property by another. A negative servitude is one which does not bind the servient pro­prietor to permit something to be done upon his property by another, but merely restrains him from making a certain use of his prop­erty which would impair the easement en-

joyed by the dominant tenement. See Rowe v. Nally, 81 Md. 367, 32 Atl. 198.
SERVITUS. Lat In the civil law. Slavery; bondage; the state of service. De­fined as "an institution of the conventional law of nations, by which one person is sub­jected to the dominion of another, contrary to natural right" Inst. 1, 3, 2.
Also a service or servitude; an easement.
—Servitns actus. The servitude or right of walking, riding, or driving over another's ground. Inst. 2, 3, pr. A species of right of way.—Servitns altins non tollendi. The servitude of not building higher. A right at­tached to a house, by which its proprietor can prevent his neighbor from building his own house higher. Inst. 2, 3, 4.—Servitns aquae ducendae. The servitude of leading water; the right of leading water to one'e own prem­ises through another's land. Inst. 2, 3, pr. —Servitns aquae educendse. The servitude of leading off water; the right of leading off the water from one's own onto another's ground. Dig. 8, 3, 29.—Servitns aqnse hauriendae. The servitude or right of draining water from another's spring or well. Inst. 2, 3, 2.— Servitus cloacae mittendse. The servitude or right of having a sewer through the house or ground of one's neighbor. Dig. 8, 1, 7.— Servitns fumi immittendi. The servitude or right of leading off smoke or vapor through *he chimney or over the ground of one's neigh­bor. Dig. 8, 5, 8, 5-7.—Servitns itineris. The servitude or privilege of walking, riding, and being carried over another's ground. Inst. 2, 3, pr. A species of right of way.—Servitns luminum. The servitude of lights; the right of making or having windows or other openings in a wall belonging to another, or in a common wall, in order to obtain light for one's building. Dig. 8, 2, 4.—Servitns ne luminibus offl-ciatur. A servitude not to hinder lights; the right of having one's lights or windows unob­structed or darkened by a neighbor's building, etc. Inst. 2, 3, 4.—Servitns ne prospectus offendatnr. A servitude not to obstruct one's prospect, t. e., not to intercept the view from one's house. Dig. 8, 2, 15.—Servitns oneris ferendi. The servitude of bearing weight; the right to let one's building rest upon the building, wall, or pillars of one's neighbor. Mackeld. Rom. Law, § 317.—Servitns pas-cendi. The servitude of pasturing; the right of pasturing one's cattle on another's ground; otherwise called "jus pascendi." Inst. 2, 3, 2. —Servitns pecoris ad aquam adpulsam. A right of driving one's cattle on a neighbor's land to water.—Servitns prsedii rustici. The servitude of a rural or country estate; a rural servitude. Inst. 2, 3, pr., and 3.—Servi­tns prsedii nrbani. The servitude of an urban or city estate; an urban servitude. Inst. 2, 3, 1.—Servitns prsediorum. A praedial servitude; a service, burden, or charge upon one estate for the benefit of another. Inst. 2, 3, 3.—Servitns projiciendi. The servi­tude of projecting; the right of building a projection from one's house in the open space belonging to one's neighbor. Dig. 8, 2, 2.— Servitns prospectus. A right of prospect. This may be either to give one a free prospect over his neighbor's land or to prevent a neigh­bor from having a prospect over one's own land. Dig. 8, 2, 15; Domat, 1, 1, 6.—Servitns stillicidii. The right of drip; the right of having the water drip from the eaves of one's house upon the house or ground of one's neigh­bor. Inst. 2, 3, 1, 4; Dig. 8, 2, 2.—Servitns tigni immittendi. The servitude of letting in a beam; the right of inserting beams in a neighbor's wall. Inst. 2, 3, 1, 4; Dig. 8, 2, 2. —Servitns vise. The servitude or right of way; the right of walking, riding, and driving ever another's land. Inst 2, 3, pr.
Servitns est constitutio jure gentium qua qnis domino alieno contra naturam subjicitur. Slavery is an institution by the law of nations, by which a man is subjected to the dominion of another, contrary to na­ture. Inst 1, 3, 2; Co. Litt 116.
SERVUS. Lat. In the civil and old English law. A slave; a bondman. Inst 1, 3, pr.; Bract, fol. 4&.
SESS. In English law. A tax, rate, or assessment.
SESSIO. Lat In old English law. A sitting; a session. Sessio parliamenti, the sitting of parliament Cowell.
SESSION. The sitting of a court, legis­lature, council, commission, etc., for the transaction of its proper business. Hence, the period of time, within any one day, dur­ing which such body is assembled in form, and engaged in the transaction of business, or, in a more extended sense, the whole space of time from its first assembling to its pro­rogation or adjournment sine die.
Synonyms. Strictly speaking, the word "session," as applied to a court of justice, ia not synonymous with the word "term." The "session" of a court is the time during which it actually sits for the transaction of judicial business, and hence terminates each day with the rising of the court. A "term" of court is the period fixed by law, usually embracing many days or weeks, during which it shall be open for the transaction of judicial business and during which it may hold sessions from day to day. But this distinction is not always observed, many authorities using the two words interchangeably. See Lipari v. State, 19 Tex. App. 433; Stefani v. State, 124 Ind. 3, 24 N. E. 254; Mansfield v. Mutual Ben. L. Ins. Co., 63 Conn. 579, 29 Atl. 137; Heim v. Bram-mer, 145 Ind. 605, 44 N. E. 638; Cresap v. Cresap, 54 W. Va. 581, 46 S. E. 582; XJ. S. v. Dietrich (C. C.) 126 Fed. 660.
—Court of session. The supreme civil court of Scotland, instituted A. D. 1532, consisting of thirteen (formerly fifteen) judges, viz., the lord president, the lord justice clerk, and eleven ordinary lords.—General sessions. A court of record, in England, held by two or more justices of the peace, for the execution of the authority given them by the commission of the peace and certain statutes. General ses­sions held at certain times in the four quar­ters of the year pursuant to St. 2 Hen. V. are properly called "quarter sessions," (q. v.,) but intermediate general sessions may also be held. Sweet.—Great session of Wales. A court which was abolished by St. 1 Wm. IV. c. 70. The proceedings now issue out of the courts at Westminster, and two of the judges of the superior courts hold the circuits in Wales and Cheshire, as in other English counties. Whar­ton.—Joint session. In parliamentary prac­tice, a meeting together and commingling of the two houses of a legislative body, sitting and acting together as one body, instead of separately in their respective houses. Snow v. Hudson, 56 Kan. 378, 43 Pac. 262.—Petty sessions. In English law. A special or petty session is sometimes kept in corporations and counties at large by a few justices, for dis­patching smaller business in the neighborhood between the times of the general sessions; as for licensing alehouses, passing the accounts of the parish officers, etc.. Brown.—Quarter sessions. See that title.—Regular session. An ordinary, general, or stated session, (as of


a legislative body,) as distinguished from a special or extra session.—Session lairs. The name commonly given to the body of laws en­acted by a state legislature at one of its an­nual or biennial sessions. So called to dis­tinguish them from the "compiled laws" or "revised statutes" of the state.—Session of the peace, in English law, is a sitting of justices of the peace for the exercise of their powers. There are four kinds,—petty, special, quarter, and general sessions.—Sessional or­ders. Certain resolutions which are agreed to by both houses at the commencement of every session of the English parliament, and have relation to the business and convenience there­of; but they are not intended to continue in force beyond the session in which they are adopted. They are principally of use as di­recting the order of business. Brown.—Ses­sions. A sitting of justices in court upon their commission, or by virtue of their appoint­ment, and most commonly for the trial of criminal cases. The title of several courts in England and the United States, chiefly those of criminal jurisdiction. Burrill.—Special ses­sions. In English law. , A meeting of two or more justices of the peace held for a special purpose, (such as the licensing of alehouses,) either as required by statute or when specially convoked, which can only be convened after notice to all the other magistrates of the divi­sion, to give them an opportunity of attending. Stone, J. Pr. 52, 55.
SET. This word appears to be nearly synonymous with "lease." A lease of mines is frequently termed a "mining set." Brown.
SET ASIDE. To set aside a judgment, decree, award, or any proceedings is to can­cel, annul, or revoke them at the instance of a party unjustly or irregularly affected by them. State v. Primm, 61 Mo. 171; Brandt v. Brandt, 40 Or. 477, 67 Pac. 508.
SET DOWN. To set down a cause for trial or hearing at a given term is to enter its title in the calendar, list, or docket of causes which are to be brought on at that term.
SET OF EXCHANGE. In mercantile law. Foreign bills are usually drawn in duplicate or triplicate, the several parts be­ing called respectively "first of exchange," "second of exchange," etc., and these parts together constitute a "set of exchange." Any one of them being paid, the others become void.
SET-OFF. A counter-claim or cross-de­mand ; a claim or demand which the defend­ant in an action sets off against the claim of the plaintiff, as being his due, whereby he may extinguish the plaintiff's demand, either in whole or in part, according to the amount of the set-off. See In re Globe Ins. Co., 2 Edw. Ch. (N. Y.) 627; Sherman v. Hale, 76 Iowa, 383, 41 N. W. 48; Naylor v. Smith, 63 N. J, Law, 596, 44 Atl. 649; Hurdle y. Hanner 50 N. C. 360; Wills v. Browning, 96 Ind. 149.
Set-off is a defense which goes not to the justice of the plaintiff's demand, but sets up
a demand against the plaintiff to counter­balance his in whole or in part. Code Ga. 1882, § 2899.
For the distinction between set-off and re­coupment, see Recoupment.
"Set-off" differs from a "lien," inasmuch as the former belongs exclusively to the remedy, and is merely a right to insist, if the party think proper to do so, when sued by his creditor on a counter-demand, which can only be en­forced through the medium of judicial proceed­ings; while the latter is, in effect, a substitute for a suit. 2 Op. Attys. Gen. 677.
SET OUT. In pleading. To recite or narrate facts or circumstances; to allege or aver; to describe or to incorporate; as, to set out a deed or contract. First Nat. Bank v. Engelbercht, 58 Neb. 639, 79 N. W. 556; U. S. v. Watkins, 28 Fed. Oas. 436.
SET TJF. To bring forward or allege, as something relied upon or deemed sufficient; to propose or interpose, by way of defense, explanation, or justification; as, to set up the statute of limitations, i. e„ offer and rely upon it as a defense to a claim.
SETTER. In Scotch law. The granter of a tack or lease. 1 Forb. Inst, pt 2, p. 153.
SETTLE. To adjust, ascertain, or liqui­date; to pay. Parties are said to settle an account when they go over its items and as­certain and agree upon the balance due from one to the other. And, when the party in­debted pays such balance, he is also said to settle it Auzerais v. Naglee, 74 Cal. 60, 15 Pac. 371; Jackson v. Ely, 57 Ohio St 450, 49 N. E. 792; People v. Green, 5 Daly (N. Y.) 201; Lynch v. Nugent, 80 Iowa, 422, 46 N. W. 61.
To settle property is to limit it, or the in­come of it to several persons in succession, so that the person for the time being in the possession or enjoyment of it has no power to deprive the others of their right of future enjoyment Sweet.
To settle a document is to make it right in form and in substance. Documents of diffi­culty or complexity, such as mining leases, settlements by will or deed, partnership agreements, etc., are generally settled by counsel. Id*
The term "settle" is also applied to pau­pers.
Settle up. A term, colloquial rather than legal, which is applied to the final collection, adjustment, and distribution of the estate of a decedent a bankrupt, or an insolvent corpora­tion. ,It includes the processes of collecting the property, paying debts and charges, and turning over the balance to those entitled to receive it —Settled estate. See Estate.—Settling a bill of exceptions. When the bill of excep­tions prepared for an appeal is not accepted as correct by the respondent it is settled («. e., ad­justed and finally made conformable to the truth) by being taken before the judge who pre­sided at the trial, and by him put into a form


agreeing with his minutes and his recollection. See Railroad Co. v. Cone, 37 Kan. 567, 15 Pac 499; In re Prout's Estate (Sur.) 11 N. Y. Supp. 160.—Settling day. The day on which transactions for the "account" are made up on the English stock-exchange. In consols they are monthly; in other investments, twice in the month.—Settling interrogatories. The de­termination by the court of objections to inter­rogatories and cross-interrogatories prepared to be used in taking a deposition.—Settling is­sues. In English practice. Arranging or de­termining the form of the issues in a cause. "Where, in any action, it appears to the judge that the statement of claim or defense or re­ply does not sufficiently disclose the issues of fact between the parties, he may direct the parties to prepare issues; and such issues shall, if the parties differ, be settled by the judge." Judicature Act 1875, schedule, art. 19.
SETTLEMENT. In conveyancing. A
disposition of property by deed, usually through the medium of a trustee, by which its enjoyment is limited to several persons in succession, as a wife, children, or other relatives.
In contracts. Adjustment or liquidation fit mutual accounts; the act by which parties who have been dealing together arrange their accounts and strike a balance. Also tull and final payment or discharge of an account.
In poor laws. The term signifies a right acquired by a person, by continued residence for a given length of time in a town or dis­trict, to claim aid or relief under the poor-laws in case of his becoming a pauper. See Westfield v. Coventry, 71 Vt 175, 44 Atl. 66; Jefferson v. Washington, 19 Me. 300; Jackson County v. Hillsdale County, 124 Mich. 17, 83 N. W. 408.
In probate practice. The settlement of an estate consists in its administration by the executor or administrator carried so far that all debts and legacies have been paid and the individual shares of distributees in the corpus of the estate, or the residuary portion, as the case may be, definitely ascertained and determined, and accounts filed and pass­ed, so that nothing remains but to make final distribution. See Calkins 'v. Smith, 41 Mich. 409, 1 N. W. 1048; Forbes v. Har­rington, 171 Mass. 386, 50 N. E. 641; Ap­peal of Mathews, 72 Conn. 555, 45 Atl. 170.
—Act of settlement. The statute 12 & 13 Wm. III. c. 2, by which the crown of England was limited to the house of Hanover, and some new provisions were added at the same time for the better securing the religion, laws, and liber­ties.—Deed of settlement. A deed made for the purpose of settling property, ?. e., arranging the mode and extent of the enjoyment thereof. The party who settles property is called the "set­tlor ;" and usually his wife and children or his creditors or his near relations are the beneficia­ries taking interests under the settlement. Brown.—Equity of settlement. The equita­ble right of a wife, when her husband sues in equity for the reduction of her equitable estate to his own possession, to have the whole or a portion of such estate settled upon herself and her children. Also a similar right now recog­nized by the equity courts as directly to be as­serted against the husband. Also called the "wife's equity."—Final settlement. This
term, as applied to the administration of an es­tate, is usually understood to have reference to the order of court approving the account which closes the business of the estate, and which fi­nally discharges the executor or administrator from the duties of his trust. Roberts v. Spen­cer, 112 Ind. 85, 13 N. E. 129; Sims v. Waters, 65 Ala. 445.—Strict settlement. This phrase was formerly used to denote a settlement where­by land was limited to a parent for life, and after his death to his first and other sons or children in tail, with trustees interposed to preserve contingent remainders. 1 Steph. Comm. 332, 333.—Voluntary settlement. A settle­ment of property upon a wife or other beneficia­ry, made gratuitously or without valuable con­sideration.
SETTLER. A person who, for the pur­pose of acquiring a pre-emption right, haa gone upon the land in question, and is actu­ally resident there. See Hume v. Gracy, 86 Tex. 671, 27 S. W. 584; Davis v. Young, 2 Dana (Ky.) 299; Mclntyre v. Sherwood, 82 Cal. 139, 22 Pac. 937.
SETTLOR. The grantor or donor in a deed of settlement.
SEVER. To separate. When two Joint defendants separate in the action, each plead­ing separately his own plea and relying up­on a separate defense, they are said to sever.
SEVERABLE. Admitting of severance or separation, capable of being divided; ca­pable of being severed from other things to which it was joined, and yet maintaining & complete and independent existence.
SEVERAL. Separate; individual; lade* pendent. In this sense the word is distin­guished from "joint" Also exclusive; indi­vidual ; appropriated. In this sense it is op­posed to "common."
—Several actions. Where a separate and dis­tinct action is brought against each of two or more persons who are all liable to the plaintiff in respect to the same subject-matter, the ac­tions are said to be "several." If all the per­sons are joined as defendants in one and the same action, it is called a "joint" action.—Sev­eral inheritance. An inheritance conveyed so as to descend to two persons severally, by moieties, etc.—Several issues. This occurs where there is more than one issue involved in a case. 3 Steph. Comm. 560.
As to several "Counts," "Covenant," "De­mise," "Fishery," "Tail," and "Tenancy," see those titles.
SEVERALTY. A state of separation. An estate in severalty is one that is held by a person in his own right only, without any other person being joined or connected with him, in point of interest, during his estate therein. 2 Bl. Comm. 179.
The term "severalty" is especially applied, in England, to the case of adjoining meadows undivided from each other, but belonging, either permanently or in what are called "shifting severalties," to separate owners, and held in severalty until the crops have been carried, when the whole is thrown open


as pasture for the cattle of all the owners, and in some cases for the cattle of other persons as well; each owner is called a "sev­eralty owner," and his rights of pasture are called "severalty rights," as opposed to the rights of persons not owners. Cooke, IncL Acts, 47, 163n.
SEVERANCE. In pleading. Separa­tion; division. The separation by defend­ants in their pleas; the adoption, by several defendants, of separate pleas, instead of joining in the same plea. Steph. PL 257.
In estates. The destruction of any one of the unities of a joint tenancy. It is so called because the estate is no longer a joint tenan­cy, but is severed.
The word "severance" is also used to sig­nify the cutting of the crops, such as corn, grass, etc., or the separating of anything from the realty. Brown.
SEWARD, or SEAWARD. One who guards the sea-coast; custos maris.
SEWER. A fresh-water trench or little river, encompassed with banks on both sides, to drain off surplus water into the sea. CJow-ell. Properly, a trench artificially made for the purpose of carrying water into the sea, (or a river or pond.) Crabb, Real Prop. S 113.
In its modern and more usual sense, a "sewer" means an under-ground or covered channel used for the drainage of two or more separate buildings, as opposed to a "drain," which is a channel used for carrying off the drainage of one building or set of build­ings in one curtilage. Sweet. See Valpa­raiso v.' Parker, 148 Ind. 379, 47 N. E. 330; Fuchs v. St. Louis, 167 Mo. 620, 67 S. W. 610, 57 L. R. A. 136; State Board of Health v. Jersey City, 55 N. J. Eq. 116, 35 Atl. 835; Aldrich v. Paine, 106 Iowa, 461, 76 N. W. 812.
—Commissioners of sewers. In English law. The court of commissioners of sewers is a temporary tribunal erected by virtue of a com­mission under the great seal. Its jurisdiction is to overlook the repairs of sea-banks and sea­walls, and the cleansing of public rivers, streams, ditches, and other conduits whereby any waters are carried off, and is confined to such county or particular district as the com­mission expressly names. Brown.
SEX. The distinction between male and female; or the property or character by which an animal is male or female. Webster.
SEXAGESIMA SUNDAY. In eeclesi-astioal law. The second Sunday before Lent, being about the sixtieth day before Easter.
SEXHINDENI. In Saxon law. The mid­dle thanes, valued at 600s.
SEXTANS. Lat In Roman law. A sub­division of the at, containing two unciw;
the proportion of two-twelfths, or one-sixth. 2 Bl. Comm. 462, note.
SEXTARY. In old records. An ancient measure of liquids, and of dry commodi­ties; a quarter or seam. Spelman.
SEXTERY LANDS. Lands given to a church or religious house for maintenance of a sexton or sacristan. CowelL
SEXTUS DECRETALIUM. Lat. The sixth (book) of the decretals; the sext, or sixth decretal. So called because append­ed, in the body of the canon law, to the five books of the decretals of Gregory IX.; it consists of a collection of supplementary de­cretals, and was published A. D. 1298. Butl. Hor. Jur. 172; 1 Bl. Comm. 82.
SEXUAL INTERCOURSE. Carnal cop­ulation of male and female, implying actual penetration of the organs of the latter. State v. Frazier, 54 Kan. 719, 39 Pac. 822.
SHACK. In English law. The stray­ing and escaping of cattle out of the lands of their owners into other uninclosed land; an intercommoning of cattle. 2 H. Bl. 416.
It sometimes happens that a number of adjacent fields, though held in severalty, i. e., by separate owners, and cultivated separate­ly, are, after the crop on each parcel has been carried in, thrown open as pasture to the cattle of all the owners. "Arable lands cultivated on this plan are called 'shack fields,' and the right of each owner of a part to feed cattle over the whole during the autumn and winter is known in law as 'com­mon of shack,' a right which is distinct in its nature from common because of vicinage, though sometimes said to be nearly identical with it." Elton, Commons, 30; Sweet.
SHALL. As used in statutes and simi­lar instruments, this word is generally im­perative or mandatory; but it may be con­strued as merely permissive or directory, (as equivalent to "may,") to carry out the legislative intention and in cases where no right or benefit to any one depends on its being taken in the imperative sense, and where no public or private right is impaired by its interpretation in the other sense. Also, as against the government, "shall" is to be construed as "may," unless a contrary intention is manifest. See Wheeler v. Chi­cago, 24 111. 105, 76 Am. Dec. 736; People v. Chicago Sanitary Dist, 184 111. 597, 56 N. E. 953; Madison v. Daley (C. C.) 58 Fed. 753; Cairo & F. R. Co. v. Hecht, 95 U. S. 170, 24 L. Ed. 423.
SHAM PLEA. See Plxa.


SHARE. A portion of anything. When a whole is divided into shares, they are not necessarily equal.
In the law of corporations and joint-stock companies, a share is a definite portion of the capital of a company.
—Share and share alike. In equal shares or proportions.—Share-certificate. A share-cer­tificate is an instrument under the seal of the company, certifying that the person therein named is entitled to a certain number of shares; it is prima facie evidence of his title thereto. Lindl. Partn. 150, 1187.—Share-warrant. A share-warrant to bearer is a warrant or cer­tificate under the seal of the company, stating that the bearer of the warrant is entitled to a certain number or amount of fully paid up shares or stock. Coupons for payment of divi­dends may be annexed to it. Delivery of the share-warrant operates as a transfer of the shares or stock. Sweet.
SHAREHOLDER. In the strict sense of the term, a "shareholder" is a person who has agreed to become a member of a corpora­tion or company, and with respect to whom all the required formalities have been gone through; e. g.t signing of deed of settlement, registration, or the like. A shareholder by estoppel is a person who has acted and been treated as a shareholder, and consequently has the same liabilities as if he were an or­dinary shareholder. Lindl. Partn. 130. See Beal v. Essex Sav. Bank, 67 Fed. 816, 15 G. C. A. 128; State v. Mitchell, 104 Tenn. 336, 58 S. W. 365.
SHARP. A "sharp" clause in a mortgage or other security (or the whole instrument described as "sharp") is one which empowers the creditor to take prompt and summary ac­tion upon default in payment or breach of other conditions.
SHARPING CORN. A customary gift of corn, which, at every Christmas, the far­mers in some parts of England give to their smith for sharpening their plow-irons, har­row-tines, etc. Blount.
SHASTER. In Hindu law. The instru­ment of government or instruction; any book of instructions, particularly containing Di­vine ordinances. Wharton.
SHAVE. While "shave" is sometimes used to denote the act of obtaining the prop­erty of another by oppression and extortion, it may be used in an innocent sense to de­note the buying of existing notes and other securities for money, at a discount. Hence to charge a man with using money for shav­ing is not libelous per se. See Stone v. Cooper, 2 Denio (N. Y.) 301; Trentham y. Moore, 111 Tenn. 346, 76 S. W. 904; Bron-son v. Wiman, 10 Barb. (N. T.) 428.
SHAW. In old English law. A wood. Co. Litt 46.
SHAWATORES. Soldiers. Cowell.
SHEADING. A riding, tithing, or divi­sion in the Isle of Man, where the whole island is divided into six sheadings, in each of which there is a coroner or chief consta­ble appointed by a delivery of a rod at the Tinewald court or annual convention. King, Isle of Man, 7.
SHEEP. A wether more than a year old. Rex v. Birket, 4 Car. & P. 216.
SHEEP-HEAVES. Small plots of past­ure, in England, often in the middle of the waste of a manor, of which the soil may or may not be in the lord, but the pasture is private property, and leased or sold as such. They principally occur in the northern coun­ties, (Cooke, Incl. Acts, 44,) and seem to be corporeal hereditaments, (Elton, Commons, 35,) although they are sometimes classed with rights of common, but erroneously, the right being an exclusive right of pasture. Sweet.
SHEEP-SIXVER. A service turned into money, which was paid in respect that an­ciently the tenants used to wash the lord's sheep. Wharton.
SHEEP-SKIN. A deed; so called from the parchment It was written on.
SHEEP-WALK. A right of sheep-walk is the same thing as a fold-course, (g. v.) Elton, Commons, 44.
SHELLEY'S CASE, RULE IN. "When the ancestor, by any gift or conveyance, tak-eth an estate of freehold, and in the same gift or conveyance an estate is limited, ei­ther mediately or immediately, to his heirs in fee or in tail, the 'heirs' are words of lim­itation of the estate, and not words of pur­chase." 1 Coke, 104.
Intimately connected with the quantity of estate which a tenant may hold in realty is the antique feudal doctrine generally known as the "Rule in Shelley's Case," which is reported by Lord Coke in 1 Coke, 93b, (23 Eliz. in O. B.) This rule was not first laid down or established in that case, but was then simply admitted in argument as a well-founded and settled rule of law, and has al­ways since been quoted as the "Rule in Shel­ley's Case." Wharton.
SHEPWAY, COURT OF. A court held before the lord warden of the Cinque Ports. A writ of error lay from the mayor and jurats of each port to the lord warden in this court, and thence to the queen's bench. The civil jurisdiction of the Cinque Ports is abolished by 18 & 19 Vict c. 48.
SHEREFFE. The body of the lordship of Cserdiff in South Wales, excluding the members of it Powel, Hist. Wales, 123.
SHERIFF. In American law. The
chief executive and administrative officer of « county, being chosen by popular election.


His principal duties are In aid of the crim­inal courts and civil courts of record; such as serving process, summoning juries, ex­ecuting judgments, holding judicial sales, and the like. He is also the chief conserva­tor of the peace within his territorial juris­diction. See State v. Finn, 4 Mo. App. 352; Com. v. Martin, 9 Kulp (Pa.) 69; In re Ex­ecutive Communication, 13 Fla. 687; Pearce v. Stephens, 18 App. Div. 101, 45 N. T. Supp. 422; Denson v. Sledge, 13 N. C. 140; Hoc-kett v. Alston, 110 Fed. 912, 49 C. C. A. 180.
In English law. The sheriff is the prin­cipal officer In every county, and has the transacting of the public business of the county. He is an officer of great antiquity, and was also called the "shire-reeve," "reeve," or "bailiff." He is called in Latin "vice-comes," as being the deputy of the earl or comes, to whom anciently the custody of the shire was committed. The duties of the sheriff principally consist in executing writs, precepts, warrants from justices of the peace for the apprehension of offenders, etc. Brown.
In Scotch law. The office of sheriff dif­fers somewhat from the same office under the English law, being, from ancient times, an office of important judicial power, as well as ministerial. The sheriff exercises a juris­diction of considerable extent, both of civil and criminal character, which is, in a proper sense, judicial, in addition to powers resem­bling those of an English sheriff. Tomlins; Bell.
—Deputy sheriff. See Deputy.—High sheriff. One holding the office of sheriff, as distinguished from his deputies or assistants or under sheriffs.—Pocket sheriff. In English law. A sheriff appointed by the sole authority of the crown, without the usual form of nom­ination by the judges in the exchequer. 1 Bl. Coram. 342; 3 Steph. Comin. 23.—Sheriff clerk. The clerk of the sheriff's court in Scot­land.—Sheriff depute. In Scotch law. The principal sheriff of a county, who is also a judge.—Sheriff-geld. A rent formerly paid by a sheriff, and it is prayed that the sheriff in his account may be discharged thereof. Rot. Pari. SO Edw. III.—Sheriff-tooth. In English law. A tenure by the service of providing entertain­ment for the sheriff at his county-courts; a common tax, formerly levied for the sheriff's diet. Wharton.—Sheriff's court. The court held before the sheriff's deputy, that is, the un­der-sheriff, and wherein actions are brought for recovery of debts under £20. Writs of inquiry are also brought here to be executed. The sher­iff's court for the county of Middlesex is that wherein damages are assessed in proper cases after trial at Westminster. Brown.—Sheriff's jury. In practice. A jury composed of no de­terminate number, but which may be more or less than twelve, summoned by the sheriff for the purposes of an inquisition or inquest of of­fice. 3 Bl. Comm. 258.—Sheriff's officers. Bailiffs, who are either bailiffs of hundreds or bound-bailiffs.—Sheriff's sale. See Sale.— Sheriff's tourn. A court of record in Eng­land, held twice every year, within a month aft­er Easter and Michaelmas, before the sheriff, in different parts of the county. It is, indeed, only the turn or rotation of the sheriff to keep a court-leet in each respective hundred. It is the great coujt-leet of the county, as the county
court is the court-baron; for out of this, for the ease of the sheriff, was taken the court-leet or view of frank-pledge. 4 Bl. Comm. 273.
SHERIFFALTY. The time of a man's being sheriff. Cowell. The term of a sher­iffs office.
SHERIFFWICK. The jurisdiction of a sheriff. Called, in modern law, "bailiwick." The office of a sheriff.
SHERRERIE. A word used by the au­thorities of the Soman Church, to specify contemptuously the technical parts of the law, as administered by non-clerical lawyers. Wharton.
SHEWER. tn the practice of the English high court, when a view by a jury is ordered, persons are named by the court to show the property to be viewed, and are hence called "shewers." There is usually a shewer on behalf of each party. Archb. Pr. 339, et seq.
SHEWING. In English law. To be quit of attachment in a court, in plaints shewed and not avowed. Obsolete.
SHIFTING. Changing; varying; pass­ing from one person to another by substitu­tion. "Shifting the burden of proof" is transferring it from one party to the other, or from one side of the case to the other, when he upon whom it rested originally has made out a prima facie case or defense by evidence, of such a character that it then becomes incumbent upon the other to rebut it by contradictory or defensive evidence.
—Shifting clause. A shifting clause in a settlement is a clause by which some other mode of devolution is substituted for that pri­marily prescribed. Examples of shafting claus­es are: The ordinary name and arms clause, and the clause of less frequent occurrence by which a settled estate is destined as the founda­tion of a second family, in the event of the elder branch becoming otherwise enriched. These shifting clauses take effect under the statute of uses. Sweet.—Shifting risk. In insurance, a risk created by a contract of in­surance on a stock of merchandise, or other sim­ilar property, which is kept for sale, or is sub­ject to change in items by purchase and sale; the policy being conditioned to cover the goods in the stock at any and all times and not to be affected by changes in its composition. Far­mers', etc., Ins. Ass'n v. Kryder, 5 Ind. App. 430, 31 N. E. 851, 51 Am. St. Rep. 284— Shifting severalty. See Severalty.— Shifting use. See USE.
SHILLING. In English law. The name of an English coin, of the value of one-twentieth part of a pound. This denomina­tion of money was also used in America, in colonial times, but was not everywhere of uniform value.
SHIN-PLASTER. Formerly, a jocose term for a bank-note greatly depreciated in value; also for paper money of a denomina-

tion less than a dollar. Webster. See Madi­son Ins. Co. v. Forsythe, 2 Ind. 483.
SHIP, v. In maritime law. To put on board a ship; to send by ship.
To engage to serve on board a vessel as a seaman.
SHIP, n. A vessel of any kind employed in navigation. In a more restricted and more technical sense, a thre~e-masted vessel navigated with sails.
The term "ship" or "shipping," when used in this Code, includes steam-boats, sailing vessels, canal-boats, barges, and every struc­ture adapted to be navigated from place to place for the transportation of merchandise or persons. Civ. Code Cal. § 960.
Nautical men apply the term "ship" to distin­guish a vessel having three masts, each con­sisting of a lower mast, a topmast, and a top­gallant mast, with their appropriate rigging. In familiar language, it is usually employed to distinguish any large vessel, however rig­ged. It is also frequently used as a general designation for all vessels navigated with sails; and this is the sense in which it is employed in law. Tomlins. And see Cope v. Vallette Dry-Dock Co., 119 U. S. 625, 7 Sup. Ct. 336, 30 L. Ed. 501; U. S. v. Open Boat, 27 Fed. Cas. 347; Raft of Cypress Logs, 20 Fed. Cas. 170; Tucker v. Alexandroff, 183 U. S. 424, 22 Sup. Ct. 195, 46 L. Ed. 264; King v. Green-way, 71 N. Y. 417; U. S. v. Dewey, 188 U. S. 254, 23 Sup. Ct. 415, 47 L. Ed. 463; Swan v. U S., 19 Ct. CI. 62.
—General ship. Where a ship is not char­tered wholly to one person, but the owner of­fers her generally to carry the goods of all comers, or where, if chartered to one person, he offers her to several subfreighters for the con­veyance of their goods, she is called a "gen­eral" ship, as opposed to a "chartered" one. Brown. A vessel in which the master or own­ers engage separately with a number of persons unconnected with each other to convey their respective goods to the place of the ship's destination. Ward v. Green, 6 Cow. (N. Y) 173, 16 Am. Dec. 437.—Ship-breaking. In Scotch law. The offense of breaking into a ship. Arkley, 461.—Ship-broker. An agent for the transaction of business between ship­owners and charterers or those who ship car­goes. Little Rock v. Barton, 33 Ark. 444 — Ship-chandlery. This is a term of extensive import, and includes everything necessary to furnish and equip a vessel, so as to render her seaworthy for the intended voyage. Not only stores, stoves, hardware, and crockery have been held to be within the term, but muskets and other arms also, the voyage being round Cape Horn to California, in the course of which voyage arms are sometimes carried for safety. Weaver v. The S. G. Owens, 1 Wall. Jr. 368, Fed. Cas. No. 17,310.—Ship-channel. In riv­ers, harbors, etc., the channel in which the wa­ter is deep enough for vessels of large size, usually marked out in harbors by buoys. The Oliver (D. C) 22 Fed. 848.—Ship-damage. In the charter-parties with the English East India Company, these words occur. Their mean­ing is, damage from negligence, insufficiency, or bad stowage in the ship. Abb. Shipp. 204. —Ship-master. The captain or master of a merchant ship, appointed and put in command by the owner, and having general control of the vessel and cargo, with power to bind the owner by his lawful acts and engagements in the management of the ship.—Ship-money. In English law. An imposition formerly lev-
ied on port-towns and other places for fitting out ships; revived by Charles I, and abolished in the same reign. 17 Car. I. c. 14.—Ship'* hill. The copy of the bill of lading retained by the master is called the "ship's ball." It is not authoritative as to the terms of the con­tract of affreightment; the bill delivered to the shipper must control, if the two do not agree. The Thames, 14 Wall. 98, 20 L. Ed. 804 —Ship's company. A term embracing all the officers of the ship, as well as the mariners or common seamen, but not a passenger. U. S. v. Libby, 26 Fed. Cas. 928; U. S. v. Winn, 28 Fed. Cas. 735—Ship's husband. In mari­time law. A person appointed by the several part-owners of a ship, and usually one of their number, to manage the concerns of the ship for the common benefit. Generally understood to be the general agent of the owners in regard to all the affairs of the ship in the home port. Story, Ag. § 35; 3 Kent, Comm. 151; Web­ster v. The Andes, 18 Ohio, 187; Muldon v. Whitlock, 1 Cow. (N. Y.) 307, 13 Am. Dec. 533; Gillespie v. Winberg, 4 Daly (N. Y.) 322; Mitchell v. Chambers, 43 Mich. 150. S N. W. 57, 38 Am. Rep. 167.—Ship's papers. The papers which must be carried by a vessel on a voyage, in order to furnish evidence of her national character, the nature and destina­tion of the cargo, and of compliance with the navigation laws. The ship's papers are of two sorts: Those required by the law of a par­ticular country; such as the certificate of reg­istry, license, charter-party, bills of lading and of health, required by the law of England to be on board all British ships. Those required by the law of nations to be on board neutral ships, to vindicate their title to that character; these are the pass port, sea-brief, or sea-letter, proofs of property, the muster-roll or r6le <T equipage, the charter-party, the bills of lading and in­voices, the log-book or ship's journal, and the bill of health. 1 Marsh. Ins. c 9, § 6.
SHIPPED. This term, in common mari­time and commercial usage, means "placed on board of a vessel for the purchaser or consignee, to be transported at his risk." Fisher v. Minot, 10 Gray (Mass.) 262.
SHIPPER. 1. The owner of goods who intrusts them on board a vessel for delivery abroad, by charter-party or otherwise.
2. Also, a Dutch word, signifying the master of a ship. It Is mentioned in some of the statutes; Is now generally called "skip­per." Tomlins.
SHIPPING. Ships In general; ships or vessels of any kind intended for navigation. Relating to ships; as, shipping interest, ship­ping affairs, shipping business, shipping con­cerns. Putting on board a ship or vessel, or receiving on board a ship or vessel. Web­ster; Worcester.
The "law of shipping" is a comprehensive term for all that part of the maritime law which relates to ships and the persons em­ployed in or about them. It embraces such subjects as the building and equipment of vessels, their registration and nationality, their ownership and Inspection, their em­ployment, (including charter-parties, freight, demurrage, towage, and salvage,) and their sale, transfer, and mortgage; also, the em­ployment, rights, powers, and duties of mas-
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ters and mariners; and the law relating to ship-brokers, ship-agents, pilots, etc.
—Shipping articles. A written agreement be­tween the master of a vessel and the mariners, specifying the voyage or term for which the lat­ter are shipped, and the rate of wages.—Ship­ping commissioner. An officer of the United States, appointed by the several circuit courts, within their respective jurisdictions, for each port of entry (the same being also a port of ocean navigation) which, in the judgment of such court, may require the same; his duties being to supervise the engagement and discharge of seamen; to see that men engaged as seamen report on board at the proper time; to facili­tate the apprenticing of persons to the marine service; and other similar duties, such as may be required by law. Rev. St. U. S. §§ 4501-4508 (U. S. Comp. St. 1901, pp. 3061-3067).
SHIPWRECK. The demolition or shat­tering of a vessel, caused by her driving ashore or on rocks and shoals in the mid-seas, or by the violence of winds and waves in tempests. 2 Arn. Ins. p. 734.
SHIRE. In English law. A county. So called because every county or shire is di­vided and parted by certain metes and bounds from another. Co. Litt. 50a.
—Knights of the shire. See Knight.— Shire-clerk. He that keeps the county court. —Shire-man, or Scyre-man. Before the Conquest, the judge of the county, by whom trials for land, etc., were determined. Tomlins; Mozley & Whitley.—Shire-mote. The assize of the shire, or the assembly of the people, was so called by the Saxons. It was nearly if not exactly, the same as the scyregemote, and in most respects corresponded with what were afterwards called the "county courts." Brown.—Shire-reeve. In Saxon law. The reeve or bailiff of the shire. The viscount of the Anglo-Normans, and the sheriff of later times. Co. Litt. 168a.
SHOCK. In medical jurisprudence. A sudden and severe depression of the vital functions, particularly of the nerves and the circulation, due to the nervous exhaustion following trauma, surgical operation, or sud­den and violent emotion, resulting (if not in death) in more or less prolonged prostration; it is spoken of as being either physical or psychical, according as it is caused by dis­turbance of the bodily powers and functions or of the mind. See Maynard v. Oregon R. Co., 43 Or. 63, 72 Pac. 590.
SHOOFAA. In Mohammedan law. Pre­emption, or a power of possessing property which has been sold, by paying a sum equal to that paid by the purchaser. Wharton.
SHOP. A building in which goods and merchandise are sold at retail, or where mechanics work, and sometimes keep their products for sale. See State v. Morgan, 98 N. C. 641, 3 S. B. 927; State v. O'Connell, 26 Ind. 267; State v. Sprague, 149 Mo. 409, 50 S. W. 901.
Strictly, a shop is a place where goods are sold by retail, and a store a place where goods are deposited; but, in this country, shops for the
sale of goods are frequently called "stores." Com. v. Annis, 15 Gray (Mass.) 197.
—Shop-books. Books of original entry kept by tradesmen, shop-keepers, mechanics, and the like, in which are entered their accounts and charges for goods sold, work done, eta
SHOPA. In old records, a shop. Cowell.
SHORE. Land on the margin of the sea, or a lake or river.
In common parlance, the word "shore" is understood to mean the line that separates the tide-water from the land about it, wher­ever that line may be, and in whatever stage of the tide. The word "shore," in its legal and technical sense, indicates the lands ad­jacent to navigable waters, where the tide flows and reflows, which at high tides are submerged, and at low tides are bare. Shiv-ely v. Bowlby, 152 U. S. 1, 14 Sup. Ct. 548, 38 L. Ed. 331; Mather v. Chapman, 40 Conn. 400, 16 Am. Rep. 46; U. S. v. Pacheco, 2 Wall. 590, 17 L. Ed. 865; Harlan & Hollings-worth Co. v. Paschall, 5 Del. Ch. 463; Lacy v. Green, 84 Pa. 519; Axline v. Shaw, 35 Pla. 305, 17 South. 411, 28 L R. A. 391.
Sea-shore is that space of land over which the waters of the sea spread in the highest water, during the winter season. Civ. Code La. art. 451.
When the sea-shore is referred to as a bound­ary, the meaning must be understood to be the margin of the sea in its usual and ordinary state; the ground between the ordinary high-water mark and low-water mark is the shore. Hence a deed of land bounded at or by the "shore" will convey the flats as appurtenant. Storer v. Freeman, 6 Mass. 435. 4 Am. Dec. 155.
SHORT CAUSE. A cause which is not likely to occupy a great portion of the time of the court, and which may be entered on the list of "short causes," upon the applica­tion of one of the parties, and will then be heard more speedily than it would be in its regular order. This practice obtains in the English chancery and in some of the American states.
SHORT ENTRY. A custom of bankers of entering on the customer's pass-book the amount of notes deposited for collection, In such a manner that the amount Is not car­ried to the latter's general balance until the notes are paid. See Giles v. Perkins, 9 East, 12; Blaine t. Bourne, 11 R. I. 121. 23 Am. Rep. 429.
SHORT LEASE. A term applied collo­quially, but without much precision, to a lease for a short term, (as a month or a year,) as distinguished from one running for a long period.
SHORT NOTICE. In practice. Notice of less than the ordinary time; generally of half that time. 2 Tidd, Pr. 757.


SHORT SUMMONS. A process, author­ized in some of the states, to be issued against an absconding, fraudulent, or non­resident debtor, which is returnable within a less number of days than an ordinary writ of summons.
SHOBTFOBD. An old custom of the city of Exeter. A mode of foreclosing the right of a tenant by the chief lord of the fee, in cases of non-payment of rent. Cowell.
SHOW. Although the words "show" and "indicate" are sometimes interchangeable in popular use, they are not always so. To "show" is to make apparent or clear by evi­dence; to prove; while an "indication" may be merely a. symptom; that which points to or gives direction to the mind. Coyle v. Com., 104 Pa. 133.
SHOW CAUSE. To show cause against a rule nisi, an order, decree, execution, etc., is to appear a£ directed, and present to the court such reasons and considerations as one has to offer why it should not be con­firmed, take effect, be executed, or as the case may be.
SHRIEVALTY. The office of sheriff; the period of that office.
SHYSTER. A "pettifogging shyster" Is an unscrupulous practitioner who disgraces his profession by doing mean work, and re­sorts to sharp practice to do it. Bailey v. Kalamazoo Pub. Co., 40 Mich. 251. See, also, Gribble v. Pioneer Press Co., 34 Minn. 342, 25 N. W. 710.
Si a jure discedas, vagus eris, et erunt omnia omnibus incerta. If you depart from the law, you will go astray, and all things will be uncertain to everybody. Co. Litt 227&.
SI ACTIO. Lat. The conclusion of a plea to an action when the defendant de­mands judgment, if the plaintiff ought to have his action, etc. Obsolete.
Si alieujus rei societas sit et finis ne-gotio impositus est, finitur societas. If
there is a partnership in any matter, and the business is ended, the partnership ceases. Griswold v. Waddington, 16 Johns. (N. Y.) 438, 489.
Si aliquid ex solemnibus deficiat, cum sequitas poscit, subveniendum est. If
any one of certain required forms be want­ing, where equity requires, It will be aided. 1 Kent, Comm. 157. The want of some of a neutral vessel's papers is strong presump­tive evidence against the ship's neutrality, yet the want of any one of them is not absolutely conclusive. Id.
SI ALIQUID SAPIT. Lat. If he knows anything; If he is not altogether devoid of reason.
Si assuetis mederi possis, nova nom sunt tentanda. If you can be relieved by accustomed remedies, new ones should not be tried. 10 Coke, 1426. If an old wall can be repaired, a new one should not be made. Id.
be certain who is the person meant.
SI CONTINGAT. Lat If It happen. Words of condition in old conveyances. 10 Coke, 42a.
[he] make you secure. In practice. The Initial and emphatic words of that descrip­tion of original writ which directs the sher­iff to cause the defendant to appear In court, without any option given him, provided the plaintiff gives the sheriff security effectually to prosecute his claim. 3 Bl. Comm. 274.
Si ingratum dixeris, omnia dixeris.
If you affirm that one is ungrateful, in that you include every charge. A Roman maxim. Tray. Lat Max.
SI ITA EST. Lat. If It be so. Em­phatic words in the old writ of mandamus to a judge, commanding him, if the fact alleged be truly stated, (si ita est,) to affix his seal to a bill of exceptions. Ex parte Crane, 5 Pet 192, 8 L Ed. 92.
Si meliores sunt quos ducit amor, plures sunt quos corrigit timor. If those are better who are led by love, those are the greater number who are corrected by fear. Co. Litt 392.
Si non appareat quid actum est, erit consequens ut id sequamur quod in re-gione in qua actum est frequentatur.
If it does not appear what was agreed upon, the consequence will be that we must fol­low that which is the usage of the place where the agreement was made. Dig. 50, 17, 34.
SI NON OMNES. Lat In English prac­tice. A writ of association of justices where­by, if all in commission cannot meet at the day assigned, it is allowed that two or more may proceed with the business. Cowell; Fitzh. Nat Brev. Ill C.
Si nulla sit conjectura quae ducat alio, verba intelligenda sunt ex proprietate, non grammatica sed popular! ex usu.
If there be no inference which leads to a different result, words are to be understood according to their proper meaning, not in a


grammatical, but in a popular and ordinary, sense. 2 Kent, Comm. 555.
SI PARET. Lat If it appears. In Ro­man law. Words used in the formula by which the praetor appointed a Judge, and instructed him how to decide the cause.
Si plures sint fidejussores, quotquot erunt numero, singnli in solidum tenen-tur. If there are more sureties than one, how many soever they shall be, they shall each be held for the whole. Inst. 3, 20, 4.
SI PRUTS. Lat. In old practice. If before. Formal words in the old writs for summoning juries. Fleta, 1. 2, c. 65, § 12.
Si quid universitati debetnr singulis non debetnr, nee quod debet universi-tas singuli debent. If anything be owing to an entire body, it Is not owing to the individual members; nor do the individuals owe that which is owing by the entire body. Dig. 8» 4, 7, 1.
Si quidem in nomine, cognomine, prsenomine legatarii testator erraverit, ram de persona oonstat, nihilominus va­let legatum. Although a testator may have mistaken the nomen, cognomen, or pramomen of a legatee, yet, If It be certain who Is the person meant, the legacy is valid. Inst. 2, 20, 29; Broom, Max. 645.
SI QUIS. Lat In the civil law. If any one. Formal words in the praetorian edicts. The words "guis," though masculine in form was held to include women. Dig. 50, 16, 1.
Si qnis enstos fraudem pnpillo fecerit, • tntela removendns est. Jenk. Cent. 39. If a guardian do fraud to his ward, he shall be removed from his guardianship.
Si qnis prsegnantem uxorem reliquit, non videtur sine liberis deeessisse. If a
man leave his wife pregnant, he shall not be considered to have died without children. A rule of the civil law.
Si qnis rninm perensserit, onm alinm perentere vellet, in felonia tenetnr. 3
Inst 51. If a man kill one, meaning to kill another, he is held guilty of felony.
SI RECOGNOSCAT. Lat. If he ac­knowledge. In old practice. A writ which lay for a creditor against his debtor for money numbered • (pecunia numerata) or counted; that is, a specific sum of money, which the debtor had acknowledged in the county court, to owe him, as received in pecuniis numeratis. Cowell.
Si snggestio non sit vera, literse pa-tentes vacuse sunt. 10 Coke, 113. If the suggestion be not true, the letters patent are void.
SIB. Sax. A relative or kinsman. Used In the Scotch tongue, but not now in Eng­lish.
SIC. Lat Thus; so; in such manner.
Sie enim debere quern meliorem agrnm sunm facere ne vicini deteriorem faciat.
Every one ought so to improve his land as not to injure his neighbor's. 3 Kent Comm. 441. A rule of the Roman law.
Sie interpretandnm est nt verba ac-
cdpiantur cum effectn. 3 Inst. 80. [A
statute] is to be so interpreted that the
words may be taken with effect
SIC SUBSCRIBITUR. Lat. In Scotch practice. So it is subscribed. Formal words at the end of depositions, immediately pre­ceding the signature. 1 How. State Tr. 1379.
Sie ntere tno nt aliennm non lsedas.
Use your own property in such a manner as not to injure that of another. 9 Coke, 59; 1 BL Comm. 306; Broom, Max. 365.
SICH. A little current of water, which is dry in summer; a water furrow or gutter. Cowell.
SICITTS. A sort of money current among the ancient English, of the value of 2d.
SICKNESS. Disease; malady; any mor­bid condition.of the body (including insanity) which, for the time being, hinders or pre­vents the organs from normally discharging their several functions. L R. 8 Q. B, 295.
SICUT ALIAS. Lat. As at another time, or heretofore. This was a second writ sent out when the first was not executed. Cow­ell.
help me God. Fleta, 1. 1, c. 18, § 4.
Sicnt natnra nil facit per saltnm, ita neo lex. Co. Litt. 238. In the same way as nature does nothing by a bound, so neither does the law.
SIDE. The same court is sometimes said to have different sides; that is, different provinces or fields of jurisdiction. Thus, an admiralty court may have an "instance side," distinct from its powers as a prize court; the "crown side," (criminal jurisdiction) is to be distinguished from the "plea side," (civil jurisdiction;) the same court may have an "equity side" and a "law side."
SIDE-BAR RULES. In English prac­tice. There are some rules which the courts authorize their officers to grant as a matter of course without formal application being made to them in open court, and these are technically termed "side-bar rules," because


formerly they were moved for by the attor­neys at the side bar in court; such, for in­stance, was the rule to plead, which was an order or command of the court requiring a defendant to plead within a specified number of days. Such also were the rules to reply, to rejoin, and many others, the granting of which depended upon settled rules of prac­tice rather than upon the discretion of the courts, all of which are rendered unneces­sary by recent statutory changes. Brown, voc. "Rule."
SIDE LINES. In mining law, the side lines of a mining claim are those which measure the extent of the claim on each side of the middle of the vein at the surface. They are not necessarily the side lines as laid down on the ground or on a map or plat; for if the claim, in its longer dimen­sion, crosses the vein, instead of following it, the platted side lines will be treated in law as the end lines, and vice versa, (see Argentine Min. Co. v. Terrible Min. Co., 122 U. S. 478, 7 Sup. Ct 1356, 30 L. Ed. 1140; Del Monte Min. Co. v. Last Chance Min. Co., 171 U. S. 55, 18 Sup. Ct 895, 43 L. Ed. 72.
SIDE REPORTS. A term sometimes ap­plied to unofficial volumes or series of re­ports, as contrasted with those prepared by the official reporter of the court, or to collec­tions of cases omitted from the official re­ports.
SIDESMEN. In ecclesiastical law. These were originally persons whom, in the ancient episcopal synods, the bishops were wont to summon out of each parish to give informa­tion of the disorders of the clergy and people, and to report heretics. In process of time they became standing officers, under the title of "synodsmen," "sidesmen," or "quest­men." The whole of their duties seems now to have devolved by custom upon the church­wardens of a parish. 1 Burn, Ecc. Law, 399.
SIDEWALK. A walk for foot passen­gers at the side of a street or road. See Kohlhof v. Chicago, 192 111. 249, 61 N. E. 446, 85 Am. St Rep. 335; Challiss v. Parker, 11 Kan. 391; State v. Berdetta, 73 Ind. 185, 38 Am. Rep. 117; Pequignot v. Detroit (C. C.) 16 Fed. 212.
SIEN. An obsolete form of the word "scion," meaning offspring or descendant Co. Litt 123a.
SIERVO. Span. In Spanish law. A slave. Las Partidas, pt 4, tit 21, 1. 1.
SIETE PARTIDAS. Span. Seven parts. See Las Partidas.
SIGHT. When a bill of exchange Is ex­pressed to be payable "at sight," it means
on presentment to the drawee. See Camp­bell v. French, 6 Term, 212.
SIGIIi. In old English law, a seal, or a contracted or abbreviated signature used as a seal.
SIGILLUM. Lat In old English law. A seal; originally and properly a seal im­pressed upon wax.
Sigillum est oera impressa, quia oera sine impressione non est sigillnm. A
seal is a piece of wax impressed, because wax without an impression is not a seaL 3 Inst. 169.
SIGLA. Lat. In Roman law. Marks or signs of abbreviation used in writing. Cod. 1, 17, 11, 13.
SIGN. To affix one's name to a writing or instrument, for the purpose of authenti­cating it, or to give it effect as one's act
To "sign" is merely to write one's name on paper, or declare assent or attestation by some sign or mark, and does not, like "subscribe,'* require that one should write at the bottom of the instrument signed. See Sheehan v. Kear­ney, 82 Miss. 688, 21 South. 41, 35 L. R. A. 102; Robins v. Coryell, 27 Barb. (N. Y.) 560; James v. Patten, 6 N. Y. 9. 55 Am. Dec. 376.
SIGN-MANUAL. In English law. The signature or subscription of the king is term­ed his "sign-manual." There is this differ­ence between what the sovereign does under the sign manual and what he or she does un­der the great seal, viz., that the former Is done as a personal act of the sovereign; the latter as an act of state. Brown.
the civil law. A signet-ring; a seal-ring. Dig. 50, 16, 74.
SIGNATURE. In ecclesiastical law.
The name of a sort of rescript, without seal, containing the supplication, the signature of the pope or his delegate, and the grant of a pardon.
In contracts. The act of writing one's name upon a deed, note, contract or other instrument, either to identify or authenticate it or to give it validity as one's own act The name so written is also called a "signa­ture."
SIGNET. A seal commonly used for the sign manual of the sovereign. Wharton. The signet is also used for the purpose of civil justice in Scotland. Bell.
SIGNIFICATION. In French law. The notice given of a decree, sentence, or other judicial act
SIGNTFICAVrr. In ecclesiastical law. When this word is used alone, it means the


bishop's certificate to the court of chancery in order to obtain the writ of excommunica­tion; but, where the words "writ of signifi­cant" are used, the meaning is the same as "writ de excommunicato capiendo." Shelf. Mar. & Div. 502. Obsolete.
SIGNING JUDGMENT. In English practice. The signature or allowance of the proper officer of a court, obtained by the party entitled to judgment in an action, ex­pressing generally that judgment is given in his favor, and which stands in the place of Its actual delivery by the judges themselves. Steph. PI. 110, 111; French v. Pease, 10 Kan. M.
In American practice. Signing judg­ment means a signing of the judgment rec­ord itself, which is done by the proper of­ficer, on the margin of the record, opposite the entry of the judgment 1 Burrill, Pr. 268.
SIGNTJM. Lat In the Roman and civil law. A sign; a mark; a seal. The seal of an instrument. Calvin.
A species of proof. By "signa" were meant those species of indicia which come more immediately under the cognizance of the senses; such as stains of blood on the person of the accused. Best, Pres. 13, note /.
In Saxon law. The sign of a cross pre­fixed as a sign of assent and approbation to a charter or deed.
SILENCE. The state of a person who does not speak, or of one who refrains from speaking. In the law of estoppel, "silence" implies knowledge and an opportunity to act upon it. Pence v. Langdon, 99 U. S. 581, 25 L. Ed. 420; Stewart v. Wyoming Cattle Ranch Co., 128 U. S. 383, 9 Sup. Ct 101, 32 L. Ed. 439; Chicora Fertilizer Co. v. Dunan, 91 Md. 144, 46 Atl. 347, 50 L. R. A. 401.
Silent leges inter arnta. The power of law is suspended during war. Bacon.
SLLENTIARIUS. In English law. One of the privy council; also an usher, who sees good rule and silence kept in court Whar­ton.
SILK GOWN. Used especially of the gowns worn in England by king's counsel; hence, "to take silk" means to attain the rank of king's counsel. Mozley & Whitley.
SILVA. Lat In the civil law. Wood; a wood.
SHiVA CaSDUA. In the civil law.
That kind of wood which was kept for the purpose of being cut
In English law. Under wood; coppice wood. 2 Inst 642; Cowell. All small wood Bl.Law Dict.(2d Ed.)—69
and under timber, and likewise timber when cut down, under twenty years' growth; titheable wood. 3 Salk. 347.
SIMILAR. This word is often used to denote a partial resemblance only; but it is also often used to denote sameness in all es­sential particulars. Thus, a statutory pro­vision in relation to "previous conviction of a similar offense" may mean conviction of an offense identical in kind. Com. v. Fon-tain, 127 Mass. 454.
SIMILITER. Lat In pleading. Like­wise; the like. The name of the short for­mula used either at the end of pleadings or by itself, expressive of the acceptance of an issue of fact tendered by the opposite party; otherwise termed a "joinder in issue." Steph. PI. 57, 237. See Solomons v. Chesley, 57 N. H. 163.
Similitudo legalis est casnnm diver-sorum inter se collatorum sintilis ratio; qnod in nno similium valet, valehit in altero. Dissimilium, dissimilis est ratio.
Legal similarity is a similar reason which governs various cases when compared with each other; for what avails in one similar case will avail in the other. Of things dis­similar, the reason is dissimilar. Co. Litt 191.
Sintonia est voluntas sive desiderium emendi vel vehdendi spiritnalia vel spir-itualibns adhserentia. Contractus ex turpi causa et contra bonos mores. Hob. 167. Simony is the will or desire of buying or selling spiritualities, or things pertaining thereto. It is a contract founded on a bad cause, and against morality.
SIMONY. In English ecclesiastical lawv The corrupt presentation of any one to an* ecclesiastical benefice for money, gift or re­ward. 2 Bl. Comm. 278. An unlawful con­tract for presenting a clergyman to a bene­fice. The buying or selling of ecclesiastical preferments or of things pertaining to the ecclesiastical order. Hob. 167. See State v. Buswell, 40 Neb. 158, 58 N. W. 728, 24 L. R. A. 68.
SIMPLA. Lat In the civil law. The single value of a thing. Dig. 21, 2, 37, 2.
SIMPLE. Pure; unmixed; not com­pounded; not aggravated; not evidenced by sealed writing or record.
As to simple "Assault" "Average," "Bat­tery," "Blockade," "Bond," "Confession," "Contract," "Contract Debt," "Deposit" "In­terest," "Larceny," "Obligation," "Trust" and "Warrandice," see those titles.
SIMPLEX. Lat Simple; single; pure; unqualified.
—Simplex beneficium. In ecclesiastical law. A minor dignity in a cathedral or eollegi-


ate church, or any other ecclesiastical benefice, as distinguished from a cure of souls. It may therefore be held with any parochial cure, without coming under the prohibitions against pluralities. Wharton.—Simplex dictum. In old English practice. Simple averment; mere assertion without proof.—Simplex justitiari-us. In old records. Simple justice. A name sometimes given to a puisne justice. <3owell. —Simplex loquela. In old English prac­tice. Simple speech; the mere declaration or plaint of a plaintiff.-—Simplex obligatio. A single obligation ; a bond without a condition. 2 Bl. Comm. 340.—Simplex peregrinatio. In old English law. Simple pilgrimage. Fleta, 1. 4, a 2, § 2.
Simplex commendatio non obligat.
Mere recommendation [of an article] does not bind, [the vendor of it.] Dig. 4, 3, 37; 2 Kent, Comm. 485; Broom, Max. 781.
Simplex et pura donatio did poterit, nbi nulla est adjecta conditio nee modus.
A gift is said to be pure and simple when no condition or qualification Is annexed. Bract 1.
Simplicitas est legibus arnica; et ni-mia subtilitas in jure reprobatur. 4
Coke, '8. Simplicity is favorable to the laws; and too much subtlety in law is to be repro­bated.
SIMPLICITER. Lat. Simply; without ceremony; in a summary manner.
Directly; Immediately; as distinguished from inferentially or indirectly.
By itself; by its own force; per se.
SIMUX CUM. Lat Together with. In actions of tort and in prosecutions, where several persons united In committing the act complained of, some of whom are known and others not, it is usual to allege in the dec­laration or indictment that the persons therein named did the Injury in question, "together with (simul .cum) other persons unknown."
SIMUL ET SEMEL. Lat Together and at'one time.
SIMULATE. To feign, pretend, or coun­terfeit. To engage, usually with the co-op-peration or connivance of another person, In an act or series of acts, which are apparently transacted in good faith, and intended to be followed by their ordinary legal consequen­ces, but which In reality conceal a fraudu­lent purpose of the party to gain thereby some advantage to which he is not entitled, or to injure, delay, or defraud others. See Cartwright v. Bamberger, 90 Ala. 405, 8 South. 264.
—Simulated fact. In the law of evidence. A fabricated fact; an appearance given to things by human device, with a view to deceive and mislead. Burrill, Circ Ev. 131.—Simu­lated judgment. One which is apparently rendered in good faith, upon an actual debt, and intended to be collected by the usual pro-
cess of law, but which in reality is entered by the fraudulent contrivance of the parties, for the purpose of giving to one of them an advan­tage to which he is not entitled, or of defraud­ing or delaying third persons.—Simulated sale. One which has all the appearance of an actual sale in good faith, intended to trans­fer the ownership of property for a considera­tion, but which in reality covers a collusive design of the parties to put the property beyond the reach of creditors, or proceeds from some other fraudulent purpose.
SIMULATIO LATENS. Lat A spe­cies of feigned disease, in which disease Is actually present, but where the symptoms are falsely aggravated, and greater sickness is pretended than really exists. Beck, Med. Jur. 3.
SIMULATION. In the civil law. Mis­representation or concealment of the truth; as where parties pretend to perform a trans­action different from that in which they really are engaged. Mackeld. Rom. Law, i 181.
In French law. Collusion; a fraudulent arrangement bejtween two or more persons to give a false or deceptive appearance to a transaction in which they engage.
SINDERESIS. "A natural power of the soul, set in the highest part thereof, moving and stirring it to good, and adhorring evil. And therefore sinderesis never sinneth nor erreth. And this sinderesis our Lord put in man, to the intent that the order of things should be observed. And therefore sindere­sis is called by some men the 'law of reason,' for it ministereth the principles of the law of reason, the which be In every man by na­ture, in that he is a reasonable creature." Doct. & Stud. 39.
SINE. Lat Without.
—Sine animo revertendi. Without the in­tention of returning. 1 Kent, Comm. 78.— Sine assensu capituli. Without the con­sent of the chapter. In old English practice. A writ which lay where a dean, bishop, preben­dary, abbot, prior, or master of a hospital aliened the lands holden in the right of his house, abbey, or priory, without the consent of the chapter; in which case his successor might have this writ. Fitzh. Nat. Brev. 194, I; Cowell.—Sine consideratione curiae. With­out the judgment of the court Fleta, lib. 2, c 47, | 13.—Sine decreto. Without author­ity of a judge. 2 Karnes, Eq. 115.—Sine die. Without day; without assigning a day for a further meeting or hearing. Hence, a final adjournment; final dismissal of a cause. Quod eat sine die, that he go without day; the old form of a judgment for the defendant, ?. «., a judgment discharging the defendant from any further appearance in court.—Sine boo quod. Without this, that. A technical phrase in old pleading, of the same import with the phrase "absque hoc quod"—Sine numero. Without stint or limit. A term applied to common. Fleta, lib. 4, c. 19, § 8.—Sine prole. Without issue. Used in genealogical tables, and often abbreviated into M*. p."—Sine qua non. With­out which not. That without which the thing cannot be. An indispensable requisite or con­dition.


Sine possessions nsucapio procedere non potest. There can be no prescription without possession.
SINECURE. In ecclesiastical law. When a rector of a parish neither resides nor performs duty at his benefice, but has a vicar under him endowed and charged with the cure thereof, this is termed a "sinecure." Brown.
An ecclesiastical benefice without cure of souls.
In popular usage, the term denotes an of­fice which yfelds a revenue to the incumbent but makes little or no demand upon his time or attention.
SINGLE. Unitary; detached; individ­ual; affecting only one person; containing only one part, article, condition, or covenant
As to single "Adultery," "Bill," "Bond," "Combat" "Demise," "Entry," "Escheat" and "Original," see those titles.
SINGULAR. Each; as in the expression "all and singular." Also, individual.
As to singular "Successor," and "Title," see those titles.
SEPESSOCUA. In old English law. A franchise, liberty, or hundred.
SIST, v. In Scotch practice. To stay proceedings. Bell.
SIST, n. In Scotch practice. A stay or suspension of proceedings; an order for a stay of proceedings. Bell.
SISTER. A woman who has the same father and mother with another, or has one of them only. The word is the correlative of "brother."
SIT. To hold a session, as of a court grand jury, legislative body, etc. To be for­mally organized and proceeding with the transaction of business. See Allen v. State, 102 Ga. 619, 29 S. E. 470; Cock v. State, 8 Tex. App. 659.
SITHCUNDMAM. In Saxon law. The high constable of a hundred.
Spanish and Mexican land law, a tract of land in the form of a square, each side of which measures 5,000 varas; the distance from the center of each sitio to each of its sides should be measured directly to the cardinal points of the compass, and should be 2,500 varas. U. S. v. Cameron, 3 Ariz. 100, 21 Pac. 177.
SITTINGS. In practice. The holding of a court, with full form, and before all the
judges; as a sitting in banc. 3 Steph. Comm. 423.
The holding of a court of nisi prius by one or more of the judges of a superior cotfrt, instead of the ordinary nisi prius judge. 3 Steph. Comm. 422.
—Sittings after term. Sittings in banc after term were held by authority of the St. 1 & 2 Vict c. 32. The courts were at lib­erty to transact business at their sittings as in term-tim«, but the custom was to dispose only of cases standing for argument or judg­ment. Wharton.—Sittings in bank or banc. The sessions of a court with the full bench present, for the purpose of determining mat­ters of law argued1 before them.—Sittings in camera. See Chakbkbs.
SITUS. Lat Site; position; location; the place where a thing is, considered, for example, with reference to jurisdiction over it or the right or power to tax it See Boyd v. Selma, 96 Ala. 144, 11 South. 393, 16 L. R. A. 729; Bullock v. Guilford, 59 Vt 516, 9 Atl. 360; Fenton v. Edwards, 126 Cal. 43, 58 Pac. 320, 46 L. R. A. 832, 77 Am. St Rep. 141.
Sive tota res evincatur, sive pars, habet regressnm emptor in venditorem.
The purchaser who has been evicted in whole or in part has an action against the vendor. Dig. 21, 2, 1; Broom, Max. 768.
SIX ACTS, THE. The acts passed in 1819, for the pacification of England, are so called. They, in effect prohibited the train­ing of persons to arms; authorized general searches and seizure of arms; prohibited meetings of more than fifty persons for the discussion of public grievances; repressed with heavy penalties and confiscations sedi­tious and blasphemous libels; and checked pamphleteering by extending the newspaper stamp duty to political pamphlets. Brown.
SIX ARTICLES, LAWS OF. A cele­brated act entitled "An act for abolishing di­versity of opinion," (31 Hen. VIII. c. 14,) enforcing conformity to six of the strongest points in the Roman Catholic religion, under the severest penalties; repealed by St 1 Eliz. c. 1. 4 Reeve, Eng. Law, 378.
SIX CLERKS. In English practice. Of­ficers of the court of chancery, who receiv­ed and filed all bills, answers, replications, and other papers, signed office Copies of pleadings, examined and signed dockets of decrees, etc., and had the care of all records in their office. Holthouse; 3 Bl. Comm. 443. They were abolished by St 5 Vict c. 5.
SIX-DAY LICENSE. In English law. A liquor license, containing a condition that the premises in respect of which the license is granted shall be closed during the whole of Sunday, granted under section 49 of the licensing act 1872 (35 & 36 Vict c 94.)
SIXHINDI. Servants of the same nature as rod knights, (g. v.) Ana Inst Eng.


SKELETON BILL. One drawn, indorsed, or accepted in blank.
SKILL. Practical and familiar knowledge of the principles and processes of an art, science, or trade, combined with the ability to apply them in practice in a proper and approved manner and with readiness and dexterity. See Dole v. Johnson, 50 N. H. 454; Akridge v. Noble, 114 Ga. 949, 41 S. E. 78; Graham v. Gautier, 21 Tex. 119; Haworth v. Severs Mfg. Co., 87 Iowa, 765, 51 N. W. 68.
—Reasonable skill. Such skill as is ordi­narily possessed and exercised by persons of common capacity, engaged in the same business or employment. Mechanics' Bank v. Merchants' Bank, 6 Mete. (Mass.) 26.—Skilled witnesses. Witnesses who are allowed to give evidence on matters of opinion and abstract fact.
SLADE. In old records. A long, flat, and narrow piece or strip of ground. Paroch. Antiq. 465.
SLAINS. See Letters of Slains.
SLANDER. In torts. Oral defamation; the speaking of false and malicious words concerning another, whereby injury results to his reputation. See Pollard v. Lyon, 91 U. S. 227, 23 L. Ed. 308; Fredrickson v. Johnson, 60 Minn. 337, 62 N. W. 388; Ross v. Ward, 14 S. D. 240, 85 N. W. 182, 86 Am. St. Rep. 746; Gambrill v. Schooley, 93 Md. 48, 48 Ati. 730, 52 L. R. A. 87, 86 Am. St. Rep. 414; Republican Pub. Co. v. Mosman, 15 Colo. 399, 24 Pac. 1051; Civ. Code Ga. 1895, § 3837.
—Slander of title. This is a statement of something tending to cut down the extent of title to some estate vested in the plaintiff. Such statement, in order to be actionable, must be false and malicious; i. e., both untrue and done on purpose to injure the plaintiff. Dam­age must also have resulted from the state­ment. Brown. See Burkett v. Griffith, 90 Cal. 532, 27 Pac. 527, 13 L. R. A. 707, 25 Am. St. Rep. 151; Carbondale Inv. Co. v. Burdick, 67 Kan. 329, 72 Pac. 781; Butts v. Long, 94 Mo. App. 687, 68 S. W. 754.
SLANDERER. One who maliciously and without reason imputes a crime or fault to another of which he is innocent. See Sen­der.
SLAVE. A person who is wholly subject to the will of another; one who has no free­dom of action, but whose person and serv­ices are wholly under the control of another. Webster.
One who is under the power of a master, and who belongs to him; so that the master may sell and dispose of his person, of his in­dustry, and of his labor, without his being able to do anything, have anything, or ac­quire anything, but what must belong to his master. Civ. Code La. art. 35.
SLAVE-TRADE. The traffic in slaves, or the buying and selling of slaves for profit.
SLAVERY. The condition of a slave; that civil relation in which one man has ab­solute power over the life, fortune, and lib* erty of another.
SLAY. This word, in an indictment, adds nothing to the force and effect* of the wor4 "kill," when used with reference to the tak­ing of human life. It is particularly appli­cable to the taking of human life in battle; and, when it is not used in this sense, it la synonymous with "kill." State v. Thomas, 82 La. Ann. 351.
SLEDGE. A hurdle to draw traitors to execution. 1 Hale, P. CL 82.
SLEEPING PARTNER. A dormant part­ner; one whose name does not appear in the firm, and who takes no active part in the business, but who has an interest in the con­cern, and shares the profits, and thereby be­comes a partner, either absolutely, or as re­spects third persons.
SLEEPING RENT. In English law. An expression frequently used in coal-mine leases and agreements for the same. It signifies a fixed or dead, «. e., certain, rent, as distin­guished from a rent or royalty varying with the amount of coals gotten, and is payable although the mine should not be worked at all, but should be sleeping or dead, whence the name. Brown.
SLIGHT. As to slight "Care," "Evidence," "Fault," and "Negligence," see those titles.
SLIP. 1. In negotiations for a policy of insurance. In England, the agreement is in practice concluded between the parties by a memorandum called the "slip," containing the terms of the proposed insurance, and in­itialed by the underwriters. Sweet.
2.Also that part of a police court which is divided off from the other parts of the court, for the prisoner to stand in. It is frequently called the "dock." Brown.
3.The intermediate space between two wharves or docks; the opening or vacant space between two piers. See Thompson v. New Tork, 11 N. Y. 120; New York t. Scott, 1 Caines (N. Y.) 543.
SLIPPA. A stirrup. There is a tenure of land in Cambridgeshire by holding the sovereign's stirrup. Wharton.
SLOUGH. An arm of a river, flowing be­tween islands and the main-land, and sep­arating the islands from one another. Sloughs have not the breadth of the main river, nor does the main body of water of the stream flow through them. Dunlieth & D. Bridge Co. v. Dubuque County, 55 Iowa, 565* 8 N. W. 443.


SLOUGH SILVER. A rent paid to the castle of Wigmore, in lieu of certain days' work in harvest, heretofore reserved to the lord from his tenants. Gowell.
SLUICEWAY. An artificial channel in­to which water is let by a sluice. Specifical­ly, a trench constructed over the bed of a stream, so that logs or lumber can be floated down to a convenient place of delivery. Web­ster. See Anderson v* Munch, 29 Minn. 416, 13 N. W. 192.
SMAKA. In old records. A small, light vessel; a smack. Cowell.
SMALL DEBTS COURTS. The sever­al county courts established by St. 9 & 10 Vict. c. 95, for the purpose of bringing jus­tice home to every man's door.
SMALL TITHES. All personal and mix­ed tithes, and also hops, flax, saffrons, po­tatoes, and sometimes, by custom, wood. Otherwise called "privy tithes." 2 Steph. Comm. 726.
SMART-MONEY'. Vindictive or exem­plary damages. See Brewer v. Jacobs (C. C.) 22 Fed. 224; Springer v. Somers Fuel Co., 196 Pa. 156, 46 Atl. 370; Day v. Wood-worth, 13 How. 371, 14 L. Ed. 181; Murphy v. Hobbs, 7 Colo. 541, 5 Pac. 119, 49 Am. Rep. 36a
SMOKE-FARTHINGS. In old English law. An annual rent paid to cathedral churches; another name for the pentecostals or customary oblations offered by the dis­persed inhabitants within a diocese, when they made their processions to the mother cathedral church. Cowell.
SMOKE-SILVER. In English law. A sum paid to the ministers of divers parishes as a modus in lieu of tithe-wood. Blount.
SMUGGLE. The act, with intent to de­fraud, of bringing into the United States, or with like intent, attempting to bring into the United States, dutiable articles, without pass­ing the same, or the package containing the same, through the custom-house, or submit­ting them to the officers of the revenue for examination. 18 U. S. St. at Large, 186 (U. S. Comp. St 1901, p. 2018).
"The word is a technical word, having a known and accepted meaning. It implies something illegal, and Is inconsistent with an innocent intent. The idea conveyed by it is that of a secret introduction of goods, with intent to avoid payment of duties." U. S. v. Claflin, 13 Blatchf. 184, Fed. Cas. No. 14,79a
SMUGGLING. The offense of import­ing prohibited articles, or of defrauding the revenue by the introduction of articles into consumption, without paying the duties
chargeable upon them. It may be committed indifferently either upon the excise or cus­toms revenue. Wharton.
SNOTTERING SILVER. A small duty which was paid by servile tenants in Wy-legh to the abbot of Colchester. Cowell.
SO. This term is sometimes the equiva­lent of "hence," or "therefore," and it is thus understood whenever what follows is an illustration of, or conclusion from, what has gone before. Clem v. State, 33 Ind. 431.
SO HELP YOU GOD. The formula at the end of a common oath.
SOBRE. Span. Above; over; upon. Ruis v. Chambers, 15 Tex. 586, 592.
SOBRE-JUEZES. In Spanish law. Su­perior judges. Las Partidas, pt 3, tit 4» 1. 1.
SOBRINI and SOBRINiE. Lat In the
civil law. The children of cousins german in general.
SOC, SOK, or SOKA. In Saxon law. Jurisdiction; a power or privilege to admin­ister justice and execute the laws; also a shire, circuit, or territory. Cowell.
SOCA. A seigniory or lordship, enfran­chised by the king, with liberty of holding a court of his socmen or socagers; i. e., his tenants.
SOCAGE. Socage tenure, in England, is the holding of certain lands in consideration of certain inferior services of husbandry to be performed by the tenant to the lord of the fee. "Socage," in its most general and ex­tensive signification, seems to denote a ten­ure by any certain and determinate service. And in this sense it is by the ancient writers constantly put in opposition to tenure by chivalry or knight-service, where the render was precarious and uncertain. Socage is of two sorts,—free socage, where the services are not only certain, but honorable; and vil­lein socage, where the services, though cer­tain, are of baser nature. Such as hold by the former tenure are also called in Glanvil and other authors by the name of "liberi sokemanni," or tenants in- free socage. By the statute 12 Car. 2, c. 24, all the tenures by knight-service were, with one or two im­material exceptions, converted into free and common socage. See Cowell; Bract 1. 2, c. 35; 2 Bl. Comm. 79; Fletar4ib. 3, c. 14, § 9; Lltt § 117; Glan. 1. 3, c. 7.
SOCAGER. A tenant by socage.
Socagium idem est quod servitvm no-cce; et soca, idem est quod caruca. Co.
Litt 86. Socage is the same as service of the soc; and soc is the same thing as a plow.


SOCER. Lat In the civil law. A wife's father; a father-in-law. Calvin.
SOCIALISM. A scheme of government aiming at absolute equality in the distribu­tion of the physical means of life and en­joyment It is on the continent employed in a larger sense; not necessarily implying com­munism, or the entire abolition of private property, but applied to any system which requires that the land and the instruments of production should be the property, not of in­dividuals, but of communities or associations or of the government. 1 Mill, Pol. Econ. 248.
SOCIEDAD. In Spanish law. Partner­ship. Schm. Civil Law, 153, 154.
—Sociedad anonima. In Spanish and Mexi­can law. A business corporation. "By the corporate name, the shareholders' names are unknown to the world; and, so far as their .connection with the corporation is concerned, their own names may be said to be anonymous, that is, nameless. Hence the derivation of the term 'anonymous' as applied to a body of per­sons associated together in the form of a com­pany to transact any given business under a company name which does not disclose any of their own." Hall, Mer. Law, § 749.
SOCIETAS. Lat. In the civil law. Part­nership; a partnership; the contract of partnership. Inst 3, 26. A contract by which the goods or labor of two or more are united in a common stock, for the sake of sharing in the gain. Hallifax, Civil Law, b. 2, c. 18, no. 12.
—Societas leonina. That kind of society or partnership by which the entire profits belong to some of the partners, in exclusion of the rest. So called in allusion to the fable of the 1 lion, who, having entered into partnership with other animals for the purpose of hunting, ap­propriated all the prey to himself. It was void. Wharton —rSocietas navalis. A naval partnership; an association of vessels; a num­ber of ships pursuing their voyage in com­pany, for purposes of mutual protection.
SOCI^TE. Fr. In French law. Partner­ship. See Commendam.
—Societe anonyme. An association where the liability of all the partners is limited. It had fin England until lately no other name than that of "chartered company," meaning thereby a joint-stock company whose shareholders, by a charter from the crown, or a special enactment of the legislature, stood exempted from any liability for the debts of the concern, bevond the amount of their subscriptions. 2 Mill, Pol. Econ. 485.—Societe en commandite. In Louisiana. A partnership formed by a con­tract by which one person or partnership agrees to furnish another person or partnership, a certain amount,- either in property or money, to be employed by the person or partnership to whom it is furnished, in his or their own name or firm, on condition of receiving a share in the profits, in the proportion determined by the contract, and of being liable to losses and expenses to the amount furnished and no more. Civ. Code La. art. 2810.
SOCIETY. An association or company of persons (generally not incorporated) unit-
ed together for any mutual or common pur­pose. In a wider sense, the community or public; the people in general. See New York County Medical Ass'n v. New York, 32 Misc. Rep. 116, 65 N. Y. Supp. 531; Josey v. Un­ion L. & T. Co., 106 Ga. 608, 32 S. E. 628; Gilmer v. Stone, 120 U. S. 586, 7 Sup. Ct 689, 30 L. Ed. 734.
Socii mei socins mens socius non 'est.
The partner of my partner is not my part­ner. Dig. 50, 17, 47, 1.
SOCIUS. Lat In the civil law. A part­ner.
SOCMAN. A socager.
—Free socmen. In old English law. Ten­ants in free socage. Glanv. lib. 3, c 7; 2 Bl. Comm. 79.
SOCMANRY. Free tenure by socage.
SOCNA. A privilege, liberty, or fran­chise. Cowell.
SOCOME. A custom of grinding corn at the lord's mill. Cowell. Bond-socome is where the tenants are bound to it Blount
SODOMITE. One who has been guilty of sodomy.
SODOMY. In criminal law. The crime of unnatural sexual connection; so named from its prevalence in Sodom. See Gene­sis, xix.
This term is often defined in statutes and judicial decisions as meaning "the crime against nature," the "crimen innominatum," or as car­nal copulation, against the order of nature, by man with man, or, in the same unnatural manner, with woman or with a beast. See Cr. Code Ga. § 4352; Honselman v. People, 168 111. 172, 48 N. E. 304. But, strictly speaking, it should be used only as equivalent to "pederas­ty," that is, the sexual act as performed by a man upon the person of another man or a boy by penetration of the anus. See Ausman v. Veal, 10 Ind. 355, 71 Am. Dec. 331. The term might also, without any great violence to its original meaning, be so extended as to cover the same act when performed in the same man­ner by a man upon the person of a woman. Another possible method of unilateral sexual connection, by penetration of the mouth (penem in orem alii immittere, vel penem alii in orem recipere) is not properly called "sodomy," but "fellation." That this does not constitute sodo­my within the meaning of a statute is held in Harvey v. State, 55 Tex Cr. App. 199, 115 S. W. 1193; Com. v. Poindexter (Ky.) 118 S. W. 943 ; Lewis v. State, 36 Tex. Cr. R. 37, 35 S. W. 372, 6J Am. St. Rep. 831. On the other band "bestiality is the carnal copulation of a human being with a brute, or animal of the sub-human orders, of the opposite sex. It is not identical with sodomy, nor is it a form of sod­omy, though the two terms are often confused in legal writings and sometimes in statutes. See Ausman v. Veal, 10 Ind. 355, 71 Am. Dec. 331. Buggery is a term rarely used in stat­utes, but apparently including both sodomy ,1n the widest sense) and bestiality as above de­fined. See Ausman v. Veal, 10 Ind. 355, 71 Am. Dec. 331; Com. v. J., 21 Pa. Co. Ct R. 625.


SOIL. The surface, or surface-covering of the land, not including minerals beneath it or grass or plants growing upon it But in a wider (and more usual) sense, the term is equivalent to "land," and includes all that is below, upon, or above the surface.
SOIT. Fr. Let it be; be it so. A term used in several Law-French phrases employ­ed in English law, particularly as expressive of the will or assent of the sovereign in form­al communications with parliament or with private suitors.
—Soit baile anz commons. Let it be de­livered to the commons. The form of indorse­ment on a bill when sent to the house of com­mons. Dyer, 93a.—Soit baile anx seigneurs. Let it be delivered to the lords. The form of indorsement bn a bill in parliament when sent to the house of lords. Hob. Ilia.—Soit droit fait al partie. In English law. Let right be done to the party. A phrase written on a peti­tion of right, and subscribed by the king.—Soit fait oomme il est desire. Let it be as it is desired. The royal assent to private acts of parliament.
SOJOURNING. This term means some­thing more than "traveling," and applies to a temporary, as contradistinguished from a permanent, residence. Henry v. Ball, 1 Wheat 5, 4 L. Ed. 21.
SOKE-REEVE. The lord's rent gather­er in the soca. Oowell.
SOKEMANRIES. Lands and tenements which were not held by knight-service, nor by grand serjeanty, nor by petit but by simple services; being, as it were, lands en­franchised by the king or his predecessors from their ancient demesne. Their tenants were aokemans. Wharton.
SOKEMANS. In English law. Those who held their lands in socage. 2 Bl. Comm. 100.
Sola ae per se senectns donationem testamentum ant transactionem non vi-tiat. Old.age does not alone and of itself vitiate a will or gift Van Alst v. Hunter, 5 Johns. Ch. (N. Y.) 148, 158.
SOLAR. In Spanish law. Land; the demesne, with a house, situate in a strong or fortified place. White, New Recop. b. 1, tit 5, c 3, f 2.
SOLAR DAT. That period of time which begins at sunrise and ends at sunset Co: Litt 135a.
SOLAR MONTH. A calendar month. See Month.
SOLARIUM. Lat In the civil law. A rent paid for the ground, where a person built on the public land. A ground rent Spelman; Calvin.
SOLATIUM. Compensation. Damages allowed for injury to the feelings.
SOLD NOTE. A note given by a broker, who has effected a sale of merchandise, to the buyer, stating the fact of sale, quantity, price, etc. Story, Ag. § 28; Saladin t. Mit­chell, 45 111. 83.
SOLDIER. A military man; a private in the army.
SOLE. Single; individual; separate; the opposite of joint; as' a sole tenant.
Comprising only one person; the opposite of aggregate; as a sole corporation.
Unmarried; as a feme sole. See the nouns.
SOLEMN. Formal; in regular form; with all the forms of a proceeding. As to solemn "Form," see Pbobate. As to solemn "Oath" and "War," see the nouns.
In the civil law. Solemn forms of laws; forms of forensic proceedings and of trans­acting legal acts. One of the sources of the unwritten law of Rome. Butl. Hor. Jur. 47.
RUM. In old English practice. Solemnity or formality of attachments. The issuing of attachments in a certain formal and regular order. Bract fols. 439, 440; 1 Reeve, Eng. Law, 48a
Solemnitates juris sunt observandse.
The solemnities of law are to be observed. Jenk. Cent 13.
SOLEMNITY. A rite or ceremony; the formality established by law to render a con­tract, agreement or other act valid.
SOLEMNIZE. To solemnize, spoken of a marriage, means no more than to enter in­to a marriage contract with due publication, before third persons, for the purpose of giv­ing it notoriety and certainty; which may be before any persons, relatives, friends, or strangers, competent to testify to the facts. See Dyer v. Brannock, 66 Mo. 410, 27 Am. Rep. 359; Pearson v. Howey, 11 N. J. Law, 19; Bowman v. Bowman, 24 111. App. 172.
SOLICITATION. Asking; enticing; ur­gent request. Thus "solicitation of chasti­ty" is the asking or urging a woman to surrender her chastity. The word is also used in such phrases as "solicitation to lar­ceny/' to bribery, etc.
SOLICITOR. In English law. A legal practitioner in the court of chancery. The words "solicitor" and "attorney" are com­monly used indiscriminately, although they are not precisely the same, an attorney being a practitioner in the courts of common law, a solicitor a practitioner in the courts of eq-


uity. Most attorneys take out a certificate to practice In the courts of chancery, and therefore become solicitors also, and, on the other hand, most, if not all, solicitors take out a certificate to practice in the courts of common law, and therefore become attorneys also. Brown.
—Solicitor general. In English law. One of the principal law officers of the crown, associat­ed in his duties with the attorney general, hold­ing office by patent during the pleasure of the sovereign, and having a right of preaudience in the courts. 3 Bl. Comm. 27. In American law, an officer of the department of justice, next in rank and authority to the attorney general, whose principal assistant he is. His chief func­tion is to represent the United States in all cases in the supreme court and the court of claims in which the government is interested or to which it is a party, and to discharge the duties of the attorney general in the absence or disability of that officer or when there is a vacancy in the office. Rev. St. U. S. §§ 347, 359 (U. S. Comp. St. 1901, pp. 202, 207).—Solici­tor of the supreme court. The solicitors be­fore the supreme courts, in Scotland, are a body of solicitors entitled to practice in the court of session, etc. Their charter of incorporation bears date August 10, 1797.—Solicitor of the treasury. An officer of the United States at­tached to the department of justice, having gen­eral charge of the law business appertaining to the treasury.—Solicitor to the suitors' fund. An officer of the English court of chan­cery, who is appointed in certain cases guardian ad litem.
SOLIDARY. A term of civil-law origin, signifying that the right or interest spoken of is joint or common. A "solidary obliga­tion" corresponds to a "joint and several" obligation in the common law; that is, one for which several debtors are bound in such wise that each is liable for the entire amount, and not merely for his proportionate share. But in the civil law the term also includes the case where there are several creditors, as against a common debtor, each of whom is entitled to receive the entire debt and give an acquittance for it
SOLIDUM. Lat. In the civil law. A whole; an entire or undivided thing.
SOLIDUS LEGALIS. A coin equal to 13s. 4d. of the present standard. 4 Steph. 'Comm. 119n. Originally the "solidus" was a gold coin of the Byzantine Empire, but in medieval times the term was applied to several varieties of coins, or as descriptive of a money of account, and is supposed to be the root from which "shilling" is derived.
SOLINUM. In old English law. Two plow-lands, and somewhat less than a half. Co. Litt 5a.
Solo cedit quod solo insediflcatur. That which is built upon the soil belongs to the soil. The proprietor of the soil becomes also proprietor of the building erected upon it. Mackeld. Rom. Law, § 275.
Solo cedit quod solo implantatur. That which is planted in the soil belongs to the
soil. The proprietor of the soil becomes also the proprietor of the seed, the plant, and the tree, as soon as these have taken root. Mackeld. Rom. Law, § 275.
SOLUM PROVINCIALE. Lat In Ro­man law. The solum italicum (an extension of the old Ager Romanus) admitted full own­ership, and of the application to it of usii' capio; whereas the solum provinciale (an ex­tension of the old Ager PuUicus) admitted of a possessory title only, and of longi temporis possessio only. Justinian abolished all dis­tinctions between the two, sinking the itali­cum to the level of the provinciale. Brown.
Solum rex hoc non facere potest, quod lion potest injuste agere. 11 Coke, 72. This alone the king cannot do, he cannot act unjustly.
Solus Deus facit hseredem, non homo. Co. Litt 5. God alone makes the heir, not man.
SOLUTIO. Lat In civil law. Pay­ment, satisfaction, or release; any species of discharge of an obligation accepted as satis­factory by the creditor. The term refers not so much to the counting out of money as to the substance of the obligation. Dig. 46, 3, 54; Id. 50, 16, 176.
—Solutio indebiti. In the civil law. Pay­ment of what was not due. From the payment of what was not due arises an obligation quasi ex contractu. When one has erroneously given or performed something to or for another, for which he was in no wise bound, he may rede-mand it, as if he had only lent it The term "solutio indeoiti" is here used in a very wide sense, and includes also the case where one per­formed labor for another, or assumed to pay a debt for which he was not bound, or relinquish­ed a right or released a debt, under the impres­sion that he was legally bound to do so. Mack­eld. Rom. Law, § 500.
Solutio pretii emptionis loco habetur.
The payment of the price [of a thing] is held to be in place of a purchase, [operates as a purchase.] Jenk. Cent p. 56, case 2; 2 Kent Comm. 387.
SOLUTIONE FEODI MILITIS PAR­LIAMENTS, or FEODI BURGENSIS PARLIAMENTI. Old writs whereby knights of the shire and burgesses might have recovered their wages or allowance if it had been refused. 35 Hen. VIII. c. 11.
SOLTJTUS. In the civil law. Loosed; freed from confinement; set at liberty. Dig. 50, 16, 48.
In Scotch practice. Purged. A term used in old depositions.
SOLVABILITE. Ft. In French law. Ability to pay; solvency. Emerig. TraitS des Assur. c 8, § 15.


SOLVENCY. Ability to pay; present ability to pay; ability to pay one's debts out of one's own present means. Marsh .v. Dunckel, 25 Hun (N. Y.) 169; Osborne v. Smith (C. C.) 18 Fed. 130; Larkin v. Hap-good, 56 Vt. 601; Sterrett v. Third Nat Bank, 46 Hun (N. Y.) 26; Reid v. Lloyd, 52 Mo. App. 2S2.
SOLVENDO. Lat. Paying. An apt word of reserving a rent in old conveyances. Co. Litt. 47a.
SOLVENDO ESSE. Lat. To be In a state of solvency; i. e., able to pay.
Solvendo esse nemo intelligitur nisi qui solidum potest solvere. No one is con­sidered to be solvent unless he can pay all that he owes. Dig. 50, 16, 114.
SOLVENT. A solvent person is one who is able to pay all his just debts in full out of his own present means. See Dig. 50, 16, 114. And see Solvency.
SOLVERE. Lat. To pay; to comply with one's engagement; to do what one has undertaken to do; to release one's self from obligation, as by payment of a debt. Calvin. —Solvere poenas. To pay the penalty.
SOLVIT. Lat He paid; paid. 10 East,
—Solvit ad diem. He paid at the day. The technical name of the plea, in an action of debt on bond, that the defendant paid the money on the day mentioned in the condition. 1 Archb. N. P. 220, 221.—Solvit ante diem. A plea that the money was paid before the day appoint­ed.—Solvit post diem. He paid after the day. The plea in an action of debt on bond that the defendant paid the money after the day named for the payment, and before the commencement of the suit. 1 Archb. N. P. 222.
Solvitur aclinic societas etiam morte socii. A partnership is moreover dissolved by the death of a partner. Inst. 3, 26, 5; Dig. 17, 2.
Solvitur eo ligamine quo ligatur. In
the same manner that a thing is bound it Is unloosed. Livingston v. Lynch, 4 Johns. Ch. (N. Y.) 582.
SOMERSETT'S CASE. A celebrated de­cision of the English king's bench, in 1771, (20 How. St. Tr. 1,) that slavery no longer existed in England in any form, and could not for the future exist on English soil, and that any person brought into England as a slave could not be thence removed except by the legal means applicable in the case of any free-born person.
SOMMATION. In French law. A de­mand served by a huissier, by which one party calls upon another to do or not to do a
certain thing. This document laas for its object to establish that upon a certain date the demand was made. Arg. Fr. Merc. Law, 574.
SOMNAMBULISM. Sleep-walking. Whether this condition is anything more than a co-operation of the voluntary muscles with the thoughts which occupy the mind during sleep is not settled by physiologists. Whar­ton.
SOMPNOUR. In ecclesiastical law, an officer of the ecclesiastical courts whose duty was to serve citations or process.
SON. An immediate male descendant; the correlative of "father." Technically a word of purchase, unless explained. Its meaning may be extended by construction to include more remote descendants, such as a grand­child, and also to include an illegitimate male child, though the presumption is against this. See Flora v. Anderson (C. C.) 67 Fed. 185; Lind v. Burke, 56 Neb. 785, 77 N. W. 444; Yarnall's Appeal, 70 Pa. 341; Jamison v. Hay, 46 Mo. 548; Phipps v. Mulgrave, 5 Term, 323.
SON. Fr. His. Her. See Civ. Code La. art. 3522.
—Son. assault demesne. His own assault. A plea which occurs in the actions of trespass and trespass on the case, by which the defendant alleges that it was the plaintiff's own original assault that occasioned the trespass for which he has brought the action, and that what the defendant did was merely in his own defense. Steph. PI. 186.
SON-IN-LAW. The husband of one's daughter.
SONTAGE. A tax of forty shillings an­ciently laid upon every knight's fee. Cowell.
SONTICUS. Lat. In the civil law. Hurt­ful; injurious; hindering; excusing or jus­tifying delay. Morbus sonticus is any illness of so serious a nature as to prevent a de­fendant from appearing in court and to give him a valid excuse. Calvin.
SOON. If there is no time specified for the performance of an act, or if it is speci­fied that it is to be performed soon, the law implies that it is to be performed within a reasonable time. Sanford v. Shephard, 14 Kan. 232.
SOREHON, or SORN. An arbitrary ex­action, formerly existing in Scotland and Ireland. Whenever a chieftain had a mi-nd to revel, he came down among the tenants with his followers, by way of contempt called "Gilliicitfitts," and lived on free quarters. Wharton; Bell.
SORNER. In Scotch law. A person who takes meat and drink from others by force or menaces, without paying for it. Bell.


SOROR. Lat In the civil law. Sister; a sister. Inst. 3, 6, 1.
SORORICIDE. The killing or murder of a sister; one who murders his sister. This is not a technical term of the law.
SORS. Lat. In the civil law. Lot; chance; fortune; hazard; a lot, made of wood, gold, or other material. Money bor­rowed, or put out at interest. A principal sum or fund, such as the capital of a part­nership. Ainsworth; Calvin.
In old English law. A principal lent on interest, as distinguished from the inter­est itself.
A thing recovered in action, as distin­guished from the costs of the action.
SORTITIO. Lat In the civil law. A drawing of lqts. Sortitio judicum was the process of selecting a number of judges, for a criminal trial, by drawing lots.
SOUGH. In English law. A drain or water-course. The channels or water-courses used for draining mines are so termed; and those mines which are near to any given sough, and lie within the same level, and are benefited by it, are technically said to lie within the title of that sough. 5 Mees. & W. 228; Brown.
SOTJIj SCOT. A mortuary, or customary gift due ministers, in many parishes of Eng­land, on the death of parishioners. It was originally voluntary and intended as amends for ecclesiastical dues neglected to be paid in the life-time. 2 Bl. Comm. 425.
SOUND, v. To have reference or relation to; to aim at. An action is technically said to sound in damages where it is brought not for the specific recovery of a thing, but for damages only. Steph. PI. 105.
SOUND, adj. Whole; In good condition; marketable. So used in warranties of chat­tels. See Brown v. Bigelow, 10 Allen (Mass.) 242; Hawkins v. Pemberton, 35 How. Prac (N. Y.) 383; Woodbury v. Robbins, 10 Cush. (Mass.) 522.
—Sound and disposing mind and memory.
This phrase is often used in the law of wills, to signify testamentary capacity.—Sound mind. This term denotes the normal condition of the human mind,—that state in which its fac­ulties of perception and judgment are ordinari­ly well developed, and not impaired by mania, insanity, or dementia. See Daly v. Daly, 183 111. 269, 55 N. E. 671; Delafield v. Parish, 25 N. Y. 102; Wilson v. Mitchell, 101 Pa. 495; Spratt v. Spratt, 76 Mich. 384, 43 N. W. 627; Whitney v. Twombly, 136 Mass. 147; Harrison v. Rowan, 11 Fed. Oas. 661; Yoe v. McCord, 74 111. 37.
SOUNDING IN DAMAGES. When an action is brought, not for the recovery of lands, goods, or sums of money, (as is the
case in real or mixed actions or the personal action of debt or detinue,) but for damages only, as in covenant, trespass, etc., the action is said to be "sounding in damages." Steph. PI. 116. See Collins v. Greene, 67 Ala. 211; Rosser v. Bunn, 66 Ala. 93.
SOUNDNESS. General health; freedom from any permanent disease. 1 Car. & M. 291.
SOURCES OF THE LAW. The origins from which particular positive laws derive their authority and coercive force. Such are constitutions, treaties, statutes, usages, and customs.
In another sense, the authoritative or re­liable works, records, documents, edicts, etc., to which we are to look for an understand­ing of what constitutes the law. Such, for example, with reference to the Roman law, are the compilations of Justinian and the treatise of Gaius; and such, with reference to the common law, are especially the an­cient reports and the works of such writers as Bracton, Littleton, Coke, "Fleta," and others.
SOUS SEING PRIVE. Fr. In French law. Under private signature; under the private signature of the parties. A contract or instrument thus signed is distinguished from an "authentic act," which is formally concluded before a notary or judge. Civil Code La. art. 2240.
SOUTH. L. Ft. Under. Bendloe, 33.
SOUTH SEA FUND. The produce of the taxes appropriated to pay the interest of such part of the English national debt as was advanced by the South Sea Company and its annuitants. The holders of South Sea an­nuities have been paid off, or have received other stock in lieu thereof. 2 Steph. Comm. 578.
SOVEREIGN. A chief ruler with su­preme power; a king or other ruler with lim­ited power.
In English law. A gold coin of Great Britain, of the value of a pound sterling.
—Sovereign people. A term familiarly used to describe the political body, consisting of the entire number of citizens and qualified electors, who, in their collegiate capacity, possess the powers of sovereignty and exercise them through their chosen representatives. See Scott v. Sand-ford, 19 How. 404, 15 L. Ed. 691.—Sovereign power. That power in a state to which none other is superior or equal, and which includes all the specific powers which are necessary to accomplish the legitimate ends and purposes of government See Boggs v. Merced Min. Co., 14 Cal. 309; Donnelly v. Decker, 58 Wis. 461, 17 N. W. 389, 46 Am. Rep. 637; Com. v. Alger, 7 Cush. (Mass.) 81.—Sovereign right. A right which the state alone, or some of its governmen­tal agencies, can possess, and which it possesses in the character of a sovereign, for the common benefit, and to enable it to carry out its proper functions; distinguished from such "proprieta-


ry" rights as a state, like any private # person, may have in property or demands which it owns. See St. Paul v. Chicago, etc., R. Co., 45 Minn. 387, 48 N. W. 17.—Sovereign states. States whose subjects or citizens are in the habit of obedience to them, and which are not them­selves subject to any other (or paramount) state in any respect. The state is said to be semi-sovereign only, and not sovereign, when in any respect or respects it is liable to be controlled (like certain of the states in India) by a para­mount government, (e. g., by the British empire.) Brown. "In the intercourse of nations, certain states have a position of entire independence of others, and can perform all those acts which it is possible for any state to perform in this par­ticular sphere. These same states have also entire power of self-government; that is, of in­dependence upon all other states as far as their own territory and citizens not living abroad are concerned. No foreign power or law can have control except by convention. This power of independent action in external and internal re­lations constitutes complete sovereignty." Wools. Pol. Science, I. 204.
SOVEREIGNTY. The possession of sovereign power; supreme political author­ity; paramount control of the constitution and frame of government and its administra­tion; the self-sufficient source of political power, from which all specific political pow­ers are derived; the international independ­ence of a state, combined with the right and power of regulating its internal affairs with­out foreign dictation; also a political society, or state, which is sovereign and independent See Chisholm v. Georgia, 2 Dall. 455, 1 L. Ed. 440; Union Bank v. Hill, 3 Cold. (Tenn.) 325; Moore v. Shaw, 17 Cal. 218, 79 Am. Dec. 123.
"The freedom of the nation has its correlate in the sovereignty of the nation. Political sovereignty is the assertion of the self-determi­nate will of the organic people, and in this there is the manifestation of its freedom. It is in and through the determination of its sovereign­ty that the order of the nation is constituted and maintained." Mulford, Nation, p. 129.
"If a determinate human superior, not in a habit of obedience to a like superior, receive habitual obedience from the bulk of a given so­ciety, that determinate superior is sovereign in that society, and the society (including the su­perior) is a society political and independent." Aust. Jur.
SOVERTIE. In old Scotch law. Surety. Skene.
SOWLE6ROVE. February; so called in South Wales. Cowell.
Scotch law. Terms used to express the form by which the number of cattle brought upon a common by those having a servitude of pasturage may be justly proportioned to the rights of the different persons possessed of the servitude. Bell.
SOWNE. In old English law. To be
leviable. An old exchequer term applied to
sheriff's returns. 4 Inst. 107; Cowell; Spel-
SPADARHTS. Lat A sword-bearer. Blount
SPADONES. Lat In the civil law. Im­potent persons. Those who, on account of their temperament or some accident they have suffered, are unable to procreate. Inst 1, 11, 9; Dig. 1, 7, 2, 1.
SPARSIM. Lat Here and there; scat­tered; at intervals. For instance, trespass to realty by cutting timber sparsim (here and there) through a tract
SPAT.X PLACITUM. In old English law. A court for the speedy execution of justice upon military delinquents. Cowell.
SPEAK. In practice. To argue. "The case was ordered to be spoke to again." 10 Mod. 107. See Imparlance; Speaking with Peosecutob.
SPEAKER. This is the official designa­tion of the president or chairman of certain legislative bodies, particularly of the house of representatives in the congress of the United States, of one or both branches of several of the state legislatures, and of the two houses of the British parliament
The term "speaker," as used in reference to either of the houses* of parliament, signi­fies the functionary acting as chairman. In the commons his duties are to put questions, to preserve order, and to see that the privi­leges of the house are not infringed; and, in the event of the numbers being even on a division, he has the privilege of giving the casting vote. The speaker of the lords is the lord chancellor or the lord keeper of the great seal of England, or, if he be absent, the lords may choose their own speaker. The duties of the speaker of the lords are principally confined to putting questions, and the lord chancellor has no more to do with preserving order than any other peer. Brown.
method of compounding an offense, allowed in the English practice, where the court per­mits a defendant convicted of a misdemeanor to speak with the prosecutor before judg­ment is pronounced; if the prosecutor de­clares himself satisfied, the court may in­flict a trivial punishment. 4 Steph. Comm. 261.
SPECIAL. Relating to or designating a species, kind, or sort; designed for a particu­lar purpose; confined to a particular pur-


pose, object, person, or class. The opposite of "general."
—Special act. A private statute; an act which operates only upon particular persons or private concerns. 1 Bl. Comm. 86; Unity v. Burrage, 103 U. S. 454, 26 L. Ed. 405.—Spe­cial case. In English practice. When a trial at nisi prtua appears to the judge to turn on a point of law, the jury may find a general ver­dict, subject to the opinion of the court above, upon what is termed a "special case" to be made; that is, upon a written statement of all the facts of the case drawn up for the opinion of the court in banc, by the counsel and attor­neys on either side, under correction of the judge at nisi prius. The party for whom the general verdict is so given is in such case not entitled to judgment till the court in banc has decided on the special case; and, according to the result of that decision, the verdict is ulti­mately entered either for him or his adversary. Brown.—Special claim. In English law. A claim not enumerated in the orders of April 22, 1850, which required the leave of the court of chancery to file it. Such claims are abolished. —Special commission. In English law. An extraordinary commission of oyer and terminer and gaol delivery, issued by the crown to the judges when it is necessary that offenses should be immediately tried and punished. Wharton. —Special errors. Special pleas in error are such as, instead of joining in error, allege some extraneous matter as a ground,of defeating the writ of error, e. g., a release of errors, expira­tion of the time within which error might be brought, or the like. To these, the plaintiff in error may either reply or demur.—Special matter. Under a plea of the general issue, the defendant is allowed to give special matter in evidence, usually after notice to the plaintiff of the nature of such*matter, thus sparing him the necessity of pleading it specially. 3 Bl. Comm. 306.—Special paper. A list kept in the English courts of common law, and now in the king's bench, common pleas, and exchequer divisions of the high court, in which list demur­rers, special cases, etc., to be argued are set down. It is distinguished from the new trial paper, peremptory paper, crown paper, revenue paper, etc., according to the practice of the par­ticular division. Wharton.
As to special "Acceptance," "Administra­tion," "Agent," "Allocatur," "Allowances," "Assessment," "Assumpsit," "Bail," "Bailiff," "Bastard," "Benefit," "Calendar," "Charge," "Constable," "Contract," "Count," "Cove­nant," "Custom," "Damage," "Demurrer," "Deposit," "Deputy," "Election," "Examin­er," "Executor," "Finding," "Guaranty," "Guardian," "Imparlance," "Indorsement," "Indorsement of Writ," "Injunction," "In­surance," "Issue," "Jurisdiction," "Jury," "Law," "Legacy," "Letter of Credit," "Li­cense," "Lien," "Limitation," "Malice," "Mas­ter," "Meeting," "Mortgage," "Motion," "Non Est Factum," "Occupant," "Owner," "Part­ner," "Partnership," "Plea," "Pleader," "Pleading," "Power," "Privilege," "Proceed­ing," "Property," "Request," "Replication," "Restraint of Trade," "Retainer," "Rule," "Service," "Sessions," "Statute," "Stock," "Tail," "Term," "Terms," "Traverse," "Trust," "Verdict," and "Warranty," see those titles.
Specialise generalilras derogaat. Spe­cial words derogate from general words. A
special provision as to a particular subject-matter is to be preferred to general lan­guage, which might have governed in the absence of such special provision. L R. 1 C. P7 546.
SPECIALTY. A writing sealed and de­livered, containing some agreement. A writ­ing sealed and delivered, which is given as a security for the payment of a debt, in which such debt is particularly specified. Bac. Abr. "Obligation," A.
A specialty is a contract under seal, and is considered by law as entered into with more solemnity, and, consequently, of higher dignity than ordinary simple contracts. Code Ga. 1882, § 2717.
—Specialty debt. A debt due or acknowledg­ed to be due by deed or instrument under seal. 2 Bl. Comm. 465.
SPECIE. 1. Coin of the precious met­als, of a certain weight and fineness, and bearing the stamp of the government, de­noting its value as currency. Trebilcock v. Wilson, 12 Wall. 695, 20 L. Ed. 460; Walkup v. Houston, 65 N. C. 501; Henry v. Bank of Salina, 5 Hill (N. Y.) 536.
2. When spoken of a contract, the ex­pression "performance in specie" means strictly, or according to the exact terms. As applied to things, it signifies individuality or identity. Thus, on a bequest of a specific picture, the legatee would he said to be en­titled to the delivery of the picture in specie; i. e., of the very thing. Whether a thing is due in genere or in specie depends, in each case, on the will of the transacting parties. Brown.
SPECIES. Lat. In the civil law. Form; figure; fashion or shape. A form or shape given to materials.
A particular thing; as distinguished from "genus."
—Species facti. In Scotch law. The particu­lar criminal act charged against a person.
SPECIFIC. Having a certain form or designation; observing a certain form; par­ticular; precise.
As to specific "Denial," "Devise," "Leg­acy," and "Performance," see those titles.
SPECIFICATION Lat In the civil law. Literally, a making of form; a giving of form to materials. That mode of acquiring property through which a person, by trans­forming a thing belonging to another, es­pecially by working up his materials into a new species, becomes proprietor of the same. Mackeld. Rom. Law, § 271.
SPECIFICATION. As used in the la* relating to patents and in building contracts, the term denotes a particular or detailed statement of the various elements involved.


Gilbert v. U. S., 1 Ct. CI. 34; State v. Ken­dall, 15 Neb. 262, 18 N. W. 85; Wilson y. Coon (C. C.) 6 Fed. 614.
In military law. The clear and particu­lar description of the charges preferred against a person accused of a military of­fense. Tytler, Mil. Law, 109; Carter v, Mc-Claughry, 183 U. S. 365, 22 Sup. Ct 181, 46 L. EM. 236.
In the law of personal property. The acquisition of title to a thing by working it into new forms or species from the raw ma­terial; corresponding to the specificatio of the Roman law. See Lampton v. Preston, 1 J. J. Marsh. (Ky.) 462, 19 Am. Dec. 104.
In practice. A detailed and particular enumeration of several points or matters urged or relied on by a party to a suit or proceeding; as, a "specification of errors," or a "specification of grounds of opposition to a bankrupt's discharge." See Railway Co. v. McArthur, 96 Tex. 65, 70 S. W. 317; In re Glass (D. 0.) 119 Fed. 514.
SPECIMEN. A sample; a part of some­thing intended to exhibit the kind and quali­ty of the whole. People v. Freeman, 1 Idaho, 322.
SPECULATION. In commerce. The act or practice of buying lands, goods, etc., in expectation of a rise of price and of selling them at an advance, as distinguished from a regular trade, In which the profit expected is the difference between the retail and whole­sale prices, or the difference of price In the place where the goods are purchased, and the place where they are to be carried for market. Webster. See Maxwell v. Burns (Tenn. Ch. App.) 59 S. W. 1067; U. S. v. Detroit Timber & Lumber Co. (C. C) 124 Fed. 393.
SPECULUM. Lat Mirror or looking-glass. The title of several of the most an­cient law-books or compilations. One of the Ancient Icelandic books Is styled "Speculum Regale."
SPEEDY EXECUTION. An execution which, by the direction of the judge at nisi prius, issues forthwith, or on some early day fixed upon by the judge for that pur­pose after the trial of the action. Brown.
SPEEDY TRIAL. In criminal law. As secured by constitutional guaranties, a speedy trial means a trial conducted according to fixed rules, regulations, and proceedings of law, free from vexatious, capricious, and op­pressive delays manufactured by the minis­ters of justice. See People v. Hall, 51 App. Div. 57, 64 N. T. Supp. 433; Nixon v. State, 2 Smedes & M. (Miss.) 507, 41 Am. Dec. 601;
Cummins v. People, 4 Colo. App. 71, 34 Pac. 734; Benton v. Com., 91 Va. 782, 21 S. E. 495.
SPELLING. The formation of words by letters; orthography. Incorrect spelling does not vitiate a written instrument If the in­tention clearly appears.
SPENDTHRIFT. A person who by ex­cessive drinking, gaming, Idleness, or de­bauchery of any kind shall so spend, waste, or lessen his estate as to expose himself or his family to want or suffering, or expose the town to charge or expense for the support of himself or family. Rev. St. Vt c 65, § 9; Appeal of Morey, 57 N. H. 54.
The word "spendthrift," In all the provi­sions relating to guardians and wards, con­tained in this or any other statute, is in­tended to include every person who is liable to be put under guardianship, on account of excessive drinking, gaming, idleness, or de­bauchery. How. St. Mich. 1882, § 6340.
—Spendthrift trust. A term commonly ap­plied to those trusts which are created with a view of providing a fund for the maintenance of another, and at the same time securing it against his improvidence or incapacity for his protection. Provisions against alienation of the trust fund by the voluntary act of the beneficia­ry or by his creditors are the usual incidents. Bennett v. Bennett, 66 111. App. 28; Guernsey v. Lazear, 51 W. Va. 328, 41 S. B. 405.
SPERATE. That of which there is hope. Thus a debt which one may hope to recover may be called "sperate," In opposition to "desperate." See 1 Chit Pr. 520.
SPES ACCRESCENDI. Lat Hope of surviving. 3 Atk. 762; 2 Kent, Comm. 424.
Spes est vigilantis sonminm. Hope is the dream of the vigilant 4 Inst 203.
Spes impunitatis continuum affectum tribuit delinqnendi. The hope of Impu­nity holds out a continual temptation to crime. 3 Inst 236.
SPES RECUPERANDI. Lat. The hope of recovery or recapture; the chance of re­taking property captured at sea, which pre­vents the captors from acquiring complete ownership of the property until they /have definitely precluded it by effectual measures. 1 Kent, Comm. 101.
SPIGURNEL. The sealer of the royal writs.
SPINSTER. The addition given, In legal proceedings, and in conveyancing, to a wo­man who never has been married.
SPIRITUAL. Relating to religious or ecclesiastical persons or affairs, as distin­guished from "secular" or lay, worldly, or business matters.
As to spiritual "Corporation," "Courts," and "Lords," see those titles.


Those profits which a bishop receives in his ecclesiastical character, as the dues arising from his ordaining and instituting priests, and such like, in contradistinction to those profits which he acquires in his temporal ca­pacity as a baron and lord of parliament, and which are termed his "temporalities," consisting of certain lands, revenues, and lay fees, etc. Cowell.
ecclesiastical law. The tithes of land, etc. Wharton.
SPIRITUOUS LIQUORS. These are in­flammable liquids produced by distillation, and forming an article of commerce. See Blankenship v. State, 93 Ga. 814, 21 S. E. 130; State v. Munger, 15 Vt. 293; Allred v. State, 89 Ala. 112, 8 South. 56; Clifford v. State, 29 Wis. 329.
The phrase "spirituous liquor," in a penal statute, cannot be extended beyond its exact lit­eral sense. Spirit is the name of an inflamma­ble liquor produced by distillation. Wine is the fermented juice of the grape, or a prepara­tion of other vegetables by fermentation; hence the term does not include wine. State v. Moore, 5 Blackf. (Ind.) 118.
SPITAL, or SPITTLE. A charitable foundation; a hospital for diseased people; a hospital. Cowell.
Dividing a single cause of action, claim, or demand into two or more parts, and bring­ing suit for one of such parts only, intending to reserve the rest for a separate action. The plaintiff who does this is bound by his first judgment, and can recover no more. 2 Black, Judgm. § 734.
SPOLIATION. In English ecclesias­tical law. An injury done by one clerk or incumbent to another, in taking the fruits of his benefice without any right to them, but under a pretended title. 3 Bl. Comm. 90, 91.
The name of a suit sued out in the spirit­ual court to recover for the fruits of the church or for the church itself. Fitzh. Nat. Brev. 85.
In torts. Destruction of a thing by the act of a stranger, as the erasure or altera­tion of a writing by the act of a stranger, is called "spoliation." This has not the effect to destroy its character or legal effect. 1 Greenl. Ev. § 566; Medlin v. Piatt County, 8 Mo. 239, 40 Am. Dec. 135; Crockett v. Thomason, 5 Sneed (Tenn.) 344.
SPOLIATOR. Lat. A spoiler or de­stroyer. It is a maxim of law, bearing chiefly on evidence, but also upon the value generally of the thing destroyed, that every­thing most to his disadvantage is to be pre­sumed against the destroyer, (spoliator,)
contra spoliatorem omnia prcesumuntur. 1 Smith, Lead. Cas. 315.
Spoliatns debet ante omnia restitni.
A party despoiled [forcibly deprived of pos­session] ought first of all to be restored. 3 Inst 714; 4 Reeve, Eng. Law, 18.
SPOLIUM. Lat. In the civil and com­mon law. A thing violently or unlawfully taken from another.
SPONDEO. Lat In the civil law. I undertake; I engage. Inst 3, 16, 1.
undertake? I do undertake. The most com­mon form of verbal stipulation in the Roman law. Inst 3, 16, 1.
Spondet peritiam artis. He promises the skill of his art; he engages to do the work in a skillful or workmanlike manner. 2 Kent, Comm. 588. Applied to the engage­ments of workmen for hire. Story, Bailm. I 428.
SPONSALIA, STIPULATIO SPONSA-LITIA. Lat In the civil law. Espousal; betrothal; a reciprocal promise of future marriage.
SPONSIO. Lat In the civil law. An engagement or undertaking; particularly such as was made in the form of an answer to a formal interrogatory by the other party. Calvin.
An engagement to pay a certain sum of money to the successful party in a cause. Calvin.
—Sponsio jndicialis. In Roman law. A ju­dicial wager corresponding in some respects to the "feigned issue" of modern practice.—Spon­sio lndicra. A trifling or ludicrous engage­ment, such as a court will not sustain an ac­tion for. 1 Karnes, Eq. Introd. 34. An inform­al undertaking, or one made without the usual formula of interrogation. Calvin.
SPONSIONS. In International law. Agreements or engagements made by certain public officers (as generals or admirals in time of war) in behalf of their governments, either without authority 'or in excess of the authority under which they purport to be made, and which therefore require an express or tacit ratification.
SPONSOR. A surety; one who makes a promise or gives security for another, partic­ularly a godfather in baptism.
In the civil law. One who intervenes for another voluntarily and without being re­quested.
SPONTE OBLATA. Lat A free gift or present to the crown.
Sponte virum mnlier fugiens et adul-tera facta, dote sua careat, nisi sponsi sponte retraota. Co. Litt 32o. Let a


woman leaving her husband of her own ac­cord, and committing adultery, lose her dow­er, unless taken back by her husband of his own accord.
SPORTULA. Lat In Roman law. A largess, dole, or present; a pecuniary dona­tion; an official perquisite; something over and above the ordinary fee allowed by law. Inst. 4, 6, 24.
SPOUSALS. In old English law. Mutual promises to marry.
SPOUSE-BREACH. In old English law. Adultery. Cowell.
SPRING. A fountain of water; an issue of water from the earth, or the basin of wa­ter at the place of its issue. Webster. A natural chasm in which water has collected, and from which it either is lost by percola­tion or rises in a defined channel. Furner v. Seabury, 135 N. Y. 50, 31 N. E. 1004; Blood-good v. Ayers, 108 N. Y. 405, 15 N. E. 433, 2 Am. St Rep. 443; Proprietors of Mills v. Braintree Water Supply Co., 149 Mass. 478, 21 N. E. 761, 4 L. R. A. 272.
—Spring-branch. In American land law. A branch of a stream, flowing from a spring. Wootton v. Redd's Ex'r, 12 Grat. (Va.) 196.
SPUHiZIE. In Scotch law. The taking away or meddling with movables in another's possession, without the consent of the owner or authority of law. Bell.
SPURIOUS. Not proceeding from the true source; not genuine; counterfeited. "A spurious bank-bill may be a legitimate im­pression from the genuine plate, but it must have the signatures of persons not the officers of the bank whence it purports to have issued, or else the names of fictitious persons. A spurious bill, also, may be aa illegitimate im­pression from a genuine plate, or an impres­sion from a counterfeit plate, but it must have such signatures or names as we have just indicated. A bill, therefore, may be both counterfeit and forged, or both counterfeit and spurious, but it cannot be both forged .and spurious." Kirby v. State, 1 Ohio St. 187.
SPURIUS. Lat. In the civil law. A bastard; the offspring of promiscuous cohabi--tation.
SPY. A person sent into an enemy's camp to inspect their works, ascertain their strength and their intentions, watch their movements, and secretly communicate intel­ligence to the proper officer. By the laws of war among all civilized nations, a spy is pun­ished with death. Webster. See Vattel, 3, 179.
SQUARE. As used to designate a certain .portion of land within the limits of a city or
town, this term may be synonymous with "block," that is, the smallest subdivision which is bounded on all sides by principal streets, or it may denote a space (more or less rectangular) not built upon, and set apart for public passage, use, recreation, or orna­mentation, in the nature of a "park" but smaller. See Caldwell v. Rupert, 10 Bush (Ky.) 179; State v. Natal, 42 La. Ann. 612, 7 South. 781; Rowzee v. Pierce, 75 Miss. 846, 23 South. 307, 40 L. R. A. 402, 65 Am. St. Rep. 625; Methodist Episcopal Church v. Hoboken, 33 N. J. Law, 13, 97 Am. Dec. 696; Rev. Laws Mass. 1902, p. 531, c 52, § 12.
SQUATTER. In American law. One who settles on another's land, particularly on public lands, without a title. See O'Donnell v. Mclntyre, 16 Abb. N. O. (N. Y.) 84; Park-ersburg Industrial Co. v. Schultz, 43 W. Va. 470, 27 S. E. 255.
SQUIRE. A contraction of "esquire."
SS. An abbreviation used in that part of a record, pleading, or affidavit, called the "statement of the venue." Commonly trans­lated or read, "to-wit," and supposed to be a contraction of "scilicet."
Also in ecclesiastical documents, particular­ly records of early councils, "ss" is used as an abbreviation for subscripsi. Occasionally, in Law French, it stands for sans, "without," e. g., "faire feoffment ss son baron." Bend-loe, p. 180.
STAB. A wound Inflicted by a thrust with a pointed weapon. State v. Cody, 18 Or. 506, 23 Pac. 891; Ward v. State, 56 Ga. 410; Ruby v. State, 7 Mo. 208.
STABIIiIA. A writ called by that name, founded on a custom in Normandy, that where a man in power claimed lands in the possession of an inferior, he petitioned the prince that it might be put into his hands till the right was decided, whereupon he had this writ Wharton.
Stabit prsesumptio doneo probetnr in contrarinm. A presumption will stand good till the contrary is proved. Hob. 297; Broom, Max. 949.
STABLE-STAND. In forest law. One of the four evidences or presumptions where­by a man was convicted of an intent to steal the king's deer in the forest This was when a man was found at his standing in the forest with a cross-bow or long-bow bent ready to shoot at any deer, or else standing close by a tree with grey-hounds in a leash, ready to slip. Cowell; Man wood.
STABULARIUS. Lat In the civil law. A stable-keeper. Dig. 4, 9, 4, 1.
STACHIA. In old records. A dam or head made to stop a water-course. Cowell.


STAFF-HERDING. The following of cattle within a forest.
STAGE-RIGHT is a word which It has been attempted to introduce as a substitute for "the right of representation and perform­ance," but it can hardly be said to be an ac­cepted term of English or American law. Sweet.
STAGIARIT7S. A resident Cowell.
STAGNUM. In old English law. A pool, or pond. Co. Litt 5a; Johnson v. Rayner, 6 Gray (Mass.) 110.
STAKE. A deposit made to answer an event, as on a wager. See Harris v. White, 81 N. Y. 539; Porter v. Day, 71 Wis. 296, 37 N. W. 259; Mohr v. Miesen, 47 Minn. 228, 49 N. W. 862.
—Stakeholder primarily means a person with whom money is deposited pending the decision of a bet or wager, (q. v.,) but it is more often used to mean a person who holds money or prop­erty which is claimed by rival claimants, but in which he himself claims no interest. Sweet. And see Oriental Bank v. Tremont Ins. Co., 4 Mete. (Mass.) 10; Fisher v. Hildreth, 117 Mass. 562; Wabash R. Co. v. Flannigan, 95 Mo. App. 477, 75 S. W. 691.
STALE, ». In Saxon law. Larceny. Wharton.
STAXE, adj. In the language of the courts of equity, a "stale" claim or demand is one which has not been pressed or asserted for so long a time that the owner or creditor is chargeable with laches, and that changes occurring meanwhile in the relative situation of the parties, or the intervention of new interests or equities, would render the en­forcement of the claim or demand against conscience. See The Galloway C. Morris, 2 Abb. U. S. 164, 9 Fed. Cas. 1,111; King v. White, 63 Vt 158, 21 Atl. 535, 25 Am. St Rep. 752; Ashurst v. Peck, 101 Ala. 499, 14 South. 541; The Harriet Ann, 11 Fed. Cas. 597.
STALLAGE. The liberty or right of pitching or erecting stalls in fairs or markets, or the money paid for the same. 1 Steph. Comm. 664.
STALLARIUS. In Saxon law. The prcefectus stabuli, now master of the horse. Sometimes one who has a stall in a fair or market
STAMP. An impression made by public authority, in pursuance of law, upon paper / or parchment, upon which certain legal pro­ceedings, conveyances, or ^contracts are re­quired to be written, and for which a tax or duty is exacted.
A small label or strip of paper, bearing a particular device, printed and sold by the
government, and required to be attached t£ mail-matter, and to some other articles subr Jeot to duty or excise.
—Stamp acts. In English law. Acts regutafti ing the stamps upon deeds, contracts, agree* ments, papers in law proceedings, bills and notes* letters, receipts^ and other papers.—Stamp d«» ties. Duties imposed upon and raised from stamps upon parchment and paper, and forming a branch of the perpetual revenue of the king­dom. 1 Bl. Comm. 323.
STANCE. In Scotch law. A resting place; a field or place adjoining a drove-road, for resting and refreshing sheep and cattle on their journey. 7 Bell, App. Cas. 53, 57, 58.
STAND. To abide; to submit to; as "to ttand a trial."
To remain as a thing is; to remain in force. Pleadings demurred to and held good are al­lowed to stand.
To appear in court
—Standing aside jurors. A practice by which, on the drawing of a jury for a criminal trial, the prosecuting officer puts aside a juror, provisionally, until the panel is exhausted, with­out disclosing his reasons, instead of being re­quired to challenge him and show cause. The statute 33 Edw. I. deprived the crown of the power to challenge jurors without showing cause, and the practice of standing aside jurors was adopted, in England, as a method of evad­ing its provisions. A similar practice is in use in Pennsylvania. See Warren v. Com., 37 Pa. 54; Zell v. Com., 94 Pa. 272; Haines v. Com., 100 Pa. 322. But in Missouri, it is said that the words "stand aside" are the usual formula, used in impaneling a jury, for rejecting a jur­or. State v. Hultz, 106 Mo. 41, 16 S. W. 94a —Standing by is used in law as implying knowledge, under such circumstances as ren­dered it the duty of the possessor to communi­cate it; and it is such knowledge, and not they mere fact of "standing by," that lays the foun­dation of responsibility. The phrase does not import an actual presence, "but implies knowl­edge under such circumstances as to render it the duty of the possessor to communicate it.~ Anderson v. Hubble, 93 Ind. 573, 47 Am. Rep. 394; Gatling v. Rodman, 6 Ind. 292; Richard­son v. Chickering, 41 N. H. 380, 77 Am. Dec. 769; Morrison v. Morrison, 2 Dana (Ky.) 16. —Standing mute. A prisoner, arraigned for treason or felony, was said to "stand mute," when he refused to plead, or answered foreign to the purpose, or, after a plea of not guilty, would not put himself upon the country.— Standing orders are rules and forms regulat­ing the procedure of the two houses of parlia­ment, each having its own. They are of equal force in every parliament, except so far as they are altered or suspended from time to time. Cox, Inst. 136; May, Pari. Pr. 185.—Standing seised to uses. A covenant to stand seised to uses is one by which the owner of an estate cov­enants to hold the same to the use of another person, usually a relative, and usually in consid­eration of blood or marriage. It is a species of conveyance depending for its effect on the stat­ute of uses.
STANDARD. An ensign or flag used in war.
STANDARD OF WEIGHT, or MEAS­URE. A weight or measure fixed and pre­scribed by law, to which all other weight* and measures are required to correspond.


STANNARIES. A district which in­cludes all parts of Devon and Cornwall where some tin work is situate and in actual opera­tion. The tin miners of the stannaries have certain peculiar customs and privileges.
—Stannary courts. Courts in Devonshire and Cornwall for the administration of justice among the miners and tinners. These courts were held before the lord warden and his depu­ties by virtue of a privilege granted to the work­ers of the tin-mines there, to sue and be sued in their own courts only, in order that they might not be drawn away from their business by hav­ing to attend law-suits in distant courts. Brown.
STAPLE. In English, law. A mart or market. A place where the buying and sell­ing of wool, lead, leather, and other articles were put under certain terms. 2 Reeve, Eng. Law, 393.
In international law. The right of sta­ple, as exercised by a people upon foreign merchants, is defined to be that they may not allow them to set their merchandises and wares to sale but in a certain place. This practice is not in use in the United States.
1 Chit. Com. Law, 103.
—Staple Inn. An inn of chancery. See Inns of Chancery.—Statute-staple. In English law. A security for a debt acknowledged to be due, so called from its being entered into be­fore the mayor of the staple, that is to say, the grand mart for the principal commodities or manufactures of the kingdom, formerly held by act of parliament in certain trading towns. In other respects it resembled the statute-merchant, (a. v.,) but like that has now fallen into disuse.
2 Bl. Comm. 160; 1 Steph. Comm. 287.
STARBOARD. In maritime law. The right-hand side of a vessel when the observer faces forward. "Starboard tack," the course of vessel when she has the wind on her star­board bow. Burrows v. Gower (D. C.) 119 Fed. 617.
STAR-CHAMBER was a court which. originally had jurisdiction in cases where the ordinary course of justice was so much obstructed by one party, through writs, com­bination of maintenance, or overawing influ­ence that no inferior court would find its process obeyed. The court consisted of the privy council, the common-law judges, and (it seems) all peers of parliament. In the reign of Henry VIII. and his successors, the jurisdiction of the court was illegally extend­ed to such a degree (especially in punishing disobedience to the king's arbitrary procla­mations) that it became odious to the nation, and was abolished. 4 Steph. Comm. 310; Sweet.
STARE DECISIS. Lat. To stand by de­cided cases; to uphold precedents; to main­tain former adjudications. 1 Kent, Comm. 477.
STARE'IN JTJDICIO. Lat. To appear before a tribunal, either as plaintiff or de-* fendant.
Bl.Law Dict.(2d Ed.)—70
STARR, or STARRA. The old term for contract or obligation among the Jews, be­ing a corruption from the Hebrew word "shetar," a covenant. By an ordinance of Richard I., no starr was allowed to be valid, unless deposited in one of certain repositories established by law, the most considerable of which was in the king's exchequer at West­minster ; and Blackstone conjectures that the room in which these chests were kept was thence called the "starr-chamber." 4 Bl. Comm. 266, 267, note o.
Stat pro ratione voluntas. The will stands in place of a reason. Sears v. Shafer, 1 Barb. (N. Y.) 408, 411; Farmers' Loan & Trust Co. v. Hunt, 16 Barb. (N. Y.) 514, 525.
Stat pro ratione voluntas populi. The
will of the people stands in place of a reason. People v. Draper, 25 Barb. (N. Y.) 344, 376.
STATE, v. To express the particulars of a thing in writing or in words; to set down or set forth in detail.
To set down in gross; to mention In gen­eral terms, or by way of reference; to refer. Utica v. Richardson, 6 Hill (N. Y.) 300.
STATE, ». A body politic, or society of men, united together for the purpose of pro­moting their mutual safety and advantage, by the joint efforts of their combined strength. Cooley, Const. Lim. 1.
One of the component commonwealths or states of the United States of America.
The people of a state, in their collective capacity, considered as the party wronged by a criminal deed; the public; as in the title of a cause, "The State vs. A. B."
The section of territory occupied by one of the United States.
—Foreign state. A foreign country or nation. The several United States are considered "for­eign" to each other except as regards their re­lations as common members of the Union.— State's evidence. See Evidence.—State officers. Those whose duties concern the state at large or the general public, or who are au­thorized to exercise their official functions throughout the entire state, without limitation to any political subdivision of the stare. Jo. another sense, officers belonging to or exercising authority under one of the states of the Union, as distinguished from the officers of the United States. See In re Police Com'rs, 22 R, I. 654, 49 Atl. 36; State v. Burns, 38 Fla. 378, 21 South. 290; People v. Nixon, 158 N. Y. 221, 52 N. E. 1117.—State paper. A document pre­pared by, or relating to, the political department of the government of a state or nation, and con­cerning or affecting the administration of its government or its political or international re­lations. Also, a newspaper, designated by pub­lic authority, as the organ for the publication of public statutes, resolutions, notices, and ad­vertisements.—State tax. A tax the proceeds of which are to be devoted to the expenses of .the state, as distinguished from taxation for lo­cal or municipal purposes. See Youngblood v. Sexton, 32 Mich. 413, 20 Am. Rep. 654; State v. Auditor of State, 15 Ohio St. 482.—State trial. A trial for a political offense.—State Trials. A work in thirty-three volumes octavo, containing all English trials for offenses against


the state and others partaking 4n some degree of that character, from the ninth year of Hen. II. to the first of Geo. IV.
STATE OP PACTS. Formerly, when a master in chancery was directed by the court of chancery to make an inquiry or investiga­tion into any matter arising out of a suit, and which could not conveniently be brought before the court itself, each party in the suit carried in before the master a statement showing how the party bringing it in repre­sented the matter in question to be; and this statement was technically termed a "state of facts," and formed the ground upon which the evidence was received, the evidence be­ing, in fact, brought by one party or the other, to prove his own or disprove his op­ponent's state of facts. And so now, a state of facts means the statement made by any one of his version of the facts. Brown.
In English lunacy practice, when a person has been found a lunatic, the next step is to submit to the master a scheme called a "state of facts and proposal," showing what Is the position in life, property, and income of the lunatic, who are his next of kin and heir at law, who are proposed as his committees, and what annual sum is proposed to be allowed for his maintenance, etc. From the state of facts and the evidence adduced in support of it, the master frames his report. Elmer, Lun. 22; Pope, Lun. 79; Sweet.
STATE OF THE CASE. A narrative of the facts upon which the plaintiff relies, sub­stituted for a more formal declaration, in suits in the inferior courts. The phrase Is used in New Jersey.
STATED. Settled; closed. An account stated means an account settled, and at an end. Pull. Acc'ts, 33. "In order to consti­tute an account stated, there must be a state­ment of some certain amount of money being due, which must be made either to the party himself or to some agent of his." 5 Mees. & W. 667.
—Stated meeting. A meeting of a board of directors, board of officers, etc., held at the time appointed therefor by law, ordinance, by-law, or other regulation; as distinguished from "spe­cial" meetings, which are held on call as the occasion may arise, rather than at a regularly appointed time, and from adjourned meetings. See Zulich v. Bowman, 42 Pa. 87.—Stated term. A regular or ordinary term or session of a court for the dispatch of its general business, held at the time fixed by law or rule; as dis­tinguished from a special term; held out of the due order or for the transaction of particular business.
STATEMENT. In a general sense, an allegation; a declaration of matters of fact The term has come to be used of a variety of formal narratives of facts, required by law in various jurisdictions as the foundation of judicial or official proceedings.
—Statement of affairs. In English bank­ruptcy practice, a bankrupt or debtor who has
presented a petition for liquidation or composi­tion must produce at the first meeting of cred­itors a statement of his affairs, giving a list of his creditors, secured and unsecured, with the value of the securities, a list of bills discount­ed, and a statement of his property. Sweet. —Statement of claim. A written or printed statement by the plaintiff in an action in the English high court, showing the facts on which he relies to support his claim against the de­fendant, and the relief which he claims. It is delivered to the defendant or his solicitor. The delivery of the statement of claim is usually the next step after appearance, and is the commence­ment of the pleadings. Sweet—Statement of defense. In the practice of the English high court, where the defendant in an action does not demur to the whole of the plaintiffs claim, he delivers a pleading called a "statement of de­fense." The statement of defense deals with the allegations contained in the statement of claim, (or the indorsement on the writ if there is no statement of claim,) admitting or denying them, and, if necessary, stating fresh facts in expla­nation or avoidance of those alleged by the plaintiff. Sweet—Statement of particular*. In English practice, when the plaintiff claims a debt or liquidated demand, but has not indors­ed the writ specially, (*. e., indorsed on it the particulars of his claim under Order iii. r. 6,) and the defendant fails to appear, the plaintiff may file a statement of the particulars of his claim, and after eight days enter judgment for the amount, as if the writ had been specially in­dorsed. Court Rules, xiii. 5; Sweet.
STATESMAN. A freeholder and farmer in Cumberland. Wharton.
STATIM. Lat Forthwith; immediate­ly. In old English law, this term meant ei­ther "at once," or "within a legal time," i. e„ such time as permitted the legal and regular performance of the act in question.
STATING AN ACCOUNT. Exhibiting, or listing in their order, the items which make up an account
STATING PART OF A BILL. That part of a bill In chancery in which the plain­tiff states the facts of his case; it is distin­guished from the charging part of the bill and from the prayer.
STATION. In the civil law. A place where ships may ride in safety. Dig. 50, 16, 59.
STATIONERS' HALL. In English law. The hall of the stationers' company, at which every person claiming copyright in a book must register his title, in order to be able to bring actions against persons infringing it 2 Steph. Comm. 37-39.
STATIONERY OFFICE. In English law. A government office established as a department of the treasury, for the purpose of supplying government offices with station­ery and books, and of printing and publish­ing government papers.
STATIST. A statesman; a politician; one skilled in government
STATISTICS. That part of political sci­ence which is concerned in collecting and ar-


ranging facts illustrative of the condition and resources of a state. The subject is sometimes divided into (1) historical statis­tics, or facts which illustrate the former con­dition of a state; (2) statistics of population; (3) of revenue; (4) of trade, commerce, and navigation; (5) of the moral, social, and phys­ical condition of the people. Wharton.
STATU IiIBER. Lat. In Roman law. One who is made free by will under a condi­tion; one who has his liberty fixed and ap­pointed at a certain time or on a certain con­dition. Dig. 40, 7.
STATU LIBERI. Lat In Louisiana. Slaves for a time, who had acquired the right of being free at a time to come, or on a con­dition which was not fulfilled, or In a certain event which had not happened, but who in the mean time remained in a state of slavery. Civ. Code La. (Ed. 1838) art. 37.
STATUS. The status of a person is his legal position or condition. Thus, when we say that the status of a woman after a decree nisi for the dissolution of her marriage with her husband has been made, but before it has been made absolute, is that of a married wo­man, we mean that she has the same legal rights, liabilities, and disabilities as an ordi­nary married woman. The term is " chiefly applied to persons under disability, or per­sons who have some peculiar condition which prevents the general law from applying to them in the same way as it does to ordinary persons. Sweet. See Barney v. Tourtellotte, 138 Mass. 108; De la Montanya v. De la Montanya, 112 Cal. 115, 44 Pac. 345, 32 L. R. A. 82, 53 Am. St. Rep. 165; Dunham v. Dun­ham, 57 111. App. 407.
There are certain rights and duties, with cer­tain capacities and incapacities to take rights and incur duties, by which persons, as subjects of law, are variously determined to certain classes. The rights, duties, capacities, or inca­pacities which determine a given person to any of these classes, constitute a condition or status with which the person is invested. Aust Jur. § 973.
—Status de manerio. The assembly of the tenants in the court of the lord of a manor, in order to do their customary suit.—Status of irremovability. In English law. The right acquired by a pauper, after one year's residence in any parish, not to be removed therefrom.— Status quo. The existing state of things at any given date. Status quo ante helium, the state of things before the war.
Statuta pro publico oommodo late in-terpretantur. Jenk. Cent. 21. Statutes made for the public good ought to be liberal­ly construed.
Statuta suo oluduntur territorio, nee ultra territorium disponuut. Statutes are confined to their own territory, and have no extraterritorial effect. Woodworth v. Spring, 4 Allen (Mass.) 324.
that which is introduced or governed by stat-
ute law, as opposed to the common law or equity. Thus, a court is said to Lave stat­utory jurisdiction when jurisdiction is given to it in certain matters by act of the legisla­ture.
STATUTE, v. In old Scotch law. To ordain, establish, or decree.
STATUTE, n. An act of the legislature; a particular law enacted and established by the will of the legislative department of gov­ernment, expressed with the requisite for­malities.
In foreign and civil law. Any particular municipal law or usage, though resting for its authority on judicial decisions, or the practice of nations. 2 Kent, Comm. 456. The whole municipal law of a particular state, from whatever source arising. Story, Confl. Laws, § 12.
"Statute" also sometimes means a kind of bond or obligation of record, being an ab­breviation for "statute merchant" or "stat­ute Btaple." See infra.
—Affirmative statute. See Affirmative. —Declaratory statute. See Declaratory. —Enabling statute. See that title.—Expos­itory statute. See that title.—General statute. A statute relating to the whole com­munity, or concerning all persons generally, as distinguished from a private or special statute. 1 Bl. Comm. 85, 86; 4 Coke, 75a.—Local stat­ute. Such a statute as has for its object the interest of some particular locality, as the formation of a road, the alteration of the course of a river, the formation of a public market in a particular district, etc.—Negative statute. A statute expressed in negative terms; a stat­ute which prohibits a thing from being done, or declares what shall not be done—Penal stat­ute. See Penal.—Perpetual statute. One which is to remain in force without limitation as to time; one which contains no provision for its repeal, abrogation, or expiration at any future time.—Personal statutes. In foreign and modern civil law. Those statutes which have principally for their object the person, and treat of property only incidentally. Story, Confl. Laws, § 13. A personal statute, in this sense of the term, is a law, ordinance, regula­tion, or custom, the disposition of which affects the person, and clothes him with a capacity or incapacity, which he does not change with every change of abode, but which, upon principles of justice and policy, he is assumed to carry with him wherever he goes. 2 Kent, Comm. 456. The term is also applied to statutes which, in­stead of being general, are confined in their op­eration to one person or group of persons. Bank of Columbia v. Walker, 14 Lea (Tenn.) 308; Saul v. Creditors, 5 Mart N. S. (La.) 591, 16 Am. Dec. 212.—Private statute. A statute which operates only upon particular persons, and private concerns. 1 Bl. Comm. 86. An act which relates to certain individuals, or to particular classes of men. Dwar. St. 629; State v. Chambers, 93 N. C. 600.—Public statute. A statute enacting a universal rule which regards the whole community, as distin­guished from one which concerns only particu­lar individuals and affects only their private rights. See Code Civ. Proc. Cal. § 1898.— Real statutes. In the civil law. Statutes which have principally for their object proper­ty, and which do not speak of persons, except in relation to property. Story, Confl. Laws, § 13; Saul v. His Creditors, 5 Mart N. S. (La.) 582, 16 Am. Dec. 212.—Remedial statute, See Remedial,.—Revised statutes. A body

of statutes which have been revised, collected, arianged in order, and re-enacted as a whole; this is the legal title of the collections of com­piled laws of several of the states and also of the United States.—Special statute. One which operates only upon particular persons and private concerns. 1 Bl. Oomm. 86. Dis­tinguished from a general or public statute. —Statute fair. In English law. A fair at which laborers of both sexes stood and offered themselves for hire; sometimes called also "Mop."—Statute-merchant. In English law. A security for a debt acknowledged to be due, entered into before the chief magistrate of some trading town, pursuant to the statute 13 Edw. I. De Mercatoribus, by which not only the body of the debtor might be imprisoned, and his goods seized in satisfaction of the debt, but also his lands might be delivered to the creditor till out of the rents and profits of them the debt be satisfied. 2 Bl. Comm. 160. Now fallen in­to disuse. 1 Steph. Comm. 287. See Yates v. People, 6 Johns. (N. Y.) 404.—Statute of ac­cumulations. In English law. The statute 39 & 40 Geo. III. c. 98, forbidding the accumu­lation, beyond a certain period, of property set­tled by deed or will.—Statute of allegiance de facto. An act of 11 iHen. VII. c. 1, re­quiring subjects to give their allegiance to the actual king for the time being, and protecting them in so doing.—Statute of distributions. See Distribution.—Statute of Elizabeth.. In English law. The statute 13 Eliz. c. 5, against conveyances made in fraud of creditors. —Statute of frauds. See Frauds, Statute of.—Statute of Gloucester. In English law. The statute 6 Edw. I. c. 1, A. D. 1278. It takes its name from the place of its enact­ment, and was the first statute giving costs in actions. 3 Bl. Comm. 399—Statute of la­borers. See Laborer.—Statute of limita­tions. See Limitation.—Statute of uses. See Use.—Statute of wills. In English law. The statute 32 Hen. VIII. c. 1, which enacted that all persons being seised in fee-simple (ex­cept femes covert, infants, idiots, and persons of non-sane memory might, by will and testa­ment in writing, devise to any other person, except to bodies corporate, two-thirds of their lands, tenements, and hereditaments, held in chivalry, and the whole of those held1 in socage. 2 Bl. Comm. 375.—Statute roll. A roll upon which an English statute, after receiving the royal assent, was formerly entered.—Statute staple. See Staple.—Statutes at large. Statutes printed in full and in the order of their enactment, in a collected form, as distin­guished from any digest, revision, abridgment, or compilation of them. Thus the volumes of "United States Statutes at Large," contain all the acts of congress in their order. The name is also given to an authentic collection of the various statutes which have been passed by rthe British parliament from very early times to the present day.
Statutes in derogation of common law must be strictly construed. Cooley, Const. Lim. 75, note; Arthurs, Appeal of, 1 Grant Cas. (Pa.) 57.
STATUTI. Lat. In Roman law. Li­censed or registered advocates; members of the college of advocates. The number of these was limited, and they enjoyed special privileges from the time to Constantine to that of Justinian.
STATUTORY. Relating to a statute; created or defined by a statute; required by a statute; conforming to a statute.
—Statutory crime. See Crime.—Statutory dedication. See Dedication.—Statutory exposition. When the language of a statute
is ambiguous, and any subsequent enactment involves a particular interpretation of the for­mer act, it is said to contain a statutory expo­sition of the former act. Wharton.—Statuto­ry foreclosure. See Foreclosure.—Stat­utory obligation. An obligation—whether to pay money, t perform certain acts, or discharge certain duties—which is created by or arises out of a statute, as distinguished from one founded upon acts between parties or jural re­lationships.—Statutory release. A convey­ance which superseded the1 old compound assur­ance by lease and release. It was created by St. 4 & 5 Vict c. 21, which abolished the lease for a year.
STATUTUM. Lat. In the civil law.
Established; determined. A term applied to judicial action. Dig. 50, 16, 46, pr.
In old English law. A statute; an ad of parliament.
—Statutum de mercatoribus. The statute of Acton Burnell. (q. v.)—Statutum Hiber-nise de cohaeredibus. The statute 14 Hen. III. The third public act in the statute-book. It has been pronounced not to be a statute. In the form of it, it appears to be an instruction given by the king to his justices in Ireland', di­recting them how to proceed in a certain point where they entertained a doubt It seems ths justices itinerant in that country had a doubt when land descended to sisters, whether the younger sisters ought to hold of the eldest, and do homage to her for their several portions, or of the chief lord, and do homage to him; and certain knights had been sent over to know what the practice was in England in such a case. 1 Reeve, Eng. Law, 259.—Statutum sessionum. In old English law. The statute session; a meeting in every hundred of consta­bles and householders, by custom, for the order­ing of servants, and debating of differences be­tween masters and servants, rating of wages, etc. 5 Eliz. c. 4.—Statutum Wallise. The statute of Wales. The title of a statute passed in the twelfth year of Edw. I., being a sort of constitution for the principality of Wales, which was thereby, in a great measure, put on the footing of England with respect to its laws and the administration of justice. 2 Reeve, Eng. Law, 93, 94.
Statutum affirmativum non derogat communi legi. Jenk. Cent 24. An affirma­tive statute does not derogate from the com­mon law.
Statutum ex gratia regis dicitur, quan-do rex dignatur cedere de jure suo regio, pro commodo et quiete populi sui. 2
Inst. 378. A statute is said to be by the grace of the king, when the king deigns to yield some portion of his royal rights for the good and quiet of his people.
Statutum generaliter est intelligen-dum quando verba statuti sunt specialia, ratio autem generalis. When the words of a statute are special, but the reason of it general, the statute is to be understood gen­erally. 10 Coke, 101.
Statutum speciale statuto special! non derogat. Jenk. Cent 199. One special stat­ute does not take from another special stat­ute.
STAURUM. In old records. A store, or stock of cattle. A term of common occur-


rence in the accounts of monastic establish­ments. Spelman; Cowell.
STAY. In practice. A stopping; the act of arresting a judicial proceeding, by the or­der of a court. See In re Schwarz (D. C.) 14 Fed. 788.
—Stay laws. Acts of the legislature prescrib­ing a stay of execution in certain cases, or a stay of foreclosure of mortgages, or closing the courts for a limited period, or providing that suits shall not be instituted until a certain time after the cause of action arose, or otherwise suspending legal remedies; designed for the re­lief of debtors, in times of general distress or financial trouble.—Stay of execution. The stopping or arresting of execution on a judg­ment, that is, of the judgment-creditor's right to issue execution, for a limited period. This is given by statute in many jurisdictions, as a privilege to the debtor, usually on his furnish­ing bail for the debt, costs, and interest. Or it may take place* by agreement of the parties. See National Docks, etc., Co. v. Pennsylvania R. Co., 54 N. J. Eq. 167, 33 Atl. 936.—Stay of proceedings. The temporary suspension of the regular order of proceedings in a cause, by direction or order of the court, usually to await the action of one of the parties in regard to some omitted step or some act which the court has required him to perform as incidental to the suit; as where a non-resident plaintiff has been ruled to give security for costs. See Wallace v. Wallace, 13 Wis. 226; Lewton v. Hower, 18 Fla. 876; Rossiter v. iEtna L. Ins. Co., 96 Wis. 466, 71 N. W. 898.
STEAL. This term is commonly used in indictments for larceny, ("take, steal, and carry away,") and denotes the commission of theft. But, in popular usage, "stealing" seems to be a wider term than "larceny," in­asmuch as it may include the unlawful ap­propriation of things which are not technic­ally the subject of larceny, e. g., immova­bles. See Randall v. Evening News Ass'n, 101 Mich. 561, 60 N. W. 301; People v. Du-mar, 42 Hun (N. Y.) 85; Com. v. Kelley, 184 Mass. 320, 68 N. E. 346; Holmes v. Gil-man, 64 Hun, 227, 19 N. Y. Supp. 151; Dun-nell v. Fiske, 11 Mete. (Mass.) 554; Barnhart v State, 154 Ind. 177, 56 N. E. 212. —Stealing children. See Kidnapping.
STEALTH. Theft is so called by some ancient writers. "Stealth is the wrongful taking of goods without pretense of title." Finch, Law, b. 3, c. 17.
STEELBOW GOODS. In Scotch law. Corns, cattle, straw, and implements of hus­bandry delivered by a landlord to his tenant, by which the tenant is enabled to stock and labor the farm; in consideration of which he becomes bound to return articles equal in quantity and quality, at the expiry of the lease. Bell.
STELLIONATAIRE. Fr. In French law. A party who fraudulently mortgages property to which he has no title.
STELLIONATE. In Scotch law. The crime of aliening the same subject to differ­ent persons. 2 Karnes, Eq. 40.
STELLIONATUS. Lat. In the civil law. A general name for any kind of fraud not falling under any specific class. But the term is chiefly applied to fraud practiced in the sale or pledging of property; as, selling the same property to two different persons, selling another's property as one's own, plac­ing a second mortgage on property without disclosing the existence of the first, etc.
STENOGRAPHER. One who is skilled in the art of short-hand writing; one whose business is to write in short-hand. See Ry-nerson v. Allison, 30 S. C. 534, 9 S. E. 656; In re Appropriations for Deputy State Of­ficers, 25 Neb. 662, 41 N. W. 643; Chase v. Vandergrift, 88 Pa. 217.
STEP-DAUGHTER. The daughter of one's wife by a former husband, or of one's husband by a former wife.
STEP-FATHER. The man who mar­ries a widow, she having a child by her former marriage, is step-father to such child.
STEP-MOTHER. The woman who mar­ries a widower, he having a child by his former wife, becomes step-mother to such child.
STEP-SON. The son of one's wife by a former husband, or of one's husband by a former wife.
breaking, obstructing, or straitening of a way. Termes de la Ley.
STERE. A French measure of solidity, used in measuring wood. It is a cubic meter.
STERILITY. Barrenness; incapacity to produce a child.
STERLING. In English law. Current or standard coin, especially silver coin; a standard of coinage.
STET BILLA. If the plaintiff in a plaint in the mayor's court of London has attached property belonging to the defendant and ob­tained execution against the garnishee, the defendant, if he wishes to contest the plain­tiff's claim, and obtain restoration of his property, must issue a scire facias ad dis-probandum deMtum; if the only question to be tried is the plaintiff's debt, the plaintiff in appearing to the scire facias prays stet billa "that his bill original," i. e., his orig­inal plaint, "may stand, and that the defend­ant may plead thereto." The action then pro­ceeds in the usual way as if the proceedings in attachment (which are founded on a ficti­tious default of the defendant in appearing to the plaint) had not taken place. Brand, F. Attachm. 115; Sweet
STET PROCESSUS. Stet processus is an entry on the roll in the nature of a judg-


ment of a direction that all further proceed­ings shall be stayed, (i. e., that the process may stand,) and it is one of the ways by which a suit may be terminated by an act of the party, as distinguished from a termi­nation of it by judgment, which is the act of the court It was used by the plaintiff when he wished to suspend the action with­out suffering a nonsuit. Brown.
STEVEDORE. A person employed in loading and unloading vessels. The Senator (D. C.) 21 Fed. 191; Rankin v. Merchants' & M. Transp. Co., 73 Ga. 232, 54 Am. Rep. 874; The Elton, 83 Fed 521, 31 G. G. A. 496.
STEWARD. This word signifies a man appointed in the place or stead of another, and generally denotes a principal officer within his jurisdiction. Brown.
—Land steward. See Land.—Steward of a
manor. An important officer who has the gen­eral management of all forensic matters con­nected with the manor of which he is steward. He stands in much the same relation to the lord of the manor as an under-sheriff does to the sheriff. Cowell.—Steward of all England. In old English law. An officer who was invest­ed with various powers; among others, to pre­side on the trial of peers.—Steward of Scot­land. An officer of the highest dignity and trust. He administered the crown revenues, superintended the affairs of the household, and possessed the privilege of holding the first place in the army, next to the king, in the day of battle. From this office the royal house of Stu­art took its name. But the office was sunk on their advancement to the throne, and has never since been revived. Bell.
STEWARTRT, in Scotch law, is said to be equivalent to the English "county." See Brown.
STEWS. Certain brothels anciently per­mitted in England, suppressed by Henry VIII. Also, breeding places for tame pheas­ants.
STICK. In the old books. To stop; to hesitate; to accede with reluctance. "The court stuck a little at this exception." 2 Show. 491.
STICKLER. (1) An inferior officer who cuts wood within the royal parks of Claren­don. Cowell. (2) An arbitrator. (3) An ob­stinate contender about anything.
STIFLING A PROSECUTION. Agree­ing, in consideration of receiving a pecuniary or other advantage, to abstain from prose­cuting a person for an offense not giving rise to a civil remedy; e. fir., perjury. Sweet.
STILLBORN. A stillborn child is one born dead or in such an early stage of preg­nancy as to be incapable of living, though not actually dead at the time of birth. Chil­dren born within the first six months after conception are considered by the civil law as incapable of living, and therefore, though
they are apparently born alive, if they do not in fact survive so long as to rebut this pre­sumption of law, they cannot inherit, so as to transmit the property to others. Marsel-lis v. Thalhimer, 2 Paige (N. Y.) 41, 21 Am. Dec. 66.'
STILLICLDIUM. Lat. In the civil law. The drip of water from the eaves of a house. The servitude stillicidii consists in the right to have the water drip from one's eaves upon the house or ground of another. The term "flumeri" designated the rain-water collected from the roof, and carried off by the gutters, and there is a similar easement of having it discharged upon the adjoining estate. Mac-keld. Rom. Law, § 317, par. 4.
STINT. In English law. Limit; a lim­ited number. Used as descriptive of a species of common. See Common sans Nombbe.
STIPEND. A salary; settled pay. Man-gam v. Brooklyn, 98 N. Y. 597, 50 Am. Rep. 705.
In English and Scotch, law. A provision made for the support of the clergy.
STIPENDIARY ESTATES. Estates granted in return for services, generally of a military kind. 1 Steph. Comm. 174.
English law. Paid magistrates; appointed in London and some other cities and bor­oughs, and having in general the powers and jurisdiction of justices of the peace.
STIPENDIUM. Lat In the civil law. The pay of a soldier; wages; stipend. Cal­vin.
STIPES. Lat In old English law. Stock; a stock; a source of descent or title. Communis stipes, the common stock. Fleta, lib. 6, c. 2.
STIPITAL. Relating to stirpes, roots, or stocks. "Stipital distribution" of property is distribution per stirpes; that is, by right of representation.
STIPULATED DAMAGE. Liquidated damage, (g. v.)
STIPULATIO. Lat. In the Roman law, stipulatio was the verbal contract, (verbis ooligatio,) and was the most solemn and formal of all the contracts in that system of jurisprudence. It was entered into by ques­tion and corresponding answer thereto, by the parties, both being present at the same time, and usually by such words as "spondest spondeo," "promittist promitto," and the like. Brown.
—Stipulatio Aqniliana. A particular appli­cation of the stipulatio, which was used to col­lect together into one verbal contract all the li­abilities of every kind and quality of the debt-


or, with a view to their being released or dis­charged by an acoeptilatio, that mode of dis­charge being applicable only to the verbal con­tract. Brown.
STIPULATION. A material article In an agreement.
In practice. An engagement or under­taking in writing, to do a certain act; as to try a cause at a certain time. 1 Burrill, Pr. 389.
The name "stipulation" is familiarly given to any agreement made by the attorneys en­gaged on opposite sides of a cause, (especially if in writing,) regulating any matter inci­dental to the proceedings or trial, which falls within their jurisdiction. Such, for instance, are agreements to extend the time for plead­ing, to* take depositions, to waive objections, to admit certain facts, to continue the cause. See Lewis v. Orpheus, 15 Fed. Cas. 492.
In admiralty practice. A recognizance of certain persons (called in the old law "fide jussors") in the nature of bail for the ap­pearance of a defendant 3 Bl. Comm. 108.
STIPULATOR. In the civil law. The party who asked the question in the contract of stipulation; the other party, or he who an­swered, being called the "promissor." But, in a more general sense, the term was ap­plied to both the parties. Calvin.
STIRPS. Lat. A root or stock of descent or title. Taking property by right of repre­sentation is called "succession per stirpes," in opposition to taking in one's own right, or as a principal, which is termed "taking per capita." See Rotmanskey v. Heiss, 86 Md. 633, 39 Atl. 415.
STOCK. In mercantile law. The
goods and wares of a merchant or trades­man, kept for sale and traffic.
In a larger sense. The capital of a mer­chant or other person, including his mer­chandise, money, and credits, or, in other words, the entire property employed in busi­ness.
In corporation law. The capital or prin­cipal fund of a corporation ; or joint-stock company, formed by the contributions of sub­scribers or the sale of shares, and considered as the aggregate of a certain number of shares severally owned by the members or stockholders of the corporation; also the proportional part of the capital which is owned by an individual stockholder; also the incorporeal property which is represent­ed by the holding of a certificate of stock; and in a wider and more remote sense, the right of a shareholder to participate in the general management of the company and to share proportionallj in Its net profits or earnings or in the distribution of assets on dissolution. See Thayer y. Wathen, 17 Tex.
Civ. App. 382, 44 S. W. 906; Burrall T. Bushwick R. Co., 75 N. Y. 216; State v. Lewis, 118 Wis. 432, 95 N. W. 388; Heller v. National Marine Bank, 89 Md. 602, 43 Atl. 800, 45 K R. A. 438, 73 Am. St. Rep. 212; Trask v. Maguire, 18 Wall. 402, 21 L Ed 938; Harrison v. Vines, 46 Tex. 15.
The funded indebtedness of a state or gov­ernment, also, is often represented by stocks, shares of which are held by its creditors at interest
In the law of descent. The term is used, metaphorically, to denote the original pro­genitor of a family, or the ancestor from whom the persons in question are all descend­ed; such descendants being called "branch­es."
Classes of corporate stock. Preferred stock is a separate portion or class of the stock of a corporation, which is accorded, by the charter or by-laws, a preference or priority in respect to dividends, over the re­mainder of the stock of the corporation, which in that case is called "common" stock. That Is, holders of the preferred stock are entitled to receive dividends at a fixed an­nual rate, out of the net earnings or profits of the corporation, before any distribution of earnings is made to the common stock. If the earnings applicable to the payment of dividends are not more than sufficient for such fixed annual dividend, they will be en­tirely absorbed by the preferred stock. If they are more than sufficient for the purpose, the remainder may be given entirely to the common stock (which is the more usual cus­tom) or such remainder may be distributed pro rata to both classes of the stock, In which case the preferred stock is said to "partici­pate" with the common. The fixed dividend on preferred stock may be "cumulative" or "non-cumulative." In the former case, if the stipulated dividend on preferred stock is not earned or paid in any one year, it becomes a charge upon the surplus earnings of the next and succeeding years, and all such accumu­lated and unpaid dividends on the preferred stock must be paid off before the common stock is entitled to receive dividends. In the case of "non-cumulative" preferred stock, Its preference for any given year is extin­guished by the failure to earn or pay its divi­dend in that year. If a corporation has no class of preferred stock, all its stock is com­mon stock. The word "common" in this con­nection signifies that all the holders of such stock are entitled to an equal pro rata division of profits or net earnings, if any there be, without any preference or priority among themselves. "Deferred" stock is rare­ly issued by American corporations, though it is not uncommon in England. This kind of stock Is distinguished by the fact that the payment of dividends upon it Is expressly postponed until some other class of stock has received a dividend, or until some certain liability or obligation of the corporation is


discharged. If there is a class of "preferred" stock, the common stock may in this sense be said to be "deferred," and the term is sometimes used as equivalent to "common" stock. But it is not impossible that a cor­poration should have three classes of stock: (1) Preferred, (2) common, and (3) deferred; the latter class being postponed, In respect to participation in profits, until both the preferred and the common stock had received dividends at a fixed rate. See Cook, Corp. § 12; State v. Railroad Co., 16 S. C. 528; Scott v. Railroad Co., 93 Md. 475, 49 Atl. 327; Jones v. Railroad Co., 67 N. H. 234, 30 Atl. 614, 68 Am. St. Rep. 650; Lockhart v. Van Alstyne, 31 Mich. 76, 18 Am. Rep. 156; Burt v. Rattle, 31 Ohio St. 116; Storrow v. Mfg. Ass'n, 87 Fed. 616, 31 C. C. A- 139.
—Capital stock. See that title.—Certifi­cate of stock. See Certificate.—Guaran­tied stock. Stock of a corporation which is entitled to receive dividends at a fixed annual rate, the payment of which dividends is guar­antied by some outside person or corporation-See Field v. Damson, eta, Mfg. Co., 162 Mass. 388, 38 N. E. 1126, 27 L. R. A. 136— Publio stocks. The funded or bonded debt of a gov­ernment or state.—Special stock of a corpora­tion, in Massachusetts, is authorized by statute. It is limited in amount to two-fifths of the actu­al capital. It is subject to redemption by the corporation at par after a fixed time. The cor­poration is bound to pay a fixed annual divi­dend on it as a debt The holders of it are in no event liable for the debts of the corpora­tion beyond their stock; and an issue of spe­cial stock makes all the general stockholders liable for all debts and contracts of the corpora­tion until the special stock is fully redeemed. American Tube Works v. Boston Mach. Co., 139 Mass. 5, 29 N. E. 63.—Stock association. A joint-stock company, (q. v.)—Stock-broker. One who buys and sells stock as the agent of others. Banta v. Chicago, 172 111. 204, 50 N. B. 233, 40 L. R, A. 611; Little Rock v. Bar­ton, 33 Ark. 436; Gast v. Buckley (Ky.) 64 S. W. 632.—Stock corporation. A corpora­tion having a capital stock divided into shares, and which is authorized by law to distribute to the holders thereof dividends or shares of the surplus profits of the corporation. Buker v. Steele (Co. Ct.) 43 N. Y. Supp. 350.—Stock dividend. See Dividend.—Stock-exchange. A voluntary association of persons (not usually a corporation) who, for convenience in the transaction of business with each other, have associated themselves to provide a common .place for the transaction of their business; an 'association of stock-brokers. Dos Passos, Stock-Brok. 14. The building or room used by an association of stock-brokers for meeting for the transaction of their common business.—Stock­jobber. A dealer in stock; one who buys and sells stock on his own account on speculation. State v. Debenture Co., 51 La. Ann. 1874, 26 South. 600.—Stock-note. The term "stock-note" has no technical meaning, and may as well apply to a note given on the sale of stock which the bank had purchased or taken in the payment of doubtful debts as to a note given on account of an original subscription to stock. Dunlap v. Smith, 12 111. 402.—"Water­ed stock. Stock issued by way of increase or addition to the nominal capital stock of the corporation, and passing into the hands of stockholders either by purchase or in the form of a stock dividend, but which does not repre­sent or correspond to any increase in the actual capital or actual value of the assets of the cor­poration. See Appeal of Wiltbank, 64 Pa. 260, 3 Am. Rep. 585.
STOCKHOLDER. A person who owns shares of stock in a corporation or joint-stock company. See Mills v. Stewart, 41 N. Y. 386; Ross v. Knapp, etc., Co., 77 111. App. 424; Corwith v. Culver, 69 111. 502; Hirsh-feld v. Bopp, 145 N. Y. 84, 39 N. E. 817; State v. Hood, 15 Rich. Law (S. C.) 186.
The owners of shares in a corporation which has a capital stock are called "stock­holders." If a corporation has no capital stock, the corporators and their successors are called "members." Civ. Code Dak. § 392.
STOCKS. A machine consisting of two pieces of timber, arranged to be fastened to­gether, and holding fast the legs of a person placed in it. This was an ancient method of punishment.
STOP ORDER. The name of an order grantable in English chancery practice, to prevent drawing out a fund in court to the prejudice of an assignee or lienholder.
STOPPAGE. In the civil law. Compen* sation or set-off.
which the unpaid vendor of goods stops their progress and resumes possession of them, while they are in course of transit from him to the purchaser, and not yet actually deliv­ered to the latter.
The right of stoppage in transitu is that which the vendor has, when he sells goods on credit to another, of resuming the possession of the-goods while they are in the possession of a car­rier or middle-man, in the transit to the con­signee or vendee, and before they arrive into his actual possession, or the destination he has ap­pointed for them on his becoming bankrupt and insolvent. 2 Kent, Comm. 702.
Stoppage in transitu is the right which arises to an unpaid vendor to resume the possession, with which he has parted, of goods sold upon credit, before they come into the possession of a buyer who has become insolvent, bankrupt, or pecuniarily embarrassed. Inslee v. Lane, 57 N. H. 454.
STORE. Storing is the keeping merchan­dise for safe custody, to be delivered in th& same condition as when received, where the safe-keeping is the principal object of depos­it, and not the consumption or sale. O'Niel r. Buffalo F. Ins. Co., 3 N. Y. 122; Hynds v. Schenectady County Mut Ins. Co., 16 Barb. (N. Y.) 119.
—Public store. A government warehouse, maintained for certain administrative purposes, such as the keeping of military supplies, the storing of imported goods under bonds to pay duty, etc.—Stores. The supplies of different articles provided for the subsistence and accom­modation of a ship's crew and passengers.
STOUTHRIEFF. In Scotch law. For­merly this word included every species of theft accompanied with violence to the per­son, but of late years it has become the vox signata for forcible and masterful depreda­tion within or near the dwelling-house; while robbery has been more particularly applied to


violent depredation on the highway, or ac­companied by house-breaking. Alis. Prin. Scotch Law. 227.
STOWAGE. In maritime law. The stor­ing, packing, or arranging of the cargo in a ship, in such a manner as to protect the goods from triction, bruising, or damage from leakage.
Money paid for a room where goods are laid; housage. Wharton.
STOWE. In old English law. A valley. Co. Litt. 4b.
STRADDLE. In stock-brokers' parlance the term means the double privilege of a "put" and a "call," and secures to the holder the right to demand of the seller at a certain price within a certain time a certain number cf shares of specified stock, or to require him to take, at the same price within the same time, the same shares of stock. Harris v. Tumbridge, 83 N. Y. 95, 38 Am. Rep. 398.
of straw, one of no substance, put forward as bail or surety.
STRAND. A shore or bank of the sea or a river. Doane v. Willcutt, 5 Gray (Mass.) 335, 66 Am. Dec. 369; Bell v. Hayes, 60 App. Div. 382, 69 N. Y. Supp. 898; Stillman v. Bur-feind, 21 App. Div. 13, 47 N. Y. Supp. 280.
STRANDING. In maritime law. The drifting, driving, or running aground of a ship on a shore or strand. Accidental strand­ing takes place where the ship is driven on shore by the winds and waves. Voluntary stranding takes place where the ship is run on shore either to preserve her from a worse fate or for some fraudulent purpose. Marsh. Ins. bk. 1, c. 12, § 1. See Barrow v. Bell, 4 Barn. & a 736; Strong v. Sun Mut Ins. Co., 31 N. Y. 106, 88 Am. Dec. 242; Lake v. Columbus Ins. Co., 13 Ohio, 55, 42 Am. Dec 188; London Assur. Co. v. Companhia de Moagens, 167 U. S. 149, 17 Sup. Ct, 785, 42 L. Ed. 113.
STRANGER IN BLOOD. Any person not within the consideration of natural love and affection arising from relationship.
STRANGERS. By this term is intended third persons generally. Thus the persons bound by a fine are parties, privies, and strangers; the parties are either the cogni-zors or cognizees; the privies are such as are in any way related to those who levy the fine, and claim under them by any right of blood, or other right of representation; the stran­gers are all other persons in the world, except only the parties and privies. In its general legal signification the term is opposed to the word "privy." Those who are in no way parties to a covenant, nor bound by it, are
also said to be strangers .to the covenant. Brown. See Bobbins v. Chicago, 4 Wall. 672, 18 L. Ed. 427; O'Donnell v. Mclntyre, 118 N. Y. 156, 23 N. E. 455; Bennett v. Chandler, 199 111. 97, 64 N. E. 1052; Kirk v. Morris, 40 Ala. -228; U. S. v. Henderlong (C. C.) 102 Fed. 2.
STRATAGEM. A deception either by words or actions, in times of war, in order to obtain an advantage over an enemy.
STRATOCRACY. A military govern­ment; government by military chiefs of an army.
STRATOR. In old English law. A sur­veyor of the highways.
STREAM. A current of water; a body of flowing water. The word, in its ordinary sense, includes rivers. But Callis defines a stream "a current of waters running over the level at random, and not kept in with banks or walls." Call. Sew. [83,] 133. See Munson v. Hungerford, 6 Barb. (N. Y.) 270; French v. Carhart, 1 N. Y. 107; Miller v. Black Rock Springs Imp. Co., 99 Va. 747, 40 S. E. 27, 86 Am. St Rep. 924; Armfield v. State, 27 Ind. App. 488, 61 N. E. 693; Trus­tees of Schools v. Schroll, 120 I1L 509, 12 N. E. 243, 60 Am. Rep. 575.
—Private stream. A non-navigable creek or water-course, the bed or channel of which is ex­clusively owned by a private individual. See Adams v. Pease. 2 Conn. 484; Reynolds v. Com., 93 Pa- 461.
STREAMING FOR TIN. The process of working tin in Cornwall and Devon. The right to stream must not be exercised so as to interfere with the rights of other private individuals; e. g., either by withdrawing or by polluting or choking up the water-courses or waters of others; and the statutes 23 Hen. VIII. c. 8, and 27 Hen. VIII. c. 23, impose a penalty of £20 for the offense. Brown.
STREET. An urban way or thorough­fare; a road or public way in a city, town, or village, generally paved, and lined or in­tended to be lined by houses on each side. See U. S. v. Bain, 24 Fed. Cas. 943; Brace v. New York Cent R. Co., 27 N. Y. 271; In re Woolsey, 95 N. Y. 138; Debolt v. Carter, 31 Ind. 367; Theobold v. Railway Co., 66 Miss. 279, 6 South. 230, 4 L. R» A. 735, 14 Am. St Rep. 564.
STREIGHTEN. In the old books. To narrow or restrict. "The habendum should not streighten the devise." 1 Leon. 58.
STREPITUS. In old records. Estrepe-ment or strip; a species of waste or destruc­tion of property. Spelman.


STREPITUS JUDICIALIS. Turbulent conduct in a court of justice. Jacob.
STRICT. As to strict "Construction," 'Foreclosure," and "Settlement," see those titles.
STRICTI JURIS. Lat. Of strict right
or la'w -r according to strict law. "A license is a thing stnctt juris; a privilege which a man does not possess by his own right, but it is conceded to him as an indulgence, and therefore it is to be strictly observed." 2 Rob. Adm. 117.
strictest right or law. "Licenses being mat­ter of special indulgence, the application of them was formerly strictissimi juris." 1 Edw. Adm. 328.
STRICTO JURE. Lat. In strict law. 1 Kent, Comm. 65.
STRICTUM JUS. Lat Strict right or law; the rigor of the law as distinguished from equity.
STRIKE. The act of a body of workmen employed by the same master,, in stopping work all together at a prearranged time, and refusing to continue until higher wages, or shorter time, or some other concession is granted to them by the employer. See Farm­ers' L. & T. Co. v. Northern Pac. R. Co. (C. C) 60 Fed. 819; Arthur v. Oakes, 63 Fed. 327, 11 C. C. A. 209, 25 L. R. A. 414; Rail­road Co. v. Bowns, 58 N. Y. 582; Longshore Printing Co. v. Howell, 26 Or. 527, 38 Pac. 547, 28 L. R, A. 464, 46 Am. St. Rep. 640.
In mining law. The strike of a vein or lode is its extension in the horizontal plane, or its lengthwise trend or course with ref­erence to the points of the compass; distin­guished from its "dip," which is its slope or slant away from the perpendicular, as it goes downward into the earth, or the angle of its deviation from the vertical plane.
STRIKE OFF. In common parlance, and in the language of the auction-room, prop­erty is understood to be "struck off" or "knocked down," when the auctioneer, by the fall of his hammer, or by any other audible or visible announcement signifies to the bidder that he is entitled to the property on paying the amount of his bid, according to the terms of the sale. Sherwood v. Reade, 7 Hill (N. Y.) 439.
In practice. A court is said to "strike off" a case when it directs the removal of the case from the record or docket, as being one over which it has no jurisdiction and no power to hear and determine it
STRIKING A DOCKET. In English practice. The first step in the proceedings in
bankruptcy, which consists in making affi­davit of the debt and giving a bond to fol­low up the proceedings with effect. 2 Steph. Comm. 199. When the affidavit and bond' are delivered at the bankrupt office, an entry is made in what is called the "docket-book," upon which the petitioning creditor is said to have struck a docket. Eden, Bankr. 51, 52.
STRIKING A JURY. The selecting or nominating a jury of twelve men out ot the whole number returned as jurors on the panel. It is especially used of the selection of a special jury, where a panel of forty-eight is prepared by the proper officer, and the parties, in turn, strike off a certain num­ber of names, until the list is reduced to twelve. A jury thus chosen is called a "struck jury."
STRIKING OFF THE ROLL. The dis­barring of an attorney or solicitor.
STRIP. The act of spoiling or unlawful­ly taking away anything from the land, by the tenant tor lite or years, or by one holding an estate in the land less than the entire tee. Pub. St Mass. 1882, p. 1293.
STRONG HAND. The words "with strong hand" imply a degree of criminal force, whereas the words vi et armis ("with force and arms") are mere formal words in the action of trespass, and the plaintiff is not bound to prove any force. The statutes re­lating to forcible entries use the words "with a strong hand" as describing that degree of force which makes an entry or detainer of lands criminal. Brown.
STRUCK. In pleading. A word essen­tial in an indictment for murder, when the death arises from any wounding, beating, or bruising. 1 Bulst 184; 5 Coke, 122; 3 Mod. 202.
STRUCK JURY. See Striking a Jubt.
STRUMPET. A whore, harlot or cour­tesan. This word was anciently used for an addition It occurs as an addition to the name of a woman in a return made by a jury in the sixth year of Henry V. Wharton.
STUFF GOWN. The professional robe worn by barristers of the outer bar; viz., those who have not been admitted to the rank of king's counsel. Brown.
STULTIFY. To make one out mentally incapacitated for the performance of an act
STULTILOQUIUM. Lat In old English law. Vicious pleading, for which a fine was imposed by King John, supposed to be the origin of the fines for beau-pleader, Crabb, Eng. Law, 135.


STUMPAGE. The sum agreed to be paid to an owner of land for trees standing (or lying) upon his land, the purchaser being permitted to enter upon the land and to cut down and remove the trees; in other words, it is the price paid for a license to cut Blood v. Drummond, 67 Me. 478.
STUPRUM. Lat In the civil law. Un­lawful intercourse with a woman. Distin­guished from adultery as being committed with a virgin or widow. Dig. 48, 5, 6.
STURGEON. A royal fish which, when either thrown ashore or caught near the coast, is the property of the sovereign. 2 Steph. Comm. 19», 54a
STYLE. As a verb, to call, name, or en­title one; as a noun, the title or appellation of a person.
SUA SPONTE. Lat Of his or its own
will or motion; voluntarily; without prompt­ing or suggestion.
SUABLE. That which may be sued.
SUAPTE NATURA. Lat. In its own nature. Suapte riatura sterilis, barren in its own nature and quality; intrinsically bar­ren. 5 Maule & S. 170.
SUB. Lat. Under; upon.
—Sub colore juris. Under color of right; under a show or appearance of right or right­ful power.—Sub conditione. Upon condition. The proper words to express a condition in a conveyance, and to create an estate upon con­dition. Graves v. Deterling, 120 N. Y. 447, 24 N. B. 655.—Sub disjunctione. In the al­ternative. Fleta, lib. 2, c. 60, § 21.—Sub ju--dice. Under or before a judge or court; un­der judicial consideration; undetermined 12 East, 409.—Sub modo. Under a qualification; subject to a restriction or condition.—Sub nomine, Under the name; in the name of; under the title of.—Sub pede sigilli. Under the foot of the seal; under seal. 1 Strange, 521.'—Sub potestate. Under, or subject to, the power of another; used of a wife, child, slave, or other person not sui juris.—Sub salvo ?et seouro conductu. Under safe and secure conduct. 1 Strange, 430. Words in the old writ of habeas corpus.—Sub silentio. Under silence; without any notice being taken. Pass­ing a thing tub silentio may be evidence of con­sent.—Sub spe reconciliationis. Under the hope of reconcilement. 2 Kent, Comm. 127.— Sub suo periculo. At his own risk. Fleta, lib. 2, c. 5, § 5.
SUB-BALLIVUS. In old English law. An under-bailiff; a sheriff's deputy. Fleta, lib. 2, c. 68, § 2.
SUB-BOIS. Coppice-wood. 2 Inst. 642.
SUBAGENT. An under-agent; a substi­tuted agent; an agent appointed by one who Is himself an agent. 2 Kent, Comm. 633.
SUBALTERN. An inferior or subordi­nate officer. An officer who exercises his authority under the superintendence and control of a superior.
SUBCONTRACT. See Contract.
SUBDITUS. Lat In old English law. A vassal; a dependent; any one under the power of another. Spelman.
SUBDIVIDE. To divide a part into smaller parts; to separate into smaller divi­sions. As, where an estate is to be taken by some of the heirs per stirpes, it is divided and subdivided according to the number of takers in the nearest degree and those in the more remote degree respectively.
SUBDUCT. In English probate practice, to subduct a caveat is to withdraw it
SUBHASTARE. Lat In the civil law. To sell at public auction, which was done sub hasta, under a spear; to put or sell under the spear. Calvin.
SUBHASTATIO. Lat. In the civil law. A sale by public auction, which was done under a spear, fixed up at the place of sale as a public sign of it Calvin.
SUBINFEUDATION. The system which the feudal tenants introduced of granting smaller estates out of those which they held of their lord, to be held of themselves as inferior lords. As this system was proceed­ing downward 'ad infinitum, and depriving the lords of their feudal profits, it was en­tirely suppressed by the statute Quia Emp-tores, 18 Edw. I. c. 1., and instead of it al­ienation in the modern sense was introduced, so that thenceforth the alienee held of the same chief lord and by the same services that his alienor before him held. Brown.
SUBJECT. In logic. That concerning which the affirmation in a proposition is made; the first word in a proposition.
An individual matter considered as the ob­ject of legislation. The constitutions of sev­eral of the states require that every act of the legislature shall relate to but one subject, which shall be expressed in the title of the statute. See Ex parte Thomas, 113 Ala. 1, 21 South. 369; In re Mayer, 50 N. Y. 504; State v. County Treasurer, 4 S. C. 528; John­son v. Harrison, 47 Minn. 577, 50 N. W. 923, 28 Am. St Rep. 382.
In constitutional law. One that owes al­legiance to a sovereign and is governed by his laws. The natives of Great Britain are sub­jects of the British government. Men in free governments are subjects as well as citizens; as citizens they enjoy rights and franchises; as subjects they are bound to obey the laws. Webster. The term is little used, in this sense, in countries enjoying a republican form of government See The Pizarro, 2 Wheat. 245, 4 L. Ed. 226; U. S. v. Wong Kim Ark, 169 U. S. 649, 18 Sup. Ct 456, 42 L. Ed. 890.
In Scotch law. The thing which is the object of an agreement


SUBJECTION. The obligation of one or more persons to act at the discretion or ac­cording to the judgment and will of others.
SUBJECT-MATTER. The thing in con­troversy, or the matter spoken or written about.
Sublata causa tollitnr effectus. Co.
Litt. 303. The cause being removed the ef­fect ceases.
Sublata veneratione magistratuum, respnblica rait. When respect for magis­trates is taken away, the commonwealth falls. Jenk. Cent. p. 43, case 81.
Sublato fnndamento cadit opus. Jenk. Cent 106. The foundation being removed, the superstructure falls.
Sublato principal!, tollitnr adjnnctnxn.
When the principal is taken away, the inci­dent is taken also. Co. Litt. 389a.
SUBLEASE. A lease by a tenant to an­other person of a part of the premises held by him; an under-lease.
SUBMISSION. A yielding to authority. A citizen is bound to submit to the laws; a child to his parents.
In practice. A submission is a covenant by which persons who have a lawsuit or dif­ference with one another name arbitrators to decide the matter, and bind themselves recip­rocally to perform what shall be arbitrated. Civ. Code La. art 3099; Garr v. Gomez, 9 Wend. <N. Y.) 661; District of Columbia v. Bailey, 171 U. S. 161, 18 Sup. Ct 868, 43 L. Ed. 118; Chorpenning v. U. S., 11 Ct CI. 628; Shed v. Railroad Co., 67 Mo. 687.
In maritime law. Submission on the part of the vanquished, and complete possession on the part of the victor, transfer property as between belligerents. The Alexander, 1 Gall. 532, Fed. Cas. No. 164.
—Submission bond. The bond by which the parties agree to submit their matters to arbitra­tion, and by which they bind themselves to abide by the award of the arbitrator, is com­monly called a "submission bond." Brown.
SUBMIT. To propound; as an advocate submits a proposition for the approval of the court
Applied to a controversy, it means to place It before a tribunal for determination.
SUBMORTGAGE. When a person who holds a mortgage as security for a loan which he has made, procures a loan to himself from a third person, and pledges his mortgage as security, he effects what is called a "submort­gage."
SUBNERVARE. To ham-string by cut­ting the sinews of the legs and thighs.
It was an old custom meretrices et impudi-cas mvliere* vubnervare. Wharton.
SUBNOTATIONS. In the civil law. Th« answers of the prince to questions which had been put to him respecting some obscure or doubtful point of law.
SUBORN. In criminal law. To procui* another to commit perjury. Steph. Crim. Law, 74.
criminal law. The offense of procuring an­other to take such a false oath as would con­stitute perjury in the principal. See Stone v. State, 118 Ga. 705, 45 S. E. 630, 98 Am. St Rep. 145; State v. Fahey, 3 Pennewill (Del.) 594, 54 Atl. 690; State v. Geer, 46 Kan. 529, 26 Pac. 1027.
SUBORNER. One who suborns or pro­cures another to commit any crime, particu­larly to commit perjury.
SUBPOENA. The process by which the attendance of a witness is required is called a "subpoena." It is a writ or order directed to a person, and requiring his attendance at a particular time and place to testify as a wit­ness. It may also require- him to bring with him any books, documents, or other things under his control which he is bound by law to produce in evidence. Code Civ. iProc. Cal. f 1985. See Dishaw v. Wadleigh, 15 App. Div. 205, 44 N. Y. Supp. 207; Alexander v. Harrison, 2 Ind. App. 47, 28 N. E. 119; Bleecker v. Carroll, 2 Abb. Prac. (N. Y.) 82.
In chancery practice. A mandatory writ or process directed to and requiring one or more persons to appear at a time to come and answer the matters charged against him or them.
—Subpoena ad testificandum. Subpoena to testify. The common subpoena requiring the at­tendance of a witness on a trial, inquisition, or examination. 3 Bl. Comm. 369; In re Strauss, 30 App. Div. 610, 52 N". Y. Supp. 392.—Sub­poena duces tecum. A subpoena used, not only for the purpose of compelling witnesses to attend in court, but also requiring them to "bring tcith therru books or documents which may be in their possession, and which may tend to elucidate the subject-matter of the trial. Brown; 3 Bl. Comm. 382.
SUBREPTIO. Lat In the civil law. Obtaining gifts of escheat, etc., from the king by concealing the truth. Bell; Calvin.
SUBREPTION. In French law. The fraud committed to obtain a pardon, title, or grant by alleging facts contrary to truth.
SUBROGATION. The substitution of one thing for another, or of one person into the place of another with respect to rights, claims, or securities.
Subrogation denotes the putting a third person who has paid a debt in the place of the creditor to whom he has paid it, so as that he may exercise against the debtor all


the rights which the creditor, if unpaid, might have done. Brown.
The equity by which a person who is second­arily liable for a debt, and has paid it2 is put in the place of the creditor, so as to entitle hira to make use of all the securities and remedies possessed by the creditor, in order to enforce the right of exoneration as against the principal dtbtor, or of contribution against others who are liable in the same rank as himself. Bisp. Eq. § 335. And see Fuller v. Davis, 184 111. 505, 56 N. E. 791; Chaffe v. Oliver, 39 Ark. 542; Cockrum v. West, 122 Ind. 372, 23 N. E. 140; Mansfield v. New York, 165 N. Y. 208, 58 N. E. 889; Knighton v. Curry, 62 Ala. 404; Gatewood v. Gatewood, 75 Va. 411.
Subrogation is of two kinds, either conven­tional or legal; the former being where the subrogation is express, by the acts of the creditor and the third person; the latter be­ing (as in the case of sureties) where the sub­rogation is effected or Implied by the opera­tion of the law. See Gordon v. Stewart, 4 Neb. (Unof.) 852, 96 N. W. 628; Connecticut Mut. L. Ins. Co. v. Cornwell, 72 Hun, 199, 25 N. Y. Supp. 348; Seeley v. Bacon (N. J. Ch.) 34 Atl. 140; Home Sav. Bank v. Bier-stadt, 168 111. 618, 48 N. E. 161, 61 Am. St Rep. 146.
SUBROGEE. A person who is subrogat­ed; one who succeeds to the rights of another by subrogation.
SUBSCRIBE. In the law of contracts. To write under; to write the name under; to write the name at the bottom or end of a writing. Wild Cat Branch v. Ball, 45 Ind< 213; Davis v. Shields, 26 Wend. (N. Y.) 341.
SUBSCRIBER. One who writes his name under a written instrument; one who affixes his signature to any document, wheth­er for the purpose of authenticating or attest­ing it, of adopting its terms as his own ex­pressions, or of binding himself by an engage­ment which it contains.
witnesses or attests the signature of a party to an instrument, and in testimony thereof subscribes his own name to the document.
A subscribing witness is one who sees a writing executed, or hears it acknowledged, and at the request of the party thereupon signs his name as a witness. Code Civ. Proc. Gal. § 1935.
SUBSCRIPTIO. Lat In the civil law. A. writing under, or under-writing; a writ­ing of the name under or at the bottom of an instrument by way of attestation or ratifica­tion; subscription.
That kind of imperial constitution which was granted in answer to the prayer of a pe­titioner who was present. Calvin.
SUBSCRIPTION. The act of writing one's name under a written instrument; the affixing one's signature to any document,
whether for the purpose of authenticating or attesting it, of adopting its terms as one's own expressions, or of binding one's self by an engagement which it contains.
Subscription is the act of the hand, while attestation is the act of the senses. To sub­scribe a paper published as a will is only to write on the same paper the name of the wit­ness; to attest a will is to know that it was published as such, and to certify the facts re­quired to constitute an actual and legal publica­tion. In re Downie's Will, 42 Wis. 66, 76.
A written contract by which one engages to contribute a sum of money for a desig­nated purpose, either gratuitously, as in the case of subscribing to a charity, or in consid­eration of an equivalent to be rendered, as a subscription to a periodical, a forthcoming book, a series of entertainments, or the like.
—Subscription list. A list of subscribers to some agreement with each other or a third per­son.
SUBSEIXIA. Lat In Roman law. Lower seats or benches, occupied by the ju-dices and by inferior magistrates when they sat in judgment, as distinguished from the tribunal of the praetor. Calvin.
Subsequens matrim.on.ium tollit pecca-tum prsecedens. A subsequent marriage [of the parties] removes a previous fault, ?. e., previous illicit intercourse, and legitimates the offspring. A rule of Roman law.
SUBSIDY. In English law. An aid, tax, or tribute granted by parliament to the king for the urgent occasions of the king­dom, to be levied on every subject of ability, according to the value of his lands or goods. Jacob.
In Amerioan law. A grant of money made by government in aid of the promoters of any enterprise, work, or improvement in which the government desires to participate, or which is considered a proper subject for state aid, because likely to be of benefit to the public.
In international law. The assistance given in money by one nation to another to enable it the better to carry on a war, when such nation does not Join directly in the war. Vattel, bk. 3, § 82.
SUBSTANCE. Essence; the material or essential part of a thing, as distinguished from "form." See State v. Burgdoerfer, 107 Mo. 1, 17 S. W. 646, 14 L, R. A. 846; Hugo v. Miller, 50 Minn. 105, 52 N. W. 381; Pierson v. Insurance Co., 7 Houst (Del.) 307, 31 Atl. 966.
SUBSTANTIAL DAMAGES. A sum, as­sessed by way of damages, which is worth having; opposed to nominal damages, which


are assessed to satisfy a bare legal right. Wharton.
SUBSTANTIVE LAW. That part of the law which the courts are established to ad­minister, as opposed to the rules according to which the substantive law itself is adminis­tered. That part of the law which creates, defines, and regulates rights, as opposed to adjective or remedial law, which prescribes the method of enforcing rights or obtaining redress for their invasion.
SUBSTITUTE. One appointed In the place or stead of another, to transact business for him ; a proxy.
A person hired by one who has been draft­ed into the military service of the country, to go to the front and serve in the army in his stead.
SUBSTITUTED EXECUTOR. One ap­pointed to act in the place of another execu­tor upon the happening of a certain event; e. g., if the latter should refuse the office.
SUBSTITUTED SERVICE. In English practice. Service of process made under authorization of the court upon some other person, when the person who should be serv­ed cannot be found or cannot be reached.
In American law. Service of process up­on a defendant in any manner, authorized by statute, other than personal service within the jurisdiction; as by publication, by mail­ing a copy to .his last known address, or by personal service in another state.
SUBSTITUTES. In Scotch law. The person first called or nominated in a tailzie {entailment of an estate upon a number of heirs in succession) is called the "institute" or "heir-institute;" the rest are called "sub­stitutes."
Roman law, it was competent for a testator after instituting a hares (called the "hceres institutus") to substitute another (called the "hwres substitutus") in his place in a certain event. If the event upon which the substitu­tion was to take effect was the refusal of the instituted heir to accept the inheritance at all, then the substitution was called "vul­garis," (or common;) but if the event was the death of the infant (pupillus) after ac­ceptance, and before attaining his majority, (of fourteen years if a male, and of twelve years if a female,) then the substitution was called "pupillaris," (or for minors.) Brown.
SUBSTITUTION. In the civil law.
The putting one person in place of another; particularly, the act of a testator in naming a second devisee or legatee who is to take the bequest either on failure of the original devisee or legatee or after him.
In Scotch law. The enumeration or des­ignation of the heirs in a settlement of prop­erty. Substitutes in an entail are those heirs who are appointed in succession on failure of others.
SUBSTITUTIONAL, SUBSTITUTION­ARY. Where a will contains a gift of prop­erty to a class of persons, with a clause pro­viding that on the death of a member of the class before the period of distribution his share is to go to his issue, (if any,) so as to substitute them for him, the gift to the issue is said to be substitutional or substitutionary. A bequest to such of the children of A. as shall be living at the testator's death, with a direction that the issue of such as shall have died shall take the shares which their parents would have taken, if living at the testator's death, is an example. Sweet. See Acken v. Osborn, 45 N. J. Eq. 377, 17 Atl. 767; In re De Laveaga's Estate, 119 Cal. 651, 51 Pac 1074.
SUB STRACTION. In French law. The fraudulent appropriation of any property, but particularly of the goods of a decedent's estate.
SUBTENANT. An under-tenant; one who leases all or a part of the rented premises from the original lessee for a term less than that held by the latter. Forrest v. Durnell, 86 Tex. 647, 26 S. W. 481.
SUBTRACTION. The offense of with­holding or withdrawing from another man what by law he is entitled to. There are various descriptions of this offense, of which the principal are as follows: (1) Subtraction of suit and services, which is a species of in­jury affecting a man's real property, and con­sists of a withdrawal of (or a neglect to per­form or pay) the fealty, suit of court, rent, or services reserved by the lessor of the land. <2) Subtraction of tithes is the withholding from the parson or vicar the tithes to which he is entitled, and this is cognizable in the ecclesiastical courts. (3) Subtraction of con­jugal rights is the withdrawing or withhold­ing by a husband or wife of those rights and privileges which the law allows to either party. (4) Subtraction of legacies is the withholding or detaining of legacies by an executor. (5) Subtraction of church rates, in English law, consists in the refusal to pay the amount of rate at which any individual parishioner has been assessed for the neces­sary repairs of the parish church. Brown.
—Subtraction of conjugal rights. The act
of a husband or wife living separately from the other without a lawful cause. 3 Bl. Comm. 94.
SUBURBAN!. Lat In old English law. Husbandmen.
SUBVASSORES. In old Scotch law. Base holders; inferior holders; they who held their lands of knights. Skene.


SUCCESSIO. Let In the civil law. A coming in place of another, on his decease; a coming into the estate which a deceased person had at the time of his death. This was either by virtue of an express appoint­ment of the deceased person by his will, (ex testamento,) or by the general appointment of law in case of intestacy, (ab intestato.) Inst. 2, 9, 7; Heinecc. Mem. lib. 2, tit. 10.
SUCCESSION. In the civil law and in Louisiana. 1. The fact of the transmission of the rights, estate, obligations, and charges of a deceased person to his heir or heirs.
2.The right by which the heir can take possession of the decedent's estate. The right of the heir to step into the place of the deceased, with respect to the possession, con­trol, enjoyment, administration, and settle­ment of all the latter's property, rights, obli­gations, charges, etc.
3.The estate of a deceased person, com­prising all kinds of property owned or claim­ed by him, as well as his debts and obliga­tions, and considered as a legal entity (ac­cording to the notion of the Roman law) for certain purposes, such as collecting assets and paying debts. See Davenport v. Adler, 52 La. Ann. 263, 26 South. 836; Adams v. Aker-lund, 168 111. 632, 48 N. E. 454; Quarles v. Clayton, 87 Tenn. 308, 10 S. W. 505, 3 L. R. A. 170; State v. Payne, 129 Mo. 468, 31 S. W. 797, 33 L. R. A. 576; Blake v. McCartney, 3 Fed. Cas. 596; In re Headen's Estate, 52 Cal. 298.
Succession is the transmission of the rights and obligations of the deceased to the heirs.
Succession signifies also the estates, rights, and charges which a person leaves after his death, whether the property exceeds the charges or the charges exceed the property, or whether he has only left charges without any property.
The succession not only includes the rights and obligations of the deceased as they exist at the time of his death, but all that has ac­crued thereto since the opening of the succes­sion, as also the new charges to which it be­comes subject.
Finally, succession signifies also that right by which the heir can take possession of the estate of the deceased, such as it may be. Civ. Code La. arts. 871-874.
Succession is the coming in of another to take the property of one who dies without dis­posing of it by will. Civ. Code Cal. § 1383; Civ. Code Dak. § 776.
In common law. The right by which one set of men may, by succeeding another set, acquire a property in all the goods, movables, and other chattels of a corporation. 2 Bl. Comm. 430. The power of perpetual succes­sion is one of the peculiar properties of a cor­poration. 2 Kent, Comm. 267. See Pkb-
—Artificial succession. That attribute of a corporation by which, in contemplation of law, the company itself remains always the same though its constituent members or stockholders may change from time to time. See Thomas v. Dakin, 22 Wend. (N. Y.) 100.—Hereditary succession. Descent or title by descent at common law; the title whereby a man on the
death of his ancestor acquires his estate by right of representation as his heir at law. See In re Donahue's Estate, 36 Cal. 332; Bar­clay v. ^ Cameron, 25 Tex. 241.—Intestate succession. The succession of an heir at law to the property and estate of his ancestor when the latter has died intestate, or leaving a will which has been annulled or set aside. Civ. Code La. 1900, art. 1096.—Irregular succes­sion. That which is established by law in favor of certain persons, or of the state, in default of heirs, either legal or instituted by testament. Civ. Code La. 1900, art. 878.— Legal succession. That which the law es­tablishes in favor of the nearest relation of a deceased person.—Natural succession. Suc­cession taking place between natural persons, for example, in descent on the death of an ancestor. Thomas v. Dakin, 22 Wend. (N. Y.) 100.—Succession duty. In English law. This is a duty, (varying from one to ten per cent.,) payable under the statute 16 & 17 Vict. c. 51, in respect chiefly of real estate and lease­holds, but generally in respect of all property (not already chargeable with legacy duty) de­volving upon any one in consequence of any death. Brown.—Succession tax. A tax im­posed upon the succession to, or devolution of, real property by devise, deed, or intestate suc­cession. See Ferry v. Campbell, 110 Iowa, 290, 81 N. W. 604; 50 L. R. A. 92; Scholey v. Rew, 23 Wall. 346. 23 L. Ed. 99: State v. Switzler, 143 Mo. 287, 45 S. W. 245, 40 L. R. A. 280, 65 Am. St. Rep. 653; Peters v. Lynchburg, 76 Va. 929.—Testamentary succession. In the civil law, that which re­sults from the institution of an heir in a testa­ment executed in the form prescribed by law. Civ. Code La. 1900, art. 876.—Vacant succes­sion. A succession is called "vacant" when no one claims it, or when all the heirs are un­known, or when all the known heirs to it have renounced it. Civ. Code La. art. 1095. Sim­mons v. Saul, 138 U. S. 439, 11 Sup. Ct. 369, 84 L. Ed. 1054.
SUCCESSOR. One who succeeds to the rights or the place of another; particularly, the person or persons who constitute a cor­poration after the death or removal of those who preceded them as corporators. : One who has been appointed or elected to hold an office after the term of the present Incumbent.
—Singular successor. A term borrowed from the civil law, denoting a person who suc­ceeds to the rights of a former owner in a single article of property, (as by purchase,) as dis­tinguished from a universal successor, who suc­ceeds to all the rights and powers of a former owner, as in the case of a bankrupt or intestate estate.
Succurritur minor i; facilis est lapsus juventutis. A minor is [to be] aided; a mistake of youth/ is easy, [youth is liable to err.] Jenk. Cent. p. 47, case 89.
SUCKEN, SUCHEN. In Scotch law. The whole lands astricted to a mill; that is, the lands of which the tenants are obliged to send their grain to that mill. Bell.
common-law definition of manslaughter, this phrase means an access of rage or anger, sud­denly arising from a contemporary provoca­tion. It means that the provocation must arise at the time of the killing, and that the


passion is not the result of a former provoca­tion, and the act must be directly caused by the passion arising out of the provocation at the time of the homicide. It is not enough that the mind is agitated by passion arising from a former or other provocation or a provocation given by some other person. Stell v. State (Tex. Cr. App.) 58 S. W. 75. And see Farrar v. State, 29 Tex. App. 250, 15 S. W. 719; Violett v. Comm. (Ky.) 72 S. W. 1; State v. Cheatwood, 2 Hill, Law (S. C.) 462.
SUDDER. In Hindu law. The best; the fore-court of a house; the chief seat of gov­ernment, contradistinguished from "mofus-sil," or interior of the country; the presiden­cy. Wharton.
SUE. To prosecute by law; to commence legal proceedings against a party. It is ap­plied almost exclusively to the institution and prosecution of a civil action. See Chal-lenor v. Niles, 78 111. 78; Murphy v. Cochran, 1 Hill (N. Y.) 342; Kuklence v. Vocht, 4 Pa. Co. Ct. R. 372; U. S. v. Moore (C. C.) 11 Fed. 251.
—Sue out. To obtain by application; to peti­tion for and take out. Properly the term is applied only to the obtaining and issuing of such process as is only accorded upon an ap­plication first made; but conventionally it is also used of the taking out of process which issues of course. The term is occasionally used of instruments other than writs. Thus, we speak of "suing out" a pardon. See South Missouri Lumber Co. v. Wright, 114 Mo. 326, 21 S. W. 811; Kelley v. Vincent, 8 Ohio St. 420; U. S. v. American Lumber Co., 85 Fed. 830, 29 a C. A. 431.
SUERTE. In Spanish law. A small lot of ground. Particularly, such a lot within the limits of a city or town used for cul­tivation or planting as a garden, vineyard ©r orchard. Building lots in towns and cities are called "solares." Hart v. Burnett, 15 Cal. 554.
SUFFER. To suffer an act to be done, by a person who can prevent it, is to permit or consent to it; to approve of it, and not to hinder it. It implies a willingness of the mind. See In re Rome Planing Mill (C C.) 96 Fed. 815; Wilson v. Nelson, 183 U. S. 191, 22 Sup. Ct. 74, 46 L. Ed. 147; Selleck v. Selleck, 19 Conn. 505; Gregory v. U. S., 10 Fed. Cas. 1197; In re Thomas (D. C.) 103 Fed. 274.
SUFFERANCE. Toleration; negative permission by not forbidding; passive con­sent ; license implied from the omission or neglect to enforce an adverse right.
—Sufferance -wharves. In English law. These are wharves in which goods may be land­ed before any duty is paid. They are appointed for the purpose by the commissioners of the customs. 2 Steph. Comm. 500, note.
SUFFERENTIA FACIS. Lat A grant or sufferance of peace or truce.
SUFFERING A RECOVERY. A re­covery was effected by the party wishing to convey the land suffering a fictitious action to be brought against him by the party to whom the land was to be conveyed, (the de­mandant,) and allowing the demandant to recover a judgment against him for the land in question. The vendor, or conveying par­ty, in thus assisting or permitting the de­mandant so to recover a judgment against him, was thence technically said to "suffer a recovery." Brown.
SUFFICIENT. As to sufficient "Consid­eration" and "Evidence," see those titles.
SUFFRAGAN. Bishops who in former times were appointed to supply the place of others during their absence on embassies or other business were so termed. They were consecrated as other bishops were, and were anciently called "chorepiscopi," or "bishops of the county," in contradistinction to the regular bishops of the city or see. The prac­tice of creating suffragan bishops, after hav­ing long been discontinued, was recently re­vived ; and such bishops are now permanent­ly "assistant" to the bishops. Brown.
A suffragan is a titular bishop ordained to aid and assist the bishop of the diocese in his spiritual function; or one who supplieth the place instead of the bishop, by whose suffrage ecclesiastical causes or matters committed to him are to be adjudged, acted on, or determined. Some writers call these suffragans by the name of "subsidiary bishops." Tomlins.
SUFFRAGE. A vote; the act of voting; the right or privilege of casting a vote at public elections. The last is the meaning of the term in such phrases as "the extension of the suffrage," "universal suffrage," etc. See Spitzer v. Fulton, 33 Misc. Rep. 257, 68 N. Y. Supp. 660.
SUFFRAGIUM. Lat In Roman law. A vote; the right of voting in the assemblies of the people.
Aid or influence used or promised to ob­tain some honor or office; the purchase of office. Cod. 4, 3.
SUGGESTIO FALSI. Lat. Suggestion or representation of that which is false; false representation. To recite In a deed that a will was duly executed, when it was not, is suggestio falsi; and to conceal from the heir that the will was not duly executed Is suppressio veri. 1 P. Wms. 240.
SUGGESTION. In practice. A state­ment, formally entered on the record, of some fact or circumstance which will mate­rially affect the further proceedings in the cause, or which Is necessary to be brought to the knowledge of the court in order to its right disposition of th* action, but which, for some reason, cannot be pleaded. Thus, if one of the parties dies after issue and be-

fore trial, his death may be suggested on the record.
phrase which has been used by some writ­ers to signify the same thing as "leading question." 2 Benth. Jud. Ev. b. 3, c 3. It Is used in the French law.
STJI GENERIS. Lat Of its own kind or class; i. e., the only one of its own kind; peculiar.
SUI HJBREDES. Lat In the civil law. One's own heirs; proper heirs. Inst 2, 19, 2.
SUI JURIS. Lat Of his own right; possessing full social and civil rights; not under any legal disability, or the power of another, or guardianship.
Having capacity to manage one's own af­fairs; not under legal disability to act for one's self. Story, Ag. § 2.
SUICIDE. Suicide is the willful and vol­untary act of a person who understands the physical nature of the act, and intends by it to accomplish the result of self-destruction. Nimick v. Mutual Life Ins. Co., 10 Am. Law Reg. (N. S.) 101, Fed. Cas. No. 10,266.
Suicide is the deliberate termination of one's existence, while in the possession and enjoyment of his mental faculties. Self-killing by an in­sane person is not suicide. See Insurance Co. v. Moore, 34 Mich. 41; Weber v. Supreme Tent, 172 N. Y. 490, 65 N. E. 258, 92 Am. St. Rep. 753; Clift v. Schwabe, 3 C. B. 458; Knights Templars, etc., Indemnity Co. v. Jarman, 187 U. S. 197, 23 Sup. Ct. 108, 47 L. Ed. 139; Breasted v. Farmers' L. & T. Co., 8 N. Y. 299, 59 Am. Dec. 482; Daniels v. Railroad Co., 183 Mass. 393, 67 N. E. 424, 62 L. R. A. 751.
a clause in an English policy of marine in­surance, generally in the following form: "In case of any loss or misfortune, it shall be lawful for the assured, their factors, serv­ants and assigns, to sue, labor, and travel for, in, and about the defense, safeguard, and recovery of the" property insured, "with­out prejudice to this insurance; to the char­ges whereof we, the assurers, will contri­bute." The object of the clause is to en­courage the assured to exert themselves in preserving the property from loss. Sweet
SUIT. In old English law. The wit­nesses or followers of the plaintiff. 3 Bl. Comm. 295. See Secta.
Old books mention the word in many con­nections which are now disused,—at least in the United States. Thus, "suit" was used of following any one, or in the sense of pur­suit; as in the phrase "making fresh suit." It was also used of a petition to the king or lord. "Suit of court" was the attendance which a tenant ov* ed at the court of his lord. Bl.Law Dict.<2d Ed.)—71
"Suit covenant" and "suit custom" seem tc have signified a right to one's attendance, oi one's obligation to attend, at the lord's court founded upon a known covenant, or an im­memorial usage or practice of ancestors. "Suit regal" was attendance at the sheriff's tourn or leet, (his court.) "Suit of the king's peace" was pursuing an offender, — one charged with breach of the peace. Abbott
In modern law. "Suit" is a generic term, of comprehensive signification, and ap­plies to any proceeding in a court of justice in which the plaintiff pursues, in such court, the remedy which the law affords him for the redress of an injury or the recovery of a right. See Kohl v. U. S., 91 U. S. 375, 23 L. Ed. 449; Weston y. Charleston, 2 Pet 464, 7 L. Ed. 481; Drake v. Gilmore, 52 N. Y. 393; Philadelphia, etc., Iron Co. v. Chi­cago, 158 111. 9, 41 N. E. 1102; Cohens v. Vir­ginia, 6 Wheat 405, 5 L. Ed. 257.
It is, however, seldom applied to a crim­inal prosecution. And it is sometimes re­stricted to the designation of a proceeding in equity, to distinguish such proceeding from an action at law.
•—Suit of court. This phrase denoted the duty of attending the lord's court, and, in com­mon with fealty, was one of the incidents of a feudal holding. Brown.—Suit of the king's peace. The pursuing a man for breach of the king's peace by treasons, insurrections, or tres­passes. Cowell.—Suit money. An allowance, in the nature of temporary alimony, authorized by statute in some states to be made to a wife on the institution of her suit for divorce, intended to cover the reasonable expenses of the suit and to provide her with means for the efficient preparation and trial of her case. See Yost v. Yost, 141 Ind. 584, 41 N. E. 11. —Suit silver. A small sum of money paid in lieu of attendance at the court-baron. Cow­ell.
SUITAS. Lat In the civil law. The condition or quality of a suus hceres, or prop­er heir. Hallifax, Civil Law, b. 2, c. 9, no. 11; Calvin.
SUITE. Those persons who by his au­thority follow or attend an ambassador or other public minister.
SUITOR. A party to a suit or action In court. In its ancient sense, "suitor" meant one who was bound to attend the county court; also one who formed part of the secta.
SUITORS' DEPOSIT ACCOUNT. For­merly suitors in the English court of chan­cery derived no income from their cash paid into court, unless it was invested at their request and risk. Now, however, It is pro­vided by the court of chancery (funds) act, 1872, that all money paid into court, and not required by the suitor to be invested, shall be placed on deposit and shall bear in­terest at two per cent, per annum for th« benefit of the suitor entitled to it. Sweet
SUITORS' FEE FUND. A fund in the English court of chancery into which the fees


of suitors in that court were paid, and out of which the salaries of various officers of the court were defrayed. Wharton.
England. A fund consisting of moneys which, having been paid into the court of chancery, are placed out for the benefit and better security of the suitors, including in­terest from the same. By St. 32 & 33 Vict c. 91, $ 4, the principal of this fund, amount­ing to over' £3,000,000, was transferred to the commissioners for the reduction of the national debt Mozley & Whitley.
SULCUS. In old English law. A small brook or stream of water. Cowell
SUIXERY. In old English law. A plow-land. 1 Inst 5.
SUM. In English law. A summary or abstract; a compendium; a collection. Sev­eral of the old law treatises are called "sums." Lord Hale applies the term to sum­maries of statute law. Burrill.
SUMAGE. Toll for carriage on horse­back. Cowell.
Snmma caritaa est facere justitiam singulis, et omni tempore quando ne-cesse fuerit. The greatest charity is to do justice to every one, and at any time when­ever it may be necessary. 11 Coke, 70.
Snmma est lex quae pro religion* f acit.
That is the highest law which favors re­ligion. 10 Mod. 117, 119; Broom, Max. 19.
Snmma ratio est qun pro religione facit. That consideration is strongest which determines in favor of religion. Co. Litt 341a; Broom, Max. 19.
SUMMARY, n. An abridgment; brief; compendium; also a short application to a court or judge, without the formality of a full proceeding. Wharton.
SUMMARY, adj. Immediate; peremp­tory ; off-hand; without a jury; provisional; statutory.
-Summary actions. In Scotch law. Those which are brought into court not by summons, but by petition, corresponding to summary proceedings in English courts. Bell; Brown. -Summary conviction. See Conviction. —Summary jurisdiction. See Jurisdic­tion.—Summary procedure on bills of ex­change. This phrase refers to the statute 18 & 19 Vict. c. 67, passed in 1855, for the pur­pose of facilitating the remedies on bills and notes by the prevention of frivolous or fictitious defenses. By this statute, a defendant in an action on a bill or note, brought within six months after it has become nayable, is pro­hibited from defending the action without the leave of the court or a judge. See 2 Steph. Comm. 118, note; Lush, Pr. 1027.—Summary proceeding. See Pboceeding.
SUMMER-HUS SILVER. A payment to the lords of the wood on the Wealds of Kent, who used to visit those places in sum­mer, when their under-tenants were bound to prepare little summer-houses for their re­ception, or else pay a composition in money. Cowell.
SUMMING UP, on the trial of an ac­tion by a jury, is a recapitulation of the evi­dence adduced, in order to draw the atten­tion of the jury to the salient points. The counsel for each party has the right of sum­ming up his evidence, if he has adduced any, and the judge finally sums up the whole in his charge to the jury. Smith, Act. 157. And see State v. Ezzard, 40 S. O. 312, 18 S. E. 1025.
SUMMON. In practice. To serve a sum­mons ; to cite a defendant to appear in court to answer a suit which has been begun against him; to notify the defendant that an action has been instituted against him, and that he is required to answer to it at a time and place named.
SUMMONEAS. L. Lat. In old practice. A writ of summons; a writ by which a party was summoned to appear In court
SUMMONERS. Petty ofilcers, who cite and warn persons to appear in any court Pleta, lib. 9.
SUMMONITIO. L. Lat In old Eng­lish practice. A summoning or summons; a writ by which a party was summoned to appear in court of which there were various kinds. Spelman.
Summonitiones aut citationes nullae liceant fieri intra palatium regis. 3 Inst 141. Let no summonses or citations be serv­ed within the king's palace.
SUMMONITORES SCACCARII. Offi­cers who assisted in collecting the revenues by citing the defaulters therein into the court of exchequer.
SUMMONS. In practice. A writ, di­rected to the sheriff or other proper officer, requiring him to notify the person named that an action has been commenced against him in the court whence the writ issues, and that he is required to appear, on a day nam­ed, and answer the complaint in such action. Whitney v. Blackburn, 17 Or. 564, 21 Pac. 874, 11 Am. St. Rep. 857; Horton v. Railway Co., 26 Mo. App. 358; Piano Mfg. Co. T. Kau-fert 86 Minn. 13, 89 N. W. 1124.
Civil actions in the courts of record of this state shall be commenced by the service of a summons. Code N. Y. § 127.
In Scotch law. A writ passing under the royal signet signed by a writer to the signet and containing the grounds and con-


elusions of the action, with the warrant for citing the defender. This writ corresponds to the writ of summons in English procedure. Bell; Paters. Comp.
—Summons and order. In English prac­tice. In this phrase the summons is the ap­plication to a commpn-law judge at chambers is reference to a pending action, and upon it the judge or master makes the order. Mozley & Whitley.—Summons and severance. The proper name of what is distinguished in the books by the name of "summons and severance" is "severance;" for the summons is# only a process which must, in certain cases, issue be­fore judgment of severance can be given; while severance is a judgment by which, where two or more are joined in an action, one or more of these is enabled to proceed in such action without the other or others. Jacob.
SUMMUM JUS. Lat Strict right; ex­treme right. The extremity or rigor of the law.
Summum jns, snmma injuria; snmma lex, snmma crux. Extreme law (rigor of law) is the greatest injury; strict law is great punishment. Hob. 125. That is, In­sistence upon the full measure of a man's strict legal rights may work the greatest Injury to others, unless equity can aid.
SUMNER. See Sompnoub.
SUMPTUARY "LAWS. Laws made for the purpose of restraining luxury or extrav­agance, particularly against Inordinate ex­penditures In the matter of apparel, food, furniture, eta
SUNDAY. The first day of the week Is designated by this name; also as the "Lord's Day," and as the "Sabbath."
SUO NOMINE. Lat In his own name.
SUO PERICULO. Lat At his own
peril or risk.
SUFELLEZ. Lat. In Roman law. Household furniture. Dig. 33, 10.
SUPER. Lat Upon; above; over.
—Super altum mare. On the high sea. Hob. 212; 2 Ld. Raym. 1453.—Super prsero-gativa regis. A writ which formerly lay against the king's tenant's widow for marrying without the royal license. Fitzh. Nat. Brev. 174.—Super statuto. A writ, upon the stat­ute 1 Eaw. III. c. 12, that lay against the king's tenant holding in chief. Who aliened the king's land without his license.—Super statuto de articulis cleri. A writ which lay against a sheriff or other officer who dis­trained in the king's highway, or on lands an­ciently belonging to the church.—Super stat­uto facto pour seneschal et marshal de roy, etc. A writ which lay against a steward or marshal for holding plea in his court, or for trespass or contracts not made or arising within the king's household. Wharton.—Super statuto versus servantes et laboratores. A writ which lay against him who kept any servants who had left the service of another
contrary to law.—Super visum corporis.
Upon view of the body. When an inquest is held over a body found dead, it must be super visum corporis.
Super fidem chartarum, mortuis testi-bus, erit ad patriam de necessitate re-currendum. Co. Litt. 6. The truth of char­ters Is necessarily to be referred to a jury, when the witnesses are dead.
SUPER-JURARE. Over-swearing. A term anciently used when a criminal endeav­ored to excuse himself by his own oath or the oath of one or two witnesses, and the crime objected against him was so plain and notorious that he was convicted on the oaths of many more witnesses. Wharton.
SUPERARE RATIONES. In old Scotch law. To have a balance of account due to one; to have one's expenses exceed the re­ceipts.
SUPERCARGO, An agent of the own­er of goods shipped as cargo on a vessel, who has charge 6f the cargo on board, sells the same to the best advantage in the for­eign market, buys a cargo to be brought back on the return voyage of the ship, and comes home with it.
SUPERFICIARIUS. Lat. In the civil law. He who has built upon the soil of an­other, which he has hired for a number of years or forever, yielding a yearly rent Dig. 43, 18, 1. In other words, a tenant on ground-rent
SUPERFICIES. Lat. In the civil law. The alienation by the owner of the surface of the soil of all rights necessary for building on the surface, a yearly rent being generally reserved; also a building or erection. San-dars' Just Inst (5th Ed.) 133.
Superflua non nocent. Superfluities do not prejudice. Jenk. Cent 184. Surplusage does not vitiate.
SUPERFLUOUS LANDS, in English law, are lands acquired by a railway com­pany under its statutory powers, and not required for the purposes of its undertak­ing. The company is bound within a cer­tain time to sell such lands, and, if it does not, they vest in and become the property of the owners of the adjoining lands. Sweet.
SUPERFCETATION. In medical juris­prudence. The formation of a foetus as the result of an impregnation occurring after another impregnation, but before the birth of the offspring produced by it Webster.
SUPERINDUCTIO. Lat. In the civil law. A species of obliteration. Dig. 28, 4, 1, 1.
SUPERINSTITUTION.. The institution of one in an office to which another has been


previously instituted; as where A. Is ad­mitted and instituted to a benefice upon one title, and B. is admitted and instituted on the title or presentment of another. 2 Cro. Eliz. 463.
A church being full by institution, if a second institution is granted to the same church this is a superinstitution. Wharton.
English law. An officer who superintends the registers of births, deaths, and mar­riages. There is one in every poor-law un­ion in England and Wales.
SUPERIOR. Higher; more elevated in rank or office. Possessing larger power. Entitled to command, influence, or control over another.
In estates, some are superior to others. An estate entitled to a servitude or easement over another estate is called the "superior" or "dominant," and the other, the "inferior" or "servient," estate. 1 Bouv. Inst. no. 1612.
In the feudal law, until the statute quia emptores precluded subinfeudations, (q. v.,) the tenant who granted part of his estate to be held of and from himself as lord was called a "superior."
—Superior and vassal. In Scotch law. A feudal relation corresponding with the English "lord and tenant." Bell.—Superior courts. In English law. The courts of the highest and most extensive jurisdiction, viz., the court of chancery and the three courts of common law, i. e., the queen's bench, the common pleas, and the exchequer, which sit at Westminster, were commonly thus denominated. But these courts are now united in the supreme court of judicature. In American law. Courts of general or extensive jurisdiction, as distin­guished from the inferior courts. As the official style of a tribunal, the term "superior court" bears a different meaning in different states. In some it is a court of intermediate jurisdic­tion between the trial courts and the chief ap­pellate court; elsewhere it is the designation of the ordinary ntsi prim courts; in Delaware it is the court of last resort.—Superior fel­low servant. A term recently introduced in­to the law of negligence, and meaning one higher in authority than another, and whose commands and directions his inferiors are bound to respect and obey, though engaged at the same manual work. Illinois Cent. R, Co. v. Coleman, 59 S. W. 14, 22 Ky. Law Rep. 878; Knutter v. Telephone Co., 67 N. J. Law, 646, 52 Atl. 565, 58 L. R. A. 808.—Superior force. In the law of bailments and of negligence, an uncontrollable and irresistible force, of human agency, producing results which the person in question could not avoid; equivalent to the Latin phrase "vis major." See Vis."
SUPERIORITY. In Scotch law. The dominium directum of lands, without the profit. 1 Forb. Inst. pt. 2, p. 97.
SUPERNUMERARII. Lat In Roman law. Advocates who were not registered or enrolled and did not belong to the col­lege of advocates. They were not attached to any local jurisdiction. See Stattjti.
SUPERONERATIO. Lat. Surcharging a common; i. e., putting in beasts of a num-
ber or kind other than the right of common allows.
—Superoneratione pasturse. A judicial writ that lay against nim who was impleaded in the county court for the surcharge of a com­mon with his cattle, in a case where he was formerly impleaded for it in the same court, and the cause was removed into one of the superior courts.
SUFERPEUSAGIUM. In old English law. Overplus; surplus; residue or balance. Bract, fol. 301; Spelman.
SUPERSEDE. To annul; to stay; to suspend. Thus, it is said that the proceed­ings of outlawry may be superseded by the entry of appearance before the return of the exigent, or that the court would supersede a fiat in bankruptcy, if found to have been improperly issued. Brown.
SUPERSEDEAS. Lat In practice, A writ ordering the suspension or superseding of another writ previously issued. It directs the officer to whom it is issued to refrain from executing or acting under another writ which is in his hands or may come to him.
By a conventional extension of the term it has come to be used as a designation of the effect of any proceeding or act in a cause which, of its own force, causes a sus­pension or stay of proceedings. Thus, when we say that a writ of error is a supersedeas, we merely mean that it has the same effect, of suspending proceedings in the court be­low, which would have been produced by a writ of supersedeas. See Tyler v. Presley, 72 Cal. 290, 13 Pac. 856; Woolfolk v. Bruns, 45 Minn. 96, 47 N. W. 460; Hovey v. Mc­Donald, 109 U. S. 150, 3 Sup. Ct. 136, 27 L. Ed. 888; Runyon v. Bennett, 4 Dana (Ky.) 599, 29 Am. Dec. 431.
SUPERSTITIOUS USE. In English law. When lands, tenements, rents, goods, or chattels are given, secured, or appointed for and towards the maintenance of a priest or chaplain to say mass, for the maintenance of a priest or other man to pray for the soul of any dead man in such a church or else­where, to have and maintain perpetual obits, lamps, torches, etc., to be used at certain times to help to save the souls of men out of purgatory,—in such cases the king, by force of several statutes, is authorized to direct and appoint all such uses to such purposes as are truly charitable. Bac. Abr. "Charitable Uses." See Methodist Church v. Remington, 1 Watts (Pa.) 225, 26 Am. Dec. 61; Harrison t. Brophy, 59 Kan. 1, 51 Pac. 883, 40 L. R. A. 721.
SUPERVISOR. A surveyor or overseer; a highway officer. Also, in some states, the chief officer of a town; one of a board of county officers.
—Supervisors of election. Persons appoint­ed and commissioned by the judge of the cir-


cuit court of the United States in cities or towns of over 20,000 inhabitants, upon the written application of two citizens, or in any county or parish of any congressional district upon that of ten citizens, to attend at all times and places fixed for the registration of voters for representatives and delegates in congress, and supervise the registry and mark the list of voters in such manner as will in their judgment detect and expose the improper removal or addition of any name. Rev. St. U. S. § 2011, et seq.
Scotch practice. A process by which a party not residing within the jurisdiction of an in­ferior court may be cited to appear before It Bell.
SUPPLEMENTAL. Something added to supply defects in the thing to which it is added, or in aid of which it is made.
—Supplemental affidavit. An affidavit made in addition to a previous one, in order to supply some deficiency in it. Callan v. Lu-kens, 89 Pa. 136.—Supplemental answer. One which was filed in chancery for the pur­pose of correcting, adding to, and explaining an answer already filed. Smith, Ch. Pr. 334. French v. Edwards, 9 Fed. Cas. 780.—Supple­mental bill. In equity pleading. A bill filed in addition to an original bill, in order to supply some defect in its original frame or structure. It is the appropriate remedy where the matter sought to be supplied cannot be introduced by amendment. Story, Eq. PI. §§ 332-338: Bloxham v. Railroad Co., 39 Fla. 243, 22 South. 697; Schwab v. Schwab, 93 Md. 382, 49 Atl. 331, 52 L. R. A. 414; Thompson v. Railroad Co. (C. C.) 119 Fed. 634; Butler v. Cunningham, 1 Barb. (N. Y.) 87; Bowie ?. Minter, 2 Ala. 411.—Supplemental claim. A further claim which was filed when further-relief was sought after the bringing of a claim. Smith, Ch. Pr. 655.—Supplemental com­plaint. Under the codes of practice obtaining in some of the states, this name is given to a complaint filed in an action, for the purpose of supplying some defect or omission in the original complaint, or of adding something to it which could not properly be introduced by amendment. See Pouder v. Tate, 132 Ind. 327, 30 N. E. 880; Plumer v. McDonald Lumber Co., 74 Wis. 137, 42 N. W. 250.
SUPPLIANT. The actor in, or party pre­ferring, a petition of right
SUPPLICATIO. Lat In the civil law. A petition for pardon of a first offense; also a petition for reversal of judgment; also equivalent to "duplicatio," which corresponds to the common law rejoinder. Calvin.
SUPPLICAVIT. In English law. The name of a writ Issuing out of the king's bench or chancery for taking sureties of the peace. It is commonly directed to the justices of the peace, when they are averse to acting in the affair in their judicial capacity. 4 Bl. Comm. 253.
SUPPLICIUM. Lat In the civil law. Punishment; corporal punishment for crime. Death was called "ultimum supplicium" the last or extreme penalty.
SUPPLIES. In English law. The "sup­plies" in parliamentary proceedings signify the sums of money which are annually voted by the house of commons for the maintenance of the crown and the various public services. Jacob; Brown.
SUPPLY, COMMISSIONERS OF. Per­sons appointed to levy the land-tax in Scot­land, and to cause a valuation roll to be an­nually made up, and to perform other duties in their respective counties. Bell.
SUPPLY, COMMITTEE OF. In Eng­lish law. All bills which relate to the pub­lic income or expenditure must originate with the house of commons, and all bills au­thorizing expenditure of the public money are based upon resolutions moved in a com­mittee of supply, which is always a commit­tee of the whole house. Wharton.
SUPPORT, v. To support a rule or or­der is to argue in answer to the arguments of the party who has shown cause against a rule or order nisi.
SUPPORT, ». The right of support is an easement consisting in the privilege of resting the joists or beams of one's house up­on, or inserting their ends into, the wall of an adjoining house belonging to another own­er. It may arise either from contract or pre­scription. 3 Kent, Comm. 436.
Support also signifies the right to have one's ground supported so that it will not cave in, when an adjoining owner makes an excavation.
SUPPRESSIO VERI. Lat Suppres­sion or concealment of the truth. "It is a rule of equity, as well as of law, that a sup-pressio veri is equivalent to a suggestio falsi; and where either the suppression of the truth or the suggestion of what is false can be proved, in a fact material to the contract the party injured may have relief against the contract" Fleming v. Slocum, 18 Johns. (N. Y.) 405, 9 Am. Dec. 224.
Suppressio veri, expressio falsi. Sup­pression of the truth is [equivalent to] the expression of what is false. Addington v. Allen, 11 Wend. (N. Y.) 374, 417.
Suppressio veri, suggestio falsi. Sup­pression of the truth is [equivalent to] the suggestion of what is false. Paul v. Had-ley, 23 Barb. (N. Y.) 521, 525.
SUPRA. Lat Above; upon. This word occurring by itself in a book refers the reader to a previous part of the book, like "ante;" it is also the initial word of several Latin phrases.
—Supra protest. See Protest.—Supra-riparian. Upper riparian; higher up the stream. This term is applied to the estate, rights, or duties of a riparian proprietor whose land is situated at a point nearer the source of the stream than the estate with which it is compared.


Snprema potestas seipsam dissolvere potest. Supreme power can dissolve itself. Bac. Max.
SUPREMACY. The state of being su­preme, or in the highest station of power; paramount authority; sovereignty; sover­eign power.
—Act of supremacy. The English statute 1 Ehz. c. 1, whereby the supremacy and auton­omy of the crown in spiritual or ecclesiastical matters was declared and established.—Oath. of supremacy. An oath to uphold the su­preme power of the kingdom of England in the person of the reigning sovereign.
SUPREME COURT. A court of high powers and extensive jurisdiction, existing | in most of the states. In some it is the offi­cial style of the chief appellate court or court of last resort. In others (as New Jersey and New York) the supreme court is a court of general original jurisdiction, possessing also (in New York) some appellate jurisdiction, but not the court of last resort.
—Supreme court of errors. In American law. An appellate tribunal, and the court of last resort, in the state of Connecticut.—Su­preme court of the United States. The
court of last resort in the federal judicial sys­tem. It is vested by the constitution with 1 original jurisdiction in all cases affecting am­bassadors, public ministers, and consuls, and those in which a state is a party, and appellate jurisdiction over all other cases within the judicial power of the United States, both as to law and fact, with such exceptions and under such regulations as congress may make. Its appellate powers extend to the subordinate federal courts, and also (in certain cases) to the supreme courts of the several states. The court is composed of a chief justice and eight as­sociate justices.—Supreme judicial court. In American law. An appellate tribunal, and the court of last resort, in the states of Maine, Massachusetts, and New Hampshire.
The court formed by the English judicature act, 1873, (as modified by the judicature act, 1875, the appellate jurisdiction act, 1876, and the judicature acts of 1877, 1879, and 1881,) in substitution for the various su­perior courts of law, equity, admiralty, pro­bate, and divorce, existing when the act was passed, including the court of appeal in chan­cery and bankruptcy, and the exchequer chamber. It consists of two permanent di­visions, viz., a court of original jurisdiction, called the "high court of justice," and a court of appellate jurisdiction, called the "court of appeal." Its title of "supreme" is now a misnomer, as the superior appellate jurisdiction of the house of lords and privy council, which was originally intended to be transferred to it, has been allowed to remain. Sweet.
—High court of justice. That branch of the English supreme court of judicature (q. v.) which exercises (1) the original jurisdiction formerly exercised by the court of chancery, the courts of queen's bench, common pleas, and exchequer, the courts of probate, divorce, and admiralty, the court of common pleas at Lan­caster, the court of pleas at Durham, and the
courts of the judges or commissioners of assize: and (2) the appellate jurisdiction of such of those courts as heard appeals from inferior courts. Judicature act, 1873, § 16.
SUPREME POWER. The highest au­thority in a state, all other powers in it be­ing inferior thereto.
SUPREMUS. Lat Last; the last
Supremus est quern nemo sequitur.
He is last whom no one follows. Dig. 50, 16, 92.
SUR. Fr. On; upon; over. In the ti­tles of real actions "sur" was used to point out what the writ was founded upon. Thus, a real action brought by the owner of a re­version or seigniory, in certain cases where his tenant repudiated his tenure, was called "a writ of right sur disclaimer." So, a writ of entry sur disseisin was a real action to re­cover the possession of land from a disseisor. Sweet.
—Sur cui ante divortium. See Cui Antb Divoetium.—Sur cui in vita. A writ that lay for the heir of a woman whose husband had aliened her land in fee, and she had omitted to bring the writ of cui in mta for the recovery thereof; in which case her heir might have this writ against the tenant after her decease. Cow-ell. See Cm in Vita.—Sur disclaimer. A writ in the nature of a writ of right brought by the lord against a tenant who had disclaimed his tenure, to recover the land.—Sur mort­gage. Upon a mortgage. In some states the method of enforcing the security of a mortgage, upon default, is by a writ of "scire facias sur mortgage," which requires the defendant (mort­gagor) to show cause why it should not be fore­closed.
SURCHARGE, n. 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, v. To put more cattle upon a common than the herbage will sus­tain or than the party has a right to do. 3 Bl. Comm. 237.
In equity practice. To show that a par­ticular item, in favor of the party surcharg­ing, ought to have been included, but was not, in an account which is alleged to be settled or complete.
—Second surcharge. In English law. The surcharge of a common a second time, by the same defendant against whom the common was before admeasured, and for which the unit of second surcharge was given by the statute of Westminster, 2. 3 Bl. Comm. 239.—Sur­charge and falsify. This phrase, as used in the courts of chancery, denotes the liberty which these courts will occasionally grant to a plaintiff, who disputes an account which the defendant alleges to be settled, to scrutinize particular items therein without opening the entire account. The showing an item for which credit ought to have been given, but was not, is to surcharge the account; the proving an item to have been inserted wrongly is to falsify the account. Brown. See Philips v. Belden, 2 Edw. Ch. (N. Y.) 23; Rehill v. McTague,


114 Pa. 82, 7 Atl. 224, 60 Am. Rep. 341; Kennedy v. Adickes, 37 S. a 174, 15 S. E. 922.
SURDUS. Lat. In the civil law. Deaf; a deaf person. Inst. 2, 12, 3, Burdus et mutus, a deaf and dumb person.
SURENCHERE. In French law. A par­ty desirous of repurchasing property at auc­tion before the court, can, by offering one-tenth or one-sixth, according to the case, in addition to the price realized at the sale, oblige the property to be put up once more at auction. This bid upon a bid is called a "surenchere." Arg. Fr. Merc. Law, 575.
SURETY. A surety is one who at the re­quest of another, and for the purpose of se­curing to him a benefit, becomes responsible for the performance by the latter of some act In favor of a third person, or hypothecates property as security therefor. Civ. Code Cal. { 2831; Civ. Code Dak. § 1673.
A surety is defined as a person who, being liable to pay a debt or perform an obligation, is entitled, if it is enforced against him, to be indemnified by some other person who ought himself to have made payment or performed before the surety was compelled to do so. Smith v. Shelden, 35 Mich. 42, 24 Am. Rep. 529. And see Young v. McFadden, 125 Ind. 254, 25 N. B. 284; Wise v. Miller, 45 Ohio St 388, 14 N. E. 218; O'Conor v. Morse, 112 Cal. 31, 44 Pac. 305, 53 Am. St. Rep. 155; Hall v. Weaver (C. C.) 34 Fed. 106.
—Surety company. A company, usually in­corporated, whose business is to assume the responsibility of a surety on the bonds of offi­cers, trustees, executors, guardians, etc., in consideration of a fee proportioned to the amount of the security required.—Surety of the peace. Surety of the peace is a species of preventive justice, and consists in obliging those persons whom there is a probable ground to suspect of future misbehavior, to stipulate with, and to give full assurance to, the public that such offense as is apprehended shall not take place, by finding pledges or securities for keeping the peace, or for their good behavior. Brown. See Hyde v. Greuch, 62 Md. 582.
SURETYSHIP. The contract of surety­ship is that whereby one obligates himself to pay the debt of another in consideration of credit or indulgence, or other benefit given to his principal, the principal remaining bound therefor. It differs from a guaranty in this: that the consideration of the latter is a benefit flowing to the guarantor. Code Ga. 1882, § 2148. See Surety.
Suretyship is an accessory promise by which a person binds himself for another al­ready bound, and agrees with the creditor to satisfy the obligation, if the debtor does not Civ. Code La. art. 3035.
A contract of suretyship is a contract whereby one person engages to be answer­able for the debt default, or miscarriage of another. Pitm. Princ. & Sur. 1, 2.
For the distinctions between, "suretyship" and "guaranty," see Guaranty, n.
SURGEON. One whose profession or oc­cupation is to cure diseases or injuries of the body by manual operation; one whose occupation is to cure local injuries or disor­ders, whether by manual operation, or by medication and constitutional treatment Webster. See Smith v. Lane, 24 Hun (N. Y.) 632; Stewart v. Raab, 55 Minn. 20, 56 N. W. 256; Nelson v. State Board of Health, 108 Ky. 769, 57 S. W. 501, 50 L. R. A. 383.
SURMISE. Formerly where a defendant pleaded a local custom, for instance, a cus­tom of the city of London, it was necessary for him to "surmise," that is, to suggest that such custom should be certified to the court by the .mouth of the recorder, and without such a surmise the issue was to be tried by the country as other issues of fact are. 1 Burrows, 251; Vin. Abr. 246.
A surmise is something offered to a court to move it to grant a prohibition, audita querela, or other writ grantable thereon. Jacob.
In ecclesiastical practice, an allegation in a libel is called a "surmise." A collateral surmise is a surmise of some fact not appear­ing in the libel. Phillim. Ecc. Law, 1445.
SURNAME. The family name; the name over and above the Christian name. The part of a name which is not given in baptism; the last name; the name common to all members of a family.
SURPLICE FEES. In English ecclesias­tical law. Fees payable on ministerial offices of the church; such as baptisms, funerals, marriages, etc.
SURPLUS. That which remains of a fund appropriated for a particular purpose; the remainder of a thing; the overplus; the residue. See People's F. Ins. Co. v. Parker, 35 N. J. Law, 577; Towery v. McGaw (Ky.) 56 S. W. 727; Appeal of Coates, 2 Pa. 137. —Surplus earnings. See Earnings.
SURPLUSAGE. In pleading. Allega­tions of matter wholly foreign and imperti­nent to the cause. All matter beyond the circumstances necessary to constitute the ac­tion. Sae State v. Whitehouse, 95 Me. 179, 49 Atl. 869; Adams v. Capital State Bank, 74 Miss. 307, 20 South. 881; Bradley v. Rey­nolds, 61 Conn. 271, 23 Atl. 928.
—Surplusage of accounts. A greater dis­bursement than the charge of the accountant amounts unto. In another sense, "surplusage" is the remainder or overplus of money left. Jacob.
Surplusagium non nocet. Surplusage does no harm. 3 Bouv. Inst no. 2949; Broom, Max. 627.
SURPRISE. In equity practice. The
act by which a party who is entering into a


contract is taken unawares, by which sud­den confusion or perplexity is created, which renders it proper that a court of equity should relieve the party so surprised. 2 Brown, Ch. 150.
Anything which happens without the agen­cy or fault of the party affected by it, tend­ing to disturb and confuse the judgment, or to mislead him, and of which the opposite party takes an undue advantage, is in equity a surprise, and one species of fraud for which relief is granted. Code Ga. 1882, § 318a And see Turley v. Taylor, 6 Baxt. (Tenn.) 386; Gidionsen v. Union Depot R, Co., 129 Mo. 392, 31 S. W. 800; Fretwell v. Laffoon, 77 Mo. 27; Heath v. Scott, 65 Cal. 548, 4 Pac. 557; Zimmerer v. Fremont Nat Bank, 59 Neb. 661, 81 N. W. 849; Thompson v. Connell, 31 Or. 231, 48 Pac. 467, 65 Am. St. Rep. 818.
The situation in which a party is placed, with­out any default of his own, which will be in­jurious to his interests. Rawle v. Skipwith, 8 Mart. N. S. (La.) 407.
There does not seem anything technical or peculiar in the word "surprise," as used in courts of equity. Where a court of equity re­lieves on the ground of surprise, it does so upon the ground that the party has been taken unawares, and that he has acted without due deliberation, and under confused and sudden impressions. 1 Story, Eq. Jur. § 120, note.
In law. The general rule is that when a party or his counsel is "taken by surprise," in a material point or circumstance which could not have been anticipated, and when want of skill, care, or attention cannot be justly imputed, and injustice has been done, a new trial should be granted. Hill. New Trials, 521.
SURREBUTTER. In pleading. The plaintiff's answer of fact to the defendant's rebutter. Steph. PI. 59.
SURREJOINDER. In pleading. The plaintiff's answer of fact to the defendant's rejoinder. Steph. PI. 59.
SURRENDER. A yielding up of an es­tate tor life or years to him who has an im­mediate estate in reversion or remainder, by which the lesser estate is merged in the ^greater by mutual agreement. Co. Litt. 337&. And see Ooe v. Hobby, 72 N. Y. 145, 28 Am. Rep. 120; Gluck v. Baltimore, 81 Md. 315, 82 Atl. 515, 48 Am. St. Rep. 515; Brewer v. National Union Bldg. Ass'n, 166 111. 221, 46 N. E. 752; Dayton v. Craik, 26 Minn. 133, 1 N. W. 813; Robertson v. Winslow, 99 Mo. App. 546, 72 S. W. 442.
An assurance restoring or yielding up an estate, the operative verbs being "surrender and yield up." The term is usually applied to the giving up of a lease before the expira­tion of it Wharton.
The giving up by bail of their principal into custody, in their own discharge. 1 Bur-rill, Pr. 394.
Of charter. A corporation created by charter may give up or "surrender" its char-
ter to the people, unless the charter was granted under a statute, imposing indefeasi­ble duties on the bodies to which it applies. Grant, Corp. 45.
—Surrender by bail. The act, by bail or sureties in a recognizance, of giving up their principal again into custody.—Surrender by operation of law. This phrase is properly applied to cases where the tenant for life or years has been a party to some act the validity of which he is by law afterwards estopped from disputing, and which would not be valid if his particular estate continued to exist Copper v. Fretnoransky (Com. PI.) 16 N. Y. Supp. 866; Ledsinger v, Burke, 113 Ga. 74, 38 S. E. 313; Brown v. Cairns, 107 Iowa, 727, 77 N. W. 478; Lewis v. Angermiller, 89 Hun, 65, 35 N. Y. Supp. 69.—Surrender of copyhold. The mode of conveying or transferring copyhold property from one person to another is by means of a surrender, which consists in the yielding up of the estate by the tenant into the hands of the lord for such purposes as are expressed in the surrender. The process in most manors is for the tenant to come to the steward, either in court or out of court, or else to two customary tenants of the same manor, provided there be a custom to warrant it, and there, by delivering up a rod, a glove, or other symbol, as the custom directs, to resign into the hands of the lord, by the hands and ac­ceptance of his steward, or of the said two tenants, all his interest and title to the estate, in trust, to be again granted out by the lord to such persons and for such uses as are named in the surrender, and as the custom of the manor will warrant. Brown.—Surrender of criminals. The act by which the public au­thorities deliver a person accused of a crime, and who is found in their jurisdiction, to the authorities within whose jurisdiction it is al­leged the crime has been committed.—Surren­der of a preference. In bankruptcy practice. The surrender to the assignee in bankruptcy, by a preferred creditor, of anything he may have received under his preference and any advantage it gives him, which he must do be­fore he can share in the dividend. In re Richt-er's Estate, 1 Dill. 544, Fed. Cas. No. 11,803. —Surrender to uses of will. Formerly a copyhold interest would not pass by will un­less it had been surrendered to the use of the will. By St. 55 Geo. III. c. 192, this is no longer necessary. 1 Steph. Gomm. 639; Moz-ley & Whitley.
SURRENDEREE. The person to whom a surrender is made.
SURRENDEROR. One who makes a surrender. One who yields up a copyhold es­tate for the purpose of conveying it
SURREPTITIOUS. Stealthily or fraud­ulently done, taken away, or introduced.
SURROGATE. In English law. One
that is substituted or appointed in the room of another, as by a bishop, chancellor, judge, etc.; especially an officer appointed to dis­pense licenses to marry without banns. 2 Steph. Comm. 247.
In American law. The name given in some of the states to the judge or judicial of­ficer who has the administration of probate matters, guardianships, etc. See Malone v. Sts. Peter & Paul's Church, 172 N. Y. 269, 64 N. E. 961.
—Surrogate's court. In the United States. A state tribunal, with similar jurisdiction to


the court of ordinary, court of probate, etc., relating to matters of probate, etc. 2 Kent, Comm. 409, note b. And see Robinson v. Fair, 128 U. S. 53, 9 Sup. Ct. 30, 32 L. Ed. 415; In re Hawley, 104 N. Y. 250, 10 N. E. 352.
SURSISE. L. Fr. In old English law. Neglect; omission; default; cessation.
SURSUM BEDDERE. Lat In old con­veyancing. To render up; to surrender.
SURSUMREDDITIO. Lat A surren­der.
SURVEY. The process by which a par­cel of land is measured and its contents ascer­tained ; also a statement of the result of such survey, with the courses and distances and the quantity of the land.
In insurance law, the term "the survey" has acquired a general meaning, inclusive of what is commonly called the "application," which contains the questions propounded on behalf of the company, and the answers of the assured. Albion Lead Works v. Williams­burg City F. Ins. Co. (C. C.) 2 Fed. 484; May v. Buckeye Ins. Co., 25 Wis. 291, 3 Am. Rep.
—Survey of a vessel. A public document, looked to both by underwriters and owners, as affording the means of ascertaining, at the time and place, the state and condition of the ship and other property at hazard. Potter v. Ocean Ins. Co., 3 Sumn. 43, 19 Fed. Cas. 1,173; Hathaway v. Sun Mut. Ins. Co., 8 Bosw. (N. Y.) 68.
SURVEYOR. One who makes surveys of land; one who has the overseeing or care of another person's land or works.
—Surveyor of highways. In English law. A person elected by the inhabitants of a parish, in vestry assembled, to survey the highways therein. He must possess certain qualifications in point of property; and, when elected, he is compellable, unless he can show some grounds of exemption, to take tipon himself the office. Mozley & Whitley.—Surveyor of the port. A revenue officer of the United States appoint­ed for each of the principal ports of entry, whose duties chiefly concern the importations at his station and the determination of their amount and valuation. Rev. St. U. S. i 2627 (U. S. Comp. St. 1901, p. 1810).
SURVIVOR. One who survives another; one who outlives another; one of two or more persons who lives after the death of the other or others.
SURVIVORSHIP. The living of one of two or more persons after the death of the other or others.
Survivorship is where a person becomes entitled to property by reason of his having survived another person who had an interest in It The most familiar example is in the case of joint tenants, the rule being that on the death of one of two joint tenants the whole property passes to the survivor. Sweet
SUS. PER COLL. An abbreviation of Msuspendatur per collum," let him be hanged
by the neck. Words formerly used in Eng­land in signing judgment against a prisoner who was to be executed; being written by the judge in the margin of the sheriff's cal­endar or list opposite the prisoner's name. 4 Bl. Comm. 403.
SUSPEND. To interrupt; to cause to cease for a time; to stay, delay, or hinder; to discontinue temporarily, but with an ex­pectation or purpose of resumption. To for­bid a public officer, attorney, or ecclesiastical person from performing his duties or exer­cising his functions ilor a more or less definite interval of time. See Insurance Co. v. Aiken, 82 Va. 428; Stack v. O'Hara, 98 Pa. 232; Reeside v. U. S., 8 Wall. 42, 19 L.. Ed. 318; Williston v. Camp, 9 Mont. 88, 22 Pac. 501; Dyer v. Dyer, 17 R. I. 547, 23 Atl. 910; State v. Melvin, 166 Mo. 565, 66 S. W. 534; Poe v. State, 72 Tex. 625, 10 S. W. 732. See Sus­pension.
SUSPENDER. In Scotch law. He in whose favor a suspension is made.
SUSPENSE. When a rent profit A pren­dre, and the like, are, in consequence of the unity of possession of the rent, etc., of the land out of which they issue, not in esse for a time, they are said to be in suspense, tunc dormiunt; but they may be revived or awak­ened. Co. Litt 313a.
SUSPENSION. A temporary stop of a right, of a law, and the like. Thus, we speak of a suspension of the writ of habeas corpus, of a statute, of the power of alienating an estate, of a person in office, etc.
Suspension of a right in an estate is a tem­porary or partial withholding of it from use or exercise. It differs from extinguishment because a suspended right is susceptible of being revived, which is not the case where the right was extinguished.
In ecclesiastical law. An ecclesiastical censure, by which a spiritual person is either interdicted the exercise of his ecclesiastical function or hindered from receiving the prof­its of his benefice. It may be partial or total, for a limited time, or forever, when it is called "deprivation" or "amotion." Ayl. Par. 501.
In Scotch law. A stay of execution un­til after a further consideration of the cause. Ersk. Inst 4, 3, 5.
—Pleas in suspension, were those which showed some matter of temporary incapacity to proceed with the action or suit. Steph. PL 45.—Suspension of arms. An agreement be­tween belligerents, made for a short time or for a particular place, to cease hostilities.
SUSPICION. The act of suspecting, or the state of being suspected; imagination, generally of something ijl; distrust; mis­trust; doubt McCalla v. State, 66 Oa. 348.


criminal laws of some of the states, a person who is known or strongly suspected to be an habitual criminal, or against whom there is reasonable cause to believe that he has com­mitted a crime or is planning or intending to commit one, or whose actions and behavior give good ground for suspicion and who can give no good account of himself, and who may therefore be arrested or required to give se­curity for good behavior. See McFadin v. San Antonio, 22 Tex. Civ. App. 140, 54 S. W. 48; People v. Russell, 35 Misc. Rep. 765, 72 N. Y. Supp. 1; 4 BL Comm. 252.
SUTHDURE. The south door of a church, where canonical purgation was performed, and plaints, etc., were heard and determined. Wharton.
SUTLER. A person who, as a business, follows an army and sells provisions and liquor to the troops.
render to every one his own. One of the three fundamental maxims of the law laid down by Justinian.
SUUS HiERES. Lat. In the civil law. Those descendants who were under the power of the deceased at the time of his death, and who are most nearly related to him. Calvin.
SUUS JUDEX. Lat In old English law. A proper judge; a judge having cognizance of a cause. Literally, one's own judge. Bract, fol. 401.
SUZEREIGN. L. Fr. In French and feudal law. The immediate vassal of the king; a crown vassal.
S W A R F-MONEY. Warth-money; or guard-money paid in lieu of the service of castle-ward. Cowell.
SWEAR. 1. To put on oath; to adminis­ter an oath to a person.
2.To take an oath; to become bound by an oath duly administered.
3.To use profane language. Swearing, in this sense, is made a punishable offense in many jurisdictions.
SWEARING THE PEACE. Showing to a magistrate that one has just cause to be afraid of another in consequence of his mena­ces, in order to have him bound over to keep the peace.
SWEEPING. Comprehensive; including In its scope many persons or objects; as a sweeping objection.
SWEIN. In old English law. A freeman or freeholder within the forest.
SWEINMOTE. In forest law. A court holden before the verderors, as judges, by the steward of the sweinmote, thrice in ev­ery year, the sweins or freeholders within the forest composing the jury. Its principal ju­risdiction was—First, to inquire into the op­pressions and grievances committed by the officers of the forest; and, secondly, to re­ceive and try presentments certified from the court of attachments in offenses against vert and venison. 3 Bl. Comm. 72.
SWELL. To enlarge or increase. In an action of tort, circumstances of aggravation may "swell" the damages.
SWIFT WITNESS. A term colloquially applied to a witness who is unduly zealous or partial for the side which calls him, and who betrays his bias by his extreme readi­ness to answer questions or volunteer infor­mation.
SWINDLING. Cheating and defrauding grossly with deliberate artifice. Wyatt v. Ayres, 2 Port. (Ala.) 157; Forrest v. Hanson, 9 Fed. Cas. 456; Thorpe v. State, 40 Tex. Cr. R. 346, 50 S. W. 383; Chase v. Whitlock, 3 Hill (N. Y.) 140; Stevenson v. Hayden, 2 Mass. 408.
By the statute, "swindling" is defined to be the acquisition of personal or movable property, money, or instrument of writing conveying or securing a valuable right, by means of some false or deceitful pretense or device, or fraudulent representation, with in­tent to appropriate the same to the use of the party so acquiring, or of destroying or im­pairing the rights of the party justly entitled to the same. Pen. Code Tex. art 790; May v. State, 15 Tex. App. 436.
SWOLING OF LAND. So much land as one's plow can till in a year; a hide of land. Cowell.
SWORN BROTHERS. In old English law. Persons who, by mutual oaths, cove­nant to share in each other's fortunes.
Certain officers in the English court of chan­cery, whose duties were to keep the records, make copies of pleadings, etc. Their offices were abolished by St. 5 & 6 Vict c. 103.
SYB AND SOM. A Saxon form of greet­ing, meaning peace and safety.
SYLLABUS. A head-note; a note prefix­ed to the report of an adjudged case, con­taining an epitome or brief statement of the rulings of the court upon the point or points decided in the case. See Koonce v. Doolit-tle, 48 W. Va. 592, 37 S. E. 645.


SYLLOGISM. In logic. The full logic­al form of a single argument. It consists of three propositions, (two premises and the conclusion,) and these contain three terms, of which the two occurring in the conclusion are brought together in the premises by being referred to a common class.
SYLVA C32DUA. Lat In ecclesiastical law. Wood of any kind which was kept on purpose to be cut, and which, being cut, grew again from the stump or root. Lynd. Prov. 190; 4 Reeve, Eng. Law, 90.
SYMBOLiEOGRAPHY. The art or cun­ning rightly to form and make written instru­ments. It is either judicial or extrajudicial; the latter being wholly occupied with such instruments as concern matters not yet judi­cially in controversy, such as instruments of agreements or contracts, and testaments or last wills. Wharton.
SYMBOLIC DELIVERY. The construct­ive delivery of the subject-matter of a sale, where it is cumbersome or inaccessible, by the actual delivery of seme article which is conventionally accepted as the symbol or rep­resentative of it, or which renders access to it possible, or which is evidence of the pur­chaser's title to it.
SYMBOLUM ANIMZE. Lat A mortu­ary, or soul-scot
SYMOND'S INN. Formerly an inn of chancery.
the civil law. A bilateral or reciprocal con­tract, in which the parties expressly enter into mutual engagements, each binding him­self to the other. Poth. Obi. no. 9.
SYNCOPARE. To cut short, or pro­nounce things so as not to be understood. Cowell.
SYNDIC. In the civil law. An advo­cate or patron; a burgess or recorder; an agent or attorney who acts for a corporation or university; an actor or procurator; an assignee. Wharton. See Minnesota L. & T. Co. v. Beebe, 40 Minn. 7, 41 N. W. 232, 2 L. R. A. 418; Mobile & O. R. Co. v. Whitney, 39 Ala. 471.
In French law. The person who is com­missioned by the courts to administer a bank­ruptcy. He fulfills the same functions as the trustee in English law, or assignee in Amei*»
ica. The term is also applied to the person appointed to manage the affairs of a corpora­tion. See Field v. United States, 9 Pet. 182, 9 L. Ed. 94.
SYNDICATE. A university committee. A combination of persons or firms united for the purpose of enterprises too large for indi­viduals to undertake; or a group of financiers who buy up the shares of a company in order to sell them at a profit by creating a scarcity. Mozley & Whitley.
SYNDICOS. One chosen by a college, mu­nicipality, etc., to defend its cause. Calvin,
SYNGRAPH. The name given by the canonists to deeds of which both parts were written on the same piece of parchment, with some word or letters of the alphabet written between them, through which the parchment was cut in such a manner as to leave half the word on one part and half on the other. It thus corresponded to the chirograph or in­denture of the common law. 2 Bl. Comm 295, 296.
A deed or other written Instrument under the hand and seal of all the parties.
SYNOD. A meeting or assembly of eccle­siastical persons concerning religion; being the same thing, in Greek, as convocation in Latin. There are four kinds: (1) A general or universal synod or council, where bishops of all nations meet; (2) a national synod of the clergy of one nation only; (3) a provin­cial synod, where ecclesiastical persons of a province only assemble, being now what is called the "convocation;" (4) a diocesan syn­od, of those of one diocese. See Com. v. Green, 4 Whart (Pa.) 560; Groesbeeck y. Dunscomb, 41 How. Prac. (N. Y.) 344.
A synod in Scotland is composed of three or more presbyteries. Wharton.
SYNODAL. A tribute or payment in mon­ey paid to the bishop or archdeacon by the Inferior clergy, at the Easter visitation.
SYNODALES TESTES. L. Lat. Syn­ods-men (corrupted into sidesmen) were the urban and rural deans, now the church-war­dens.
SYPHILIS. In medical jurisprudence. A loathsome venereal disease (vulgarly called "the pox") of peculiar virulence, infectious by direct contact capable of hereditary trans­mission, and the fruitful source of various other diseases and, directly or Indirectly, of insanity.

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