S:


   SABBATH. The same as Sunday. (q. v.)

   SABINIANS. A  sect of  lawyers, whose  first chief was Atteius
Capito, and  the second,  Caelius Sabiaus, from whom they derived
their name. Clef des Lois Rom. h. t.

   SACRAMENTUM. An oath;  as, qui dicunt supra sacramentum suum.

   SACQUIER, maritime  law. The same 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
of Oleron,  art. 11,  published in  an English  translation in an
Appendix to 1 Pet. Adm. R. XXV. See Arrameur;  Stevedore.

   SACRILEGE. The  act of  stealing from  the temples or churches
dedicated to  the worship  of God, articles consecrated to divine
uses. Pen. Code of China, B. 1, s. 2, §6;  Ayl. Par. 476.

   SAEVETIA.  Cruelty.  (q.  v.)  It  is  required  in  order  to
constitute saevetia  that there  should exist  such a  degree  of
cruelty as to endanger the party's suffering bodily hurt. 1 Hagg.
Cons. R. 85;  2 Mass. 150;  3 Mass. 821;  4 Mass. 587.

   SAFE-CONDUCT, comm.  law, war. A passport or permission from a
neutral state to persons who are thus authorized to go and return
in safety,  and, sometimes,  to carry  away  certain  things,  in
safety. According  to common usage, the term passport is employed
on ordinary  occasions, for  the permission given to persons when
there is no reason why they should not go where they please:  and
safe-conduct is the name given to the instrument which authorizes
certain persons,  as enemies,  to go into places where they could
not go without danger, unless thus authorized by the government.

   2. A  safe-conduct is  also the name of an instrument given to
the captain  or master  of a  ship to  proceed  on  a  particular
voyage:   it usually  contains his  name and residence, the name,
description and  destination of the ship, with such other matters
as  the   practice  of  the  place  requires.  This  document  is
indispensably necessary for the safety of every neutral ship.

  3. The act of congress of April 30th, 1790, s. 27, punishes the
violation of  any safe-conduct  or  passport  granted  under  the
authority of the United States, on conviction, with imprisonment,
not exceeding  three years,  and a  fine at the discretion of the
court. Vide Conduct;  Passport;  and 18 Vin. Ab. 272.

   SAFE PLEDGE,  salvus-plegius. A  surety given that a man shall
appear upon a certain day. Bract. lib. 4, c. 1.

  SAID. Before mentioned.

  2. In contracts and pleadings it is usual and proper when it is
desired to  speak of  a person  or  thing  before  mentioned,  to


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designate them  by the term said or aforesaid, or by some similar
term, otherwise  the latter  description will  be ill for want of
certainty. 2  Lev. 207:   Com.  Dig. Pleader, C IS;  Gould on Pl:
c. 3, §63.

   SAILING INSTRUCTIONS, mar. law. Written or printed directions,
delivered by  the commanding  officer of  a convoy to the several
masters of the ships under his care, by 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 by any other accident.

   2. Without  sailing instructions  no vessel  can have the full
protection and benefit of convoy. Marsh. Ins. 368.

 SAILORS.  Seamen, mariners.  Vide Mariners;   Seamen;   Shipping
Articles.

   SAISIE-EXECUTION, French  law. This term is used in Louisiana.
It is  a writ of execution by which the creditor places under the
custody of the law, the movables, which are liable to seizure, of
his debtor,  in order  that out  of them he may obtain payment of
the debt  due by  him Code of Practice, art. 641 , Dall. Diet. h.
t.. It is a writ very similar to the fieri facias.

  SAISIE-FORAINE. A term used in Louisiana and in the French law;
this is  a permission  given by  the proper  judicial officer, to
authorize a  creditor to  seize the property of his debtor in the
district which  he inhabits.  Dall. Dict. h. t. It has the effect
of an  attachment of property, which is applied to the payment of
the debt due.

  SAISIE-GAGERIE, French law. 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, in order to obtain the rent due to him. It is
similar to the distress of the common law. Dall. Dict. h. t.

   SAISIE-IMMOBILIERE. A  writ by  which the creditor puts in the
custody of  the law the immovables of his debtor, that out of the
proceeds of  their sale,  he may  be paid his demand. The term is
French, and is used in Louisiana.

  SALARY. A reward or recompense for services performed.

  2. It is usually applied to the reward paid to a public officer
for the performance of his official duties.

   3. The  salary of  the  president  of  the  United  States  is
twenty-five thousand  dollars per  annum;  Act of l8th Feb. 1793;
and  the   constitution,  art.   2,  s.   1,  provides  that  the
compensation  of   the  president   shall  not  be  increased  or
diminished, during the time for which he shall have been elected.

   4.  Salary  is  also  applied  to  the  reward  paid  for  the
performance of  other services;   but if it be not fixed for each
year, it  is called honorarium. Poth. Pand. h. t. According to M.


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Duvergier, the distinction between honorarium and salary is this.
By the  former  is  understood  the  reward  given  to  the  most
ele-vated professions  for services performed;  and by the latter
the price  of hir-ing of domestic servants and workmen. 19 Toull.
n. 268, p. 292, note.

   5. There  is this  difference between  salary and  price;  the
former is  the re-ward  paid for  services, or  for the  hire  of
things;   the latter  is the consideration paid for a thing sold.
Lec. Elem. §907, 908.

   SALE, contracts.  An agreement by which one of the contracting
parties, called the seller, gives a thing and passes the title to
it, in  exchange for  a certain  price in  current money,  to the
other party,  who is  called the  buyer or purchaser, who, on his
part, agrees  to pay such price. Pard. Dr. Com. n. 6;  Noy's Max.
ch. 42;  Shep. Touch. 244;  2 Kent, Com. 363;  Poth. Vente, n. 1;
1 Duverg. Dr. Civ. Fr. n. 7.

   2. This  contract differs  from a  barter or exchange in this,
that in  the latter  the price or consideration, instead of being
paid in  money, is paid in goods or merchandise, susceptible of a
valuation. It  differs from  accord and  satisfaction, because in
that contract,  the thing  is given for the purpose of quieting a
claim, and  not for  a price. An onerous gift, when the burden it
imposes is  the payment  of a sum of money, is, when accepted, in
the nature  of a sale. When partition is made between two or more
joint owners  of a chattel, it would seem, the contract is in the
nature of a barter. See 11 Pick. 311.

  3. To constitute a valid sale there must be, 1. Proper parties.
2. A thing which is the object of the contract. 3. A price agreed
upon;   and, 4.  The consent  of the contracting parties, and the
performance of  certain acts  required to  complete the contract.
These will be separately considered.

   4. - §1. As a general rule all persons sui juris may be either
buyers or sellers. But to this rule there are several exceptions.
1. There  is a  class of  persons who are incapable of purchasing
except sub  modo, as infants, and married women;  and, 2. Another
class, who, in consequence of their peculiar relation with regard
to the owner of the thing sold, are totally incapable of becoming
purchasers, while  that relation  exists;   these  are  trustees,
guardians, assignees  of insolvents,  and generally  all  persons
who, by  their connexion  with the  owner, or  by being  employed
concerning  his  affairs,  have  acquired,  a  knowledge  of  his
property,  as   attorneys,  conveyancers,   and  the   like.  See
Purchaser.

  5. - §2. There must be a thing which is the object of the sale,
for if the thing sold at the time of the sale had ceased to exist
it is clear there can be no sale;  if, for example, Paul sell his
horse to  Peter, and,  at the time of the sale the horse be dead,
though the  fact was  unknown to  both parties:  or, if you and I
being in Philadelphia, I sell you my house in Cincinnati, and, at
the time  of the sale it be burned down, it is manifest there was
no sale, as there was not a thing to be sold. It is evident, too,


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that no  sale can  be made of things not in commerce, as the air,
the water of the sea, and the like. When there has been a mistake
made as  to the article sold, there is no sale;  as, for example,
where a  broker, who  is the  agent of  both  parties,  sells  an
article and  delivers to  the seller  a sold  note describing the
article sold  as "St. Petershurg clean hemp," and bought note to,
the buyer,  as "Riga Rhine hemp," there is no sale. 5 Taunt. 786,
788;   5 B.  & C. 437;  7 East, 569 2 Camp. 337;  4 Ad. & Ell. N.
S. 747 9 M. &, W. 805. Holt. N. P. Cas. 173;  1 M. & P. 778.

   6. There  must be  an agreement as to the specific goods which
form the  basis of the contract of sale;  in other words, to make
a perfect sale, the parties must have agreed the one to part with
the title  to a  specific article,  and the other to acquire such
title;   an agreement to sell one hundred bushels of wheat, to be
measured out  of a  heap, does not change the property, until the
wheat has  been measured. 3 John. 179;  Blackb. on Sales, 122 , 5
Taunt. 176;   7  Ham. (part  2d) 127;  3 N. Ramp. R.282;  6 Pick.
280;  15 John. 349;  6 Cowen, 250 7 Cowen, 85;  6 Watts, 29.

   7. -  §3. To  constitute a  sale there  must be a price agreed
upon;  but upon the maxim id certum est quod reddi certum potest,
a sale  may be  valid although it is agreed that the rice for the
thing sold  shall be  determined by  a third person. 4 Pick. 179.
The price must have the three following qualities, to wit:  1. It
must be  an actual  or serious  price. 2.  It must  be certain or
capable of being rendered certain. 3. It must consist of a sum of
money.

   8. -  1. The price must be an actual or serious price, with an
intention on the part of the seller, to require its payment;  if,
therefore, one  should sell  a thing to another, and, by the same
agreement, he  should release  the buyer  from the  payment, this
would not  be a  sale but  a gift, because in that case the buyer
never agreed  to pay  any price,  the same agreement by which the
title to  the thing  is passed  to him  discharging him  from all
obligations to pay for it. As to the quantum of the price that is
altogether  immaterial,  unless  there  has  been  fraud  in  the
transaction. 2.  The price  must be certain or determined, but it
is sufficiently  certain, if,  as before  observed, it be left to
the deterimination  of a third person. 4 Pick. 179;  Poth. Vente,
n. 24.  And an agreement to pay for goods what they are worth, is
sufficiently certain.  Coxe, 261;   Poth.  Vente, n.  26. 3.  The
price must  consist in  a sum  of money which the buyer agrees to
pay to the seller, for if paid for in any other way, the contract
would be  an exchange  or barter,  and  not  a  sale,  as  before
observed.

   9. -  §4. The  consent of the contracting parties, which is of
the essence  of a  sale, consists in the agreement of the will of
the seller  to sell  a certain  thing to the buyer, for a certain
price, and  in the  will of the buyer, to purchase the same thing
for the same, price. Care must be taken to distinguish between an
agreement to  enter into  a future contract, and a present actual
agreement to  make a  sale. This  consent may  be shown, 1. By an
express agreement. 2. By all implied agreement.


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   10. -  1. The  consent is  certain when  the parties expressly
declare it.  This, in  some cases,  it is  requisite should be in
writing. By the 17tth section of the English statute, 29 Car. II.
c. 3, commonly called the Statute of Frauds, it is enacted, "that
no contract  for the  sale of  any goods, wares, or merchan-dise,
for the  price of  10 or  upwards, shall  be allowed to be good,
except the  buyer shall  accept part  of the  goods so  sold, and
actually receive  the same,  or give something in earnest to bind
the bargain,  or in  part payment,  or some note or memorandum in
writing of  the said bargain be made and signed by the parties to
be charged  by such  contract or  their agents thereunto lawfully
authorized." This statute has been renacted in most of the states
of the Union, with amendments and alterations,

  11. It not unfrequently happens that the consent of the parties
to a contract of sale is given in the course of a correspondence.
To make  such contract  valid, both  parties must concur in it at
the same  time. See  Letter, com.  law, crim.  law, §2;  4 Wheat.
225;  6 Wend. 103;  1 Pick. 278 10 Pick. 326.

  12. An express consent to a sale may be given verbally, when it
is not required by the statute of frauds to be in writing.

   13. -  2. When a party, by his acts, approves of what has been
done, as  if he  knowingly uses goods which have been left at his
house by another who intended to sell them, he will, by that act,
confirm the sale.

   14. The  consent must  relate, 1.  To the  thing which  is the
object of  the contract;   2.  To the price;  and, 3. To the sale
itself. 1st.  Both parties must agree upon the same object of the
sale;   if therefore  one give  consent to buy one thing, and the
other to  sell another, there is no sale;  nor is there a sale if
one sells  me a  bag full  of oats, which I understand is full of
wheat;   because there is no consent as to the thing which is the
object of the sale. But the sale would be valid, although I might
be mistaken  as to the quality of the tiling sold. 20 John. 196 3
Rawle, 23, 168. 2d. Both parties must agree as to the same price,
for if  the seller  intends to  sell for  a greater  sum than the
buyer intends  to give,  there is  no mutual consent;  but if the
case were  reversed, and  the seller  intended to sell for a less
price than the buyer intended to give, the sale would be good for
the lesser  sum. Poth.  Vente, n.  36. 3d. The consent must be on
the sale  itself, that  is, one intends to sell, and the other to
buy. If,  therefore, Peter  intended to lease his house for three
hundred dollars a year for ten years, and Paul intended to buy it
for three thousand dollars, there would not be a contract of sale
nor a lease. Poth. Vente, n. 37.

   15. In  order to pass the property by a sale, there must be an
express or  implied agreement  that  the  title  shall  pass.  An
agreement for the sale of goods is prima facie a bargain and sale
of those  goods;   but  this  arises  merely  from  the  presumed
intention of  the parties, and if it appear that the parties have
agreed, not  that there  shall be  a mutual  credit by  which the
property is  to pass  from the seller to the buyer, and the buyer
is bound to pay the price to the seller, but that the exchange of


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the money  for the  goods shall be made on the. spot, no property
is transferred,  for it  is not  the intention  of the parties to
transfer any. 4 Wash. C. C. R. 79. But, on the contrary, when the
making of  part payment,  or naming  a day  for payment,  clearly
shows an intention in the parties that they should have some time
to complete  the sale  by payment  and delivery,  and  that  they
should in the meantime be trustees for each other, the one of the
property in the chattel, and the other in the price. As a general
rule, when  a bargain  is made  for the  purchase of  goods,  and
nothing is  said about payment and. delivery, the property passes
immediately, so as to cast upon the purchaser all future risk, if
nothing remains  to be done to the goods, although he cannot take
them away without paying the price. 5 B. & C. 862.

   16. Sales are absolute or conditional. An absolute sale is one
made and  completed without any condition whatever. A conditional
sale is one which depends for its validity upon the fulfilment of
some condition. See 4 Wash. C. C. R. 588;  4 Mass. 405;  17 Mass.
606;   10 Pick.  522;  13 John. 219;  18 John. 141;  8 Verm. 154;
2 Hall  561;   2 Rawle,  326;   Coxe, 292;  1 Bailey 563;  2 A.K.
Marsh. 430.

  17. Sales are also voluntary or forced, public or private.

  18. - 1. A voluntary sale is one made without constraint freely
by the owner of the thing sold;  to such the usual rules relating
to sales  apply. 2. A forced sale is one made without the consent
of the owner of the property by some officer appointed by law, as
by a  marshal or  a sheriff  in obedience  to the  mandate  of  a
competent tribunal.  This sale has the effect to transfer all the
rights the  owner had  in the  property, but  it does not, like a
voluntary sale  of personal  property, guaranty  a title  to  the
thing sold  it merely transfers the rights of the person as whose
property it  has been  seized. This  kind of  a sale is sometimes
called a  judicial sale.  3. A public sale is one made at auction
to the  highest bidder. Auction sales sometimes are voluntary, as
when the owner chooses to sell his goods in this way, and then as
between the  seller and  the buyer  the usual  rules relating  to
sales apply;   or  they are  involuntary or  foreed when the same
rules do  not apply.  4. Private sales are those made voluntarily
and not at auction.

   19. The  above rules  apply to sales of personal property. The
sale of  real estate  is governed by other rules. When a contract
has been  entered into for the sale of lands, the legal estate in
such lands  still remains  vested in  the vendor, and it does not
become vested  in the  vendee until  he shall  have  re-ceived  a
lawful deed  of conveyance  from the vendor to him;  and the only
remedy of  the purchaser  at Iaw,  is to  bring an  action on the
contract, and  recover pecuniary  damages for  a  breach  of  the
contract. In  equity, however, after a contract for the sale, the
lands are considered as belonging to the purchaser, and the court
will enforce  his rights  by a decree for a specific performance;
and the  seller will  be entitled to the purchase money. Will. on
Real Prop. 127. See Specific performance.

  20. In general, the seller of real estate does not guaranty the


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title;  and if it be desired that he should, this must be done by
inserting a  warranty to  that effect.  See, generally,  Brown on
Sales;   Blackb. on Sales;  Long on Sales;  Story on Sales, Sugd.
on Vendors;   Pothier,  Vente;   Duvergier, Vente;  Civil Code of
Louisiana, tit.  7;   Bouv. Inst.  Index, h.  t.;  and Contracts;
Delivery;  Purchaser;  Seller;  Stoppage in transitu.

   SALE NOTE. A memorandum given by a broker to a seller or buyer
of goods,  stating the  fact that certain goods have been sold by
him on  account of  a person  called the seller to another person
called the  buyer. Sale  notes are  also called bought notes, (q.
v.) and sold notes. (q. v.)

   SALE AND  RETURN. When  goods are  sent from a manufacturer or
wholesale dealer  to a  retail trader,  in the  hope that  he may
purchase them,  with the understanding that what he may choose to
take he shall have as on a contract of sale, and what he does not
take he  will retain  as a consignee for the owner, the goods are
said to have been sent on sale and return.

   2. The  goods taken  by the  receiver as  on a  sale, will  be
considered as  sold, and  the title  to them  is  vested  in  the
receiver of  them;  the goods he does not buy are considered as a
deposit in the hands of the receiver of them, and the title is in
the person who sent them. 1 Bell's Com., 268, 5th ed.

   SALIQUE LAW.  The name  of a  code of  laws so called from the
Salians, a  people of  Germany, who  settled in  Gaul under their
king Phararaond.

   2. The  most remarkable law of this code is that which regards
succession.  De  terra  vero  salica  nulla  portio  haereditatis
transit in  mulierem, sed  hoc vir-iles  sextus acquirit, hoc est
filii in ipsa haereditate succedunt;  no part of the salique land
passes to  females, but  the males  alone are  capable of taking,
that is,  the sons succeed to the inheritance. This rule has ever
excluded females from the throne of France.

   SALVAGE, maritime law. This term originally meant the thing or
goods saved  from shipwreck  or other loss;  and in that sense it
is generally  to be  understood in  our old  books. But  it is at
present more  frequently understood to mean the compensation made
to those  by whose  means the  ship or goods have been saved from
the effects  of shipwreck,  fire, pirates,  enemies, or any other
loss or misfortune. 1 Cranch, 1.

   2. This compensation, which is now usually made in money, was,
before the  use of  money became  general, made  by a delivery of
part of  the effects  saved. Marsh. Ins. B. 1, c. 12, s. 8;  Pet.
Adm. Dec.  425;  2 Taunt. 302;  3 B. & P. 612;  4 M. & S. 159;  1
Cranch, 1;   2 Cranch, 240;  Cranch, 221;  3 Dall. 188;  4 Wheat.
98 9  Cranch, 244;   3 Wheat. 91;  1 Day, 193 1 Johns. R. 165;  4
Cranch, 347;  Com. Dig. Salvage;  3 Kent, Com. 196. Vide Salvors.

   SALVAGE CHARGES.  The expenses incurred to remunerate services
rendered to  a ship  and cargo,  which have prevented its being a
total loss. Stev. on Av. c. 2, s. 1.


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   SALVAGE LOSS.  By salvage  loss is  understood the  difference
between the  amount of  salvage, after deducting the charges, and
the original value of the property. Stev. on Av. c. 2, s. 1.

   SALVORS, mar. law. When a ship and cargo, or any part thereof,
are saved  at sea  by the  exertions of any person from impending
perils, or  are recovered  after an  actual abandonment  or loss,
such persons  are denominated  salvors;   they are  entitled to a
compensation for their services, which is called salvage. (q. v.)

   2. As soon as they take possession of property for the purpose
of preserving  it, as  if they find a ship derelict at sea, or if
they recapture it, or if they go on board a ship in distress, and
take possession  with the assent of the master or other person in
possession, they  are deemed  boua  fide  possessors,  and  their
possession cannot  be lawfully  displaced. 1  Dodson's Rep.  414.
They have  a lien  on the  property for their salvage, which the,
laws of  all maritime countries will respect and enforce. Salvors
are responsible  not only  for good  faith,  but  for  reasonable
diligence in  their custody of the salvage property. Story, Bail.
§623.

   SAMPLE, contracts.  A  small  quantity  of  any  commodity  or
merchandise, exhibited  as a specimen of a larger quantity called
the bulk. (q. v.)

   2. When  a sale is made by sample, and it afterwards turns out
that the  bulk does not correspond with it, the purchaser is not,
in general,  bound to  take the  property on a compensation being
made to  him for  the difference.  1 Campb. R. 113;  vide 2 East,
314;   4, Campb.  R. 22;  12 Wend. 566 9 Wend. 20;  6 Cowen, 354;
12 Wend. 413. See 5 John. R. 395.

   SANCTION. That  part of a law which inflicts a penalty for its
violation, or  bestows a reward for its observance. Sanctions are
of two  kinds, those  which redress  civil injuries, called civil
sanctions;     and  those   which  punish  crimes,  called  penal
sanctions. 1  Hoffm. Leg.  Outl. 279;   Just.  Ins. lib. 2, t. 1,
§10;   Ruthf. Inst.  b. 2,  c. 6,  s. 6;   Toull.  tit. prel. 86;
Ferguss. Inst.  of Mor.  Phil. p. 4, c. 3, s. 13, and p. 6, c. 1,
et seq;  1 Bl. Com. 56.

   SANCTUARY. A  place of  refuge, where  the process  of the law
cannot be executed.

   2. Sanctuaries  may be  divided into  religious and civil. The
former were  very common  in Europe;   religious houses affording
protection from  arrest to all persons, whether accused of crime,
or pursued  for debt.  This kind  was never  known in  the United
States.

   3. Civil  sanctuary, or that protection which is afforded to a
man by  his own  house, was always respected in this country. The
house protects the owner from the service of all civil process in
the first  instance but  not if  he is once lawfully arrested and
takes refuge in his own house. Vide Door;  House.


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   4. No  place affords protection from arrest in criminal cases;
a man may, therefore, be arrested in his own bouse in such cases,
and the doors may be broken for the purpose of making the arrest.
Vide Arrest in criminal cases.

   SANE MEMORY. By this is meant that understanding which enables
a man  to make  contracts and his will, and to perform such other
acts as are authorized by law;  Vide Lunacy;  Memory;  Non compos
mentis.

  SANG or SANC. Blood. These words are nearly obsolete.

   SANITY, med.  jur. The  state of  a person  who  has  a  sound
understanding;  the reverse of insanity.

   2. The  sanity of an individual is always presumed. 5 John. R.
144;   1 Pet.  R. 163;  1 Hen. & M. 476;  4. Cowen, R. 207;  4 W.
C. C. R. 262. See 9 Conn. 102;  9 Mass. 225;  3 Mass. 336 1 Mass.
71;  8 Mass. 371;  8 Greenl. 42;  15 John. 503;  4 Pick. 32.

  SANS CEO QUE. The same as Absque hoc. (q. v.)

   SANS NOMBRE.  This is a French phrase, which signifies without
number.

   2. In  England it  is 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;   but  they are limited to the commoner's
own commonable  cattle, levant et couchant, upon his lands, or as
many cattle  as the land of the commoner can keep and maintain in
winter. 2  Brownl. 101;   Vent. 54;  5 T. R. 48;  1 Saund. 28, n.
4.

  SANS RECOURS. Without recourse.

   2. These  words are  sometimes put  on a bill before the payee
endorses it;   they  have the  effect of  transferring  the  bill
without responsibility  to the  endorser. Chit. on Bills, 179;  7
Taunt. 160;   1  Cowen, 538;   3 Cranch, 193;  7 Cranch, 159;  12
Mass. 172;  14 S. & R. 325.

   SATISDACTION, civil  law. This  word is  derived from the same
root as satisfaction;  for, in the same manner that to fulfil the
demand  which  is  made  upon  us,  is  called  satisfaction,  so
satisdaction takes place when he who demands something has agreed
to receive sureties instead of the thing itself. Dig. 2, 8, 1

  SATISFACTION, 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.

   2. In Alabama, Delaware, Illinois, Indiana, Massachusetts, New
Hampshire,  Pennsylvania,  Rhode  Island,  South  Carolina,  and,
Vermont, provision is made by statute, requiring the mortgagee to
discharge a mortgage upon the record, by entering satisfaction in


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the margin.  The refusal  or neglect  to enter satisfaction after
payment and  demand, renders  the mortgagee  liable to an action,
after the time given him by the respective statutes for doing the
same has  elapsed, and  subjects him  to the  payment of damages,
and, in  some cases,  treble costs.  In Indiana and New York, the
register or  recorder of deeds may himself discharge the mortgage
upon the record on the exhibition of a certificate of payment and
satisfaction signed  by the mortgagee or his representatives, and
attached to the mortgage, which shall be recorded. Ind. St. 1836,
64;  1 N. Y. Rev. St. 761.

  SATISFACTION, construction by courts of equity. Satisfaction is
defined to  be the  donation of  a  thing,  with  the  intention,
express or implied, that such donation is to be an extinguishment
of some existing right or claim in the donee.

   2. Where a person indebted bequeaths to his creditor a legacy,
equal to,  or exceeding  the amount  of the  debt, which  is  not
noticed in  the will,  courts of  equity, in  the absence  of any
intimation of  a contrary  intention, have  adopted the rule that
the testator  shall be  presumed to  have meant  the legacy  as a
satisfaction. of the debt.

  3. When a testator, being indebted, bequeaths to his creditor a
legacy, simpliciter,  and of the same nature as the debt, and not
coming within the exceptions stated in the next paragraph, it has
been held  a satisfaction  of the  debt, when the legacy is equal
to, or  exceeds the  amount of the debt. Pre. Ch. 240;  3 P. Wms.
353.

   4. The  following are  exceptions to  the rule:   1. Where the
legacy is of, less amount than the debt, it shall not be deemed a
part payment or satisfaction. 1 Ves. pen. 263.

   5. - 2. Where, though the debt and legacy are of equal amount,
there is a difference in the times of payment, so that the legacy
may not  be equally  beneficial to the legatee as the debt. Prec.
Ch. 236;   2  Atk. 300;  2 Ves. sen. 63 5;  3 Atk. 96;  1 Bro. C.
C. 129;   1  Bro. C.  C. 195;   1  M'Clel. & Y. Rep. Exch. 41;  1
Swans. R. 219.

  6. - 3. When the legacy and the debt are of a different nature,
either with  reference,  to  the  subjects  themselves,  or  with
respect to  the interests  given. 2 P. Wms. 614;  1 Ves. jr. 298;
2 Ves. jr. 463.

  7. - 4. When the provision by the will is expressed to be given
for  a   particular  purpose,   such  purpose  will  prevent  the
testamentary gift  being construed  a satisfaction  of the  debt,
because it is given diverse intuitu. 2 Ves. sen. 635.

    8.  -  5.  When  the  debt  of  the  testator  is  contracted
subsequently to  the, making of the will;  for, in that case, the
legacy will not be deemed a satisfaction. 2 Salk. 508.

  9. - 6. When the legacy is uncertain or contingent. 2 Atk. 300;
2 P. Wms. 343.


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   10. -  7. Where  the debt  itself is  contingent, as  where it
arises from  a running  account between the testator and legatee;
1 P.  Wms. 296;   or  it is a negotiable bill of exchange. 3 Ves.
jr. 561.

   11. -  8. Where  there is an express direction in the will for
the payment  of debts end legacies, the court will infer from the
circumstance, that the testator intended that both the debt owing
from him  to the  legatee and  the legacy,  should, be paid. 1 P.
Wms. 408;  2 Roper, Leg. 54.

   See, generally,  Tr. of  Eq. 333;   Yelv. 11, n.;  1 Swans. R.
221;   18 Eng.  Com. Law  Rep. 201;   4 Ves. jr. 301;  7 Ves. jr.
507;   1 Suppl. to Ves. jr. 204, 308, 311, 342, 348, 329;  8 Com.
Dig. Appen.  tit. Satisfaction,  p. 917;   Rob. on Frauds, 46, n.
15;  2 Suppl. to Ves. jr. 22, 46, 205;  1 Vern. 346;  Roper, Leg.
c. 17;   1  Roper on Hush. and Wife, 501 to 511;  2 Id. 53 to 63;
Math. on  Pres. c.  6, p.  107;   1 Desaus. R. 814;  2 Munf. Rep.
413;  Stallm. on El. and Sat.

   SATISFACTION PIECE, Eng. practice. An instrument of writing in
which it  is declared  that, satisfaction is acknowledged between
the plaintiff and defendant. It is signed by the attorney, and on
its production  and the  warrant of  attorney to the clerk of the
judgments, satisfactio  is entered  on payment,  of certain fees.
Lee's Dict. of Pr. tit. Satisfaction.

   SATISFACTORY EVIDENCE.  That which  is sufficient  to induce a
belief that  the thing  is true;   in other words, it is credible
evidence. 3 Bouv. Inst. n. 3049.

   SCANDAL. A  scandalous verbal  report or rumor respecting some
person.

  2. The remedy is an action on the case.

  3. In chancery practice, when a bill or other pleading contains
scandal, it will be referred to a master to be expunged, and till
this has  been done,  the opposite  party need  not answer. 3 Bl.
Com. 342.  Nothing is  considered scandalous  which is positively
relevant to the cause, however harsh and gross the charge may be.
The degree of relevancy is not deemed material. Coop. Eq. Pl. 19;
2 Ves.  24;   6 Ves.  514, 11  Ves. 626;  15 Ves. 477;  Story Eq.
Plo. §269 Vide Impertinent.

  SCANDALUM MAGNATUM. Great scandal or slander. In England it. is
the slander of the great men, the nobility of the realm.

   SCHEDULE, practice.  When an  indictment is  returned, from au
inferior court  in  obedience  to  a  writ  of  certiorari,  the,
statement of the previous proceedings sent with it, is termed the
schedule. 1 Saund. 309, a, n. 2.

   2. Schedules are also frequently annexed to answers in a court
of equity,  and to  depositions and  other documents, in order to
show more in detail the matter they contain, than could otherwise
be conveniently shown.

   3. The term is frequently used instead of inventory.


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   SCHOOLMASTER. One employed in teaching a school.

   2. A  schoolmaster stands  in loco parentis in relation to the
pupils committed to his charge, while they are under his care, so
far as  to enforce  obedience to his, commands, lawfully given in
his capacity  of school-master, and he may therefore enforce them
by moderate  correction. Com. Dig. Pleader, 3 M 19;  Hawk. c. 60,
sect. 23. Vide Correction.

   3. The  schoolmaster is  justly entitled  to be  paid for  his
important and  arduous services  by those  who em ploy him. See 1
Bing. R.  357 8  Moore's Rep.  368. His  duties are  to teach his
pupils what  he has  undertaken, and  to have a special care over
their morals. See 1 Stark. R. 421.

   SCIENDUM, Eng. 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's Dict. art. Record.

  SCIENTER, knowingly.

   2. A  man may do many acts which are justifiable or not, as he
is ignorant  or not  ignorant of  certain facts.  He may  pass  a
counterfeit coin,  when he  is ignorant of its being counterfeit,
and is  guilty of  no offence;   but  if he  knew the  coin to be
counterfeit, which  is called  the  scienter,  he  is  guilty  of
passing counterfeit  money. A  man  who  keeps  an  animal  which
injures some  person, or his property, is answerable for damages,
or in some cases he may be indicted if he had a knowledge of such
animal's propensity to do injury. 3 Blackst. Comm. 154;  2 Stark.
Ev. 178;   4  Campb. 198;  2 Str. 1264;  2 Esp. 482;  Bull. N. P.
77;  Burr. 2092;  2 Lev. 172;  Lord Raym. 110;  2 B. & A. 620;  2
C. M.  & R.  496;   5 C.  & P.  1;   S. C. 24 E. C. L. R. 187;  1
Leigh, N. P. 552, 553;  7 C. & P. 755.

   4. In  this respect  the civil law agrees with our own. Domat,
Lois Civ.  liv. 2, t. 8, s. 2. As to what evidence maybe given to
prove guilty  knowledge, see  Archb. Cr.  Pl. 109.  Vide  Animal;
Dog.

   SCILICET. A  Latin adverb, signifying that is to say;  to wit;
namely.

   2. It  is a  clause to  usher in  the sentence  of another, to
particularize that  which was too general before, distribute what
was too  gross, or  to explain  what was doubtful and obscure. It
neither increases  nor diminish  the premises or habendum, for it
gives nothing  of itself;   it  may make  a restriction  when the
preceding words  may be  restrained. Hob.  171 P.  Wms. 18;   Co.
Litt. 180 b, note 1.


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   3. When  the scilicet is repugnant to the precedent matter, it
is void;   for  example, when a declaration in trover states that
the plaintiff  on the  third day  of May was possessed of certain
goods which  on the  fourth day  of May  came to  the defendant's
hands, who  afterwards, to wit, on the first day of May converted
them, the  scilicet was  rejected as  surplusage. Cro.  Jac. 428;
and vide  6 Binn.  15;  3 Saund. 291, note 1, and the cases there
cited. This word is sometimes abbreviated, ss. or sst.

   SCINTILLA JURIS,  estates;  A spark of right. A legal fiction,
resorted to  for the  purpose of  enabling feoffees  to  uses  to
support contingent uses when they come into existence, thereby to
enable the  statutes of  uses, 27 Henry VIII., to execute them. 4
Kent's Com.  238, et  seq., and  the authorities there cited, for
the learning upon this subject.

   SCIRE FACIAS, remedies, practice. The name of a judicial writ,
founded upon  some record,  and requiring  the defendant  to show
cause why  the plaintiff  should not  have the "advantage of such
record;   or, when it is issued to repeal letters-patent, why the
record should  not be  annulled and  vacated. 3  Sell.  Pr.  187;
Grah. Pr.  649;  2 Tidd's Pr. 982;  2 Arch. Pr. 76;  Bac. Abr. h.
t.

   2. It  is, however, considered as an action, and in the nature
of a new original. Skin. 682;  Com. 455.

   3. The  scire  facias  against  a  bail,  against  pledges  in
replevin, to  repeal letters-patent,  or the like, is an original
proceeding;   but when  brought to revive a judgment after a year
and a  day, or upon the death or marriage of the parties, when in
the latter  case one  of them  is a  woman;  or when brought on a
judgment  quando,   &c.,  against   an  executor,  it  is  but  a
continuation of  the original  action. Vide  1 T.  R.  388.  Vide
generally, 11 Vin. Ab. 1;  19 Vin. Ab. 280 Bac. Ab. Execution, H;
Bac. Ab. h. t. 2 Saund. 72 e, note, 3;  Doct. Pl. 436 Bouv. Inst.
Index, h. t.

   SCIRE FACIAS AD AUDIENDUM ERRORES. The name of a writ which is
sued out after the plaintiff in error has assigned his errors. F.
N. B. 20;  Bac. Ab. Error F.

  SCIRE FACIAS AD DISPROBANDUM DEBTTUM. 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.
Act relating  to the  commencement of actions, s. 61, passed June
13th, 1836.

   SCIRE FECI,  practice. The  return of  the sheriff,  or  other
proper officer,  to the  writ of  scire facias,  when it has been
served;  scire feci, "I have made known."

   SCIRE FIERI INQUIRY, Eng. law. The name of a writ, the history
of the  origin of  which is  as follows:  when on an execution de
bonis testatoris  against an  executor the sheriff returned nulla


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bona and  also a  devastavit, a fieri fac-ias, de bonis propriis,
might formerly  have been  issued against the executor, without a
previous inquisition finding a devastavit and a scire facias. But
the most usual practice upon the sheriff's return of nulla bona a
to a  fieri facias  de bonis testatoris, was to sue out a special
writ of  fieri facias  de bonis  testatoris, with a clause in it,
"et si  tibi constare, poterit," that the executor had wasted the
goods, then  to levy  de bonis propriis. This was the practice in
the king's bench till the time of Charles I.

   2. In the common pleas a practice had prevailed in early times
upon a  suggestion in  the special  writ of  fieri  facias  of  a
devastavit by the executor, to direct the sheriff to inquire by a
jury, whether  the executor had wasted the goods, and if the jury
found he had, then a scire facias was issued out against him, and
unless he  made a  good defence  thereto, an  execution de  bonis
propriis was awarded against him.

   3. The  practice of  the two  courts being  different, several
cases were brought into the king's bench on error, and at last it
became the  practice of  both courts, for the sake of expedition,
to incorporate  the fieri  facias inquiry, and scire facias, into
one writ,  thence called a scire fieri inquiry, a name compounded
of the  first words  of the  two writs  of scire facias and fieri
facias, and that of inquiry, of which it consists.

   4. This writ recites the fieri facias de bonis testatoris sued
out on  the judgment  against the  executor, the  return of nulla
bona by  the sheriff,  and then  suggesting that the executor bad
sold and  converted the goods of the testator to the value of the
debt and damages recovered, commands the sheriff to levy the said
debt and damages of the goods of the testator in the hands of the
executor, if  they could be but if it should appear to him by the
inquisition of  a jury  that the executor had wasted the goods of
the testator, then the sheriff is to warn the executor to appear,
&c. If the judgment had been either by or against the testator or
intestate, or  both, the  writ of fieri facias recites that fact,
and also  that the  court had  adjudged, upon  a scire  facias to
revive the  judgment, that  the executor  or administrator should
have execution  for the  debt, &c.  Clift's Entr.  659;   Lilly's
Entr. 664;  3 Rich. Pr. K. B. 523.

   5. Although  this practice  is sometimes adopted, yet the most
usual proceeding is by action of debt on the judgment, suggesting
a devastavit,  because in  the proceeding  by scire fieri inquiry
the plaintiff  is not  entitled to  costs,  unless  the  executor
appears and pleads to the scire facias. 1 Saund. 219, n. 8. See 2
Archb. Pr. 934.

   SCITE. The  setting or  standing of  may place.  The  seat  or
situation of a capital messuage, or the ground on which it Stood.
Jacob, L. D. h. t.

   SCOLD. A woman who by her habit of scolding becomes a nuisance
to the neighborhood, is called a common scold. Vide Common Scold.

   SCOT AND  LOT, Eng. law. The name of a customary contribution,
laid upon all the subjects according to their ability.


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   SCOUNDREL. An  opprobrious title  given to  a  person  of  bad
character. General  damages will  not lie  for calling  a  man  a
scoundrel, but  special damages  may be  recovered when there has
been an actual loss. 2 Bouv:  Inst. n. 2250;  1 Chit. Pr. 44.

  SCRIPT, conv. The original or principal instrument, where there
are part and counterpart. Vide Chirograph;  Part, Rescript.

   SCRIVENER. A  person whose,  business it is to write deeds and
other instruments for others;  a conveyancer.

   2. Money  scriveners are  those who  are engaged  in procuring
money to  be lent  on mortgages and other securities, and lending
such money  accordingly. They act also as agents for the purchase
and sale of real estates.

   3. To  be considered  a money  scrivener,  a  person  must  be
concerned in  carrying on  the trade  or profession as a means of
making a  livelihood. He  must in  the course  of his  occupation
receive other men's moneys into his trust and custody, to lay out
for them as occasion offers. 3 Camp. R. 538;  2 Esp. Cas. 555.

   SCROLL. A  mark which  is to  supply the place of a seal, made
with a pen or other instrument on a writing.

   2. In  some of the states this has all the efficacy of a seal.
1, S.  & R.  72;   1 Wash.  42;  2 McCord, 380;  4 McCord 267;  3
Blackf. 161;   3  Gill &  John. 234;  2 Halst. 272. Vide Seal;  2
Serg. &  Rawle, 504;   2  Rep. 5.  a;   Perk. §129.  In others, a
scroll has  no such  effect;   and when  a suit  is brought on an
instrument sealed  with a  scroll, the  act of limitations may be
pleaded to  it, as  to a  simple contract. 2 Rand. 446;  6 Halst.
174;   5 John.  239;  1 Blackf. 241;  Griff. Law Reg., answers to
question No 110.

  SCUTAGE, old Eng. law. The name of a tax or contribution raised
for the  use of  the king's  armies by  those who  held lands  by
knight's service.

   SCYREGEMOTE. The  name of a court among the Saxons. It was the
court of  the shire,  in Latin  called curia  comitatus, and  the
principal court  among the Saxons. It was holden twice a year for
determining all causes both ecclesias-tical and secular.

  SE DEFENDENDO, criminal law. Defending himself.

   2. Homicide,  se defendendo,  is that which takes place upon a
sudden rencounter,  where two  persons  upon  a  sudden  quarrel,
without premeditation or malice, fight upon equal terms, and one,
before a  mortal stroke  has been  given,  declines  any  further
combat, and  retreats as far as he can with safety, and kills his
adversary, through necessity, to avoid immediate death. 2 Swift's
Dig. 289 pamphl. Rep. of Selfridge's, Trial in, 1805 Hawk. bk. 1,
c. 11, s. 13;  2 Russ. on Cr. 543;  Bac. Ab. Murder, &c F 2.


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   SEA. The  ocean;  the great mass of waters which surrounds the
land, and  which probably  extends from  pole to  pole,  covering
nearly three  quarters of  the globe.  Waters within  the ebb and
flow of the tide, are to be considered the sea. Gilp. R. 526.

  2. The sea is public and common to all people, and every person
has an  equal right  to navigate  it, or  to fish there;  Ang. on
Tide Wat.  44 to 49;  Dane's Abr. c. 68, a. 3, 4;  Inst. 2, 1, 1;
and to land upon the sea, shore. (q. v.)

   3. Every  nation has  jurisdiction to the distance of a cannon
shot, (q,  v.) or  marine league,  over the water adjacent to its
shore. 2  Cranch, 187,  234;   1 Circuit Rep. 62;  Bynk. Qu. Pub.
Juris. 61;  1 Azuni Mar. Law, 204;  Id. 185;  Vattel, 207:

   SEA LETTER OR SEA BRIEF, maritime law. A document which should
be found on board of every neutral ship;  it specifies the nature
and quantity  of the  cargo, the  place from whence it comes, and
its destination. Chit. Law of Nat. 197;  1 John. 192.

   SEA SHORE,  property. That space of land, on the border of the
sea, which is alternately covered and left dry, by the rising and
falling of  the tide  or, in  other words,  that  space  of  land
between high  and low  water mark.  Hargr, Tr.  12;  6 Mass. 435,
439;  1 Pick. 180, 182;  5 Day, 22.

   2. Generally,  the sea  shore belongs to the public. Angell on
Tide Wat. 34, 5;  3 Kent's Com. 347.

   3. By the Roman law, the shore included the land as far as the
greatest wave  extended in  winter;   est  autem  littus,  maris,
quatenus hibernus,  fluctus maximus excurrit. Inst. lib. 2, t. 1,
s. 3.  Littus publicum  est eatenus qua maxime fluctus exaestuat.
Dig., lib, 50, t. 16, s. 112.

   4. The  Civil Code of Louisiana seems to have followed the law
of the  Insti-tutes and the Digest, for it enacts, art. 442, that
the "sea  shore is  that space,  of land over which the waters of
the sea  are spread  in the  highest  water,  during  the  winter
season." Vide.  5 Rob.  Adm. R. 182;  Dougl. 425;  1 Halst. R. 1;
2 Roll.  Ab. 170;   Dyer,  326;   5 Co. 107;  Bac. Ab., Courts of
Admiralty,, A;   1  Am. Law Mag. 76;  16 Pet. R. 234, 367 Ang. on
Tide Waters,  Index, tit. Shore;  2 Bligh's N, S. 146;  5 M. & W.
327 Merl. Quest. de Droit, mots Rivage de la Mer;  Inst. 2, 1, 2;
22 Maine,  R. 350.  For the law of Mass. vide Dane's Ab. c. 68, a
3, 4.

  SEA WEED. A species of grass which grows in the sea.

   2. When  cast upon  land, it  belongs to the owner of the land
adjoining the  sea shore;   upon  the grounds,  that it increases
gradually, that  it is  useful as  manure and a protection to the
ground, and that it is some compensation for the encroachments of
the sea upon the land. 2 John. R. 313, 323. Vide 5 Verm. R. 223.

   3. The  French differs  from our  law in  this respect, as sea
weeds there,  when  cast  on  the  beach,  belong  to  the  first
occupant. Dall. Dict. Propriete, art. 3, §2, n. 128.


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  SEA WORTHINESS, mer. law. The ability of a ship or other vessel
to make  a sea  voyage with  probable safety:  there is, in every
insurance, whether on ship or goods, an implied warranty that the
ship shall  be worthy when she sails on the voyage insured;  that
is, that  she shall  be "tight,  staunch,  and  strong,  properly
manned, provided  with all  necessary stores, and in all respects
fit for  the intended  voyage." Marsh. Ins. 153 2 Phil. Ev. 60 10
Johns. R. 58.

   2. The following rules have been established in regard, to the
warranty of sea-worthiness.

   3. -  1. That  it is of no consequence whether the insured was
aware of  the condition  of the  ship, or  not. His  innocence or
ignorance is  no answer  to  the  fact  that  the  ship  was  not
sea-worthy.

   4. -  2. -  The opinion  of carpenters  who have  repaired the
vessel, however they may strengthen the presumption that the ship
is sea-worthy,  when it  is favorable,  is not  conclusive of the
fact of sea-worthiness. 4 Dow's Rep. 269.

   5. - 3. The presumption, prima facie, is for sea-worthiness. 1
Dow's R.  336;   And it  is  presumed  that  a  vessel  continues
sea-worthy, if  she was so at the inception of the risk. 20 Pick.
389. See 1 Brev. 252.

   6. -  4. Any sort of disrepair left in the ship, by which she,
or the  cargo  may  suffer,  is  a  breach  of  the  warranty  of
sea-worthiness.

   7. -  5. A deficiency of force in the crew, or of skill in the
master, mate,  &c., is  a want of sea-worthiness. 1 Campb. 1;  14
East, R.  481. But  if there  was once  a sufficient  crew, their
temporary  absence  will  not  be  considered  a  breach  of  the
warranty. 2 Barn. & Ald. 73;  1 John. Cas. 184;  1 Pet. 183.

   8. -  6. A  vessel may  be rendered  not sea-worthy  by  being
overloaded. 2 Barn. & Ald . 320.

   9. -  7.  When  the  sea-worthiness  arises  from  justifiable
ignorance of  the cause  of the  defect, and  is  discovered  and
remedied before  any injury occurs, it is not to be considered as
a defect. Ib. See, generally, 2 John. 124, 129;  3 John. Cas. 76;
1 John. 241;  1 Caines, 217 3 S. & R. 25 1 Whart. 399.

   10. By an act of congress, approved July 20, 1840, as amended,
by the  act of  July 29,  1850, it is provided, that if the first
officer, (or  a second  and third officer,) and a majority of the
crew of  any vessel,  shall make complaint in writing that she is
in an unsuitable condition to go to sea, because she is leaky, or
insufficiently supplied  with sails,  rigging,  anchors,  or  any
other equipment,  or that the crew is insufficient to man her, or
that her  provisions, stores,  and supplies  are not, or have not
been, during  the voyage, sufficient and wholesome, thereupon, in


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any of  these or  like cases,  the consul or commercial agent who
may  discharge   any  duties   of  a  consul  shall  appoint  two
disinterested, competent, practical men, acquainted with maritime
affairs, to  examine into  the causes of complaint, who shall, in
their report,  state what  defects and  deficiencies, if any they
find to be well founded, as well as what, in their judgment ought
to be done, to put the vessel in order for the continuance of her
voyage.

   SEAL, conveyancing,  contracts. A  seal is  an impression upon
wax, wafer,  or some  other tenacious  substance capable of being
impressed. 5  Johns. R.  239. Lord Coke defines a seal to be wax,
with an  impression. 3 Inst. 169. " Sigillum," says he, "est cera
impressa, quia  cera sine  impressione non est sigillum." This is
the common  law definition  of a seal. Perk. 129, 134;  Bro. tit.
Faits, 17,  30;   2 Leon 21;  5 John. 239;  2 Caines, R. 362;  21
Pick. R. 417.

   2. But  in Pennsylvania,  New Jersey,  and  the  southern  and
western states  generally,  the  impression  upon  wax  has  been
disused, and  a circular, oval, or square mark, opposite the name
of the  signer, has  the same  effect as  a seal  the shape of it
however is  indifferent;  and it is usually written with a pen. 2
Serg. &  Rawle, 503;  1 Dall. 63;  1 Serg. & Rawle, 72;  1 Watts,
R. 322;  2 Halst. R. 272.

   3. A  notary must  use his  official seal, to authenticate his
official acts, and a scroll will not answer. 4 Blackf. R. 185. As
to the  effects of  a seal,  vide Phil.  Ev. Index,  h. t.  Vide,
generally, 13  Vin. Ab. 19;  4 Kent, Com. 444;  7 Caines' Cas. 1;
Com. Dig. Fait, A 2.

   4. Merlin  defines a  real 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;  3 McCord's R. 583;  5 Whart. R. 563.

   5. When  a seal  is affixed  to an  instrument, it  makes it a
specialty,  (q.  v.)  and  whether  the  seal  be  affixed  by  a
corporation or  an individual  the effect  is the  same. 15 Wend.
256.

   6. Where  an instrument concludes with the words, "witness our
hands and  seals," and  is signed  by two  persons, with only one
seal, the  jury may  infer, from  the face of the paper, that the
person who  signed last,  adopted the  seal of the first. 6 Penn.
St. Rep.  302. Vide 9 Am Jur. 290-297;  1 Ohio Rep. 368;  3 John.
470. 12  ohu. 76;   as  to the origin and use of seals, Addis. on
Cont. 6;  Scroll.

   7. The  public seal  of a  foreign state,  proves itself;  and
public acts,  decrees and judgments, exemplified under this seal,
are received  as true  and genuine.  2 Cranch, 187, 238;  4 Dall.
416;  7 Wheat. 273, 335;  1 Denio, 376;  2 Conn. 85, 90;  6 Wend.
475;   9 Mod.  66. But to entitle its seal to such authority, the


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foreign state  must have  been acknowledged  by  the  government,
within whose  jurisdiction the forum is located. 3 Wheat. 610;  9
Ves. 347.

   SEAL-OFFICE, English  practice. The  office at  which  certain
judicial writs  are sealed with the prerogative seal, and without
which they  are of no author-ity. The officer whose duty it is to
seal such writs is called "sealer of writs;"

   SEAL OF  THE UNITED  STATES, government.  The seal used by the
United States  in congress  assembled, shall  be the  seal of the
United States,  viz.:   ARMS, pale-ways of thirteen pieces argent
and gules;   a  chief azure;  the escutcheon on the breast of the
American eagle  displayer proper, holding in his dexter talon, an
olive branch,  and in  his sinister, a bundle of thirteen arrows,
all proper,  and in his beak a scroll, inscribed with this motto,
"E pluribus  unum." For  the CREST:   over  the head of the eagle
which appears  above the escutcheon, a glory, or breaking through
a cloud,  proper,  and  surrounding  thirteen  stars,  forming  a
constellation argent  on  an  azure  field.  REVERSE,  a  pyramid
unfin-ished. In  the zenith an eye in a triangle, surrounded with
a glory  proper:  over the eye, these words, "Annuit caeptis." On
the base  of the  pyramid, the numerical letters, MDCCLXXVI;  and
underneath,  the   following  motto,   "Novus   ordo   sectorum."
Resolution of Congress, June 20, 1782;  Gordon's Dig. art. 207.

   SEALING OF  A VERDICT,  practice. The  putting  a  verdict  in
writing, and  placing it  in an  envelop,  which  is  sealed.  To
relieve jurors  after they have agreed, it is not unusual for the
counsel to agree that the jury shall seal their verdict, and then
separate. When  the court  is again  in session, the jury come in
and give  their verdict,  in all  respects as  if it had not been
sealed, and a juror may dissent from it, if since the sealing, he
has honestly  changed his  mind. 8 Ham. 405;  Gilm. 333;  3 Bouv.
Inst. n. 3257.

   SEALS, matters  of succession.  On  the  death  of  a  person,
according to  the laws of Louisiana, if the heir wishes to obtain
the benefit  of inventory, and the delays for deliberating, he is
bound as  soon as  he knows of the death of the deceased to whose
succession he  is  called,  and  before  committing  any  act  of
heirship, to  cause the seals to be affixed on the effects of the
succession, by  any judge  or justice of the peace. Civ. Code, of
Lo. art. 1027.

   2. In  ten days after this affixing of the seals, the, heir is
bound to  present a  petition to  the judge of the place in which
the succession,  is opened, praying for the removal of the seals,
and that  a true  and faithful  inventory of  the effects  of the
succession be made. Id. art. 1028.

   3. In  case of  vacant estates, and estates of which the heirs
are absent  and not  represented, the  seals, after  the decease,
must be  affixed by  a judge  or justice  of the peace within the
limits of  his jurisdiction,  and may  be fixed by him, either ex
officio, or  at the request of the parties. Civ. Code of Lo. art.
1070. The seals are affixed at the request of the parties, when a


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widow, a  testamentary executor, or any other person who pretends
to have  an interest  in a  succession or  community of property,
requires it.  Id. art.  1071.;  They are affixed ex officio, when
the presumptive  heirs of  the deceased  do not all reside in the
place where  be died,  or if any of them happen to be absent. Id.
art 1072.

   4. The  object of  placing the  seals  on  the  effects  of  a
succession, is  for the  purpose of  preserving them, and for the
interest of third persons. Id. art. 1068.

   5. The seals must be placed on the bureaus, coffers, armoires,
and other  things, which  contain the  effects and  papers of the
deceased, and  on the doors of the apartments which contain these
things, so  that they  cannot  be  opened  without  tearing  off,
breaking, or altering the seals. Id. art. 1069.

  6. The judge or justice of the peace, who affixes the seals, is
bound to  appoint guardian,  at the expense of the succession, to
take care of the seals and of the effects, of which an account is
taken at  the end  of the  proces-verbal of  the affixing  of the
seals;   the guardian must be domiciliated in the plaze where the
inventory is  taken. Id.  art. 1079.  And the  judge;    when  he
retires, must take with him the keys of all things and apartments
upon which the seals have been affixed. lb.

   7. The raising of the seals is done by the judge of the place,
or justice  of the  peace appointed by him to that effect, in the
presence of  the witnesses of the vicinage, in the same manner as
for the  affixing of  the seals.  Id. art.  1084. See, generally;
Benefit of  Inventory, Succession;   Code  de Pro.  Civ. 2e part.
lib. 1, t. 1, 2, 3;  Dict. de Jurisp. Scelle.

   SEAMAN.  A  sailor;    a  mariner;    one  whose  business  is
navigation. 2  Boulay Paty,  Dr. Com. 232;  Code de Commerce art.
262;   Laws of Oleron, art. 7;  Laws of Wishuy, art. 19. The term
seamen, in it most enlarged sense, includes the captain a well as
other persons  of the crew;  in a more confined signification, it
extends only to the common sailors;  3 Pardes. n. 667;  the mate;
1 Pet.  Adm. Dee.  246;   the cook  and steward;  2 Id. 268;  are
considered, as to their rights to sue in the admiralty, as common
seamen;    and  persons  employed  on  board  of  steamboats  and
lighters, engaged in trade or commerce, on tide water, are within
the admiralty  jurisdiction, while  those employed in ferry boats
are not.  Gilp. R.  203, 532. Persons who do not contribute their
aid in navigating the vessel or to its preservation in the course
of their  occupation, as  musicians, are  not to be considered as
seamen with  a right  to sue  in the  admiralty for  their wages.
Gilp. R.  516, See  1 Bell's  Com. 509,  5th ed.;  2 Rob. Adm. R.
232;  Dunl. Adm. Pr. h . t.

   2. Seamen  are employed either in merchant vessels for private
service, or  in public  vessels for  the service  of  the  United
States.

   3. -  1. Seamen  in the merchant vessels are required to enter
into a contract in writing commonly called shipping articles. (q.


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v.) This  contract being  entered into,  they  are  bound  under,
severe penalties,  to  render  themselves  on  board  the  vessel
according to the agreement:  they are not at liberty to leave the
ship without  the consent  of the  captain or commanding officer,
and for  such absence,  when less  than forty-eight  hours,  they
forfeit three day's wages for every day of absence;  and when the
absence is more than forty-eight hours, at one time, they forfeit
all the wages due to them, and all their goods and chattels which
were on  board the  vessel, or  in any  store where they may have
been lodged  at the  time of  their desertion,  to the use of the
owners of  the vessel, and they are liable for damages for hiring
other hands.  They may be imprisoned for desertion until the ship
is ready to bail.

   4. On board, a seaman is bound to do his duty to the utmost of
his  ability;     and   when  his   services  are   required  for
extraordinary exertions,  either in  consequence of  the death of
other seamen,  Or on  account of  unforeseen perils,  he  is  not
entitled to  an increase  of wages,  although it  may  have  been
promised to  him. 2  Campb. 317;  Peake's N. P. Rep. 72;  1 T. R.
73. For  disobedience of  orders he may be imprisoned or punished
with stripes,  but the  correction (q. v.) must be reasonable;  4
Mason, 508;   Bee, 161;  2 Day, 294;  1 Wash. C. C. R. 316;  and,
for just  cause, may  be put  ashore in a foreign country. 1 Pet.
Adm. R. 186;  2 Ibid. 268;  2 East, Rep. 145. By act of Congress,
September 28,  1850, Minot's  Stat. at Large, U. S. p. 515, it is
provided, that  flogging in  the navy  and on  board  vessels  of
commerce, be, and the same is hereby abolished from and after the
passage of this act.

   5. Seamen  are entitled  to their wages, of which one-third is
due at  every port  at which  the vessel shall unlade and deliver
her cargo,  before the  voyage be  ended;   and at the end of the
voyage an  easy and  speedy remedy  is given  them to recover all
unpaid wages.  When taken  sick a  seaman is  entitled to medical
advice and  aid at  the expense  of the ship:  such expense being
considered  in,   the  nature   of  additional   wages,  and   as
constituting a  just remuneration  for his  labor  and  services.
Gilp. 435, 447;  2 Mason, 541;  2 Mass. R. 541.

   6. The right of seamen to wages is founded not in the shipping
articles, but  in the  services performed;   Bee,  395;   and  to
recover such  wages the  seaman has  a triple remedy, against the
vessel, the owner, and the master. Gilp. 592;  Bee, 254.

   7. When  destitute in  foreign  ports,  American  consuls  and
commercial agents are required to provide for them, and for their
passages to  some port  of the  United States,  in  a  reasonable
manner, at  the expense  of the  United  States;    and  American
vessels are  bound to take such seamen on board at the request of
the consul,  but not  exceeding two men for every hundred tons of
the ship, and transport them to the United States, on such terms,
not exceeding  ten dollars  for each person, as may be agreed on.
Vide, generally,  Story's Laws  U. S. Index, h. t.;  3 Kent, Com,
136 to  156;   Marsh. Ins.  90;   Poth. Mar. Contr. translated by
Cushing, Index, h. t.;  2 Bro. Civ. and Adm. Law, 155.


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  8. - 2. Seamen in the public service are governed by particular
laws.

  SEAMEN'S FUND. By the act of July 16, 1798, a provision is made
for raising  a fund  for the  relief of disabled and sick seamen:
the master  of every vessel arriving from a foreign port into the
United States  is required  to pay to the collector of customs at
the rate  of twenty  cents per month for every seaman employed on
board of his vessel, which sum he may, retain out of the wages of
such seaman:   vessels  engaged in the coasting trade, and boats,
rafts or  flats navigating  the Mississippi,  with  intention  to
proceed to  New Orleans, are also laid under similar obligations.
The fund  thus raised  is to  be employed by the president of the
United States as circumstances shall require, for the benefit and
convenience of sick and disabled American seamen. Act of March 3,
1802, s. 1.

   2. By  the act of congress, passed February 28, 1803, c. 62, 2
Story's L.  U. S.  884, it  is provided,  that when  a seaman  is
discharged in a foreign country with his own consent, or when the
ship is  sold there, he shall, in addition to his usual wages, be
paid three  months' wages  into the hands of the American consul,
two-thirds of  which are  to be  paid  to  such  seaman,  on  his
engagement on  board any vessel to return home, and the remaining
one-third is  retained in  aid  of  a  fund  for  the  relief  of
distressed American  seamen in foreign ports. See 11 John. R. 66;
12 John.  Rep. 143;  1 Mason, R. 45;  4 Mason, R. 541;  Edw. Adm.
R. 239.

  SEARCH, crim. law. An examination of a man's house, premises or
person, for  the purpose  of discovering  proof of  his guilt  in
relation to some crime or misdemeanor of which be is accused.

   2. The constitution of the United. States, amendments, art. 4,
protects the  people from  unreasonable searches  and seizures. 3
Story, Const.  §1895;  Rawle, Const. ch. 10, p. 127;  10 John. R.
263;  11 John. R. 500;  3 Cranch, 447.

   3. By the act of March 2, 1799, s. 68, 1 Story's L. U. S. 632,
it is enacted, that every collector, naval officer, and surveyor,
or other  person specially appointed, by either of them, for that
purpose, shall have fall power and authority to enter any ship or
vessel, in  which they  shall have  reason to  suspect any goods,
wares, or  merchandise,  subject  to  duty,  are  concealed,  and
therein to  search for,  seize, and secure any such goods, wares,
or merchandise;   and  if they  shall have  cause  to  suspect  a
concealment thereof  in any  particular  dwelling  house,  store,
building, or  other place  they or  either of  them shall;   upon
proper application,  on oath,  to any  justice of  the peace,  be
entitled to a warrant to enter such house, store, or other place,
(in the  day time  only, and there to search for such goods;  and
if any  shall be  found, to  seize and secure the same for trial;
and all  such goods,  wares, and merchandise, on which the duties
shall not  have been  paid, or  secured  to  be  paid,  shall  be
forfeited.

  SEARCH, practice. An examination made in the proper lien office


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for mortgages,  liens, judgments,  or other encumbrances, against
real estate.  The certificate  given by  the officer  as  to  the
result of such examination is also called a search.

   2. Conveyancers and others who cause searches to be made ought
to be  very careful  that they should be correct, with regard, 1.
To the  time during  which the person against whom the search has
been made  owned  the  premises.  2.  To  the  property  searched
against, which  ought to be properly described. 3. To the form of
the certificate of search.

  SEARCH, RIGHT OF, mar. law. The right existing in a belligerent
to examine  and inspect the papers of a neutral vessel at sea. On
the continent  of Europe,  this is  called the  right  of  visit.
Dalloz, Dict. mots Prises Maritimes, n. 104-111.

  2. The right does not extend to examine the cargo;  nor does it
extend to  a ship  of war,  it being  strictly  confined  to  the
searching of  merchant vessels.  The exercise  of the right is to
prevent the  commerce of  contraband goods.  Although  frequently
resisted by  powerful neutral nations, yet this right appears now
to be  fixed beyond  contravention.  The  penalty  for  violently
resisting this  right is  the confiscation  of  the  property  so
withheld from  visitation. Unless in extreme cases of gross abuse
of his right by a belligerent, the neutral has no right to resist
a search.  1 Kent,  Com. 154;   2  Bro. Civ.  and Adm.  Law, 319;
Mann. Comm. B. 3, c. 11.

   SEARCH  WARRANT,  crim.  law,  practice.  A  warrant  (q.  v.)
requiring the  officer to whom it is addressed, to search a house
or other place therein specified, for property therein alleged to
have been  stolen;   and if  the same  shall be  found upon  such
search, to  bring the  goods so  found, together with the body of
the person  occupying the  same, who is named, before the justice
or other  officer granting  the warrant, or some other justice of
the peace,  or other  lawfully authorized  officer. It  should be
given under the hand and seal of the justice, and dated.

   2. The  constitution of the United States, amendments, art. 4,
declares that  "the right  of the  people to  be secure  in their
persons,  houses,   papers  and   effects,  against  unreasonable
searches and  seizures, shall  not be  violated;  and no warrants
shall issue,  but upon  probable  cause,  supported  by  oath  or
affirmation,  and   particularly  describing   the  place  to  be
searched, and the person or things to be seized."

   3. Lord  Hale, 2  P. C.  149, 150, recommends great caution in
granting such warrants. 1. That they be, not granted without oath
made before  a justice  of  a  felony  committed,  and  that  the
complainant has  probable cause  to suspect  they are  in such  a
house or  place, and his reasons for such suspicion. 2. That such
warrants express  that the  search shall  be made in day time. 3.
That they  ought to  be directed  to a  constable or other proper
officer, and  not to  a private person. 4. A search warrant ought
to command  the officer  to bring the stolen goods and the person
in whose custody they are, before some justice of the peace. Vide
1 Chit. Cr. Law, 57, 64;  4 Inst. 176;  Hawk. B. 2, c. 13, s. 17,


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n. 6;   11  St. Tr;  321;  2 Wils. 149, 291;  Burn's Just. h. t.;
Williams' Just. h. t.

  SEARCHER, Eng. 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.

   SECK. This  word has two significations. 1. It means a warrant
of remedy  by distress.  Litt. s.  218;   and vide  Rent.  2.  It
imports want  of present  fruit or  profit, as in the case of the
reversion without rent or other service, except fealty. Co. Litt.
151 b, note 5.

   SECOND. A measure equal to one sixtieth part of a minute. Vide
Measure.

   SECOND DELIVERANCE,  practice. The  name of  a writ  given  by
statute of  Westminster the  second, 13  Edw. 1. c. 2, founded on
the record  of a  former action  of replevin.  2  Inst.  341.  It
commands the  sheriff,  if  the  plaintiff  make  him  secure  of
prosecuting his  claim, and  returning the  chattels  which  were
adjudged to  the defendant  by reason of the plaintiff's default,
to make  deliver-ance.  On  being  nonsuited,  the  plaintiff  in
replevin might, at common law, have brought another replevin, and
so in  infinitum, to  the intolerable  vexation of the defendant.
The statute of Westminster restrains the plaintiff When nonsuited
from so  doing, but  allows him  this writ,  issuing out  of  the
original record,  in order  to have  the same  distress delivered
again to  him, on  his giving  the like security as before. 3 Bl.
Com. 150,;  Hamm. N. P. 495;  F. N. B. 68;  19 Vin. Ab. 1.

  SECOND SURCHARGE, WRIT OF. The name of a writ issued in England
against a commoner who has a second time surcharged the common. 3
Bl. Com. 239.

   SECONDARY, construction.  That which  comes after  the  first,
which is  primary:  as, the primary law of, nations the secondary
law of nations.

  SECONDARY, English law. An officer who is second or next to the
chief officer;   as  secondaries to  the  prothonotaries  of  the
courts of  king's bench,  or common  pleas;    secondary  of  the
remembrancer in the exchequer, &c. Jacob, L. D. h. t.

   SECONDARY EVIDENCE.  That species of proof which is admissible
on the  loss of  primary evidence,  and which  becomes,  by  that
event, the best evidence. 3 Bouv. Inst. n. 3055.

   SECONDS, crim.  law. Those  persons  who  assist,  direct  and
support others engaged in fighting a duel.

  2. As they are often much to blame in inciting the duellists to
their  rash  act,  and  as  they  are  always  assisting  in  the
commission of  the crime,  the laws  generally punish  them  with
severity but,  in consequence  of the  false ideas  too generally
entertained on the subject of honor, the are too seldom enforced.
  SECRET. That which is not to be revealed.


         Bouvier's Law Dictionary : S1 : Page 24 of 126


     2.  Attorneys   and  counsellors,   who  have  been  trusted
professionally with the secrets of their clients, are not allowed
to reveal  them in  a court  of justice.  The  right  of  secrecy
belongs to the client, and not to the attorney and counsellor.

  3. As to the matter communicated, it extends to all cases where
the client applies for professional advice or assistance;  and it
does not appear that the protection is qualified by any reference
to proceedings pending or in contem-plation. Story, Eq. Pl. §600;
1 Milne & K. 104;  3 Sim. R. 467.

   3. Documents  confided professionally to the counsel cannot be
demanded, unless  indeed the  party would  himself  be  bound  to
produce them.  Hare on  Discov. 171.  Grand jurors  are sworn the
commonwealth's secrets, their fellows and their own to keep. Vide
Confidential comunications;  Witness.

   SECRET, rights.  A knowledge  of something which is unknown to
orthers, out  of which  a profit  may be  made;   for example, an
invention of  a machine,  or the  discovery of  the effect of the
combination of certain matters.

   2. Instances  have occurred of secrets of that kind being kept
for many  years, but  they are  liable to  constant detection. As
such secrets are not pro-perty, the possessors of them in general
prefer making  them public,  and securing the exclusive right for
years, under  the patent  laws, to  keeping them  in an  insecure
manner, without  them. See  Phil. on  Pat. ch. 15;  Gods. on Pat.
171;   Dav. Pat. Cas. 429;  8 Ves. 215;  2 Ves. & B. 218;  2 Mer.
446;   3 Mer.  157;  1 Jac. & W. 394;  1 Pick. 443;  4 Mason, 15;
3 B. & P. 630.

   SECRETARY. An  officer who,  by order  of his superior, writes
letters and  other instruments.  He is  so called  because he  is
possessed of  the secrets  of his employer. This term wag used in
France in  1343, and  in England  the term  secretary  was  first
applied to  the clerks  of the  king, who  being always  near his
person were  called clerks  of the  secret, and  in the  reign of
Henry VIII. the term secretary of state came into it.

   SECRETARY OF  EMBASSY or  OF LEGATION. An officer appointed by
the sovereign  power, to  accompany a minister of first or secoud
rank, and  sometimes, though  not often,  of an inferior rank. He
is, in  fact, a species of public minister;  for independently of
his protection  as attached  to an ambassador's suite, be enjoys,
in his own rights, the same protection of the law of nations, and
the same  immunities as an ambassador. But private secretaries of
a minister  must Dot be confounded with secretaries of embassy or
of legation.  Such private secretaries are entitled to protection
only as belonging to the suite of the ambassador.

   2. The  functions of  a secretary  of legation  consist in his
employment by  his minister  for objects  of ceremony;  in making
verbal reports  to the  secretary  of  state,  or  other  foreign
ministers;   in taking  care of  the archives of the mission;  in


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ciphering and  deciphering despatches;  in sometimes making rough
draughts of the notes or letters whicb the minister writes to his
colleagues or  to  the  local  authorities;    in  drawup  proces
verbaux;   in  presenting  passports  to  the  minister  for  his
signature, and  delivering them  to the persons for whom they are
intended;  and, finally, in assisting the minister, under whom be
is placed,  in everything  concerning the affairs of the mission.
In the  absence of the minister he is admitted to conferences and
to  present  notes  signed  by  the  minister.  Vide  Ambassador;
Minister;  Suite.

   SECRETARY OF LEGATION. An officer employed to attend a foreign
mission, and to perform certain duties as clerk.

   2. His  salary is fixed by the act of congress of May 1, 1810,
s. 1,  at such  a sum  as the  president of the United States may
allow, not exceeding two thousand dollars.

   3. The salary of a secretary of embassy, or the secretary of a
minister plenipotentiary,  is the  same as that of a secretary of
legation.

  SECRETARY OF THE NAVY, government. This officer is appointed by
the president.  His duties  are to  execute all such orders as he
shall receive  from the president, relative to the procurement of
naval stores  and  materials,  and  the  construction,  armament,
equipment and employment of vessels of war;  as well as all other
matters connected  with the  naval establishment  of  the  United
States;   act of 30th April, 1798, s. 1, 1 Story's Laws, 498;  he
appoints his  own clerks  and subordinate officers. Various other
duties are  imposed upon  him by  sundry acts  of congress.  Vide
Gordon's Dig. art. 370 to 375.

  2. His salary is six thousand dollars. Act of 20th Feb. 1819, 3
Story's Laws, 1720.

   SECRETARY OF  STATE OF  THE  UNITED  STATES,  government.  The
principal officer  in the  Department of  State. (q. v.) He shall
perform such  duties as  shall be enjoined on or entrusted to him
by the  president, agreeably to the constitution, refative to the
correspondences, commissions  or instructions  to or  with public
ministers or  consuls from  the United States, or to negotiations
with  foreign  states  or  princes,  or  to  memorials  or  other
applications from  foreign public  ministers or foreigners, or to
such other matters respecting foreign affairs as the president of
the United  States shall assign to such department. The secretary
shall conduct  the business  of his  department in such manner as
the president shall, from time to time, order or instruct. Act of
27th July,  1789 act  of 15th  Sept:   1789, s.  1. Besides these
general laws,  there are  various, others  which impose  upon him
inferior and less important duties.

   2. His  salary is  six thousand dollars per annum. Act of 20th
Feb. 1819.

   SECRETARY OF THE TREASURY OF THE UNITEE STATES, government. An
officer appointed  by the president. His principal duties are, 1.


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To superintend  the collection  of the  revenue.  2.  To  digest,
prepare, and  lay before  congress at  the commencement  of every
session, a  report on  the subject of finance. 3. To annex to the
annual estimates  of the  appropriations required  for the public
service, a statement of the appropriations for the service of the
year, which  may have  been made  by  former  acts.  4.  To  give
information to  either house  of congress, respecting all matters
connected with  his office.  Besides these, there are other minor
duties imposed upon him by various acts of congress.

   2. His  salary is six thousand dollars. Gord. Dig. art. 249 to
262.

   SECRETARY FOR  THE DEPARTMENT OF WAR, government. This officer
is appointed  by the  president. He  is required  to perform  and
execute such  duties as  shall, from time to time, be enjoined on
or  entrusted   to  him   by  the  president,  agreeably  to  the
constitution, relative  to military  commissions or  to the  land
forces, or  warlike stores of the United States, or to such other
matters respecting military affairs as the president shall assign
to the  department of  war, (q.  v.) or  relative to  granting of
lands to  persons entitled thereto for military services rendered
to the  United States, or relative to Indian affairs. Act of 27th
Aug., 1789, 1 Story's Laws, 31.

   2. His  salary is  six thousand dollars per annum. Act of 20th
Feb. 1819, 3 Story's Laws, 1720.

   3. Various  other duties  are imposed  upon the  secretary  by
sundry acts  of congress.  Vide Laws,  Index,  Departments,  &c.;
Gordon's Dig. art. 368 to 382.

   SECTA pleading. In ancient times the plaintiff was required to
establish the truth of his declaration in the first instance, and
before it  was called  in question,  upon the  pleading,  by  the
simultaneous production  of his  secta,  that  is,  a  number  of
persons prepared to confirm his allegations. Bract. 214, a.

   2. The  practice of  thus producing  a secta, gave rise to the
very. ancient formula almost invariably used at the conclusion of
a declaration, as entered on the record, et inde producit sectam;
and, though the actual production has, for many centuries, fallen
into disuse,  the formula  still remains. Accordingly, except the
count on  a  writ  of  right,  and  in  dower,  all  declarations
constantly conclude  thus, "And therefore he brings his suit, &c.
The count  on a writ of right did not, in ancient times, conclude
with the  ordinary production  of suit,  but with  the  following
formula peculiar  to itself,  "Et quod  tale sit  jus suum offert
disrationare per  corpus,  talis  liberi  hominis,  &c.,  and  it
concludes, at  the present  day, with an abbreviated. translation
of the  same phrase:   "And,  that such is his right, he offers,"
&c. The  count in  dower is an exception to the rule in question,
and concludes without any production of suit, a peculiarity which
appears always  to have  belonged to that action. Steph. Pl. 427,
8;  3 Bl. Com. 395;  Gilb. C. P. 48;  1 Chit. Pl. 399.

   SECTION OF  LAND. The  lands of the United States are surveyed


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into parcels of six hundred and forty acres;  each such parcel is
called a section. 1 Story's L. U. S. 422.

  2. These sections are divided into half sections, each of which
contains  three  hundred  and  twenty  acres,  and  into  quarter
sections of one hundred and sixty acres each.

   SECTORES. Among  the Romans  the bidders at an auction were so
called. Bab. on Auct. 2.

  TO SECURE. To protect, insure, or save a right.

   2. The  constitution of the United States, art. 1, s. 8, gives
power to  congress "to  promote the  progress of  science and the
useful arts  by securing,  for  Iimited  times,  to  authors  and
inventors the  exclusive right  to their  respective writings and
discoveries." The  inventor of  a machine  has the  right  to  it
exclusively at  common  law,  and  the  author  a  right  to  his
manuscript. But  they may  abandon the,  right by  publishing the
book without  having secured  a copy-right,  (q. v.)  or by using
publicly the  machine, and  suffering others  to use  it, without
having obtained a patent. (q. v.) Vide Secret.

   SECURITY. That  which renders  a matter  sure;   an instrument
which renders  certain the performance of a contract. The term is
also sometimes  applied to  designate a  person who  becomes  the
surety for another, or who engages himself for the performance of
another's contract. See 3 Blackf. R. 431.

   SECURITY FOR  COSTS, practice.  In some courts there is a rule
that when the plaintiff resides abroad he shall give security for
costs, and  until that  has been  done, when  demanded, he cannot
proceed in his action.

   2. This  is a  right which  the defendant must claim in proper
time, for  if he  once waives  it, he cannot afterwards claim it;
the waiver  is seldom,  or perhaps  never expressly  made, but is
generally implied  from the  acts of  the  de-fendant.  When  the
defendant had undertaken to accept short notice of trial;  2 Hen.
Bl. 573;  3 Taunt. 272 or after issue joined, and when he knew of
plain-tiff's residence abroad;  or, with such knowledge, when the
defendant takes  any step  in the  cause these  several acts will
amount to  a waiver.  5 Bar & Ald. 702;  S. C. 1 Dow. & Ryl. 348;
1 M. & P. 30;  S. C. 17 E. C. L. R. 164. Vide 3 John. Ch. R. 520;
1 John. Ch. Rep. 202;  1 Ves. jun. 396.

   3. The  fact that  the defendant is out of the jurisdiction of
the court, will not, alone, authorize the requisition of security
for costs;   he  must have  his domicil  abroad. 1  Ves. jr. 396.
When, the  defendant resides  abroad, he will be required to give
such security,  although he is a foreign prince. 33 E. C. L. Rep.
214. Vide 11 S. & Rawle, 121 1 Miles, R. 321;  2 Miles, 402.

  SECUS. Otherwise.

  SEDITION, crimes. The raising commotions or disturbances in the
state;  it is a revolt against legitimate authority, Ersk. Princ.
Laws, Scotl. b. 4, t. 4, s. 14;  Dig. Lib. 49, t. 16, 1. 3, §19.


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   2. The  distinction between  sedition and  treason consists in
this, that  though its  ultimate object  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 of Scotl. 580.

   3. The. obnoxious and obsolete act of July 14, 1798, 1 Story's
Laws U.  S.  543,  was  called  the  sedition  law,  because  its
professed object was to prevent disturbances.

  4. In the Scotch law, sedition is either verbal or real. Verbal
is inferred  from the uttering of words tending to create discord
between the  king and  his people;   real  sedition is  generally
committed by  convocating together  any  considerable  number  of
people,  without   lawful  authority,   under  the   pretence  of
redressing some public grievance, to the disturbing of the public
peace. 1 Ersk. ut supra.

   SEDUCTION. The  offence of a man who abuses the simplicity and
confidence of  a woman to obtain by false promises what she ought
not to grant.

   2. The  woman being  particeps criminis, has no remedy for the
mere seduction,  nor is  there, to  the discredit  of the  law, a
direct remedy  in her  parents. The  seducer may  be sued, though
not. directly  or ostensibly  for the  seduction;   but  for  the
consequent inability  to perform those services for which she was
accountable to  her master,  or to  her  parent,  who,  for  this
purpose, is obliged  to assume that less endearing relation;  and
if it  cannot be  proved that  she filled that office, the action
cannot be  sustained. 7  Mann. & Gr. 1033. It follows, therefore,
that when  the daughter  is of  full age,  and the  father is not
entitled to  her services,  and  actually,  she  is  not  in  his
service, the  father can  maintain no action for the seduction. 5
Harr. &  J. 27;  1 Wend. 447;  3 Pennsyl. 49;  10 John. 115. Vide
2 Watts  474;   9 John. 387;  2 Wend. 459;  5 Cowen 106;  2 Penn.
583;  6 Munf. 587;  2 A. K. Marsh. 128;  2 Overt. 93;  9 John. R.
387;   2 New  Reports, 476;   6 East, 887;  Peake's Rep. 253;  11
East, 24;   5 East, 45;  2 T. R. 4;  2 Selw. N. P. 1001;  2 Phil.
Ev. 156;  3 Chitt. Bl. Com. 140, n.;  7 Com. Dig. 318;  6 M. & W.
55.

  SEEDS. The substance which nature prepares for the reproduction
of plants or animals.

  2. Seeds which have been sown in the earth immediately become a
part of  the land  in which  they have been sown;  quae sata solo
cedere intelliguntur. Inst. 2, 1, 32.

   SEIGNIOR or  SEIGNEUR. Among the feudists, this name signified
lord of  the fee. F. N. B. 23. The most extended signification of
this word  includes not only a lord or peer of parliament, but is
applied to  the owner or proprietor of a thing;  hence, the owner
of a  hawk, and  the master  of a  fishing vessel,  is  called  a
seigneur. 37 Edw. Ill. c. 19;  Barr. on the Stat. 258.


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   SEIGNIORY, Eng.  law. The  rights of a lord as such, in lands.
Swinb. 174.

   SEISIN, estates. The possession of an estate of freebold. 8 N.
H. Rep.  57;  3 Hamm. 220;  8 Litt. 134;  4 Mass. 408. Seisin was
used in  contradistinction to  that precarious kind of possession
by which  tenants  in  villenage  held  their  lands,  which  was
considered to  be the  possession of  their lords  in,  whom  the
freehold continued.

  2. Seisin is either in fact or in law.

   3. Where  a  freehold  estate  is  conveyed  to  a  person  by
feoffment, with  livery of seisin, or by any of those conveyances
which derive their effect from the statute of uses, he acquires a
seisin in deed or in fact, and a freehold in deed:  but where the
freehold comes  to a person by act of law, as by descent, he only
acquires a  seisin in  law, that  is, a  right of possession, and
his-estate is called a freehold In law.

   4. The  seisin in law, which the heir acquires on the death of
his ancestor,  May be  defeated  by  the  entry  of  a  stranger,
claiming a  right to  the land, which is called an abatement. (q.
v.)

   5. The  actual seisin of an estate may be lost by the forcible
entry of  a stranger  who thereby ousts or dispossesses the owner
this act is called a disseisin. (q. v.)

   6. According  to Lord Mansfield, the various alterations which
have been  made in  the law  for the  last three centuries, "have
left  us   but  the  name  of  feoffment,  seisin,  tenure,  and,
freeholder, without any precise knowledge of the thing originally
signified by these sounds."

   7. In  the United  States, a  conveyance by  deed executed and
acknowledged, and  properly recorded  according to  law, and  the
descent cast  upon the  heir are,  in general,  considered  as  a
seisin in  deed without  entry;   and a  grant by letters- patent
from the  commonwealth has  the same  effect. 4  Mass. R. 546;  7
Mass. R.  494;  15. Mass. R. 214 1 Munf. R. 17O. The recording of
a deed is equivalent to livery of seisin. 4 Mass. 546.

  8. In Pennsylvania, Connecticut, Massachusetts and Ohio, seisin
means merely,  ownership, and  the distinction  between seisin in
deed and  in law  is not known in practice. Walk. Intr. 324, 330;
1 Hill. Abr. 24 4 Day, R. 305;  4 Mass.;  R. 489 14 Pick. R. 224.
A patent  by the commonwealth, in Kentucky, gives a, right entry,
but not actual seisin. 3 Bibb, Rep. 57. Vide 1 Inst. 31;  19 Vin.
Ab. 306;   Dane's  Abr. c.  104, a.  3;   4 Kent,  Com.  2,  381;
Cruise's Dig. t. 1, §23;  Toull. Dr. Civ. Fr. liv. 3, t. 1, c. 1,
n. 80;   Poth.  Traite des  Fiefs, part 1, c. 2;  3 Sumn. R. 170.
Vide Livery of Seisin.


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  SEIZURE, practice. The act of taking possession of the property
of a person condemned by the judgment of a competent tribunal, to
pay a  certain sum  of money,  by a  sheriff, constable, or other
officer, lawfully  authorized thereto, by virtue of an execution,
for the  purpose of having such property sold according to law to
satisfy the  judgment.  By  seizure  is  also  meant  the  taking
possession of  goods for  a violation  of a  public law;   as the
taking possession  of a  ship for  attempting an illicit trade. 2
Cranch, 18  7;   6 Cowen,  404;   4 Wheat. 100;  1 Gallis. 75;  2
Wash. C. C. 127, 567.

   2. The seizure is complete as soon as the goods are within the
power of the officer. 3 Rawle's Rep. 401;  16 Johns. Rep. 287;  2
Nott &  McCord, 392;   2  Rawle's Rep.  142;  Wats. on Sher. 172;
Com. Dig. Execution, C 5.

   3. The  taking of  part of  the goods  in a house, however, by
virtue of  a fieri  facias in  the name  of the  whole, is a good
seizure of  all. 8  East, R.  474. As the seizure must be made by
virtue of  an execution,  it is  evident that  it cannot  be made
after the  return day.  2 Caine's Rep. 243;  4 John. R. 450. Vide
Door;  House;  Search Warrant.

  SELECTI JUDICES. Judges among the Romans 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. Com. 366.

   SELF-DEFENCE, crim. law. The right to protect one's person and
property from injury.

  2. It will be proper to consider, 1. The extent of the right of
self-defence. 2. By whom it may be exercised. 3. Against whom. 4.
For what causes.

   3. -  1. As  to the  extent of the right, it may be laid down,
first, that  when threatened  violence exists,  it is the duty of
the person  threatened to  use  all,  prudent  and  precautionary
measures to  prevent the  attack;   for example,  if by closing a
door which was usually left open, one could prevent an attack, it
would be  prudent, and  perhaps the  law might  require, that  it
should be  closed, in  order  to  preserve  the  peace,  and  the
aggressor might  in such  case be  held  to  bail  for  his  good
behaviour;     secondly,  if,  after  having  taken  such  proper
precautions, a party should be assailed, he may undoubtedly repel
force by  force, but  in most instances cannot, under the pretext
that he has been attacked, use force enough to kill the assailant
or hurt  him after  he has secured himself from danger;  as, if a
person unarmed enters a house to commit a larceny, while there he
does not  threaten any  one, nor  does any act which manifests an
intention to  hurt any  one, and  there are  a number  of persons
present, who may easily secure him, no one will be justifiable to
do him any injury, much less to kill him;  he ought to be secured
and delivered  to the  public authorities.  But when an attack is
made by a thief under such circumstances, and it is impossible to
ascertain to what extent he may push it, the law does not requite
the party assailed to weigh with great nicety the probable extent
of the  attack, and he may use the most violent means against his
assailant, even  to the  taking of  his life. For homicide may be


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excused, se  defendendo, where  a man has no other probable means
of preserving  his life  from one  who attacks  him, while in the
commission of  a felony,  or even  on a  sudden quarrel, he beats
him, so  that he  is reduced  to this inevitable necessity. Hawk.
bk. 2,  c. 11,  s. 13. And the reason is that when so reduced, he
cannot  call   to  his  aid  the  power  of  society  or  of  the
commonwealth, and,  being unprotected  by law,  he reassumes  his
natural rights, which the law sanctions, of killing his adversary
to protect  himself. Toull.  Dr. Civ. Fr. ]iv. 1, tit. 1, n. 210.
See Pamph. Rep. of Selfridge's Trial in 1806 2 Swift's Ev. 283.

   4. - 2. The party attacked may undoubtedly defend himself, and
the law  further sanctions  the mutual  and reciprocal defence of
such as  stand in  the near relations of hushand and wife, patent
and child,  and master  and servant. In these cases, if the party
himself, or  any of  these his relations, be forcibly attacked in
their person  or property, it is lawful for him to repel force by
force, for  the law  in these  cases respects the passions of the
human mind,  and makes,  it lawful in him, when external violence
is offered  to himself,  or to  those to  whom he bears so near a
connexion, to  do that  immediate justice to which he is prompted
by nature,  and which  no prudential motives are strong enough to
restrain. 2 Roll. Ab. 546;  1 Chit. Pr. 592.

   5. -  3. The  party making  the attack may be resisted, and if
several persons join in such attack they may all be resisted, and
one may  be killed  although he  may not  himself have  given the
immediate cause  for such  killing, if  by his  presence and  his
acts, he has aided the assailant. See Conspiracy.

  6. - 4. The cases for which a man may defend himself are of two
kinds;   first, when  a felony is attempted, and, secondly, when,
no felony is attempted or apprehended.

   7. - 1st. A man may defend himself, and even commit a homicide
for the  prevention of any forcible and atrocious crime, which if
completed would amount to a felony;  and of course under the like
circumstances, mayhem, wounding and battery would be excusable at
common law.  1 East,  P. C. 271;  4 Bl. Com. 180. A man may repel
force by  force in defence of his person, property or habitation,
against any  one who  manifests, intends, attempts, or endeavors,
by violence  or surprise,  to commit  a forcible  felony, such as
murder, rape,  robbery, arson,  burglary and  the like.  In these
cases he  is not required to retreat, but he may resist, and even
pursue his  adversary, until  he has  secured  himself  from  all
danger.

   8. -  2d. A  man may  defend himself  when no  felony has been
threatened or  attempted;  1. When the assailant attempts to beat
another and  there is  no mutual  combat;   as, where  one  meets
another and  attempts to  commit or  does commit  an assault  and
battery on  him, the  person attacked may defend himself;  and an
offer or,  attempt to  strike another, when sufficiently near, so
that that  there is danger, the person assailed may strike first,
and is  not required to wait until he has been struk. Bull. N. P.
18;   2 Roll.  Ab. 547.  2. When  there is a mutual combat upon a
sudden quarrel.  In these  cases both parties are the aggressors;


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and if  in the  fight one  is killed  it will  be manslaughter at
least, unless  the survivor  can prove  two things:    1st.  That
before the  mortal stroke  was given  be had  refused any further
combat, and  had retreated  as far  as he could with safety;  and
2d. That he killed his adversary from necessity, to avoid his own
destruction.

   9. A man may defend himself against animals, and he may during
the attack  kill them,  but not  afterwards. 1 Car. & P. 106;  13
John. 312;  10 John. 365.

   10. As a general rule no man is allowed to defend himself with
force if  he can  apply to the law for redress, and the law gives
him a  complete  remedy,  See  Assault;    Battery;    Necessity;
Trespass.

   SELECTMEN. The  name of  certain officers  in several  of  the
United States,  who are  invested by  the statutes of the several
states with various powers.

  SELLER, contracts. One who disposes of a thing in consideration
of money;  a

 vendor.

   2. This  term is more usually applied in the sale of chattels,
that of vendor in the sale of estates.

   3. The  duties of the seller are, 1. To deal with fairness. 2.
To deliver the thing sold at the time and place appointed, and to
take care  of it until deli-very;  but when everything the seller
has to  do with  the goods is complete, the property and the risk
of accident  to the  goods,  rests  in  the  buyer,  even  before
delivery, or  payment. Noy's  Max. ch.  24;   7 East, 571;  2 Bl.
Com. 448.   3.  To warrant the title of personal property when he
sells it  as his  own, when it is in his possession. 2 Kent, Com.
374;  1 Lord Raym. 593;  1 Salk. 210.

  4. The rights of the seller are, 1. To be paid the price agreed
upon. 2.  To be indemnified for any expenses he may have incurred
to preserve  the thing  sold for the buyer, after the title to it
has passed  to the  latter. 3. To stop the thing in transitu when
the buyer  has failed  and the  price has  not been  paid  .  See
Stoppage, in  transitu. Vide Purchaser, and the authorities there
cited;  Bouv. Inst. Index, h. t.

  SEMBLE. A French word which signifies, it seems. It is commonly
used before  the statement  of a  point of law which has not been
directly settled;   but  about which  the court have expressed an
opinion, and intimated what it is.

   SEMI-PROOF, civ. law. Presumptions of fact are so called. This
degree of proof is thus deaned:  "Non est ignorandum, probationem
semiplenam eam esse, per quam rei gestae fides aliqua fit judici;
non tamen  tanta ut  jure debeat  in pronuncianda  sententia  eam
sequi." Mascardus, De Prob. vol. 1, Quaest. 11, n. 1, 4.


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  SEMINAUFRAGIUM. A term used by Italian lawyers, which literally
signifies  half-shipwreck,  and  by  which  they  understand  the
jetsam,  or   casting  merchan-dise   into  the  sea  to  prevent
shipwreck. Locre,  Esp.  du  Code  de  Com.  art.  409.  It  also
signifies the state of a vessel which has been so much injured by
tem-pest or  accident, that  to repair  the damages,  after being
brought into  port, and prepare her for sea, would cost more than
her worth. 4 Law Rep. 120.

   SEMPER PARATUS.  The name  of a  plea by  which the  defendant
alleges that he has always been ready to perform what is demanded
of him. 3 Bl. Com. 303. The same as Tout temps prist. (q. v.)

   SEN. This  is said  to be  an  ancient  word  which  signified
justice. Co. Litt. 61 a.

     SENATE,  government.   The  less   numerous  branch  of  the
legislature.

   2. The constitution of the United States, article 1, s. 3, cl.
1, directs  that "the  senate  of  the  United  States  shall  be
composed  of   two  senators  from  each  state,  chosen  by  the
legislature thereof  for six  years;  and each senator shall have
one vote."  The vice  president of the United States," to use the
language of  the constitution,  art. 1,  s. 3,  cl. 4,  "shall be
president of  the senate,  but shall  have no vote unless they be
equally divided."  In the  senate each  state  in  its  political
capacity, is  represented, upon  a footing  of perfect  equality,
like a congress of sovereigns or ambassadors, or like an assembly
of peers.  It is  unlike the  house of representatives. where the
people are represented. Story, Const. ch. 10.

     3.  The  senate  of  the  United  States  is  invested  with
legislative, executive and judicial powers.

  4. - 1. It is a legislative body whose concurrence is requisite
to the  passage of  every law.  It may originate any bill, except
those for raising rev-enue, which shall originate in the house of
representatives;   but the  senate may  propose  or  concur  with
amendments as on other bills. Const. art. 1, s. 7, el. I.

   5. -  2. The  senate is  invested with  executive authority in
concluding treaties  and making  appointments. Vide  President of
the United States of America.

   6. -  3. It  is invested with judicial power when it is formed
into a  court for  the trial  of impeachments.  See Courts of the
United States.

   7. In  most of  the states  the less  numerous branch  of  the
legislature bears  the title of senate. In such a body the people
are represented  as well  as in  the other  house.  Vide  article
Congress;   and, for  the senates of the several states, the name
of each  state. See,  also, articles Courts of the United States,
I;   House of  Representatives;   Vice-President  of  the  United
States.


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  SENATOR, government. One who is a member of a senate.

   2. No  person shall  be a senator [of the national senate] who
shall not  have attained  the age  of thirty years, and been nine
years a  citizen of  the United  States and  who shall  not  when
elected, be  an inhabitant  of that  state for  which he shall be
chosen. Const.  U. S.  art. 1, s. 3, cl. 5. Vide 1 Kent, Com. 224
Story on the Const. 726 to 730.

   SENATUS CONSULTUM, civ. law. A decree or decision of the Roman
senate, which had the force of law.

   2. When  the Roman  people had  so increased that there was no
place where  they could  meet, it  was found necessary to consult
the senate  instead of  the people,  both on  public affairs  and
those  which  related  to  individuals.  The  opinion  which  was
rendered on  such an occasion was called senatus consultum. Inst.
1, 2,  5;   Clef des  Lois Rom. h. t.;  Merl. Repert. h. t. These
decrees frequently  derived their  titles from  the names  of the
consuls or  magistrates who proposed them;  as, senatus-consultum
Claudianum, Libonianum,  Velleianum, &c. from Claudius, Libonius,
Valleius. Ail. Pand. 30.

  SENESCHALLUS. A steward. Co. Litt. 61 a.

  SENILITY. The state of being old.

   2. Sometimes in this state it is exceedingly difficult to know
whether the  individual is or is not so deprived of the powers of
his mind  as to  be unable  to manage  his affairs.  In  general,
senility of  energy in some of the intellectual operations, while
the affections remain natural and unperverted;  such a state may,
however, be followed by actual dementia or idiocy.

   3. When  on account  of senility the party is unable to manage
his affairs,  a committee will be appointed as in case of lunacy.
1 Coll.  on Lunacy,  66;   2 John.  Ch. R.  232;  12 Ves. 446;  4
Call's R.  423;   5 John.  Ch. R. 158;  8 Mass. 129;  2 Ves. sen.
407;   19 Ves.  285;   2 Cyclop.  of Pract.  Med. 872.  See  Aged
Witness.

   SENIOR. The  elder. This addition is sometimes made to a man's
name, when  two persons  bear the  same, in  order to distinguish
them. In  practice when  nothing  is  mentioned,  the  senior  is
intended. 3 Miss. R. 59. See Junior.

   SENTENCE. A  judgment, or judicial declaration made by a judge
in a  cause. The  term judgment is more usually applied to civil,
and sentence to criminal proceedings.

   2. Sentences are final, when they put, an end to the case;  or
interlocutory, when they settle only some incidental matter which
has arisen  in the  course of its progress. Vide Aso & Man. Inst.
B. 3, t. 8, c. 1.

  SEPARALITER. Separately.


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   2. This word is sometimes used in indictments to show that the
defendants are  charged separately  with offences, which, without
the addition  of this  word, would  seem, from  the form  of  the
indictment, to  be charged  jointly;   as, for  example, when two
persons are  indicted together  for perjury,  and the  indictment
states that  A and  B came  before a  commissioner, &c.,  this is
alleging that  they were  both guilty  of the same crime, when by
law their  crimes are  distinct, and  the indictment  is vicious;
but if the word separaliter is used, then the affirmation is that
each was guilty of a separate offence. 2 Hale, P. C. 174.

   SEPARATE ESTATE.  That which  belongs to  one only  of several
persons;   as, the  separate estate  of a partner, which does not
belong to the partnership. 2 Bouv. Inst. n. 1519.

   2. The  separate estate  of a  married woman,  is  that  which
belongs to  her, and  over which  her hushand  has  no  right  in
equity. It  may consist  of lands or chattels. 4 Barb. S. C. Rep.
407;  1 Const. R. 452;  4 Bouv. Inst. n. 3996.

  SEPARATE MAINTENANCE, contracts. An allowance made by a hushand
to his wife for her separate support and maintenance.

   2. When this allowance is regularly paid, and notice of it has
been given,  no person  who has  received  such  notice  will  be
entitled to recover against the hushand for necessaries furnished
to the  wife, because  the liability of the hushand, depends on a
presumption of  authority delegated  by him to the wife, which is
negatived by the facts of the case. 2 Stark. Ev. 699.

   SEPARATE TRIAL,  practice. The trial of one person by himself,
when he is jointly indicted with others for an alleged offence.

   2. On  a joint indictment against two or more defendants for a
crime of  misdemeanor, it  is in  the  discretion  of  the  court
whether to  allow a separate trial for each prisoner, or to order
the whole  of them  to be  tried together.  1 Baldw. Rep. 81;  12
Wheat. 480;   5  Serg. &  Rawle, 60;   but see 1 Pet., C. C. Rep.
118.

   SEPARATION, contracts. When the hushand and wife agree to live
apart they are said to have made a separation.

  2. Contracts of this kind are generally made by the hushand for
himself and  by the  wife with  trustees. 4  Paige's R.  516;   3
Paige's R.  483;   5 Bligh,  N. S. 339;  1 Dow & Clark, 519. This
contract does  not affect  the marriage,  and the parties may, at
any time  agree to live together as hushand and wife. The hushand
who has  agreed to  a total separation cannot bring an action for
criminal conversation  with the  wife.  Roper,  Hush.  and  Wife,
passim;   4 Vin.  Ab. 173;   2  Stark. Ev. 698;  Shelf. on Mar. &
Div. ch. 6, p. 608.

   3. Reconciliation after separation supersedes special articles
of separation  in courts of law and equity. 1 Dowl. P. C. 245;  2
Cox, R.  105;   3 Bro. C. C. 619, n.;  11 Ves. 532. Public policy
forbids that  parties should  be permitted to make agreements for


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themselves to  hold good whenever they choose to live separate. 5
Bligh, N.  S. 367, 375;  and see 1 Carr. & P. 36. See 5 Bligh, N.
S. 339;   2 Dowl. P. C. 332;  2 C. & M. 388;  3 John. Ch. R. 521;
2 Sim.  & Stu.  372;  1 Edw. R. 380;  Desaus. R. 45, 198;  1 Y. &
C. 28;  11 Ves. 526;  2 East, R. 283;  8 N. H. Rep. 350;  1 Hoff.
R. 1.

  SEPULCHRE. The place where a corpse is buried. The violation of
sepulchres is a misdemeanor at common law. Vide Dead bodies.

  TO SEQUESTER, civil and eccles. law. To renounce. Example, when
a widow  comes into court and disclaims having anything to do, or
to intermeddle with her deceased hushand's estate, she is said to
sequester. Jacob, L. D. h. t.

   SEQUESTRATION, chancery practice. The process of sequestration
is a  writ of  commission, sometimes directed to the sheriff, but
most usually,  to four or more commissioners of the complainant's
own nomination,  authorizing them  to  enter  upon  the  real  or
personal estate  of the  defendant, and to take the rents, issues
and profits  into their own hands, and keep possession of, or pay
the same as the court shall order and direct, until the party who
is in  contempt shall  do that  which he  is enjoined  to do, and
which is specially mentioned in the writ. 1 Harr. Ch. 191;  Newl.
Ch. Pr. 18;  Blake's Ch. Pr. 103.

   2. Upon  the return  of non  est inventus  to a  commission of
rebellion, a  ser-geant-at-arms may  be moved  for;   and  if  he
certifies that  the defendant  cannot be  taken, a  motion may be
made upon  his certificate,  for an  order for a sequestration. 2
Madd. Chan. 203;  Newl. Ch. Pr. 18;  Blake's Ch. Pr. 103.

  3. Under a sequestration upon mesne process, as in respect of a
contempt for  want of appearance or answer, the sequestrators may
take possession of the party's personal property and keep him out
of possession;  but no sale can take place, unless perhaps to pay
expenses;   for this  process is  only to  form the foundation of
taking the  bill pro confesso. After a decree it may be sold. See
3 Bro.  C. C. 72;  2 Cox, 224;  1 Ves. jr. 86;  3 Bro. C. C. 372;
2 Madd.  Ch. Pr.  206. See,  generally, as  to  this  species  of
sequestration, 19  Vin. Abr.  325;    Bac.  Ab.  h.  t.;    Com.;
Chancery, D  7, Y 4;  1 Hov. Supp. to Ves. jr. 25 to 29;  1 Vern.
by Raith. 58, note 1;  Id. 421, note 1.

   SEQUESTRATION, contracts.  A species  of deposit, which two or
more persons,  engaged in  litigation about anything, make of the
thing in  contest to  an indifferent person, who binds himself to
restore it  when the issue is decided, to the party to whom it is
adjudged to  belong. Louis.  Code, art.  2942;   Story on  Bailm:
§45. Vide  19 Vin. Ab. 325;  1 Supp. to Yes. jr. 29;  1 Vern. 58,
420;   2 Ves.  jr. 23;   Bac.  Ab. h.  t. 2.  This  is  called  a
conventional sequestration,  to distinguish  it from  a  judicial
sequestration, which  is considered in the preceding article. Sec
Dalloz, Dict. mot Sequestre.

   SEQUESTRATION, Louisiana  practice. The  Code of  Practice  in
civil  cases  in  Louisiana,  defines  and  makes  the  following


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provisions  on   the  subject   of   sequestration.   Art.   269.
Sequestration is 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 sequestratian.
Vide 1 Mart. R. 79;  1 L. R. 439;  Civil Code of Lo. 2941;  2948.

  2. - Art. 270. In this acceptation, the word sequestration does
not mean  a judicial  deposit, because  sequestration  may  exist
together with  the right  of administration,  while mere  deposit
does not admit it.

   3. -  Art. 271.  All species of property, real or personal, as
well as the revenue proceeding from the same, may be sequestered.

   4. - Art. 272. Obligations and titles may also be sequestered,
when their ownership is in dispute.

  5. - Art. 273. Judicial sequestration is generally ordered only
at the request of one of the parties to a suit;  there are cases,
nevertheless, where  it is  decreed by  the  court  without  such
request, or is the consequence of the execution of judgments.

    6.  -  Art.  274.  The  court  may  order,  ex  officio,  the
sequestration of  real property  in suits, where the ownership of
such property  is in  dispute and  when  one  of  the  contending
parties does  not seem  to have  a more  apparent  right  to  the
possession than  the other.  In such  cases, sequestration may be
ordered to  continue, until  the question of ownership shall have
been decided.

   7. -  Art. 275. Sequestration may be ordered at the request of
one of the parties in a suit in the following cases:  1. When one
who had  possessed for  more than  one  year,  has  been  evicted
through violence,  and sues  to be restored to his possession. 2.
When one  sues for  the possession  of movable  property, or of a
slave, and  fears that the party having possession, may ill treat
the slave  or send either that slave, or the property in dispute,
out of  the jurisdiction of the court, during the pendency of the
suit. 3. When one claims the ownership, or the possession of real
property, and  has good  ground to appre-hend, that the defendant
may make  use of  his possession  to dilapidate  or to  waste the
fruits or  revenues produced by such property, or convert them to
his own  use. 4.  When a woman sues for a separation from bed and
board, or only for a separation of property from her hushand, and
has reason  to apprehend that he will ruin her dotal property, or
waste the  fruits or  revenues produced  by the  same during  the
pendency of  the action. 5. When one has petitioned for a stay of
proceedings, and  a meeting  of his creditors, and such creditors
fear that  he may  avail himself  of such stay of proceedings, to
place the  whole, or  a part of his property, out of their reach.
6. A  creditor by  special  mortgage  shall  have  the  power  of
sequestering the  mortgaged property, when he appre-hends that it
will be  removed out  of the state before he can have the benefit
of his  mortgage, and  will make  oath of the facts which induced
his apprehension.


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   8. -  Art. 276.  A plaintiff  wishing to  obtain an  order  of
sequestration in  any one of the cases above provided, must annex
to the  petition  in  which  he  prays  for  such  an  order,  an
affidavit, setting  forth the  cause for  which  he  claims  such
order, he  must besides,  execute his  obligation in favor of the
defendant, for  such sum  as the  court shall determine, with the
surety of  one good  and  solvent  person,  residing  within  the
jurisdiction of  the court, to be responsible for such damages as
the defendant may sustain, in case such sequestration should have
been wrongfully obtained.

   9. -  Art. 277.  When security is given in order to obtain the
sequestration of  real property which brings a revenue, the judge
must require  that it  be  given  for  an  amount  sufficient  to
compensate the  defendant, not  only for  all damage which he may
sustain, but  also for  the privation of such revenue, during the
pendency of the action.

  10. - Art. 278. The plaintiff when he prays for a sequestration
of the  property of  one who  has failed, is not required to give
such security, though that property bring in a revenue.

   11. -  Art.  279.  A  defendant  against  whom  a  mandate  of
sequestration has  been obtained, except in cases of failure, may
have the  same set aside, by executing his obligation in favor of
the sheriff,  with one  good and  solvent  surety,  for  whatever
amount the  judge may  determine, as  being equal to the value of
the property to be left in his possession.

   12. - Art. 280. The security thus given by the defendant, when
the property  sequestrated consists  in movables  or  in  slaves,
shall be  responsible that he shall not send away the same out of
the jurisdiction  of the  court;   that  he  shall  not  make  an
improper use  of them;  and that he will faithfully present them,
after definitive  judgment, in  case  he  should  be  decreed  to
restore the same to the plaintiff.

   13. -  Art. 281.  As regards landed property, this security is
given to prevent the defendant, while in possession, from wasting
the property, and for the faithful restitution of the fruits that
he may  have received  since the demand, or of their value in the
event of his being cast in the suit.

   14. -  Art. 282.  When the  sheriff has  sequestered  property
pursuant to  an order  of the  court, he shall, after serving the
petition and  the copy  of the  order  of  sequestration  on  the
defendant, send  him return  in writing to the clerk of the court
which gave  the order,  stating in  the same  in what  manner the
order was  executed, and  annex to  such return a true and minute
inventory of  the property  sequestered, drawn  by  him,  in  the
presence of two witnesses.

   15. -  Art. 283.  The sheriff,  while he retains possession of
sequestered property,  is bound  to take  proper care of the same
and to  administer the  same, if it be of such nature as to admit


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of it,  as a  prudent father  of a  family  administers  his  own
affairs. He  may  confide  them  to  the  care  of  guardians  or
overseers, for  whose acts he remains responsible, and he will be
entitled to  receive a  just compensation for his administration,
to be  determined by  the court,  to be  paid to  him out  of the
proceeds of  the property  sequestered, if  judgment be  given in
favor of the plaintiff.

  SEQUESTRATOR. One to whom a sequestration is made.

   2. A depositary of this kind cannot exonerate himself from the
care of the thing sequestered in his hands, unless for some cause
rendering it  indispens-able that  he should  resign  his  trust.
Louis. Code,  art. 2947.  See Stakeholder. Sequestrators are also
officers appointed by a court of chancery, and named in a writ of
sequestration. As to their powers and duties, see 2 Madd. Ch. Pr.
205, 6;  Blake's Ch. Pr. 103;  Newl. Ch. Pr. 18, 19;  1 Harr. Ch.
191.

  SERF. During the feudal times certain persons who were bound to
perform very onerous duties towards others, were so called. Poth.
Des Personnes,  p. 1,  t. 1,  a. 6, s. 4. There is this essential
difference between a serf and a slave;  the serf was bound simply
to labor  on the  soil where he was born, without any right to go
elsewhere without  the consent  of his  lord;  but he was free to
act as he pleased in his daily action:  the slave on the contrary
is the  property of  his master, who may require him to act as he
pleases in  every respect,  and who  may sell  him as  a chattel.
Lepage, Science du Droit, c. 3, art. 2, §2.

   SERGEANT or  SERJEANT, Engl.  law. An officer in the courts of
the highest grade among the practitioners of the law.

   SERGEANT or  SERJEANT, in  the army.  An inferior officer of a
company of foot, or troop of dragoons appointed to see discipline
observed, to  teach the  soldiers the exercise of their arms, and
to order, straighten and form ranks, files, &c.

   SERGEANT AT  ARMS, An officer appointed by a legislative body,
whose duties  are to  enforce the  orders given  by such  bodies,
generally under the warrant of its presiding officer.

   SERIATIM. In  a series,  severally;   as, the judges delivered
their opinions seriatim.

   SERJEANTY, Eng.  law. A species of service which cannot be due
or performed  from a  tenant to  any lord  but the  king;  and is
either grand or petit serjeanty.

   SERVANTS, (negro  or mulatto,)  Pennsylvania.  By  the  fourth
section of  the act  for the gradual abolition of slavery, passed
the first  day of March, 1780, 1 Smith's Laws of Penn. 492, it is
"provided that  every negro  or mulatto  child, born  within this
state after  the passing of this act, (who would in case this act
had not  been made,  have been a servant for years, or life, or a
slave) shall be by virtue of this act the servant of such person,
or his  assigns who  would in such case have been entitled to the


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service of  such child,  until such  child attain unto the age of
twenty-eight years,  in the manner and on the conditions, whereon
servants bound by indenture for four years are or may be retained
or  holden;     and  shall  be  liable  to  like  correction  and
punishment, and  entitled to  like relief,  in case  he be evilly
treated by  his master,  and to like freedom dues and privileges,
as servants  bound by  indenture for  four  years  are  entitled,
unless the  person to whom such services belong shall abandon his
claim to the same;  in which case the overseers of the poor where
such child  shall be  abandoned shall by indenture bind out every
such child so abandoned as an apprentice for a time not exceeding
the age  hereinbefore limited  for the service of such children."
And by  the thirteenth  section it is enac-ted, "that no covenant
of personal servitude or apprenticeship whatsoever shall be valid
or binding  on a  negro or  mulatto for  a longer time than seven
years, unless such servant or apprentice were at the commencement
of such  servitude or apprenticeship, under the age of twenty-one
years, in  which case  such negro  or mulatto  may be holden as a
servant or  apprentice, respectively,  according to the covenant,
as  the  case  shall  be,  until  he  shall  attain  the  age  of
twenty-eight years,  but no longer." See 6 Binn. 204;  1 Browne's
R. 369, n.

   2. The  act requires that a register of such children as would
have been  slaves shall  be kept  by  a  public  officer  therein
designated. The want of registry entitles such child to freedom.

   SERVANTS. In Louisiana they are divided into free servants and
slaves. See Slaves;  Slavery.

   2. 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 sum or retribution, or upon certain conditions.

  3. There are three kinds of free servants in the state, to wit:

   4. -  1. Those  who only  hire out  their services by the day,
week, month, or year, in consideration of certain wages.

   5. -  2. Those  who engage  to serve  for a  fixed time  for a
certain consideration,  and who  are therefore  considered not as
having hired out, but as having sold their services.

  6. - 3. Apprentices that is, those who engage to serve any one,
in order  to learn  some art,  trade, or profession. Civ. Code of
Lo. art. 155, 156, 157.

   SERVANTS, menial.  Domestics those  who receive wages, and who
are lodged  and fed in the house of another, and who are employed
in his services. Such servants are not particularly recognized by
law. They  are called  menial servants, or domestics, from living
infra moenia,  within the  walls of  the house.  1 Bl.  Com. 324;
Wood's Inst.  53;   1 Sw.  Syst. 218.  The right of the master to
their services  in every  respect is  grounded  on  the  contract
between them.  2. Labor-ers,  or persons hired by the day's work,


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or any longer time, are not considered servants. 1 Sw. Syst. 218;
5 Binn.  167;   3 Serg.  & Rawle, 351. Vide 12 Ves. 114;  2 Vern.
546;   16 Ves. 486;  1 Rop. on Leg. 121;  3 Deac. & Chit. 332;  1
Mont. &  Bligh. 413;   2 Mart. N. S. 652;  Poth. Proc. Civ. sect.
2, art.  5, §5;   Poth. Ob. n. 710, 828, French ed.;  9 Toull. n.
314;  Domestic;  Operative.

  SERVI. This name was given by the Romans to their slaves;  they
were so  called from  servare,  to  preserve,  from  the  ancient
practice of the generals of the army, who were accustomed to sell
their captives,  and preserved them rather than kill them:  servi
autem ex eo appellati sunt, quod imperatores captivos vendere, ac
per hoc servare, nec occidere solent. Inst. 1 3, 3.

  SERVICE, contracts. The being employed to serve another.

   2. In cases of seduction, the gist of the action is not injury
which the  seducer has  inflicted on the parent by destroying his
peace of  mind, and  the reputation  of his  child, but  for  the
consequent inability  to perform those services for which she was
accountable  to  her  master  or  her  parent  who  assumes  this
character for  the purpose  Vide Seduction, and 2 Mees. & W. 539;
7 Car. & P. 528.

   SERVICE, feudal  law. That  duty which  the tenant owes to his
lord, by reason of his fee or estate.

   2. The services, in respect of their quality, were either free
or base,  and in  respect of  their  quantity  and  the  time  of
exacting them, were either certain or uncertain. 2 Bl. Com. 62.

   3. In  the  civil  law  by  service  is  sometimes  understood
servitude. (q. v.)

   SERVICE, practice. To execute a writ or process;  as, to serve
a writ  of capias  signifies to  arrest  a  defendant  under  the
process;   Kirby, 48;   2 Aik. R. 338;  11 Mass. 181;  to serve a
summons, is to deliver a copy of it at the house of the party, or
to deliver  it to  him personally, or to read it to him;  notices
and other  papers are  served by delivering the same at the house
of the party, or to him in person.

   2. When  the service  of a writ is prevented by the act of the
party on  whom it  is to  be served,  it  will,  in  general,  be
sufficient if the officer do everything in his power to serve it.
39 Eng. C. L. R. 431 1 M. & G. 238.

  SERVIENT, civil law. A term applied to an estate or tenement by
which a  servitude is  due to  another estate  or  tenement.  See
Dominant;  Servitude.

   SERVITUDE, civil law. A term which indicates the subjection of
one person  to another person, or of a person to a thing, or of a
thing to a person, or of a thing to a thing.

  2. Hence servitudes are divided into real, personal, and mixed.
Lois des Bat. P. 1, c. 1.


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   3. A  real or  predial servitude is a charge laid on an estate
for the  use and  utility of  another estate belonging to another
proprietor. Louis. Code, art. 643. When used without any adjunct,
the word  servitude means  a real  or predial servitude. Lois des
Bat. P. 1, c. 1.

  4. The subjection of one person to another is a purely personal
servitude;   if it exists in the right of property which a person
exercises over another, it is slavery. When the subjection of one
person to another is not slavery, it consists simply in the right
of requiring  of another  what he  is bound  to do, or not to do;
this right  arises from  all kinds  of  contracts  or  quasi  con
tracts. Lois des Bat. P. 1, c. 1, art. 1.

  5. The subjection of persons to things or of things to persons,
are mixed servitudes. Lois des Bat. P. 1, c. 1, art. 2.

   6. Real  servitudes are  divided into  rural and  urban. Rural
servitudes are  those which  are due  by  an  estate  to  another
estate, such  as the right of passage over the serving estate, or
that which  owes the  servitude, or  to draw water from it, or to
water cattle  there, or  to take coal, lime and wood from it, and
the like. Urban servitudes are those which are established over a
building fur  the convenience  of another,  such as  the right of
resting the  joists in  the wall  of  the  serving  building,  of
opening windows  which overlook the serving estate, and the like.
Dict. de  Jurisp. tit.  Servitudes. See, generally, Lois des Bat.
Part 1  Louis. Code,  tit. 4;   Code  Civil, B.  2, tit. 4;  This
Dict. tit.  Ancient Lights;   Easements;   Ways;    Lalaure,  Des
Servitudes, passim.

  SERVITUDES, NATURAL, civil law. Those servitudes which arise in
consequence of the nature of the soil.

   2. By law the inferior heritages, are submitted in relation to
the natural  flow of  waters, and  the like,  to the superior. An
inferior field  is, therefore, subject to the injury or prejudice
which the  situation of  the ground,  in its  natural state,  way
cause it.

  SERVITUDES, personal. Those by which the property of a subject,
in Scotland,  is burdened  in favor,  not of a tenement, but of a
person. Ersk.  Pr. L.  Scot. B.  2, t. 9, s. 23. Life rent is the
only personal servitude there.

   SERVITUS, civil law. A service or servitude;  a burden imposed
by law, or the agreement of parties upon certain persons, for the
benefit of  others;   or upon  one estate  for the  advantage  of
another, or for the benefit of another person than the owner.

   SERVITUS. Servitude;   slavery;  a state of bondage. "Servitus
autem, est  constitutio," say  the Institutes of Justinian, 1, 3,
2, "qua quis dominio alieno contra naturam subjicitur." Servitude
is a  disposition of the law of nations, by which, against common
right, one man has been subjected to the dominion of another. See
Bract. 4 b;  Co. Litt. 116.


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   SERVITUS LUMINUM,  civil law. The name of a servitude by which
an obligation is imposed on the owner of a house to allow windows
or lights  to be  put in  his wall  by the owner of the adjoining
house. Dig. 4, 14, 40.

   SERVITUS STILLIClDII, civil law. The name of a servitude which
obliges the  owner of  an estate to receive, or his right to turn
aside, the droppings or stream from his neighbor's house. Dig. 8,
2, 20 and 21, 41;  Voet, h. t. n. 13. Vide Stillicidium.

   SERVITUS TIGNI  IMMITTENDI, civil law. The name of a servitude
which consists  in requiring  him who  owes  it,  to  permit  his
neighbor to  place his  joists on  his wall.  It differs from the
servitude Oneris ferendi. (q. v.) in this, that in the former the
owner of the servient building is bound to repair and rebuild the
wall;  whereas, in the latter he is not. Dig. lib. 8, §2.

   SESSION. The  time during which a legislative body, a court or
other assembly  sits for  the transaction  of business;    as,  a
session of  congress, which commences on the day appointed by the
constitution, and  ends when congress finally adjourns before the
commencement of  the next session;  the session of a court, which
commences at  the day  appointed by  law, and ends when the court
finally rises a term.

   SESSION COURT, or COURT OF SESSION. The highest civil court in
the kingdom of Scotland. The judges, called lords of the session,
are fifteen in number.

   2. It  has extensive  original jurisdiction, and its powers of
review as  a court  of appeal  have no  limits. In  1808, it  was
divided into  two chambers, called the first and second division;
the lord  president and seven judges constituting the former, and
the lord  justice clerk,  who is head of the court of justiciary,
with six judges, the latter. These divisions have independent but
coordinate jurisdiction.

     3.  The  high  court  of  justiciary,  or  supreme  criminal
jurisdiction for  Scotland consists  of six judges, who are lords
of the  session, the  lord justice clerk presiding. In this court
the number  of the  jury is  fifteen, and a majority decides. The
court of session is divided into the inner house and outer house,
with appeal from the latter to the former, and from the former to
the house of lords of the United Kingdom. Encycl. Amer.

   SET, contracts.  Foreign bills of exchange are generally drawn
in parts;   as,  "pay this  my first bill of exchange, second and
third of  the same  tenor and  date not paid;" the whole of these
parts, which  make but  one bill,  are called a set. Chit. Bills,
175, 6, (edition of 1836);  2 Pardess. n. 342.

   TO SET  ASIDE. To  annul;   to make  void;  as to set aside an
award.

   2. When  proceedings are  irregular they  may be set aside on,
motion of the party whom they injuriously affect.


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   SET-OFF, contracts,  practice. Defalcation;   (q. v.) a demand
which a  defen-dant makes  against the  plaintiff in the suit for
the purpose of liquidating the whole or a part of his claim.

   2. A set-off was unknown to the common law, according to which
mutual debts  were distinct and inextinguishable except by actual
payment or release. 1 Rawle's R. 293;  Babb. on Set-off, 1.

   3. The  statute 2  Geo. II.,  c. 22,  which has been generally
adopted in  the United  States with  some modifications  however,
allowed, in  cases of mutual debts, the defendant to set his debt
against the  other, either by pleading it in bar, or giving it in
evidence, when  proper notice  had been  given of such intention,
under the  general issue.  The statute being made for the benefit
of the  defendant, is  not compulsory;   8  Watts, R.  39;    the
defendant may  Waive his  right, and bring a cross action against
the plaintiff. 2 Campb. 594;  5 Taunt. 148;  9 Watts, R. 179

   4. It seems, however, that in some cases of intestate estates,
and of  insolvent estates,  perhaps owing to the peculiar wording
of the law, the statute has been held to operate on the rights of
the parties  before action  brought, or  an act done by either of
them. 2 Rawle's R. 293;  3 Binn. Rep. 135;  Bac. Ab. Bankrupt K.

   5. Set-off  takes place  only in  actions on contracts for the
payment of  money, as  assumpsit, debt and covenant. A set-off is
not allowed  in actions  arising ex  delicto, as,  upon the case,
trespass, replevin or detinue. Bull. N. P. 181.

   6. The  matters which may be set off, may be mutual liquidated
debts or  damages, but  unliquidated damages cannot be set off. 1
Black. R. 394;  2 John. 150;  8 Conn. 325;  1 M'Cord, 7;  3 Wend.
400;   1 Stew.  & Port.  19;   2 Yeates,  208;   1 Sumn.  471;  2
Blackf. 31;  1 A. K. Marsh. 41;  6 Halst. 397;  5 Wash. C. C. 232
3 Bibb,  49;   2 Caines,  33. The  statutes refer  only to mutual
unconnected debts;   for  at common  law, when  the nature of the
employment, transaction  or dealings  necessarily  constitute  an
account consisting  of receipts  and payments, debts and credits,
the balance  only is  considered to be the debt, and therefore in
an action,  it is  not necessary in such cases either to plead or
give notice of set-off. 4 Burr. 2221.

   7. In  general, when  the government  is plaintiff, no set-off
will be  allowed. 9  Pet. 319;   4  Dall. 303. See 9 Cranch, 313;
Paine, 156.  But when an act of congress authorizes such set-off,
it may be made. 9 Cranch, 213.

   8. Judgments  in the  same rights  may be set off against each
other at the discretion of the court. 3 Bibb 233;  3 Watts 78;  3
Halst. 172;   4 Hamm. 90;  1 Stew. & Port. 24;  7 Mass. 140, 144;
8 Cowen  126. Vide  Compensation;    also  Mon-tagu  on  Set-off;
Babington on  Set-off;   3 Stark.  Ev. h.  t.;  Amer. Dig. h. t.;
Whart. Dig. h. t.;  3 Chit. Bl. Com. 304, n.;  1 Chit. Pl. Index,
h. t.;   8 Vin. Ab. 556;  Bac. Ab. h. t. 1 Sell. Pr. 321;  5 Com.
Dig. 595;   6  Id. 335;  7 Id. 336;  8 Id. 927;  Chit. Pr. Index,
h. t.;  Bouv. Inst. Index, h. t. Vide Factor.


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   TO SETTLE. To adjust or ascertain to pay.

   2. Two  contracting parties are said to settle an account when
they ascertain  what is justly due by one to the other;  when one
pays the  balance or  debt due  by him, he is said to settle such
debt or balance. 11 Alab. R. 419

   SETTLEMENT, domicil.  The right  which a  person has  of being
considered as resident of a particular place.

   2. It is obtained in various ways, to wit:  1. By birth. 2. By
the legal  settlement  of  the  father,  in  the  case  of  minor
children. 3.  By marriage.  4. By  continued residence. 5. By the
payment of requisite taxes. 6. By the lawful exercise of a public
office. 7.  By hiring  and service  for a  year. 8. By serving an
apprenticeship;   and perhaps  some others  which depend upon the
local statutes  of the  different states. Vide 1 Bl. Com. 363;  1
Dougl. 9;   2  Watts' Rep.  44, 342;  2 Penna. R. 432;  5 Serg. &
Rawle, 417;  2 Yeates' R. 51;  5 Binn. R. 81;  3 Binn. R.. 22;  6
Serg. & Rawle, 103, 565;  10 Serg. & Rawle, 179. Vide Domicil.

   SETTLEMENT, contracts.  The conveyance  of an  estate, for the
benefit of some person or persons.

   2. It  is usually  made on  the prospect  of marriage  for the
benefit of  the married  pair, or one of them, or for the benefit
of some  other persons,  as their children. Such settlements vest
the property  in trustees  upon specified  terms, usually for the
benefit of  the hushand  and wife  during their  joint lives, and
then for the benefit of the survivor for life, and afterwards for
the benefit  of children.  Ante-nuptial agreements  of this  kind
will be  enforced in  equity by  a specific  performance of them,
provided they  are fair  and valid,  and  the  intention  of  the
parties is  consistent with  the principles  and policy  of  law.
Settlements after  marriage, if made in pursuance of an agreement
in writing  entered into  prior to  the marriage, are valid, both
against creditors and purchasers.

   4. When  made without  consideration, after  marriage, and the
property of  the hushand  is settled  upon his wife and children,
the settlement will be valid against subsequent creditors, if, at
the time of the settlement being made, he was not indebted;  but,
if he  was then  indebted, it  will be  void as  to the creditors
existing at  the time  of the settlement;  3 John. Ch. R. 481;  8
Wheat. R. 229;  unless in cases where the hushand received a fair
consideration in  value of  the thing settled, so as to repel the
presumption of  fraud. 2  Ves. 16  10 Ves.  139. Vide 1 Madd. Ch.
459;  1 Chit. Pr. 57;  2 Kent, Com. 145;  2 Supp. to Ves. jr. 80,
375;  Rob. Fr. Conv. 188. See Atherl. on Mar. passim.

  5. The term settlement is also applied to an agreement by which
two or  more persons,  who have dealings together, so far arrange
their accounts,  as to  ascertain the balance due from one to the
other;  and settlement sometimes signifies a payment in full.

   TO SEVER,  practice. When defendants who are sued jointly have


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separate  defences,  they may in general sever, that is, each one
rely on  his own  separate defence;  each may plead severally and
insist on his own separate plea. See Severance.

   SEVERAL.  A  state  of  separation  or  partition.  A  several
agreement or  cove-nant, is  one entered  into  by  two  or  more
persons separately,  each binding  himself  for  the  whole;    a
several action is one in which two or more persons are separately
charged;   a several  inheritance,  is  one  conveyed  so  as  to
descend, or  come to  two persons separately by moieties. Several
is usually  opposed to  joint. Vide  3 Rawle,  306. See Contract;
Joint Contract, Parties to action.

   SEVERALTY, title  to an  estate. An estate in severalty is one
which is  held by  the tenant  in his own right only, without any
other being  joined or  connected with  him in point of interest,
during the  continuance of  his estate.  2 Bl.  Com. 179. Cruise,
Dig. 479, 480.

   SEVERANCE, pleading.  When an action is brought in the name of
several plain-tiffs,  in which  the plaintiffs  must of necessity
join, aud  one or  more of the persons so named do not appear, or
make default  after appearance,  the other  may have  judgment of
severance, or, as it is technically called, judgment ad sequendum
solum.

   2. But  in personal  actions, with  the exception  of those by
executors, and  of detinue  for charters, there can be no summons
and severance. Co. Lit. 139.

  3. After severance, the party severed can never be mentioned in
the suit, nor derive any advantage from it.

  4. When there are several defendants, each of them may use such
plea as,  he may  think proper for his own defence;  and they may
join in  the same  plea, or sever at their discretion;  Co. Litt.
303, a  except perhaps, in the case of di-latory pleas. Hob. 245,
250. But  when the  defendants have once united in the plea, they
cannot afterwards sever at the rejoinder, or other later stage of
the pleading.  Vide, generally,  Bro. Summ.  and Sev.;   2 Rolle,
488;  Archb. Civ. Pl. 59.

   SEVERANCE, estates. The act by which any one of the unities of
a joint tenancy is effected, is so called;  because the estate is
no longer a joint tenancy, but is severed.

   2. A severance may be effected in various ways, namely:  1. By
partition,  which  is  either  voluntary  or  compulsory.  2.  By
alienation of  one of  the joint  tenants, which turns the estate
into a  tenancy in  common. 3.  By the purchase or descent of all
the shares of the joint tenants, so that the whole estate becomes
vested in  one only. Com. Dig. Estates by Grant, K 5;  1 Binn. R.
175.

   3. In  another and  a less  technical sense,  severance is the
separation of  a part  of a thing from another;  for example, the
separation of  malchinery from  a mill,  is a  severance, and, in


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that case, the machinery which while annexed to the mill was real
estate, becomes  by  the  severance;    personalty,  unless  such
severance be merely temporary. 8 Wend. R. 587.

   SEWER. Properly  a trench artificially made for the purpose of
carrying water  into the  sea, river,  or  some  other  place  of
reception. Public  sewers are,  in general,  made at  the  public
expense. Crabb, R. P. §113.

   SEX. The  physical  difference  between  male  and  female  in
animals.

  2. In the human species the male is called man, (q. v.) and the
female, woman.  (q. v.) Some human beings whose sexual organs are
somewhat imperfect,  have acquired the name of hermaphrodite. (q.
v.)

   3. In  the civil  state the  sex creates  a  difference  among
individuals. Women  cannot generally  be elected  or appointed to
offices or  service in public capa-cities. In this our law agrees
with that of other nations. The civil law excluded women from all
offices civil or public:  Faemintae ab omnibus officiis civilibus
vel publicis  remotae sunt.  Dig. 50, 17, 2. The principal reason
of this  exclusion is  to encourage that modesty which is natural
to the  female sex, and which renders them unqualified to mix and
contend with  men;   the pre-tended  weakness of  the sex  is not
probably the  true reason.  Poth. Des  Personnes, tit. 5;  Wood's
Inst. 12;  Civ. Code of Louis. art. 24;  1 Beck's Med. Juris. 94.
Vide Gender;  Male;  Man;  Women;  Worthiest of blood.

   SHAM PLEA. One entered for the mere purpose of delay;  it must
be of  a matter which the pleader knows to be false;  as judgment
recovered, that  is, that  judgment has already been recovered by
the plaintiff for the same cause of action.

   2. These  sham pleas  are generally  discouraged, and  in some
cases are  treated as  a nullity.  Barn. &  Ald. 197, 199;  5 Id.
750;  1 Barn. & Cr. 286;  Archb. Civ. Pl. 249;  1 Chit. Pl. 401.

   SHARE. A  portion of  anything. Sometimes shares are equal, at
other times they are unequal.

  2. In companies and corporations the whole of the capital stock
is usually  divided into  equal proportions called shares. Shares
in public  companies have  sometimes been held to be real estate,
but most  usually  they  are  considered  as  personal  property.
Wordsw. Jo.  Sto. Co.  ch. 1  P, p.  288. 3. The proportion which
descends to  one of several children from his ancestor, is called
a share.  The term  share and  share alike,  signifies  in  equal
proportions. See Pwrpart.

   SHEEP. A wether more than a year old. 4 Car. & Payne, 216;  19
Engl. Com. Law Rep. 331, S. C.

   SHELLEY'S CASE.  This case,  reported in 1 Rep. 93, contains a
rule usually  known as  the rule  in Shelley's  case,  which  has
caused more commentaries perhaps than any other case. It has been


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expressed with great precision, though not with much elegance, to
be "in  any instrument,  if a freehold be limited to the ancestor
for life,  and the  inheritance to his heirs, either mediately or
immediately, the  first taker  takes the  whole estate;  if it be
limited to the heirs of his body, he takes a fee tail;  if to his
heirs a  fee simple."  Co. Litt. 376, b and Mr. Butler's note, 1;
3 Binn.  R. 139  1 Day, Rep. 299;  1 Prest. on Estates, ch. 3;  4
Kent, Com.  206;  Cruise, Dig. tit. 32, c. 22;  2 Yeates, R. 410;
1 Hargr. Law Tracts, article "Observations concerning the rule in
Shelley's case,  chiefly with  a view  to the application of that
rule in Last Wills;" 5 Ohio R. 465.

   SHERIFF. The name of the chief officer of the county. In Latin
he is  called vice  comes, because  in England he represented the
comes or  earl. His  name is  said to  be derived  from the Saxon
seyre, shire or county, and reve, keeper, bailiff, or guardian.

   2. The  general duties  of the  sheriff are,  1st. To keep the
peace within  the county;  he may apprehend, and commit to prison
all persons  who break the peace or attempt to break it, and bind
any one  in a  recognizance to  keep the peace. He is required ex
officio, to  pursue and  take all traitors, murderers, felons and
rioters. He has the keeping of the county gaol and he is bound to
defend  it   against  all  attacks.  He  may  command  the  posse
comitatus. (q. v.)

   3.  - 2d. In his ministerial capacity, the sheriff is bound to
execute within  his county or bailiwick, all process issuing from
the courts of the commonwealth.

   4. -  3d. The  sheriff also possesses a judicial capacity, but
this is  very much  circumscribed to what it was at common law in
England. It  is now  generally confined  to ascertain  damages on
writs of inquiry and the like.

   5. Generally  speaking the sheriff has no authority out of his
county. 2  Rolle's Rep.  163;   Plowd, 37  a. He may, however, do
mere ministerial  acts out  of his  county, as  making a  return.
Dalt.  Sh.   22.  Vide,   generally,  the   various  Digests  and
Abridgments, h.  t.;   Dalt. Sher.;    Wats.  Off.  and  Duty  of
Sheriff;   Wood's Inst. 75;  18 Engl. Com. Law Rep. 177;  2 Phil.
Ev. 213;  Chit. Pr. Index, h. t.;  Chit. Pr. Law, Index, h. t.

   SHERIFFALTY. The  office of  sheriff, the  time during which a
sheriff is to remain in office.

   SHIFTING USE, estates. One which takes effect in derogation of
some other estate, and is either limited by the deed creating it,
or authorized  to be  created by some person named in it. This is
sometimes called a secondary use.

   2. The  following is an example:  If an estate be limited to A
and his  heirs, with  a proviso  that if  B pay  to A one hundred
dollars by  a time named, the use to A shall ease, and the estate
go to  B in  fee;   the estate  is vested  in A  subject  to  the
shifting or  secondary use  in fee in B. Again, if the proviso be
that C  may revoke  the use  to A,  and limit  it to B, then A is


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seised in  fee, with a power in C of revocation and limitation of
a new  use. These  shifting uses  must be  confined within proper
limits, so  as not  to create  a perpetuity.  4 Kent,  Com.  291;
Cornish on  Uses, 91;   Bac.  Ab. Uses  and Trusts, K;  Co. Litt.
327, a,  note Worth  on Wills,  419;  2 Bouv. Inst. n. 1890. Vide
Use.

   SHILLING, Eng.  law. The name of an English coin, of the value
of one  twen-tieth part  of a  pound. In the United States, while
they were  colonies, there  were coins  of this denomination, but
they greatly varied in their value.

  SHIP. This word, in its most enlarged sense, signifies a vessel
employed in  navigation;   for  example,  the  terms  the  ship's
papers, the ship's hushand, shipwreck, and the like, are employed
whether the  vessel  referred  to  be  a  brig,  a  sloop,  or  a
three-masted vessel.

   2. In a more confined sense, it means such a vessel with three
masts 4 Wash. C. C. Rep. 530;  Wesk. Inst. h. t. p. 514 the boats
and rigging;  2 Marsh. Ins. 727 together with the anchors, masts,
cables, pullies, and such like objects, are considered as part of
the ship. Pard. n. 599;  Dig. 22, 2, 44.

  3. The capacity of a ship is ascertained by its tonnage, or the
space which may be occupied by its cargo. Vide Story's Laws U. S.
Index, h.  t.;   Gordon's Dig.  h. t.;  Abbott on Ship. Index, h.
t.;   Park. Ins.  Index, h.  t.;  Phil. Ev. Index, h. t. Bac. Ab.
Merchant, N;   3 Kent, Com. 93 Molloy, Jure Mar. Index, h. t.;  l
Chit. Pr.  91;   Whart. Dig. h. t.;  1 Bell's Com. 496, 624;  and
see General Ships;  Names of Ships.

   SHIP BROKER.  One who transacts business between the owners of
vessels and merchants who send cargoes.

   SHIP DAMAGES.  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. Dougl. 272;
Abbott, on Ship. 204.

   SHIP'S HUSBAND, mar. law. An agent appointed by the owner of a
ship, and  invested with authority to make the requisite repairs,
and attend  to the  management, equipment,  and other concerns of
the ship  he is usually authorized to act as the general agent of
the owners, in relation to the ship in her home port.

   2. By  virtue of  his agency,  he is  authorized to direct all
proper repairs,  equipments and outfits of the ship;  to hire the
officers and  crew;   to enter  into contraets for the freight or
charter of  the ship, if that is her usual employment;  and to do
all other  acts necessary  and proper to prepare and despatch her
for and  on ber  intended voyage. 1 Liverm. on Ag. 72, 73;  Story
on Ag. §35.

   3. By  some authors,  it is  said the ship's hushand must be a
part owner. Hall on Mar. Loans, 142, n.;  Abbott on Ship. part 1,
c. 3,  s. 2.  4. Mr. Bell, Comm. 410, §428, 5t ed. p. 503, points


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out the  duties of the ship's hushand, as follows, namely:  1. To
see to  the proper  outfit of the vessel, in the repairs adequate
to the  voyage, and  in the  tackle and furniture necessary for a
sea-worthy ship.

   5. - 2. To have a proper master, mate, and crew, for the ship,
so that, in this respect, it shall be sea-worthy.

   6. -  3. To  see the  due furnishing of provisions and stores,
according to the necessities of the voyage.

   7. -  4. To  see to the regularity of the clearance's from the
custom-house, and the regularity of the registry.

  8. - 5. To settle the contracts, and provide for the payment of
the furnishings  which are  requisite to the performance of those
duties.

   9. -  6. To  enter into  proper charter parties, or engage the
vessel for  general freight,  under the usual conditions;  and to
settle for freight, and adjust averages with the merchant;  and,

   10. -  7. To  preserve the  proper certificates,  surveys  and
documents,  in   case  of   future  disputes  with  insurers  and
freighters and to keep regular books of the ship.

   11. These  are his  general powers, but of course, they may be
limited or  enlarged by the owners;  and it may be observed, that
without special  authority, he  cannot, in  general, exercise the
following enumerated acts:

 1.  He cannot  borrow money  generally for  the use of the ship;
though, as  above  observed,  he  may  settle  the  accounts  for
furnishings, or  grant bills  for them,  which form debts against
the concern,  whether or not he has funds in his hands with which
he might have paid them. 1 Bell, Com. 411, 499.

  12. - 2. Although he may in general, levy the freight which is,
by the  bill of  lading, payable on the delivery of the goods, it
would seem  that he  would not  have power  to take bills for the
freight, and  give up  the possession of the lien over the cargo,
unless it has been so settled by the charter party. Id.

   13. -  3. He  cannot insure,  or bind the owners for premiums.
Id.;   5 Burr. 2627;  Paley on Ag. by Lloyd, 23, note 8;  Abb. on
Ship. part 1, c. 3, s. 2;  Marsh. Ins. b. 1, c. 8, s. 2;  Liv. on
Ag. 72, 73.

   14. As  the power  of the  master to  enter into  contracts of
affreightments, is superseded in the port of the owners, so it is
by the  presence of  the ship's  hushand, or the knowledge of the
contracting parties  that a  ship's hushand  has been  appointed.
Bell's Com. ut supra.

   SHIP'S PAPERS.  Those documents which are required on board of
neutral ships,  as evidence  of their  neutrality, These  are the
passports,  sea-letter,   muster-roll,  charter  party,  bill  of
lading, invoices,  log book, bill of health, register, and papers
containing proofs of property. 1 Chit. Com. Law 487.


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   2. The  want of  these papers,  or either of them, renders the
character of  a vessel  suspicious. Vide  Clearance, and 2 Boulay
Paty, Dr. Com. 14.

   SHIPPER. One  who ships or puts goods on board of a vessel, to
be carried  to another  place during  her voyage. In general, the
shipper is  bound to  pay for  the hire  of the  vessel,  or  the
freight of the goods. 1 Bouv. Inst. n. 1030.

  SHIPPING ARTICLES, contr. mar. law. The act of congress of July
20, 1790,  s. 1, directs that a master of any vessel bound from a
port in  the United  States to any foreign port, or of any vessel
of fifty  tons or  upwards, bound  from a  port in one state to a
port in  any other  than at  adjoining state,  shall,  before  he
proceed on such voyage, make an agreement in writing or in print,
with every  seaman or  mariner on board such vessel, (except such
as  shall  be  apprenticed  or  servant  to  himself  or  owners)
declaring the voyage or voyages, term or terms of time, for which
such seaman or mariner shall be shipped.

   2. And  by sect.  2, it  is required that at the foot of every
such coutract, there shall be a memorandum in writing, of the day
and the  hour on  which such  seaman or mariner who shall so ship
and subscribe,  shall render himself on board to begin the voyage
agreed upon.

  3. This instrument is called the shipping articles. For want of
which, the  seaman is  entitled to  the highest  wages which have
been given  at the  port or  place where  such seaman  or mariner
shall have  been shipped for a similar voyage within three months
next before  the time  of such  shipping, on  his performing  the
service, or during the time he shall continue to do duty on board
such vessel,  without being bound by the regulations, nor subject
to the  penalties and  forfeitures contained  in the  said act of
congress;   and the  master is  further liable  to a  penalty  of
twenty dollars.

   4. The shipping articles ought not to contain any clause which
derogates from  the general  rights and privileges of seamen, and
if they  do, such clause will be declared void. 2 Sumner, 443;  2
Mason, 541.

   5. A  seaman who  signs shipping articles, is bound to perform
the voyage,  and he  has no  right to  elect to  pay damages  for
non-performance of the contract. 2 Virg. Cas. 276.

   Vide, generally,  Gilp. 147,  219, 452;   1 Pet. Ad. Dec. 212;
Bee, 48;  1 Mason, 443;  5 Mason, 272;  14 John. 260.

   SHIPWRECK. The  loss of  a vessel  at sea,  either.  by  being
swallowed up  by the  waves, by running against another vessel or
thing at sea, or on the coast. Vide Naufrage;  Wreck.

  SHIRE, Eng. law. A district or division of country. Co. Lit. 50
a.


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   SHOP BOOK.  This name  is given to a book in which a merchant,
mechanic, or  other person,  makes original entries of goods sold
or work done.

   2. In general, such a book is prima facie evidence of the sale
of the  goods and  of the work done, but not of their value. Vide
Original entry.

   SHORE. Land  on the  side of  the sea,  a lake, or a river, is
called the shore. Strictly speaking, however, when the water does
not ebb  and flow,  in a river, there is no shore. See 4 Hill, N.
Y. Rep. 375;  6 Cowen, 547;  and Seashore.

  SHORT ENTRY. A term used among bankers, which takes, place when
a note has been sent to a bank for collection, and an entry of it
is made  in the  cus-tomer's bank  book, stating the amount in an
inner column,  and carrying  it out into the accounts between the
parties when it has been paid.

  2. A bill of this kind remains the property of the depositor. 1
Bell's Com. 27l;  9 East, 12;  1 Rose, 153;  2 Rose, 163;  2 B. &
Cr. 422;  Pull. Mer. Acc. 56.

  SI FACERIT TE SECUREM. If he make you secure. These words occur
in the  form  of  writs,  which  originally  requited,  or  still
require, that  the plaintiff  should give security to the sheriff
that he  will prosecute  his claim,  before the  sheriff  can  be
required to execute such writ.

   SICKNESS. By  sickness is understood any affection of the body
which deprives  it temporarily  of the  power to fulfil iis usual
functions.

   2. Sickness  is either  such as affects the body generally, or
only some  parts of  it. Of  the former  class,  a  fever  is  an
example;   of the  latter, blindness.  When a  process  has  been
issued against  an individual  for his  arrest, the  she-riff  or
other officer  is authorized, after he has arrested him, if he be
so dangerously  sick, that  to remove him would endanger his life
or health,  to let  him remain  where he found him, and to return
the facts at large, or simply languidus. (q. v.)

   SIDE BAR  RULES, Eng practice. Rules which were formerly moved
for by  attorneys on  the side  bar of the court;  but now may be
had of  the clerk of the rules, upon a praecipe. These rules are,
that the  sheriff return  his writ;   that  he bring in the body;
for special  imparlance;   to be  present at the taxing of costs,
and the like.

   SIENS. An  obsolete  word,  formerly  used  for  scion,  which
figuratively signified  a person who descended from another. "The
sien," says  Lord Coke,  "takes  all  his  nourishment  from  the
stocke, and yet it produceth his own fruit." Co. Lit. 123 a. Vide
Branch.


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  SIGILLUM. A seal. (q. v.) Vide Scroll.

  SIGHT, contracts. Bills of exchange are frequently made payable
at sight, that is, on presentment, which might be taken naturally
to mean  that the bill should then be paid without further delay;
but although  the point  be not  clearly settled,  it  seems  the
drawee is  entitled to the days of grace. Beaw. Lex Mer. pl. 256;
Kyd on  Bills, 10;   Chit. on Bills, 343-4;  Bayley on Bills, 42,
109, 110;  Selw. N. P. 339.

   2. - The holder of a bill payable at sight, is required to use
due diligence  to put  it into  circulation, or have it presented
for acceptance  within a reasonable time. 20 John. 146;  7 Cowen,
705;   12 Pick.  399 13 Mass. 137;  4 Mason, 336;  5 Mason's 118;
1 McCord, 322;  1 Hawks, 195.

  3. When the bill is payable any number of days after sight, the
time begins to run from the period of presentment and acceptance,
and not  from the  time of  mere presentment.  1 Mason,  176;  20
John. 176.

   SIGN, contracts,  evidence. A  token of  anything;   a note or
token given without words.

  2. Contracts are express or implied. The express are manifested
viva voce,  or by  writing;  the implied are shown by silence, by
acts, or by signs.

   3. Among all nations find and at all times, certain signs have
been considered  as proof of assent or dissent;  for example, the
nodding of  the head,  and the shaking of hands;  2 Bl. Com. 448;
6 Toull.  D. 33;  Heinnec., Antiq. lib. 3, t. 23, n. 19;  silence
and inaction,  facts and signs are sometimes very strong evidence
of cool  reflection, when following a question. I ask you to lend
me one  hundred dollars,  without saying a word you put your hand
in your pocket, and deliver me the money. I go into a hotel and I
ask the  landlord if  he can  accommodate me  and take care of my
trunk;  without speaking he takes it out of my hands and sends it
into his chamber. By this act he doubtless becomes responsible to
me as  a bailee. At the expiration of a lease, the tenant remains
in possession, without any objection from the landlord;  this may
be fairly interpreted as a sign of a consent that the lease shall
be renewed. 13 Serg. & Rawle, 60.

   4, The  learned author  of the  Decline and  Fall of the Roman
Empire, in  his 44th chapter, remarks, "Among savage nations, the
want of  letters is  imperfectly supplied  by the  use of visible
signs, which  awaken attention, and perpetuate the remembrance of
any public or private transaction. The jurisprudence of the first
Romans exhibited  the scenes  of a  pantomime;   the  words  were
adapted to  the gestures,  and the  slightest error or neglect in
the forms  of proceeding was sufficient to annul the substance of
the fairest claim. The communion of the marriage-life was denoted
by the  necessary elements  of fire  and water:  and the divorced
wife resigned,  the bunch  of keys,  by the delivery of which she
had  been  invested  with  the  government  of  the  family.  The
manumission of  a son,  or a  slave, was performed by turning him


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round with  a gentle blow on the cheek:  a work was prohibited by
the casting  of a  stone;   prescription was  interrupted by  the
breaking of  a branch;   the  clenched fist  was the  symbol of a
pledge or  deposits;   the right  hand was  the gift of faith and
confidence. The  indenture  of  covenants  was  a  broken  straw;
weights and,  scales were  introduced into every payment, and the
heir who  accepted a testament, was sometimes obliged to snap his
fingers, to  cast away  his garments,  and to leap and dance with
real or affected transport. If a citizen pursued any stolen goods
into a  neighbor's house, he concealed his nakedness with a linen
towel, and  hid his.  face with  a mask  or basin, lest he should
encounter the  eyes of  a virgin  or a matron. In a civil action,
the plaintiff touched the ear of his witness seized his reluctant
adversary by  the neck  and implored,  in solemn lamentation, the
aid of  his fellow-citizens.  The two  competitors  grasped  each
other's hand,  as if  they stood  prepared for  combat before the
tribunal of the praetor:  he commanded them to produce the object
of the  dispute;   they went,  they returned with measured steps,
and a  clod of  earth was cast at his feet to represent the field
for which  they contended.  This occult  science of the words and
actions  of   law,  was  the  inheritance  of  the  pontiffs  and
patricians. Like  the Chaldean  astrologers,  they  announced  to
their clients  the days  of business and repose;  these important
trifles wore  interwoven with  the religion  of Numa;  and, after
the publication of the Twelve Tables, the Roman people were still
enslaved by  the ignorance of judicial proceedings. The treachery
of some  plebeian officers  at  length  revealed  the  profitable
mystery:   in a  more enlightened  age, the  legal  actions  were
derided and  observed;   and the  same antiquity which sanctified
the practice,  obliterated the use and meaning, of this primitive
language."

   SIGN, measures. In angular measures, a sign is equal to thirty
degrees. Vide Measure.

   SIGN, mer.  law. A  board, tin or other substance, on which is
painted the name and business of a merchant or tradesman.

   2. Every man has a right to adopt such a sign as he may please
to select, but he has no right to use another's name, without his
consent. See  Dall. Dict.  mot Propriete  Industrielle,  and  the
article Trade marks.

   To SIGN.  To write  one's name  to an instrument of writing in
order to  give the  effect intended;   the  name thus  written is
called a signature.

   2. The  signature  is  usually  made  at  the  bottom  of  the
instrument but  in wills  it has  been held  that when a testator
commenced his  will With  these words;,  "I, A  B, make  this  my
will," it  was a  sufficient signing. 3 Lev. 1;  and vide Rob. on
Wills, 122  1 Will.  on Wills,  49, 50;   Chit.  Cont. 212  Newl.
Contr. 173;  Sugd. Vend. 71;  2 Stark. Ev. 605, 613;  Rob. on Fr.
121;   but this  decision is  said to be absurd. 1 Bro. Civ. Law,
278, n.  16. Vide  Merl. Repert.  mot Signature, for a history of
the origin,  of signatures;  and also 4 Cruise, Dig. h. t. 32, c.
2, s.  73, et  seq.;  see, generally, 8 Toull. n. 94-96;  1 Dall.
64;  5 Whart. R. 386;  2 B. & P 238;  2 M. & S. 286.


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   3. To  sign a  judgment, is  to enter  a judgment  for want of
something which was required to be done;  as, for example, in the
English practice,  if he  who is bound to give oyer does not give
it within the time required, in such cases, the adverse party may
sign judgment  against him.  2 T. R. 40;  Com. Dig. Pleader, P 1;
Barnes, 245.

   SIGNA, civil  law. Those species of indicia (q. v.) which come
more immediately  under the  cognizance of  the senses,  such  as
stains  of  blood  on  the  person  of  one  accused  of  murder,
indications of  terror at being charged with the offence, and the
like.

   2. Signa,  although not  to  be  rejected  as  instruments  of
evidence, cannot  always be  relied upon  as conclusive evidence,
for  they  are  frequently  explained  away;    in  the  instance
mentioned  the   blood  may  have  been  that  of  a  beast,  and
expressions of terror have been frequently manifested by innocent
persons who  did not possess much firmness. See Best on Pres. 13,
n. f.;  Denisart, h. v.

   SIGNATURE, eccl.  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 Dict. Dr. Can. h. v.

   SIGNATURE, pract. contr. By signature is understood the act of
putting down a man's name, at the end of an instrument, to attest
its validity. The name thus written is also called a signature.

   2. It  is not  necessary that  a party  should write  his name
himself, to  constitute a  signature;    his  mark  is  now  beld
sufficient though  he was  able to write. 8 Ad. & El. 94;  3 N. &
Per. 228;   3  Curt. 752;   5  John. 144,  A signature  made by a
party, another  person guiding  his band  with  his  consent,  is
sufficient. 4 Wash. C. C. 262, 269. Vide to Sign.

   SIGNIFICATION, French  law. The  notice  given  of  a  decree,
sentence or other judicial act.

  SIGNIFICAVIT, eccl. 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
significavit are  used, the  meaning  is  the  same  as  writ  de
excommunicato capiendo.  2 Burn's Eccl. L. 248;  Shelf. on Mar. &
Div. 502.

   SILENCE. The  state of  a person who does not speak, or of one
who refrains from speaking.

  2. Pure and simple silence cannot be considered as a consent to
a contract,  except in  cases when  the silent person is bound in
good faith  to explain  himself, in  which  case,  silence  gives
consent. 6  Toull. liv.  3, t. 3, n. 32, note;  14 Serg. & Rawle,
393;  2 Supp. to Ves. jr. 442;  1 Dane's Ab. c. 1, art. 4, §3;  8
T. R.  483;   6 Penn.  St. R.  336;   1 Greenl. Ev. 201;  2 Bouv.


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Inst. n.  1313. But  no assent  will be  inferred  from  a  man's
silence, unless,  1st. He  knows his  rights and knows what he is
doing and, 2d. His silence is voluntary.

   3. When  any person is accused of a crime, or charged with any
fact, and  he does  not deny  it, in  general, the presumption is
very strong  that the  charge is correct. 7 C. & P. 832 5 C. & P.
332;  Joy on Conf. s. 10, p. 77.

   4. The rule does not extend to the silence of a prisoner, when
on his  exanination before  a magistrate he is charged by another
prisoner with  having joined him in the commission of an offence:
3 Stark. C. 33.

   5. When  an oath  is administered  to a  witness,  instead  of
expressly promising  to keep  it, he  gives  his  assent  by  his
silence, and kissing the book.

 6.  The person  to be  affected by  the silence  must be one not
disqualified to  act as  non compos,  an infant, or the like, for
even the  express promise  of such a person would not bind him to
the performance of any contract.

 7.  The rule  of the  civil  law  is  that  silence  is  not  an
acknowledgment or  denial in  every case,  qui tacet,  non utique
fatetur:  sed tamen verum est, eum non negaro. Dig. 50, 17, 142.

   SILVA CAEDUA.  By these  words in  England is understood every
sort of  wood, except gross wood of the age of twenty years. Bac.
Ab. Tythes, C.

   SIMILITER, pleading.  When the  defendant's  plea  contains  a
direct contradiction  of  the  declaration,  and  concludes  with
referring the  matter to  be tried  by a jury of the country, the
plaintiff must  do so  too;   that is,  he must  also submit  the
matter to  be tried by a jury, without offering any new answer to
it, and  must stand  or fall by his declaration. Co. Litt. 126 a.
In such  case, he  merely replies  that as  the defendant has put
himself upon  the country, that is, has submitted his cause to be
tried by  a jury  of the  country, he,  the  plaintiff,  does  so
likewise, or the like. Hence this sort of replication is called a
similiter,  that   having  been   the  effective  word  when  the
proceedings were  in Latin. 1 Chit. Pl. 549;  Arch. Civ. Pl. 250.
See Steph.  Pl. 255;   2  Saund. 319, b;  Cowp. 407;  1 Str. Rep.
551;  11 S. & R. 32.

  SIMONY, eccl. law. The selling and buying of holy orders, or an
ecclesiastical benefice.  Bac. Ab.  h. t.;   1 Harr. Dig. 556. By
simony is  also understood  an unlawful  agreement to  receive  a
temporal reward  for something  holy or spiritual. Code, 1, 3, 31
Ayl. Parerg. 496.

   SIMPLE. Not  compounded, alone;  as, simple interest, which is
interest on  the principal  sum lent only and not interest on the
interest;  simple contract, &c.

   SIMPLE CONTRACT. One, the evidence of which is merely oral, or


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in writing,  not under  seal, nor  of record.  1 Chit. Contr. 1 1
Chit. Pl.  88;  and vide 11 Mass. R. 30 ll East, R. 312;  4 Barn.
& Ald. 588;  Stark. Ev. 995;  2 Bl. Com. 472.

   2. As  contracts of  this nature  are frequently  entered into
without thought  or proper  deliberation, the  law requires  that
there be  some good  cause, consideration  or motive, before they
can be  enforced in the courts. The party making the promise must
have obtained  some advantage,  or the  party to  whom it is made
must have  sustained some  injury or inconvenience in consequence
of such  promise;  this rule has been established for the purpose
of protecting  weak and thoughtless persons from the consequences
of rash,  improvident, and  inconsiderate engageinents. See Nudum
pactum. But  it must  be recollected  this rule does not apply to
promissory notes,  bills of exchange or commercial papers. 3 M. &
S. 352.

   SlMPLE LARCENY.  The felonious  taking and  carrying away  the
personal goods of another, unattended by acts of violence;  it is
distinguished from  compound larceny,  which is the stealing from
the person or with violence.

  SIMPLE OBLIGATION. An unconditional obligation, one which is to
be performed  without depending  upon any  event provided  by the
parties to it.

   SIMPLE TRUST. A simple trust corresponds with the ancient use,
and is  where property is simply vested in one person for the use
of another,  and the  nature of the trust, not being qualified by
the settler,  is left to the construction of law. It differs from
a special trust. (q. v.) 2 Bouv. Inst. n. 1896.

  SIMPLEX. Simple or single;  as, charta simplex, is a deed-poll,
of single deed. Jacob's L. Dict. h. t.

  SIMPLICITER. Simply, without ceremony;  in a summary manner.

   SIMUL CUM,  pleading. Together  with. These  words are used in
indictments and declarations of trespass against several persons,
when some of them are known and others are unknown.

   2. In  cases of riots it is usual to charge that A B, together
with others  unknown, did the act complained of. 2 Chit. Cr. Law,
488;  2 Salk. R. 593.

   3. When  a party sued with another pleads separately, the plea
is generally  entitled in the name of the person pleading, adding
"sued with___,"  naming the  other party.  When this occurred, it
was, in the old phraseology, called pleading with a simul cum.

   SIMULATION, French  law. This  word is  derived from the Latin
simul, together.  It indicates,  agreeably to  its etymology, the
concert or  agreement of two or more persons to give to one thing
the appearance  of another,  for  the  purpose  of  fraud.  Merl.
Repert. h. t.


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   2. With  us such  act might  be punished  by indictment  for a
conspiracy;  by avoiding the pretended contract;  or by action to
recover back  the money  or property  which may  have  been  thus
fraudulently obtained.

  SINE DIE. Without day. A judgment for a defendant in many cases
is quod eat sine die, that he may go without day. While the cause
is pending  and undeter-mined,  it may  be continued from term to
term by  dies datus.  (q. v.)  See Huxley's  Judgments & Rastal's
Entries, passim;   Co. Litt. 362b & 363a. When the court or other
body rise at the end of a session or term they adjourn sine die.

   SINECURE. In  the ecclesiastical  law, this  term is  used  to
signify that  an ecclesiastical  officer is  without a  charge or
cure.

   2. In  common parlance it means the receipt of a salary for an
office when there are no duties to be performed.

  SINGLE. By itself, unconnected.

   2. A  single bill  is one  without any condition, and does not
depend upon  any future event to give it validity. Single is also
applied to  an unmarried  person;   as, A  B, single  woman. Vide
Simplex.

   SINGLE ENTRY.  A term used among merchants signifying that the
entry is  made to  charge or  to credit  an individual  or thing,
without, at  the same  time, pre-senting  any other  part of  the
operation;   it is used in contradistinction to double entry. (q.
v.) For  example, a  single entry  is made,  A B  debtor, or  A B
creditor, without designating what are the connexions between the
entry and the objects which composed the fortune of the merchant.

   SINGULAR, construction.  In grammar  the singular  is used  to
express only one,

 not plural. Johnson.

   2. In  law, the  singular frequently  includes the  plural.  A
bequest to "my nearest relation," for example, will be considered
as a  bequest to  all the  relations in  the same degree, who are
nearest to  the testator.  1 Ves.  sen. 337;  1 Bro. C. C. 293. A
bequest made  to "my heir," by a person who had three heirs, will
be construed in the plural. 4 Russ. C. C. 384.

   3. The  same rule  obtains in  the civil  law:   In usu  juris
frequenter uti  nos singulari appellationie, am plura significari
vellemus. Dig. 50, l6, 158.

  SINKING FUND. A fund arising from particular taxes, imposts, or
duties, which is appropriated towards the payment of the interest
due on  a  public  loan  and  for  the  gradual  payment  of  the
principal. See Funding System.

   SIRE. A  title of honor given to kings or emperors in speaking
or writing to them.


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   SISTER. A  woman who  has the  same  father  and  mother  with
another, or has one of them only. In the first case she is called
sister, simply;   in  the  second,  half  sister.  Vide  Brother;
Children;  Descent;  Father;  Mother.

  SITUS. Situation;, location. 5 Pet. R. 524.

   2. Real estate has always a fixed situs, while personal estate
has no such fixed situs;  the law rei site regulates real but not
the personal estate. Story, Confl. of Laws, §379.

   SKELETON BILL,  com. law.  A blank paper, properly stamped, in
those countries  where stamps  are required,  with the  name of a
person signed at the bottom.

   2. In  such case  the person signing the paper will be held as
the drawer  or acceptor,  as it  may be,  of any bill which shall
afterwards be  written above  his name  to the  sum of  which the
stamp is applicable. 1 Bell's Com. 390, 5th ed.

   SKILL, contracts.  The art  of doing a thing as it ought to be
done.

   2. Every person who purports to have skill in la business, and
undertakes for  hire to  perform it,  is  bound  to  do  it  with
ordinary skill,  and is  res-ponsible civilly  in damages for the
want of  it;   11 M.  & W.  483;  and sometimes he is responsible
criminally. Vide Mala Praxis;  2 Russ. on Cr. 288,

   3. The  degree of  skill  and  diligence  required,  rises  in
proportion to  the value  of the article, and the delicacy of the
operation:  more skill is required, for example, to repair a very
delicate mathematical  instrument, than upon a common instrument.
Jones' Bailm.  91;  2 Kent, Com. 458, 463;  1 Bell's Com. 459;  2
Ld. Raym.  909, 918;   Domat,  liv. 1,  t. 4,  §8, n.  1;   Poth.
Louage, n. 425;  Pardess. n. 528;  Ayl. Pand. B. 4, t. 7, p. 466;
Ersk. Inst.  B. 3,  t. 3,  §16;  1 Rolle, Ab. 10;  Story's Bailm.
§431, et seq.;  2 Greenl. Ev. §144.

   SLANDER, torts.  The defaming  a  man  in  his  reputation  by
speaking or  writing words  which affect  his  life,  office,  or
trade, or  which tend  to his  loss of  preferment in marriage or
service, or  in his  inheritance, or  which  occasion  any  other
particular damage.  Law of  Nisi Prius, 3. In England, if slander
be spoken  of a  peer, or other great man, it is called Scandalum
Magnatum. Falsity  and malice  are ingredients  of slander.  Bac.
Abr. Slander.  Written or  printed slanders are libels;  see that
word.

   2. Here  it is proposed to treat of verbal slander only, which
may be  considered with  reference to,  1st. The  nature  of  the
accusation. 2d.  The falsity  of the  charge.  3d.  The  mode  of
publication. 4th. The occasion;  and 5th. The malice or motive of
the slander.

   3. -  §1. Actionable  words are  of two  descriptions;  first,
those actionable  in themselves, without proof of special damages
and, secondly,  those actionable  only in  respect of some actual
consequential damages.


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   4. -  1. Words of the first description must impute:  1st. The
guilt of  some offence  for which  the party, if guilty, might be
indicted and  punished by  the criminal  courts;   as to  call  a
person a  "traitor," "thief,"  "highwayman;" or to say that he is
guilty of  "perjury," "forgery,"  "murder,"  and  the  like.  And
although the  imputation of guilt be general, without stating the
particulars of  the pretended  crime, it is actionable. Cro. Jac.
114, 142;   6  T. R. 674;  3 Wils. 186;  2 Vent. 266;  2 New Rep.
335. See 3 Serg. & Rawle, 255 7 Serg. & Rawle, 451;  1 Binn. 452;
5 Binn.  218;  3 Serg. & Rawle, 261;  2 Binn. 34;  4 Yeates, 423;
10 Serg. & Rawle, 44;  Stark. on Slander, 13 to 42;  8 Mass. 248;
13 Johns. 124;  Id. 275.

   5. -  2d. That  the party  has a  disease or  distemper  which
renders him  unfit for society. Bac. Abr. Slander, B 2. An action
can therefore  be sustained  for calling a man a leper. Cro. Jac.
144 Stark. on Slander, 97. But charging another with having had a
contagious disease  is not  actionable, as  he will  not, on that
account, be  excluded from society. 2 T. R. 473, 4;  2 Str. 1189;
Bac. Abr.  tit. Slander,  B 2.  A  charge  which  renders  a  man
ridiculous, and  impairs the  enjoyment of  general society,  and
injures those imperfect rights of friendly intercourse and mutual
benevolence  which   man  has   with  respect  to  man,  is  also
actionable. Holt on Libels, 221.

   6. - 3d. Unfitness in an officer, who holds an office to which
profit or  emolument is  attached, either in respect of morals or
inability to discharge the duties of the office in such a case an
action lies. 1 Salk. 695, 698;  Rolle, Ab. 65;  2 Esp. R. 500;  5
Co. 125;   4  Co. 16 a;  1 Str. 617;  2 Ld. Raym. 1369;  Bull. N.
P. 4;  Holt on Libels, 207;  Stark. on Slander, 100.

   7. - 4th. The want of integrity or capacity, whether mental or
pecuniary, in  the conduct of a profession, trade or business, in
which the party is engaged, is actionable, 1 Mal. Entr. 244 as to
accuse an  attorney or  artist of inability, inattention, or want
of integrity;   3  Wils. 187;  2 Bl. Rep. 750;  or a clergyman of
being a  drunkard;   1 Binn.  178;   is actionable.  See Holt  on
Libels, 210;  Id. 217.

  8. - 2. Of the second class are words which are actionable only
in respect  of special  damages sustained by the party slandered.
Though the  law will  not permit  in these cases the inference of
damage, yet  when the  damage has  actually been  sustained,  the
party aggrieved  may support  an action for the publication of an
untruth;   1 Lev. 53;  1 Sid. 79, 80;  3 Wood. 210;  2 Leon. 111;
unless the  assertion be  made for  the assertion  of a  supposed
claim;  Com. Dig. tit. Action upon the case for Defamation, D 30;
Bac. Ab.  Slander, B;   but  it lies if maliciously spoken. See 1
Rolle, Ab.  36 1  Saund. 243 Bac. Abr. Slander, C;  8 T. R. 130 8
East, R. 1;  Stark. on Slander, 157.

   9. -  §2. The  charge must be false;  5 Co. 125, 6;  Hob. 253;
the falsity  of the accusation is to be implied till the contrary


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is shown. 2 East, R. 436;  1 Saund. 242. The instance of a master
making an  unfavorable representation  of his  servant,  upon  an
application for  his character, seems to be an exception, in that
case there being a presumption from the occasion of the speaking,
that the words were true. 1 T. R. 111;  3 B. & P. 587;  Stark. on
Slander, 44, 175, 223.

   10. -  §3. The slander must, of course, be published, that is,
communicated to  a third  person;   and  if  verbal,  then  in  a
language  which   he  understands,   otherwise  the   plaintiff's
reputation is  not impaired. 1 Rolle, Ab. 74;  Cro. Eliz. 857;  1
Saund. 2425  n. 3;  Bac. Abr. Slander, D 3. A letter addressed to
the party,  containing libelous  matter,  is  not  sufficient  to
maintain a  civil action, though it may subject the libeler to an
indictment, as  tending to a breach of the peace;  2 Bl. R. 1038;
1 T.  R. 110;   1 Saund. l32, n. 2;  4 Esp. N. P. R. 117;  2 Esp.
N. P.  R. 623;   2  East, R.  361;  the slander must be published
respecting the plaintiff;  a mother cannot maintain an action for
calling her  daughter a bastard. 11 Serg. & Rawle, 343. As to the
case of  a man  who repeats  the slander invented by another, see
Stark. on  Slander, 213;   2 P. A. Bro. R. 89;  3 Yeates, 508;  3
Binn. 546.

   11. -  §4. To  render words  actionable, they  must be uttered
without legal  occasion. On  some occasions  it is justifiable to
utter slander  of another, in others it is excusable, provided it
be uttered without express malice. Bac. Ab. Slander, D 4;  Rolle,
Ab. 87;  1 Vin. Ab. 540. It is justifiable for au attorney to use
scandalizing expressions  in support  of his  client's cause  and
pertinent thereto.  1 M.  & S.  280;  1 Holt's R. 531;  1 B. & A.
232;   see 2 Serg. & Rawle, 469;  1 Binn. 178;  4 Yeates, 322;  1
P. A.  Browne's R. 40;  11 Verm. R. 536;  Stark. on Slander, 182.
Members of  congress and  other legislative  assemblies cannot be
called to account for anything said in debate.

   12. -  §5. Malice is essential to the support of an action for
slanderous words.  But malice  is in general to be presumed until
the contrary  be proved;   4 B. & C. 247;  1 Saund. 242, n. 2;  1
T. R.  1 11,  544;   1 East, R. 563;  2 East, R. 436;  2 New Rep.
335;   Bull. N.  P. 8;   except in those cases where the occasion
prima facie  excuses the publication. 4 B. & C. 247. See 14 Serg.
& Rawle,  359;  Stark. on Slander, 201. See, generally, Com. Dig.
tit. Action  upon the case for Defamation;  Bac. Abr. Slander;  1
Vin. Abr.  187;  1 Phill. Ev. ch. 8;  Yelv. 28, n.;  Doctr. Plac.
53 Holt's  Law of  Libels;  Starkie on Slander, Ham. N. P. ch. 2,
s. 3.

   SLANDERER. A  calumniator, who  maliciously and without reason
imputes a crime or fault to another, of which he is innocent.

   2. For  this offence,  when the  slander is merely verbal, the
remedy is  an action on the case for damages;  when it is reduced
to writing or printing, it is a libel. (q. v.)

   SLAVE. A  man who  is by law deprived of his liberty for life,
and becomes the property of another.


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   2. A slave has no political rights, and generally has no civil
rights. He can enter into no contract unless specially authorized
by law;   what  he acquires generally, belongs to his master. The
children of  female slaves follow the condition of their mothers,
and are themselves slaves.

   3. In  Maryland, Missouri  and Virginia slaves are declared by
statute to  be personal  estate, or  treated as such. Anth. Shep.
To. 428,  494;   Misso. Laws,  558.  In  Kentucky,  the  rule  is
different, and they are considered real estate. 1 Kty. Rev. Laws,
566 1 Dana's R. 94.

   4. In  general a slave is considered a thing and not a person;
but sometimes he is considered as a person;  as when he commits a
crime;   for example,  two white persons and a slave can commit a
riot. 1 McCord, 534. See Person.

   5. A  slave may  acquire his  freedom in  various ways:  1. By
manumission, by  deed or writing, which must be made according to
the laws  of the state where the master then acts. 1 Penn. 10;  1
Rand. 15.  The deed may be absolute which gives immediate freedom
to the  slave, or  conditional giving  him immediate freedom, and
reserving a  right of  service for  a time to come;  6 Rand. 652;
or giving  him his  freedom as  soon as a certain condition shall
have been  fulfilled. 2 Root, 364;  Coxe, 4. 2. By manumission by
will. When  there is  an express  emancipation by will, the slave
will be  free, and  the testator's  real estate  shall be charged
with the  payment of  his debts,  if there be not enough personal
property without  the sale of the slaves. 9 Pet. 461. See Harper,
R. 20.  The manumission  by will  may be  implied, as,  where the
master devises  property real  or personal  to his  slave. 2 Pet;
670;   5 Har.  & J.  190. 3. By the removal of the slave with the
consent of  the master,  animo morandi,  into one  of the  United
States where slavery is forbidden by law;  2 Mart. Lo. Rep. N. J.
401;  or when he sojourns there longer than is allowed by the law
of the state. 7 S. & R. 378;  1 Wash. C. C. Rep. 499. Vide Stroud
on Slavery;   Bouv.  Inst. Index, h. t.;  and as to the rights of
one who,  being free, is held as a slave, 2 Gilman, 1;  3 Yeates,
240.

  SLAVE TRADE, criminal law. The infamous traffic in human flesh,
which though  not prohibited  by  the  law  of  nations,  is  now
forbidden by the laws and treaties of most civilized states.

   2. By  the constitution of the United States, art. 1, s. 9, it
is provided,  that the  "migration or importation of such persons
as any  of the  states now existing (in 1789,) shall think proper
to admit,  shall not  be probibited by the congress, prior to the
year one  thousand eight  hundred and  eight." Previously to that
date several  laws were  enacted, which it is not within the plan
of this  work to  cite at  large or  to analyze;   they  are here
referred to,  namely;   act of  1794, c. 11, 1 Story's laws U. S.
319;   act of  1800, c. 51, 1 Story's Laws U. S. 780 act of 1803,
c. 63,  2 Story's  Laws U.  S 886;  act of 1807, c. 77, 2 Story's
Laws U.  S. 1050;   these  several acts  forbid citizens  of  the
United States,  under certain  circumstances, to  equip or  build
vessels for  the purpose  of carrying on the slave trade, and the


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last mentioned  act makes  it highly  penal to import slaves into
the United  States after  the first day of January, 1808. The act
of 1818,  c. 86,  3 Story's  Laws U.  S. 1698 the act of 1819, c.
224, 3  Story's Laws  U. S. 1752;  and the act of 1820, c. 113, 3
Story's Laws U. S. 1798, contain further prohibition of the slave
trade , and punish tho violation of their several provisions with
the highest  penalties of  the law. Vide, generally, 10 Wheat. R.
66;   2 Mason,  R. 409;   1 Acton, 240;  1 Dodson, 81, 91, 95;  2
Dodson, 238;  6 Mass. R. 358;  2 Cranch, 336;  3 Dall. R. 297;  1
Wash. C.  C. Rep.  522;  4 Id. 91;  3 Mason, R. 175;  9 Wheat. R.
391;   6 Cranch,  330;  5 Wheat. R. 338;  8 Id. 380;  10 Id. 312;
1 Kent, Com. 191.

  SLAVERY. The state or condition of a slave.

    2.  Slavery  exists  in  most  of  the  southern  states.  In
Pennsylvania,  by  the  act  of  March,  1780,  for  the  gradual
abolition of  slavery, it  has been  almost entirely  removed  in
Massachusetts it  was  held,  soon  after  the  Revolution,  that
slavery had  been abolished  by their constitution;  4 Mass. 128;
in  Connecticut,   slavery  has   been  totally  extinguished  by
legislative provisions;  Reeve's Dom. Bel. 340;  the states north
of Delaware,  Maryland and  the river  Ohio, may be considered as
free States,  where slavery  is not  tolerated.  Vide  Stroud  on
Slavery;  2 Kent, Com. 201;  Rutherf. Inst. 238.

   SMUGGLING. The fraudulent taking into a country, or out of it,
merchandise which is lawfully prohibited. Bac. Ab. h. t.

   SO HELP  YOU GOD.  The formula at the end of a common oath, as
administered to a witness wlio testifies in chief.

   SOCAGE, Eng.  law. A  tenure  of  lands  by  certain  inferior
services in  husbandry, and  not knight's service, in lieu of all
other services. Litt. sect. 117.

  SOCER. The father of one's wife;  a father-in-law.

   SOCIDA, civ.  law. This is the name of a contract by which one
man delivers  to another, either for a small recompense, or for a
part of the profits, certain animals, on condition that if any of
them perish they shall be replaced by the bailer, or he shall pay
their value.

   2. This is a contract of hiring, with this condition, that the
bailee takes  upon him  the risk  of the loss of the thing hired.
Wolff, §638.

   SOCIETAS LEONINA.  Among the Roman lawyers this term signified
that kind  of society  or partnership by which the entire profits
should belong to some of the partners in exclusion of the rest.

   2. It  was so  called in allusion to the fable of the lion and
other animals,  who  having  entered  into  partnership  for  the
purpose of  hunting,  the  lion  appropriated  all  the  prey  to
himself. Dig.  17, 2, 29, 2;  Poth. Traite de Societe, n. 12. See
2 McCord's R. 421;  6 Pick. 372.


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   SOCIETE EN  COMMENDITE. This term is borrowed from the laws of
France, and  is used in Louisiana;  the societe en commendite, or
partnership in  commendam, is  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 of Lo. art. 2810;  Code de Comm. 26, 33;
4 Pard.  Dr. Com. n. 1027;  Dall. Dict. mots Societe Commerciale,
n. 166. Vide Commendam;  Partnership.

   SOCIETY. A  society is  a number of persons united together by
mutual consent,  in  order  to  deliberate,  determine,  and  act
jointly for some common purpose.

   2. Societies  are either incorporated and known to the law, or
unincorporated, of which the law does not generally take notice.

   3. By  civil society  is usually understood a state, (q. v.) a
nation, (q.  v.) or  a body  politic. (q. v.) Rutherf. Inst. c. 1
and 2.

   4. In  the civil law, by society is meant a partnership. Inst.
3, 26;  Dig. 17, 2 Code, 4, 37.

   SODOMITE. One  who his  been guilty  of sodomy.  Formerly such
offender was  punished with  great severity,  and was deprived of
the power of making a will.

   SODOMY, crim.  law. The crime against nature, committed either
with man or beast.

   2. It is a crime not it to be named;  peccatum illud horrible,
inter christianos  non nominandum. 4 Bl. Com. 215;  1 East, P. C.
480, 487;  Bac. Ab. h. t.;  Hawk. b. 1, c. 4;  1 Hale, 669;  Com.
Dig. Justices, S 4;  Russ. & Ry. 331.

   3. This  crime was  punished with  great severity by the civil
law. Nov. 141;  Nov. 77;  Inst. 4, 18, 4. See 1 Russ. on Cr. 568;
R. & R. C. C. 331, 412;  1 East, P. C. 437.

   SOIL. The  superficies of  the earth  on which  buildings  are
erected, or may be

 erected.

   2. The  soil is the principal, and the building, when erected,
is the accessory. Vide Dig. 6, 1, 49.

   SOIT DROIT  FAIT AL PARTIE, Eng. law. Let right be done to the
party. This  phrase is  written  on  a  petition  of  right,  and
subscribed by the king. See Petition of right.

   SOKEMANS, Eng. law. Those who hold their land in socage. 2 Bl.
Com. 100.


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   SOLARES, Spanish  law. Lots of ground. This term is frequently
found in  grants from the Spanish government of lands in America.
2 White's Coll. 474.

   SOLD NOTE,  contracts. The  name of  an instrument in writing,
given by  a broker  to a  buyer of  merchandise, in  which it  is
stated that  the goods therein mentioned have been sold to him. 1
Bell's Com.  5th ed.  435 Story on Ag. §28. Some confusion may be
found in  the books  as to  the name  of these  notes;   they are
sometimes called bought notes. (q. v.)

  SOLDIER. A military man;  a private in the army.

   2. The  constitution of  the United  States, amendm.  art.  3,
directs that  no soldier shall, in time of peace, be quartered in
any house,  without the  'consent of  the owner;   nor in time of
war, but in a manner to be prescribed by law.

   SOLE. Alone,  single;   used in  contradistinction to joint or
married. A  sole tenant, therefore, is one who holds lands in his
own right,  without being joined with any other. A feme sole is a
single woman;   a  sole corporation  is one  composed of only one
natural person.

   SOLEMNITY. The  formality  established  by  law  to  render  a
contract, agreement, or other act valid.

  2. A marriage, for example, would not be valid if made in jest,
and without  solemnity. Vide Marriage, and Dig. 4, 1, 7;  Id. 45,
1, 30.

   SOLICITATION OF  CHASTITY.  The  asking  a  person  to  commit
adultery or fornication.

   2. This of itself, is not an indictable offence. Salk. 382;  2
Chit. Pr.  478. The  contrary doctrine, bowever, has been held in
Connecticut. 7 Conn. Rep. 267.

  3. In England, the bare solicitation of chastity is punished in
the ecclesiastical  courts. 2  Chit. Pr. 478. Vide Str. 1100;  10
Mod. 384;  Sayer, 33;  1 Hawk. ch. 74;  2 Ld. Raym. 809.

   4. The civil law punished arbitrarily the person who solicited
the chastity  of another.  Dig. 47,  11, 1.  Vide To persuade;  3
Phill. R. 508.

   SOLICITOR. A  person whose  business is  to be employed in the
care and management of suits depending in courts of chancery.

   2. A  solicitor, like an attorney, (q. v.) will be required to
act with  perfect good faith towards his clients. He must conform
to the  authority given  him. It is said that to institute a suit
he must  have a  special authority,  although a general authority
will  be  sufficient  to  defend  one.  The  want  of  a  written
authority, may  subject him to the expenses incurred in a suit. 3


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Mer. R.  12;   Hov, Fr. ch. 2, p. 28 to 61. Vide 1 Phil. Ev. 102;
19 Vin.  Ab. 482;   7  Com. ]big. 357;  8 Com. Dig. 985;  2 Chit.
Pr. 2. See Attorney at law;  Counsellor at law;  Proctor.

   SOLICITOR OP THE TREASURY. The title of one of the officers of
the United  States, created by the act of May 29, 1830, 4 Sharsw.
cont. of  Story, L.  U. S.  2206, which prescribes his duties aud
his rights.

   2. -  1. His powers and duties are, 1. Those which were by law
vested and  required from the agent of the treasury of the United
States. 2.  Those which theretofore belonged to the commissioner,
or  acting   commissioner  of  the  revenue,  as  relate  to  the
superintendence of  the  collection  of  outstanding  direct  and
internal duties.  3. To  take charge  of all lands which shall be
conveyed to  the United  States, or set off to them in payment of
debts, or which are vested in them by mortgage or other security;
and to  release such  lands which had, at the passage of the act,
become vested  in the  United States,  on payment of the debt for
which  they  were  received.  4.  Generally  to  superintend  the
collection of  debts  due  to  the  United  States,  and  receive
statements from  different  officers  in  relation  to  suits  or
actions commenced  for the  recovery of  the same. 5. To instruct
the district  attorneys, marshals,  and clerks of the circuit and
district  courts  of  the  United  States,  in  all  matters  and
proceedings appertaining  to suits in which the United States are
a party  or interested,  and to  cause them  to report to him any
information he  may require in relation to the same. 6. To report
to the  proper  officer  from  whom  the  evidence  of  debt  was
received, the  fact of  its having been paid to him, and also all
credits which have by due course of law been allowed on the same.
7. To  make rules  for the  government  of  collectors,  district
attorneys and  marshals, as  may be  requisite. 8. To obtain from
the district attorneys full accounts of all suits in their hands,
and submit abstracts of the same to congress.

  3. - 2. His rights are, 1. To call upon the attorney-general of
the United  States for  advice and  direction as to the manner of
conducting the  suits, proceedings and prosecutions aforesaid. 2.
To receive  a salary  of three  thousand five hundred dollars per
annum. 3. To employ, with the approbation of the secretary of the
treasury, a  clerk, with  a salary  of one  thousand five hundred
dollars;  and a messenger, with a salary of five hundred dollars.
To receive  and send all letters, relating to the business of his
office, free of postage.

   SOLIDO, IN,  civil law. In solido, is a term used to designate
those contracts  in which  the obligors  are bound,  jointly  and
severally, or  in which  several obligees  are each  entitled  to
demand the whole of what is due.

   2. -  1. There  is an  obligation in  solido on  the  part  of
debtors, when  they are  all obliged  to the  same thing, so that
each may  be compelled  to pay  the whole,  and when  the payment
which is  made by  one of them, exonerates the others towards the
creditor.


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   3. -  2. The  obligation is  in solido,  or joint  and several
between several creditors, when the title expressly gives to each
of them  the right  of demanding  payment of the total of what is
due, and  when the  payment to  any one  of them  discharges  the
debtor. Civ. Code of La. 2083,2086;  Merl. Repert. h. t.;  Domat,
Index, h. t. See In solido.

   SOLITARY IMPRISONMENT. The punishment of separate confinement.
This has  been adopted  in Pennsylvania,  with complete  success.
Vide Penitentiary.

   SOLUTION, civil law. Payment.

   2. By  this term, is understood, every species of discharge or
liberation, which  is called  satisfaction, and  with  which  the
creditor is satisfied. Dig. 46, 3, 54;  Code 8, 43, 17;  Inst. 3,
30. This  term has  rather a  reference to  the substance  of the
obligation, than to the numeration or counting of the money. Dig.
50, 16, 176. Vide Discharge of a contract.

   SOLVENCY. The  state of  a person  who is  able to pay all his
debts;  the opposite of insolvency. (q. v.)

   SOLVENT. One  who has  sufficient to  pay his  debts, and  all
obligations. Dig. 50, 16, 114.

   SOLVERE. To  unbind;  to untie;  to release;  to pay;  solvere
dicimus eum qui fecit quod facere promisit. 1 Bouv. Inst. n. 807.

   SOLVIT AD DIEM, pleading. The name of a plea to an action on a
bond, or  other obligation  to pay  money, by which the defendant
pleads that he paid the money on the day it was due. Vide 1 Stra.
652;  Rep. Temp. Hardw. 133;  Com. Dig. Pleader, 2 W 29.

  2. This plea ought to conclude with an averment, and not to the
country. 1  Sid. 215;   12  John. R.  253;   vide 2 Phil. Ev. 92;
Coxe, R. 467.

   SOLVITPOSTDIEM, pleading. The name of a special plea in bar to
an action  of debt on a bond, by which the defendant asserts that
he paid  the money  after the day it became due. 1 Chit. Pl. 480,
555;  2 Phil. Ev. 93.

  SOMNAMBULISM, med. juris. Sleep walking.

   2. This  is sometimes  an inferior  species of  insanity,  the
patient being  unconscious  of  what  he  is  doing.  A  case  is
mentioned of a monk who was remarkable for simplicity, candor and
probity, while  awake, but  who during  his sleep  in the  night,
would steal,  rob, and  even plunder  the dead.  Another case  is
related of a pious clergyman, who during his sleep, would plunder
even his  own church.  And a  case occurred  in Maine,  where the
somnambulist attempted  to hang himself, but fortunately tied the
rope to his feet, instead of his neck. Ray. Med. Jur. §294.

   3. It  is evident,  that if  an act  should be done by a sleep
walker, while  totally unconscious  of his  act, he  would not be


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liable to  punishment, because the intention (q. v.) and will (q.
v.) would  be wanting.  Take, for example, the following singular
case:   A monk  late one evening, in the presence of the prior of
the convent,  while in  a state of somnambulism, entered the room
of the  prior, his  eyes open  but fixed, his features contracted
into a frown, and with a knife in his hand. He walked straight up
to the  bed, as if to ascertain if the prior were there, and then
gave three  stabs, which  penetrated the  bed clothes,  and a mat
which served for the purpose of a mattress;  he returned. with an
air  of   satisfaction,  and   his  features  relaxed.  On  being
questioned the  next day  by the  prior as to what he had dreamed
the preceding  night, the  monk confessed he had dreamed that his
mother had  been murdered  by the  prior, and that her spirit had
appeared to  him and cried for vengeance, that he was transported
with fury  at the  sight, and  ran directly to stab the assassin;
that shortly  after  be  awoke  covered  with  perspiration,  and
rejoiced to  find it  was only  a dream.  Georget,  Des  Maladies
Mentales, 127.

  4. A similar case occurred in England, in the last century. Two
persons, who  had been  hunting in  the day,  slept  together  at
night;   one of  them was  renewing the  chase in his dream, and,
imagining himself  present at  the death  of the  stag, cried out
aloud, "I'll kill him! I'll kill him!" The other, awakened by the
noise, got  out of  bed, and,  by the  light of the moon, saw the
sleeper give  several deadly  stabs, with a knife, on the part of
the bed  his companion  had just quitted. Harvey's Meditations on
the Night, note 35;  Guy, Med. Jur. 265.

   SON, kindred.  An immediate  male descendant. In its technical
meaning in  devises, this is a word of purchase, but the testator
may make  it a  word of descent. Sometimes it is extended to more
remote descendants.

  SON ASSAULT DEMESNE, pleading. His own first assault. A form of
a plea  to justify an assault and battery, by whicb the defendant
asserts that the plaintiff committed an assault upon him, and the
defendant merely defended himself.

   2. When  the plea is supported by evidence, it is a sufficient
justification, unless  the  retaliation  by  the  defendant  were
excessive, and  bore no  proportion to  the necessity,  or to the
provocation received. 1 East, P. C. 406;  1 Chit. Pr. 595.

   SON-IN-LAW, in  Latin  called  gener.  The  hushand  of  one's
daughter.

   SOUND MIND.  That state  of a  man's mind which is adequate to
reason and comes to a judgment upon ordinary subjects, like other
rational men.

  2. The law presumes that every person who has acquired his full
age  is  of  sound  mind,  and  consequently  competent  to  make
contracts and  perform all  his civil duties;  and he who asserts
to the  contrary must  prove the  affirmation of  his position by
explicit evidence,  and not by conjectural proof. 2 Hagg Eccl. R.
434;   3 Addams'  R. 86;  8 Watts, R. 66;  Ray, Med. Jur. §92;  3
Curt. Eccl. R. 671. Vide Unsound mind.


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   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, &c.,
the action  is said  to be  sounding in  damages. Steph. Pl. 126,
127.

   SOUNDNESS. In  usual health;  without any permanent disease. 1
Carr. &  Marsh. 291.  To create unsoundness, it is requisite that
the animal  should not  be useful for the purpose for which he is
bought, and  that inability  to be  so useful  should arise  from
disease or accident. 2 M. & Rob. 137;  9 M. & W. 670. 2 M. & Rob.
113.

   2. In  the sale  of slaves  and  animals  they  are  sometimes
warranted by  the seller to be sound, and it becomes important to
ascertain what  is soundness.  Roaring;    (q.  v.)  a  temporary
lameness, which  renders a  horse less fit for service;  4 Campb.
271;   sed vide 2 Esp. Cas. 573;  a cough, unless proved to be of
a temporary  nature;   2 Chit.  R. 245, 416;  and a nerved horse,
have been  held to be unsound. But crib-biting is not a breach of
a general warranty of soundness. Holt, Cas. 630.

   3. An  action on  the case  is the  proper remedy for a verbal
warrant of  soundness. 1  H. Bl.  R. 17;   3 Esp. 82;  9 B. & Cr.
259;   2 Dow. & Ry. 10;  1 Bing. 344;  5 Dow. & R. 164;  1 Taunt.
566;  7 East, 274;  Bac. Ab. Action on the Case, E.

   SOURCES OF  THE LAW.  By this  expression  is  understood  the
authority from which the laws derive their force.

   2. The  power of  making all  laws is in the people or - their
representatives, and  none can  have any force whatever, which is
derived from  any other  source. But  it is not required that the
legislator shall  expressly pass  upon all  laws,  and  give  the
sanction of his seal, before they can have life or existence. The
laws are  therefore such  as have  received ala express sanction,
and such  as de-rive their force and effect from implication. The
first, or express, are the constitution of the United States, and
the treaties  and acts of the legislature which have been made by
virtue of the authority vested by the constitution. To these must
be added  the constitution  of the state and the laws made by the
state legislature, or by other subordinate legislative bodies, by
virtue of  the  authority  conveyed  by  such  constitution.  The
latter, or  tacit, received  their effect  by the  general use of
them by  the people,  when they assume the name of customs by the
adoption of rules by the courts from systems of foreign laws.

   3. The express laws, are first, the constitution of the United
States;    secondly,  the  treaties  made  with  foreign  powers;
thirdly, the  acts of  congress;   fourthly, the constitutions of
the respective  states;   fifthly, the  laws made  by the several
state legislatures;   sixthly,  laws made by inferior legislative
bodies, such  as the  councils  of  municipal  corporations,  and
general rules made by the courts.


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   4. -  1. The  constitution is an act of the people themselves,
made by their representatives elected for that purpose. It is the
supreme law of the land, and is binding on all future legislative
bodies, until it shall be altered by tho authority of the people,
in the  manner, provided  for in the instrument itself, and if an
act be  passed contrary to the provisions of the constitution, it
is, ipso  facto, void.  2 Pet. 522;  12 Wheat. 270;  2 Dall. 309;
3 Dall. 386;  4 Dall. 18;  6 Cranch, 128.

   5. -  2. Treaties made under the authority of the constitution
are declared  to be  the supreme  law of  the land, and therefore
obligatory on courts. 1 Cranch, 103. See Treaty.

    6.  -  3.  The  acts  and  resolutions  of  congress  enacted
constitutionally, are  of course  binding as  laws and require no
other explanation.

   7. -  4. The  constitutions of  the respective  states, if not
opposed to  the provisions  of the  constitution  of  the  United
States, are  of binding  force in the states respectively, and no
act of  the state  legislature has  any force  which is  made  in
contravention of the state constitution.

   8. -  5. The laws of the several states, constitutionally made
by the  state legislatures,  have full  and complete authority in
the respective states.

  9. - 6. Laws are frequently made by inferior legislative bodies
which are  authorized by the legislature;  such are the municipal
councils of cities or boroughs. Their laws are generally known by
the name  of ordinances,  and, when  lawfully ordained,  they are
binding on  the  people.  The  courts,  perhaps  by  a  necessary
usurpation, have been in the practice of making general rules and
orders, which  sometime affect suitors and parties as much as the
most regular  laws enacted by congress. These apply to all future
cases. There  are also  rules made  in particular  cases as  they
arise, but these are rather decrees or judgments than laws.

   10. The  tacit laws,  which derive  their authority  from  the
consent of  the people, without any legislative enactment, may be
subdivided into  1st. The  common law,  which is derived from two
sources,  the  common  law  of  England,  and  the  practice  and
decisions of our own courts. It is very difficult, in many cases,
to  ascertain   what  is  this  common  law,  and  it  is  always
embarrassing to  the courts.  Kirl. Rep. Pref. In some states, it
has been enacted that the common law of England shall be the law,
except where  the same is inconsistent with our constitutions and
laws. See Law.

   2d. Customs  which have  been generally adopted by the people,
have the force of law.

  3d. The principles of the Roman law, being generally founded in
superior wisdom,  have insinuated  themselves into  every part of
the law. Many of the refined rules which now adorn the common law
appear there  without any  acknowledgment of their paternity, and


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it is  at this  source that  some judges  dipt to  get the wisdom
which adorns  their judgments.  The proceedings  of the courts of
equity and  many of  the admirable  distinctions  which  manifest
their wisdom  are derived  from this  source. To this fountain of
wisdom the  courts of admiralty owe most of the law which governs
in admiralty cases.

   4th. The  canon law,  which was  adopted by the ecclesiastical
courts, figures  in our laws respecting marriage, divorces, wills
and testaments,  executors  and  administrators  and  many  other
subjects.

   5th. The  jurisprudence, or  decisions of  the various courts,
have contributed  their full  share of  what makes the law. These
decisions are made by following precedents, by borrowing from the
sources already  mentioned, and,  sometimes by the less excusable
disposition of the judges to legislate on the bench.

   11. The monuments where the common law is to be found, are the
records, reports  of cases  adjudicated by  the courts,  and  the
treatises of learned men. The books of reports are the best proof
of what is the common law, but owing to the difficulty of finding
out any systematic arrangement, recourse is had to treatises upon
the various  branches of  the law.  The records,  owing to  their
being kept  in one  particular place, and therefore not generally
accessible, are seldom used.

   SOUS SEING  PRIVE. An act sous seingprive, in Louisiana and by
the French  law, is an act or contract evidenced by writing under
the private  signature of  the parties to it. The term is used in
opposition to  the authentic  act, which  is an agreement entered
into in the presence of a notary or other public officer.

  2. The form of the instrument does not give it its character so
much as  the fact that it appears or does not appear to have been
executed before the officer. 7 N. S. 548 5 N. S. 196.

   3. The effect of a sous seing prive is not the same as that of
the authentic  act. The  former cannot be given in evidence until
proved, and,  unless accompanied  by possession,  it does not, in
general, affect third persons;  6 N. S. 429, 432;  the latter, or
authentic acts,  are full  evidence against the parties and those
who claim under them. 8 N. S. 132. See Act;  Authentic act.

   SOUTH CAROLINA.  The name of one of the original states of the
United States of America. For an account of its colonial history,
see article North Carolina.

   2. The constitution of this state was adopted the third day of
June, 1790, to which two amendments have been made, one, ratified
December 17,  1808, and  the other, December 19, 1816. The powers
of the  government  are  distributed  into  three  branches,  the
legislative, the executive, and the judicial.

   3. -  1st. The  legislative authority  is vested  in a general
assembly,   which   consists   of   a   senate   and   house   of
representatives.


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   4. -  1. The  senate will  be considered with reference to the
qualifications of  the  electors;    the  qualifications  of  the
members;   the number  of members;  the duration of their office,
and the  time of  their election. 1. Every free white man, of the
age of  twenty-one years,  being a  citizen of  this  state,  and
having resided therein two years previous to the day of election,
and who hath a freehold of fifty acres of land, or a town lot, of
which he  hath been  legally seised  and possessed,  at least six
months before such election, or, not having such freehold or town
lot, hath  been a  resident in the election district, in which he
offers to give his vote, six mouths before the said election, and
hath paid  a tax  the preceeding year of three shillings sterling
towards the  support of  this government,  shall have  a right to
vote for  a member  or members,  to serve in either branch of the
legislature, for  the election  district in  which he  holds such
property, or  is so resident. 2. No person shall be eligible to a
seat in  the senate, unless he is a free white man, of the age of
thirty years  and hath  been a citizen and resident in this state
five years  previous to  his  election.  If  a  resident  in  the
election district,  he shall not be eligible unless he be legally
seised and  possessed in  his own  right, of  a settled  freehold
estate of  the value  of three  hundred pounds sterling, clear of
debt. If a non-resident in the election district, he shall not be
eligible unless  he be  legally seised  and possessed  in his own
right, of  a settled freehold estate in the said district, of the
value of  one thousand  pounds sterling,  clear of  debt. 3.  The
senate is  composed of  one member  from  each  district  as  now
established for  the election  of the  house of  representatives,
except the  district formed  by the  districts of the parishes of
St. Philip  and St.  Michael,  to  which  shall  be  allowed  two
senators as  heretofore. Amend.  of Dec.  17, 1808.  4. They  are
elected for  four years. Ibid. 5. The election takes place on the
second Monday in October. Art. 1, s. 10.

   5. - 2. The house of representatives will be considered in the
same order  which has been observed in considering the senate. 1.
The qualification  of electors  are the same as those of electors
of senators.  2. No  person shall  be eligible  to a  seat in the
house of  representatives, unless  he is a free white man, of the
age of  twenty-one years, and hath been a citizen and resident in
this state three years previous to his election. If a resident in
the election  district, he shall not be eligible to a seat in the
house  of  representatives,  unless  he  be  legally  seised  and
possessed in his own right, of a settled free-hold estate of five
hundred acres of land, and ten negroes;  or of a real es-tate, of
the value  of one  hundred and  fifty pounds  sterling, clear  of
debt. If a non-resident, he shall be legally seised and possessed
of a  settled freehold  estate therein,  of  the  value  of  five
hundred pounds  sterling, clear of debt. 3. The house consists of
one hundred  and twenty-four members. Amend. of Dee. 17, 1808. 4.
The members  are elected  for two  years. Art.  l, s.  2 . 5. The
election is  at the  same time  that the  election of senators is
held.

  6. - 2. The executive authority is vested in a governor, and in
certain cases, a lieutenant-governor.


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   7. -  1. Of  the governor.  It will  be proper to consider his
qualifications;   by whom  he is  to be  elected;    when  to  be
elected;   duration of  office;  and his powers and duties. 1. No
person shall  be eligible  to the  office of  governor, unless he
bath attained  the age  of thirty  years, and hath resided within
this state,  and been a citizen thereof, ten years, and unless he
be seised  and possessed  of a settled estate within the same, in
his own  right, of  the value of fifteen hundred pounds sterling,
clear of  debt. Art.  2, s. 2. 2. He is elected by the senate and
house   of    representatives   jointly,    in   the   house   of
representatives. Art. 2, sect. 1. 3. He is to be elected whenever
a majority  of both houses shall be present. lb. 4. He is elected
for two  years, and  until a new election shall be made. Ibid. 5.
The governor  is commander-in-chief  of the  army and navy of the
state, and  of the militia, except when they shall be called into
the actual  Service of  the United States. He may grant reprieves
and pardons,  after conviction,  except in  cases of impeachment,
and remit fines and forfeitures, unless otherwise directed by law
shall cause  the laws  to be  faithfully executed  in mercy - may
prohibit  the   exportation  of  provisions,  for  any  time  not
exceeding thirty  days-may require information from the executive
departments -  shall recommend  such  measures  as  he  may  deem
necessary, and  give the assembly information as to the condition
of the state-may on extraordinary occasions convene the assembly,
and in  case of  disagreement between the two houses with respect
to the time of adjournment, adjourn them to such time as he shall
think proper,  not beyond  the fourth  Monday  in  the  mouth  of
November then next ensuing.

  8. - 2. A lieutenant-governor is to be chosen at the same time,
in the  same manner,  continue in office for the same period, and
be possessed  of the same qualifications as the governor. Art. 2,
sect. 3.  In case  of the  impeachment of  the governor,  or  his
removal from  office, death,  resignation, or  absence  from  the
state, the  lieutenant-governor shall  succeed to his office. And
in case  of the  impeachment of  the lieutenant-governor,  or his
removal from  office, death,  resignation, or  absence  from  the
state, the  president of  the senate shall succeed to his office,
till a  nomination to those offices respectively shall be made by
the senate and house of representatives, for the remainder of the
time for  which the  officer so  impeached, removed  from office,
dying, resigning, or being absent, was elected. Art. 2, s. 5.

  9. - 3. The judicial power shall be vested in such superior and
inferior courts of law and equity, as the legislature shall, from
time to time, direct and establish. The judges of each shall hold
their commissions  during good  behaviour;   and  judges  of  the
superior courts  shall, at  stated times,  receive a compensation
for  their   services,  which  shall  neither  be  increased  nor
diminished during  their continuance  in office:   but they shall
receive no  fees or  perquisites of  office, nor,  hold any other
office of  profit or  trust, under this state, the United States,
or any  other power.  Art. 3, sect. 1. The judges are required to
meet at such times, and places, as shall be prescribed by the act
of the  legislature, and  sit for  the  purpose  of  hearing  and
determining all  motions which may be made for new trials, and in
arrest of judgment, and such points of law as may be submitted to
them. Amend. of Dec. 19, 1816.


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   SOVEREIGN. A  chief ruler  with supreme power;  one possessing
sovereignty. (q.  v.) It  is also  applied to  a  king  or  other
magistrate with limited powers.

   2. In the United States the sovereignty resides in the body of
the people. Vide Rutherf. Inst. 282.

   SOVEREIGN, Eng.  law. The name of a gold coin of Great Britain
of the value of one pound sterling.

   SOVEREIGN STATE. One which governs itself independently of any
foreign power.

   SOVEREIGNTY.  The  union  and  exercise  of  all  human  power
possessed in  a state;   it is a combination of all power;  it is
the power to do everything in a state without accountability;  to
make laws,  to execute  and to apply them:  to impose and collect
taxes, and,  levy, contributions;  to make war or peace;  to form
treaties of alliance or of commerce with foreign nations, and the
like. Story on the Const. §207.

   2. Abstractedly, sovereignty resides in the body of the nation
and belongs  to  the  people.  But  these  powers  are  generally
exercised by delegation.

   3. When  analysed, sovereignty is naturally divided into three
great powers;   namely,  the legislative,  the executive, and the
judiciary;   the first  is the  power to  make new  laws, and  to
correct and  repeal the  old;  the second is the power to execute
the laws  both at  home and abroad;  and the last is the power to
apply the  laws to particular facts;  to judge the disputes which
arise among the citizens, and to punish crimes.

   4. Strictly  speaking, in  our republican forms of government,
the absolute  sovereignty of  the nation  is in the people of the
nation;  (q. v.) and the residuary sovereignty of each state, not
granted to  any of its public func-tionaries, is in the people of
the state.  (q. v.)  2 Dall.  471;   and vide, generally, 2 Dall.
433, 455;   3  Dall. 93;   1  Story, Const. §208;  1 Toull. n. 20
Merl. Reper. h. t.

     SPADONES,  civil   law.  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;  and vide Impotence.

   SPARSIM. This  Latin adverb  signifies scatteredly,  here  and
there, in  a scattered  manner,  sparsedly,  dispersedly.  It  is
sometimes used  in law;   for  example, the plaintiff may recover
the place  wasted, not  only where the injury has been total, but
where trees, growing sparsim in a close, are cut. Bac. Ab. Waste,
M;  Brownl. 240;  Co. Litt. 54, a;  4 Bouv. Inst. n. 3690.

   TO SPEAK. This term is used in the English law, to signify the
permission given  by a  court to  the prosecutor and defendant in
some cases  of misdemeanor,  to agree  together, after  which the
prosecutor comes into court and declares himself to be satisfied;
when the court pass a nominal sentence. 1 Chit. Pr. 17.


         Bouvier's Law Dictionary : S1 : Page 75 of 126


   SPEAKER. The presiding officer of the house of representatives
of the  United States  is so  called. The  presiding  officer  of
either branch  of the  state legislatures  generally  bears  this
name.

   SPEAKING DEMURRER,  equity pleading.  One  which  contains  an
argument in  the body  of it;   as, for instance, when a demurrer
says, "in  or about  the year  1770," which  is upwards of twenty
years before  the bill  filed. 2 Ves. jr. 83;  S. C. 4 Bro. C. C.
254.

   SPECIAL. That  which relates  to a particular species or kind,
opposed to  general;   as special  verdict and  general  verdict;
special imparlance  and general imparlance;  special jury, or one
selected for  a particular case, and general jury;  special issue
and general issue, &c.

   SPECIAL AGENT.  A special  agent is  one  whose  authority  is
confined to  a particular,  or an  individual instance.  It is  a
general rule,  that he  who is invested with a special authority,
must act  within the  bounds of his authority, and he cannot bind
his principal  beyond what  he is authorized to do. 2 Bouv. Inst.
n. 1299;   2 John. 48;  1 Wash. C. C. lT4;  5 John. 48;  15 John.
44;  8 Wend. 494.

   SPECIAL ASSUMPSIT,  practice. Where an action of assumpsit (q.
v.) has  been brought  on a  special contract,  and the plaintiff
declares upon  it, setting  out its  particular language,  or its
legal effect. It is distinguished from a general assumpsit, where
the plaintiff, instead of setting out the particular language, or
effect of  the original contract, declares as for a debt, arising
out of  the execution of the contract, where that constitutes the
debt. 3 Bouv. Inst. n. 3426.

   SPECIAL BAIL.  A person  who becomes specially bound to answer
for the  appearance of another;  the recoguizance or act by which
such person thus becomes bound, is also called special bail. Vide
Bail.

  SPECIAL CONSTABLE. One who has been appointed a constable for a
particular occasion,  as in  the case  of an  actual tumult  or a
riot, or for the purpose of serving a particular process.

   SPECIAL DAMAGES.  Such as actually have been suffered, and are
not implied  by law. Vide Damages, Special;  and 1 Chit. Pl. 385;
Com. Dig. Action on the case for Defamation, D 30, G 11.

     SPECIAL  DEMURRER,   pleading.  One  which  excepts  to  the
sufficiency of  the pleadings  on the  opposite side,  and  shows
specifically the  nature of  the objection,  and  the  particular
ground of the exception. 3 Bouv. Inst. n. 3022. See Demurrer.

   SPECIAL DEPOSIT. A deposit made of a particular thing with the
depositary:  it is distinguished from an irregular deposit.


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  2. When a thing has been specially deposited with a depositary,
the title  to it  remains with the depositor, and if it should be
lost, the  loss will  fall upon  him. When,  on the contrary, the
deposit is  irregular, as where money is deposited in a bank, the
title to  which is  transferred to  the bank, if it be, lost, the
loss will  be borne  by the  bank. This will result from the same
principle;   the loss  will fall, in both instances, on the owner
of the thing, according to the rule res perit domino. See 1 Bouv.
Inst. n. 1 054.

   SPECIAL ERRORS.  Special pleas in error are those which assign
for error  matters in  confession and  avoidance, as a release of
errors, the  act of  limitations, and  the  like,  to  which  the
plaintiff in error may reply or demur.

   SPECIAL IMPARLANCE,  pleading. One  which contains the clause,
"saving to  himself all advantages and exceptions, as well to the
writ, as to the declaration aforesaid." 2 Chit. Pl. 407, 8.

   2. This  imparlance admits  the jurisdiction of the court, but
the defendant  may plead in abatement or to the action;  that is,
to the  writ or the count. Gould. on Pl. c. 2, §18;  Lawes on Pl.
84. See imparlance.

   SPECIAL INJUNCTION.  One obtained only on motion and petition,
with notice  to the other party, and is applied for, sometimes on
affidavit  before   answer,  but   more  frequently  upon  merits
disclosed in  the defendant's  answer. 4 Bouv. lust. n. 3756. See
Injunction.

  SPECIAL ISSUE, pleading. A plea to the action which denies some
particular material  allegation, which  is in  effect a denial of
the entire  right of  action. It  differs from  the general issue
whicli traverses  or denies  the whole declaration or indictment.
Gould. on Pl. c. 2, §38. See General Issue;  Issue.

   SPECIAL JURY. One selected in a particular way by the parties.
A pannel  is made  out, and each party is entitled to strike from
it the  names of  a certain  number of jurors, as provided for by
the local  statutes, and  from those who remain, the jury in that
case must be selected. This is also called a struck jury.

   SPECIAL NON  EST FACTUM.  The name  of a  plea  by  which  the
defendant says that the deed which he has executed is not his own
or binding  upon him,  because of  some circumstance  which shows
that it  was not  intended to  be his deed, or because it was not
binding upon  him for some lawful reason;  as, when the defendant
delivered the deed to a third person as an escrow to be delivered
upon  a   condition,  and  it  has  been  delivered  without  the
performance of  the condition, he may plead non est factum, state
the fact, of the conditional delivery, the non-performance of the
condition, and  add, "and  so it  is not  his deed;"  or  if  the
defendant be  a feme  covert, she  may plead non est factum, that
she was  a feme  covert at the time the deed was made, "and so it
is not her deed." Bac. Ab. Pleas, &c. H 3, 1 2;  Gould. on Pl. c.
6, part 1, §64. See Issint.


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   SPECIAL OCCUPANT,  estates. When an estate is granted to a man
and his heirs during the life, of cestui que vie, and the grantee
die without  alienation, and  while the  life for  which he  held
continues, the  heir  will  succeed,  and  is  called  a  special
occupant. 2  Bl. Com.  259. In  the  United  States  the  statute
provisions of  the different  states vary  considerably upon this
subject. In  New  York  and  New  Jersey,  special  occupancy  is
abolished. Virginia,  and probably  Maryland, follow  the English
statutes;   in Massachusetts and other states, where the real and
personal estates  of intestates  are distributed  in the same way
and manner,  the question  does not  seem to be material. 4 Kent,
Com. 27.

  SPECIAL PARTNERSHIP. Special or limited partnerships are of two
kinds;  1. Those at common law. 2. Limited partnerships, or those
in commendam.

   2. Special  partnerships at common law, are those formed for a
particular or  special branch of business, as contradistinguished
from the general business of the parties, or of one of them.

   3. A  limited or  special partnership,  under special  acts of
assembly, may  be found  in several  states. In such partnerships
some of the partners are liable as general partners, while others
are responsible  only to  the extent  of the  capital  they  have
furnished. See  2 Bouv.  Inst. n.  1472, 1473,  and In Commendam;
Partnership.

   SPECIAL PLEA IN BAR. One which advances new matter. It differs
from the  general in  this, that  the latter denies some material
allegation, but  never advances  new matter.  Gould on  Pl. c. 2,
§38.

   SPECIAL PLEADER, Engl. practice. A special pleader is a lawyer
whose professional  occupation  is  to  give  verbal  or  written
opinions upon  statements submitted  to him, either in writing or
verbally, and  to draw  pleadings, civil  or criminal,  and  such
practical proceedings  as may  be out  of the  general course.  2
Chit. Pr. 42.

   SPECIAL PLEADING. The allegartion of special or new matter, as
distinguished from  a direct  denial of matter previously alleged
on the  opposite side.  Gould on Pl. c. 1, s. 18;  Co. Litt. 282;
3 Wheat. R. 246 Com. Dig. Pleader, E 15.

   SPECIAL  PROPERTY.  This  term  is  used  as  synonymous  with
qualified or  limited property.  It is that property which is not
perfect in the hands of the possessor, but his right is qualified
or limited;   as,  where a person is possessed of an animal ferae
naturae, he  has a  property in  such animal,  but this  is not a
general right,  for if  the animal should escape, and be taken by
another person,  the latter only would have a special property in
it.


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   2. Again, a person may have a special property in a chattel in
consequence of  the peculiar  circumstances  of  the  owner;    a
bailee, for  example, has a special property in the thing bailed.
1 Bouv. Inst. n. 475 to 477.

   SPECIAL REQUEST.  One actually  made, at a particular time and
place;   this term  is used  in contradistinction  to  a  general
request, which  need not  state. the  time when,  nor place where
made. 3 Bouv. Inst. n. 2843.

   SPECIAL RULE.  A rule  or order  of court made in a particular
case, for  a particular  purpose;   it is  distinguished  from  a
general rule,  which applies to a class of cases. It differs also
from a common rule, or rule of course.

  SPECIAL TRAVERSE, pleading. A technical special traverse begins
in most  cases, with  the words absque hoc, (without this,) which
words in  pleading form  a technical form of negation. Lawes' Pl.
116 to 120.

   2. A traverse commencing with these words is special, because,
when it  thus commences,  the inducement  and  the  negation  are
regularly both special;  the former consisting of new matter, and
the latter  pursuing, in  general, the  words of  the  allegation
traversed, or  at least  those of  them which  are material.  For
example, if  the defendant  pleads title  to land  in himself, by
alleging that Peter devised the land to him, and then died seised
in fee;   and the plaintiff replies that Peter died seised in fee
intestate, and alleges title in himself, as heir of Peter without
this, that Peter devised the land to the defendant;  the traverse
is special.  Here the allegation of Peter's intestacy, &c., forms
the special  inducement;   and the  absque hoc, with what follows
it, is  a special denial of the alleged devise, i. e. a denial of
it in the words of the allegation. Lawes on Pl. 119, 120;  Gould,
Pl. ch.  7, §6,  7;   Steph. Pl.  188. Vide  Traverse;    General
Traverse.

   SPECIAL TRUST.  A special  trust, is  one where  a trustee  is
interposed for the execution of some purpose particularly pointed
out, and is not, as in the case of a simple trust, a mere passive
depositary of  the estate,  but  is  required  to  exert  himself
actively in  the execution of the settler's intention;  as, where
a conveyance  is made  to trustees  upon trust to reconvey, or to
sell for the payment of debts. 2 Bouv. Inst. n. 1896. See Trust.

   SPECIAL VERDICT,  practice. A  special verdict is one by which
the facts  of the  case are  put on  the record,  and the  law is
submitted to the judges. Vide Verdict;  Bac. Ab. Verdict, D.

     SPECIALTY,  contracts.   A  writing  sealed  aud  delivered,
containing some  agreement. 2  Serg. &  Rawle, 503;  1 Binn. Rep.
261;  Willes, 189;  1 P. Wms. 130. In a more confined meaning, it
signifies 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. Ab. Obligation, A.

  2. Although in the body of the writing it is not said, that the
parties have  set their hands and seals, yet if the instrument be


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really sealed  it is  a specialty, and if it be not sealed, it is
not a  specialty, although the parties in the body of the writing
make mention of a seal. 2 Serg. & Rawle, 504;  2 Rep. 5 a;  Perk.
§129. Vide Bond;  Debt;  Obligation.

  SPECIE. Metallic money issued by public authority.

  2. This term is used in contradistinction to paper money, which
in some  countries is  emitted by  the government,  and is a mere
engagement which  repre-sents specie.  Bank paper  in the  United
States  is   also  called   paper  money.   Specie  is  the  only
constitutional money in this country. See 4 Monr. 483.

  SPECIFIC LEGACY. A bequest of a particular thing.

   2. It  follows that  a specific  legacy may  be of  animals or
inanimate things,  provided they are specified and separated from
all other things;  a specific legacy may therefore be of money in
a bag,  or of  money marked  and so  described;   as, I  give two
eagles to  A B,  on which are engraved the initials of my name. A
specific legacy  may also  be given out of a general fund. Touch.
433 Amb.  310;   4 Ves.  565;   3 Ves.  & Bea. 5. If the specific
article given be, not found among the assets of the testator, the
legatee loses  his legacy;   but on the other hand, if there be a
deficiency of  assets, the  specific legacy will not be liable to
abate with  the general  legacies. 1 Vern. 31;  1 P. Wms. 422;  3
P. Wms.  365;   3 Bro.  C. C.  160;  vide 1 Roper on Leg. 150;  1
Supp. to  Ves. jr.  209 .  Id. 231;   2  Id. 112;   and  articles
Legacy;  Legatee.

   SPECIFIC PERFORMANCE, remedies. The actual accomplishment of a
contract by the party bound to fulfil it.

  2. Many contracts are entered into by parties to fulfil certain
things, and  then the  contracting parties  neglect or  refuse to
fulfil their  engagements. In  such cases  the party  grieved has
generally a  remedy at  law, and  he may  recover damages for the
breach of  the contract;   but,  in many  cases, the  recovery of
damages is  an incompetent remedy, and the party seeks to recover
a specific performance of the agreement.

   3. It  is a general rule, that courts of equity will entertain
jurisdiction for  a specific  performance of agreements, whenever
courts of  law can  give but  an inadequate  remedy;   and it  is
immaterial whether the subject relate to real or personal estate.
1 Madd. Ch. Pr. 295;  2 Story on Eq. §717;  1 Sim, & Stu. 607;  1
P. Wms. 570;  1 Sch. & Lef. 553;  1 Vern. 159.

  4. But the rule is confined to cases where courts of law cannot
give an  adequate remedy.  2 Story on Eq. §718;  Eden on Inj. ch.
3, p. 27. Vide, generally, 2 Story on Eq. ch. 18, §712 to 792;  1
Supp. to  Ves. jr.  96, 148,  184, 211, 495;  2 Supp. to Ves. jr.
65, 164;  Fonb. Eq. b. 1, c. 1, s. 5;  Sugd. Vend. 145.

   SPECIFICATION, civil  law. A  term used  in the  civil law, by
which is  meant a  person's making  a new species or subject from
materials belonging  to another. Bouv. Inst. Theolo. ps. 1, c. 1,
art. 1, §4, Is. 4, p. 74.


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   2. When  the new species can be again reduced to the matter of
which it  was made,  the law  considers the  former mass as still
existing, and,  therefore, the new species as an accessory to the
former subject;   but  where the thing made cannot be so reduced,
as in the case of wine, which cannot be again turned into grapes,
there is  no place  for  the  fictio  juris;    and,  there,  the
workmanship draws after it the property of the material. Inst. 2,
1, 25 Dig. 41, 1, 7, 7. See Accession;  Confusion;  Mixtion;  and
Aso & Man. Inst. B. 2, t. 2, c. 8.

   SPECIFICATION, practice,  contracts. A particular and detailed
account of  a thing:  example, in order to obtain a patent for an
invention,  it  is  necessary  to  file  a  specification  or  an
instrument of  writing, which  must lay  open and disclose to the
public every  part of  the process  by which the invention can be
made useful if the specification does not contain the whole truth
relative to  the discovery, or contains more than is requisite to
produce the  desired effect,  and the concealment or addition was
made for the purpose of deception, the patent would be void;  for
if the  specification were insufficient on account of its want of
clearness, exactitude  or good  faith, it  would be  a  fraud  on
society that the patentee should obtain a monopoly without giving
up his  invention. 2 Kent, Com. 300;  1 Bell's Com. part 2, c. 3,
s. 1, p. 112;  Perpigna on Pat. 67;  Renouard, Des Brevets d'Inv.
252.

   2. In  charges against  persons accused  of military offences,
they must  be particularly described and clearly expressed;  this
is called the specification. Tytl. on Courts Mart. 109.

  SPECIMEN. A sample;  a part of something by which the other may
be known.

  2. The act of congress of July 4, 1836, section 6, requires the
inventor or  discoverer of an invention or discovery to accompany
his petition  and specification  for a  patent with  specimens of
ingredients, an  of the  composition  of  matter,  sufficient  in
quantity for  the purpose  of experiment,  where the invention or
discovery is of the composition of matter.

   SPECULATION, contracts.  The hope or desire of making a profit
by the  purchase and resale of a thing. Pard. Dr. Com. n. 12. The
profit so made;  as, be made a good speculation.

  SPEECH. A formal discourse in public.

   2. The  liberty of  speech is  guarantied to  members  of  the
legislature, to counsel in court in debate.

   3. The reduction of a speech to writing and its publication is
a libel,  if the  matter contained  in it  is libelous;   and the
repetition of  it upon  occasions not  warranted by law, when the
matter is  slanderous, wili  be slander and. tho character of the
speaker will  be no  protection to  him from an action. 1 M. & S.
273;  1 Esp. C. 226 Bouv. Inst. Index, h. t. See Debate;  Liberty
of speech.


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  SPELLING, The art of putting the proper letters in words.

   2. It  is a  rule that  when it appears with certainty what is
meant, bad  spelling will  not avoid  a contract;   for  example,
where a man agreed to pay thirty pounds, he was held bound to pay
thirty pounds;  and seutene was holden to be seventeen. Cro. Jac.
607;  10 Coke, 133, a;  2 Roll. Ab. 147.

   3.  Even  in  an  indictment  undertood  has  been  holden  as
understood. 1 Chit. Cr. Law.

   4. A  misspelling of  a name  in a  declaration, will  not  be
sufficient to  defeat the  plaintiff, on  the ground  of variance
between the  writing produced,  and the declaration, if such name
be idem  sonans;   as Kay  for Key.  16 East,  110;  2 Stark. 29;
Segrave for Seagrave. 2 Str. 889. See Idem Sonans.

   SPENDTHRIFT. By  the Rev. Stat. of Vermont, tit. 16, c. 65, s.
9, spendthrift  is defined  to  be  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 support of himself or family.

  SPERATE. That of which there is hope.

   2. In  the accounts  of an  executor and  the inventory of the
personal assets, he should distinguish between those assets which
are sperate,  and those  which are  desperate;   he will be prima
facie responsible  for the former, and discharged for the latter.
1 Chit.  Pr. 520;   2  Williams Ex.  644;   Toll.  Ex.  248.  See
Desperate.

  SPES RECUPERANDI. The hope of recovery. This term is applied to
cases of  capture of  an enemy's property as a booty or prize. As
between the  belligerent parties, the title to the property taken
as a  prize passes  the moment  there is  no longer  any hope  of
recovery.  2   Burr.  Rep.   683.  Vide  Infra  praesidea;    Jus
Postliminy;  Bopty;  Piize.

   SPINSTER. An addition given, in legal writings, to a woman who
never was married. Lovel. on Wills, 269.

   SPLITTING A CAUSE OF ACTION. The bringing an action for only a
part of  the cause of action. This is not permitted either at law
nor in equity. 4 Bouv. Inst. n. 4167.

   SPOLIATION, Eng. eccl. law. The name of a suit sued out in the
spiritual court  to recover  for the fruits of the church, or for
the church itself. F. N. B. 85.

   2. It  is also a waste of church property by an ecclesiastical
person. 3 Bl. Com. 90.

   SPOLIATION, torts.  Destruction of  a thing  by the  act of  a


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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. 2. By
spoliation is  also understood  the total destruction of a thing;
as, the spoliation of papers, by the captured party, is generally
regarded as  proof of.  guilt, but  in  America  it  is  open  to
explanation, except  in certain  cases where  there is a vehement
presumption of  bad faith.  2 Wheat. 227, 241;  1 Dods. Adm. 480,
486. See Alteration.

   SPONSALIA, or  STIPULATIO SPONSALITIA. A promise lawfully made
between persons  capable of  marrying each  other, that  at  some
future time they will marry. See Espousals;  Ersk. Inst. B. 1, t.
6, n. 3.

  SPONSIONS, international law. Agreements or engagements made by
certain public officers, as generals or admirals, in time of war,
either  without   author-ity,  or  by  exceeding  the  limits  of
authority under which they purport to be made.

   2. Before  these conventions can have any binding authority on
the  state,   they  must   be  confirmed   by  express  or  tacit
ratification. The  former is  given in  positive terms and in the
usual forms;   the  latter is  justly implied  from the  fact  of
acting under  the agreement as if bound by it, and from any other
circumstance from  which an assent may be fairly presumed. Wheat.
Intern. Law,  pt. 3,  c. 2, §3;  Grotius, de Jur. Bel. ac Pac. 1.
2, c.  15, §16;  Id. 1. 3, c. 22, 1-3:  Vattel, Law of Nat, B. 2,
c. 14, 209 -212;  Wolff, 1156.

   SPONSOR, civil  law. He who intervenes for another voluntarily
and without  being requested. The engagement which he enters into
is only accessory to the principal. Vide Dig. 17, 1, 18;  Nov. 4,
ch. 1  Code de  Com. art.  158, 159;  Code Nap. 1236 Wolff, Inst.
§1556.

  SPRING. A fountain.

   2. The  owner of  the soil  has the  exclusive right  to use a
spring arising  on his  grounds. When another has an easement, or
right to  draw water  from such  a spring,  acquired by  grant or
prescription, if  the spring fails the easement ceases, but if it
returns, the right revives.

  3. The waters which flow from the spring give rise to a variety
of diffi-culties,  the principal  of which are, 1st. The owner of
the inheritance  in which  the spring  arises turns their course.
The owner  of the inferior estate, whose, meadow they fertilized,
and who  is deprived of them, claiming the right to them. 2d. The
owner of  the spring  does not  prevent the water from flowing on
the inferior  estate, but gives them a new direction injurious to
it. 3d.  The owner  of the  superior inheritance  disposes of the
water in  such a  way as to deprive the owner of the estate below
him. The  rights of  these different  owners will  be  separately
considered.


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   4. -  l. The owner of land on which there is a natural spring,
has a  right to use it for domestic and culinary purposes and for
watering his  cattle, and he may make an aqueduct to another part
of his  land, and use all the water required to keep the aqueduct
in order,  or to  keep the  water pure. 15 Conn. 366. He may also
use it  for irrigation,  provided the  volume be  not  materially
decreased. Ang.  W. C.  34. Vide Irrigation;  and 1 Root, 535;  2
Watts. 327;  2 Hill, S. C. 634;  Coxe, 460;  2 Dev. & Bat. 50;  9
Conn. 291;   3 Pick. 269;  13 Mass. 420;  8 Mass. 136;  8 Greenl.
253.

   5. -  2. The  owner of  the spring  cannot lawfully  turn  the
current or  give it  a new direction. He is bound to let it enter
the inferior  estate on the same level it has been accustomed to,
and at  the same place;  for every man is entitled to a stream of
water flowing through his land, without diminution or alteration.
6 East,  206;   2 Conn.  584. Vide  3 Rawle, 84 12 Wend. 330;  10
Conn. 213;  14 Verm. 239.

   6. -  3. The owner of the superior inheritance, or of the land
on which  there is a spring, has no right to deprive the owner of
the estate  below him;   1  Yeates, 574;   5 Pick. 175;  3 Har. &
John. 231;   12  Verm. 178;  13 Conn. 303;  3 Scam. 492;  nor can
be detain  the water  unreasonably. 17  John. 306;   2 B. C. 910.
Vide Ham.  N. P.  199;   1 Dall.  211;   3 Rawle's  R. 256;   Jus
Aquaeductus;   Pool;   Stagnum;   Back Water;   lrrigation, Mill;
Rain Water;  Water Course.

  SPRINGING USE, estates. One to arise on a future event, when no
preceding  estate  is  limited,  and  does  not  take  effect  in
derogation of  any preceding  interest. Example:  a grant is made
to A  in fee,  to the  use of B in fee, after the fourth of July;
no use  arises till  the limited period. The use in the mean time
results to  the grantor,  who has a determinable fee. A springing
use differs  from a resulting use, (q. v.) or a shifting use. (q.
v.) 4  Kent, Com.  292;   Com. Dig.  Uses, K 7 Wils. on Springing
Uses;  Corn. on Uses, 91;  2 Bouv. Inst. n. 1889.

   SPY. One who goes into a place for the purpose of ascertaining
the best way of doing an injury there.

   2. The  term is  mostly applied to an enemy who comes into the
camp for  the purpose  of ascertaining  its situation in order to
make an  attack upon it. The punishment for, this crime is death.
See Articles of War, 1 Story's Laws U. S. 992;  Vattel, Droit des
Gens. liv. 3, §179.

   SQUATTER. One  who settles  on the lands of others without any
legal author-ity;   this  term is applied particularly to persons
who settle on the public land. 3 Mart. N. S. 293.

   TO STAB.  To make  a wound  with a pointed instrument;  a stab
differs from  a cut, (q. v.) or a wound. (q. v.) Russ. & Ry. 356;
Russ. on Cr. 597;  Bac. Ab. Maihem, B.

   STAGNUM, estates.  A pool.  It is  said to consist of land and
water, and  therefore by  the name  of stagnum, the water and the
land may be passed. Co. Litt. 5.


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   STAKEHOLDER, contracts.  A third person, chosen by two or more
persons, to  keep in deposit property, the right or possession of
which is  contested between  them and  to be delivered to the one
who shall  establish his  right to  it.  Thus  each  of  them  is
considered as  depositing the  whole thing.  This  distin-guishes
this contract  from that  which takes  place  when  two  or  more
tenants in common deposit a thing with a bailee. Domat, Lois Civ.
liv. 1, t. 7, s. 4;  1 Vern. R. 44, n. 1.

  2. A person having in his hands money or other property claimed
by several  others, is  considered in  equity as a stakeholder. 1
Vern. R. 144.

   3. The duties of a stakeholder are to deliver the thing holden
by him  to the  person entitled to it on demand. It is frequently
questionable who is entitled to it. In case of an unlawful wager,
although be  may be  justified for  delivering the  thing to  the
winner, by the express or implied consent of the loser;  8, John.
147;   yet if  before the event has happened he has been required
by either  party to  give up the thing deposited with him by such
party, he  is bound  so to  deliver it;   3 Taunt. 377;  4 Taunt.
492;   or if, after the event has happened, the losing party give
notice to  the stakeholder  not to pay the winner, a payment made
to him  afterwards will  be made  in his own wrong, and the party
who deposited  the  money  or  thing  may  recover  it  from  the
stakeholder. 16  S. &  R. 147;   7  T. R.  536;   8 T. R. 575;  4
Taunt. 474;   2 Marsh. 542. See 3 Penns. R. 468;  4 John. 426;  5
Wend. 250;  2 P. A. Browne, 182;  1 Bailey, 486, 503. See Wagers.

   STALE DEMAND.  A stale  demand is a claim which has been for a
long time  undemanded;   as, for  example, where there his been a
delay of twelve years, unexplained. 3 Mason, 161.

   STAMP, revenue.  An impression  made on paper, by order of the
government, which  must be  used in reducing certain contracts to
writing, for The purpose of raising a revenue. Vide Stark. Ev. h.
t.;  1 Phil. Ev. 444.

   2. Maryland  is the  only state  in the United States that has
enacted a stamp.

   TO STAND.  To abide  by a thing;  to submit to a decision;  to
comply with an agreement;  to have validity, as the judgment must
stand.

   STAND SEISED  TO USES.  This  phrase  is  frequently  used  in
relation to  conveyances under the statute of uses. A covenant to
stand seised to uses is a species of conveyance which derives its
effect from the statute of uses, by which a man, seised of lands,
covenants, in  consideration of  blood or  marriage, that he will
stand seised  of the  same, to  the use  of his  child, wife,  or
kinsman, for life, in tail or in fee. 2 Bouv. Inst. n. 2080.

   STANDARD, in war. An ensign or flag used in war.

   STANDARD, measure.  A weight or measure of certain dimensions,


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to which  all other  weights and measures must correspond;  as, a
standard bushel. Also the quality of certain metals, to which all
others of  the same  kind ought  to be  made  to  conform;    as,
standard gold, standard silver. Vide Dollar;  Eagle;  Money.

   STAPLE, intern.  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.

   2. This  practice is  not in use in the United States. 1 Chit.
Com. Law,  103;   4 Inst.  238;  Malone, Lex Mere. 237;  Bac. Ab.
Execution, B 1. Vide Statute Staple.

   STAR CHAMBER,  Eng. law.  A court  which  formerly  had  great
jurisdiction and  power, but which was abolished by stat. 16,  C.
I., c.  10, on account of its usurpations and great unpopularity.
It consisted  of several  of the  lords spir-itual  and temporal,
being privy  counsellors, together  with two judges of the courts
of common  law, without  the intervention  of a jury. Their legal
jurisdiction extended  over  riots,  perjuries,  mishehaviour  of
public  officers,   and  other  great  misdemeanors.  The  judges
afterwards assumed  powers, and stretched those they possessed to
the utmost bounds of legality. 4 Bl. Com. 264.

  STARE DECISIS. To abide or adhere to decided cases.

   2. It is a general maxim that when a point has been settled by
decision,  it forms a  precedent which is  not  afterwards to  be
departed from.  The doctrine of stare decisis is not always to be
relied upon,  for the  courts find it necessary to overrule cases
which have been hastily decided,  or contrary to principle.  Many
hundreds of such overruled cases may be found in the American and
English books of reports.  Mr. Greenleaf has made a collection of
such cases,  to which the reader  is referred.  Vide 1 Kent, Com.
477;  Livingst. Syst. of Pen. Law, 104, 5.

   STARE IN  JUDICIO. The  act of  appearing before  a  tribunal,
either as plaintiff or defendant.  Vide Ester en jugement.

   STATE, government. This word is used in various senses. In its
most enlarged  sense, it  signifies  a  self-sufficient  body  of
persons united together in one community for the defence of their
rights, and to do right and justice to foreigners. In this sense,
the state  means the  whole people  united into one body politic;
(q. v.)  and  the  state,  and  the  people  of  the  state,  are
equivalent expressions.  1 Pet. Cond. Rep. 37 to 39;  3 Dall. 93;
2 Dall.  425;   2 Wilson's  Lect. 120;  Dane's Appx. §50, p. 63 1
Story, Const.  §361. In  a more  limited sense,  the word 'state'
expresses merely  the positive  or  actual  organization  of  the
legislative, or  judicial powers;   thus the actual government of
the state  is designated  by the  name of  the state;   hence the
expression, the  state has passed such a law,  or prohibited such
an act.  State also  means the section of territory occupied by a
state, as the state of Pennsylvania.

   2. By the word state is also meant,  more particularly, one of


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the commonwealths  which form the United  States of America.  The
constitution of  the United States makes the following provisions
in relation to the states.

   3. Art.  1, s. 9, §5. No tax or duty shall be laid on articles
exported from  any state.  No preference  shall be  given by  any
regulation of commerce or revenue  to the ports of one state over
those of another, nor shall vessels bound to or from one state be
obliged to enter, clear, or pay duties in another.

   4. -  §6. No  money shall  be drawn  from the  treasury but in
consequence of  appropriations  made  by  law;    and  a  regular
statement and  account of  the receipts  and expenditures  of all
public money shall be published from time to time.

   5. -  §7. No  title of nobility shall be granted by the United
States, and no person holding any office of profit or trust under
them shall,  without the  consent  of  congress,  accept  of  any
present, emolument,  office, or title of any kind whatever, from,
any king, prince, or foreign state.

   6. -  Art. 1, s. 10, §1. No state shall enter into any treaty,
alliance,  or   confederation;    grant  letters  of  marque  and
reprisal;   coin money;  emit bills of credit;  make anything but
gold and  silver coin  a tender  in payments  of debts;  pass any
bill of attainder, ex post facto, or law impairing the obligation
of contracts;  or grant any title of nobility.

   7. -  §2. No state shall, without the consent of congress, lay
any imposts  or duties on imports or exports,  except what may be
absolutely necessary  for executing its inspection laws;  and the
net produce  of all  duties and  imposts laid  by  any  state  on
imports or  exports shall  be for  the use of the treasury of the
United States, and all such laws shall be subject to the revision
and control of congress.  No state, shall, without the consent of
congress, lay any duty on tonnage, keep troops or ships of war in
time of  peace, enter  into any agreement or compact with another
state, or with a foreign power, or engage in war, unless actually
invaded, or in such imminent danger as will not admit of delay.

   8. The  district of  Columbia and the territorial districts of
the United  States, are  not states  within the  meaning  of  the
constitution and of the judiciary act,  so as to enable a citizen
thereof to  sue a  citizen of  one of  the states  in the federal
courts. 2 Cranch, 445;  1 Wheat. 91.

  9. The several states composing the United States are sovereign
and independent,  in all  things not  surrendered to the national
government by  the constitution,  and are  considered, on general
principles,  by each other as foreign  states,  yet  their mutual
relations are  rather those  of domestic  independence,  than  of
foreign alienation.  7 Cranch, 481;  3 Wheat. 324;  1 Greenl. Ev.
§489,  504.   Vide,  generally,   Mr.  Madison's  report  in  the
legislature of Virginia, January, 1800;  1 Story's Com. on Const.
§208;   1 Kent,  Com. 189,  note b;   Grotius, B. 1, c. 1, s. 14;
Id. B.  3, c.  3, s.  2;   Burlamaqui, vol. 2, pt. 1, c. 4, s. 9;
Vattel, B.  1, c.  1;  1 Toull. n. 202, note 1 Nation;  Cicer. de
Repub. 1. 1, s. 25.


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     STATE,  condition   of  persons.   This  word   has  various
acceptations. If  we inquire into its origin, it will be found to
come from the Latin status, which is derived from the verb stare,
sto, whence has been made statio, which signifies the place where
a person  is located,  stat, to  fulfil the obligations which are
imposed upon him.

   2. State is that quality which belongs to a person in society,
and which  secures to,  and imposes upon him different rights and
duties in consequence of the difference of that quality.

   3. Although  all men  come from  the hands  of nature  upon an
equality, yet there are among them marked differences. It is from
nature that  come the  distinctions of  the  sexes,  fathers  and
children, of age and youth, &c.

   4. The  civil or  municipal laws of each people, have added to
these natural  qualities, distinctions which are purely civil and
arbitrary, founded  on the  manners of the people, or in the will
of the  legislature. Such  are the  differences, which these laws
have established between citizens and aliens, between magistrates
and subjects,  and between  freemen and  slaves;  and those which
exist in  some countries  between  nobles  and  plebeians,  which
differences are either unknown or contrary to natural law.

   5. Although  these latter  distinctions are  more particularly
subject to  the civil  or municipal  law, because  to it they owe
their origin,  it nevertheless  extends its  authority  over  the
natural qualities,  not to  destroy or  to weaken  them,  but  to
confirm them and to render them more inviolable by positive rules
and by  certain maxims.  This union of the civil or municipal and
natural law,  form among men a third species of differences which
may be called mixed, because they participate of both, and derive
their principles  from nature and the perfection of the law;  for
example, infancy or the privileges which belong to it, have their
foundation in  natural law;   but  the age  and the term of these
prerogatives are determined by the civil or municipal law.

   6. Three  sorts of different qualities which form the state or
condition of  men may  then be  distinguished:   those which  are
purely natural,  those purely civil, and those which are composed
of the  natural and  civil or municipal law. Vide 3 Bl. Com. 396;
1 Toull. n. 170, 171;  Civil State.

  TO STATE. To make known specifically;  to explain particularly;
as, to  state an  account, or  to show  the different items of an
account;  to state the cause of action in a declaration.

    STATEMENT,  pleading  and  in  practice.  In  the  courts  of
Pennsylvania, by the act to regulate arbitrations and proceedings
in courts  of justice,  passed March  21, 1806, 4 Smith's Laws of
Penn. 828,  it is enacted, "that in all cases where a suit may be
brought in  any court  of record  for the  recovery of  any  debt
founded on  a verbal  promise, book account, note, bond, penal or
single bill,  or all  or any  of them,  and which from the amount


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thereof may  not be  cognizable before a justice of the peace, it
shall be  the duty of the plaintiff, either by himself, his agent
or attorney,  to file  in  the  office  of  the  pro-thonotary  a
statement of his, her or their demand, on or before the third day
of  the   term  to   which  the  process  issued  is  returnable,
particularly specifying  the date  of the  promise, book account,
note, bond,  penal or single bill or all or any of them, on which
the demand  is founded,  and the  whole amount  which he, she, or
they believe  is  justly  due  to  him,  her  or  them  from  the
defendant."

   2. This statement stands in the place of a declaration, and is
not restric-ted  to any  particular form;   3 Serg. & Rawle, 406;
it is  an immethodical declaration, stating in substance the time
of the  contract, the  sum, and on what founded, with (what is an
important principle  in a  statement, 6  Serg. &  Rawle,  21,)  a
certificate of  the belief of the plaintiff or his agent, of what
is really  due.   Serg. &  Rawle, 28. See 6 Serg. & Rawle, 53;  8
Serg. &  Rawle, 567;  2 Serg. & Rawle, 537;  2 Browne's R. 40;  8
Serg. & R. 316.

   STATES. By  this name  are understood  in some  countries, the
assembly of  the different  orders of  the people to regulate the
affairs of the commonwealth, as, the states general.

   STATION, civil  law. A  place where  ships may ride in safety.
Dig. 49, 12, 1, 13;  id. 50, 15, 59.

   STATING-PART OF A BILL, chancery practice. That part of a bill
which contains  a narrative of the facts and circumstances of the
plaintiff's  case,  and  the  wrong  or  grievance  of  which  he
complains, and the names of the persons by whom done, and against
whom he  seeks redress,  is called  the stating part of the bill.
Bart. Suit in Eq. 27;  Coop. Eq. Pl. 9;  Story, Eq. Pl. §27.

   STATU LIBERI,  in Louisiana.  Slaves  for  a  time,  who  have
acquired the  right of  being free  at a  time to  come, or  on a
condition which is not fulfilled, or in a certain event which has
not happened,  but who,  in the  mean time,  remain in a state of
slavery. Code,  art. 37.  See 8 M. R. 219;  3 L. R. 176;  6 L. R.
571;   4 N.  S. 102;   7  N. S.  351. This  is substantially  the
definition of the civil law. Hist. de la Jur. 1. 40;  Dig. 40, 7,
1;  Code, 7, 2, 13.

  STATUS. The condition of persons. It also means estate, because
it signifies  the condition  or circumstances  in which the owner
stands with regard to his property. 2 Bouv. Inst. n. 1689.

    STATUTE.  The  written  will  of  the  legislature,  solemnly
expressed according  to the forms prescribed in the constitution;
an act of the legislature.

   2. This  word is  used in contradistinction to the common law.
Statutes acquire  their force  from the  time  of  their  passage
unless otherwise provided. 7 Wheat. R. 104:  1 Gall . R. 62.


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  3. It is a general rule that when the provision of a statute is
general, everything  which is  necessary to  make such  provision
effectual is supplied by the common law;  Co. Litt. 235;  2 Inst.
222;   Bac. Ab.  h. t.  B;  and when a power is given by statute,
everything  necessary   for  making  it  effectual  is  given  by
implication:  quando le aliquid concedit, concedere videtur et id
pe quod devenitur ad aliud. 12 Co. 130, 131 2 Inst. 306.

   4. Statutes  are of several kinds;  namely, Public or private.
1. Public statutes are those of which the judges will take notice
without pleading;   as,  those  which  concern  all  officers  in
general;  acts concerning trade in general or any specific trade;
acts concerning all persons generally. 2. Private acts, are those
of which  the judges wiil not take notice without pleading;  such
as concern  only a  particular species,  or  person;    as,  acts
relating to  any  particular  place,  or  to  several  particular
places,  or  to  one  or  several  particular  counties.  Private
statutes may  be rendered  public by  being so  declared  by  the
legislature. Bac.  Ab. h.  t. F;   1  Bl. Com. 85. Declaratory or
remedial. 1.  A declaratory  statute is  one which  is passed  in
order to  put an end to a doubt as to what the common law is, and
which declares  what it  is,  and  has  ever  been.  2.  Remedial
statutes are  those which  are made  to supply  such defects, and
abridge such  superfluities in  the common  law as  may have been
discovered. 1 Bl. Com. 86. These remedial statutes are themselves
divided into  enlarging statutes, by which the common law is made
more comprehensive  and extended  than it  was before;   and into
restraining statutes,  by which it is narrowed down to that which
is just  and proper. The term remedial statute is also applied to
those acts  which give  the party  injured a  remedy, and in some
respects those statutes are penal. Esp. Pen. Act. 1.

   6. Temporary or perpetual. 1. A temporary statute is one which
is limited  in its  duration at  the time  of its  enactment.  It
continues in  force until the time of its limitation has expired,
unless sooner  repealed. 2.  A perpetual  statute is  one for the
continuance of which there is no limited time, although it be not
expressly declared to be so. If, however, a statute which did not
itself contain any limitation, is to be governed by another which
is  temporary  only,  the  former  will  also  be  temporary  and
dependent upon the existence of the latter. Bac. Ab. h. t. D.

   7. Affirmative  or negative.  1. An affirmative statute is one
which is  enacted in  affirmative terms;  such a statute does not
take away  the common  law. If,  for example,  a statute  without
negative words,  declares that when certain requisites shall have
been complied  with, deeds  shall, have  in  evidence  a  certain
effect, this  does not  prevent their  being  used  in  evidence,
though the  requisites have  not been  complied with, in the same
manner as  they might  have been before the statute was passed. 2
Cain. R.  169. 2. A negative statute is one expressed in negative
terms, and  so controls  the common  law, that it has no force in
opposition to the statute. Bro. Parl. pl. 72;  Bac. Ab. h. t. G.

   8. Penal  statutes are  those which  order or prohibit a thing
under a  certain penalty.  Esp. Pen. Actions, 5 Bac. Ab. h. t. I,
9. Vide,  generally, Bac. Ab. h. t.;  Com. Dig. Parliament;  Vin.
Ab. h.  t.;  Dane's Ab. Index, h. t.;  Chit. Pr. Index, h. t.;  1
Kent, Com.  447-459;  Barrington on the Statutes, Boscaw. on Pen.
Stat.;  Esp. on Penal Actions and Statutes.


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   9. Among  the civilians, the term statute is generally applied
to all  sorts of  laws and  regulations;   every provision of law
which ordains,  permits,  or  prohibits  anything  is  a  statute
without considering  from what  source it  arises. Sometimes  the
word is  used in  contradistinction to  the imperial  Roman  law,
which, by  way of  eminence, civilians  call the common law. They
divide statutes into three classes, personal, real and mixed.

   10. Personal  statutes are  those which  have principally  for
their object the person, and treat of property only incidentally;
such are those which regard birth, legitimacy, freedom, the fight
of instituting suits, majority as to age, incapacity to contract,
to make  a will,  to plead  in person,  and the  like. A personal
statute is universal in its operation, and in force everywhere.

   11. Real  statutes are  those which have principally for their
object, property,  and which  do not  speak of persons, except in
relation  to   property;    such  are  those  which  concern  the
disposition, which  one may  make of his property either alive or
by testament.  A real statute, unlike a personal one, is confined
in its operation to the country of its origin.

  12. Mixed statutes are those which concern at once both persons
and property.  But in  this sense  almost all statutes are mixed,
there being  scarcely any law relative to persons, which does not
at the same time relate to things. Vide Merl. Repert. mot Statut;
Poth. Cout. d'Orleans, ch. 1;  17 Martin's Rep. 569-589;  Story's
Confl. of Laws, §12, et seq.;  Bouv. Inst. Index, h. t.

   STATUTE MERCHANT,  English law.  A security entered before the
mayor of  London, or some chief warden of a city, in pursuance of
13 Ed.  1. stat.  3, c.  1, whereby  the lands  of the debtor are
conveyed to  the creditor,  till out  of the rents and profits of
them, his debt may be satisfied. Cruise, Dig. t. 14, s. 7;  2 Bl.
Com. 160.

  STATUTES STAPLE, English law. The statute of the staple, 27 Ed.
HI. stat.  2, confined the sale of all commodities to be exported
to certain  towns in  England, called  estaple or  staple,  where
foreigners might  resort. It  authorized a  security  for  money,
commonly called  statute staple,  to be  taken by traders for the
benefit of  commerce;  the mayor of the place is entitled to take
a recognizance of a debt, in proper form, which has the effect to
convey the  lands of  the debtor to the creditor, till out of the
rents and  profits of  them he  may be satisfied. 2 Bl. Com. 160;
Cruise, Dig.  tit. 14,  s. 10;   2  Rolle's Ab.  446;   Bac.  Ab.
Execution, B. 1 4 Inst. 238.

    STATUTI,  Rom.  civ.  law.  From  Constantine  to  Justinian,
advocates, were  arranged in  two classes:    viz.  those  called
Statuti, and  the supernumeraries. (q. v.) The Statute were those
advocates  whose   names  were  inscribed  in  the  registers  of
matriculation, and formed a part of the college of advocates. The
number of advocates of this class was limited. See Calvini Lex ad
vocem.


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   STAY OF  EXECUTION, practice. A term during which no execution
can issue on a judgment.

   2. It  is either  conventional, when the parties agree that no
execution shall  issue for a certain period;  or it is granted by
law, usually  on condition  of entering  bail or security for the
money.

   3. An  execution issued  before the  expiration of the stay is
irregular and  will be set aside;  and the plaintiff in such case
may be liable to an action for damages. What is said above refers
to civil cases.

   4. In  criminal cases when a woman is capitally convicted, and
she is  proved to  be enceinte,  (q. v.) there shall be a stay of
execution till after her delivery. Vide Pregnancy.

  STAYING PROCEEDINGS. The suspension of an action.

  2. Proceedings are stayed absolutely or conditionally.

   3. -  1. They  are peremptorily  stayed when  the plaintiff is
wholly incapaci-tated  from suing;   as,  for example,  when  the
plaintiff is  not the  holder, nor  beneficially interested  in a
bill on  which he  has brought  his action;   2  Cr, & M. 416;  2
Dowl. 336;   Chitty  on Bills,  335;  3 Chitty, Pr. 628;  or when
the plaintiff  admits in writing, that he has no cause of action;
3 Chit. Prac. 370, 630;  or when an action is brought contrary to
good faith. Tidd's Prac. 515, 529, 1134;  3 Chit. Pr. 633.

   4. -  2. Proceedings  are sometimes stayed until some order of
the court  shall have been complied with;  as, when the plaintiff
resides in  a foreign  country,  or  in  another  estate,  or  is
insolvent, and  he has been ruled to give security for costs, the
proceedings are  stayed until  such security shall be given;  see
Security for  Costs;  3 Chit. Pr, 633, 635;  or until the payment
of costs in a, former action. 1 Chit. R. 195;  18 E. C. L. R. 64.

   STEALING. This term imports, ex vi termini, nearly the same as
larceny;   but in  common parlance,  it does  not always import a
felony;  as, for example, you stole an acre of my land.

   2. In slander cases, it seems that the term stealing takes its
complexion from  the subject-matter  to which  it is applied, and
will be  considered as  intended of  a felonious  stealing, if  a
felony could  have been  committed of such subject-matter. Stark.
on Slan.  80;   12 Johns. Rep. 239;  3 Binn. R. 546;  Whart. Dig.
tit. Slander.

   STELLIONATE, civil law. A name given generally, to all species
of frauds committed in making contracts.

   2. This  word is  said to be derived from the Latin stellio, a
kind of  lizard remarkable  for its cunning and the change of its
color, because  those guilty of frauds used every art and cunning


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to conceal  them. But  more particularly  it was  the crime  of a
person who  fraudulently assigned,  sold, or  engaged  the  thing
which he had before assigned sold, or engaged to another, unknown
to the person with whom be was dealing. Dig. 47, 20, 3;  Code, 9,
34, 1;  Merl. Repert. h. t.;  Code Civil, art. 2069;  1 Bro. Civ.
Law, 426.

   3. In  South Carolina  and Georgia,  a mortgagor  who makes  a
second mortgage  without disclosing  in writing,  to  the  second
mortgagee, the existence of the first mortgage, is not allowed to
redeem and,  in the  foraier  state,  when  a  person  suffers  a
judgment, or  enters into  a statute  or recognizance binding his
land, afterwards mortgages it, without giving notice, in writing,
of the  prior incumbrance,  he shall  not be  allowed to  redeem,
unless, within  six months  from a  written demand, he discharges
such incumbrauce. Prin. Dig. 161;  1 Brev. Dig. 166-8.

   4. In  Ohio a  fraudulent conveyance  is punished  as a crime;
Walk. Intr.  350;   and, in  Indians, any  party to  a fraudulent
conveyance is  subjected to  a flue  and to  double damages. Ind.
Rev. Laws, 189. See 12 Pet. 773.

   STEP-DAUGHTER. In  Latin privigna,  is the  daughter of  one's
wife, or of one's hushand.

   STEP-FATHER. In Latin vitricus, is the hushand of one's mother
who is not the father of the person spoken of.

  STEP-MOTHER. In Latin noverca, is the wife of one's father, who
is not the mother of the person spoken of.

   STEP-SON. In  Latin privignus, is the son of one's wife, or of
one's hushand.

   STERE. A French measure of solidity used in measuring wood. It
is a cubic metre. Vide Measure.

   STERILITY. Barrenness;   incapacity  to produce a child. It is
curable and  incurable;   when of the latter kind, at the time of
the marriage,  and arising from impotency, it is a good cause for
dissolving a marriage. 1 Fodere, Med. Leg. §254. See Impotency.

  STERLING. Current money of Great Britain, but anciently a small
coin, worth  about one  penny;   and so  called, as some suppose,
because it  was stamped  with the  figure of a small star, or, as
others suppose,  because it  was first  stamped in England in the
reign of  King John, by merchants from Germany called Esterlings.
Pounds sterling, originally signified so many pounds in weight of
these coins.  Thus we  find in  Matthew  Paris,  A.D.  1242,  the
expression  "Accepit   a  rege   pro  stipendio  tredecim  libras
esterlingorum." The secondary or derived sense is a certain value
in current  money, whether  in coins  or other currency. Lowndes,
14. Watts' Gloss. Ad verbum.

   STET PROCESSUS,  practice. An  order made,  upon proper  cause
shown, that  the process  remain stationary. As where a defendant
having become  insolvent would, by moving judgment in the case of
nonsuit, compel  a plaintiff  to proceed,  the court  will, on an
affidavit, of  the fact  of insolvency,  award a stet proces-sus.
See 7 Taunt. Rep. 180, 1 Chit. Rep. 738;  10 Wentw. Pl. 43.


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   STEVEDORE. A person employed in loading and unloading vessels.
Dunl. Adm. Pr. 98. Vide Arrameurs;  Sac

  STEWARD OF ALL ENGLAND. Seneschallus totius Angliae. An officer
among the  English who  was invested  with various  powers,  and,
among others, it was his duty to preside on the trial of peers.

  STEWS, Eng. law., Places formerly permitted in England to women
of professed  lewdness, and who, for hire, would prostitute their
bodies to all comers.

   2. These  places were  so called because the dissolute persons
who visited  them prepared themselves by bathing;  the word stews
being derived  from the old French estuves, stove, or hot bath. 3
Inst. 205.

  STILLICIDIUM, civ. law. The rain water that falls from the roof
or eaves  of a house by scattered drops. When it is gathered into
a spout it is called flumen.

    2.  Without  the  constitution  of  one  or  other  of  these
servitudes, no  proprietor can build so as to throw the rain that
falls from  his house directly on his neighbor's grounds;  for it
is a  restriction upon  all property,  nemo pro-test  immitere in
alienum;   and he who in building breaks through that res-traint,
truly builds  on another  man's property;   because to whomsoever
the area  belong's, to  him also  belongs whatever  is above  it:
cujus est  solum, ejas  est usque ad caelum. 3 Burge on the Conf.
of Laws,  405. Vide Servitus Stillicidii. Inst. 3, 2, 1;  Dig. 8,
2, 2.

   STINT, Eng.  law. The  proportionable part  of a man's cattle,
which he may keep upon the common.

  2. To use a thing without stint, is to use it without limit.

  STIPULATED DAMAGES, contracts. The sum agreed by the parties to
be paid,  on a  breach of  a contract, by the party violating his
engagement to the other.

   2. It  is difficult  to distinguish,  in some  cases,  between
stipulated damages  and a  penalty;   (q. v.)  3 Chitty's Commer.
Law, 627;  2 Bos. & Pull. 346. The effect of inserting stipulated
damages, either  at law  or equity,  a pears  to  be,  that  both
parties must  abide by  the stipulation,  and the  prescribed sum
must be  given. Holt, C. N. P. 46 Newl. Contr. 313;  see 5 Taunt.
Rep. 247. Vide Damages, Liquidated.

   STIPULATION, contracts.  In the  Roman law,  the  contract  of
stipulation was made in the following manner, namely;  the person
to whom  the promise  was to  be made, proposed a question to him
from whom  it was  to proceed,  fully expressing  tho nature  and
extent of  the engagement  and, the  question so  proposed  being
answered in the affirmative, the obligation was complete.


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  2. It was essentially necessary that both parties should speak,
(so that  a dumb man could not enter into a stipulation) that the
person making  the  promise  should  answer  conformably  to  the
specific question,  proposed, without  any material  interval  of
time, and with the intention of contracting an obligation.

   3. From  the general use of this mode of contracting, the term
stipulation has  been introduced  into common  parlance, and,  in
modern language,  frequently refer's  to any  thing which forms a
material article  of an  agreement;   though it  is applied  more
correctly and  more conformably to its original meaning to denote
the insisting  upon and  requiring any  particular engagement.  2
Evans' Poth. on Oblig. 19.

   4. In  this contract  the Roman  law dispensed  with an actual
consideration. See,  generally, Pothier, Oblig. P. 1, c. 1, s. 1,
art. 5.

  5. In the admiralty courts, the first process is freq uently to
arrest the  defendant, and  then they  take the  recognizances or
stipulation of  certain fide jussors in the nature of bail. 3 Bl.
Comm. 108;  vide Dunlap's Adm. Practice, Index, h. t.

  6. These stipulations are of three sorts, namely:  l. Judicatum
solvi, by  which the party is absolutely bound to pay such sum as
may be  adjudged by  the court. 2 De judico sisti, by which he is
bound to  appear from  time to  time, during  the pendency of the
suit, and  to abide  the sentence.  3. De  ratio, or  De rato, by
which he  engages to  ratify the  acts  of  his  proctor:    this
stipulation is  not usual  in the  admiralty courts of the United
States.

   7. The  securities are  taken in the following manner, namely:
1. Cautio  fide jussoria,  by  sureties.  2.  Pignoratitia;    by
deposit. 3.  Juratoria, by oath:  this security is given when the
party is  too poor  to find  sureties, at  the discretion  of the
court. 4.  Aude promissoria,  by bare  promise:  this security is
unknown in the admiralty courts of the United States. Hall's Adm.
Pr. 12;  Dunl. Adm. Pr. 150, 151. See 17 Am. Jur. 51.

   STIRPES, descents.  The  root,  stem,  or  stock  of  a  tree.
Figuratively, it  signifies, in  law, that  person  from  whom  a
family is descended, and also the kindred or family.

   2. It  is chiefly  used in estimating the several interests of
the different  kindred, in  the distribution  of  an  intestate's
estate. 2 Bl. Com. 517 and vide Descent;  Line.

   STOCK, mer. law. The capital of a merchant tradesman, or other
person  including  his  merchandise,  money  and  credits.  In  a
narrower sense  it signifies  only the goods and wares he has for
sale and  traffic. The  capital of  corporations is  also  called
stock;   this is usually divided into shares of a definite value,
as one hundred dollars, fifty dollars per share.


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   2. The  stock held by individuals in corporations is generally
considered as  personal property.  4 Dane's  Ab. 670;   Sull.  on
Land. Titl. 71;  Walk. Introd. 211;  1 Hill, Ab. 1 8.

   STOCK, descents.  This  is  a  metaphorical  expression  which
designates, in  the genealogy  of a  family, the person from whom
others are  descended:   those persons  who have so descended are
called branches.  Vide 1 Roper on Leg. 103;  2 Suppl. to Ves. 307
and Branch;  Descent Line;  Stirpes.

   STOCKS, crim. law. A machine commonly made of wood, with boles
in it,  in which  to confine  persons accused  of or  guilty of a
crime.

   2. It  was used  either to  confine unruly offenders by way of
security, or convicted criminals for punishment.

   3. This  barbarous punishment  has been generally abandoned in
the United States.

   STOPPAGE IN  TRANSITU, contracts. This is the name of that act
of a  vendor of  goods, upon  a credit, who, on learning that the
buyer has failed, resumes the possession of the goods, while they
are in  the hands of a carrier or middle-man, in their transit to
the buyer, and before they get, into his actual possession.

   2. The  subject will  be considered  with reference to, 1. The
person who has a right to stop goods in transitu. 2. The property
whicli may  be stopped.  3. The  time when to be stopped. 4. The,
manner of stopping. 5. The failure of the buyer. 6. The effect of
stopping.

   3. - 1. The right of stopping property in transitu is confined
to cases in which the consignor is substantially the seller;  and
does not extend to a mere surety for the price, nor to any person
who does  not rest  his claim on a proprietor's right. 6 East, R.
371;  4 Burr. 2047;  3 T. R. 119, 783;  1 Bell's Com. 224.

  4. - 2. The property stopped must be personal property actually
sold or bartered, on a credit. 2 Dall. 180;  1 Yeates, 177.

   5. -  3. It  must be  stopped during  the transit,  and  while
something remains  to be  done to complete the delivery;  for the
actual or  symbolical, delivery of the goods to the buyer puts an
end to  the right of the seller to stop the goods in transitu;  3
T. R. 464;  8 T. R. 199;  but it has been decided that if, before
delivery, the  seller annex  a condition  that security, shall be
given before  taking possession;  or that the price shall be paid
in ready money;  or that a bill shall be delivered;  the property
will not  pass by  the mere  act of  the  buyer's  attaining  the
possession. 3  Esp. Rep. 58., When the seller has given the buyer
documents sufficient  to transfer  the property,  and the  buyer,
upon the strength of such documents, has sold the goods to a bona
fide purchaser  without notice,  the seller  is divested  of  his
rights 2 W. C. C. R. 283;  but a resale by the buyer does not, of
itself, and  without other  circumstances, destroy  the  vendor's
right of  stoppage in  transitu. 6  Taunt. R.  433 Vide Delivery;


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and 1 Rawle's R. 9;  1 Ashm. R. 103;  Harr. Dig. Sale, III. 4;  7
Taunt. R.  59;   2 Marsh.  R. 366;   Holt's R. 248;  1 Moore's R.
526;  3 B. & P. 320;  Id. 119;  5 East, R. 175.

   6. -  4 The  manner of stopping the goods is usually by taking
corporal possession of them;  but this is not the only way it may
be done;   the seller may put in his claim or demand of his right
to the  goods either  verbally or in writing. 2 B. & P. 257, 462;
2 Esp.  R. 613;   Co.  Bankr. Law, 494;  Holt's Cases, N. B. 338.
Vide Corporal Touch.

   7. -  5. The  buyer must have actually failed, or be in actual
and immediate danger of insolvency.

   8. -  6. The  stopping of goods in transitu does not of itself
rescind the contract. 1 Atk. 245;  Co. B. L. 394;  6 East, R. 27,
n. The  seller may,  therefore, upon  offering to  deliver  them,
recover the  price. 1  Campb. 109;  6 Taunt. 162. But inasmuch as
the seller  is permitted  in equity  to annul the transfer he has
made, by  stopping the  goods on their transit, and by that means
to deprive the general creditors of the buyer of property, which,
in strict law, has passed to their debtor, it has been considered
as equitable,  on  the  other  hand,  that  this  act  should  be
accompanied  by  a  rescinding  of  the  whole  contract,  and  a
renunciation of  any further  claim;   since it  would be a great
bardship to  give a  preference to  the seller  over,  the  other
creditors;   and subject  the divisible funds, which have derived
no  benefit   from  the   contract,  to   a  further   claim   of
indemnification. 1 Bell's Com. B. 2, pt. 3, c. 2, s. 2, §5.

   Vide, generally,  2 Kent,  Com. 427;   Bac.  Abr. Merchant, L;
Ross on  Vend., Index,  h. t.  Selw. N.  P. 1206;    Whitaker  on
Stoppage in  Transitu;   Abbott on  Ship. 351;  3 Chit. Com. Law,
340;   Chit. on  Contr. 124-126;   2  Com. Dig. 268;  8 Com. Dig.
952;   2 Supp.  to Ves.  jr. 231,  481;  2 Leigh's N. P. 1472;  1
Bouv. Inst. n. 959-65.

   STORES. the victuals and provisions collected together for the
subsistence of a ship's company, of a camp, and the like.

   STOUTHRIEFF, Scotch  law. Formerly  this word  included in its
signification 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. Alison, Princ. Cr. Law of Scot]. 227.

   STOWAGE, mar.  law. The  proper arrangement  in a ship, of the
different articles  of which  a cargo  consists, so that they may
not injure  each other  by friction, or be damaged by the leakage
of the ship.

   2. The  master of  the ship is bound to attend to the stowage,
unless, by  custom or agreement, this business is to be performed
by persons  employed by  the  mercbant.  Abbott  on  Shipp.  228;
Pardes. Dr. Com. n. 721.


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   STRANDING, maritime law. The running of a ship or other vessel
on shore;  it is either accidental or voluntary.

   2. It  is accidental where the ship is driven on, shore by the
winds and  waves;   it is  voluntary where  she is  run on shore,
either to  preserve her from a worse fate, or for some fraudulent
purpose. Marsh. Ins. B. 1, c. 12, s. 1.

   3. It  is of great consequence to define accurately what shall
be deemed  a stranding, but this is no easy matter. In one case a
ship having  run on  some wooden  piles, four  feet under  water,
erected in  Wisheach river,  about nine  yards from  shore, which
were placed  there to  keep up the banks of the river, and having
remained on  these piles until they were cut away, was considered
by Lord Kenyon to have been stranded. Marsh. Ins. B. 7, s. 3 . In
another case,  a ship  arrived in  the river  Thames,  and,  upon
coming up  to the  Pool, which  was full of vessels, one brig ran
foul of  her bow,  and another  of her  stern, in  consequence of
which she  was driven aground, and continued in that situation an
hour, during  which period several other vessels ran foul of her;
this, Lord  Kenyon told  the jury,  that unskilled  as he  was in
nautical affairs,  he thought  he could safely pronounce to be no
stranding. lb.;  1 Camp. 131;  3 Camp. 431;  4 M. & S. 503;  7 B.
& C. 224;  5 B. & A. 225;  4 B. & C. 736. See Perils of the Sea.

     STRANGER,  persons,   contracts.  This   word  has   several
significations. 1.  A person  born out of the United States;  but
in this  sense the  term alien is more properly applied, until he
becomes naturalized.  2. A  person who  is not privy to an act or
contract;   example, he who is a stranger to the issue, shall not
take advantage  of the verdict. Bro. Ab. Record, pl. 3;  Vin. Ab.
h. t. pl. 1 and vide Com. Dig. Abatement, H 54.

   2. When  a man  undertakes to  do  a  thing,  and  a  stranger
interrupts him,  this is  no excuse.  Com. Dig.  Condition, L 14.
When a party undertakes that a stranger shall do a certain thing,
he becomes  liable as soon as the stranger refuses to perform it.
Bac. Ab. Conditions, Q 4.

   STRATAGEM. A deception either by words or actions, in times of
war, in order to obtain an advantage over an enenly.

   2. Such  stratagems, though  contrary to  morality, have  been
justified,  unless   they  have   been  accompanied  by  perfidy,
injurious to  the rights  of humanity, as in the example given by
Vattel of  an English  frigate, which during a war between France
and England,  appeared off Calais and made signals of distress in
order to  allure some  vessel to come to its relief, and seized a
shallop and  its crew,  who had  generously gone out to render it
assistance. Vattel, Droit des Gens, liv. 3, c. 9, §178.

  3. Sometimes stratagems are employed in making, contracts, this
is unlawful and fraudulent, and avoids the contract. See Fraud.

   STRATOCRACY. A  military government;   government  by military
chiefs of an army.


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   STREAM. A current of water. The right to a water course is not
a right  in the fluid itself so much as a right in the current of
the stream. 2 Bouv. Inst. n. 1612. See River;  Water Course.

   STREET. A  road in  a village  or city. In common parlance the
word street is equivalent to highway. 4 Serg. & Rawle, 108.

   2. A  permission to the public for the space of eight, or even
of six  years, to  use a  street without  bar or  impediment,  is
evidence from which a dedication to the public maybe inferred. 11
East, R.  376;   See 2  N. Hamp. 513;  4 B. & A. 447;  3 East, R.
294;   1 Law  lntell. 134;  2 Smith's Lead. Cas. 94, n.;  2 Pick.
R. 162;   2  Verm. R. 480;  5 Taunt. R. 125;  S. C. 1 E. C. L. R.
34;   4 Camp.  R. 169;  1 Camp. R. 260:  7 B. & C. 257;  S. C. 14
E. C.  L. R.  39;   5 B  & Ald. 454;  S. C. 7 E. C. L. R. 159;  1
Blackf. 44;   2  Wend. 472;   8  Wend. 85;  11 Wend. 486;  6 Pet.
431;  1 Paige, 510;  and the article Dedication.

   STRICT SETTLEMENT.  When lands  are settled  to the parent for
life, and  after his  death to  his first and other sons in tail,
and  trustees   are  interposed   to  preserve   the   contingent
remainders, this is called a strict settlement.

   STRICTISSIMI JURIS.  The most strict right or law. In general,
when a  person receives  an advantage, as the grant of a license,
he is  bound to  conform strictly  to the  exercise of the rights
given him  by it,  and in  case of a dispute, it will be strictly
construed. See 3 Story, Rep. 159.

   STRICTUM JUS.  This phrase  is used  to denote  mere  law,  in
contradistinction to equity.

   STRUCK, pleadings. In an indictment for murder, when the death
arises from  any woundng,  beating or  bruising, it is said, that
the word  "struck" is  essential. 1  Bulstr. 184;   5 Co. 122;  3
Mod. 202;   Cro. Jac. 655;  Palm. 282;  2 Hale, 184, 6, 7:  Hawk.
B. 2, c. 23, s. 82;  1 Chit. Cr. Law, *243 6 Binn. R. 179.

   STRUCK JURY.  A special  jury selected  by striking  from  the
pannel of  jurors, a certain number by each party, so as to leave
a number  required by law to try the cause. In general, a list of
forty-eight jurors  is made  out for  each case;   the  plaintiff
strikes off  twelve, aud the defendant the same number from those
who remain  twelve are  to be  selected to  try the cause, unless
they are challenged for cause. See Challenge.

   STRUCK OFF.  A case  is said to be struck off, where the court
has no jurisdiction, aud can give no judgment, and order that the
case be  taken off  the record, which is done by an entry to that
effect.

   STRUMPET. A harlot, or courtezan:  this word was formerly used
as an addition. Jacob's Law Dict. h. t.

  TO STULTIFY. To make or declare insane. It is a general rule in
the English  law, that  a man  shall not be permitted to stultify
himself;   that is, he shall not be allowed to plead his insanity
to avoid  a contract.  2 Bl. Com. 291;  Fonbl. Eq. b. 1, c. 2, 1;
Pow. on Contr. 19.


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  2. In the United States, this rule seems to have been exploded,
and the  party may himself avoid his acts except those of record,
and  contracts   for  necessaries   and  services   rendered,  by
allegation and  proof of insanity. 5 Whart. R. 371, 379;  2 Kent,
Com. 451;   3  Day, R.  90;   3 Conn. R. 203:  5 Pick. R. 431;  5
John R.  503.;   1 Bland.  R. 376. Vide Fonbl. Eq b. 1, c. 2, §1,
note 1;  2 Str. R. 1104;  3 Camp. R. 125;  7 Dowl. & Ryl. 614;  3
C. & P. 30;  1 Hagg. C. R. 414.

   STUPIDITY, med.  jur. That  state of  the  mind  which  cannot
perceive and embrace the data presented to it by the senses;  and
therefore the  stupid person  can, in  general, form  no  correct
judgment. It  is a  want of the perceptive powers. Ray, Med. Jur.
c. 3, §40. Vide Imbecility.

   STUPRUM, civ.  law. The criminal sexual intercourse which took
place between a man and a single woman, maid or widow, who before
lived honestly. Inst. 4, 18, 4;  Dig. 48, 5, 6;  Id. 50, 16, 101;
1 Bouv. Inst. Theolo. ps. 3, quaest. 2, art. 2, p. 252.

  SUB-AGENT. A person appointed by an agent to perform some duty,
or the whole of the business relating to his agency.

   2. Sub-agents may be considered in two points of view. 1. With
regard to  their rights  and duties or obligations, towards their
immediate employers.  2.  As  to  their  rights  and  obligations
towards their superior or real principals.

  3. - 1. A sub-agent is generally invested with the same rights,
and incurs  the same  liabilities  in  regard  to  his  immediate
employers, as  if he  were the  sole and  real principal. To this
general rule  there are some exceptions for example, where by the
general  usage   of  trade  or  the  agreement  of  the  parties,
sub-agents are  ordinarily or necessarily employed, to accomplish
the ends  of the  agency, there, if the agency is avowed, and the
credit is  exelusively given  to the  principal, the intermediate
agent  may  be  entirely  exempted  from  all  liability  to  the
sub-agent. The  agent, however,  will be liable to the sub-agent,
unless such  exclusive credit  has been  given, although the real
principal or  superior may  also be  liable. Story  on Ag.  §386;
Paley on  Ag. by Lloyd, 49. When the agent employs a sub-agent to
do the  whole, or any part of the business of the agency, without
the knowledge  or consent  of his  principal, either  express  or
implied, the  latter will  only be  entitled to  recover from his
immediate employer,  and his  sole responsibility is also to him.
In this case the superior or real principal is not responsible to
the sub-agent, because there is no privity between them. Story on
Ag. §13, 14, 15, 217, 387.

   4. -  2. Where  by an  express or  implied  agreement  of  the
parties, or  by the  usages  of  trade,  a  sub-agent  is  to  be
employed,  a   privity  exists  between  the  principal  and  the
sub-agent, and  the latter  may justly  maintain  his  claim  for
compensation,  both  against  the  principal  and  his  immediate
employer, unless  exclusive credit is given to one of them;  and,
in that  case, his remedy is limited to that party. 1 Liv. on Ag.
64;  6 Taunt. R. 147.


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   SUBALTERN. A kind of officer who exercises his authority under
the superintendence and control of a superior.

   TO SUBDIVIDE.  To divide  a part  of a thing which has already
been divided.  For example,  when a person dies leaving children,
and grandchildren,  the children  of one  of his own who is dead,
his property  is divided  into as many shares as he had children,
including  the  deceased,  and  the  share  of  the  deceased  is
subdivided into as many shares as he had children.

   SUBINFEUDATION, estates,  English law.  The act of an inferior
lord by  which he carved out a part of an estate which he held of
a superior,  and granted  it to  an inferior tenant to be held of
himself.

   2. It  was an  indirect mode  of transferring  the  fief,  and
resorted to  as an  artifice to  elude the  feudal restraint upon
alienation:   this was forbidden by the statute of Quia Emptores,
18 Ed. I;  2 Bl. Com. 91;  3 Kent, Com. 406.

   SUBJECT, contracts.  The thing  which  is  the  object  of  an
agreement. This term is used in the laws of Scotland.

  SUBJECT, persons, government. An individual member of a nation,
who  is   subject  to   the  laws;     this   term  is   used  in
contradistiction  to  citizen,  which  is  applied  to  the  same
individual when considering his political rights.

  2. In monarchical governments, by subject is meant one who owes
permanent allegiance  to the monarch. Vide Body politic;  Greenl.
Ev. §286;  Phil. & Am. on Ev. 732, n. 1.

  SUBJECT-MATTER. The cause, the object, the thing in dispute.

   2. It  is a  fatal objection  to the jurisdiction of the court
when it  has not  cognizance of the subject-matter of the action;
as, if a cause exclusively of admiralty jurisdiction were brought
in a  court of  common law,  or a  criminal proceeding in a court
having jurisdiction  of civil  cases only. 10 Co. 68, 76 1 Ventr.
133;   8 Mass. 87;  12 Mass. 367. In such case, neither a plea to
the jurisdiction,  nor any  other plea  would be required to oust
the court  of jurisdiction.  The cause  might be  dismissed  upon
motion, by the court, ex officio.

  SUBJECTION. The obligation of one or more persons to act at the
discretion, or according to the judgment and will of others.

   2. Subjection  is either  private or  public. By the former is
meant the subjection to the authority of private persons;  as, of
children to  their parents,  of apprentices to their masters, and
the like.  By the  latter is  understood the  subjection  to  the
authority of public persons. Rutherf. Inst. B. 2, c. 8.


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   SUBLEASE. A  lease by  a tenant to another tenant of a part of
the premises held by him;  an underlease.

   SUBMISSION. A  yielding to  authority. A  citizen is  bound to
submit to  the laws;   a  child to his parents;  a servant to his
master. A victor may enforce, the submission of his enemy.

   2. When  a captor  has taken  a prize, and the vanquished have
submitted  to   his  authority,  the  property,  as  between  the
belligerents,  has  been  transferred.  When  there  is  complete
possession on  one side,  and  submission  upon  the  other,  the
capture is complete. 1 Gallis. R. 532.

  SUBMISSION, contracts. An agreement by which persons who have a
law-suit or  difference with  one another,  name  arbitrators  to
decide the  matter, and  bind themselves  reciprocally to perform
what shall be arbitrated.

   2. The  submission may be by the act of the parties simply, or
through the  medium of  a court of law or equity. When it is made
by the  parties alone it may be in writing or not in writing. Kyd
on Aw.  11;  Caldw. on Arb. 16;  6 Watts' R. 357. When it is made
through the  medium of  a court, it is made a matter of record by
rule of  court. The  extent of  the submission  may  be  various,
according to the pleasure of the parties;  it may be of only one,
or of all civil matters in dispute, but no criminal matter can be
referred. It  is  usual  to  put  in  a  time  within  which  the
arbitrators shall  pronounce their  award. Caldw.  on Arb. ch. 3;
Kyd on  Awards, ch.  1;  Civ. Code of Lo. tit. 19 3 Vin. Ab. 131;
1 Supp.  to Ves.  jr. 174;   6  Toull. n.  827;  8 Toull. n. 332;
Merl. Repert.  mot Compromis;  1 S. & R. 24;  5 S. & R. 51;  8 S.
& R.  9;   1 Dall.  164;   6 Watts,  R. 134;  7 Watts, R. 362;  6
Binn. 333, 422;  2 Miles, R, 169;  3 Bouv. Inst. n. 2483, et seq.

   SUB MODO.  Under a  qualification;   a legacy may be given sub
modo, that is, subject to a condition or qualification.

   SUBNOTATIONS, civ. law. The answers of the prince to questions
which had  been put  to him  respecting some  obscure or doubtful
point of law. Vide Rescripts.

   SUBORNATION OF  PERJURY, crim.  law. The  procuring another to
commit legal  perjury, who in consequence of the persuasion takes
the oath to which be has been incited. Hawk. B. 1, c. 69, s. 10.

   2. To  complete the  offence, the  false oath must be actually
taken, and  no abortive  attempt (q. v.) to solicit will complete
the crime. Vide To Dissuade;  To persuade.

   3. But  the criminal  solicitation to  commit perjury,  though
unsuccessful, is a misdemeanor at common law. 2 East, Rep. 17;  6
East, R.  464;   2 Chit.  Crim. Law,  317;  20 Vin. Ab. 20. For a
form of an indictment for an attempt to suborn a person to commit
perjury, vide 2 Chit. Cr. Law, 480;  Vin. Ab. h. t.


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  4. The act of congress of March 3, 1825, §13, provides, that if
any person  shall knowingly or wilfully procure any such perjury,
mentioned in  the act,  to be  committed, every  such  person  so
offending, shall  be guilty of subornation of perjury, and shall,
on conviction  thereof, be  punished by  fine, not  exceeding two
thousand dollars,  and by  imprisonment and  confinement to  hard
labor, not  exceeding five years, according to the aggravation of
the offence.

   SUBPOENA, practice,  evidence. A process to cause a witness to
appear and  give testimony,  commanding  him  to  lay  aside  all
pretences and  excuses, and  appear before  a court or magistrate
therein named,  at a  time therein  mentioned, to testify for the
party named,  under a  penalty therein mentioned. This is usually
called a subpoena ad testificandum.

  2. On proof of service of a subpoena upon the witness, and that
he, is  material, an  attachment way  be issued against him for a
contempt, if he neglect to attend as commanded.

   SUBPOENA, 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;  the
writ of subpoena was originally a process in the courts of common
law, to  enforce the  attendance of  a witness  to give evidence;
but this  writ was  used in  the court  of chancery  for the game
purpose as  a citation  in the  courts of civil and canon law, to
compel the appearance of a defendant, and to oblige him to answer
upon oath the allegations of the plaintiff.

  2. This writ was invented by John Waltham, bishop of Salishury,
and chancellor  to Rich.  II. under the authority of the statutes
of Westminster  2, and  13 Edw.  I. c.  34, which  enabled him to
devise new  writs. 1  Harr. Prac. 154;  Cruise, Dig. t. 11, c. 1,
sect. 12-17. Vide Vin. Ab. h. t.;  1 Swanst. Rep. 209.

   SUBPOENA DUCES  TECUM, practice. A writ or process of the same
kind  as  the  subpoena  ad  testificandum,  including  a  clause
requiring the witness to bring with him and produce to the court,
books, papers, &c., in his hands, tending to elucidate the matter
in issue. 3 Bl. Com. 382.

  SUB PEDE SIGILLI. Under the foot of the seal;  under seal. This
expression is  used when  it is  required that a record should be
certified under the seal of the court.

  SUB POTESTATE. Under or subject to the power of another;  as, a
wife is  under the power of her hushand;  a child subject to that
of his father;  a slave to that of his master.

   SUBREPTION, French  law. By  this word is understood the fraud
committed to  obtain a pardon, title, or grant, by alleging facts
contrary to truth.

   SUBROGATION, civil  law, contracts.  The act  of putting  by a
transfer, a  person in  the place  of another,  or a thing in the
place of  another thing.  It is the substitution (q. v.) of a new
for an  old creditor,  and the succession to his rights, which is
called subrogation;   transfusio unius creditoris in alium. It is
precisely the reverse of delegation. (q. v.)


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   2. There  are three kinds of subrogation:  1. That made by the
owner of  a thing  of his  own  free  will;    example,  when  be
voluntarily assigns  it. 2.  That which  arises in consequence of
the law,  even without the consent of the owner;  example, when a
man pays  a debt  which could not be properly called his own, but
which nevertheless  it was his interest to pay, or which he might
have been compelled to pay for another, the law subrogates him to
all the  rights of  the creditor. Vide 2 Binn. Rep. 382;  White's
L. C.  in Eq.*  60-72. 3.  That which  arises by  the act  of law
joined to  the act  of the  debtor;   as, when the debtor borrows
money expressly  to pay  off his  debt, and with the intention of
substituting the  lender in  the place  of the  old  creditor.  7
Toull. liv.  3, t.  3, c.  5, sect.  1, §2.  Vide  Civ.  Code  of
Louisiana, art.  2155 to  2158;   Merl. Repert. h. t.;  Dig. lib.
20;   Code, lib. 8, t. 18 et 19 9 Watts. R. 451;  6 Watts & Serg.
190;  2 Bouv. Inst. n. 1413.

   SUBSCRIBING WITNESS.  One who subscribes his name to a writing
in order  to be able at a future time to prove its due execution;
an attesting witness.

  2. In order to make a good subscribing witness, it is requisite
he Should sign his name to the instrument himself, at the time of
its execution,  and at  the request  or with  the assent  of  the
party. 6 Hill, N. Y. R. 303;  11 M. & W. 168;  1 Greenl. Ev. §569
a, 4th ed. See Witness instrumentary;  5 Watts, 399.

   SUBSCRIPTION, contracts. The placing a signature at the bottom
of a  written or printed engagement;  or it is the attestation of
a witness  by so  writing his  name;  but it has been holden that
the attestation  of an illiterate witness, by making his mark, is
a sufficient  subscription. 7  Bing. 457;  2 Ves. 454;  Atk. 177;
1 Yes. jr. 11;  3 P. Wms. 253;  1 V. & B. 362. Vide To sign.

  2. By subscription is also understood the act by which a person
contracts, in writing, to furnish a sum of money for a particular
purpose;   as, a  subscription to  a  charitable  institution,  a
subscription for a book, for a newspaper, and the like.

  SUBSCRIPTION LIST. The names of persons who have agreed to take
a newspaper, magazine or other publication, placed upon paper, is
a subscription list.

   2. This  is, an  incident to  a newspaper, and passes with the
sale of the printing materials. 2 Watts, 111.

   SUBSIDY,  Engl.  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's Law. Dict. h. t.

   2. 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, is  called a subsidy. Vattel, liv. 3,
§82. See Neutrality.


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   SUB SILENTIO.  Under silence,  without any notice being taken.
Sometimes passing  a thing  sub silentio  is evidence of consent.
See Silence.

   SUBSTANCE, evidence.  That which  is essential;  it is used in
opposition to form.

   2. It is a general rule, that on any issue it is sufficient to
prove the  substance of  the issue.  For example, in a case where
the defendant  pleaded payment  of  the  principal  sum  and  all
interest due,  and it  appeared in  evidence that a gross sum was
paid, not  amounting to  the full  interest, but  accepted by the
plaintiff as full payment, the proof was held to be sufficient. 2
Str. 690;  1 Phil. Ev. 161.

   SUBSTITUTE, contracts.  One placed  under another  to transact
business for  him;   in letters  of attorney,  power is generally
given to the attorney to nominate and appoint a substitute.

  2. Without such power, the authority given to one person cannot
in general  be delegated  to another,  because it  is a  personal
trust and  confidence, and  is not  therefore transmissible.  The
authority  is   given  to   him  to  exercise  his  judgment  and
discretion, and  it cannot  be said that the trust and confidence
reposed in him shall be exercised at the discretion of another. 2
Atk. 88;   2  Ves. 645.  But an  authority may  be  delegated  to
another, when  the attorney  has   express power  to do so. Bunb.
166;  T. Jones, 110. See Story, Ag. §§13, 14. When a man is drawn
in the militia, he may in some cases hire a substitute.

   SUBSTITUTES, Scotch  law. Where an estate is settled on a long
series of  heirs, substituted  one after another, in tailzie, the
person first called in the tailzies, is the institute;  the rest,
the beirs of tailzie;  or the substitutes. Ersk. Princ. L. Scotl.
3, 8, 8. See Tailzie;  Institute.

   SUBSTITUTION, civil  law. In  the law  of devises,  it is  the
putting of one person in the place of another, so that he may, in
default of  ability in the former, or after him, have the benefit
of a devise or legacy.

   2. It  is a species of subrogation made in two different ways;
the first is direct substitution, and the latter a trust or fidei
commissary substitution.  The first  or direct  substitution,  is
merely the  institution of  a second  legatee, in  case the first
should be  either incapable  or unwilling  to accept  the legacy;
for example,  if a  testator should give to Peter his estate, but
in case  he cannot legally receive it, or he wilfully refuses it,
then I  give it  to Paul;   this  is a direct substitution. Fidei
commissary substitution is that which takes place when the person
substituted is  not to  receive the  legacy until after the first
legatee, and  consequently must receive the thing bequeathed from
the hands  of the  latter for example, I institute Peter my heir,
and I request that at his death he shall deliver my succession to
Paul. Merl. Repert. h. t.;  5 Toull. 14.


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   SUBSTITUTION, chancery  practice. This  takes place  in a case
where a creditor has a lien on two different parcels of land, and
another creditor  has a  subsequent  lien  on  one  only  of  the
parcels, and  the prior  creditor elects to have his whole demand
out of  the parcel of land on which the subsequent creditor takes
his lien;   the  latter is  entitled, by  way of substitution, to
have the prior lien assigned to him for his benefit. 1 Johns. Ch.
R. 409;  2 Hawk's Rep. 623;  2 Mason, R. 342. And in a case where
a bond  creditor exacts  the whole  of the  debt from  one of the
sureties, that surety is entitled to be substituted in his place,
and to  a cession  of his  rights and securities, as if be were a
purchaser, either  against the  principal or his co-sureties. Id.
413;  1 Paige's R. 185;  7 John. Ch. Rep. 211;  10 Watts, R. 148.

   2. A  surety on  paying the  debt is  entitled to stand in the
place of  the cre-ditor  and to  be subrogated  to all his rights
against the  principal. 2 Johns. Ch. R. 454. 4 Johns. Ch. R. 123;
1 Edw.  R. 164;   7  John. R. 584;  3 Paige's R. 117;  2 Call, R.
125;   2 Yerg.  R. 346;   1 Gill & John. 346;  6 Rand. R. 98,;  8
Watts, R. 384. In Pennsylvania it is provided by act of assembly,
that in  all cases  where a constable shall be entrusted with the
execution of  any process  for the  collection of  money, and  by
neglect of  duty shall fail to collect the same, by means whereof
the bail  or security of such constable shall be compelled to pay
the amount  of any  judgment shall  vest in the person paying, as
aforesaid, the  equitable interest  in  such  judgment,  and  the
amount due upon any such judgment may be collected in the name of
the plaintiff for the use of such person. Pamphlet Laws, 1828-29,
p. 370. Vide 2 Binn. R. 382, and Subrogation.

     SUBSTRACTION,  French  law.  The  act  of  taking  something
fraudulently;  it is generally applied to the taking of the goods
of the estate of a deceased person fraudulently. Vide Expilation.

    SUB-TENANT.  The  same  as  under-tenant.  See  Under-leaser;
Under-tenant, and 1 Bell's Com. 76.

   SUBTRACTION. The  act of  withhold ing  or detaining  anything
unlawfully.

  SUBTRACTION OP CONJUGAL RIGHTS. The act of a hushand or wife by
living separately  from the  other without  a lawful cause. 3 Bl.
Com. 94.

   SUCCESSION, in  Louisiana. The  right and  transmission of the
rights an  obligations of  the deceased  to his heirs. Succession
signifies also  the estate,  rights and  charges which  a  person
leaves after  his death, whether the property exceed the charges,
or the  charges exceed  the property, or whether he has left only
charges without  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 of the new charges to which it becomes
subject. Finally,  succession signifies  also that right by which
the beir can take possession of the estate of the de-ceased, such
as it may be.


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   2. There are three sorts of successions, to wit:  testamentary
succession;   legal succession;   and,  irregular succession.  1.
Testamentary  succession   is  that   which  results   from   the
constitution of  the heir,  contained in  a testament executed in
the form  prescribed by law. 2. Legal succession is that which is
established in favor of the nearest relations of the deceased. 3.
Irregular succession is 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, art. 867-874.

   3. The  lines of  a regular succession are divided into three,
which  rank   among  themselves  in  the  following  order:    1.
Descendants. 2.  Ascendants. 3.  Collaterals. See  Descent.  Vide
Poth. Traite  des Successions  lbid. Coutumes  d'Orleans, tit. 17
Ayl. Pand.  348;   Toull. liv.  3, tit.  1;  Domat, h. t.;  Merl.
Repert. h. t.

   SUCCESSION, com.  law. The  mode by  which one set of persons,
members of a corporation aggregate, acquire the rights of another
set which preceded them. This term in strictness is to be applied
only to such corporations. 2 Bl. Com. 430.

  SUCCESSOR. One who follows or comes into the place of another.

     2.  This  term  is  applied  more  particularly  to  a  sole
co6-oration, or  to  any  corporation.  The  word  beir  is  more
correctly applicable  to a  common person  who takes an estate by
descent. 12 Pick. R. 322;  Co. Litt. 8 b.

  3. It is also used to designate a person who has been appointed
or elected to some office, after another person.

   TO SUE.  To prosecute  or commence  legal proceedings  for the
purpose of recovering a right.

  SUFFRAGE, government. Vote;  the act of voting.

   2. The  right of  suffrage is given by the constitution of the
United States,  art. 1,  s. 2,  to the electors in each state, as
shall have  the qualifications requisite for electors of the most
numerous branch  of the  state legislature.  Vide 2  Story on the
Const. §578,  et seq.;   Amer.  Citiz. 201;   1  Bl. Com. 171;  2
Wils. Lect.  130;   Montesq. Esp.  des Lois,  Ii v.  11, c. 6;  1
Tucker's Bl. Com. App. 52, 3. See Division of opinion.

   SUFFRANCE. The  permitting a  tenant who  came in  by a lawful
title, to  remain after  his right  has expired.  Vide Estates at
suffrance.

   SUGGESTIO FALSI. A statement of a falsehood. This amounts to a
fraud when-ever  the party  making it  was bound  to disclose the
truth.

   2. The  following is  an example of a case where chancery will
interfere and.  set aside a contract as fraudulent, on account of
the suggestio  falsi:   a purchaser  applied  to  the  seller  to


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purchase a  lot of wild land, and represented to him it was worth
nothing, except  for a  sheep pasture,  when he  knew there was a
valuable mine  on the  lot, of which the seller was ignorant. The
sale was set aside. 2 Paige, 390;  4 Bouv. Inst. n. 3837, et seq.
Vide   Concealment;       Misrepresentation;      Representation;
Suppressio veri.

  SUGGESTION. In its literal sense this word signifies to inform,
to insin-uate,  to  instruct,  to  cause  to  be  remembered,  to
counsel.  In   practice  it   is  used  to  convey  the  idea  of
information;   as, the defendant suggests the death of one of the
plaintiffs. 2 Sell. Pr. 191.

   2. In  wills, when  suggestions are made to a testator for the
purpose of  procuring a  devise of  his property  in a particular
way, and  when such  suggestions are false, they generally amount
to a fraud. Bac. Ab. Wills, G 3;  5 Toull. n. 706.

   SUGGESTIVE INTERROGATION.  This phrase  has been  used by some
writers to  signify the same thing as leading question. (q. v.) 2
Benth. on  Ev. b.  3, c.  3. It  is used  in the French law. Vide
Question.

   SUI JURIS.  One who  has all  the rights to which a freemen is
entitled;  one who is not under the power of another, as a slave,
a minor, and the like.

   2. To make a valid contract, a person must, in general, be sui
juris. Every  one of  full age is presumed to be sui juris. Story
on Ag. p. 10.

   SUICIDE, crimes,  med. jur.  The act of malicious self-murder;
felo de se. (q. v.) 3 Man. Gran. & Scott, 437, 457, 458;  1 Hale,
P. C.. 441. But it has been decided in England that where a man's
life was  insured, and the policy contained a proviso that "every
policy effected  by a  person on  his or  her own  life should be
void, if such person should commit suicide, or die by duelling or
the hands  of justice,"  the terms  of the condition included all
acts of  voluntary self-destruction,  whether the  insured at the
time such  act was  committed, was or was not a moral responsible
agent. 3  Man. Gr.  & Scott,  437. In  New York it has been held,
that an insane person cannot commit suicide, because. such person
has no will. 4 Hill' 3 R. 75.

   2. It  is not  punishable it  is believed in any of the United
States, as  the unfortunate  object of this offence is beyond the
reach of  human tribunals,  and to  deprive  his  family  of  the
property he leaves would be unjust.

   3. In  cases of  sudden death,  it is  of great consequence to
ascertain, on  finding the  body, whether  the deceased  has been
murdered, died  suddenly of  a natural  death, or  whether he has
committed suicide.  By a  careful examination  of the position of
the body,  and of  the circumstances  attending  it,  it  can  be
generally ascertained whether the deceased committed suicide, was
murdered, or  died a natural death. But there are sometimes cases
of suicide  which can  scarcely be  distinguished from  those  of


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murder. A  case of  suicide  is  mentioned  by  Doctor  Devergie,
(Annales d'Hygiene, transcribed by Trebuchet, Jurisprudence de la
Medecine, p. 40,) which bears a striking analogy to a murder. The
individuul went  to the  cemetery of  Pere la Chaise, near Paris,
and with  a razor  inflicted a wound on himself immediately below
the os  hyoide;  the first blow penetrated eleven lines in depth;
a second,  in the  wound made by the first, pushed the instrument
to the depth of twenty-one lines;  a third extended as far as the
posterior of  the pharynx, cutting the muscles which attached the
tongue to  the oshyoide, and made a wound of two inches in depth.
Imagine an enormous wound, immediately under the chin, two inches
in depth,  and three  inches and three lines in width, and a foot
in circumference;  and then judge whether such wound could not be
easily mistaken as having been made by a stranger, and not by the
deceased. Vide  Death, and  1 Briand,  Med. Leg. 2e partie, c. 1,
art. 6.

   SUIT. An  action. The  word suit  in the  25th section  of the
judiciary act  of 1789,  applies to  any proceeding in a court of
justice, in  which the  plaintiff pursues,  in  such  court,  the
remedy  which   the  law   affords  him.  An  application  for  a
prohibition is  therefore a  suit. 2  Pet. 449.  According to the
code of  practice of  Louisiana, art.  96,  a  suit  is  a  real,
personal or mixed demand, made before a competent judge, by which
the parties  pray to obtain their rights, and a decision of their
disputes. In that acceptation, the words suit, process and cause,
are in  that state  almost synonymous. Vide Secta, and Steph. Pl.
427;   3 Bl. Com. 395;  Gilb. C. P. 48;  1 Chit. Pl. 399;  Wood's
Civ. Law,  b. 4, c. p. 315;  4 Mass. 263;  18 John. 14;  4 Watts,
R. 154;   3  Story, Const. §1719. In its most extended sense, the
word suit,  includes not only a civil action, but also a criminal
prosecution, as  indictment, information,  and a  conviction by a
magistrate. Ham. N. P. 270.

  SUITE. Those persons, who by his authority, follow or attend an
ambassador or other public minister.

   2. In  general the  suite of  a minister  are  protected  from
arrest, and  the inviolability  of his  person is communicated to
those who form his suite. Vattel, lib. 4, c. 9, §120. See 1 Dall.
177;  Baldw. 240;  and Ambassador.

   SUITOR. One  who is  a party to a suit or action in court. One
who is  a party  to an action. In its ancient sense, suitor meant
one Who  was bound  to attend  the county  court, also,  one  who
formed part of the secta. (q. v.)

   SULTAN. The title of the Turkish sovereign and other Mabometan
princes.

   SUMMARY PROCEEDINGS.  When cases  are-to be adjudged promptly,
without any  unnecessary form,  the proceedings  are said  to  be
summary.

  2. In no case can the party be tried summarily unless when such
proceedings are  authorized  by  legislative  autliority,  except
perhaps in  the cases  of contempts,  for the  common  law  is  a


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stranger to  such a  mode of  trial. 4 Bl. Com. 280;  20 Vin. Ab.
42;  Boscawen on Conv.;  Paley on Convict.;  vide Convictions.

  SUMMING UP, practice. The act of making a speech before a court
and jury,  after all the evidence has been heard, in favor of one
of the parties in the cause, is called summing up. When the judge
delivers his  charge to  the jury,  he is also said to sum up the
evidence in the case. 6 Harg. St. Tr. 832;  1 Chit. Cr. Law, 632.

   2. In  summing up,  the judge  should, with much precision and
clearness, state  the issues joined between the parties, and what
the jury  are required  to find,  either in  the  affirmative  or
negative. He  should then  state the substance of the plaintiff's
claim and  of the  defendant's ground  of defence, and so much of
the evidence  as is  adduced for  each party,  pointing out as he
proceeds, to  which particular  question or issue it respectively
applies, taking  care to  abstain as much as possible from giving
an opinion  as to  the facts. It is his duty clearly to state the
law arising  in the case in such terms as to leave no doubt as to
his meaning, both for the purpose of directing the jury, and with
a view  of correcting,  on a review of the case on a motion for a
new trial,  or on a writ of error, any error he may, in the hurry
of the trial, have committed. Vide 8 S. & R. 150;  1 S. & R. 515;
4 Rawle,  R. 100, 195, 356;  2 Penna. R. 27;  2 S. & R. 464. Vide
Charge;  Opinion, (Judgment.)

   TO SUMMON,  practice. The act by which a defendant is notified
by a  compepetent officer,  that an  action has  been  instituted
against him,  and that  he is  required to answer to it at a time
and place  named. This  is done  either by giving the defendant a
copy of  the summons,  or leaving it at his house;  or by reading
the summons to him.

  SUMMONERS. Petty officers who cite men to appear in any court.

   SUMMONS, practice.  The name of a writ commanding the sheriff,
or other authorized officer, to notify a party to appear in court
to answer  a complaint  made against  him and  in the  said  writ
specified, on a day therein mentioned. 21 Vin. Ab. 42 2 Sell. Pr.
356;  3 Bl. Com. 279.

   SUMMONS AND  SEVERANCE. Vide  Severance;   and 20 Vin. Ab. 51;
Bac. Ab. h. t.;  Archb. Civil Plead. 59.

   SUMMUM JUS.  Extreme right,  strict right.  It is  seldom that
extreme right  can be  administered without  the danger  of doing
injustice, for  extreme right  may produce  extreme wrong. Summum
jus, summa injuria.

   SUMPTUARY LAWS.  Those  relating  to  expenses,  and  made  to
restrain excess in apparel.

   2. In  the United States the expenses of every man are left to
his own good judgment, and not regulated by Arbitrary laws.

  SUNDAY. The first day of the week.


         Bouvier's Law Dictionary : S1 : Page 110 of 126


   2. In  some of the New England states it begins at sun setting
on Saturday, and ends at the same time the next day. But in other
parts of  the United  States, it  generally commences  at  twelve
o'clock on  the night  between Saturday  and Sunday,  and ends in
twenty-four hours  thereafter. 6,  Gill. &  John. 268;   and vide
Bac. Ab.  Heresy, &c. D;  Id. Sheriff, N 4;  1 Salk. 78;  1 Sell.
Pr. 12;   Hamm.  N. P.  140. The  Sabbath, the  Lord's  Day,  and
Sunday, all  mean the  same thing.  6 Gill.  & John.  268;  see 6
Watts, 231;  3 Watts, 56, 59.

   2. In  some states,  owing to  statutory provisions, contracts
made on  Sunday are  void;  6 Watts, R. 231;  Leigh, N. P. 14;  1
P. A.  Browne, 171;   5 B. & C. 406;  4 Bing. 84;  but in general
they are  binding, although  made on  that day,  if good in other
respects. 1  Crompt. & Jervis, 130;  3 Law Intell. 210;  Chit. on
Bills, 59;   Wright's  R. 764;,10  Mass. 312  1 Cowen, R. 76, n.;
Cowp. 640;   1 Bl. Rep. 499;  1 Str. 702;  see 8 Cowen, R. 27;  6
Penn. St. R. 417, 420.

  4. Sundays are computed in the time allowed for the performance
of an act, but if the last day happen to be a Sunday, it is to be
excluded, and  the act  must in general be performed on Saturday;
3 Penna. R. 201;  3 Chit. Pr. 110;  promissory notes and bills of
exchange, when  they fall  due on  Sunday, are gen-erally paid on
Saturday. See,  as to  the origin of keeping-Sunday as a holiday,
Neale's F.  & F.  Index, Lord's  day;   Story on Pr. Notes, §220;
Story on  Bills, §233;   2  Hill's N.  Y. Rep. 587;  2 Applet. R.
264.

  SUPER ALTUM MARE. Upon the high sea. Vide High Seas.

   SUPER VISUM CORPORE. Upon view of the body. When an inquest is
held over a body found dead, it must be super visum corpore. Vide
Coroner;  Inquest.

   SUPERCARGO, mar. law. A person specially employed by the owner
of a  cargo to  take charge  of the  merchandise which  has  been
shipped, to  sell it  to the  best  advantage,  and  to  purchase
returning  cargoes   and  to   receive  freight,  as  he  may  be
authorized.

   2. Supercargoes  have complete  control over  the  cargo,  and
everything which  immediately concerns it, unless their authority
is either  expressly or  impliedly restrained.  12 East,  R. 381.
Under certain  circumstances, they are responsible for the cargo;
4 Mass.  115;   see 1  Gill & John. 1;  but the supercargo has no
power to  interfere with the government of the ship. 3 Pardes. n.
646;  1 Boulay-Paty, Dr. Com. 421.

   SUPERFOETATION, med.  jur. The  conception of a second embryo,
during the  gestation of  the first, or the conception of a child
by a woman already pregnant with another, during the time of such
pregnancy.

   2. This  doctrine, though  doubted, seems to be established by
numerous cases.  Beck's Med. Jur. 193;  Cassan on Superfoetation;
New York  Medical Repository;   1 Briand, Med. Leg. prem. partie,
c. 3,  art. 4;   1 Fodere, Med. Leg. §299;  Buffon, Hist. Nat. de
l'Homme, Puberte.


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   SUPERFICIARIUS, civ.  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. This is not very different from the owner
of a lot on ground rent in Pennsylvania. Dig. 43, 18, 1 and 2.

  SUPERFICIES. A Latin word used among civilians. It signifies in
the edict  of the  praetor whatever has been erected on the soil,
quidquid solo  inoedificdtum est. Vide Dig. 43, tit. 18, 1. 1 and
2.

   SUPERIOR. One  who has  a right  to command;   one who holds a
superior rank;   as,  a soldier is bound to obey his superior. 2.
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. n. 1612.

   3. Of  courts, some  are supreme  or superior,  possessing  in
-general appellate  jurisdiction, either  by writ  of error or by
appeal;   3 Bouv.  Inst. n. 2527;  the others are called inferior
courts.

   SUPERNUMERARII, Rom.  civil law. From the reign of Constantine
to Justinian,  advocates were  divided into  two classes:    viz.
advocates in title, who were called statute, and supernumeraries.
The statutis  were inscribed  in the  mat-riculation  books,  and
formed a  part of  the college of advocates in each jurisdiction.
The supernumeraries  were not  attached to any bar in particular,
and could  reside where,  they pleased;   they  took the place of
advocates by  title, as  vacancies occurred  in that  body.  Code
Justin., de  adv. div.  jud. c. 3, 11, 13;  Calvini Lex, ad voc.;
also Statuti.

  SUPERSEDEAS, practice, actions. The name of a writ containing a
command to stay the proceedings at law.

   2. It  is granted on good cause shown that the party ought not
to proceed.  F. N. B. 236. There are some writs which though they
do  not   bear  this  name  have  the  effect  to  supersede  the
proceedings, namely,  a writ  of error,  when  bail  is  entered,
operates as a supersedeas, and a writ of certiorari to remove the
proceedings of an inferior into a superior court has, in general,
the same  effect. 8  Mod. 373;   1  Barnes, 260;  6 Binn. R. 461.
But, under  special circumstances,  the certiorari  has  not  the
effect  to  stay  the  proceedings,  particularly  where  summary
proceedings, as  to obtain  possession  under  the  landlord  and
tenant law,  are given  by statute. 6 Binn. R. 460;  1 Yeates, R.
49;  4 Dall. R. 214;  1 Ashm. R. 230;  Vide Vin. Ab. h. t.;  Bac.
Ab. h. t.;  Com. Dig. h. t.;  Yelv. R. 6, note.

   SUPERSTITIOUS USE,  English law. When lands, tenements, rents,
goods or  chattels are given, secured or appointed for and toward
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


         Bouvier's Law Dictionary : S1 : Page 112 of 126


any dead  man, in  such a  church or  elsewhere;    to  have  and
maintain perpetual  obits, lamps,  torches, &c.,  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. Ab. Charitable Uses and Mortmain,
D;  Duke on Char. Uses, 105;  6 Ves. 567;  4 Co. 104.

  2. In the United States, where all religious opinions are free,
and the  right to  exercise them  is secured  to  the  people,  a
bequest to  support a  catholic priest, aud perhaps certain other
uses in  England, would  not in  this country  be  considered  as
superstitious uses. 1 Pa. R. 49;  8 Penn. St. R. 327;  17 S. & R.
388;   1 Wash.  224. It  is not  easy to  see how  there can be a
supersti-tious use  in this  country, at least in the acceptation
of the British courts. 1 Watts, 224;  4 Bouv. Inst. n. 3985.

  SUPERVISOR. An overseer;  a surveyor.

   2. There  are officers  who bear this name whose duty it is to
take care of the highways.

   SUPPLEMENTAL. That which is added to a thing to complete it as
a supplemental  affidavit, which  is an  additional affidavit  to
make out a case;  a supplemental bill. (q. v.)

  SUPPLEMENTAL BILL, equity plead. A bill already filed to supply
some defect in the original bill. See Bill supplemental.

   SUPPLICAVIT, Eng.  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.
Com. 233;   vide  Vin. Ab. h, t.;  Com. Dig. Chancery, 4 R.;  Id.
Forcible Entry, D 16, 17.

   SUPPLICIUM, civil  law. A corporal punishment ordained by law;
the punishment  of death,  so called  because it was customary to
accompany the  guilty man  to the  place of  execution and  there
offer supplications for him.

   SUPPLIES, Eng.  Law.  Extraordinary  grants  to  the  king  by
parliament, to  supply the  exigencies of  the state. Jacob's Law
Dict. h. t.

   SUPPORT. The  right of  support is  an easement which one man,
either by contract or prescription, enjoys, to rest the joists or
timbers of  his house  upon the  wall of  an adjoining  building,
owned by  another person.  3 Kent,  Com. 435.  Vide Lois des Bat.
part. 1, c. 3, s. a. 1, §T;  Party wall.

  SUPPRESSIO VERI. Cocealment of truth.

  2. In general a suppression of the truth, when a party is bound
to disclose it, vitiates a contract. In the contract of insurance
a knowledge of the facts is required to enable the underwriter to
calculate the  chances and form a due estimate of the risk;  and,
in this  contract perhaps  more than  any other,  the parties are
required to represent every thing with fairness. 1 Bla. Rep. 594;
3 Burr. 1809.


         Bouvier's Law Dictionary : S1 : Page 113 of 126


   3. Suppressio  veri as  well as suggestio falsi is a ground to
rescind an agreement, or at least not to carry it into execution.
3 Atk.  383;   Prec. Ch.  138;  1 Fonb. Eq. c. 2, s. 8;  1 Ball &
Beatty, 241;  3 Munf. 232 1 Pet. 383;  2 Paige, 390 4 Bouv. Inst.
n. 3841. Vide Concealment;  Mis-representation;  Representationl:
Suggestio falsi.

   SUPRA PROTEST.  Under protest.  Vide Acceptance supra protest;
dcceptor supra protest;  Bills of Exchange.

  SUPREMACY. Sovereign dominion, authority, and preeminence;  the
highest state. In the United States, the supremacy resides in the
people, and is exercises by their constitutional representatives,
the president and congress. Vide Sovereignty.

   SUPREME. That  which is  superior to all other things;  as the
supreme power  of the  state, which  is  an  authority  over  all
others. The supreme court, which is superior to all other courts.

   SUPREME COURT.  The court  of the  highest jurisdiction in the
United States,  having appellate  jurisdiction over all the other
courts of  the United.  States, is  so  called.  Its  powers  are
examined under the article Courts of the United States.

   2. The  following list of the judges who have had seats on the
bench of this court is given for the purpose of reference:


Chief Justices.  John Jay, appointed September 26, 1789, resigned
in 1795.

John Rutledge, appointed July 1, 1795, resigned in 1796.

Oliver Ellsworth, appointed March 4, 1796, resigned in 1801.

John Marshall, appointed January 31, 1801, died July 6, 1835.

Roger B. Taney, appointed March 15, 1836. Associate Justices.

William Cushing, appointed September 27, 1789, died in 1811.

James Wilson, appoiuted September 29, 1789, died in 1798.

John Blair, appointed September 30, 1789, died in 1796.

James Iredell, appointed February 10, 1790, died in 1799.

Thomas Johnson, appointed November 7, 1791, resigned in 1793.

William Patterson, appointed March 4, 1793, in the place of Judge
Johnson, died in 1806.

Samuel Chase,  appointed January  7, 1796,  in the place of Judge
Blair, died in 1811.

Bushrod Washington,  appointed December  20,1798, in the place of
Judge Wilson, died November 26, 1829.

Alfred Moore,  appointed December  10, 1799 in the place of Judge
Iredell, resigned in 1864.

William Johnson,  appointed March  6, 1804, in the place of Judge
Moore, died in 1835.

Brockholst Livingston,  appointed November 10, 1806, in the place
of Judge Patterson, died in 1823.

Thomas Todd,  appointed March  3, 1807, under the act of congress
of February,  1807, providing  for an additional justice, died in
1826.


         Bouvier's Law Dictionary : S1 : Page 114 of 126


Gabriel Duval, appointed November 18, 1811, in the place of Judge
Chase, resigned in January, 1835.

Joseph Story,  appointed November 18, 1811, in the place of Judge
Cushing.

Smith Thompson, appointed December 9, 1823, in the place of Judge
Livingston, deceased.

Robert Trimble,  appointed May  9, 1826,  in the  place of  Judge
Todd, died in 1829.

John McLean, appointed March 1829, in the place of Judge Trimble,
deceased.

Henry Baldwin,  appointed January  1830, in  the place  of  Judge
Washington, deceased.

James M.  Wayne, appointed January 9, 1835, in the place of Judge
Johnson, deceased.

Philip P.  Barbour,  appointed  March  15,  1836,  died  February
25,1841.

John Catron,  appointed March  8, 1837, under the act of congress
providing for two additional judges.

John McKinley,  appointed September  25,  1837,  under  the  last
mentioned act.

Peter V.  Daniel, appointed  March 3, 1841, in the place of Judge
Barbour, deceased.

Samuel Nelson, appointed February 14, 1845, in the place of Judge
Thompson, deceased.

Levi Woodbury,  appointed September  20, 1845,  in the  recess of
senate, in  the place  of Judge  Story, deceased:  his nomination
confirmed January 3, 1846.

Robert C.  Grier, appointed August 4, 1846, in the place of Judge
Baldwin, deceased.

Benj. Robbins  Curtis, appointed  1851,  in  the  recess  of  the
senate, in the place of Judge Woodbury, deceased:  his nomination
confirmed

The present judges of the supreme court are,

Chief Justice.  Roger B.  Taney. Associate Justices. John McLean,
James M.  Wayne, John  Catron, John  McKinley, Peter  V.  Daniel,
Samuel Nelson, Robert C. Grier, and B. Robbins Curtis.


   3. In the several states there are also supreme courts;  their
powers aud  jurisdiction will  be found  under the  names of  the
several states.

   SUR. A  French word  which signifies  upon,  on.  It  is  very
frequently used  in connexion  with other  words as,  sur rule to
take deposition, sur trover and conversion, and the like.

   SUR CUI  ANTE DIVORTIUM. The name of a writ issued in favor of
the heir  of the  wife, where  the hushand  alienated the  wife's
lands, during  the coverture,  and afterwards  they were divorced
and she  died, to  recover the  lands from  the alienee. Vide Cui
ante divortium.

   SURCHARGE, chancery  practice. When a bill is filed to open an
account, stated,  liberty is  sometimes given to the plaintiff to
surcharge and  falsify such account. That is, to examine not only
errors of fact, but errors of law. 2 Atk. 112;  11 Wheat. 237;  2
Ves. 565.

   2. "These terms, `surcharge,' and `falsify,'" says Mr. Justice


         Bouvier's Law Dictionary : S1 : Page 115 of 126


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

   SURETY, contracts.  A person who binds himself for the payment
of a  sum of  money or for the performance of something else, for
another, who is already bound for the same. A surety differs from
a guarantor,  and the  latter cannot  be sued  until after a suit
against the principal. 10 Watts, 258.

   2. The  surety differs  from bail  in this,  that  the  latter
actually has,  or is  by law presumed to have, the custody of his
principal, while the former has no control over him. The bail may
surrender his  principal in  discharge of  his obligation;    the
surety cannot be discharged by such surrender.

   3. In  Pennsylvania it  has been  decided that the creditor is
bound to  sue the principal when requested by the surety, and the
debt is  due;  and that when proper notice is given by the surety
that unless  the principal  be sued,  be  will  consider  himself
discharged, he  will be  so considered,  unless the  principal be
sued. 8  Serg. & Rawle, 116;  15 Serg. & Rawle, 29, 30;  S. P. in
Alabama, 9  Porter, R.  409. But in general a creditor may resort
to the  surety for  the payment  of his  debt in the first place,
without applying  to the principal. 1 Watts, 28O;  7 Ham. part 1,
223. Vide  Bouv. Inst.  Index, h.  t.;  Contribution;  Contracts;
Suretyship.

  SURETY OF THE PEACE, crim. law. A security entered into before.
Some competent  court or  officer, by  a party  accused, together
with some  other person,  in the  form  of  recognizance  to  the
commonwealth in  a certain  sum of  money, with, a condition that
the accused  shall keep the peace towards all the citizens of the
commonwealth.  A   security  for  good  behaviour  is  a  similar
recognizance with  a condition  that the accused shall be of good
behaviour.


         Bouvier's Law Dictionary : S1 : Page 116 of 126


   2. This  security may be demanded by a court or officer having
jurisdiction from  all persons  who threatened  to  kill  or  to,
injure others,  or who  by their acts give reason to believe they
will commit  a breach of the peace. And even after an acquittal a
prisoner may  be required  to give  scourity of the peace or good
behaviour, when  the circumstances of the case justify a court in
believing the  public good requires it. 2 Yeates, R. 437 Bac. Ab.
h. t.;   1  Binn. R. 98, note;  Com. Dig. h. t.;  Yin. Ab. h. t.;
Bl. Com. B. 4, c. 18, p. 251.

   3. To  obtain surety to keep the peace, the party requiring it
must swear or affirm be fears a present or future danger, and not
merely swear  or affirm  to a  breach of the peace which is past;
it is  usual, however,  to state  such  injuries,  and  when  the
circumstances warrant  it, a  threat of  their repetition,  as  a
legitimate ground  for fearing  future injury,  which  fear  must
always be stated. 1 Chit. Pr. 677.

   4. A  recognizance to  keep the  peace is forfeited only by an
actual attack  or threat  of bodily harm, or burning a house, and
the like,  but not  by bare  words Of h an choler. Hawk. h. 1, c.
60, s. 2. Vide Good Behaviour.

  SURETYSHIP, contracts. An accessory agreement by which a person
binds himself  for another  already bound,  either in whole or in
part, as for his debt, default or miscarriage.

   2. The  person undertaken  for must  be liable  as well as the
person giving  the promise,  for otherwise the promise would be a
principal and not a collateral agreement, and the promissor would
be liable  in the  first instanee;   for example, a married woman
would. Not be liable upon her contract, and the person who should
become surety  for  her  that  she  would  perform  it  would  be
responsi-ble as a principal and not as a surety. Pitm. on P. & S.
13;   Burge on  Sur. 6;  Poth. Ob. n. 306. If a Person undertakes
as a  surety when  he knows  the obligation,  of the principal is
void, he becomes a principal:  2 Id. Raym. 1066;  1 Burr. 373.

   3. As  the contract  of suretyship  must relate  to  the  same
subject as  the principal obligation, it follows that it must not
be of greater extent or more onerous' either in its amount, or in
the time  or manner, or place of performance, than such principal
obligation;   and if  it so  exceed, ii  will be void, as to such
excess. But  the obligation  of the  surety may  be less onerous,
both in  its amount,  and in  the time,  place and  manner of its
performance, that  of the principal debtor;  it may be for a less
amount, or the time may be more protracted. Burge, on Sur. 4, 5.

   4. The  contract of  suretyship may  be entered  into  by  all
persons who  are sui  juris, and  capable of  entering into other
contracts. See Parties to contracts.

   5. It  must be  made  upon  a  sufficient  consideration.  See
Consideration.


         Bouvier's Law Dictionary : S1 : Page 117 of 126


   6. The  contract of suretyship or guaranty, requires a present
agreement between  the contracting  parties;   and care  must  be
taken to  observe the distinction between an actual guaranty, and
an offer to guaranty at a future time;  when an offer is made, it
must be  accepted before  it becomes  binding. 1  M. & S. 557;  2
Stark. 371;  Cr. M. & Ros. 692.

  7. Where the statute of frauds, 29 Car. II., c. 3, is in force,
or its  principles have  been adopted, the contract of suretyship
"to answer  for the  debt,  default  or  miscarriage  of  another
person," must be in writing, &c.

   8. The  contract  of  suretyship  is  discharged  and  becomes
extinct, 1st.  Either by the terms of the contract itself. 2d. By
the acts  to which  both the  credi-tor and  principal alone  are
parties. 3d.  By the  acts of the creditor and sure-ties. 4th. By
fraud. 5th. By operation of law.

   9. -  §1. When by his contract the surety limits the period of
time for  which he  is willing  to be responsible, it is clear he
cannot be  beld liable  for a  longer period;  as when he engages
that an  officer who is elected annually shall faithfully perform
his duty  during his  continuance in office;  his obligation does
not extend  for the  performance of  his duty by the same officer
who may  be elected  for a second year. Burge on Sur. 63, 113;  1
McCord, 41;   2 Campb. 39;  3 Ad. & Ell. N. S. 276;  2 Saund. 411
a;  6 East, 512;  2 M. & S. 370;  New R. (5 B. & P.) 180;  2 M. &
S. 363;  9 Moore, 102.

   10. -  §2. The  contract  of  suretyship  becomes  extinct  or
discharged by  the acts  of the  principal and  of  the  creditor
without any  act of  the surety. This may be done, 1. By payment,
by the  principal. 2.  By release  of the principal. 3. By tender
made by principal to the creditor. 4. By compromise. 5. By accord
and satisfaction.  6.  By  novation.  7.  By  delegation.  8.  By
set-off. 9. By alteration of the contract.

   11. -  1. When  the principal  makes payment, the sureties are
immediately  dis-  charged,  because  the  obligation  no  longer
exists. But  as payment  is the  act of  two parties,  the  party
tendering the debt and the party receiving it, the money or thing
due must  be accepted.  7 Pick 88;  4 Pick. 83;  8 Pick. 122. See
Payment.

   12. -  2. As  the release  of  the  principal  discharges  the
obligation, the surety is also discharged by it.

   13. -  3. A  lawful  tender  made  by  the  principal  or  his
authorized agent,  to the  creditor or his authorized agent, will
discharge the surety. See. 2 Blackf. 87;  1 Rawle, 408;  2 Fairf.
475;  13 Pet. 136.

   14. -  4. When the creditor and principal make a compromise by
which the principal is discharged, the surety is also discharged.
11 Ves. 420;  3 Bro. C. C. 1;  Addis. on Contr. 443.


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   15. - 5. Accord and satisfaction between the principal and the
creditor  will  discharge  the  surety,  as  by  that  the  whole
obligation becomes extinct. See Accord and satisfaction.

   16. - 6. It is evident that a simple novation, or the making a
new contract  and annulling  the old, must, by the destruction of
the obligation, discharge the surety.

   17. -  7. An absolute delegation, where the principal procures
another person to assume the payment upon condition that he shall
be discharged,  will have the effect to discharge the surety. See
Delegation.

   18. -  8. When  the principal  has a just set-off to the whole
claim of the creditor, the surety is discharged.

  19. - 9. If the principal and creditor change the nature of the
contract, so  that it  is no  longer the same, the surety will be
discharged;   and even extending the time of payment, without the
consent of the surety, when the agreement to give time is founded
upon a  valuable consideration,  is such  an  alteration  of  the
contract as discharges the surety. See Giving Time.

   20. -  §3. The  contract is  discharged by  the  acts  of  the
creditor and  surety, 1.  By payment  made by  the surety.  2. By
release of  the surety  by the creditor. 3. By compromise between
them. 4. By accord and satisfaction. 5. By set off.

   21. -  §4. Fraud by the creditor in relation to the obligation
of the  surety, or  by the debtor with the knowledge or assent of
the creditor,  will discharge the liability of the surety. 3 B. &
C. 605;  S. C. 6 Dowl. & Ry. 505;  6 Bing. N. C. 142.

  22. - §5. The contract of suretyship is discharged by operation
of law,  1. By  confusion. -  2.  prescription,  or  the  act  of
limitations. 3. By bankruptcy.

   23. - 1. The contract of suretyship is discharged by confusion
or merger  of rights;  as, where the obligee marries the obligor.
Burge on Sur. 256;  2 Ves. p. 264;  1 Salk. 306;  Cro. Car. 551.

   24. -  2. The  act of limitations or prescription is a perfect
bar to  a recovery  against a surety, after a sufficient lapse of
time, when the creditor was sui juris and of a capacity to sue.

   25. -  3. The discharge of the surety under the bankrupt laws,
will put  an end  to his liability, unless otherwise provided for
in the law.

   26. The  surety  has  the  right  to  pay  and  discharge  the
obligation the  moment the  principal is  in  default,  and  have
immediate recourse  to his  principal. He  need not  wait for the
commencement of  an action, or the issue of legal process, but he
cannot accelerate  the liability of the principal, and if he pays
money voluntarily  before the  time of  payment arrives,  he will
have no  cause of action until such time, or if he pays after the
principal obligation  has been  discharged, when  he was under no
obligation to pay, he has no ground of action,.


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  27. Co-sureties are in general bound in solido to pay the debt,
when the  principal fails,  and if  one be  compelled to  pay the
whole, he may demand contribution from the rest, and recover from
them their  several proportions  of their  common liability in an
action for  money paid  by him to their use. 6 Ves. 807;  12 M. &
W. 421  8 M.  & W.  589;   4 Scott, N. S. 429. See, generally, 15
East, R.  617;   Yelv. 47  n.;  20 Vin. Ab. 101;  1 Supp. to Ves.
jr. 220,  498, 9;  Ayliffe's Pand. 559;  Poth. Obl. part 2, c. 6;
1 Bell's Com. 350, 5th ed.;  Git-ing time;  Principal;  Surety.

   SURGERY, med.  jur. That part of the healing art which relates
to external  diseases;   their treatment;  and, specially, to the
manual operations adopted for their cure.

   2. Every  lawyer should  have some  acquaintance with surgery;
his knowledge  on this  subject will  be found useful in cases of
homicide and wounds.

   SURNAME. A  name which  is added  to the  christian name,  and
which, in modern times, have become family names.

   2. They  are called  surnames, because  originally  they  were
written over  the name  in judicial  writings and contracts. They
were and are still used for the purpose of distinguishing persons
of the  same name. They were taken from something attached to the
persons assuming  them, as  John Carpenter,  Joseph Black, Samuel
Little, &c. See Name.

   SURPLUS. That  which is  left  from  a  fund  which  has  been
appropriated for a particular purpose;  the remainder of a thing;
the overplus the residue. (q. v.) See 18 Ves. 466.

  2. The following is an example of a surplus;  if a thing be put
in pledge  as a  security to  pay one  hundred dollars, and it be
afterwards sold  for one  hundred and  fifty dollars,  the  fifty
dollars will  be the  surplus. Wolff,  Inst. §697.  See Overplus;
Residue.

   SURPLUSAGE, pleading.  A superfluous  and useless statement of
matter wholly foreign and impertinent to the cause.

   2. In  general surplusagium  non nocet, according to the maxim
utile per  inutile non  vitiatur;   therefore if  a  man  in  his
declaration, plea,  &c., make  mention of a thing which need, not
be stated,  but the  matter set forth is grammatically right, and
perfectly sensible,  no advantage  can be taken on demurrer. Com.
Dig. Pleader, C 28, E 2;  1 Salk. 325;  4 East, 400;  Gilb. C. P.
131;   Bac. Ab. Pleas, 1, 4;  Co. Litt. 303, b;  2 Saund. 306, n.
14;   5 East  444;   1 Chit.  Pl. 282;  Lawes on Pl. 63;  7 John.
462;  3 Day, 472;  2 Mass. R. 283;  13 John. 80.

   3. When,  by an  unnecessary allegation the plaintiff shows he
has no  cause of  action, the  defendant  may  demur.  Com.  Dig.
Pleader, c. 29;  Bac. Ab. Pleas, 1, 4;  see 2 East, 451;  4 East,
400;   Dougl. 667;  2 Bl. Rep. 842;  3 Cranch, 193;  2 Dall. 300;
1 Wash. R. 257.


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  4. When the surplusage is not grammatically set right, or it is
unintelligible and,  no sense  at all  can be  given it, or it be
contradictory  or  repugnant  to  what  is  before  alleged,  the
adversary may  take advantage of it on special demurrer. Gilb. C.
P. 132;  Lewes on Pl. 64.

   5. When  a party alleges a material matter with an unnecessary
detail of  circumstances, and  the  essential  and  non-essential
parts of  a statement are, in their nature, so connected as to be
incapable of separation, the opposite party may include under his
traverse the  whole matter  alleged. And  as it is an established
rule that  the evidence  must correspond with the allegations, it
follows that  the party  who has  thus pleaded  such unnecessarly
matter will  be required  to prove it, and thus he is required to
sustain an  increased burden  of proof, and incurs greater danger
of failure at the trial. For example, if in justifying the taking
of cattle  damage feasant,  in which  case it  is  sufficient  to
allege that  they were  doing damage  to his  freehold, he should
state a seisin in fee, which is traversed, be must prove a seisin
in fee.  Dyer, 365;   2 Saund. 206, a, note 22 Steph. on Pl. 261,
262;   1 Smith's Lead. Cas. 328, note;  1 Greenl. Ev. §51 1 Chit.
Pl. 524, 525;  U. S. Dig. Pleading, VII. c.

   SURPLUSAGE, accounts.  A greater dishursement than the charges
of the accountant amount to.

   SURPRISE. This term is frequently used in courts of equity and
by writers on equity jurisprudence. It signifies 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  Bro. Ch. R. 150;  1 Story, Eq. Jur. §120, note. Mr.
Jeremy, Eq.  Jur. 366, seems to think that the word surprise is a
technical expression,  and nearly  synonymous. with  fraud.  Page
383, note.  It is sometimes, used in this sense when it is deemed
presumptive of, or approaching to fraud. 1 Fonbl. Eq. 123 3 Chan.
Cas. 56,  74, 103,  114. Vide  6 Ves. R. 327, 338;  2 Bro. Ch. R.
826;  16 Ves. R. 81, 86, 87;  1 Cox, R. 340;  2 Harr. Dig. 92.

   2. In  practice, by  surprise is  understood that situation in
which a  party is  placed, without  any default of his own, which
will be,  injurious to  his interest.  8 N.  AS. 407.  The courts
always do  everything in  their power to relieve a party from the
effects of  a surprise, when he has been diligent in endeavouring
to avoid it. 1 Clarke's R. 162;  3 Bouv. Inst. n. 3285.

     SURREBUTTER,  pleading.   The  plaintiff's   answer  to  the
defendant's rebutter  is  governed  by  the  same  rules  as  the
replication. (q. v.) Vide 6 Com. Dig. 185;  7 Com. Dig. 389

     SUBREJOINDER,  pleading.   The  plaintiff's  answer  to  the
defendant's rejoinder.  It is  governed in  every respect  by the
same rules  as the  replication. (q.  v.) Steph.  Pl. 77;  Arch.,
Civ. Pl. 284;  7 Com. Dig. 389.


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   SURRENDER, estates,  conveyancing. A  yielding up of an estate
for 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, b.

   2. A  surrender is of a nature directly opposite to a release;
for, as the latter operates by the greater estate descending upon
the less,  the former  is the  falling of  a less  estate into  a
greater, by  deed. A  surrender immediately divests the estate of
the surrenderer,  aud vests  it in  the surrenderee, even without
the assent (q. v.) of the latter. Touchs. 300, 301.

   3. The  technical and  proper words  of this  conveyance  are,
surrender and  yield up;   but  any form  of words;  by which the
intention.  of  the  parties  is  sufficiently  manifested,  will
operate as  a surrender, Perk. §607;  1 Term Rep. 441;  Com. Dig.
Surrender, A.

   4. The surrender may be express or implied. The latter is when
an estate,  incompatible with the existing estate, is accepted or
the lessee  takes a  new lease  of the same lands. 16 Johns. Rep.
28;   2 Wils.  26;  1 Barn. & A. 50;  2 Barn. & A. 119;  5 Taunt.
518, and  see 6  East, R. 86;  9 Barn. & Cr. 288 7 Watts, R. 128.
Vide, generally,  Cruise, Dig.  tit. 32,  c. 7;  Com. Dig. h. t.;
Vin. Ab. h. t.;  4 Kent, Com. 102;  Nels. Ab. h. t.;  Rolle's Ab.
h. t. 11 East, R. 317, n.

  5. The deed or instrument by which a surrender is made, is also
called a surrender. For the law of presumption of surrenders, see
Math. on Pres. ch. 13, p. 236;  Addis. on Contr. 658-661.

  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.   Vide  Extradition;
Fugitives from justice.

  SURRENDEREE. One to whom a surrender has been made.

   SURRENDEROR. One  who makes  a surren der;  as when the tenant
gives up  the estate  and cancels his lease before the expiration
of the term;  one who yields up a freehold estate for the purpose
of conveying it.

   SURREPTITIOUS. That  which is  done in  a fraudulent  stealthy
manner.

  SURROGATE. In some of the states, as in New Jersey, this is the
name of  an officer  who has  jurisdiction  in  granting  letters
testamentary and letters of administration.

   2. In  some states, as in Pennsylvania, this officer is called
register of  wills and for granting letters, of administration in
others, as in Massachusetts, he is called judge of probates.

   SURVEY, The  act by  which the  quantity of a piece of land is
ascertained;   the paper  containing a  statement of the courses,
distances, and quantity of land, is also called a survey.


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  2. A survey made by authority of law and duly returned into the
land office, is a matter of record, and of equal dignity with the
patent. 3  Marsh. 226;  2 J. J. Marsh, 160. See 3 Greenleaf, 126;
5 Greenleaf, 24;  14 Mass. 149 1 Harr. & John. 20 1 1 Overt. 199;
1 Dev. & Bat. 76.

   3. By  survey is also understood an examination;  as, a survey
has been  made of  your house, and now the insurance company will
insure it.

  SURVIVOR. The longest liver of two or more persons.

   2. In crises of partnership, the surviving partner is entitled
to have  all the effects of the partnership, and, is bound to pay
all the  debts owing  by the  firm. Gow on Partn. 157;  Watson on
Partn. 364.  He is,  however, bound to account for the surplus to
the representatives  of his deceased partners, agreeably to their
respective rights.

   3. A surviving trustee is generally vested with all the powers
of  all   the  trustees,   and  the  surviving  administrator  is
authorized to  act  for  the  estate  as  if  he  had  been  sole
administrator. As to the presumption of survivorship, when two or
more persons  have perished  by the  same event, see Civ. Code of
Lo. art.  930 to 933 and vide Death;  Cro. Eliz. 503;  1 Bl. Rep.
610 2  Phill. Rep. 261;  S. C. 1 Eccles. Reports, 250;  Fearne on
Rem. iv.;   Poth.  on Obli. by Evans, vol. 2, p. 346;  8 Ves. 10;
14 Ves.  578 17 Ves. 482;  6 Taunt. 213;  Cowp. 257;  5 Ves. 485.
Vide, generally,  2 Fonbl. Eq. 102;  8 Vin. Ab. 323;  20 Vin. Ab.
146;  8 Com. Dig. 475, 594;  1 Suppl. to Ves. jun. 115, 186, 407,
8, 2  Suppl. to  Ves. jun. 47, 296, 340, 391,477;  1 Fodere, Med.
Leg. §424-483.

   4. The  right of  survivorship among  joint-tenants  has  been
abolished, except  as to  estates beld in trust, in Pennsylvania,
New  York,  Kentucky,  Virginia,  Indiana,  Missouri,  Tennessee,
Alabama, Georgia,  North and  South  Carolina.  Vide  Estates  in
Joint-tenancy. In  Connecticut it  never existed.  1 Swift's Dig.
102 see 1 Hill. Ab. 440. As to survivorship among legatees, see 1
Turn. &  R. 413;   1  Br. C.  C. 574;   3  Russ. 217.  See Death;
Estates in Joint-tenancy;  Joint-tenants;  Partnership.

   SUS' PER COLL', EngI. law. In the English practice, a calendar
is made  out of  attainted criminals,  and the  judge  signs  the
calendar with their separate judgments in the margin. In the case
of a  capital felony. it is written opposite the prisoner's name,
"let him be hanged by the neck," which, when the proceedings were
in Latin,  was, "suspendatur  per collum," or, in the abbreviated
form, "sus' per coll'." 4 Bl. Comm. 403.

  SUSPENDER, Scotch law. He in whose favor a suspension is made.

   2. In  general a  suspender is required to give caution to pay
the debt  in the event it shall be found due. Where the suspender
cannot,  from   his  low  or  sus-pected  circumstances,  procure


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unquestionable security,  the lords admit jura-tory caution;  but
the reasons of suspension are in that case, to be considered with
particular accuracy  at passing  the bill.  Act. S.  8 Nov. 1682;
Ersk. Prin. L. Scot. 4, 3, 6.

   SUSPENSE. When a rent, profit a prendre, and the like, are, in
consequence of  the unity  of possession of the rent, &c., 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. 313 a.

   SUSPENSION. A  temporary stop  of a  right, of  a law, and the
like.

   2. In  times of  war the  habeas corpus act maybe suspended by
lawful authority.

   3. There may be a suspension of an officer's duties or powers,
when he is charged with crimes. Wood's Inst. 510.

     4.  Suspension  of  a  right  in  an  estate  is  a  partial
extinguishment, or  an extinguishment for a time. It differs from
an extinguishment in this. A suspended right may be revived;  one
extinguished is absolutely dead. Bac. Ab. Extinguishment, A.

   5. The  suspension of a statute for a limited time operates so
as to  prevent its  operation for  the time,  but it hits not the
effect of a repeal. 3 Dall. 365.

  SUSPENSION, Scotch law. That form of law by which the effect of
a sentence-condemnatory,  that has not yet received execution, is
stayed or  postponed, till  the cause  be again considered. Ersk.
Prin. L. Scotl. 4, 3, 5. Suspension is competent also, even where
there is  no decree,  for putting  a  stop  to  any  illegal  act
whatsoever. Id. 4, 3, 7.

   2. Letters  of suspension  bear the  form of  a summons, which
contains a warrant to cite the charger, Ib.

   SUSPENSION, eccl.  law. An  ecclesiastical censure, by which a
spiritual person  is  either  interdicted  tho  exercise  of  his
ecclesiastical function,  or hin-dered 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.
Parerg. 501.

  SUSPENSION OF ARMS. An agreement between belligerents, made for
a short  time or  for a  particular place,  to cease  hostilities
between them. See Armistice. Truce.

   SUSPENSION OF A RIGHT. The act by which a party is deprived of
the exercise of his right, for a time.

   2. When a right is suspended by operation of law, the right is
revived the  moment the  bar is  removed;   but when the right is
suspended by  the act  of the  party, it  is gone  forever. See 1
Roll. Ab. tit. Extinguishment, L, M.


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   SUBPENSIVE CONDITION. One which prevents a contract from going
into operation  until it  has been fulfilled;  as if I promise to
pay you  one thousand  dollars on  condition that the ship Thomas
Jefferson shall  arrive from  Havre, the  contract  is  suspended
until the arrival of the ship. 1 Bouv. Inst. n. 731.

  SUSPICION. A belief to the disadvantage of another, accompanied
by a doubt.

  2. Without proof, suspicion, of itself, is evidence of nothing.
When a crime has been committed, an arrest may be made when, 1st.
There are  such circumstances  as induce  a strong presumption of
guilt;   as being  found in  possession of goods recently stolen,
without  giving   a  probable  account  of  having  obtained  the
possession honestly. 2d. The absconding of the party accused. 3d.
Being found  in company  of known  offenders. 4th. Living an idle
disorderly life,  without any  apparent means of support. In such
cases the arrest must be made as in other cases. Vide 20 Vin. Ab.
150;  4 Bl. Com. 290.

  SUTLER. A man whose employment is to sell provisions aud liquor
to a camp.

   2. By  the articles of war, art. 29, no sutler is permitted to
sell any kind of liquor or victuals, or to keep his house or shop
open for  the entertainment  of soldiers, after nine at night, or
before the  beating of  the reveillee,  or  upon  Sundays  during
divine service  or sermon,  on penalty  of  being  dismissed  all
future sutling.  And by art. 60, all sutlers are to be subject to
orders according to the rules and discipline of war.

   SWAINMOTE COURT,  Engl. law.  The court  within the  forest to
which all  the freeholders  owe suit and service. Bac. Ab. Courts
of the Forest, 2.

   TO SWEAR.  To take  an  oath,  judicially  administered.  Vide
Affirmation;  Oath.

   2. To  swear also signifies to use such profane language as is
forbidden  by  law.  This  is  generally  punished  by  statutory
provisions in the several states.

   SWINDLER, criminal  law. A  cheat;   one guilty  of defrauding
divers persons.  1 Term  Rep. 748;  2 H. Blackst. 531;  Stark. on
Sland. 135.

   2. Swindling  is usually  applied to  a transaction, where the
guilty party  procures the  delivery to  him, under  a  pretended
contract, of the personal property of another, with the felonious
design of  appropriating it  to his  own use. 2 Russel on Crimes,
130;  Alison, Prine. Cr. Law of Scotland, 250;  Mass. 406.

   SYMBOL. A  sign;   a token;   a representation of one thing by
another.


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   2. A  symbolical delivery is equivalent, in many cases, in its
legal effects, to actual delivery;  as, for example, the delivery
of the  keys of  a warehouse  in which  goods are deposited, is a
delivery sufficient  to transfer  the property.  1 Atk.  171;   5
John. 335;   2 T. R. 462;  7 T. R. 71;  2 Campb. 243;  1 East, R.
194;  3 Caines, 182;  1 Esp. 598;  3 B. & C. 423.

  SYNALLAGMATIC CONTRACT, civil law. A synallagmatic or bilateral
contract is  one by  which each  of the contracting parties binds
himself to  the other;   such  are the contracts of sale, hiring,
&c. Poth. Ob. n. 9. Vide Contract.

   SYNDIC. A  term used  in the  French law, which answers in one
sense to  our word  assignee, when  applied to  the management of
bankrupts' estates;   it  has also  a more extensive meaning;  in
companies and  communities, syndics  are they  who are  chosen to
conduct the  affairs and  attend to  the  concerns  of  the  body
corporate or  community;   and in that sense the word corresponds
to director  or manager.  Rodman's Notes to Code. de Com. p. 351;
Civ. Code of Louis. art. 429;  Dict. de Jurisp. art. Syndic.

   SYNGRAPH. A  deed, bond, or other instrument of writing, under
the band  and seal  of all  the parties. It was so called because
the parties wrote together.

  2. Formerly such writings were attested by the subscription and
crosses of  the witnesses;   afterwards,  to prevent  frauds  and
concealmenta, they  made deeds of mutual covenant in a script and
rescript, or in a part and counterpart, and in the middle between
the two  copies they  wrote the word syngraphus in large letters,
which being cut through the parchment, and one being delivered to
each party,  on  being  afterwards  put  together,  proved  their
authenticity.

  3. Deeds thus made were denominates syngraphs by the canonists,
and by  the common  lawyers chirographs.  (q. v.)  2 Blackstone's
Commentaries, 296.

  SYNOD. An ecclesiastical assembly.


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