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A | B | C | D | E | F | G | H | I | J | K | L | M | N | O | P | Q | R | S | T | U | V | W | X | Y | Z 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 deriv SACQUIER , maritime law. The same of an ancient officer, whose business "was to load and unload vessels laden with salt SACRAMENTUM . An oath; as, qui dicunt supra sacramentum suum. SACRILEGE . The act of stealing from the temples or churches dedicated to the worship of God, articles consecrated to di SAEVETIA . Cruelty. (q. v.) It is required in order to constitute saevetia that there should exist such a degree of cru SAFE PLEDGE, salvus-plegius. A surety given that a man shall appear upon a certain day. Bract. lib. 4, c. 1. SAFE-CONDUCT, comm. law, war. A passport or permission from a neutral state to persons who are thus authorized to go and ret SAID. Before mentioned. 2. In contracts and pleadings it is usual and proper when it is desired to speak of a pers SAILING INSTRUCTIONS, mar. law. Written or printed directions, delivered by the commanding officer of a convoy to the several master 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 c SAISIE-FORAINE. A term used in Louisiana and in the French law; this is a permission given by the proper judicial officer, to SAISIE-GAGERIE, French law. A conservatory act of execution, by which the owner, or principal lessor of a house or farm, cause SAISIE-IMMOBILIERE. A writ by which the creditor puts in the custody of the law the immovables of his debtor, that out of the proc SALARY. A reward or recompense for services performed. 2. It is usually applied to the reward paid to a public offic SALE AND RETURN. When goods are sent from a manufacturer or wholesale dealer to a retail trader, in the hope that he may purcha SALE NOTE. A memorandum given by a broker to a seller or buyer of goods, stating the fact that certain goods have been so SALE, contracts. An agreement by which one of the contracting parties, called the seller, gives a thing and passes t SALIQUE LAW. The name of a code of laws so called from the Salians, a people of Germany, who settled in Gaul under their ki SALVAGE CHARGES. The expenses incurred to remunerate services rendered to a ship and cargo, which have prevented its being a to SALVAGE LOSS. By salvage loss is understood the difference between the amount of salvage, after deducting the charges, and t SALVAGE, maritime law. This term originally meant the thing or goods saved from shipwreck or other loss; and in that se SALVORS, mar. law. When a ship and cargo, or any part thereof, are saved at sea by the exertions of any person from imp SAMPLE, contracts. A small quantity of any commodity or merchandise, exhibited as a specimen of a larger quantity call SANCTION. That part of a law which inflicts a penalty for its violation, or bestows a reward for its observance. Sanctio SANCTUARY. A place of refuge, where the process of the law cannot be executed. 2. Sanctuaries may be divided into relig SANE MEMORY. By this is meant that understanding which enables a man to make contracts and his will, and to perform such ot 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 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 o SANS RECOURS. Without recourse. 2. These words are sometimes put on a bill before the payee endorses it; they have the eff SATISDACTION, civil law. This word is derived from the same root as satisfaction; for, in the same manner that to fulfil the SATISFACTION PIECE, Eng. practice. An instrument of writing in which it is declared that, satisfaction is acknowledged between the SATISFACTION, construction by courts of equity. Satisfaction is defined to be the donation of a thing, with the intention, e SATISFACTION, practice. An entry made on the record, by which a party in whose favor a judgment was rendered, declares that SATISFACTORY EVIDENCE. That which is sufficient to induce a belief that the thing is true; in other words, it is credible evidence. 3 SCANDAL. A scandalous verbal report or rumor respecting some person. 2. The remedy is an action on the case. 3. In 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, st SCHOOLMASTER. One employed in teaching a school. 2. A schoolmaster stands in loco parentis in relation to the pupils commi SCIENDUM, Eng. law. The name given to a clause inserted in the record by which it is made " known that the justice here SCIENTER, knowingly. 2. A man may do many acts which are justifiable or not, as he is ignorant or not ignorant of cert SCILICET. A Latin adverb, signifying that is to say; to wit; namely. 2. It is a clause to usher in the sentence of ano SCINTILLA JURIS, estates; A spark of right. A legal fiction, resorted to for the purpose of enabling feoffees to uses to suppor 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. A SCIRE FACIAS AD DISPROBANDUM DEBTTUM. The name of a writ in use in Pennsylvania, which lies by a defendant in foreign attachment against the plainti SCIRE FACIAS, remedies, practice. The name of a judicial writ, founded upon some record, and requiring the defendant to show SCIRE FECI, practice. The return of the sheriff, or other proper officer, to the writ of scire facias, when it has been se 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 SCITE. The setting or standing of may place. The seat or situation of a capital messuage, or the ground on which it S SCOLD. A woman who by her habit of scolding becomes a nuisance to the neighborhood, is called a common scold. Vide Co SCOT AND LOT , Eng. law. The name of a customary contribution, laid upon all the subjects according to their ability. SCOUNDREL. An opprobrious title given to a person of bad character. General damages will not lie for calling a man a scou SCRIPT, conv. The original or principal instrument, where there are part and counterpart. Vide Chirograph; Part, Rescr SCRIVENER. A person whose, business it is to write deeds and other instruments for others; a conveyancer. 2. Money scri SCROLL . A mark which is to supply the place of a seal, made with a pen or other instrument on a writing. 2. In som SCUTAGE, old Eng. law. The name of a tax or contribution raised for the use of the king's armies by those who held land SCYREGEMOTE . The name of a court among the Saxons. It was the court of the shire, in Latin called curia comitatus, and th SE DEFENDENDO, criminal law. Defending himself. 2. Homicide, se defendendo, is that which takes place upon a sudden rencoun SEA . The ocean; the great mass of waters which surrounds the land, and which probably extends from pole to pole, SEA LETTER OR SEA BRIEF, maritime law. A document which should be found on board of every neutral ship; it specifies the nature and qua SEA SHORE, property. That space of land, on the border of the sea, which is alternately covered and left dry, by the risi SEA WEED. A species of grass which grows in the sea. 2. When cast upon land, it belongs to the owner of the land adjoi SEA WORTHINESS, mer. law. The ability of a ship or other vessel to make a sea voyage with probable safety: there is, in every SEAL OF THE UNITED STATES, government. The seal used by the United States in congress assembled, shall be the seal of the United States, SEAL-OFFICE, English practice. The office at which certain judicial writs are sealed with the prerogative seal, and without SEALING OF A VERDICT, practice. The putting a verdict in writing, and placing it in an envelop, which is sealed. To relieve jurors a SEAMAN. A sailor; a mariner; one whose business is navigation. 2 Boulay Paty, Dr. Com. 232; Code de Commerce art. 262; 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 SEARCH WARRANT, crim. law, practice. A warrant (q. v.) requiring the officer to whom it is addressed, to search a house or oth SEARCH, crim. law. An examination of a man's house, premises or person, for the purpose of discovering proof of his gu SEARCH, practice. An examination made in the proper lien office for mortgages, liens, judgments, or other encumbrances SEARCH, RIGHT OF, mar. law. The right existing in a belligerent to examine and inspect the papers of a neutral vessel at sea. On SEARCHER, Eng. law. An officer of the customs, whose duty it is to examine and search all ships outward bound, to ascert SECK. This word has two significations. 1. It means a warrant of remedy by distress. Litt. s. 218; and vide Rent. 2. SECOND DELIVERANCE, practice. The name of a writ given by statute of Westminster the second, 13 Edw. 1. c. 2, founded on the recor 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 SECONDARY EVIDENCE. That species of proof which is admissible on the loss of primary evidence, and which becomes, by that event, t SECONDARY, construction. That which comes after the first, which is primary: as, the primary law of, nations the secondar SECONDARY, English law. An officer who is second or next to the chief officer; as secondaries to the prothonotaries of th SECONDS, crim. law. Those persons who assist, direct and support others engaged in fighting a duel. 2. As they are of SECRET, rights. A knowledge of something which is unknown to orthers, out of which a profit may be made; for example, SECRET. That which is not to be revealed. 2. Attorneys and counsellors, who have been trusted professionally with th SECRETARY FOR THE DEPARTMENT OF WAR, government. This officer is appointed by the president. He is required to perform and execute such duties as s SECRETARY OF EMBASSY or OF LEGATION. An officer appointed by the sovereign power, to accompany a minister of first or secoud rank, and sometimes, t SECRETARY OF LEGATION. An officer employed to attend a foreign mission, and to perform certain duties as clerk. 2. His salary is fi 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 SECRETARY OF THE NAVY, government. This officer is appointed by the president. His duties are to execute all such orders as he shall SECRETARY OF THE TREASURY OF THE UNITEE STATES, government. An officer appointed by the president. His principal duties are, 1. To superintend the collection SECRETARY. An officer who, by order of his superior, writes letters and other instruments. He is so called because he is SECTA pleading. In ancient times the plaintiff was required to establish the truth of his declaration in the first i SECTION OF LAND. The lands of the United States are surveyed into parcels of six hundred and forty acres; each such parcel is c SECTORES. Among the Romans the bidders at an auction were so called. Bab. on Auct. 2. SECURITY FOR COSTS, practice. In some courts there is a rule that when the plaintiff resides abroad he shall give security for cos SECURITY. That which renders a matter sure; an instrument which renders certain the performance of a contract. The term SECUS. Otherwise. SEDITION, crimes. The raising commotions or disturbances in the state; it is a revolt against legitimate authority, Ersk SEDUCTION. The offence of a man who abuses the simplicity and confidence of a woman to obtain by false promises what she SEEDS . The substance which nature prepares for the reproduction of plants or animals. 2. Seeds which have been so SEIGNIOR or SEIGNEUR. Among the feudists, this name signified lord of the fee. F. N. B. 23. The most extended signification of this 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. Seis SEIZURE, practice. The act of taking possession of the property of a person condemned by the judgment of a competent tr SELECTI JUDICES. Judges among the Romans who were selected very much like our juries. They were returned by the praetor, drawn SELECTMEN. The name of certain officers in several of the United States, who are invested by the statutes of the several SELF-DEFENCE, crim. law. The right to protect one's person and property from injury. 2. It will be proper to consider, 1. SELLER, contracts. One who disposes of a thing in consideration of money; a vendor. 2. This term is more usually a SEMBLE. A French word which signifies, it seems. It is commonly used before the statement of a point of law which has SEMI-PROOF, civ. law. Presumptions of fact are so called. This degree of proof is thus deaned: "Non est ignorandum, probat SEMINAUFRAGIUM. A term used by Italian lawyers, which literally signifies half-shipwreck, and by which they understand the jet SEMPER PARATUS. The name of a plea by which the defendant alleges that he has always been ready to perform what is demanded of 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 SENATOR, government. One who is a member of a senate. 2. No person shall be a senator [of the national senate] who sh SENATUS CONSULTUM, civ. law. A decree or decision of the Roman senate, which had the force of law. 2. When the Roman people had 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 individ SENIOR. The elder. This addition is sometimes made to a man's name, when two persons bear the same, in order to distin SENTENCE. A judgment, or judicial declaration made by a judge in a cause. The term judgment is more usually applied to c SEPARALITER . Separately. 2. This word is sometimes used in indictments to show that the defendants are charged separate SEPARATE ESTATE. That which belongs to one only of several persons; as, the separate estate of a partner, which does not belong SEPARATE MAINTENANCE, contracts. An allowance made by a hushand to his wife for her separate support and maintenance. 2. When this SEPARATE TRIAL, practice. The trial of one person by himself, when he is jointly indicted with others for an alleged offence. SEPARATION, contracts. When the hushand and wife agree to live apart they are said to have made a separation. 2. Contrac SEPULCHRE. The place where a corpse is buried. The violation of sepulchres is a misdemeanor at common law. Vide Dead bodi SEQUESTRATION, chancery practice. The process of sequestration is a writ of commission, sometimes directed to the sheriff, bu SEQUESTRATION, contracts. A species of deposit, which two or more persons, engaged in litigation about anything, make of the SEQUESTRATION, Louisiana practice. The Code of Practice in civil cases in Louisiana, defines and makes the following provisio SEQUESTRATOR. One to whom a sequestration is made. 2. A depositary of this kind cannot exonerate himself from the care of SERF. During the feudal times certain persons who were bound to perform very onerous duties towards others, were so SERGEANT AT ARMS, An officer appointed by a legislative body, whose duties are to enforce the orders given by such bodies, gener 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 observ 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 SERVANTS, (negro or mulatto,) Pennsylvania. By the fourth section of the act for the gradual abolition of slavery, passe SERVANTS, menial. Domestics those who receive wages, and who are lodged and fed in the house of another, and who are emp SERVANTS. In Louisiana they are divided into free servants and slaves. See Slaves; Slavery. 2. Free servants are, in g SERVI. This name was given by the Romans to their slaves; they were so called from servare, to preserve, from the anc SERVICE , practice. To execute a writ or process; as, to serve a writ of capias signifies to arrest a defendant under SERVICE, contracts. The being employed to serve another. 2. In cases of seduction, the gist of the action is not inju SERVICE, feudal law. That duty which the tenant owes to his lord, by reason of his fee or estate. 2. The services, in SERVIENT, civil law. A term applied to an estate or tenement by which a servitude is due to another estate or tenement. SERVITUDE, civil law. A term which indicates the subjection of one person to another person, or of a person to a thing, o SERVITUDES, personal. Those by which the property of a subject, in Scotland, is burdened in favor, not of a tenement, but SERVITUDES, NATURAL, civil law. Those servitudes which arise in consequence of the nature of the soil. 2. By law the inferior her SERVITUS LUMINUM, civil law. The name of a servitude by which an obligation is imposed on the owner of a house to allow windows SERVITUS STILLIClDII, civil law. The name of a servitude which obliges the owner of an estate to receive, or his right to turn aside SERVITUS TIGNI IMMITTENDI, civil law. The name of a servitude which consists in requiring him who owes it, to permit his neighbor to plac SERVITUS, civil law. A service or servitude; a burden imposed by law, or the agreement of parties upon certain persons, SERVITUS. Servitude; slavery; a state of bondage. "Servitus autem, est constitutio," say the Institutes of Justinian, 1, 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 nu SESSION. The time during which a legislative body, a court or other assembly sits for the transaction of business; as, SET, contracts. Foreign bills of exchange are generally drawn in parts; as, "pay this my first bill of exchange, se SET-OFF, contracts, practice. Defalcation; (q. v.) a demand which a defen-dant makes against the plaintiff in the suit SETTLEMENT, contracts. The conveyance of an estate, for the benefit of some person or persons. 2. It is usually made on SETTLEMENT, domicil. The right which a person has of being considered as resident of a particular place. 2. It is obtain SEVERAL . A state of separation or partition. A several agreement or cove-nant, is one entered into by two or more per SEVERALTY, title to an estate. An estate in severalty is one which is held by the tenant in his own right only, without a SEVERANCE, estates. The act by which any one of the unities of a joint tenancy is effected, is so called; because the est SEVERANCE, pleading. When an action is brought in the name of several plain-tiffs, in which the plaintiffs must of necess SEWER. Properly a trench artificially made for the purpose of carrying water into the sea, river, or some other place SEX . The physical difference between male and female in animals. 2. In the human species the male is called man SHAM PLEA. One entered for the mere purpose of delay; it must be of a matter which the pleader knows to be false; as judg SHARE. A portion of anything. Sometimes shares are equal, at other times they are unequal. 2. In companies and corp 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 cause SHERIFF. The name of the chief officer of the county. In Latin he is called vice comes, because in England he represent 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 SHILLING, Eng. law. The name of an English coin, of the value of one twen-tieth part of a pound. In the United States, w 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 ne SHIP'S HUSBAND, mar. law. An agent appointed by the owner of a ship, and invested with authority to make the requisite repairs SHIP'S PAPERS. Those documents which are required on board of neutral ships, as evidence of their neutrality, These are the p SHIP. This word, in its most enlarged sense, signifies a vessel employed in navigation; for example, the terms the s SHIPPER. One who ships or puts goods on board of a vessel, to be carried to another place during her voyage. In general 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 SHIPWRECK. The loss of a vessel at sea, either. by being swallowed up by the waves, by running against another vessel or SHIRE, Eng. law. A district or division of country. Co. Lit. 50 a. SHOP BOOK. This name is given to a book in which a merchant, mechanic, or other person, makes original entries of goods s SHORE. Land on the side of the sea, a lake, or a river, is called the shore. Strictly speaking, however, when the wat SHORT ENTRY. A term used among bankers, which takes, place when a note has been sent to a bank for collection, and an entry SI FACERIT TE SECUREM. If he make you secure. These words occur in the form of writs, which originally requited, or still require, th SICKNESS. By sickness is understood any affection of the body which deprives it temporarily of the power to fulfil iis u SIDE BAR RULES, Eng practice. Rules which were formerly moved for by attorneys on the side bar of the court; but now may be ha SIENS. An obsolete word, formerly used for scion, which figuratively signified a person who descended from another. " SIGILLUM. A seal. (q. v.) Vide Scroll. SIGHT, contracts. Bills of exchange are frequently made payable at sight, that SIGN, contracts, evidence. A token of anything; a note or token given without words. 2. Contracts are express or i 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 tradesma SIGNA, civil law. Those species of indicia (q. v.) which come more immediately under the cognizance of the senses, su SIGNATURE , eccl. law. The name of a sort of rescript, without seal, containing the supplication, the signature of the p SIGNATURE, pract. contr. By signature is understood the act of putting down a man's name, at the end of an instrument, to 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 SILENCE. The state of a person who does not speak, or of one who refrains from speaking. 2. Pure and simple silence c SILVA CAEDUA. By these words in England is understood every sort of wood, except gross wood of the age of twenty years. Bac. SIMILITER, pleading. When the defendant's plea contains a direct contradiction of the declaration, and concludes with ref SIMONY, eccl. law. The selling and buying of holy orders, or an ecclesiastical benefice. Bac. Ab. h. t.; 1 Harr. Dig. SIMPLE CONTRACT. One, the evidence of which is merely oral, or in writing, not under seal, nor of record. 1 Chit. Contr. 1 1 Ch SIMPLE OBLIGATION. An unconditional obligation, one which is to be performed without depending upon any event provided by the par SIMPLE TRUST. A simple trust corresponds with the ancient use, and is where property is simply vested in one person for the SIMPLE. Not compounded, alone; as, simple interest, which is interest on the principal sum lent only and not interest 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 pers SIMULATION, French law. This word is derived from the Latin simul, together. It indicates, agreeably to its etymology, the SINE DIE. Without day. A judgment for a defendant in many cases is quod eat sine die, that he may go without day. While SINECURE. In the ecclesiastical law, this term is used to signify that an ecclesiastical officer is without a charge or SINGLE ENTRY. A term used among merchants signifying that the entry is made to charge or to credit an individual or thing, w SINGLE. By itself, unconnected. 2. A single bill is one without any condition, and does not depend upon any future e SINGULAR, construction. In grammar the singular is used to express only one, not plural. Johnson. 2. In law, the sin SINKING FUND. A fund arising from particular taxes, imposts, or duties, which is appropriated towards the payment of the int SIRE . A title of honor given to kings or emperors in speaking or writing to them. SISTER. A woman who has the same father and mother with another, or has one of them only. In the first case she is cal SITUS. Situation;, location. 5 Pet. R. 524. 2. Real estate has always a fixed situs, while personal estate has no s SKELETON BILL, com. law. A blank paper, properly stamped, in those countries where stamps are required, with the name of a pe SKILL, contracts. The art of doing a thing as it ought to be done. 2. Every person who purports to have skill in la SLANDER, torts. The defaming a man in his reputation by speaking or writing words which affect his life, office, or tra SLANDERER . A calumniator, who maliciously and without reason imputes a crime or fault to another, of which he is innoce SLAVE TRADE, criminal law. The infamous traffic in human flesh, which though not prohibited by the law of nations, is now f SLAVE. A man who is by law deprived of his liberty for life, and becomes the property of another. 2. A slave has no SLAVERY. The state or condition of a slave. 2. Slavery exists in most of the southern states. In Pennsylvania, by the SlMPLE LARCENY. The felonious taking and carrying away the personal goods of another, unattended by acts of violence; it is di 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 al 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, SOCIETAS LEONINA. Among the Roman lawyers this term signified that kind of society or partnership by which the entire profits sh SOCIETE EN COMMENDITE. This term is borrowed from the laws of France, and is used in Louisiana; the societe en commendite, or partner SOCIETY . A society is a number of persons united together by mutual consent, in order to deliberate, determine, and a SODOMITE. One who his been guilty of sodomy. Formerly such offender was punished with great severity, and was deprived o SODOMY, crim. law. The crime against nature, committed either with man or beast. 2. It is a crime not it to be named SOIL. The superficies of the earth on which buildings are erected, or may be erected. 2. The soil is the princip 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 SOKEMANS, Eng. law. Those who hold their land in socage. 2 Bl. Com. 100. SOLARES, Spanish law. Lots of ground. This term is frequently found in grants from the Spanish government of lands in A SOLD NOTE, contracts. The name of an instrument in writing, given by a broker to a buyer of merchandise, in which it is s SOLDIER . A military man; a private in the army. 2. The constitution of the United States, amendm. art. 3, directs t SOLE. Alone, single; used in contradistinction to joint or married. A sole tenant, therefore, is one who holds lands SOLEMNITY. The formality established by law to render a contract, agreement, or other act valid. 2. A marriage, for exa SOLICITATION OF CHASTITY. The asking a person to commit adultery or fornication. 2. This of itself, is not an indictable offence. Salk 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 SOLICITOR. A person whose business is to be employed in the care and management of suits depending in courts of chancery. SOLIDO, IN, civil law. In solido, is a term used to designate those contracts in which the obligors are bound, jointly SOLITARY IMPRISONMENT. The punishment of separate confinement. This has been adopted in Pennsylvania, with complete success. Vide Pen SOLUTION, civil law. Payment. 2. By this term, is understood, every species of discharge or liberation, which is calle 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. 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 SOLVITPOSTDIEM, pleading. The name of a special plea in bar to an action of debt on a bond, by which the defendant asserts tha SOMNAMBULISM, med. juris. Sleep walking. 2. This is sometimes an inferior species of insanity, the patient being unconscio SON ASSAULT DEMESNE, pleading. His own first assault. A form of a plea to justify an assault and battery, by whicb the defendant as 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 ot 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 SOUNDNESS. In usual health; without any permanent disease. 1 Carr. & Marsh. 291. To create unsoundness, it is requisite t SOURCES OF THE LAW. By this expression is understood the authority from which the laws derive their force. 2. The power of makin SOUS SEING PRIVE. An act sous seingprive, in Louisiana and by the French law, is an act or contract evidenced by writing under t SOUTH CAROLINA. The name of one of the original states of the United States of America. For an account of its colonial history SOVEREIGN STATE. One which governs itself independently of any foreign power. SOVEREIGN, Eng. law. The name of a gold coin of Great Britain of the value of one pound sterling. SOVEREIGN. A chief ruler with supreme power; one possessing sovereignty. (q. v.) It is also applied to a king or other ma SOVEREIGNTY. The union and exercise of all human power possessed in a state; it is a combination of all power; it is the po SPADONES, civil law. Those who, on account of their temperament, or some accident they have suffered, are unable to proc SPARSIM. This Latin adverb signifies scatteredly, here and there, in a scattered manner, sparsedly, dispersedly. It is SPEAKER. The presiding officer of the house of representatives of the United States is so called. The presiding officer SPEAKING DEMURRER, equity pleading. One which contains an argument in the body of it; as, for instance, when a demurrer says, "in SPECIAL AGENT. A special agent is one whose authority is confined to a particular, or an individual instance. It is a general SPECIAL ASSUMPSIT, practice. Where an action of assumpsit (q. v.) has been brought on a special contract, and the plaintiff decla SPECIAL BAIL. A person who becomes specially bound to answer for the appearance of another; the recoguizance or act by which SPECIAL CONSTABLE. One who has been appointed a constable for a particular occasion, as in the case of an actual tumult or a riot SPECIAL DAMAGES. Such as actually have been suffered, and are not implied by law. Vide Damages, Special; and 1 Chit. Pl. 385; C SPECIAL DEMURRER, pleading. One which excepts to the sufficiency of the pleadings on the opposite side, and shows specifically t SPECIAL DEPOSIT. A deposit made of a particular thing with the depositary: it is distinguished from an irregular deposit. 2. SPECIAL ERRORS. Special pleas in error are those which assign for error matters in confession and avoidance, as a release of e SPECIAL IMPARLANCE, pleading. One which contains the clause, "saving to himself all advantages and exceptions, as well to the writ SPECIAL INJUNCTION. One obtained only on motion and petition, with notice to the other party, and is applied for, sometimes on aff SPECIAL ISSUE, pleading. A plea to the action which denies some particular material allegation, which is in effect a denial o SPECIAL JURY. One selected in a particular way by the parties. A pannel is made out, and each party is entitled to strike fr 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 u SPECIAL OCCUPANT, estates. When an estate is granted to a man and his heirs during the life, of cestui que vie, and the grantee SPECIAL PARTNERSHIP. Special or limited partnerships are of two kinds; 1. Those at common law. 2. Limited partnerships, or those in SPECIAL PLEA IN BAR. One which advances new matter. It differs from the general in this, that the latter denies some material alleg SPECIAL PLEADER, Engl. practice. A special pleader is a lawyer whose professional occupation is to give verbal or written opini SPECIAL PLEADING. The allegartion of special or new matter, as distinguished from a direct denial of matter previously alleged o SPECIAL PROPERTY. This term is used as synonymous with qualified or limited property. It is that property which is not perfect i SPECIAL REQUEST. One actually made, at a particular time and place; this term is used in contradistinction to a general request SPECIAL RULE. A rule or order of court made in a particular case, for a particular purpose; it is distinguished from a gener SPECIAL TRAVERSE, pleading. A technical special traverse begins in most cases, with the words absque hoc, (without this,) which SPECIAL TRUST. A special trust, is one where a trustee is interposed for the execution of some purpose particularly pointed o SPECIAL VERDICT, practice. A special verdict is one by which the facts of the case are put on the record, and the law is submit SPECIAL. That which relates to a particular species or kind, opposed to general; as special verdict and general verdict SPECIALTY, contracts. A writing sealed aud delivered, containing some agreement. 2 Serg. & Rawle, 503; 1 Binn. Rep. 261; SPECIE. Metallic money issued by public authority. 2. This term is used in contradistinction to paper money, which i SPECIFIC LEGACY. A bequest of a particular thing. 2. It follows that a specific legacy may be of animals or inanimate things, SPECIFIC PERFORMANCE, remedies. The actual accomplishment of a contract by the party bound to fulfil it. 2. Many contracts are ent SPECIFICATION, civil law. A term used in the civil law, by which is meant a person's making a new species or subject from mat SPECIFICATION, practice, contracts. A particular and detailed account of a thing: example, in order to obtain a patent for an SPECIMEN. A sample; a part of something by which the other may be known. 2. The act of congress of July 4, 1836, secti SPECULATION, contracts. The hope or desire of making a profit by the purchase and resale of a thing. Pard. Dr. Com. n. 12. SPEECH. A formal discourse in public. 2. The liberty of speech is guarantied to members of the legislature, to couns SPELLING, The art of putting the proper letters in words. 2. It is a rule that when it appears with certainty what is SPENDTHRIFT. By the Rev. Stat. of Vermont, tit. 16, c. 65, s. 9, spendthrift is defined to be a person who by excessive dri SPERATE . That of which there is hope. 2. In the accounts of an executor and the inventory of the personal assets, h 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 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 equi SPOLIATION, Eng. eccl. law. The name of a suit sued out in the spiritual court to recover for the fruits of the church, or SPOLIATION, torts. Destruction of a thing by the act of a stranger; as, the erasure or alteration of a writing by the act SPONSALIA, or STIPULATIO SPONSALITIA. A promise lawfully made between persons capable of marrying each other, that at some future time they will mar SPONSIONS, international law. Agreements or engagements made by certain public officers, as generals or admirals, in time SPONSOR, civil law. He who intervenes for another voluntarily and without being requested. The engagement which he ente SPRING. A fountain. 2. The owner of the soil has the exclusive right to use a spring arising on his grounds. When an SPRINGING USE, estates. One to arise on a future event, when no preceding estate is limited, and does not take effect in dero SPY. One who goes into a place for the purpose of ascertaining the best way of doing an injury there. 2. The term SQUATTER. One who settles on the lands of others without any legal author-ity; this term is applied particularly to pers STAGNUM, estates. A pool. It is said to consist of land and water, and therefore by the name of stagnum, the water and STAKEHOLDER, contracts. A third person, chosen by two or more persons, to keep in deposit property, the right or possession STALE DEMAND. A stale demand is a claim which has been for a long time undemanded; as, for example, where there his been a d STAMP, revenue. An impression made on paper, by order of the government, which must be used in reducing certain contr STAND SEISED TO USES. This phrase is frequently used in relation to conveyances under the statute of uses. A covenant to stand seise STANDARD, in war. An ensign or flag used in war. STANDARD, measure. A weight or measure of certain dimensions, to which all other weights and measures must correspond; a STAPLE, intern. law. The right of staple as exercised by a people upon foreign merchants, is defined to be, that they STAR CHAMBER, Eng. law. A court which formerly had great jurisdiction and power, but which was abolished by stat. 16, C. I., STARE DECISIS. To abide or adhere to decided cases. 2. It is a general maxim that when a point has been settled by decision STARE IN JUDICIO. The act of appearing before a tribunal, either as plain-tiff 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 bo STATEMENT, pleading and in practice. In the courts of Pennsylvania, by the act to regulate arbitrations and proceedings i STATES. By this name are understood in some countries, the assembly of the different orders of the people to regulate STATING-PART OF A BILL, chancery practice. That part of a bill which contains a narrative of the facts and circumstances of the plaint STATION, civil law. A place where ships may ride in safety. Dig. 49, 12, 1, 13; id. 50, 15, 59. STATU LIBERI, in Louisiana. Slaves for a time, who have acquired the right of being free at a time to come, or on a conditio STATUS. The condition of persons. It also means estate, because it signifies the condition or circumstances in which t STATUTE MERCHANT , English law. A security entered before the mayor of London, or some chief warden of a city, in pursuance of STATUTE. The written will of the legislature, solemnly expressed according to the forms prescribed in the constitution; STATUTES STAPLE, English law. The statute of the staple, 27 Ed. HI. stat. 2, confined the sale of all commodities to be exporte STATUTI, Rom. civ. law. From Constantine to Justinian, advocates, were arranged in two classes: viz. those called Statu STAY OF EXECUTION, practice. A term during which no execution can issue on a judgment. 2. It is either conventional, when the p STAYING PROCEEDINGS. The suspension of an action. 2. Proceedings are stayed absolutely or conditionally. 3. - 1. They are perem STEALING. This term imports, ex vi termini, nearly the same as larceny; but in common parlance, it does not always impor STELLIONATE, civil law. A name given generally, to all species of frauds committed in making contracts. 2. This word is s 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 o STERLING. Current money of Great Britain, but anciently a small coin, worth about one penny; and so called, as some supp STET PROCESSUS, practice. An order made, upon proper cause shown, that the process remain stationary. As where a defendant hav 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 oth STEWS, Eng. law., Places formerly permitted in England to women of professed lewdness, and who, for hire, would prost STILLICIDIUM, civ. law. The rain water that falls from the roof or eaves of a house by scattered drops. When it is gathered STINT, Eng. law. The proportionable part of a man's cattle, which he may keep upon the common. 2. To use a thing wi STIPULATED DAMAGES, contracts. The sum agreed by the parties to be paid, on a breach of a contract, by the party violating his eng STIPULATION, contracts. In the Roman law, the contract of stipulation was made in the following manner, namely; the person STIRPES, descents. The root, stem, or stock of a tree. Figuratively, it signifies, in law, that person from whom a fami STOCK, descents. This is a metaphorical expression which designates, in the genealogy of a family, the person from wh STOCKS, crim. law. A machine commonly made of wood, with boles in it, in which to confine persons accused of or guilty 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 h STORES. the victuals and provisions collected together for the subsistence of a ship's company, of a camp, and the lik STOUTHRIEFF, Scotch law. Formerly this word included in its signification every species of theft, accompanied with violence STOWAGE, mar. law. The proper arrangement in a ship, of the different articles of which a cargo consists, so that they STRANDING, maritime law. The running of a ship or other vessel on shore; it is either accidental or voluntary. 2. It is STRANGER , persons, contracts. This word has several significations. 1. A person born out of the United States; but in STRATAGEM. A deception either by words or actions, in times of war, in order to obtain an advantage over an enenly. 2. STRATOCRACY. A military government; government by military chiefs of an army. 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 c STREET. A road in a village or city. In common parlance the word street is equivalent to highway. 4 Serg. & Rawle, 108 STRICT SETTLEMENT. When lands are settled to the parent for life, and after his death to his first and other sons in tail, and tr STRICTISSIMI JURIS. The most strict right or law. In general, when a person receives an advantage, as the grant of a license, he i STRICTUM JUS. This phrase is used to denote mere law, in contradistinction to equity. STRUCK JURY. A special jury selected by striking from the pannel of jurors, a certain number by each party, so as to leave STRUCK OFF. A case is said to be struck off, where the court has no jurisdiction, aud can give no judgment, and order that STRUCK, pleadings. In an indictment for murder, when the death arises from any woundng, beating or bruising, it is sai STRUMPET. A harlot, or courtezan: this word was formerly used as an addition. Jacob's Law Dict. h. t. STUPIDITY, med. jur. That state of the mind which cannot perceive and embrace the data presented to it by the senses; and STUPRUM, civ. law. The criminal sexual intercourse which took place between a man and a single woman, maid or widow, wh SUB MODO. Under a qualification; a legacy may be given sub modo, that is, subject to a condition or qualification. SUB PEDE SIGILLI. Under the foot of the seal; under seal. This expression is used when it is required that a record should be ce SUB POTESTATE. Under or subject to the power of another; as, a wife is under the power of her hushand; a child subject to tha SUB SILENTIO. Under silence, without any notice being taken. Sometimes passing a thing sub silentio is evidence of consent. SUB-AGENT. A person appointed by an agent to perform some duty, or the whole of the business relating to his agency. 2. SUB-TENANT. The same as under-tenant. See Under-leaser; Under-tenant, and 1 Bell's Com. 76. SUBALTERN. A kind of officer who exercises his authority under the superintendence and control of a superior. SUBINFEUDATION, estates, English law. The act of an inferior lord by which he carved out a part of an estate which he held of 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 contra SUBJECT-MATTER . The cause, the object, the thing in dispute. 2. It is a fatal objection to the jurisdiction of the court w SUBJECTION. The obligation of one or more persons to act at the discretion, or according to the judgment and will of other SUBLEASE. A lease by a tenant to another tenant of a part of the premises held by him; an underlease. SUBMISSION, contracts. An agreement by which persons who have a law-suit or difference with one another, name arbitrators SUBMISSION. A yielding to authority. A citizen is bound to submit to the laws; a child to his parents; a servant to his ma SUBNOTATIONS, civ. law. The answers of the prince to questions which had been put to him respecting some obscure or doubtful SUBORNATION OF PERJURY, crim. law. The procuring another to commit legal perjury, who in consequence of the persuasion takes the oath SUBPENSIVE CONDITION. One which prevents a contract from going into operation until it has been fulfilled; as if I promise to pay yo SUBPOENA DUCES TECUM, practice. A writ or process of the same kind as the subpoena ad testificandum, including a clause requiring th SUBPOENA, chancery practice. A mandatory writ or process, directed to and requiring one or more persons to appear at a t SUBPOENA, practice, evidence. A process to cause a witness to appear and give testimony, commanding him to lay aside all SUBREJOINDER, pleading. The plaintiff's answer to the defendant's rejoinder. It is governed in every respect by the same rul SUBREPTION, French law. By this word is understood the fraud committed to obtain a pardon, title, or grant, by alleging fa SUBROGATION, civil law, contracts. The act of putting by a transfer, a person in the place of another, or a thing in the pl 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 a SUBSCRIPTION LIST. The names of persons who have agreed to take a newspaper, magazine or other publication, placed upon paper, is SUBSCRIPTION, contracts. The placing a signature at the bottom of a written or printed engagement; or it is the attestation SUBSIDY, Engl. law. An aid, tax or tribute granted by parliament to the king for the urgent occasions of the kingdom, t SUBSTANCE, evidence. That which is essential; it is used in opposition to form. 2. It is a general rule, that on any is SUBSTITUTE, contracts. One placed under another to transact business for him; in letters of attorney, power is generally g SUBSTITUTES, Scotch law. Where an estate is settled on a long series of heirs, substituted one after another, in tailzie, t SUBSTITUTION, chancery practice. This takes place in a case where a creditor has a lien on two different parcels of land, an 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 SUBSTRACTION, French law. The act of taking something fraudulently; it is generally applied to the taking of the goods of th 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. SUBTRACTION. The act of withhold ing or detaining anything unlawfully. SUCCESSION, com. law. The mode by which one set of persons, members of a corporation aggregate, acquire the rights of anot SUCCESSION, in Louisiana. The right and transmission of the rights an obligations of the deceased to his heirs. Succession SUCCESSOR. One who follows or comes into the place of another. 2. This term is applied more particularly to a sole co6- SUFFRAGE, government. Vote; the act of voting. 2. The right of suffrage is given by the constitution of the United Sta SUFFRANCE. The permitting a tenant who came in by a lawful title, to remain after his right has expired. Vide Estates at SUGGESTIO FALSI. A statement of a falsehood. This amounts to a fraud when-ever the party making it was bound to disclose the tr SUGGESTION. In its literal sense this word signifies to inform, to insin-uate, to instruct, to cause to be remembered, to SUGGESTIVE INTERROGATION. This phrase has been used by some writers to signify the same thing as leading question. (q. v.) 2 Benth. on E 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 sla SUICIDE, crimes, med. jur. The act of malicious self-murder; felo de se. (q. v.) 3 Man. Gran. & Scott, 437, 457, 458; 1