Black's Law Dictionary

See Divioend.

Where instruments are executed in part and counterpart, the original or principal is se called. In English probate practice. A will, codicll, draft of will or codicil, or written i

Written obligations are superseded by writings, and, An obligation of naked assent ls dissolved by assent to the contrary.

In old records. A place in monasteries, where writing was done. Spelman.

Lat. A writing; something written. Fleta, 1. 2, c. 60, § 25. —Scriptum indentatum. A writing indented ; an indenture or deed. —Scriptum obligatorium. A writing obligatory. The tech

A writing indented ; an indenture or deed.

A writing obligatory. The technical name of a band in old pleadings. Any writing under seal.

A writer; scribe; conveyancer. One whose occupation is to draw contracts, write deeds and mortgages, and prepare other species of written instruments. Also an agent to whom propert

A mark intended to supply the place of a seal, made with a pen or other instrument of writing. A paper or parchment Containing some writing, and rolled up se as to conceal it.

An obsolete law society, also called "Serjeants' Place," opposite to St. Andrew's Church, Holborn, London.

Lat. A scribe; a secretary. Scriba regis, a king's secretary; a chancellor. Spelman.

In old practice. A species of roll or record, on which the ball on habeas corpus was entered.

Lat In old English law. A searcher or baillff of a river; a water-bailiff, whose business was to look to the king's rights, as hls wrecks, hls flotsam, jetsam, water-strays, royal

In old European law. Shaken or beaten out; threshed, as grain. Spelman.

In feudal law. A tax or contribution raised by those that held lands by knight's service, towards furnishing the king's army, at the rate of one, two or three marks for every knigh

A writ that anciently lay against tenants by knight's service to serve in the wars or send sufficient persons or phy a certain sum. Fitzh. Nat. Brev. 83.

A French coin of gold, coined A. D. 1427, of the value of 3s. 4d.

A scuttle; anything of a flat or broad shape like a shield. Cowell. —Scutella eleemosynaria. An alms-basket.

An alms-basket.

In old records. Esquire; the same as "armiger." Spelman.

A shield or coat of arms. Cowell.

In old English law. Shire; county; the inhabitants of a county.

In Saxon law. The meeting or court of the shire. This was the most important court in the Saxon polity, having jurisdiction of both ecclesiastical and secular causes. Its meetings

An abbrevlation for "southern district."

The ocean; the great mass of water which surrounds the land. U. S. v. Rodgers, 150 U. S. 249, 14 Sup. Ct. 109, 37 In Ed. 1071; De Lovio v. Boit, 7 Fed. Cas. 428; Cole v. White, 26

Assaults by masters in the merchant service upon seamen at sea.

All that portion of land undet the sea that lies bsyond the sea-shore.

See Sea-Letter.

In the Scotch law. Grounds overflowed by, the sea in spring tides. Bell.

An Impression upon wax, wafer or some other tenacious substance capable of being impressed. Allen v. Sullivan R. Co., 32 N. H. 449; Solon v. Williamsburgh Sav. Bank, 114 N. Y. 132,

Laws relating to the sea, as the laws of Oleron, etc.

In English practice. Motion days in the court of chancery, so called because every motion had to be stamped with the seal, which did not lie in court in the ordinary sittings out o

Authenticated by a seal; executed by the affixing of a seal. Also fastened up in any manner so as to be closed against inspection of the contente. —Sealed and delivered. These word

These words, followed by the signatures of the witnesses, constitute the usual formula for the attestation of conveyances.

An instrument of writing to which the party to be bound has affixed, not only his name, but also his seal, or (in those jurisdictions where it is allowed) a scroll, (q v.)

When the jury have agreed upon a verdict, if the court is not in session at the time, they are permitted (usually) to put their written finding m a sealed envelope, and then separa

A species of manifest, containing a description of the ship's cargo, with the port from which it comes and the port of destination. This is one of the documents necessary to be car

By seals, in matters of succession, is understood the placing, by the proper officer, of seals on the effects of a suceession for the purpose of preserving them, and for the intere

Where a party to an action has been ordered to produce a document part of which is either irrelevant to the matters in question or is privileged from production, he may, by leave o

In English practice. An office for the sealing of judicial writs.

In English law. A document issued by the lord chancellor, previously to the commencement of the sittings, detailing the business to be done for each day in his court, and in the co

In Louisiana. Seals are placed upon the effects of a deceased person, in certain cases, by a public officer, as a method of taking official custody of the succession. See Sealing.

Sailors; mariners; persons whose business is navigating ships. Co.m-monly exclusive of the officers of a ship.

In French law. A session; as of some public body.

In international law. The right of search ls the right on the part of ships of war to visit and search merchant vessels during war, in order to ascertain whether the ship or cargo

In English law. An officer of the customs, whose duty it is to examine and search ali ships outward bound, to ascertain whether they have any prohibited or uncustomed goods on boar

A search-warrant is an Order in writing, lssued by a justice or other magistrate, in the name of the state, directed to a sheriff, constable or other officer, commanding him to sea

An officer in maritime towns and places wbo took care of the maritime rights of the lord of the manor, and watched the shore, and collected wrecks for the lord. Tomlins.

Pirates and robbers at sea.

The margin of the sea in its usual and ordinary state. When the tide is out, low-water mark is the margin of the sea ; and, When the sea is full, the margin is high-water mark. The

See Land.

The name used by the Algonquin Indians for the shell beads (or wampum) which passed among the Indians as money. Webster.

In marine insurance. A warranty of seaworthiness means that the vessel is competent to resist the ordinary attacks of wind and weather, and is competently equipped and manned for t

This adjective, applied to a vessel, signifies that she is properly constructed, prebared, manned, equipped, and provided, for the voyage intended. See Seaworthiness.

See those titles.

Religious insanity; demonomania.

A tax imposed upon the succession to, or devolution of, real property by devise, deed, or intestate succession. See Ferry v. Campbell, 110 Iowa, 290, 81 N. W. 604 ; 50 L. R. A. 92;

A want of remedy by distress. Litt. § 218. See Rent. Want of present fruit or profit, as in the case of the reversion without rent or other service, except fealty. Co. Litt 151b, n

According to the form of the statute.

According to the rule; by rule.

According to the subject-matter. 1 Bl. Comm. 229. All agreements must be construed secundum subjectam materiam if the matter will bear it 2 Mod. 80, arg.

See Secured.

This term, as used in law, may denote either sequence in point of time or inferiority or postponement in respect to rank, lien, order or privilege. As to secend "Co.usin," "Deliver

adj. Of a subsequent, subordinate, or inferior kind or class; generally opposed to "primary." As to secondary "Conveyances," "Easement," "Evidence," "Franchise," and "Use," see tho

The name given to that class of conveyances which presuppose some other conveyance precedent, and only serve to enlarge, confirm, alter, restrain, restore, or transfer the interest

One which is appurtenant to the primary or actual easement; every easement includes such "secondary easements," that is, the right to do such things as are necessary for the full e

The franchise of corporate existence being sometimes calied the "primary" franchise of a corporation, its "secondary" franchises are the special and peculiar rights, privileges, or

A use limited to take effect in derogation of a preceding estate, otherwise called a "shifting use," as a conveyance to the use of A. and his heirs, with a proviso that, when B. re

Persons who are related to each other by descending from the same great-grandfather or greatgrandmother. The children of one's first cousins are his second cousins. These are somet

In practice. A writ allowed a plaintiff in replevin, where the defendant has obtained judgment for refurn of the goods, by default on nonsuit, in order to bave the same distress ag

Evidence which has passed through one or more media before reaching the witness; hearsay evidence.

One which takes rank immediately after a first lien on the same property and is next entitled to satisfaction out of the proceeds.

One which takes rank immediately after & first mortgage on the same property, without any intervening liens, and is next entitled to satisfaction out of the proceeds of the propert

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

Concealed; hidden; not made public; particularly, in law, kept from the knowledge or notice of persons liable to be affected by the act, transaction, deed or other thing spoken of.

The secretary of a corporation or association is an officer charged with the direction and management of that part of the business of the company which is concerned with keeping th

An officer of the English court or chancery. The office was abolished by St. 15 & 16 Viet, c. 87, § 23.

A diplomatic officer appointed as secretary or assistant to an ambassador or minister plenipotentiary.

An officer employed to attend a foreign mission and to perform certain duties as clerk.

In American law. This is the tide of the chief of the executive bureau of the United States called the "Department of State." He is a member of the cabinet, and is charged with the

A secret committee of the house of commons is a committee specially appointed to investigate a certain matter, and to which secrecy being deemed necessary in furtherance of its obj

To conceal or hide away. Particularly, to put property out of the reach of creditors, either by corpofally hiding it or putting the title in another's name or otherwise hindering c

A lien reserved by the vendor of .chattels, who has delivered them to the vendee, to secure the payment of the price, which is concealed from all third persons. As to the particula

One where the existence of certain persons as partners is not avowed to the public by any of the partners. Deering v. Flanders, 49 N. H. 225.

Where a testator gives property to a person, on a verbal promise by the legatee or devisee that he will hold it in trust for another person, this is called a "secret trust." Sweet.

A religious scot is a body or number of persons united in tenets, but constituting a distinct organization or party, by holding sentiments or doctrines different from those of othe

In old English law. Suit; attendance at court; the plaintiff's suit or following, i. e., the witnesses whom he was required, in the ancient practice, to bring with him and produce

In old English law. Suit due to a man's public oven or bake-house. 3 Bl. Comm. 235.

Hob. 20. A suit is a civil warfare; for as the plaintiffs are armed with actions, and, as it were, girded with swords, so the defendants are fortified with pleas, and are defended,

Jenk. Cent. 65. A suit Which is based upon a writing ought not to vary from the writing.

A suit so called by which all persons were bound twice in the year to attend in the sheriff's tourn, in order that they might be informed of things relating to the public peace. It

Suitors of court who, among the Saxons, gave their judgment or verdict in civil suits upon the matter of fact and law. 1 Reeve, Eng. Law, 22.

A writ for an heir who was distrained by the lord to do more suits than one, that he should be allowed to do one suit only in respect of the land of divers heirs descended to him.

In text-books, codes, statutes, and other juridical writings, the smallest distinct and numbered subdivisions are commonly called "sections," sometimes "articles," and occasionally

In American land law. A division or parcel of land, on the government survey, comprising one square mile or 640 acres. Each "township" (six miles square) is divided by straight lin

A writ which lay for a dowress, or one In wardship, to be free from suit of court Cowell.

Lat. In Roman law. Purchasers at auction or publlc sales.

Not spiritual; not ecolesiastical ; relating to affairs of the present world. —Secular business. As used in Sunday laws, this term includes nil forms of activity in the business af

As used in Sunday laws, this term includes nil forms of activity in the business affairs of life, the prosecution of a trade or employment, and commercial dealings, such as the mak

In ecclesiastical law, this term is applied to the parochial clergy, who. perform their ministry in seculo (in the world), and who are thus distinguished from the monastic or "regu