Black's Law Dictionary

In the law of contracts. To write under; to write the name under; to write the name at the bottom or end of a writing. Wild Cat Branch v. Bali, 45 Ind; 213; Davis v. Shields, 26 We

One who writes hls name under a written instrument; one who affixes his signature to any document, whether for the purpose of authenticating or attesting it, of adopting its terms

He who witnesses or attests the signature of a party to an instrument, and in testimony thereof subscribes his own name to the document. A subscribing witness is one who sees a wri

Lat In the civil law. A writing under or under-writing; a writing of the name under or at the bottom of an instrument by way of attestation or ratification; subscription. That kind

The act of writing one's name under a written instrument; the affixing one's signature to any document, whether for the purpose of authenticating or attesting it, of adopting its t

A list of subscribers to some agreement with each other or a third person.

Lat In Roman law. Lower seats or benches, occupied by the judices and by interior magistrates when they sat in judgment, as distinguished from the tribunal ot the prætor. Calvin.

A subsequent marriage [of the parties] removes a previous fault, i. e., previous lllicit intercourse, and legitimates the offspring. A rule of Roman law.

See Condition.

One whose claim or demand accrued or came into existence after a given fact or transaction, such as the recording of a deed or mortgage or the execution of a voluntary conveyance M

In English law. An aid, tax or tribute granted by parliament to the king for the urgent occasions of the kingdom, to be levied on every subject of ability, acoording to the value o

Under silence; without any nolice being taken. Passing a thing sub silentio may be evidence of consent

Essence; the material or essential part of a thing, as distinguished from "form." See Sinte v. Burgdoerfer, 107 Mo. 1, 17 S. W. 646, 14 In R. A. 846 ; Hugo v. Miller, 50 Minn. 105,

A sum, assessed by way of damages, which is worth having; opposed to nominal damages, which are assessed to satisfy a bare legal right Wharton.

that adduced for the purpose of proving a fact in issue, as opposed to evidence given for the purpose of discrediting a witness, (i. e., showing that he is unworthy of belief.) or

That part of the law which the courts are established to administer, as opposed to the rules according to which the substantive law itself is administered. That part of the law whi

One appointed in the place or stead of another, to transact business for him; a proxy. A person hired by one who has bcen drafted into the military service of the country, to go to

One appointed to act in the place of another executor upon the happening of a certain event; e. g., if the latter should refuse the office.

This term generally denotes any form of service of process other than personal service, such as service by mail or by publication in a newspaper; but it is sometimes employed to de

Lat In Roman law, it was competent for a testator after instituting a hæres (called the "hæres institutus") to substitute another (called the "hœres substitutus") in his place in a

In the civil law. The putting one person in place of another; particularly, the act of a testator in naming a second devisee or legatee who is to take the bequest either on failure

Where a will contains a glft of property to a class of persens, with a clause providing that on the death of a member of the class before the period of distribution his Share is to

In French law. The fraudulent appropriation of any property, but particularly of the goods of a decedent's estate.

An under-tenant; one who leases all or a part of the rented premises from the original lessee for a term less than that held by the latter. Forrest v. Durnell, 86 Tex. 647, 26 S. W

Waters which lie wholly beneath the surface of the ground, and which either ooze and seep through the subsurface strata without pursuing any defined course or channel, (percolating

The offense of withholding or withdrawing from another man what by law he is entitled to. There are various descriptions of this offense, of which the principal are as follows: (1)

The act of a husband or wife living separately from the other without a lawful cause. 3 Bl. Comm. 94

Lat In old English law. Husbandmen.

Lat. In the civll law. A coming in place of another, on his decease; a coming into the estate which a deceased person had at the time of his death. This was either by virtue of an

In the civil law and in Louisiana. 1. The fact of the transmission of the rights, estate, obligations, and charges of a deceased person to his heir or heirs. 2. The right by which

See Succession.'

One who succeeds to the rights or the place of another; particularly, the person or persons who constitute a corporation after the death or removal of those who preceded them as co

A minor is [to be] aided; a mistake of youth, is easy, [youth is liable to err.] Jenk. Cant. p. 47, case 89.

In Scotch law. The whole lands astricted to a mill; that is, the lands of which the tenants are obliged to send their grain to that mill. Bell.

In the common-law definition of manslaughter, this phrase means an access of rage or anger, sud-deniy arising from a contemporary provocation. It means that the provocation must ar

In Hindu law. The best; the fore-court of a house; the chief seat of government, contradistinguished from "mofus-sil," or interior of the country; the presidency. Wbarton.

In English practice. Service of process made under authorisation of the court upon some other person, when the person who should be served cannot be found or cannot be reached. In

In Scotch law. The person first called or nominated in a tailzie (entailment of an estate upon a number of heirs in succession) is called the "institute" or "heir-institute;" the r

In old Scotch law. Base holders; inferior holders; they who held their lands of knights. Skene.

To prosecute by law; to commence legal proceedings against a party. It is applied almost exclusively to the institution and prosecution of a civil action. See Chal-lenor v. Nlles,

To obtain by application; to petition for and take out. Properly the term is applied only to the obtaining and issuing of such process as is only accorded upon an application first

In Spanish law. A small lot of ground. Particularly, su,ch a lot within the limits of a city or town used for cultivation or planting as a garden, vineyard er orchard. Building lot

To suffer an act to be done, by a person who can prevent it, is to permit or censent to it; to approve of it, and not to hinder it. It implies a willingness of the mind. See In re

Toleration; negative permission by not forbidding; passive consent ; license implied from the omission or neglect to enforce an adverse right. —Sufferance wharves. In English law.

In English law. These are wharves in which goods may be landed before any duty is paid. They are appointed for the purpose by the commissioners of the customs. 2 Steph. Comm. 500,

Lat A grant or sufferance of peace or truce.

A recovery was effected by the party wishing to convey the land suffering a fictitious action to be brought against him by the party to whom the land was to be conveyed, (the deman

As to sufficient "Consideration" and "Evidence," see those titles.

Adequate evidence; such evidence, in character, weight, or amount, as will legally justify the judicial or official action demanded; according to circumstances, it may be "prima fa

Bishops who in former times were appointed to supply the place of others during their absence on embassies or other business were so termed. They were consecrated as other bishops

A vote; the act of voting; the right or privilege of casting a vote at public elections. The last is the meaning of the term in such phrases as "the extension of the suffrage," "un

Lat. In Roman law. A vote; the right of voting in the assemblies of the pcople. Aid or influence used or promised to obtain some honor or office; the purchase of office. Cod. 4, 3.

Lat. Suggestion or representation of that which is faise; false representation. To recite in a deed that a will was duly executed, when it was not, is suggestio falsi; and to conce

In practice. A statement, formally entered on the record, of some fact or circumstance which will materially affect the further proceedings in the cause or which is necessary to be

A phrase which has been used by some writers to signify the same thing as "leading question." 2 Benth. Jud. Ev. hi 3, c. 3. It is used in the French law.

Upon condition. The proper words to express a condition in a conveyance, and to create an estate upon condition. Graves v. Deterling, 120 N. Y. 447, 24 N. D. 655.

Under a qualification; subject to a restriction or condition.

Suicide is the willful and voluntary act of a person who understands the physical nature of the act, and intends by it to accomplish the result of self-destruction. Nimick v. Mutua

Lat Of its own kind or class; i. e., the only one of its own kind; peculiar.

Lat In the civll law. One's own heirs; proper heirs. Inst 2, 19, 2.

is a clause in an English policy of marine insurance, generally in the following form: "In case of any loss or misfortune, it shall be lawful for the assured, their factors, servan

In old English law. The witnesses or followers of the plaintiff. 3 Bl. Comm. 295. See Secta. Old books mention the word in many connections which are now disused,—at least, in the

Lat In the civil law. The condition or quality of a suus hæres or proper heir. Hallifax, Civll Law, hi 2, c. 9, no. 11; Calvin.

Those persons who by his authority follow or attend an ambassador or other public minister.

An allowance, in the nature of temporary alimony, authorized by statute in some states to be made to a wife on the institution of her suit for divorce, intended to cover the reason

A party to a suit or action in court. In its ancient sense, "suitor" meant one who was bound to attend the county court; also one who formed part of the seeta.

Formerly suitors in the English court of chancery derived no income from their cash paid into court, unless it was invested at their request and risk. Now, however, it is provided

A fund in the English court of chancery into which the fees of suitors in that court were paid, and out of which the salaries of various officers of the court were defrayed. Wharto

In England. A fund consisting of moneys which, having been paid into the court of chancery, are placed out for the benefit and better security of the suitors, including interest fr

In old English law. A small brook or stream of water. Cowell

In old English law. A plow-land. 1 Inst. 5.

In English law. A summary or abstract; a compendium; a collection. Several of the old law treatises are called "sums." Lord Hale applies the term to snm-maries of statute law. Burr

Toll for carriage on horseback. Cowell.

The greatest charity is to do justice to every one, and at any time whenever it may be necessary. 11 Coke, 70.

That is the highest law which favors religion. 10 Mod. 117, 119; Broom, Max. 19.

That consideration is strongest which determines in favor of religion. Co. Litt. 34lo; Broom, Max. 19.

adj. Immediate; peremptory ; off-hand; without a jury; provisional; statutory. —Summary actions. In Scotch law. Those which are brought into court not by summons, but by petition,

In Scotch law. Those which are brought into court not by summons, but by petition, corresponding to summary proceedings in English courts. Bell; Brown. -Summary conviction. See Con

The conviction of a person, (usually for a minor misdemeanor,) as the result of his trial before a magistrate or court, without the intervention of a jury, which is authorized by s

See Jurisdiction.

The jurisdiction of a court to give a judgment or make an order itself forthwith ; e. g., to commit to prison for contempt; to punish malpractice in a solicitor; or, in the case of

This phrase refers to the statute 18 & 19 Vich c. 67, passed in 1855, for the purpose of facilitating the remedies on bills and notes by the prevention of frivolous or fictitious d

Any proceeding by which a controversy is settled, case disposed of, or trial conducted, in a prompt and simple manner, without the nid of a jury, without presentment or indictment,

Such as is immediate or instantaneous, in distinction from the ordinary course, by emanating and taking effect without intermediate applications or delays. Gaines v. Travis, 8 N. Y

A payment to the lords of the wood on the Wealds of Kent, who used to visit those places in summer, when their under-tenants were bound to prepare little summer-houses for their re

On the trial of an action by a jury, is a recapitulation of the evidence adduced, in order to draw the attention of the jury to the salient points. The counsel for each party has t

In practice. To serve a summons ; to cite a defendant to appear in court to answer a suit which has bcen begun against him; to notify the defendant that an action has been institut

In Lat. In old practice, A writ of summons; a writ by which a party was summoned to appear in court

Petty officers, who cite and warn persons to appear in any court. Fleta, 11b. 9.

L. Lat In old English practice. A summoning or summons; a writ by which a party was summoned to appear in court, of which there were various kinds. Spelman.

3 Inst. 141. Let no summonses or citations be served within the king's palace.

Qffl-cers who assisted in collecting the revenues by citing the defaulters therein into the court of exchequer.

In practice. A writ, directed to the sheriff or other proper officer, requiring him to notify the person named that an action has been commenced against him in the court whence the

In English practice. In this phrase the Bummons is the application to a common-law judge at chambers is reference to a pending action, and upon it the judge or master makes the ord

The proper name of what is distinguished in the books by the name of "summons and severance" la "severance;" for the summons is only a process which must, in certain cases, issue b

Lat Strict right; extreme right. The extremity or rigor of the law.

Extreme law (rigor of law) is the greatest injury; strict law is great punishment. Hob. 125. That is, insistence upon the full measure of a man's strict legal rights may work the g

See Sompnour.

Laws made for the purpose of restraining luxury or extravagance, particularly against inordinate expenditures in the matter of apparel, food, furniture, eta

The first day of the week is designated by this name; also as the "Lord's Day," and as the "Sabbath."