Black's Law Dictionary

Lat In his own name.

Lat At his own peril or risk.

Lat. In Roman law. Household furniture. Dig. 33, 10.

Lat Upon; above; over. —Super altum mare. On the high sen. Hob. 212; 2 Ld. Raym. 1453. —Super praerogativa regis. A writ which formerly lay against the king's tenant's widow for ma

On the high sen. Hob. 212; 2 Ld. Raym. 1453.

In old Scotch law. To have a balance of account due to one; to have one's expenses exceed the receipts.

An agent of the owner of goods shipped as cargo on a vessel, who has charge 6f the cargo on board, sells the same to the best advantage in the foreign market, buys a cargo to be br

Lat. In the civil law. He who has built upon the soil of another, which he has hired for a number of years or forever, yielding a yearly rent. Dig. 48, 18, 1. In other words, a ten

Lat. In the civil law. The alienation by the owner of the surface of the soli of all rights necessary for building on the surface, a yearly rent being generally reserved; also a bu

Co. Litt. 6. The truth of charters is necessarily to be referred to a jury, when the witnesses are dead.

Superfluities do not prejudice. Jenk. Cent 184. Surplusage does not vitiate.

In English law, are lands acquired by a railway company under its statutory powers, and not required for the purposes of its underinking. The company is bound within a certain time

In medical jurisprudence. The formation of a fœtus as the result of an impregnation ocourring after another impregnation, but before the birth of the offspring produced by it. Webs

Lat. In the civil law. A species of obliteration. Dig. 28, 4, 1, 1.

The institution of one in an office to which another has been previously instituted; as where A. is admitted and instituted to a benefice upon one title, and B. is admitted and ins

In English law. An officer who superintends the registers of births, deaths, and marriages. There is one in every poor-law union in England and Wales.

Higher; more elevated in rank or office. Possessing larger power. Entitled to command, influence or control over another. In estates, some are superior to others. An estate entitle

In Scotch law. A feudal relation corresponding with the English "lord and tenant." Bell.

In English law. The courts of the highest and most extensive jurisdiction, viz., the court of chancery and the three courts of common law, i. e., the queen's bench, the common plea

A term recently introduced into the law of negligence, and meaning one higher in authority than another, and whose commands and directions his inferiors are bound to respect and ob

In the law of bailments and of negligence, an uncontrollable and irresistible force, of human agency, producing results which the person in question could not avoid; equivalent to

In Scotch law. The dominium directum of lands, without the profit 1 Forb. Inst. pt. 2, p. 97.

Over-swearing. A term anciently used when a criminal endeavored to excuse himself by his own oath or the oath of one or two witnesses, and the crime objected against him was so pla

Lat. In Roman law. Advocates who were not registered or enrolled and did not belong to the college of advocates. They were not attached to any local jurisdiction. See Statuti.

Lat. Surcharging a common; i. e, putting in beasts of a number or kind other than the right of common allows. —Superoneratione pasturæ. A judicial writ that lay against him who was

A judicial writ that lay against him who was impleaded in the county court for the surcharge of a common with his cattle, in a case where he was formerly impleaded for it in the sa

In old English law. Overplus; surplus; residue or balance. Bract, fol. 301; Spelman.

A writ which formerly lay against the king's tenant's widow for marrying without the royal license. Fitzh. Nat. Brev. 174.

To annul; to stay; to suspend. Thus, it ls said that the proceedings of outlawry may be superseded by the entry of appearance before the return of the exigent, or that the conrt wo

Lat In practice, A writ ordering the suspension or superseding of another writ previously issued. It directs the officer to whom it is Issued to refrain from executing or acting un

A writ, upon the statute 1 Edw. III. c. 12, that lay against the king's tenant holding in chief, who aliened the king's land without his license.

A writ which lay against a sheriff or other officer who distrained in the king's highway, or on lands anciently belonging to the church. —Super statuto facto pour seneschal et mars

A writ which lay against him who kept any servants who had left the service of another contrary to law.

In English law. When lands, tenements, rents, goods or chattels are given, secured or appointed for and towards the maintenance of a priest or chaplain to say mass, for the mainten

See that title.

A surveyor or overseer; a highway officer. Also, in some states, the chief officer of a town; one of a board of county officers. —Supervisors of election. Persons appointed and com

Persons appointed and commissioned by the judge of the drcuit court of the United States in cities or towns of over 20,000 inhabitants, upon the written application of two citizens

Upon view of the body. When an inquest is held over a body found dead, it must be super visum corporis.

Something added to supply defects in the thing to which it is added or in aid of which it is made. —Supplemental affidavit. An affidavit made in addition to a previous one, in orde

An affidavit made in addition to a previous one, in order to supply some deficiency in it. Callan v. Lu-kens, 89 Pa. 136.

One which was filed in chancery for the purpose of correcting, adding to, and explaining an answer already filed. Smith, Chi Pr. 334. French v. Edwards, 9 Fed. Cas. 780.

A further claim which was filed when further relief was sought after the bringing of a claim. Smith, Ch. Pr. 655.

Under the codes of practice obtaining m some of the states, this name is given to a complaint filed in an action, for the purpose of supplying some defect or omission in the origin

In equity pleading. A bill filed in addition to an original bill, in order to supply some defect in its original frame or 8trucfure. It is the appropriate remedy where the matter s

A separate proceeding in an original action, in which the court where the action is pending is calied upon to exercise its jurisdiction in aid of the judgment in the action. Bryant

See Oath.

The actor in or party preferring, a petition of right

Lat. In the civll law. A petition for pardon of a first offense; also a petition for reversal of judgment; also equivalent to "duplicatio," which corresponds to the common law rejo

In English law. The name of a writ Issuing out of the king's bench or chancery for inking sureties of the peace. It is commonly directed to the justices of the peaco, when they are

Cat In the civil law. Punishment; corporal punishment for crime. Death was called "ultimum supplicium," the last or extreme penalty.

In English law. The "supplies" in parliamentary procoedings signify the sums of money which are annually voted by the house of commons for the muintenance of the crown and the vari

n. The right of support is an easement consisting in the privilege of resting the joists or bcams of one's house upon or inserting their ends into, the wall of an adjoining house b

Lat Suppression or concealment of the truth. "It is a rule of equity, as well as of law, that a suppress io veri is equivalent to a suggestio falsi; and where either the suppressio

Suppression of the truth is [equivalent to] the expression of what is false. Addington v. Allen, 11 Wend. (N. Y.) 374, 417.

Suppression of the truth is (equivalent to] the suggestion of what is false. Paul v. Hadley, 23 Barb. (N. Y.) 521, 525.

Lat. Above; upon. This word occurring by itself in a book refers the reader to a previous part of the book, like "ante;" it is also the initial word of several Latin phrases. —Snpr

In mercantile law. A term applied to an acceptance of a bill by a third person, after protest for nonacceptance by the drawee. 3 Kent, Comm. 87.

Upper riparian; higher up the stream. This term is applied to the estate, rights, or duties of a riparian proprietor whose land is sifuated at a point nearer the source of the stre

The sinte of being supreme or in the highest station of power; paramount authority; sovereignty; sovereign power. —Act of supremacy. The English stafute 1 Eliz. c. 1, whereby the s

Supreme power can dissolve itself. Bac. Max.

A court of high powers and extensive jurisdiction, existing in most of the states. In some it is the official style of the chief appellate court or court of last resort. In others

In American law. An appellate tribunal, and the court of last resort, in the state of Connecticut.

The court formed by the English judicature act, 1873, (as modified by the judicature act, 1875, the appellate jurisdiction act, 1876, and the judicature acts of 1877, 1879, and 188

The court of last resort in the federal judicial system. It is vested by the constitution with original jurisdiction in ali cases affecting ambassadors, public ministers, and consu

In American law. An appellate tribunal, and the court of last resort, in the states of Mnine, Massachusetts, and New Hampshire.

The highest authority in a slate, all other powers in it being inferior thereto.

Lat Last; the last

He is last whom no one follows. Dig. 50, 16, 92.

Fr. On; upon; over. In the titles of real actions "sur" was used to point out what the writ was founded upon. Thus, a real action brought by the owner of a reversion or seigniory,

n. An overcharge; an exaction, inipost or incumbrance beyond what is justand right or beyond one's authority or power. "Surcharge" may mean a second or further mortgage. Wharton. v

See Cut Ante Divortium.

A writ that lay for the heir of a woman whose husband had aliened her land in fee, and she had omitted to bring the writ of cui in vtta for the recovery thereof; in which case her

Lat. In the civil law. Deaf; a deaf person. Inst. 2, 12, 3. 8urdus et mutus, a deaf and dumb person.

In French law. A party desirous of repurchasing property at auction before the court, can, by offering one-tenth or one-sixth, according to the case, in addition to the price reali

A surety is one who at the request of another, and for the purpose of securing to him a benefit, becomes responsible for the performance by the latter of some act in favor of a thi

A company, usually incorporated, whose business is to assume the responsibility of a surety on the bands of officers, trustees, executors, guardians, etc., in consideration of a fe

Surety of the peace is a species of preventive justice, and consists in obliging those persons whom there is a probable ground to suspect of future misbehavior, to stipulate with,

The contract of suretyship is that whereby one obligates himself to pay the debt of another in consideration of credit or indulgenco or other benefit given to his principal, the pr

See Water.

One whose profession or occupation is to chre diseases or injuries of the body by manual operation; one whose occupation is to cure local injuries or disorders, whether by manual o

Formerly where a defendant pleaded a local custom, for instance, a custom of the city of London, it was necessary for him to "surmise," that is, to suggest that such custom should

The family name; the name over and above the Christian name. The part of a name which is not given in baptism; the last name; the name common to ali members of a famliy.

In English ecclesiastical law. Fees payable on ministerial offices of the church; such as baptisms, funerals, marriages, etc.

That which remains of a fund appropriated for a particular purpose; the remainder of a thing; the overplus; the residue. See People's F. Ins. Co. v. Parker, 35 N. J. Law, 577; Towe

In pleading. Allegations of matter wholly foreign and impertinent to the cause. A11 matter bsyond the circumstances necessary to constitute the action. 3se Sinte v. Whitehouse, 95

A greater disbursement than the charge of the accountant amounts unto. In another sense, "surplusage" is the remainder or overplus of money left. Jacob.

Surplusage does no harm. 3 Bouv. Inst no. 2949; Broom, Max. 627.

See Earnings.

the amount owned by the company over and above its capital and acfuai liabilities. People v. Com'rs of Taxes, 76 N. Y. 74. Defined under Earnings in Black's Law Dictionary.

In equity practice. The act by which a party who is entering into a contract is taken unawares, by which sudden contusion or perplexity is created, which renders it proper that a c

In pleading. The plaintiff's answer of fact to the defendant's rebutter. Steph. PI. 59.

In pleading. The plaintiff's answer of fact to the defendant's rejoinder. Steph. PI. 59.

A yielding up of an estate tor life or years to him who has an immediate estote in reversion or remainder, by which the lesser estate is merged in the ,greater by mutual agreement.

The act, by bail or sureties in a recognizance, of giving up their principal again into custody.

This phrase is properly applied to cases where the tenant for life or years has been a party to some act the validity of which he is by law afterwards estopped from disputing, and

The person to whom a surrender is made.

In bankruptcy practice. The surrender to the assignee in bankruptcy, by a preferred creditor, of anything he may have received under his preference and any advantage it gives him,

The mode of conveying or transferring copyhold property from one person to another is by means of a surrender, which consists in the yielding up of the estate by the tenant into th

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

One who makes a surrender. One who yields up a copyhold estote for the purpose of conveying it