Spoliation

In English Ecclesiastical Law. The name of a writ sued out in the spiritual court to recover for the fruits of the church or for the church itself.

Fitzh. N. B. 85.

A waste of church property by an ecclesiastical person.

3 Bla. Com. 90.

An injury done by one incumbent to another, in taking the fruits of his benefice under a pretended title, and without right 3 Steph. Com. 345. In Torts. Destruction of a thing by the act of a stranger: as, the erasure or alteration of a writing by the act of a stranger is called spoliation. This has not the effect to destroy its character or legal effect.

1 Greenl. Ev. § 566.

See In Odium Spoliatoris. In Admiralty Law. By spoliation is also understood the total destruction of a thing: as, the spoliation of papers by the captured party is generally regarded as a proof of guilt; but in America it is open to explanation, except in certain cases where there is a vehement presumption of bad faith; The Pizarro, 2 Wheat. (U. S.) 227, 241, 4 L. Ed. 226; 1 Dods. Admr. 480, 486; Bened. Adm. 310. See Alteration; French Spoliation Claims.

SPONSALIA STIPULATIO SP0NSALITIA (Lat.).

A promise lawfully made between persons capable of marrying each other, that at some future time they will marry.

See Espousals; Ersk. Inst. 1. 6. 3. SP0NSI0 JUDICIALIS (Lat.).

A judicial wager

This corresponded in the Roman law to our feigned issue.