The Cyclopedic Law Dictionary

The protection by force of one's person or property from unlawful injury. The force used must be no more than is reasonably necessary to repel the hended. Thus, an assault with the

See "Suicide." SELF-EXECUTING —CONSTITUTIONAL provisions. Constitutional provisions are self-executing when it appears they shall take immediate effect, and ancillary legislation i

Evidence which either serves or disserves the party is so called. This species of evidence is either self-serving (which is not in general receivable), or self -disserving, which i

A ridge of ground rising between two furrows, containing no certain quantity, but sometimes more and sometimes less. Termes de la Ley.

One who disposes of a thing in consideration of money; a vendor. This term is more usually applied in the sale of chattels; that of "vendor" in the sale of estates. See "Sale."

The term as used on the board of trade means that the seller has until the last day of the month in which to make a delivery of any grain contracted to be sold. 79 111. 353.

This case decided, in 2 Jac. I., that "every man's house [meaning his dwelling-house only] is his castle," and that the defendant may not break open outer doors in general, but onl

Once a citizen always a citizen. Tray. Lat. Max. 555. SEMEL MALUS SEMPER PRAESUMltur esse malus in eodem genere. Whoever is once bad is presumed to be so always in the same degree.

In the civil law, the collected decisions of the emperors in their councils.

or SEMESTRE (Lat. from sea;, six, and mensis, month). Of, or for six months. Dig. 27. 1. 41; St. Westminster IL c. 5; 2 Inst. 361. SEMI-MATRIMONIUM (Lat.) In Roman law. Half-marria

In civil law. Presumption of fact. This degree of proof is thus defined: "Non est ignorandum, probationem semiplenam earn esse, per quam rei gestae fides aliqua fit judici; non tam

ut quam tutissimo loco res sit bona fide contracta, nisi quum aperte contra leges scriptum est. Always, in doubtful cases, that is to be done by which a bona fide contract may be i

This Is said to be an ancient word which signified "justice." Co. Litt. 61a.

The name of the less numerous of the two bodies constituting the legislative branch of the government of the United States, and of the several states.

A member of a senatfe. SENATORES SUNT PARTES CORPORIS regis. Senators are part of the body of the king. Staundf. 72 (E); 4 Inst. 53, in marg. SENATORS OF THE COLLEGE OF JUS-

In the civil law. Decisions of the senate; private acts concerning particular persons merely.

In Spanish law. A path; the SENESCHAL1.0 ET MARESHALLO quod non teneat placita de libero tenemento. A writ addressed to the steward and marshal of England, inhibiting them to take

A gradual impale ment of the mental faculties by reason of physical decay and resulting in second childhood.

Old age; a state of mental impairment resulting from old age. See 2 Johns. Ch. (N. Y.) 232,

The elder. This addition is sometimes made to a man's name, when two persons bear the same, in order to distinguish them. In practice, when nothing is mentioned, the senior is inte

In Spanish Law. Dominion or property.

To interpret words sensu honesto is to take them so as not to impute impropriety to the person concerned. SENSUS VERBORUM EST ANIMA LEgis. The meaning of words is the spirit of the

Mills et asper, et verba semper accipienda sunt In mitiore sensu. The meaning of words is twofold, mild and harsh; and words are to be received in their milder sense. 4 Coke, 13. S

A judgment or Judicial declaration made by a judge in a cause. The term "judgment" is more usually applied to civil, and "sentence" to criminal, proceedings. A sentence (in crimina

ET LEGIS INterpretatio legls vim obtlnet. The sentence makes the law, and the interpretation has the force of law.

ET RES JUDIcata pro veritate acclpitur. Judgment creates the right, and what is adjudicated is taken for truth. EUesmere, Postn. 55. SENTENTIA INTERLOCUTORIA REVOcari potest, defln

(L. Lat.) In old English law. Several; a several or separate share or portion. A separate property. SEPARALITER (Lat. separately). A word sometimes used in indictments to show that

A married woman's acknowledgment of a deed, taken apart and privately from her husband.

A demise in a declaration in ejectment used to be termed a "separate denjise" when made by the lessor separately or individually, as distinguished from a demise made jointly by two

That which belongs to one only of several persons; as, the separate estate of a partner, which does not belong to the partnership. 2 Bouv. Inst, note 1519. The separate estate of a

See "Separate Acknowledgment."

The maintenance of a woman by her husband on an agreement to live separately. An allowance made by a husband to his vnle for her separate support and maintenance. Bouvier. See 2 Ro

In old conveyancing. Severally. A word which made a several covenant. 5 Coke, 23a.

A cessation of cohabitation of husband and wife by mutual agreement.

A partial dissolution of the marriage relation. By the ecclesiastical or canon law of England, which had exclusive jurisdiction over marriage and divorce, marriage was regarded as

In England, where a husband is convicted of an aggravated assault upon his wife, the court or magistrate may order that the wife shall be no longer bound to cohabit with him. Such

Seceders from the Church of England. They, like Quakers, solemnly affirm, instead of taking the usual oath, before they give evidence. See 3 & 4 Wm. IV. c. 82,

An inclosure; any place paled in. Cowell.

The place where a corpse is buried. The violation of sepulchres is a misdemeanor at common law.

An offering to the priest for the burial of a dead body. SEQUAMUR VESTIGIA PATRUM NOStrorum. Let us follow the footsteps of our fathers. Jenk. Cent. Cas.

A writ that lay where a summons ad warrantizandum was awarded, and the sheriff returned that he had nothing whereby he might be summoned, then issued an alias and a pluries, and if

Suit of court. Cowell. See "Suit,"

The family retinue and appurtenances to the goods and chattels of villeins, which were at the absolute disposal of the lord. Par. Ant. 216.

Small allowances of meal or manufactured victuals made to the servants at a mill where com was ground, by tenure, in Scotland. See "Thirlage."

In Civil and Ecclesiastical Law. To renounce. Example: When a widow comes into court and disclaims having anything to do or to intermeddle with her deceased husband's estate, she i

A writ issued for the purpose of enforcing a judgment against a beneficed clergyman when a fi. fa. has been issued and returned Tiulla bona. It commands the bishop of the diocese t

In Chancery Practice, A remedy by writ for the taking of property, and the rents and profits thereof, either to enforce a decree, 19 Ency, of PI, & Pr, 640, or to preserve the subj

One to whom a sequestration is made, A depositary of this kind cannot exonerate himself from the care of the thing sequestered in his hands, unless for some cause rendering it indi

In English ecclesiastical law. A judicial writ for the discharging a sequestration of the profits of a church benefice, granted by the bishop at the sovereign's command, thereby to

non praecedere. Power should follow justice, not precede it. 2 Inst. 454.

In feudal law. A term applied to a class of persons who were bound to perform very onerous duties towards others. Poth. des Personnes, pt. 1, tit. 1, a. 6, § 4. There is this essen

An oflS.cer appointed by a legislative body, whose duties are to enforce the orders given by such bodies, generally under the warrant of its presiding officer. SERIATIM (Lat.) In a

An illness attended by danger, giving rise to apprehension; any permanent or material impairment of health. The term does not include the ordinary diseases of the country, but refe

A very ancient and the most honorable order of advocates at the common law. They were called, formerly, "countors," or "serjeant-countors," or "countors of the bench" (in the old l

In English law. An officer who attends the lord mayor of London, and the chief magistrates of other corporate towns. Holthouse.

The inn to which the Serjeants at law belonged, near Chancery Lane; formerly called "Faryndon Inn."

In English law. A species of service which cannot be due or performed from a tenant to any lord but the king, and is either grand or petit serjeanty.

Speech is an index of the mind. 5 Coke, 118.

INtelllgl debet de conditlone personae. A speech relating to the person is to be understood as relating to his condition. 4 Coke, 16. SERMONES SEMPER ACCIPIENDI sunt secundum subje

In feudal law. Where a tenant, besides payment of a certain rent, found one or more workmen for his lord's service. Tomlins. SERVANDA EST CONSUETUDO LOCI ubi causa agitur. The cust

One who serves; one who serves another (termed his master), under a contract of hire; one who serves or undertakes to serve another for a stipulated consideration or wage. 2 Kent's

Bondsmen, or servile tenants. They were of four sorts: (1) Such as sold themselves for a livelihood; (2) debtors sold because they were unable to pay their debts; (3) captives in w

REDEMPTIONE. Criminal slaves in the time of Henry I. 1 Kemble, Sax. 197 (1849).

—In Feudal Law. That duty which the tenant owed to his lord by reason of his fee or estate. The services, in respect of their quality, were either free or base, and in respect of t

SECULAR. Worldly service, as contrasted with spiritual or ecclesiastical. Cpwell.

By the former law of Scotland, before an heir could regularly acquire a right to the ancestor's estate, he had to be served heir. See Bell, Diet.

These are in French law the easements of English law.

In Spanish law. A servitude. The right and use which one man has in the buildings and estates of another, to use them for the benefit of his own. Las Partidas, 3. 31. 1.

A Serjeant- atmace.

Sergeant-at-law. SERVIENS DOMINI REGIS (Law Lat.) In old English law. King's Serjeant; a public officer, who acted sometimes as the sheriff's

In civil law. A term applied to an estate or tenement by or in respect of which a servitude is due to another estate or tenement. See "Easement." SERVILE EST EXPILATIONIS CRIMEN; s

A judicial writ for a man distrained for semces to one, when he owes and performs them to another, for the acquittal of such services. Reg. Jur. 27.

In feudal and old English law. The duty of obedience and performance which a tenant was bound to render to his lord by reason of his fee. Spelman. See Co. Litt. 65a.

IN LEGE ANGLIAE, REGUlariter accipitur pro servitio quod per tenentes dominis suis debetur ratlone feodi sui. Service, by the law of England, means the service which is due from th

A personal service, but due only by reason of lands which were held in fee. Bracton, lib. 2, c. 16.

A serrlce due, not to the chief lord, but to the king.

The ordinary service due the chief lord from his tenants.

A service to be done by feudatory tenants, who were called "liberi homines," and distinguished from vassals, as was their service, for they were not bound to any of the base servic

Knight service; military service. 2 Bl. Comm. 62.

Royal service, or the rights and prerogatives that, within a royal manor, belong to the lord of the same, which are generally reckoned to be the following, viz.: Power of judicatur

Such Servants or messengers of the marshal belonging to the king's bench as vrere heretofore sent abroad with bills or writs to summon men to that court, being now called "tipstave

In Civil Law. The subjection of one person to another person, or of a person to a thing, or of a thing to a person, or of a thing to a thing. A right which subjects a land or tenem

The servitude of letting in a beam; the right of inserting beams in a neighbor's wall. Inst. 2. 3. 1. 4; Dig. 8. 2. 2.

The servitude or right of way; the right of walking, riding, and driving over another's land. Inst. 2. 3. pr.

A slave.

or ASSESS. Rate or tax.

A sitting; a session. Sessio parliamenti, the sitting of parliament. Cowell.

The time during which a legislative body, a court, or other assembly sits for the transaction of business; as, a session of congress, which commences on the day appointed by the co

GREAT, OF WALES. A court which was abolished by St. 1 Wm. IV. c. 70. The proceedings now issue out of the courts at Westminster, and two of the judges of the superior courts hold t

Certain resolutions which are agreed to by both houses at the commencement of every session of the English parliament, and have relation to the business and convenience thereof; bu

See "Court of Session."

A sitting of justices in court upon their commission, or by virtue of their appointment, and most commonly for the trial of criminal cases. The title of several courts in England a

This word appears to be nearly synonymous with "lease." A lease of mines is frequently termed a "mining set." Brown.

To annul; to make void; as, to set aside an award. When proceedings are irregular, they may be set aside on motion of the party whom they injuriously affect. a line to which a numb

The different parts of a bill of exchange, taken together. Each part is a perfect instrument by itself; but the parts are numbered successively, and upon payment of any one, the ot

In practice. A demand, growing out of a distinct transaction, which a defendant makes against the plaintiff in the suit for the purpose of liquidating the whole or a part of his cl

In Scotch law. The grantor of a tack or lease. 1 Forbes, Inst. pt. 2, p. 153.

ACT OF. See "Act of Settlement."

DEED OF. A deed made for the purpose of settling property, i. e., arranging the mode and extent of the enjoyment thereof. The party who settles property is called the "settlor;" an

EQUITY OF. See "Equity to a Settlement."