The Cyclopedic Law Dictionary

The day on which transactions for the "account" are made up on the English stock exchange. In consols, they are monthly; in other investments, twice in the month.

In practice. To separate; to Insist upon a plea distinct from that of other codefendants. by two or more persons separately, each binding himself for the whole; a several action is

Separate actions, the opposite of "joint actions," in which the plaintiffs combine their causes. See "Joinder of Actions."

See "Count;" "Indictment."

A covenant by two or more, separately; a covenant made so as to bind the parties to it severally or individually.

Prior to the com mon-law procedure acts of 1852-1860, _ it was necessary, in England, that the plaintiff in ejectment should make a demise, and that he should have the legal estate

A right to flsh in private water, either exclusively, or in conjunction with the owner of the soU. 1 Kent, Comm. 410, and note.

An Inheritance conveyed so as to descend to two persons severally, by moieties, etc.

To separate is to disunite, to divide, to disconnect, to sever. 9 111. App. 370.

An entail severally to two; as, if land is given to two men and their wives, and to the heirs of their bodies begotten. Here the donees have a joint estate for their two lives, and

A tenancy which is separate, and not held jointly with another person.

ESTATE IN. An estate which is held by the tenant in his own right only, without any other being joined or connected with him in point of interest during the continuance of his esta

The separation of a part of a thing from another; for example, the separation of machinery from a mill is a estate, becomes by the severance personalty, unless such severance be me

That which passes through a sewer. A secondary meaning is derived from the usual character of the contents of a sewer and as used in that sense the word signities the refuse and fo

The sixth decretal.

(L. Lat.) In old English law. Seisin; possession of lands; or of a freehold estate in lands. Bract, fol. 38b, 39.

In the civil law, an abbreviation of sine fraude sua, without fraud on his part. S. P. An abbreviation of sine prole, without issue. An abbreviation of "same point," or "same princ

COMMON OF. The right of persons occupying lands lying together in the same common field to turn out their cattle after harvest to feed promiscuously in such field.

British Cases. Great care is to be employed in using or construing this word. Its various meanings range under two general classes according as it is used, as implying futurity; or

One which is palpably false in fact, though it be good in f orrti.

A portion of anything. Sometimes shares are equal; at other times they are unequal. In companies and corporations, the whole of the capital stock is usually divided into equal port

In equal shares or proportions.

A share warrant to bearer is a warrant or certificate under the seal of the company, stating that the bearer of the warrant is entitled to a certain number or amount of fully paid

A customary gift of corn, which, at every Christmas, the farmers in some parts of England give to their smith for sharpening their plow irons, harrow tines, etc. Blount.

Sometimes used to denote the act of obtaining the property of another by oppression and extortion; but it also denotes the buying of existing notes and other securities for money,

A riding, tithing, or division in the Isle of Man, where the whole island is divided into six sheadings, in each of which there is a coroner or chief constable appointed by a deliv

A service turned into money, which was paid because anciently the tenants used to wash the lord's sheep.

RULE IN. "When the ancestor, by any gift or conveyance, taketh an estate of freehold, and in the same gift or conveyance an estate is limited, either mediately or immediately, to h

COURT OF. A court held before the lord warden of the Cinque Ports. A writ of error lay from the mayor and jurats of each port to the lord warden in this court, and thence to the qu

The body of the lordship of CaerdifE in South Wales. Pow. Hist. Wal. 123. SHERIFF (Sax. seyre, shire, reve, keeper). A county officer representing the executive or administrative p

The office of sheriff.

In Scotch law. The principal sheriff pf a county, who is also a judge.

A rent formerly paid by a sheriff, and it is prayed that the sheriff in his account may be discharged thereof. Eot. pari. 50 Edw. III.

In Scotch law. A court having an extensive civil and criminal jurisdiction. Its judgments and sentences are subject to review by the court of session and court of justiciary. Alls.

A tribunal having cognizance of personal actions under the London (city) small debts act of 1852 (21 & 22 Vict. c. 157, § 3). See 11 & 12 Vict. c. 121; 15 & 16 Vict. c. 127; 18 & 1

In practice. A jury composed of no determinate number, but which may be more or less than twelve, summoned by the sheriff for the purposes of an inquisition or inquest of of Hce. 3

Bailiffs, who are either bailiffs of hundreds, or bound bailiffs.

A court of record in England, held twice each year, within a month after Easter and Michaelmas, before the sheriff, in different parts of the county. It is, indeed, only the turn o

In English law. A tenure by the service of providing entertainment for the sheriff at his county courts; a common tax, formerly levied for the sheriff's diet. Wharton.

The jurisdiction of a sheriff. Doctor & Stud, dial 2, c. 42, p. 232. Called, in modern law, "bailiwick." The office of a sheriff. Finch, Law, bk. 4, c. 25.

A word used by the authorities of the Roman Church, to specify contemptuously the technical parts of the law, as administered by nonclerical lawyers. Bac. Abr.

In the practice of the English show the property to be viewed, and are hence called "shewers." There is usually a shewer on behalf of each party. Archb. Prac. 339 et seq.

In English law. To be quit of attachment in a court, in plaints shewed and not avowed. Obsolete.

A shifting clause in a settlement is a clause by which some other mode of devolution is substituted for that primarily prescribed. Examples of shifting clauses are: The ordinary na

Such a use as takes effect in derogation of some other estate, and is limited expressly by the deed, or is allowed to be created by some person named in the deed. Gilb. Uses (Sugde

A vessel employed in navigation; for example, the terms the ship's papers, the ship's husband, shipwreck, and the like, are employed whether the vessel referred to be a brig, a sch

In Scotch law. The offense of breaking into a ship. Arkley, 461.

One who transacts business relating to vessels and their employment between the owners of vessels and merchants who send cargoes.

In the charter parties with the English East India Company these words occur. Their meaning is, damage from negligence, insufficiency, or bad stowage in the ship. Doug. 272; Abb. S

A tax levied on ports, towns, cities, boroughs, and counties to provide money for equipping the navy. It existed in England, and was finally abolished in the reign of Charles I. af

The consignor of goods to a ship or common carrier for transportation.

A generic term for all marine craft, and for the things and matters which are incident to it.

An agreement, in writing or print, between the master and seamen or mariners on board his vessel (except such as shall be apprenticed or servant to himself or owners), declaring th

In maritime law. An agent appointed by the owner of a ship, and invested with authority to make the requisite repairs, and attend to the management, equipment, and other concerns o

The papers or documents required for the manifestation of the ownership and national character of a vessel and her cargo, and to show her compliance with the revenue and navigation

The loss of a vessel at sea, eithe:^ by being swallowed up by the waves, by running against another vessel or thing at sea, or on the coast.

He that keeps the county court. SHIRE GEMOT (spelled also, scire gemote, sew gemot, seyre gemote, shire mote; from the Saxon seir or scyre, county, shire, and gemote, a court, an a

or SCYRE MAN. Before the Conquest, the judge of the county, by whom trials for land, etc., were determined.

A building in which goods and merchandise are sold at retail; where a retail trade is carried on; a blacksmith's shop is rather a warehouse than a shop. 7 J. P. 132. See "Stores".

In old records, a shop. Cowell. SHORE (Lat. litus. Uttus). Land on the margin of the sea, or a lake, or river. That space of. land which is alternately covered and left dry by the

The term "shore line," in natural fresh water rivers, is usually used as meaning low water mark, 224 111. 57.

In English chancery practice, and in some of the United States, a cause the trial of which will take but a short time, and which may accordingly be put on a special calendar for sp

In English practice. Four days' notice of trial. Wharton, "Notice of Trial at Common Law;" 3 Chit. St. 148; 1 Cromp. & M. 499. Where short notice has been given, two days is suffic

See "Gambling Contract." mons or writ. It exists in New York and in other states.

The presentation, on a hearing appointed for that purpose, of reasons and facts to control the action of the court in respect to a certain specified order or determination.

The office of sheriff; the period of that office.

A lawyer who conducts business in a knavish or dishonest way. SI. In Latin phrases. If.

ET erunt omnia omnibus incerta. If you depart from the law, you will wander without a guide, and everything will be in a state of uncertainty to every one. Co. Litt. 227.

ET finis negotio impositus est, finltur societas. If there is a partnership in any matter, and the business is ended, the partnership ceases. 16 Johns. (N. Y.) 438, 489. SI ALIQUID

A little current of water, which Is dry in summer; a water furrow or gutter. • Cowell.

A sort of money current among the ancient English, of the value of 2d.

The state of being sick or suffe'ring from disease; a diseased condition of the system; illness; ill health; a disease; a malady; a particular kind of disorder; a diseased, distrac

If It be certain who is the person meant. SI CONTINGAT (Lat. if it happen). Words of condition in old conveyances. 10 Coke, 42a.

As at another time, or heretofore. This was a second writ sent out when the first was not executed.

As we have formerly commanded you. 70 111. App. 179; 172 111. 196. SICUT ME DEUS ADJUVET (Lat.) So help me God. Pleta, lib. 1, c. 18, § 4. SICUT NATURA NIL FACIT PER SALtum, Ita ne

See "Plea Side."

In English practice. Rules which were formerly moved for by attorneys on the side bar of the court, but now may be had of the clerk of the rules, upon a praecipe. These rules are,

Scions or descendants. SIERVO (Spanish). In Spanish law. A slave. Las Partidas, pt. 4, tit. 21, lib. 1.

Presentment. Bills of exchange are frequently drawn payable at sight, or a certain number of days or months after sight. SIGILLUM (Lat.) A seal.

QUIA cera sine Impressione non est siglllum. A seal is a piece of wax impressed, because wax without an impression is not a seal. 3 Inst. 169. But see "Seal." SIGLA (Lat.) In Roman

To make a mark. The signature Is the sign thus made. 140 Iowa 80. Signing does not necessarily mean a written signature, as distinguished from a signature by mark, by print, by sta

In Ecclesiastical Law. The name of a sort of rescript, without seal, containing the supplication, the signature of the pope or his delegate, and the grant of a pardon. Diet. Dr. Ca

A seal commonly used for the sign manual of the sovereign. Wharton. The signet is also used for the purpose of civil justice in Scotland. Bell, Diet. SIGNIFICATION (Lat. signum, a

In English Practice. The plaintiff or defendant, when the cause has reached such a stage that he is entitled to a judgment, obtains the signature or allowance of the proper officer

In English law. The signature of the king to grants or letters patent, inscribed at the top. 2 Bl. Comm. 347*. Any one's name written by himself. Webster; Wharton. The sign manual

OMNIA DIXeris. If you affirm that one is ungrateful, in that you include every charge. A Roman maxim. Tray. Lat. Max.

If it be so. Emphatic words in the old writ of mandamus to a judge, commanding him, if the fact alleged be truly stated (si ita est), to affix his seal to a bill of exceptions. 5 P

COGNOSCE. If you judge, understand. SI MELIORES SUNT QUOS DUCIT amor, plures sunt quos corrlgit timor. If those are better who are led by love, those are the greater number correct

Laws are silent amidst arms. 4 Inst. 70.

Those who take no active part in the management of the business. They may be either ostensible or secret partners. Dormant Partners. Such as are both secret and silent partners. Th

The professional robe worn distinctive badge of queen's or king's counsel, SILVA CAEDUA (Lat.) By these words, in England, is understood every sort of wood, except gross wood of th

Casuum diversorum inter se collatorum similis ratio; quod in uno simillum valet, valebit in altero. Dissimillum, dissimilis est ratio. Legal similarity is a similar reason which go

In ecclesiastical law. The selling and buying of holy orders or an ecclesiastical benefice. Bac. Abr. By "simony" is also understood an unlawful agreement to receive a temporal rew

Particular average (g, V.)

A contract the evl-, dence of which is merely oral or in writing, not under seal nor of record. 1 Chit. Cont. 1; 1 Chit. PI. 88. And see 11 Mass. 30; 11 East, 312; 4 Barn. & Aid. 5

A deposit made, according to the civil law, by one or more persons having a common interest.

The felonious takhig and carrying away the personal goods of another, unattended by ac Jts of violence. It is distinguished from "compound larceny, which is stealing from the perso

A simple or passive trust corresponds with the ancient use, and is where property is simply vested in one person for the use of another, and the nature of the trust, not being qual

In Scotch law. An obligation to warrant or secure from all subsequent or future deeds of the grantor. Whlshaw. A simple warranty against the grantor's own acts. SIMPLEX (Lat.) Simp

In ecclesiastical law. A minor dignity in a cathedral or collegiate church, or any other ecclesiastical benefice, as distinguished from a cure of souls. It may therefore be held wi