The Cyclopedic Law Dictionary

In old English practice. Simple averment; mere assertion without proof. Bracton, fol. 320. SIMPLEX ET PURA DONATIO DICI POterit, ubi nulla est adjecta conditio nee modus. A gift Is

U old English practice. Simple speech; the mere declaration or plaint of a plaintiff. Called in Fleta, simplex vox. Lib. 2, c. 63, § 9.

A single obligation; a bond without a condition. 2 Bl. Comm. 340. SIMPLEX PEREGRINATIO (Law Lat.) In old English law. Simple p Dgrimage. Fleta, lib. 4, c. 2, I. 2.

ET nimia subtilitas in jure reprobatur. Simplicity is favorable to the law, and too much subtlety is blameworthy in law. 4 Coke, 8. SIIVIUL CUM (Lat, together with). In pleading. W

In the law of evidence. A fabricated fact; an appearance given to things by human device, with a view to deceive and mislead. Burrill, Circ. Ev. 13L

A species of feigned disease, in which disease is actually present, but where the symptoms are falsely aggravated, and greater sickness is pretended than really exists. Beck, Med.

Without the intention of returning. SINE ASSENSU CAPITULI (Lat. without the consent of the chapter). In old English practice. A writ which lay where a dean, bishop, prebendary, abb

In ecclesiastical law. A term used to signify that an ecclesiastical officer is without a charge or cure. In common parlance, it means the receipt of a salary for an office when th

Without Issue. Used in genealogical tables.

One without any condition, and which does not depend upon any future event to give it validity. 5 111. 483.

A bond without a condition.

TRIA^ BY. See "Battel."

An original instrument which is not executed in duplicate.

A purchaser is so termed in the Scotch law, in contradistinction to the heir of the landed proprietor, who succeeds to the whole heritage by regular title of succession, whereas th

Each is bound for the whole. 6 Johns. Ch. (N. Y.) 242, 252.

A fund arising from particular taxes, imposts, or duties, which is appropriated towards the payment of the interest due on a public loan, and for the gradual payment of the princip

quodque erunt numero, singuli In solidum tenentur. If there are more sureties than one, how many soever they shall be, they shall each be held for the whole. Inst, 3. 21. 4; Id. 4.

COGNOMINE, praenomine, agnomine legatarii erraverit; cum de persona constat, nihilominus valet legatum. If the testator has erred in the name, cognomen, praenomen, or title of the

CUM alium percutere vellet, in felonia tenetur. If a man kill one, meaning to kill another, he is held guilty of felony, 3 Inst, 51, SI RECOGNOSCAT (Lat. if he acknowledge). In old

In Scotch practice. A stay or suspension of proceedings, an order for a stay of proceedings. Bell, Diet.

A female person considered in

LITErae patentes vacuae sunt. If the suggestion of a patent is false, the patent itself is void. 10 Coke, 113, SI TE FECERIT SECURUM (Lat. it he make you secure). Words which occur

The high constable o{ a hundred.

Sittings in banc after term were held by authority of St. 1 & 2 Vict. e. 32. The courts were at liberty to transact business at their sittings as in term time, but the custom was t

See "Chambers." SITUS (Lat.) Situation; location. 5 Pet. (U. S.) 524. Real estate has always a fixed sites, while personal estate has no such fixed situs; the law rei sitae regulat

SIVE pars habet regressum emptor in vendltorem. The purchaser who has beeft evicted in whole or in part has an action against the vendor. Dig. 21. 2. 1; Broom, Leg. Max. (3d London

THE. The acts passed in 1819, for the pacification of England, are so called. They, in effect, prohibited the traming of persons to arms; authorized general searches and seizure of

Officers who received and filed all proceedings, signed of Bce copies, attended court to read the pleadings, etc. Abolished by 5 Vict. c. 5. 3 Bl. Comm. 443*; Spence, Eq. Jur.; Fle

Servants of the same nature as rodknlghts. Anc. Inst. Eng.

In commercial law. A blank paper, properly stamped, in those countries where stamps are required, with the name of a person signed at the bottom. In such case, the person signing t

A skiagraph is not a picture of the object or substance itself, but of the shadow merely, which is cast by such object or substance. 149 111. App. 445.

See "Letters of Slains."

In torts. Words maliciously spoken or written of another, imputing to. him some crime, or tending to exclude him from society, and cause him to be avoided (see 87 N. C. 300), or wh

A calumniator who maliciously and without reason imputes a crime or fault to another, of which he is innocent. For this offense, when the slander is merely verbal, the remedy is an

In torts. A statement tending to cut down the extent of title. See 60 Cal. 160. An action for slander of title is not properly an action for words spoken, or for libel written and

One over whose life, liberty, and property another has unlimited control. The jus vitae et necis is included in pure or absolute slavery. Such a power has no foundation in natural

The status or condition ot a slave. The keeping of slaves as a practice or legal institution.

The traffic in slaves, or the buying and selling of slaves for profit. It is either foreign or domestic. The former is when the trade includes transportation from a foreign state;

See "Partner."

An expression used in English coal-mine leases to indicate a fixed rent, as distinguished from a rent based on the output. It is said to be so called because payable though the min

In Insurance law. An informal memorandum of the particulars of a contract of insurance to be afterwards included, usually called in the United States a "binding slip."

A stirrup. There is a tenure of land in Cambridgeshire by holding the sovereign's stirrup.

A swale or slough is a natural depression or natural water course into which surface water may be cast by open or covered drains wholly upon one's own land, without incurring liabi

A rent paid to the castle of Wigmore in lieu of certain days' work in harvest, heretofore reserved to the lord from his tenants. Cowell.

The several county courts established by 9 & 10 Vict, c. 95, for the purpose of bringing justice home to every man's door.

All personal and mixed tithes, and also hops, flax, saffrons, potatoes and sometimes, by custom, wood. Otherwise called "privy tithes." 2 Steph. Comm. (7th Ed.) 726.

Vindictive or exemplary damages given beyond the actual damage, by way of punishment and example, in cases of gross misconduct of defendant. 15 Conn. 225; 14 Johns. (N. Y.) 352; 6

In old English law. An annual rent paid to cathedral churches; another name for the pentecostals or customary oblations offered by the dispersed inhabitants within a diocese, when

A modus of sixpence in lieu of tithe vyood. Twisdale, Hist. Vindicat. 77.

The fraudulent taking into a country, or out of it, merchandise which is lawfully prohibited. More specifically, a secret introduction of goods into a state with intent to avoid pa

In Spanish law. Superior judges. Las Partidas, pt. 3, tit. 4, lib. 1.

or SOBRINAE (Lat.) In the civil law. The children of cousins german in general. Cooper, Just. Inst, notes,* 573; Dig. 38. 10, 3, pr.

A seigniory or lordship, enfranchised by the king, with liberty of holding a court of his socmen or socagers, i. e., his tenants.

This word, according to the earlier common-law writers, originally signified a service rendered by a tenant to his lord, by the soke or ploughshare; but rives it from the Saxon wor

A tenant by socage. SOCAGIUM IDEM EST QUOD SERVIand "soc" is the same thing as a plow. Co. Litt. 86. SOGER (Lat.) The father of one's wife; a father-in-law. SOCIDA (Lat.) In civil

In Spanish law. Partnership. Schmidt, Civ. Law, 153, 154. SOCIETAS (Lat.) In civil law. A contract in good faith made to share in common the profit and loss of a certain business o

In French law. An association where the liability of all the partners is limited. It had in England until lately no other name than that of "chartered company," meaning thereby a j

In Louisiana. A partnership formed by a contract by which one person or partnership agrees to furnish another person or partnership a certain amount, either in property or money, t

In its abstract sense (used with no article prefixed), the public at large; the people; the body politic. In a concrete sense, a voluntary unincorporated associa,tion of persons fo

In the civil law, a partner.

A tenant by socage.

EYee tenure by socage.

A privilege, liberty, or franchise. Cowell.

One who has been guilty of sodomy. Formerly, such offender was punished with great severity, and was deprived of the power of making a will.

A carnal copulation by human beings with each other against nature, or with a beast. 2 Bish. Crim. Law, §1029. A distinction not generally recognized has been made between bestiali

A formal Invocation of the Deity to witness, by which an oath is concluded.

In English law. Let right be done to the party. A phrase written on a petition of right, and subscribed by the king. See "Petition of Rights." SOIT FAIT COMME IL EST DESIRE SOJOURN

Lands and tenements which were not held by knight service, nor by grand serjeantry, nor by petit, but by simple services; being, as it were, lands enfranchised by the king or his p

In English law. Those who held their land in socage. 2 Bl. Comm. 100. SOLA AC PER SE SENECTUS DONAtionem testamentum aut transactionem non vitiat. Old age does not alone and of its

The lord's rent gatherer in the soca. CoweU.

That period of time which begins at sunrise and ends at sunset; the same as "artificial day." Co. Litt. 135a; 3 Chit. St. 1376, note.

In Spanish law. Lots of ground. This term is frequently found in grants from the Spanish government of lands in America. 2 White, Coll. 474. SOLARIUM (Lat.) In the civil law. A ren

A calendar month; the mean quantity of which is thirty days, ten hours, twenty minutes, and five seconds, being one twelfth of the time composing the whole year. 1 Jones L. (N. C.)

Compensation; damages allowed for injury to the feelings.

The name of an instrument in writing, given by a broker to a buyer of merchandise, in •which it is stated that the goods therein mentioned have been sold to him; or one given to th

Alone, single; used in contradistinction to "joint" or "married." A sole tenant, therefore, is one who holds lands a sole corporation is one composed of only one natural person.

A corporation consisting of one person and his legal successors, thus having the attribute of perpetuity, as a bishop of the Roman Catholic Church or of the Church of England.

Formal; in regular form.

In English law. Probate may be granted either in solemn form or in common form. Probate in solemn form is only employed when there is or is likely to be a dispute as to the validit

The formality established by law to render a contract, agreement, or other act valid. A marriage, for example, would not be valid if made in jest and without solemnity. See "Marria

A war made in form by public declaration. See "War." SOLEMNES LEGUM FORMULAE (Lat.) In the civil law. Solemn forms of laws; forms of forensic proceedings and of transacting legal a

He that holds lands by his own right only, without any other person being joined with him. CoweU.

The asking a person to commit adultery or fornication. This, of itself, is not an indictable of- Connecticut. 7 Conn. 267. In England, the bare solicitation of chastity is punished

A person whose business is to be employed in the care and management of suits depending in courts of chancery. A solicitor, like an attorney, will be required to act with perfect g

In English law. A law officer of the crown, appointed by patent during the royal pleasure, and who assists the attorney general in managing the law business of the crown. Selden, 1

The title of one of the officers of the United States, created by Act May 29, 1830 (4 U. S. St. at Large, 414), which prescribed his duties and his rights. His powers and duties as

An officer of the English court of chancery, who is appointed in certain cas€s guardian ad litem.

See "In Solidum." SOLIDUM (Lat.) In the civil law. A whole; an entire or undivided thing. See "In Solidum." SOLINUM (Law Lat.) In old English law. Two plough lands, and somewhat le

In Roman law. The solum italicum, (an extension of the old Ager Romanus) admitted full ownership, and of the application to it of usucajdo; whereas the solum provinciate (an extens

God alone makes the heir. Co. Litt. 5. SOLUTIO (Lat. release). In civil law. Payment. By this term is understood everjr species of discharge or liberation, which is called "satisfa

The state of a person who is able to pay all his debts; the opposite of "insolvency" (g. v.) Imports adequate means of a person to pay his debts, which embraces within its meaning

To be in a state of solvency, i. e., able to pay. SOLVENDO ESSE NEMO INTELLIGItup nisi qui solidum potest solvere. No one is considered to be solvent unless he can pay all that he

One who has sufficient to pay SOLVERE (Lat. to unbind; to untie). To release; to pay. Solvere didmus eum qui fecit quod faoere prortvisit. 1 Bouv. Inst, note 807.

(Lat. from solvere, q. v.) He paid. 10 East, 206. SOLVIT AD DIEM (Lat. he paid at the day). In pleading. The name of a plea to an action on a bond, or other obligation to pay money

A celebrated decision of the English king's bench, in 1771- 72, affirming the extinction of villeinage, and the nonexistence of any other form of slavery in England. SON ASSAULT DE

A tax of forty shillings anciently laid upon every knight's fee. Cowell. SONTICUS (Lat.) In the civil law. That

or SORN. An arbitrary exaction, formerly existing in Scotland and Ireland. Whenever a chieftain had a mind to revel, he came down among the tenants with his followers, by way of co

In Scotch law. A person who takes meat and drink from others by force or menaces, without paying for it. Bell, Diet. SORS (Lat.) In Civil Law. A lot; chance; fortune. Calv. Lex.; A

A mortuary, or customary gift due ministers, in many parishes of England, on the death of parishioners. It was originally voluntary, and intended as amends for ecclesiastical dues

When an action is brought, not for the recovery of lands, goods, or sums of money (as is the case in real or mixed actions, or the personal action of debt or detinue), but for dama