The Cyclopedic Law Dictionary

A railroad constructed on a street for the purpose of conveying passengers and to accommodate street travel, making frequent stops to take on and let off passengers and without reg

In the old books. To narrow or restrict. "The habendum should not streighten the devise." 1 Leon. 58. STREPITUS (Law Lat.) In old records. Estrepement or strip; a species of waste

A rule of judicial interpretation or exposition which follows closely the letter of the statute or instrument construed disfavoring any extension or relaxation of it by implication

See "Foreclosure."

A settlement of lands to the parent for life, and after his death to his first and other sons in tail, with an interposition of trustees to preserve the contingent remainders. STRI

Used as an abbreviated form of "strike out" or "strike off," as a motion "to strike" evidence. The combined act or effort of workmen ing to continue until the concession is granted

In English practice. Entering the creditor's affidavit and bond in bankruptcy. 1 Deac. Bankr. 106.

In English practice. Where, for nicety of the matter in dispute, or other cause, a special jury is necessary, upon motion and rule granted thereon, the sheriff is to attend the pro

Disbarment.

The words "with strong hand" imply a degree of criminal force, whereas the words vi et armis ("with force and arms") are" mere formal words in the action of trespass, and the plain

In pleading. A word essential in an indictment for murder, when the death arises from any wounding, beating, or bruising. 1 Bulst. 184; 5 Coke, 122; 3 Mod. 202; Cro. Jac. 655; Palm

A special jury obtained by striking. See "Striking a Jury."

A term applied to a case which the court, having no jurisdiction over, and not being able to give judgment, order to be taken off the record. This is done by an entry to that effec

or KNOCKED DOWN. Property is understood to be "struck off" or "knocked down" when the auctioneer, by the fall of his hammer, or by any other audible or visible announcement, signif

A harlot, or courtesan. The word was formerly used as an addition. Jacob.

The robe of barristers who have not been made queen's or king's counsel. See "Silk Gown." STULTIFY (Lat. stidtus, stupid). To It has been laid down by old authorities (Litt. § 405;

In old English law. Vicious or disorderly pleading, for which a fine was imposed by King John, supposed to be the origin of the fines for beaupleader (g. V.) Crabb, Hist. Eng. Law,

Depreciated currency. 35 111. 163.

In medical jurisprudence. That state of the mind which cannot perceive and embrace the data presented to it by the senses, and therefore the stupid_ person can, in general, form no

As a verb, to call, name, or entitle one; as a noun, the title or appellation of a person. The names in which a cause is entitled. SUA SPONTE (Lat.) Of his or its own motion, SUAPT

A person appointed by an agent to perform some duty, or the whole of the business relating to his agency. See "Agent." SUB-BALLIVUS (Law Lat.) In old English law. An under bailiff;

Upon condition; under condition. SUB DISJUNCTIONS (Law Lat.) In the alternative. Fleta, lib. 2, c, 60, § 21. SUB JUDICE (Lat.) Under or before a judge or court; under judicial cons

A contract by one who has contracted for the performance of labor or service with a third party for the whole or part performance of that labor or service. 9 Mees. & W. 710; 3 Gray

To divide a part of a thing which has already been divided. For example, when a person dies leaving children, and grandchildren, the children of one of his own who is dead, his pro

In English probate practice, to subduct a caveat is to withdraw it. SUBHASTARE (Lat.) In the civil law. To sell at public auction, which was done sub hastn, under a spear; to put o

The act of an Inferior lord by which "he carved out a part of an estate which he held of a superior, and granted it to an inferior tenant to be held of himself. It was an indirect

An easement of support of the soil as against an adjoining tract of land, so that the dominant tract shall not fall in by reason of undermining or withdrawal of support from beneat

In Scotch Law. The thing which Is the object of an agreement. In Governmental Law. An individual member of a nation, who is subject to the laws. This term is used in contradistinct

The right which one party claims as against the other, and claims the judgment of the court upon. 41 Mich. 93. The cause of action. 15 N. Y. 509. SUBJECTION (Lat. sub, under, jado,

Remove the foundation, the structure or work falls. Jenk. Cent. Cas. 106. SUBLATO PRINCIPALI TOLLITUR ADjunctum. If the principal be taken away, the adjunct is also taken away. Co.

A lease by a tenant to another person of a part of the premises held by him, or a part of his term; an under lease. If the whole preinises be let by the tenant for his entire term,

Tbs sudden disappearance of riparian lands under the water, whereby they are lost to the owner. See lOON.Y. 424. SUBMISSION (Lat. submissio, — sub, under, mittere, to put, — a putt

To hamstring by cutting the sinews of the legs and thighs. It was an old custom meretrices et impudieas mu Meres subnervare, Wharton. SUBNOTATIONS (Lat.) In civil law. The answers

In criminal law. The procuring another to commit legal perjury, who, in consequence of the persuasion, takes the oath to which he has been incited. Hawk. P. C. bk. 1, c. 69, § 10.

In French law. The fraud committed to obtain a pardon, title, or grant, by alleging facts contrary to truth. SUBROGATIO EST TRANSFUSIO UNIUS credi'toris in alium, eadem vel mitiori

The substitution of another person in the place of a claimant, to whose rights he succeeds in relation to the claim. That change which puts another person in the place of the credi

A person who is subrogated; one who succeeds to the rights of another by subrogation.

Surroguer. L. Pr. To make a deputy or surrogate; to substitute. Kelham.

Under safe and secure conduct. 1 Strange, 430. Words in the old writ of habeas corpus. SUB SILENTIO (Lat.) Under silence; without any notice being taken. Sometimes passing a thing

To write under, 54 L. J. Q. B. 213; 14 Q. B. D. 667; to give assent to; to attest; 24 L. J. Q. B. 171; 4 E. & B. 450; placing a signature at the end of an instrument, 4 Colo. 282.

One who subscribes his name to a writing in order to be able at a future time to prove its due execution; an attesting witness. In order to make a good subscribing witness, it is r

A list of subscribers to some agreement with each other or a third person. SUBSELLIA (Lat. from sub, under, and sella, a seat). In the Roman law. Lower seats or benches, occupied b

A legislative grant of money in aid of a private enterprise deemed to promote the public welfare. In English Law. An aid, tax, or tribute granted by parliament to the king for the

That portion of the body of the law which contains the rights and duties and the regulations of government, as opposed to that part which contains the rules and remedies by which t

See "Service."

In Scotch law. Where an estate is settled on a long series of heirs, substituted one after another, in tailzie, the person first called in the tailzies is the institute; the rest t

or SUBSTITUTIONary. Where a will contains a gift of property to a class of persons, with a clause providing that, on the death of a member of the class before the period of distrib

A person nominated by the testator to be executor in the event that the person primarily nominated shall fail to qualify or cease to act.

An under tenant. SUBTRACTION (Lat. sub, away, traho, to draw). The act of withholding or detaining anything unlawfully., In French law. The act of taking something fraudulently. It

The act of a husband or wife living separately from the other without a lawful cause. 3 Bl. Comm. 94. SUBVASSORES (Law Lat.) In old Scotch law. Base holders; inferior holders; they

In Louisiana. The right and transmission of the rights and obligations of the deceased to his heirs. The estate, rights, and charges which a person leaves after his death, whether

Taxes levied on the sucessions due or inheritance of a decedent's estate. They are variously called "inheritance taxes," "collateral inheritance taxes," "transfer taxes," and perha

One who follows or comes into the place of another. This term is applied more particularly to a sole corporation, or to any corporation. -The word "heir" is more correctly applicab

or SUCH EN. In Scotch law. The whole lands restricted to a mill, — that is, whose tenants are bound to grind there. The possessors of these lands are called "suekeners." Bell, Diet

To commence or continue legal proceedings for the recovery of a right. See "Action;" "Suit."

In practice. To obtain judicially; to issue. Applied only to process; particularly such as is granted specially. To sue out a writ is to obtain and issue it; to issue it on leave o

In Spanish law. A small lot of ground. 5 Tex. 83.

To suffer an act to be done, by a person who can prevent it, is to permit or consent to it; to approve of it, and not

TENANCY AT. See "Tenancy."

Wharves on which goods may be landed before any duty is paid. They are appointed for the purpose by the commissioners of the customs. 16 & 17 Vict. c. 107, § 13; 2 Steph. Comm. 500

A recovery was effected by the party wishing to convey the land suffering a fictitious action to be brought against him by the party to whom the land was to be conveyed (the demand

Vote; the act of voting; the right to vote. SUGGESTIO FALSI (Lat.) A statement of a falsehood. This amounts to a fraud whenever the party making it was bound to disclose the truth.

In practice. Information. It is applied to those cases where, during the pendency of a suit, some matter of fact or circumstance which will materially affect or put a stop to the s

A phrase which has been used by some.writers to signify the same thing as "leading question." 2 Benth. Ev. bk. 3, c. 3. It is used in the French law. SUI GENERIS (Lat.) Of its own

Self-destruction and suicide are synonymous and mean the voluntary destruction of one's self. 29 111. App. 439. If a person who is incapable, by reason of unsoundness of mind, of r

A clause in an English policy of marine insurance, generally in the following form: "In case of any loss or misfortune, it shall be.lawful for the assured, their factors, servants,

In its broadest sense, any proceeding in a court of justice by which a party pursues a remedy which the law affords him. In this sense, it is a broader term than "action," includin

One who is a party to a suit or action in court; one who is a party to an action. In its ancient sense, "suitor" meant one who was bound to attend the county court; also, one who f

Formerly suitors in the English court of chancery derived no income from their cash paid into court unless it was invested _a;t their request and risk. Now, however, it is provided

A fund arising partly from the fees of the English court of chancery, and partly from the surplus income of the suitors' fund (q. v.) Out of it the salaries and other expenses of t

A fund belonging to the English court of chancery, and consisting of two parts. Fund A consisted of government stocks resulting from the investment of so much of the money in court

or SUTER SILVER. A small rent or sum of money paid in some manors to excuse the freeholders' appearance at the courts of their lord. Cowell. SUITAS (Law Lat.) In the civil law. The

A small brook or stream of water. Cowell.

A summary or abstract; a compendium; a collection.

An entire sum, as distinguished from one composed of separate or specified parts. 16 Wend. (N. Y.) 61, 262. SUMMA CARITAS EST FACERE JUSTItiam singulis et omni tempore quando neces

A form of trial in which the ancient established course of legal proceedings is disregarded, especially in the matter of trial by jury, and, in the case of the heavier crimes, pres

A modern term employed to designate criminal trials before magistrates, justices of the peace, or other inferior judicial officers or courts, which trials are not according to the

A payment to the lords of the wood on the Wealds of Kent, who used to visit those places in summer, when their under tenants were bound to prepare little summer houses for their re

In practice. The act of making a speech before a court and jury, after all the evidence has been heard, in favor of one of the parties in the cause, is called "summing up." When th

In practice. To notify the defendant that an action has been instituted against him, and that he is required to answer to it at a time and place named. This is done by a proper ofl

Petty officers who cite men to appear in any court. SUMMONITIO (Law Lat.) In old English practice. A suttimoning or summons; a writ by which a party was summoned to appear in court

Officers who assisted in collecting the revenues by citing the defaulters therein into the court of exchequer.

In Common-Law Practice. The name of a writ commanding the sheriff, or other authorized oflfiicer, to notify a party to appear in court to answer a complaint made against him, and i

See "Severance." SUMMUM JUS (Lat.) Strict right; extreme right. 3 Bl. Comm. 392; 1 Burrows, 54. The extremity or rigor of the law. Burr. Sett. Cas. 588. Lord Bacon applies the phra

SUMMA INJURIA. The

Laws relating to the expenses of the people, and made to restrain excess in apparel, food, drink, furniture, etc They originated in the view that luxury is, in some of its degrees,

The first day of the week. In some of the New England states it begins at sunsetting on Saturday, and ends at the same time the next day; but in other parts of the United States it

A definite period of time at any given locality. What that time is can only be known from scientific calculations. It is not precisely the same on any two days in succession, nor i

An acute prostration from excessive heat of weather; and the same effects may be produced by heat which is not of solar origin. 100 111. App. 195. SUO NOMINE (Lat.) In his own na:m

In maritime law. A person specially employed by the owner of a cargo to take charge of and sell to the best advantage merchandise which has been shipped, and to purchase returning

MORTUIS testibus, erit ad patriam de necessitate recurrendum. The truth of charters is necessarily to be referred to a jury when the witnesses are dead. Co. Litt. 6.

Superfluities do no injury. Jenk. Cent. Cas. 184.

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

Where a church is full by institution, and a second institution is granted to the same church, this is a superinstitution, and necessarily raises the question who is entitled to th

One who has a right to command; one who holds a superior rank; as, a soldier Is bound to obey his superior. In estates, some are superior to others. An estate entitled to a servitu

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

In English Law. A term applied collectively to the three courts of common law at Westminster, namely, the king's bench, the common pleas, the exchequer. It denotes a court of inter

In Scotch law. The dominium directum of lands, without the SUPERNUMERARir (Lat.) In Eoman law. Those advocates who were not statuti (q. V.) The statuti were inscribed in the matric

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 plain and notorio

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