The Cyclopedic Law Dictionary

Overplus; surplus; residue or balance. Spelman.

A writ which formerly lay against the king's tenant's widow for marrying without the royal license. Fitzh. Nat. Brev. 174.

To stay, stop, interfere with, or annul; e. g., to supersede the proceedings in outlawry, or in bankruptcy, or in lunacy, etc. SUPERSEDEAS (Lat. that you set aside). A stay of proc

1 Edw. III. c. 12. A writ that lay against the king's tenant holding in chief, who aliened the king's land without his license. SUPER STATUTO DE ARTICULIS CLErl. A writ which lay a

In English law. When lands, tenements, rents, goods, or chattels are given, secured, or appointed for and towards the maintenance of a priest or chaplain to say mass; for the maint

LETTERS OF. In Scotch practice. A process by which a party not residing within the jurisdiction of an inferior court may be cited to appear before it. Bell, Diet.

That which is added to a thing to complete it; as, a supplemental aflidavit, which is an additional affidavit to make out a case: a supplemental bill.

In practice. An affidavit made in addition to a previous affidavit, for the purpose of supplying some deficiency in it.

One which was filed in chancery for the purpose of correcting, adding to, and explaining an answer already filed. Smith, Ch. Prac. 334.

In equity practice. A bill brought as an addition to an original bill to supply some defect in its original frame or structure which cannot be supplied by amendment. See 1 Paige Ch

BILL IN THE nature of a. See "Bill in the Nature, etc."

A further claim which was filed when further relief was sought after the bringing of a claim. Smith, Ch. Prac. 655.

In code practice. A complaint supplying some defect or omission in the original complaint, not curable by amendment.

In ecclesiastical law. An oath given by the judge to the plaintiff or defendant upon half proof, as by one witness, already made. The oath, added to the half proof, enables the jud

In English law. Extraordinary grants to the king by parliament to supply the exigencies of the state. Jacob. SUPPONERE (Lat.) In old English law. To put under; to put in place of a

In the law of easements. The right to rest the beams or framework of a building into a wall of an adjoining building. Also rights of lateral and subjacent support which pertain to

To put a stop to anything when actually existing. Does not extend to prevention by suppressing what may lead to it. 34 L. J. M. C. 9; 17 C. P. N. S. 625. SUPPRESSIO VERI (Lat.) Con

SUGGESTIO FALSI. Suppression of the truth is equivalent to the suggestion of what is false. 23 Barb. (N. Y.) 521, 525. SUPRA (Lat.) Above; upon. SUPRA PROTEST (over protest). In me

Sovereign dominion, authority, and pre-eminence; the highest state. In the United States, the supremacy resides in the people, and is exercised by

ACT OF. See "Act of Supremacy."

OATH OF. In English law. An oath to uphold the supreme power of the kingdom in the person of the reigning sovereign.

That which is superior to all other things; as, the supreme power of the state, which is an authority over all others; the supreme court, which is superior to all other courts.

A court of superior jurisdiction in many of the states of the United States and the federal court of last resort. The name is properly applied to the court of last resort, and is s

In American law. An appellate tribunal, and the court of last resort, in the state of Connecticut.

The court formed by the English judicature act of 1873, as modified by the judicature act of 1875, the appellate jurisdiction act of 1876, and the judicature acts of 1877, 1879, an

In American law. An appellate tribunal, and the court of last resort, in the states of Maine, Massachusetts, and New Hampshire. SUPREMUS (Lat.) In the civil law. Last; the last.

QUEM NEMO SEQUItur. He is last whom no one follows. Dig. 50. 16. 92. SUR (French). Upon. In the titles of real actions, "sur" was used to point out what the writ was founded upon.

To put more cattle upon a common than the herbage will sustain, or than the party hath a right to do. 3 Bl. Comm. 237. In case of common without stint, it could only happen when in

A person who binds himself for the payment of a sum of money, or for the performance of something else, for another, who is already bound for the same. See "Suretyship."

An association or corporation engaged in the business of offering itself, in consideration of a premium paid, as a surety for the fidelity of persons in positions of trust, or for

Surety of the peace is a species of preventive justice, and consists in obliging those persons whom there is a probable ground to suspect of future misbehavior, to stipulate with,

An undertaking to anbound as Hhe principal or original debtor is bound. It differs from "guaranty" in this, that suretyship is a primary obligation to see that the debt is paid, wh

Water which spreads over the surface of the ground, or stands in swamps, or percolates through or under the soil. It has its origin most commonly in rains and melted snow. 84 Wis.

A surgeon, formerly, was a mere operator, who joined his practice to that of a barber. At the present time the profession has risen into great and deserved eminence, and surgery is

A name which is added to the Christian name. In modem times, these have become family names. The family name is that which is continued from parent to child. 149 Iowa 672; 31 L. R.

That which is left from a fund which has been appropriated for a particular purpose; the remainder of a thing; the overplus; the residue. See 18 Ves. 466.

——In Accounts. A greater disbursement than the charges amount to; a balance over. 1 Lew. 219. In Pleading. Allegations of matter wholly foreign and impertinent to the cause. AH mat

Surplus-

In equity practice. The act by which a party who is entering into a contract is taken unawares, by which sudden confusion or perplexity is created, which renders it proper that a c

In pleading. The plaintiff's answer to the defendant's rebutter. It is governed by the same rules as the replication. See 6 Comyn, Dig. 185; 7 Comyn, Dig. 389.

In pleading. The plaintiff's answer to the defendant's rejoinder. It is governed in every respect by the same rules as the replication. Steph. PI. 77; Archb. Civ. PL 284; 7 Comyn,

A yielding up of an estate for life or years to him who has an immediate estate in reversion or remainder, by which the lesser estate is merged in the greater by mutual agreement.

The de Uvery, court having authority to re-commit or rebail him. 220 111. 354.

One to whom a surrender has been made.

The yielding of a copyhold into the hands of the lord. The usual method of transferring copyholds was by a surrender of the copyhold to the lord, to the use of the intended transfe

The act by which the public authorities deliver a person accused of a crime, and who is found in their jurisdiction, to the authorities within whose jurisdiction it is alleged the

One who makes a surrender; as, when the tenant gives up the estate and cancels his lease before the expiration of the term. One who yields up a freehold estate for the purpose of c

A right of copyholders in some manors to devise their copyholds by surrendering them to the uses of their wills during their lives.

That which is done in a fraudulent, stealthy manner. SURROGATE (Lat. surrogatus, from suhrogcvre, or surrogare, to substitute). In English Law. A deputy or substitute of the chance

or SURCESSER (Law Fr.) To neglect; to omit doing a thing; to surcease; to fail to obey process. _ Si levesque sursist nostre somounse, si soit attache de verier par destresse, if t

The act by which the quantity of a piece of land is ascertained. An instrument sui generis, in the nature of a partition; a customary mode in which a proprietor has set off to hims

An examination of a vessel to determine her condition. It is frequently had where some disaster has befallen the ship before proceeding to make repairs, or take measures for saving

Ordinarily means to live longer than some other individual, but it may mean to continue to live beyond a specified period, event or condition. 220 Ill. 511. It imports that the per

The living of one of two or more persons after the death of the other or others. Survivorship is where a person becomes entitled to property by reason of his having survived anothe

CLAUSE OF. An express clause in a devise or deed of gift to tenants in common that the property is to go to the survivor. Sometimes called the "clause of accruer."

The word "suspend" in its natural significance rather imports something which may not be permanent, than that which necessarily is so; but which, while it ordinarily implies a temp

In Scotch law. He in whose favor a suspension is made. In general, a suspender is required to give caution to pay the debt in the event it shall be found due. Where the suspender c

When a rent, profit a prendre, and the like, are, in consequence of the unity of possession of the rent, etc., of the land out of which they issue, not in esse for a time, they are

A temporary stop of a right, of a law, and the like. In times of war, the habeas corpus act may be suspended by lawful authority. There may be a suspension of an officer's duties o

PLEAS IN. Those alleging matter of temporary incapacity to proceed with the action. Steph, PI. 45.

The act by which a party is deprived of the exercise of his right for a time. When a right is suspended by operation, of law, the right is revived the moment the bar is removed; bu

An agreement between belligerents, made for a short time, or for a particular place, to cease hostilities between them.

One which prevents a contract from going into operation until it has been fulfilled; as, if I shall arrive from Havre, the contract is suspended until the arrival of the ship. 1 Bo

In English law. In the English practice, a calendar is made out of attainted criminals, and the judge signs the calendar with their separate judgments in the margin. In the case of

That state of mind which in a reasonable man would lead to inquiry. 137 Wis. 66, 73.

SWEIN MOTE, or SWAIN gemote (from Saxon swang, an attendant, or boclandman, or freeholder, and mote, or gemote, a meeting). In forest law. A court holden before the verderors, as j

To take an oath administered by some officer duly empowered. See "Affirmation;" "Oath." To use such profane language as is forbidden by law. This is generally punished by statutory

Showing to a magistrate that one has just cause to be afraid of another in consequence of his menaces, in order to have him bound over to keej) the peace. See "Surety of the

The questioning of a percerning his connection with crime or knowledge thereof, after he has been arrested and in custody, by plying him with questions or by threats or other wrong

A cheat; one guilty of defrauding divers persons. 1 Term E. 748; -2 H. Bl. 531; Starkie, Sland. & L. 135. See 10 How. Pr. (N. Y.) 128. Swindling is usually applied to a transaction

Persons who, by mutual oaths, covenant to share in each other's fortunes. See Sedg. Edw. Conf. c. 35.

A headnote of a reported decision, briefly stating a conclusion on a point of law presented in the case. SYLVA CAEDUA (Lat.) In ecclesiastical law. Wood of any kind which was kept

The delivery of some thing as a representation or sign of the delivery of some other. Where an actual delivery of goods cannot be made, a symbolical delivery of some particular thi

The art or cunning rightly to form and make written instruments. It is either judicial or extrajudicial; the latter being wholly occupied with puch instruments as concern matters n

A mortuary, or soul scot.

Formerly an inn of chancery.

In the tual engagements, each binding himself to the other. Such are the contracts of sale, hiring, etc. Pothier Obi. part 1, c. 1, sect. 1, art 2. Civil Code of Lotiis. Art. 1758.

To cut short, or pronounce things so as not to be understood. Cowell.

In French law. The assignee of a bankrupt. One who is chosen to conduct the affairs and attend to the concerns of a body corporate or community. In this sense, the word corresponds

Persons united for the purpose of an enterprise too large for individuals to undertake, A group of financiers who buy up the shares of a company in order to sell them at a profit b

An ecclesiastical assembly. SYR (Law Fr.) Sir. A word used by counsel in addressing a court; Keilw. 170b. T. An abbreviation of Termino, or Term, in the old reports. An abbreviatio

A short gown; a herald's coat; a sur coat.

One who wears a tabard or short govsm. The name is still used as the title of' certain bachelors of arts on the old foundation of Queen's College, Oxford. Enc. Lond. TABELLA (Lat.)

In Louisiana. A list of creditors of an insolvent estate, stating what each is entitled to. 4 Mart. (La.; N. S.) 535. TABULA IN NAUFRAGIO (Lat. a plank in a wreck). In English law.

Rents paid to bishops and other ecclesiastic Sj appropriated to their table or housekeeping. Jacob.

A synopsis in which many particulars are brought together in a general view, as, genealogical tables, which are composed of the names of persons belonging to a family. 2 Bouv. Inst

In civil law. Contracts and written instruments of all kinds, especially wills. So called because originally written on tablets and with wax. Calv. Lex.

In the civil law. A notary.

Free from payments, etc.; e. g., "tac free de omnibus propriis porcis suis infra metas de C," i. e., paying nothing for his hogs running within that limit. Jacob. TACIT (from Lat.

A law which derives its authority from the common consent of the people without any legislative enactment. 1 Bouv. Inst. 120.

In Scotch law. The tacit or implied renewal of a lease when the landlord, instead of warning a tenant, has allowed him to continue without making a new agreement. Bell, Diet. "Relo

See "Tacit Relocation." TACITA QUAEDAM HABENTUR PRO expressis. Certain things, though unexpressed, are considered as expressed. 8 Coke, 40. TACITE (Lat.) Silently; Impliedly; tacit

In Scotch law. A contract of location by which the use of land or any other immovable subject is let to the lessee or tacksman for a certain yearly rent, either in money, the fruit

Rent reserved upon a lease.

Of Securities. The union of securities given at different times, so as to prevent any intermediate purchaser's claiming title to redeem or otherwise discharge one lien, which is pr

In Scotch law. A tenant. TACTIS SACROSANCTIS (Law Lat.) In old English law. Touching the holy (evangelists). Pleta, lib. 3, c. 16, § 21. "A bishop may swear visis evangeliis (looki

See "Estates." TAIL AFTER POSSIBILITY OF ISSUE extinct The estate of a surviving tenant in special tail after the death, without surviving issue, of the person from whose body the

An estate tail limited to the female heirs of the donee.

An estate tall granted to one and the heirs of his body in general. 2 Bl. Comm. 113.

An estate tall limited to the male heirs of the donee.