Surcharge

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 insufficient herbage was left for the lord's own cattle.

1 Rolle, Abr. 399.

The remedy was by distraining the beasts beyond the proper number; an action of trespass which must have been brought by the lord of the manor; an action on the case, or a writ of admeasurement of pasture.

2 Bl. Comm. 238, note.

In Equity Practice. To prove the omission of an item from an account which is before the court as complete, which should be inserted to the credit of the party surcharging.

Story, Eq. Jur. § 626; 2 Ves. Jr. 565; 11 Wheat. (U. S.) 237; 8 Rich. Eq. (S. C.) 248.

It is opposed to "falsify" {q. V.) Leave to surcharge and falsify is granted in preference to opening an account, in case of an account stated by the parties or reported by an auditor, where the party obtaining the liberty would be concluded by the account were it not granted. See "Account;" "Auditor." SURDUS (Lat.) In the civil law. Deaf; a deaf person.

Inst. 2. 12. 3.

Surdus et mutus, a deaf and dumb person.

Id.; Dig. 28. 1. 6. 1; Id. 28. 1. 7; Id. 50. 17. 124; Fleta, lib. 6, c. 38, § 1; Id. c. 40, § 2.