Surreptitious

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 chancellor, bishop, ecclesiastical or admiralty judge, appointed by him. He must take an oath of office. He can grant licenses, hold courts, and adjudicate cases to the same extent and with the same authority as his principal, provided his grant of powers has been coextensive with those possessed by his principal. The office has arisen by usage, but it is sanctioned by canon 128, and recognized by St. 26 Geo. II. c.

33, 56 Geo. III. c. 82, and 10 Geo. IV. c.

53, by which latter act it was provided that the surrogates of the arches and consistory of London are to continue after the death of the judges of those courts till new appointments are made.

1 Phillim. Ecc. Law, 206; 3 Bum, Ecc. Law, 667.

In American Law. A term used in some states to denote the judge to whom jurisdiction of the probate of wills, the grant of administration, and of guardianship is confided. In some states, he is called "surrogate," in others, "judge of probate," "register," "judge of the orphans' court," etC. He is ordinarily a county officer, with a local jurisdiction limited to his county. Court. In the United States. A state tribunal, with similar jurisdiction to the court of ordinary, court of probate, etc. (g. V.) relating to matters of probate, etc.

2 Kent, Comm. 406, note (b).

SURSISA (Law Lat. from Law Fr. suret sursisam, he may defend [deny] the summons and the default. Bracton, fol. 356. SURSISE (Law Pr. from sursiser, q. v.) In old English law. Neglect; omission; default; a ceasing or cessation. De somounsea, et de sursises, et de essoines. Britt. c. 120. E ki le cri orat e sursera, la sursiae li Rei amend, and whoever hears the cry [hue and try], and neglects to pursue it, shall make amends for the neglect to the king. LL. Gul. Conq. lib. 48.