Spoliation

In English Ecclesiastical Law. The name of a suit sued out in the spiritual court to recover for the fruits of the church, or for the church itself. Fitzh. Nat. Brev. 85. A waste of church property by an ecclesiastical person. 3 Bl. Comm. 90. In Torts. Destruction of a thing by the act of a stranger; as, the erasure or alteration of a writing by the act of a stranger is called "spoliation;" as contradistinguished from "alteration." 5 Sneed (Tenn.) 344. This has not the effect to destroy its character or legal effect. 1 Greenl. Ev. § 566. In Admiralty Law. By spoliation is also understood the total destruction of a thing; as, the spoliation of papers by the captured party is generally regarded as a proof of guilt; but in America it is open to explanation except in certain cases, where there is a vehement presumption of bad faith. 2 Wheat. (U. S.) 227, 241; 1 Dods. Adm. 480, 486. See "Alteration."

In English Ecclesiastical Law. The name of a writ sued out in the spiritual court to recover for the fruits of the church or for the church itself. Fitzh. N. B. 85. A waste of church property by an ecclesiastical person. 3 Bla. Com. 90. An injury done by one incumbent to another, in taking the fruits of his benefice under a pretended title, and without right 3 Steph. Com. 345. In Torts. Destruction of a thing by the act of a stranger: as, the erasure or alteration of a writing by the act of a stranger is called spoliation. This has not the effect to destroy its character or legal effect. 1 Greenl. Ev. § 566. See In Odium Spoliatoris. In Admiralty Law. By spoliation is also understood the total destruction of a thing: as, the spoliation of papers by the captured party is generally regarded as a proof of guilt; but in America it is open to explanation, except in certain cases where there is a vehement presumption of bad faith; The Pizarro, 2 Wheat. (U. S.) 227, 241, 4 L. Ed. 226; 1 Dods. Admr. 480, 486; Bened. Adm. 310. See Alteration; French Spoliation Claims. SPONSALIA STIPULATIO SP0NSALITIA (Lat.). A promise lawfully made between persons capable of marrying each other, that at some future time they will marry. See Espousals; Ersk. Inst. 1. 6. 3. SP0NSI0 JUDICIALIS (Lat.). A judicial wager. This corresponded in the Roman law to our feigned issue.

Destruction of a thing by the act lation of a writing by a stranger.

In English ecclesiastical law. An injury cumbent to another, in taking the fruits right

! 1. An injury done by one clerk or incumbent to another, in taking the fruits of his benefice without right, but under a pretended title.2 3. Mutilation of an instrument by a stranger. " Alteration " is applied to the act of a party entir tied under an instrument, and imports some fraud or improper design on his part to change its effect. But the act of a stranger, without the participation of the party interested, is a mere "spoliation," or mutilation of the instrument, not changing its legal operation, so long as the writing remains legible, and, if it be a deed, any trace of the seal remains. The law regards a spoliation which destroys the identity of an instru-, ment, as far at least as the rights of the parties are concerned, as an accidental destruction of primary evidence, compelling a resort to that which is secondary.* See Alteration, 2; Spoliator.

1. In ecclesiastical law, an injury done by one clerk or incumbent to another, in taking the fruits of his benefice without any right to them, but under a pretended title. It also seems to be used for a suit brought to recover the fruits of a church, or even the church itself, by one incumbent against another, when they both claim by one patron, and the right of patronage is not called in question. Termes de la Ley. 2. In the law of evidence, it is used not as a technical term, but as an apt word for destroying, mutilating, or altering a writing, to prevent its being used as evidence. See Omnia Pr^sumdn-