supersedeas

the only effect of the supersedeas is to prevent all further proceedings in the subordinate court except such as are necessary to preserve the rights of the parties

I. Supersede you or desist you; a writ issued to forbid the operation of another writ; a wrjt to stay proceedings or suspend jurisdiction; an auxiliary process to supersede the enforcement of a judgment pending a writ of error.

That you stay or suspend. The emphatic word of a writ (anciently in Latin) commanding a stay of proceedings in a designated case. It is now oftenest applied to a proceeding which operates as a writ of supersedeas; as, a perfected appeal, writ of error, or writ of certiorari. Merely an auxiliary process designated to supersede the enforcement of the judgment of the court below brought up by writ of error for review.^ in the code of Kentucky, defined to be "a written order signed by the clerir, commanding the appellee and all others to stay proceedings on the judgment or order." It is a remedy for the unsuccessful litigant who. complains of errors committed to his prejudice by the court below. It stops all proceedings on the judgment until the appeal is disposed of.s An appeal allowed and security taken operate as a supersedeas. In the absence of fraud, the power of the lower court is exhausted; all control is transferred to the higher court.* It is a statutory remedy, obtained only by strict compliance with all required conditions.* No execution shall issue upon a judgment, where a writ of error may be a supersedeas, imtil the expiration of ten days after the judgment.* See Appeal, 8; Cektiobari; Error, 2 (3), Writ of.

That you supersede; that you set aside. The name of a writ issued to a ministerial officer, commanding him to supersede or desist from proceeding under another writ, previously or subsequently delivered to him. The writ issued in several forms, according to the nature of the writ to be superseded. In all the Latin fonus, the emphatic and distinctive word is supersedeas, which gives name to the writ. The object sought is always to relieve a party from the operation of the writ sought to be superseded. Thus, in the proper sense of the word, it is a distinct writ, to be sued out and served, and which in terms commands the suspension of some proceeding. But it is very common in American books to see the expression used, that something is a supersedeas, when the meaning is only that it operates as a stay of proceedings; it has a legal effect like a supersedeas. Thus, in speaking of a writ of error granted by the supreme court of the United States, it is common to say that (if the security required is given) the writ is a supersedeas. The meaning in this connection only is, that the writ of error operates to stay proceedings. The stay is by force of the act of congress, not.because the terms of a writ of supersedeas are incorporated in the writ of error, or because the latter can be said to be, in any strict sense, a writ of supersedeas. If, however, plaintiff in error should find that, notwithstanding his giving the required security, the stay of proceedings was not accorded, he might have relief by formal writ of supersedeas. Supersedeas is a writ that lies in a great many cases, and signifies, in general, a command to stay some ordinary proceedings at law, on good cause shown, which ought otherwise to proceed. {Fitz. Nat. Brev. 236.).Jacob. The word supersedeas is especially used with reference to the superseding of a commission of the peace, which suspends the power of the justices therein mentioned, but does not totally destroy it {Termes de la Ley; Cowel; 1 Bl. Com. -353; 2 Steph. Com. 647, 648); also, of the annulment of an adjudication in bankruptcy (h'obs. Blccy. ch. 29, § 2); and of an order to discharge a defendant from custody (Smith Act. Law, ■which must not be confounded with either "charitable " or " religious use." It refers to English legislation of centuries ago, restricting endowments or gifts for disseminating or sustaining religious doctrines deemed false and dangerous. A superstitious use has been defined as one which has for its object the propagation of the rites of a religion not tolerated by the law. These religions were chiefly those of the Roman Catholics, of the dissenters, and of the Jews; and the statutes enacted in aid and enlargement of the common-law doctrine adverse to gifts for sustaining them were: 23 Hen. VIII. ch. 10, against assurances of lands to uses to have obits perpetual, or a continual service of a priest for ever; 1 Edw. VI. ch. 14, against giving lands to the finding or maintenance of any anniversary or obit, or other like thing, intent, or purpose; and 1 Geo. I. ch. 50, a statute appointing a commission to inquire into and confiscate to the king lands held on superstitious uses. By modern legislation, the stringency of these enactments has been relaxed. Dissenters were relieved of this interpretation by the toleration act of 1689; Roman Catholics, by the Stat. 2 & -3 Wm. IV. ch. 115; and Jews, by the Stat. 9 & 10 Vict. ch. 59. Brown; Modey Sf W. The doctrine adverse to superstitious uses is probably not in force, as such, in the United States, where all religions are entitled; so that the common peace, liberty, and morality are not infringed. But it is equally probable that the laws of many of the states would preclude uses of such character, on the ground that they were contrary to the rules against perpetuities (j. w.), and could not be exempted from it as charities, q. u.