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.

To put more cattle upon a common than the herbage will sustain or than the party hath a right to do. 3 Bla. Com. 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 Sharsw. Bla. Com. 23S, n. 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. § 525; 2 Ves. 565; Perkins v. Hart, 11 Wheat (U. S.) 237, 6 L. Ed. 463. It is opposed to falsify, which see. Leave to surcharge and falsify is granted in preference to opening an account, in case of an account stated by the patties or reported by an auditor, where the party obtaining the liberty would be concluded by the account were it not granted. See Account; Auditor. performance of something else, for another. See Suretyship.

v. To put more cattle upon a common than the herbage wlll sustain or than the party has a right to do. 3 BL Comm. 237. In equity practice. To show that a particular item, in favor of the party surcharging, ought to have been included, but was not, in an account which is alleged to be settled or complete,
—Second surcharge. In English law. The surcharge of a common a second time, by the same defendant against whom the common was before admeasured, and for which the writ of second surcharge was given by the stafute of Westminster, 2. 3 Bl. Comm. 239.
—Surcharge and falsify. This phrase, as used in the courts of chancery, denotes the liberty which these courts will occasionally grant to a plaintiff, who disputes an account which the defendant alleges to be settled, to scrutinize particular items therein without opening the entire account. The showing an item for which credit ought to have been given, but was not, is to surcharge the account; the proving an item to have been inserted wrongly is to falsify the account. Brown. See Philips v. Belden, 2 Edw. Ch. (N. Y.) 23; Rehill v. McTague, 114 Pa. 82, 7 Atl. 224, 60 Am. Rep. 341; Kennedy v. Adickes, 37 S. C. 174, 15 S. E. 922.

To overcharge; to overburden; in equity, to add an item to an account Surcliarge of common: the commoning of more beasts than the commoner is entitled to.

Overcharge; an excessive or unlawful charge. Surcharge and falsify. In the language of the common law " surcharge " imports an overcharge in quantity, price, or value beyond what is just, correct, and reasonable. In this sense it is nearly equivalent to " falsify; " for every item which is not truly charged as it should be, is false; and, by establishing such overcharge, it is falsified. But in the sense in which used in courts of equity, the words are contrasted with each other.2 A surcharge is appropriately applied to the balance of the whole account; and supposes credits to be omitted, which ought to be allowed. A falsification applies to some item in the.debits; and supposes that the item is wholly false, or in some part erroneous. " If any of the parties can show an omission [in a stated account] for which credit ought to be taken, that is a surcharge; or if anything is inserted that is a wrong charge, he is at liberty to show it, and that is falsification. But that must be by proof on his side." »

To overburden. In.equity practice, to add an item to an account, v. Falsify. Surcharge of common, pasture: the commoning or pasturing of more beasts than the comis entitled to.

An overcharge; an exaction, impost, or incumbrance beyond what is just and right, or beyond one's authority or power. Surcharge may mean a second or further mortgage. Wharton. Surcharge and falsify. These words are commonly used together, of a proceeding in equity, to obtain relief against an account alleged to be erroneous. They relate, however, to distinct kinds of relief. To surcharge applies to the balance of the whole account, and supposes credits to be omitted which ought to be allowed. To falsify applies to a wrong charge in the debits, and supposes that that item is, in whole or in part, erroneous. The phrase surcharge and falsify denotes the liberty which the courts of chancery will occasionally grant to a plaintiff wli'o disputes an account which the defendant alleges is settled, to scrutinize particular items therein without opening the entire account. Brown. If, in an account stated, there is any mistake, omission, accident, or fraud, hy which in some cases, by directing the whole account to be opened and taken de novo; in others, by allowing it to stand, with liberty to the plaintiff to surcharge and falsify. To surcharge is to show an omission of something for which credit ought to have been given; and to falsify is to prove an item among the charges to ave been wrongly inserted. Smi& Man. Eq. Surcharge of the forest, or of common, signifies the putting in the forest or on the common more beasts than one has a right to put. Brown.