SOLEMNES LEGUM FORMULZ. Iat
In the civil law. Solemn forms of laws; forms of forensic proceedings and of trans acting legal acts. One of the sources of the unwritten law of Rome. Butl. Hor. Jur. 47.
Terms beginning with "S" (870 total)
SOLEMNITAS ATTACHIAMENTO
RUM. In old English practice. Solemnity or formality of attachments. The issuing of attachments in a certain formal and regular order. Bract. fols. 439, 440; 1 Reeve, Eng. Law, 480.
SOLICITOR
SOLATIUM. Compensation. Damages allowed for injury to the feelings. uity. Most attorneys take out a certificate to practice in the courts of chancery, and therefore become solicitors also, and, on the other hand, most, ...
SOLUM PROVINOIALE
Lat. In Ro man law. The solum italicum (an extension of the old Ager Romanus) admitted full ownership, and of the application to it of uswcapio; whereas the solum provinciale (an extension of the old Ager Publicus) admit...
SOLUTIO
Lat. In civil law. Payment, satisfaction, or release; any species of discharge of an obligation accepted as satisfactory by the creditor. The term refers not so much to the counting out of money as to the substance of th...
SOLVABILITE
soll, The proprietor of the soil becomes also the proprietor of the seed, the plant, and the tree, as soon as these bave taken root Mackeld. Rom. Law, § 275. Fr. In French law. Ability to pay; solvency. Emerig. Traité...
SOLVENCY
SOLVENCY. Ability to pay; present ability to pay; ability to pay one’s debts out of one’s own present means. Marsh ‘v. Dunckel, 25 Hun (N. Y.) 169; Osborne v.
SOLVENDO
Lat. Paying. An apt word of reserving a rent in old conveyances.
SOLVENDO ESSE
Lat. To be in a state of solvency; 4. €., able to pay.
SOLVERE
Lat. To pay; to comply with one’s engagement; te do what one has undertaken to do; to release one’s self from obligation, as by payment of a debt. Calvin.
SONTICUS
Lat. In the civil law. Hurt; ful; ftnjurious; hindertng; excusing. or jus; tifyng delay. Morbus sonticus is any illness pf so serious a nature as to prevent a defendant from appearing in court and ‘to give him a valid ...
SOOCOMANRY
Free tenure by socage.
SOOIETE
Fr. In French law. Partnership, See ComMMENDAM.
SOON
if there is no ‘time specified tor the performance of an act, or if it ig specified that it is to be performed soon, the law implies that it is to be performed within: a reasonable time. Sanford v. Shephard, 14
SORNER
certain thing. This document has for ‘its object to establish that upon a certain date the demand was made. Arg. Fr. Merc. Law, 574.
SOROR
*SOROR. Lat. In the civil law. Sister; a sister. [hst. 3, 6, 1.
SORS
Lat. Im the civil law. Lot; chance; fortune;. hazard; a lot, made of wood, gold, or other material. Money borrowed, or put out at interest. A principal sum or fund, such as the capital of a partnership. Ainsworth; Calvin...
SORTITIO
Lat. In the civil law. A drawing of lots. Sortitio judicum was the process of selecting a number of judges, for a criminal trial, by drawing lots.
Souders, 27 Fed..Cas
1,269; Green v. State, 109 Ga. 536, 35 S. E. 97; Burr v. Williams. 20 Ark. 171; In.re Jones, 78 Ala. 421.
SOUS SEING PRIVE
Fr. In French law. Under private signature; under the private signature of the parties. A contract or instrument thus signed is distinguished from an “authentic act,” which is formally concluded before a notary or ju...
SOUTH
L. Fr. Under. Bendloe, 33.
South Penn a Co., 52 W. Va
616, 44 8. ®.'508, . A. 562; Day Land & Cattle
Southern Kan. R. Co
(D. C.) 33 Fed. 905;
Southern S. S. Co
v. New Orleans,.6 Wall. 31, 18 L. Hd. 749.
Southwick, 9 Johns
(N. Y.) 317; State v.
SOVEREIGN
case in real or mixed actions or the personal action of debt or detinue,) but for damages only, as in covenant, trespass, etc., the action is said to be “sounding in damages.” Steph. ry” rights as a state, like an...
SOWMING AND ROWMING. In
Scotch law. Terms used to express the form by which the number of cattle brought upon a common by those having a servitude of pasturage may be justly proportioned to the rights of the different persons possessed of the s...
Sp. Eq
(or Ch.). Spears’ South Carolina Equity Reports.
SPADARIUS
Lat. <A_ sword-bearer. Blount.
SPADONES
Lat. In the civil law. Impotent persons. Those who, on account of their temperament or some accident they have suffered, are unable to procreate, Inst. 1, 11, 9; Dig. 1, 7, 2, 1. eG a
Spangler v. Railroad Co., 21 Ill
278; Stewart v. Publishing Co., 1 Wash. St. 521, 20
Sparf v. U. 8
156 U. S. 51, 15 Sup. Ct. 273, 89 L. Ed. 348; Hotema v. U. S., 186 U. S. 413, 22 Sup. Ct. 895, 46 L. Ed. 1225; Darry v. eons 10 N. Y. 120; State v. Mason, 54 S. C. 240, 82 8. E. 357; State v. Neal, 37
SPARSIM
Lat. Here and there; scattered; at intervals. For instance, trespass to realty by cutting timber eparsém (here and there) through a tract. l
SPEAKING WITH PROSECUTOR. A
method of compounding an offense, allowed in the English practice, where the court permits a defendant convicted of a misdemeanor to speak with the prosecutor before judgment is pronounced; if the prosecutor declares him...
SPECIAL
pose, object, person, or class. The opposite of “general.”
SPECIE
1. Coin of the precious metals, of a certain weight and fineness, and bearing the stamp of the government, denoting its value as currency. Trebilcock Vv.
SPECIES
Lat. In the civil law. Form; figure; fashion or shape. A form or shape given to materials.
SPECIFICATIO
Lat. In the civil law. Literally, a making of form; a giving of form to materials. That mode of acquiring property through which a person, by transforming a thing belonging to another, especially by working up his materi...
SPECIFICATION
special provision as to a particular subjectmatter is to be preferred to general language, which might have governed in the absence of such special provision. L. R. 1 C. P. 546.
SPECULUM
Lat. Mirror or lookingglass. The title of several of the most ancient law-books or compilations. One of the ancient Icelandic books is styled “Speculum Regale.”
Speer v. State, 4 Tex. App
479. An stmplied confession is where the defendant, in a case not capital, does not plead guilty but indirectly admits his guilt by placing himself at the mercy of the court and asking for a light sentence. 2 Hawk. P. C....
Spelman; 1 Sel. Pr
4; Com. Dig. “Exoine,” B 1. Essoin is not now allowed at all in personal actions. 2 Term, 16; 16 East, 7a; 3 Bl. Comm. 278, note.
Spencer, 100 Mass
395. 97 Am. Dec. 107, 1
SPES ACCRESCENDI
Lat. Hope of surviving. 3 Atk. 762; 2 Kent, Comm. 424.
SPES RECUPERANDI
Lat. The hope of recovery or recapture; the chance of retaking property captured at sea, which pre-. vents the captors from acquiring complete ownership of the property until they have definitely precluded it by effectua...
Spi v. Pomeroy, 124 Cal
597, 57 Pac. 585; erriman Irr. Co. v. Keel, 25 Utah, 96, 60 Pac. 719; Deadwood Cent. R. Co. v. Barker, 14 S. D. 558, 86 N. W. 619; Montecito Val. Water Co. v. Santa Barbara, 144 Cal. 578, 77
SPIRITUALITIES OF A BISHOP
Those profits which a bishop receives in his ecclesiastical character, as the dues arising from his ordaining and instituting priests, and such like, in contradistinction to those profits which he acquires in his tempora...
SPIRITUALITY OF BENEFICES. In
ecclesiastical law. The tithes of land, etc. Wharton. l
SPLITTING A CAUSE OF ACTION
Dividing a single cause of action, claim, or demand into two or more parts, and bringing suit for one of such parts only, intending to reserve the rest for a separate action. The plaintiff who does this is bound by his f...
Spokane Falls & Ry. Co., 6 Wash
393, 33 ac. -—Possessory jad gment. In Scotch ‘practice. A judgment which entitles a person who has uninterruptedly been in possession for seyen years to continue his possession until the question of right be decided...