SUB-AGENT. A person appointed by an agent to perform some duty, or the whole of the business relating to his agency.
2. Sub-agents may be considered in two points of view. 1. With regard to their rights and duties or obligations, towards their immediate employers. 2. As to their rights and obligations towards their superior or real principals.
3. - 1. A sub-agent is generally invested with the same rights, and incurs the same liabilities in regard to his immediate employers, as if he were the sole and real principal. To this general rule there are some exceptions for example, where by the general usage of trade or the agreement of the parties, sub-agents are ordinarily or necessarily employed, to accomplish the ends of the agency, there, if the agency is avowed, and the credit is exelusively given to the principal, the intermediate agent may be entirely exempted from all liability to the sub-agent. The agent, however, will be liable to the sub-agent, unless such exclusive credit has been given, although the real principal or superior may also be liable. Story on Ag. 386; Paley on Ag. by Lloyd, 49. When the agent employs a sub-agent to do the whole, or any part of the business of the agency, without the knowledge or consent of his principal, either express or implied, the latter will only be entitled to recover from his immediate employer, and his sole responsibility is also to him. In this case the superior or real principal is not responsible to the sub-agent, because there is no privity between them. Story on Ag. 13, 14, 15, 217, 387.
4. - 2. Where by an express or implied agreement of the parties, or by the usages of trade, a sub-agent is to be employed, a privity exists between the principal and the sub-agent, and the latter may justly maintain his claim for compensation, both against the principal and his immediate employer, unless exclusive credit is given to one of them; and, in that case, his remedy is limited to that party. 1 Liv. on Ag. 64; 6 Taunt. R. 147.
SUBALTERN. A kind of officer who exercises his authority under the superintendence and control of a superior.
TO SUBDIVIDE. To divide a part of a thing which has already been divided. For example, when a person dies leaving children, and grandchildren, the children of one of his own who is dead, his property is divided into as many shares as he had children, including the deceased, and the share of the deceased is subdivided into as many shares as he had children.
SUBINFEUDATION, estates, English law. The act of an inferior lord by which he carved out a part of an estate which he held of a superior, and granted it to an inferior tenant to be held of himself.
2. It was an indirect mode of transferring the fief, and resorted to as an artifice to elude the feudal restraint upon alienation: this was forbidden by the statute of Quia Emptores, 18 Ed. I; 2 Bl. Com. 91; 3 Kent, Com. 406.
SUBJECT, contracts. The thing which is the object of an agreement. This term is used in the laws of Scotland.
SUBJECT, persons, government. An individual member of a nation, who is subject to the laws; this term is used in contradistiction to citizen, which is applied to the same individual when considering his political rights.
2. In monarchical governments, by subject is meant one who owes permanent allegiance to the monarch. Vide Body politic; Greenl. Ev. 286; Phil. & Am. on Ev. 732, n. 1.
SUBJECT-MATTER. The cause, the object, the thing in dispute.
2. It is a fatal objection to the jurisdiction of the court when it has not cognizance of the subject-matter of the action; as, if a cause exclusively of admiralty jurisdiction were brought in a court of common law, or a criminal proceeding in a court having jurisdiction of civil cases only. 10 Co. 68, 76 1 Ventr. 133; 8 Mass. 87; 12 Mass. 367. In such case, neither a plea to the jurisdiction, nor any other plea would be required to oust the court of jurisdiction. The cause might be dismissed upon motion, by the court, ex officio.
SUBJECTION. The obligation of one or more persons to act at the discretion, or according to the judgment and will of others.
2. Subjection is either private or public. By the former is meant the subjection to the authority of private persons; as, of children to their parents, of apprentices to their masters, and the like. By the latter is understood the subjection to the authority of public persons. Rutherf. Inst. B. 2, c. 8.
SUBLEASE. A lease by a tenant to another tenant of a part of the premises held by him; an underlease.
SUBMISSION. A yielding to authority. A citizen is bound to submit to the laws; a child to his parents; a servant to his master. A victor may enforce, the submission of his enemy.
2. When a captor has taken a prize, and the vanquished have submitted to his authority, the property, as between the belligerents, has been transferred. When there is complete possession on one side, and submission upon the other, the capture is complete. 1 Gallis. R. 532.
SUBMISSION, contracts. An agreement by which persons who have a law-suit or difference with one another, name arbitrators to decide the matter, and bind themselves reciprocally to perform what shall be arbitrated.
2. The submission may be by the act of the parties simply, or through the medium of a court of law or equity. When it is made by the parties alone it may be in writing or not in writing. Kyd on Aw. 11; Caldw. on Arb. 16; 6 Watts' R. 357. When it is made through the medium of a court, it is made a matter of record by rule of court. The extent of the submission may be various, according to the pleasure of the parties; it may be of only one, or of all civil matters in dispute, but no criminal matter can be referred. It is usual to put in a time within which the arbitrators shall pronounce their award. Caldw. on Arb. ch. 3; Kyd on Awards, ch. 1; Civ. Code of Lo. tit. 19 3 Vin. Ab. 131; 1 Supp. to Ves. jr. 174; 6 Toull. n. 827; 8 Toull. n. 332; Merl. Repert. mot Compromis; 1 S. & R. 24; 5 S. & R. 51; 8 S. & R. 9; 1 Dall. 164; 6 Watts, R. 134; 7 Watts, R. 362; 6 Binn. 333, 422; 2 Miles, R, 169; 3 Bouv. Inst. n. 2483, et seq.
SUB MODO. Under a qualification; a legacy may be given sub modo, that is, subject to a condition or qualification.
SUBNOTATIONS, civ. law. The answers of the prince to questions which had been put to him respecting some obscure or doubtful point of law. Vide Rescripts.
SUBORNATION OF PERJURY, crim. law. The procuring another to commit legal perjury, who in consequence of the persuasion takes the oath to which be has been incited. Hawk. B. 1, c. 69, s. 10.
2. To complete the offence, the false oath must be actually taken, and no abortive attempt (q. v.) to solicit will complete the crime. Vide To Dissuade; To persuade.
3. But the criminal solicitation to commit perjury, though unsuccessful, is a misdemeanor at common law. 2 East, Rep. 17; 6 East, R. 464; 2 Chit. Crim. Law, 317; 20 Vin. Ab. 20. For a form of an indictment for an attempt to suborn a person to commit perjury, vide 2 Chit. Cr. Law, 480; Vin. Ab. h. t.
4. The act of congress of March 3, 1825, 13, provides, that if any person shall knowingly or wilfully procure any such perjury, mentioned in the act, to be committed, every such person so offending, shall be guilty of subornation of perjury, and shall, on conviction thereof, be punished by fine, not exceeding two thousand dollars, and by imprisonment and confinement to hard labor, not exceeding five years, according to the aggravation of the offence.
SUBPOENA, practice, evidence. A process to cause a witness to appear and give testimony, commanding him to lay aside all pretences and excuses, and appear before a court or magistrate therein named, at a time therein mentioned, to testify for the party named, under a penalty therein mentioned. This is usually called a subpoena ad testificandum.
2. On proof of service of a subpoena upon the witness, and that he, is material, an attachment way be issued against him for a contempt, if he neglect to attend as commanded.
SUBPOENA, chancery practice. A mandatory writ or process, directed to and requiring one or more persons to appear at a time to come, and answer the matters charged against him or them; the writ of subpoena was originally a process in the courts of common law, to enforce the attendance of a witness to give evidence; but this writ was used in the court of chancery for the game purpose as a citation in the courts of civil and canon law, to compel the appearance of a defendant, and to oblige him to answer upon oath the allegations of the plaintiff.
2. This writ was invented by John Waltham, bishop of Salishury, and chancellor to Rich. II. under the authority of the statutes of Westminster 2, and 13 Edw. I. c. 34, which enabled him to devise new writs. 1 Harr. Prac. 154; Cruise, Dig. t. 11, c. 1, sect. 12-17. Vide Vin. Ab. h. t.; 1 Swanst. Rep. 209.
SUBPOENA DUCES TECUM, practice. A writ or process of the same kind as the subpoena ad testificandum, including a clause requiring the witness to bring with him and produce to the court, books, papers, &c., in his hands, tending to elucidate the matter in issue. 3 Bl. Com. 382.
SUB PEDE SIGILLI. Under the foot of the seal; under seal. This expression is used when it is required that a record should be certified under the seal of the court.
SUB POTESTATE. Under or subject to the power of another; as, a wife is under the power of her hushand; a child subject to that of his father; a slave to that of his master.
SUBREPTION, French law. By this word is understood the fraud committed to obtain a pardon, title, or grant, by alleging facts contrary to truth.
SUBROGATION, civil law, contracts. The act of putting by a transfer, a person in the place of another, or a thing in the place of another thing. It is the substitution (q. v.) of a new for an old creditor, and the succession to his rights, which is called subrogation; transfusio unius creditoris in alium. It is precisely the reverse of delegation. (q. v.)
2. There are three kinds of subrogation: 1. That made by the owner of a thing of his own free will; example, when be voluntarily assigns it. 2. That which arises in consequence of the law, even without the consent of the owner; example, when a man pays a debt which could not be properly called his own, but which nevertheless it was his interest to pay, or which he might have been compelled to pay for another, the law subrogates him to all the rights of the creditor. Vide 2 Binn. Rep. 382; White's L. C. in Eq.* 60-72. 3. That which arises by the act of law joined to the act of the debtor; as, when the debtor borrows money expressly to pay off his debt, and with the intention of substituting the lender in the place of the old creditor. 7 Toull. liv. 3, t. 3, c. 5, sect. 1, 2. Vide Civ. Code of Louisiana, art. 2155 to 2158; Merl. Repert. h. t.; Dig. lib. 20; Code, lib. 8, t. 18 et 19 9 Watts. R. 451; 6 Watts & Serg. 190; 2 Bouv. Inst. n. 1413.
SUBSCRIBING WITNESS. One who subscribes his name to a writing in order to be able at a future time to prove its due execution; an attesting witness.
2. In order to make a good subscribing witness, it is requisite he Should sign his name to the instrument himself, at the time of its execution, and at the request or with the assent of the party. 6 Hill, N. Y. R. 303; 11 M. & W. 168; 1 Greenl. Ev. 569 a, 4th ed. See Witness instrumentary; 5 Watts, 399.
SUBSCRIPTION, contracts. The placing a signature at the bottom of a written or printed engagement; or it is the attestation of a witness by so writing his name; but it has been holden that the attestation of an illiterate witness, by making his mark, is a sufficient subscription. 7 Bing. 457; 2 Ves. 454; Atk. 177; 1 Yes. jr. 11; 3 P. Wms. 253; 1 V. & B. 362. Vide To sign.
2. By subscription is also understood the act by which a person contracts, in writing, to furnish a sum of money for a particular purpose; as, a subscription to a charitable institution, a subscription for a book, for a newspaper, and the like.
SUBSCRIPTION LIST. The names of persons who have agreed to take a newspaper, magazine or other publication, placed upon paper, is a subscription list.
2. This is, an incident to a newspaper, and passes with the sale of the printing materials. 2 Watts, 111.
SUBSIDY, Engl. law. An aid, tax or tribute granted by parliament to the king for the urgent occasions of the kingdom, to be levied on every subject of ability, according to the value of his lands or goods. Jacob's Law. Dict. h. t.
2. The assistance given in money by one nation to another to enable it the better to carry on a war, when such nation does not join directly in the war, is called a subsidy. Vattel, liv. 3, 82. See Neutrality.
SUB SILENTIO. Under silence, without any notice being taken. Sometimes passing a thing sub silentio is evidence of consent. See Silence.
SUBSTANCE, evidence. That which is essential; it is used in opposition to form.
2. It is a general rule, that on any issue it is sufficient to prove the substance of the issue. For example, in a case where the defendant pleaded payment of the principal sum and all interest due, and it appeared in evidence that a gross sum was paid, not amounting to the full interest, but accepted by the plaintiff as full payment, the proof was held to be sufficient. 2 Str. 690; 1 Phil. Ev. 161.
SUBSTITUTE, contracts. One placed under another to transact business for him; in letters of attorney, power is generally given to the attorney to nominate and appoint a substitute.
2. Without such power, the authority given to one person cannot in general be delegated to another, because it is a personal trust and confidence, and is not therefore transmissible. The authority is given to him to exercise his judgment and discretion, and it cannot be said that the trust and confidence reposed in him shall be exercised at the discretion of another. 2 Atk. 88; 2 Ves. 645. But an authority may be delegated to another, when the attorney has express power to do so. Bunb. 166; T. Jones, 110. See Story, Ag. 13, 14. When a man is drawn in the militia, he may in some cases hire a substitute.
SUBSTITUTES, Scotch law. Where an estate is settled on a long series of heirs, substituted one after another, in tailzie, the person first called in the tailzies, is the institute; the rest, the beirs of tailzie; or the substitutes. Ersk. Princ. L. Scotl. 3, 8, 8. See Tailzie; Institute.
SUBSTITUTION, civil law. In the law of devises, it is the putting of one person in the place of another, so that he may, in default of ability in the former, or after him, have the benefit of a devise or legacy.
2. It is a species of subrogation made in two different ways; the first is direct substitution, and the latter a trust or fidei commissary substitution. The first or direct substitution, is merely the institution of a second legatee, in case the first should be either incapable or unwilling to accept the legacy; for example, if a testator should give to Peter his estate, but in case he cannot legally receive it, or he wilfully refuses it, then I give it to Paul; this is a direct substitution. Fidei commissary substitution is that which takes place when the person substituted is not to receive the legacy until after the first legatee, and consequently must receive the thing bequeathed from the hands of the latter for example, I institute Peter my heir, and I request that at his death he shall deliver my succession to Paul. Merl. Repert. h. t.; 5 Toull. 14.
SUBSTITUTION, chancery practice. This takes place in a case where a creditor has a lien on two different parcels of land, and another creditor has a subsequent lien on one only of the parcels, and the prior creditor elects to have his whole demand out of the parcel of land on which the subsequent creditor takes his lien; the latter is entitled, by way of substitution, to have the prior lien assigned to him for his benefit. 1 Johns. Ch. R. 409; 2 Hawk's Rep. 623; 2 Mason, R. 342. And in a case where a bond creditor exacts the whole of the debt from one of the sureties, that surety is entitled to be substituted in his place, and to a cession of his rights and securities, as if be were a purchaser, either against the principal or his co-sureties. Id. 413; 1 Paige's R. 185; 7 John. Ch. Rep. 211; 10 Watts, R. 148.
2. A surety on paying the debt is entitled to stand in the place of the cre-ditor and to be subrogated to all his rights against the principal. 2 Johns. Ch. R. 454. 4 Johns. Ch. R. 123; 1 Edw. R. 164; 7 John. R. 584; 3 Paige's R. 117; 2 Call, R. 125; 2 Yerg. R. 346; 1 Gill & John. 346; 6 Rand. R. 98,; 8 Watts, R. 384. In Pennsylvania it is provided by act of assembly, that in all cases where a constable shall be entrusted with the execution of any process for the collection of money, and by neglect of duty shall fail to collect the same, by means whereof the bail or security of such constable shall be compelled to pay the amount of any judgment shall vest in the person paying, as aforesaid, the equitable interest in such judgment, and the amount due upon any such judgment may be collected in the name of the plaintiff for the use of such person. Pamphlet Laws, 1828-29, p. 370. Vide Binn. R. 382, and Subrogation.
SUBSTRACTION, French law. The act of taking something fraudulently; it is generally applied to the taking of the goods of the estate of a deceased person fraudulently. Vide Expilation.
SUB-TENANT. The same as under-tenant. See Under-leaser; Under-tenant, and 1 Bell's Com. 76.
SUBTRACTION. The act of withhold ing or detaining anything unlawfully.
SUBTRACTION OP CONJUGAL RIGHTS. The act of a hushand or wife by living separately from the other without a lawful cause. 3 Bl. Com. 94.
SUCCESSION, in Louisiana. The right and transmission of the rights an obligations of the deceased to his heirs. Succession signifies also the estate, rights and charges which a person leaves after his death, whether the property exceed the charges, or the charges exceed the property, or whether he has left only charges without property. The succession not only includes the rights and obligations of the deceased, as they exist at the time of his death, but all that has accrued thereto since the opening of the succession, as also of the new charges to which it becomes subject. Finally, succession signifies also that right by which the beir can take possession of the estate of the de-ceased, such as it may be.
2. There are three sorts of successions, to wit: testamentary succession; legal succession; and, irregular succession. 1. Testamentary succession is that which results from the constitution of the heir, contained in a testament executed in the form prescribed by law. 2. Legal succession is that which is established in favor of the nearest relations of the deceased. 3. Irregular succession is that which is established by law in favor of certain persons or of the state in default of heirs either legal or instituted by testament. Civ. Code, art. 867-874.
3. The lines of a regular succession are divided into three, which rank among themselves in the following order: 1. Descendants. 2. Ascendants. 3. Collaterals. See Descent. Vide Poth. Traite des Successions lbid. Coutumes d'Orleans, tit. 17 Ayl. Pand. 348; Toull. liv. 3, tit. 1; Domat, h. t.; Merl. Repert. h. t.
SUCCESSION, com. law. The mode by which one set of persons, members of a corporation aggregate, acquire the rights of another set which preceded them. This term in strictness is to be applied only to such corporations. 2 Bl. Com. 430.
SUCCESSOR. One who follows or comes into the place of another.
2. This term is applied more particularly to a sole co6-oration, or to any corporation. The word beir is more correctly applicable to a common person who takes an estate by descent. 12 Pick. R. 322; Co. Litt. 8 b.
3. It is also used to designate a person who has been appointed or elected to some office, after another person.
TO SUE. To prosecute or commence legal proceedings for the purpose of recovering a right.
SUFFRAGE, government. Vote; the act of voting.
2. The right of suffrage is given by the constitution of the United States, art. 1, s. 2, to the electors in each state, as shall have the qualifications requisite for electors of the most numerous branch of the state legislature. Vide 2 Story on the Const. 578, et seq.; Amer. Citiz. 201; 1 Bl. Com. 171; 2 Wils. Lect. 130; Montesq. Esp. des Lois, Ii v. 11, c. 6; 1 Tucker's Bl. Com. App. 52, 3. See Division of opinion.
SUFFRANCE. The permitting a tenant who came in by a lawful title, to remain after his right has expired. Vide Estates at suffrance.
SUGGESTIO FALSI. A statement of a falsehood. This amounts to a fraud when-ever the party making it was bound to disclose the truth.
2. The following is an example of a case where chancery will interfere and. set aside a contract as fraudulent, on account of the suggestio falsi: a purchaser applied to the seller to purchase a lot of wild land, and represented to him it was worth nothing, except for a sheep pasture, when he knew there was a valuable mine on the lot, of which the seller was ignorant. The sale was set aside. 2 Paige, 390; 4 Bouv. Inst. n. 3837, et seq. Vide Concealment; Misrepresentation; Representation; Suppressio veri.
SUGGESTION. In its literal sense this word signifies to inform, to insin-uate, to instruct, to cause to be remembered, to counsel. In practice it is used to convey the idea of information; as, the defendant suggests the death of one of the plaintiffs. 2 Sell. Pr. 191.
2. In wills, when suggestions are made to a testator for the purpose of procuring a devise of his property in a particular way, and when such suggestions are false, they generally amount to a fraud. Bac. Ab. Wills, G 3; 5 Toull. n. 706.
SUGGESTIVE INTERROGATION. This phrase has been used by some writers to signify the same thing as leading question. (q. v.) 2 Benth. on Ev. b. 3, c. 3. It is used in the French law. Vide Question.
SUI JURIS. One who has all the rights to which a freemen is entitled; one who is not under the power of another, as a slave, a minor, and the like.
2. To make a valid contract, a person must, in general, be sui juris. Every one of full age is presumed to be sui juris. Story on Ag. p. 10.
SUICIDE, crimes, med. jur. The act of malicious self-murder; felo de se. (q. v.) 3 Man. Gran. & Scott, 437, 457, 458; 1 Hale, P. C.. 441. But it has been decided in England that where a man's life was insured, and the policy contained a proviso that "every policy effected by a person on his or her own life should be void, if such person should commit suicide, or die by duelling or the hands of justice," the terms of the condition included all acts of voluntary self-destruction, whether the insured at the time such act was committed, was or was not a moral responsible agent. 3 Man. Gr. & Scott, 437. In New York it has been held, that an insane person cannot commit suicide, because. such person has no will. 4 Hill' 3 R. 75.
2. It is not punishable it is believed in any of the United States, as the unfortunate object of this offence is beyond the reach of human tribunals, and to deprive his family of the property he leaves would be unjust.
3. In cases of sudden death, it is of great consequence to ascertain, on finding the body, whether the deceased has been murdered, died suddenly of a natural death, or whether he has committed suicide. By a careful examination of the position of the body, and of the circumstances attending it, it can be generally ascertained whether the deceased committed suicide, was murdered, or died a natural death. But there are sometimes cases of suicide which can scarcely be distinguished from those of murder. A case of suicide is mentioned by Doctor Devergie, (Annales d'Hygiene, transcribed by Trebuchet, Jurisprudence de la Medecine, p. 40,) which bears a striking analogy to a murder. The individuul went to the cemetery of Pere la Chaise, near Paris, and with a razor inflicted a wound on himself immediately below the os hyoide; the first blow penetrated eleven lines in depth; a second, in the wound made by the first, pushed the instrument to the depth of twenty-one lines; a third extended as far as the posterior of the pharynx, cutting the muscles which attached the tongue to the oshyoide, and made a wound of two inches in depth. Imagine an enormous wound, immediately under the chin, two inches in depth, and three inches and three lines in width, and a foot in circumference; and then judge whether such wound could not be easily mistaken as having been made by a stranger, and not by the deceased. Vide Death, and 1 Briand, Med. Leg. 2e partie, c. 1, art. 6.
SUIT. An action. The word suit in the 25th section of the judiciary act of 1789, applies to any proceeding in a court of justice, in which the plaintiff pursues, in such court, the remedy which the law affords him. An application for a prohibition is therefore a suit. 2 Pet. 449. According to the code of practice of Louisiana, art. 96, a suit is a real, personal or mixed demand, made before a competent judge, by which the parties pray to obtain their rights, and a decision of their disputes. In that acceptation, the words suit, process and cause, are in that state almost synonymous. Vide Secta, and Steph. Pl. 427; 3 Bl. Com. 395; Gilb. C. P. 48; 1 Chit. Pl. 399; Wood's Civ. Law, b. 4, c. p. 315; 4 Mass. 263; 18 John. 14; 4 Watts, R. 154; 3 Story, Const. 1719. In its most extended sense, the word suit, includes not only a civil action, but also a criminal prosecution, as indictment, information, and a conviction by a magistrate. Ham. N. P. 270.
SUITE. Those persons, who by his authority, follow or attend an ambassador or other public minister.
2. In general the suite of a minister are protected from arrest, and the inviolability of his person is communicated to those who form his suite. Vattel, lib. 4, c. 9, 120. See 1 Dall. 177; Baldw. 240; and Ambassador.
SUITOR. One who is a party to a suit or action in court. One who is a party to an action. In its ancient sense, suitor meant one Who was bound to attend the county court, also, one who formed part of the secta. (q. v.)
SULTAN. The title of the Turkish sovereign and other Mabometan princes.
SUMMARY PROCEEDINGS. When cases are-to be adjudged promptly, without any unnecessary form, the proceedings are said to be summary.
2. In no case can the party be tried summarily unless when such proceedings are authorized by legislative autliority, except perhaps in the cases of contempts, for the common law is a stranger to such a mode of trial. 4 Bl. Com. 280; 20 Vin. Ab. 42; Boscawen on Conv.; Paley on Convict.; vide Convictions.
SUMMING UP, practice. The act of making a speech before a court and jury, after all the evidence has been heard, in favor of one of the parties in the cause, is called summing up. When the judge delivers his charge to the jury, he is also said to sum up the evidence in the case. 6 Harg. St. Tr. 832; 1 Chit. Cr. Law, 632.
2. In summing up, the judge should, with much precision and clearness, state the issues joined between the parties, and what the jury are required to find, either in the affirmative or negative. He should then state the substance of the plaintiff's claim and of the defendant's ground of defence, and so much of the evidence as is adduced for each party, pointing out as he proceeds, to which particular question or issue it respectively applies, taking care to abstain as much as possible from giving an opinion as to the facts. It is his duty clearly to state the law arising in the case in such terms as to leave no doubt as to his meaning, both for the purpose of directing the jury, and with a view of correcting, on a review of the case on a motion for a new trial, or on a writ of error, any error he may, in the hurry of the trial, have committed. Vide 8 S. & R. 150; 1 S. & R. 515; 4 Rawle, R. 100, 195, 356; 2 Penna. R. 27; 2 S. & R. 464. Vide Charge; Opinion, (Judgment.)
TO SUMMON, practice. The act by which a defendant is notified by a compepetent officer, that an action has been instituted against him, and that he is required to answer to it at a time and place named. This is done either by giving the defendant a copy of the summons, or leaving it at his house; or by reading the summons to him.
SUMMONERS. Petty officers who cite men to appear in any court.
SUMMONS, practice. The name of a writ commanding the sheriff, or other authorized officer, to notify a party to appear in court to answer a complaint made against him and in the said writ specified, on a day therein mentioned. 21 Vin. Ab. 42 2 Sell. Pr. 356; 3 Bl. Com. 279.
SUMMONS AND SEVERANCE. Vide Severance; and 20 Vin. Ab. 51; Bac. Ab. h. t.; Archb. Civil Plead. 59.
SUMMUM JUS. Extreme right, strict right. It is seldom that extreme right can be administered without the danger of doing injustice, for extreme right may produce extreme wrong. Summum jus, summa injuria.
SUMPTUARY LAWS. Those relating to expenses, and made to restrain excess in apparel.
2. In the United States the expenses of every man are left to his own good judgment, and not regulated by Arbitrary laws.
SUNDAY. The first day of the week.
2. In some of the New England states it begins at sun setting on Saturday, and ends at the same time the next day. But in other parts of the United States, it generally commences at twelve o'clock on the night between Saturday and Sunday, and ends in twenty-four hours thereafter. 6, Gill. & John. 268; and vide Bac. Ab. Heresy, &c. D; Id. Sheriff, N 4; 1 Salk. 78; 1 Sell. Pr. 12; Hamm. N. P. 140. The Sabbath, the Lord's Day, and Sunday, all mean the same thing. 6 Gill. & John. 268; see 6 Watts, 231; 3 Watts, 56, 59.
2. In some states, owing to statutory provisions, contracts made on Sunday are void; 6 Watts, R. 231; Leigh, N. P. 14; 1 P. A. Browne, 171; 5 B. & C. 406; 4 Bing. 84; but in general they are binding, although made on that day, if good in other respects. 1 Crompt. & Jervis, 130; 3 Law Intell. 210; Chit. on Bills, 59; Wright's R. 764;,10 Mass. 312 1 Cowen, R. 76, n.; Cowp. 640; 1 Bl. Rep. 499; 1 Str. 702; see 8 Cowen, R. 27; 6 Penn. St. R. 417, 420.
4. Sundays are computed in the time allowed for the performance of an act, but if the last day happen to be a Sunday, it is to be excluded, and the act must in general be performed on Saturday; 3 Penna. R. 201; 3 Chit. Pr. 110; promissory notes and bills of exchange, when they fall due on Sunday, are gen-erally paid on Saturday. See, as to the origin of keeping-Sunday as a holiday, Neale's F. & F. Index, Lord's day; Story on Pr. Notes, 220; Story on Bills, 233; 2 Hill's N. Y. Rep. 587; 2 Applet. R. 264.
SUPER ALTUM MARE. Upon the high sea. Vide High Seas.
SUPER VISUM CORPORE. Upon view of the body. When an inquest is held over a body found dead, it must be super visum corpore. Vide Coroner; Inquest.
SUPERCARGO, mar. law. A person specially employed by the owner of a cargo to take charge of the merchandise which has been shipped, to sell it to the best advantage, and to purchase returning cargoes and to receive freight, as he may be authorized.
2. Supercargoes have complete control over the cargo, and everything which immediately concerns it, unless their authority is either expressly or impliedly restrained. 12 East, R. 381. Under certain circumstances, they are responsible for the cargo; 4 Mass. 115; see 1 Gill & John. 1; but the supercargo has no power to interfere with the government of the ship. 3 Pardes. n. 646; 1 Boulay-Paty, Dr. Com. 421.
SUPERFOETATION, med. jur. The conception of a second embryo, during the gestation of the first, or the conception of a child by a woman already pregnant with another, during the time of such pregnancy.
2. This doctrine, though doubted, seems to be established by numerous cases. Beck's Med. Jur. 193; Cassan on Superfoetation; New York Medical Repository; 1 Briand, Med. Leg. prem. partie, c. 3, art. 4; 1 Fodere, Med. Leg. 299; Buffon, Hist. Nat. de l'Homme, Puberte.
SUPERFICIARIUS, civ. law. He who has built upon the soil of another, which he has hired for a number of years or forever, yielding a yearly rent. This is not very different from the owner of a lot on ground rent in Pennsylvania. Dig. 43, 18, 1 and 2.
SUPERFICIES. A Latin word used among civilians. It signifies in the edict of the praetor whatever has been erected on the soil, quidquid solo inoedificdtum est. Vide Dig. 43, tit. 18, 1. 1 and 2.
SUPERIOR. One who has a right to command; one who holds a superior rank; as, a soldier is bound to obey his superior. 2. In estates, some are superior to others; an estate entitled to a servitude or easement over another estate, is called the superior or dominant, and the other the inferior or servient estate. 1 Bouv. Inst. n. 1612.
3. Of courts, some are supreme or superior, possessing in -general appellate jurisdiction, either by writ of error or by appeal; 3 Bouv. Inst. n. 2527; the others are called inferior courts.
SUPERNUMERARII, Rom. civil law. From the reign of Constantine to Justinian, advocates were divided into two classes: viz. advocates in title, who were called statute, and supernumeraries. The statutis were inscribed in the mat-riculation books, and formed a part of the college of advocates in each jurisdiction. The supernumeraries were not attached to any bar in particular, and could reside where, they pleased; they took the place of advocates by title, as vacancies occurred in that body. Code Justin., de adv. div. jud. c. 3, 11, 13; Calvini Lex, ad voc.; also Statuti.
SUPERSEDEAS, practice, actions. The name of a writ containing a command to stay the proceedings at law.
2. It is granted on good cause shown that the party ought not to proceed. F. N. B. 236. There are some writs which though they do not bear this name have the effect to supersede the proceedings, namely, a writ of error, when bail is entered, operates as a supersedeas, and a writ of certiorari to remove the proceedings of an inferior into a superior court has, in general, the same effect. 8 Mod. 373; 1 Barnes, 260; 6 Binn. R. 461. But, under special circumstances, the certiorari has not the effect to stay the proceedings, particularly where summary proceedings, as to obtain possession under the landlord and tenant law, are given by statute. 6 Binn. R. 460; 1 Yeates, R. 49; 4 Dall. R. 214; 1 Ashm. R. 230; Vide Vin. Ab. h. t.; Bac. Ab. h. t.; Com. Dig. h. t.; Yelv. R. 6, note.
SUPERSTITIOUS USE, English law. When lands, tenements, rents, goods or chattels are given, secured or appointed for and toward the maintenance of a priest or chaplain to say mass; for the maintenance of a priest, or other man, to pray for the soul of any dead man, in such a church or elsewhere; to have and maintain perpetual obits, lamps, torches, &c., to be used at certain times to help to save the souls of men out of purgatory; in such cases the king by force of several statutes, is authorized to direct and appoint all such uses to such purposes as are truly charitable. Bac. Ab. Charitable Uses and Mortmain, D; Duke on Char. Uses, 105; 6 Ves. 567; 4 Co. 104.
2. In the United States, where all religious opinions are free, and the right to exercise them is secured to the people, a bequest to support a catholic priest, aud perhaps certain other uses in England, would not in this country be considered as superstitious uses. 1 Pa. R. 49; 8 Penn. St. R. 327; 17 S. & R. 388; 1 Wash. 224. It is not easy to see how there can be a supersti-tious use in this country, at least in the acceptation of the British courts. 1 Watts, 224; 4 Bouv. Inst. n. 3985.
SUPERVISOR. An overseer; a surveyor.
2. There are officers who bear this name whose duty it is to take care of the highways.
SUPPLEMENTAL. That which is added to a thing to complete it as a supplemental affidavit, which is an additional affidavit to make out a case; a supplemental bill. (q. v.)
SUPPLEMENTAL BILL, equity plead. A bill already filed to supply some defect in the original bill. See Bill supplemental.
SUPPLICAVIT, Eng. law. The name of a writ issuing out of the king's bench or chancery, for taking sureties of the peace; it is commonly directed to the justices of the peace, when they are averse to acting in the affair in their judicial capacity. 4 Bl. Com. 233; vide Vin. Ab. h, t.; Com. Dig. Chancery, 4 R.; Id. Forcible Entry, D 16, 17.
SUPPLICIUM, civil law. A corporal punishment ordained by law; the punishment of death, so called because it was customary to accompany the guilty man to the place of execution and there offer supplications for him.
SUPPLIES, Eng. Law. Extraordinary grants to the king by parliament, to supply the exigencies of the state. Jacob's Law Dict. h. t.
SUPPORT. The right of support is an easement which one man, either by contract or prescription, enjoys, to rest the joists or timbers of his house upon the wall of an adjoining building, owned by another person. 3 Kent, Com. 435. Vide Lois des Bat. part. 1, c. 3, s. a. 1, T; Party wall.
SUPPRESSIO VERI. Cocealment of truth.
2. In general a suppression of the truth, when a party is bound to disclose it, vitiates a contract. In the contract of insurance a knowledge of the facts is required to enable the underwriter to calculate the chances and form a due estimate of the risk; and, in this contract perhaps more than any other, the parties are required to represent every thing with fairness. 1 Bla. Rep. 594; 3 Burr. 1809.
3. Suppressio veri as well as suggestio falsi is a ground to rescind an agreement, or at least not to carry it into execution. 3 Atk. 383; Prec. Ch. 138; 1 Fonb. Eq. c. 2, s. 8; 1 Ball & Beatty, 241; 3 Munf. 232 1 Pet. 383; 2 Paige, 390 4 Bouv. Inst. n. 3841. Vide Concealment; Mis-representation; Representationl: Suggestio falsi.
SUPRA PROTEST. Under protest. Vide Acceptance supra protest; dcceptor supra protest; Bills of Exchange.
SUPREMACY. Sovereign dominion, authority, and preeminence; the highest state. In the United States, the supremacy resides in the people, and is exercises by their constitutional representatives, the president and congress. Vide Sovereignty.
SUPREME. That which is superior to all other things; as the supreme power of the state, which is an authority over all others. The supreme court, which is superior to all other courts.
SUPREME COURT. The court of the highest jurisdiction in the United States, having appellate jurisdiction over all the other courts of the United. States, is so called. Its powers are examined under the article Courts of the United States.
2. The following list of the judges who have had seats on the bench of this court is given for the purpose of reference.
Chief Justices. John Jay, appointed September 26, 1789, resigned in 1795.
John Rutledge, appointed July 1, 1795, resigned in 1796.
Oliver Ellsworth, appointed March 4, 1796, resigned in 1801.
John Marshall, appointed January 31, 1801, died July 6, 1835.
Roger B. Taney, appointed March 15, 1836. Associate Justices.
William Cushing, appointed September 27, 1789, died in 1811.
James Wilson, appoiuted September 29, 1789, died in 1798.
John Blair, appointed September 30, 1789, died in 1796.
James Iredell, appointed February 10, 1790, died in 1799.
Thomas Johnson, appointed November 7, 1791, resigned in 1793.
William Patterson, appointed March 4, 1793, in the place of Judge Johnson, died in 1806.
Samuel Chase, appointed January 7, 1796, in the place of Judge Blair, died in 1811.
Bushrod Washington, appointed December 20,1798, in the place of Judge Wilson, died November 26, 1829.
Alfred Moore, appointed December 10, 1799 in the place of Judge Iredell, resigned in 1864.
William Johnson, appointed March 6, 1804, in the place of Judge Moore, died in 1835.
Brockholst Livingston, appointed November 10, 1806, in the place of Judge Patterson, died in 1823.
Thomas Todd, appointed March 3, 1807, under the act of congress of February, 1807, providing for an additional justice, died in 1826.
Gabriel Duval, appointed November 18, 1811, in the place of Judge Chase, resigned in January, 1835.
Joseph Story, appointed November 18, 1811, in the place of Judge Cushing. Smith Thompson, appointed December 9, 1823, in the place of, Judge Livingston, deceased.
Robert Trimble, appointed May 9, 1826, in the place of Judge Todd, died in 1829.
John McLean, appointed March 1829, in the place of Judge Trimble, deceased.
Henry Baldwin, appointed January 1830, in the place of Judge Washington, deceased.
James M. Wayne, appointed January 9, 1835, in the place of Judge Johnson, deceased.
Philip P. Barbour, appointed March 15, 1836, died February 25,1841.
John Catron, appointed March 8, 1837, under the act of congress providing for two additional judges.
John McKinley, appointed September 25, 1837, under the last mentioned act.
Peter V. Daniel, appointed March 3, 1841, in the place of Judge Barbour, deceased.
Samuel Nelson, appointed February 14, 1845, in the place of Judge Thompson, deceased.
Levi Woodbury, appointed September 20, 1845, in the recess of senate, in the place of Judge Story, deceased: his nomination confirmed January 3, 1846.
Robert C. Grier, appointed August 4, 1846, in the place of Judge Baldwin, deceased.
Benj. Robbins Curtis, appointed 1851, in the recess of the senate, in the place of Judge Woodbury, deceased: his nomination confirmed
The present judges of the supreme court are,
Chief Justice. Roger B. Taney. Associate Justices. John McLean, James M. Wayne, John Catron, John McKinley, Peter V. Daniel, Samuel Nelson, Robert C. Grier, and B. Robbins Curtis.
3. In the several states there are also supreme courts; their powers aud jurisdiction will be found under the names of the several states.