Page:Black's Law Dictionary (Second Edition).djvu/1059

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SACRAMENTUM

suit of the suit The successful party received back his stake; the losing party forfeited his, and it was paid into the public trensury, to be expended for sacred objects, (m sacns rebus,) whence the name. See Mackeld. Rom. Law, § 203.

In common law. An oath. Con-ell. —Sacramentum decisinniu. The voluntary or decisive oath of the civil law, where one of the parties to a suit, not being able to prove his case, offers to refer the decision of the cause to the oath of his udversnry, who is hound to accept or make the same offer on his part, or the whole is considered as confessed by him. 3 B . Comm. 3-i2.—Sacramentum fidelitatis. In old English law. The oath of foalty. Reg. Orig. 303»

Sac:-amentum habet in my tree oo- Inites —veritntem_ justitiam. 2|: judicin ; veritas habendn est in jnrato: jllltitin et justieinm in judice. An oath has in it three component parts.——trnth, justice, and judgment: truth in the party swearing; justice and judgment ‘in the judge ad- ministering the oath. 3 Inst. 160.

Sacra:-nentum si fntuum fuerit, licet fnlsum, tnmen nun ooinxnittit perjurium. 2 Inst 167. A foolish oath, though false, makes not perjury.

SACRILEGE. In English criminal law. Larceny from a church. 4 Steph. Comm. 161:. The crime of breaking a church or chapel, and stealing therein. 1 Russ. Crimes. 843.

In old English law. The desecration of anything considered hoiy; the alienation to lny-men or to profane or common purposes of what was given to religious persons and to pious uses. Con-ell.

SACRILEGIUM. Lat. In the civil law. The stealing of sacred things, or things dedicatr-d to sacred uses; the taking of things out of a holy place. Caivin.

In the civil and one

SACRILEGUS. Lat common law. A sacrilegious person; guilty of sacrilege.

Sncrilegns olnnirnn prredc-nun: cupi- ditntem at seelera superat. 4 Coke. 106. A sacrilegious person transcends the cupidity and wickedness of all other robbers.

SACRISTAN. A sexton, anciently milled "sogersan," or “sagistnn,-" the keeper of: things belonging to divine worship.

A denomination of part of Wharton.

SADBERGE. the county palatiue of Durham.

SEEM]-IND. Iu old English law. An um-

pire, or arbitrator.

Siege constitutum est. res inter alios Sudicataa aliis non prmjudicnre. It has often been settled that matters adjudged be-

1051

SAIGA

tween others ought not to prejudice those who were not parties. Dig. 42. 1, 63.

Step: viutnrem nova, non vetus, oz-hits fallit. 4 Inst. 34. A new road, not an oid one, often deceive: the traveler.

Srepenumero uhi proprietas vex-horum attenditur, sensus veritntis unittitnr. Oftentimes where the propriety of words is attended to, the true sense is lost, Branch, Princ.; 7 Coke, 27.

SIEVITIA. Lat. In the law of divorce. Orueity; anything which tends to bodily harm, and in that manner renders cohabitation unsnfe. 1 Hagg. Coast. 458.

SAFE-CONDUCT. A guaranty or security granted by the king under the great seal to a stranger, for his safe coming into and passing out of the kingdom. Cowell.

One of the papers usually carried by vessels in time of war, and necessary to the safety of neutral mcrchantmen. It is in the nature of a license to the vessel to proceed on a designated voyage, and commonly contains the name of the master, the name, description, and nationality of: the ship, the voyage intended, and other matters.

SAFE-PLEDG . A surety given that a man shall appear upon a certain day. Bract 1. 4. c. 1.

SAFEGUARD. In old English law. A special privilege or license, in the form of a writ. under the great seal, granted to stran- gers seeking their right by course of law within the king's dominions, and apprehending vlolence or injury to their persons or property from others. Reg. Orig. 26.

SAGAMAN. A tale-teller; a secret accuser.

SAGES DE LA LEY. L Fr. Sages of the law; persons learned in the law. A term applied to the chancellor and justices of the king’s bench.

SAGIBARO. In old European law. A judge or justice: literally, a man of causes. or having charge or supervision or causes. One who administered justice and decided causes in the mallum, or public assembly. Spelm-an.

SAID. Before mentioned. This word is constantly used in contracts. pleadings, and other legal papers, with the same force as "aforesaid." See Shattuck v. Baicom. 170 Mass. 245, 49 N. E. 87; Cubine v. State. 44 Tex. Cr. R. 596, 73 S. W. 396; Hlnrichsen V. Hinrichsen, 172 I11. 462. 50 N. E. 135; Vvilkinson v. State, 10 Ind. 373.

SAIG . In old European law. A German coin or the vaiue of a penny, or 01': three

pence.