Page:Black's Law Dictionary (Second Edition).djvu/1060

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SAIL

SAIL. In insurance Low. To put to sea; to begin a voyage. The least locomotion, with readiness of equipment and clearance, satisfies a warranty to sail. Plttegrew v. Pi-ingle, 3 Barn 5; Adol. 514.

SAILING. When a vessel quits her mooiings, in complete readiness for sea, and it is the actual and real intention of the master to proceed on the voyage, and she is afterwards stopped by head winds and comes to anchor, still intending to proceed as soon as wind and weather will permit, this is a sailing on the voyage within the teims of a policy of insurance. Bowen v. Hope Ins. 00.. 20 Pick. (Mass) 278, 32 Am. Dec. 213.

SAILING INSTRUCTIONS. Written or printed directions. delivered by the com- manding officer of a convoy to the several masters of the ships under his care, by which they are enaiiled to understand and answer his signals. to know the place of rendezvous appointed for the fieet in case of dispersion by storm, by an enemy, or ot.her- wise. Without sailing instructions no vessel can have the protection and benefit of con- voy. Marsh. Ins. 368.

SAILORS. Seiimen: mariners.

SAINT MARTIN LE GRAND, COURT 01‘. An ancient court in London, of local importance, formerly held in the church from which it took its name.

SAINT SIMONISM. An elaborate form of non-communistic socialism It is :1 scheme which does not contemplate an equal, but an unequal, division of the produce. It does not propose that all should be occupied alike, but differently, according to their vocation or capacity; the function of each being assigned, like grades in a regiment, by the choice of the directing authority, and the remuiieration being by salary. proportioned to the importance, in the eyes of that authority, of the function itself, and the merits of the person who fulfills it. 1 Mill, Pol. Econ. 258.

SAID. In Gothic law. The ministerial officer of a court or magistrate, who brought parties into court and executed the orders of his superior. Speinian.

SAISIE. Fr. In French law. A judicial seizuro or sequestration of property, of which there are several varieties. See infra.

—Snisie-9.1-rat. Au attachment of property in the possession of a third person.—Snisie-exé- cutinn. A writ resembling that of fieri facias; delined as that species of execution by which a cirditur places under the hand of justice (custodv of the law) his debtor's movable property liable to seizure, in order to have it sold, so that he may obtain payment of his deht out of the proceeds. Dslloz, Dici;.—Ssisie-for-sine.

1052

SALARY

species of foreign attachment; that which a creditor, by the permission of the president of a tribunal of tirst instance or a jugc tie pair, may exercise, without preliminary process, upon the effects, found within the commune where he il\ES. belonging to his forei;-:o debtor. Dzilloz, Dict.—Snisie-gage:-ie. A conservatory act of execution, by \\ hich the owner or print-ipnl lessor of a house or filfln causes the furniture (if the house or farm leased, and on \1 hich he has a lien. to be seized: similar to the distress of the common law. Dalloz, Dict.-—Ssisie-immo- biliére. The proceeding by which a creditor places under the hand of justice (custody of the law) the immovable property of his debtor. in order that the same may he sold, and that he may obtain payment of his debt out of the proceeds. Dalioz, Diet.

SAKE. In old English law. A lord's right of amercing his tenants in his court. Kellw. 145.

Acquittance of suit at coimty couits and hundred courts. Fleta, L 1, c. 47, § 7.

SALADINE TENTH. A tax imposed in Eugiuud and France, in 11SS, by Pope innocent [II., to raise a fund for the crusade undertaken by Richard I, of England and Philip Augustus of France, against Saladin, sultan of Egypt, then going to besiege Jeru- salem. By this tax every person who did not enter himself a crusader was obliged to pay a tenth of his yearly revenue and of the value of all his movsbles, except his wearing apparel, books, and nrms. The Carthusi.-ins. Bernsrdines, and some other religious persons were exempt Gibbon remarks that when the necessity for this tax no longer existed, the church still clung to it as too lucrative to be abandoned, and thus aross the tithing of ecclesiastical benefices for the pope or other sovereigns. Enc. Loud.

SALARIUM. Lat. In the civil law. All allowance of provisions. A stipend, wages, or compensation for services. An annual allowance or compensation. Galvin.

SALARY. A recompense or consideration made to a person for his pains and industry in another person‘s business; also wages, stipend, or annual allowance. Cow- ell.

A fixed periodical compensation to be paid for services rendered; a stated compensation, amounting to so innch by the year, month, or other listed period, to be paid to public officers and persons in some [)1‘1\ ate employ- ments, for the performance of official duties or the rendering of services of a particular kind, more or less definitely described. in- volving professional knowledge or skill, or at least employment above the grade or nie- nial or mechanical labor. See State v. Speed, 183 M0. 186, 81 S. W. 1260; Dana v. Smith, 54 Ala. 50: Fidelity Ins. Co. v. Shenandoah Iron Co. (C. G.) 42 Fed. 376: Cowdin v. Hull, 10 Ind. 85; In re Chancellor, 1 Bland ('iid.) 596: Houser v. Umatills County. 30 Or. 4%,

49 Pac. 867; Thompson v. Phillips, 12 Ohio