Page:Black's Law Dictionary (Second Edition).djvu/1062

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SALE 10

Storm v. Baker. ‘[50 U. S. 312, 14 Sup. Ct.

. Ed. 1093; 1-iaskins v. Dern, 19 Utah, Pac. 93 . 'ckman v. mp, 10‘ Pa. 1(3.—Sa1a in gross. The term "sale in gross,” when applied to the thing sold, means a sale by the tract, without regard to quantity, and is in that sense a contract of liszard. Yost v. Mallicote, 77 Va. 616.—Sa1e-note. A memorandum of the subject and terms of a sale, gllen by a broker or factor to the seller, who hailed him the goods for that purpose, and to the i'lllyK‘l', who dealt with him. Also called “bought and sold notes."—Sa1n on credit. A sale of propclty accompanied by delivery of possession, but where paymx ut of the price is deferred to a future day.—-Sale on approval. A species of conditional sale, which is to become absolute only in case the huyer, on trial, approves or is satisfied with the article sold. The approval, however. need not be express; it may be interred from his keeping the goods beyond a reasonaixle time. Benj. Sales. § il1].—Sa.le per aversionem. In the civil law, a sale where the goods are taken in bulk, or not by weight or measure, and for a single price, or “here a piece of land is sold for a gross sum. to be paid for the whole premises. nnd not at u fixed price by the acre or font. Winston v. Browning. U] Ala. S3: State v. Pucic. 16 La. Ann. 656. 15 South. 531.-5311! with all faults. On what is call- ed a "sale uiih all faults," unless the seller fraudulently and lnconsistently represents the article sold to be faultless, or contrives to cocneal any fault from the purchaser, the latter must take the article for helicr or worse. 3 Camp. 154; Brnwn.—S]:eriit”s sale. A sale of property. conducted by a sheriff, or sheriff's deputy, in virtue of his authority as an officer holding prrx-ess.—Tax-sale. A sole of land for unpaid taxes; a sale of pl‘opI=l'ty, by authority of law, for the collection of a tax assessed upon it, or upon its owner, which remains unpaid.- Volnntary sale. One mnde freely, without constraint, by the owner of the thing sold. 1 Bouv. Inst. no. 974.

SALET. In old English law. A head- piece; a steel cap or morion. Cowell.

SALPORD HUNDRED COURT OF RECORD. An inferior and local court of record having jurisdiction in personal actions where the debt or damage sought to be recovered does not exceed £50, it the cause of action arise within the hundred of Sal- ford. St. 31 & 32 Wet. c. 130; 2 Exch. Div. 346.

SALIC LAW. A body of law framed hy the Sslian Franks, after their settlement in Gnul under their king Phnramond, about the beginning of the fifth century. It is the most ancient of the harharlan codes, and is considered one of the most important compilations of law in use among the feudal nations of Europe. See Lax Sauce.

In French jurisprudence. The name is frequently applied to that fundamental law of 17‘rance which excluded females from succession to the crown. Supposed to have been derived from the sixty-second title of the Sallc Law, “De Alode." Brande.

SALOON does not necessarily Import a place to sell liquors. It may mean a place for the sale of general refreshments. Kllson v. Ann Arbor, 26 Mich. 325.

54 SALVAGE

“Saloon” has not acquired the legal signification of a house kept for retailing intoxicating liquor. [t may mean a room for the reception of company, for exhibition of works of art, etc. State v. Manslier, 36 Tex. 364.

SALOON-KEEPER. This expression has n definite meaning, namely, a retailer or cigars, liquors, etc Cahiil v. Campbell. 105 Mass. 40.

SALT DUTY IN LONDON. A custom in the city of London called "grsnage," tormerly payable to the lord mayor, etc., for salt brought to the port of London, being the twentieth part. Wharton.

SALT :faIL\‘/ER. One penny paid at the feast day of St. Martin, by the tenants or some runners, as a commutation for the service of carrying their lord's salt from market to his larder. Paroch. Antiq. 496.

SALUS. mt. Health ; prosperity : safety.

Salnl pnpuli snprema lex. The umlfare of the people is the supreme i.lW. Bac. ll-iux. reg. 12; Broom. Max. 1-10; Montesq. Esprit des Lois. lih. 26. c. 23: 13 Coke. 139.

Salus reipublicaa luprema lex. The welfare of the state is the supreme law. Inhahiuints of Springfield v. Connecticut. River R. Co., 4 Cush. (Mass) 71; Cochltnute Bank v. Cult, 1 Gray (Mass) 386; Broom, Max. 366.

Salas uhi multi cnnsiliax-ii. 4 Inst. 1. Where there are many counselors, there is safety.

SALUTE. A gold coin stamped by Henry V. in France, after his conquests there. ivhereon the arms of England and France were stamped quarterly. Cowell.

SALVA GARDIA. Reg. Orig. 26.

L. Lat. Safeguard.

SALVAGE.}} In maritime law. A compensation allowed to persons by whose assist- ance a ship or its cargo has been saved. in whole or i.n part, from impending danger, or recovered from actual loss. in cases of shipwreck, derelict, or recaptlu-e. 3 Kent. Comm. 245. Cone v. Vnllette Dry-Dock Co.. 119 U. S. 625, 7 Sup. Ct. 336. 30 L. Ed. 501; The Hits, 62 Fed. 763. 10 C. C. A. (‘L - The Lyman M. Low (D. G.) 122 Fed The Blackwell, 10 Wall. 11, 19 L. Ed. Si . The Spokane (D. C.) 67 Fed. 256.

In the older books of the law, (and sometimes in modern writxn,:;s,) the term is also used to denote the goods or property saved. —Eqnits.l11e salvage. By analogy, the term “salvage" is sometimes also used in cases which have nothing to do with maritime perilsL|Jut in which property has been prcsen-cd from loss by

the lust of several advances by different persons.