Page:Black's Law Dictionary (Second Edition).djvu/1063

From Wikisource
Jump to navigation Jump to search
This page needs to be proofread.


in such 1 case, the person making the last ad- vance is frequently titled to priority over the others. on the ground that, without his advance, the property would have been lost altogether. This right, which is sometimes called that of "equitable salvage." and is in the nature of a lien. is chiefly of importance with reference to payments made to prevent leases or policies of from being forfeited, or to prevent mines and similar undertakings from being stopped or injured. See 1 Fish. Mortg. 14 3 Ch. Div. 411; L. R. 14 Eq. 4; 7 Ch. Div. 825. —Sa.1vage chnrgcl. This term includes all the expenses and costs incurred in the work of aaxing and reserving the property which was in danger. [he salvage char;-:es ultimately fell upon the insurers.— loss. See Loss. — service. in maritime law. Any service rendered in saving property on the sea, or wrecked on the coast of the sea. The Emu- lous, 1 Sumn. 210. Fed. Cas. No. 4.480.


nwron SaLvI.u~um.

SALVO. Lat. Saving; excepting: without prejudice to. Salvo me et hmredibua mcls, (except me and my heirs. Snlrn jure cujuslibet, without prejudice to the rights of

any one.

SALVOR. A person who, without any particular relation to a ship in distress. proffcrs useful service, and gives it as a volunteer adventurer, without nny pre-existing covenant that connected him with the duty of employing himself for the preservation of that ship. The Clara. 23 Wall. 16. 23 L. Ed. 150; The Dumper, 129 Fed. 99, 63 C. G. A. 600; Central Stockyard Co. v. Menrs, S9 App. Div. 452. 85 N. Y. Supp. 795.

SALVUS PLEGIUS. L. Lat A safe pledge; called, niso, "certua pie:/ins." a sure pledge. Bract. fol. 160D.

SAME. The word “same" does not al- ways mean "identical," not different or other. It frequently means of the kind or species, not the specific thing. Crnpo v. Brown, 40 Iowa. 487. 493.

SAMPLE. A specimen; a small quantity of any commodity. presented for inspection or examination as evidence of the quality of the whole; as a sample of cloth or of wheat.

—Snmp1e, sale ‘by. A sale at which only a sample of the goods sold is exhibitcd to the huy- El‘.

SAN}!-: MENTIS. Lat. In old English law. Of sound mind Fleta, lib. 3, c. 7, § 1.

SANCTIO.}} Lat. In the civil law. That part of a law by which a penalty was ordained against those who should violate it. inst. 2, 1. 10.

SANCTION. In the original sense of the word, a "sanction" is a penalty or punish- ment provided as a means of enforcing obedience to :1 law. In jurisprudence, a law is

1 055


said to have a sanction when there is a state which will intervene if it is disoheyed or dis- regarded. Therefore international law has no legal sanction. Sweet.

In a more general sense, a “sanction” has been defined as a conditional evil annexed to a law to produce obedience to that law; and, in a still wilder sense, a “sanction” means simply nn authorization of anything. Occasionally, "sanction" is used (c. 0.. in Roman law) to denote a statute, the part (penal clause) hetng used to denote the whole. Brown.

The vlndicatory part of :1 law, or that part which ordains or denounces a penalty for its violation. 1 Bl. Comm. 56.

SANCTUARY. In old English law. A consecrated place which had certain privi- leges nnnexed to it, and to which ottenders were accustomed to resort for refuge, because they could not be nrrested there. nor the laws be executed.

SAND-GAVEL. In old English law. A payment due to the lord of the manor of Rodley, tn the county of Gloucester, for liberty granted to the tenants to dig sand for their common use. Cowell.

SANE. Of natural nnd normal mental condition; healthy in mind. —Sane memory. Sound mind. memory, and understanding. This is one of the essential elements in the capacity of contracting: and the ahsence of it in lunatics nnd idiots, and its im- maturity in infants, is the cause of their re~pcctive incapacities or partial incepacities to hind themselves. The hke circumstance is their ground of exemption In cases of crime. Brown.

SANG, or SANG. In old French. Blood.

SANGUINE, or MURREY. An heraldic term for “blood-color." called. in the arms of princes. “dragon's tail," and, in those of lords, "sardnnyx." It is a tincture of very infrequent occurrence, and not recognized by some writers. In engraving. it is denoted hy numerous lines in saitire. Wharton.

SANGUINEIVI EMERE. Lat. In feudal law. A redemption by viiieins, of their blood or tenure, in order to become freemen.

Smnguinis conjnnntio benevolentia devincit homines et caritats. A tie of blood overcomes men through benevolence and family afiection. Steere v. Steere. 5 Johns. Ch (N. Y.) 1, 13, 9 Am. Dec. 256.

SANGUIS. Lot. In the civil and old English law. Blood; consanguinity

The right or power which the chief lord of the fee had to judge and determine cases where blood was shed. Mon. Aug. L I. 1021.

SANIS. A kind of punishment among the Greeks; inflicted by binding the male

factor fast to a piece of wood. Enc. Lond.