Page:Black's Law Dictionary (Second Edition).djvu/1072

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SEAWORTHINESS

ordinary attacks of wind and weather, and is competently equipped nnd manned for the voyage, with a sufficient crew, and with sufficii-nt means to sustain then), and with a captain of general good character and nautical skiii 3 Kent, Comm. 287.

A “fiI'1'f1lJi.'5' of S9i1\T0l‘LhiIiESS extends not only to the condition of the structure of the ship itself, but requires that it be properly laden. nud proiicled with a. competent master, a sufficient number of conipctcnt officers and salmon, ind the requisite appurtenances and equipments such as hiillast, cahlcs tlllii unit.» is. cordiigc and soils. food, water. fuel. and lights, and other not . iry or proper stores and iinpleinents for the voyage. Civil Corie Cal. § 2684.

The term “scaWorth_v" is somewhat equivocal. In its lli[ll'f' litcixil sense. it signifies capable of navigating the sea: but. more exactly. it implies a condition to be iind remain in safrty. in the condition she is in, whether at sea, in port, or on a railway. stripped and under repairs. If. \ 1i(‘D the policy att-iclics, she is in a suitalile place and capable, when repaired nnd equipped. of navigating the sea. she is seawoi thy. But where a vessel is warrnntcd scnworthy for a. specified voyage, the place and usual length being gii something more is implied than

ph cal strength and capacity: she must ' I3 ufiicered and manned. supplied with ml water, and furnished _vvith charts

i-inil InS[l'lll!i0I1[S, and. eF«1'JLClfliiy to time of uar, ' to her sec-nr

Wl[i_1 dO(‘lin_i(\lJtS necessary against hostile capture. ‘

plv. (‘:I]’I:ii)i(‘ of going to sen, or of hcing navigitnd on the sen: it imports something very di!'--rent anil ruiich more. viz.. that she is soon}. staunch, and strong, in all respects, and equipped. fuinlshiad, and provided with officers and men. prmisions and documents, for a certain service. in a policy for u do ' ite voyage, the term "st-avmrthy ’ means "suiIicii.vnt for such 8. vi-ssei and ro_vagi-" Capcn v Washington Ins. Co., 12 Cush. (Mass) 517, 536.

SEAWORTHY. This adjective, applied to a vessel. signifies that she is properly constructed. prepared, manned. equipped, and provided, for the voyage I.’I.itelZ|(iE(l. See Sm- WOBTIIINESS. SECK. A want of renmrlv h_v distress.

Litt. § 218. See RENT. Want of present fruit or profit, as in the case of the reversion without rent or other service. except realty. Co. I.itt. 1511). n. 5.

SECOND. This term, as used in law. may denote either sequence in point of time or i.ni‘eriorlty or poslpoiicuicut in respect to rank. lien. order or privilege.

As to second “Coiisin." "Deliverance," “Distress " "Llen.' “.\Ioi'tgage," and "Sur- (~h.ii,-.e." see those titles. As to "Second-

hind Evidence." see EVIDENCE. 0nd of Exchaiige." see Fmsr.

As to "Sec-

SECONDARY, n. In Fnglish practice, An oihccr of the courts of kings hen(~h and common plans; so culled because he was

1064

SECRETARY

second or next to the chief officer. In the king's iiench he was called “Master of the Kings Bench Oiiice," and was a deputy of the prothonoti1ry or chief clerk. 1 Archb. Pr. K. B. 11. 12. By St. 7 “Wm. IV, and] Vict. c. 30, the office of secondary was abalished.

An Df‘liC€‘l' who is next to the chief ODUII‘. Also an officer of the corporation of London. hefore IVilOl.l.| inquiries to nssess damages are held, as before sheritfs in counties. Wharton.

SECONDARY, adj. Of a subsequent, sniiordlnate, or inferior kind or class; generally opposed to “pi-iniary."

As to secondary “(‘onre,vanci>s." “E158- nieiit," " widence," "Franchis and "Use" see those titles.

SECONDS. In criminal law. Those persons who assist, direct, and support others engaged in fighting a duei.

SECRET. Concealed; hidden; not made pu|;lic- pniticiiiarlv, in law. kept from the knowledge or notice of persons liahis to be afifected by the act, transaction. deed. or other thing spoken of.

As to secret “Coniniittee.” "Eqiiit_v." “Lien," “I’i1rtnership," i1Dd"Tl‘iJSiS,"E('(‘i.1i(!€ titles.

SECRETARY. The secretary of a corporation or association is an officer charged with the direction and management of that part of the business at the conipnnv which is concerned with keeping the records, the official correspondence, with giving and receiving notices, countersigning docunx-nis, etc.

The name “secretary” is also given to soveral of the heads of executive dl)]i{\l'l.lIl€lll}l in the government of the United States: as the “Secretary of War." “Secretary of the Interior," etc. It is also the stvle of some of the members of the English cabinet, as the “Secretary of State for Foreign Affairs." There are also secretaries or embassies and legations.

-—Secx'el;.nry of decrees and injunctions. An o.'Ft-er of the Idiizlish court of i=hancgi'v. The office was abolished by St. 15 5: 16 \ Itl. c. 87, § 23r—sEcl'EtBry of embassy. A dip lomatic officer appoiuied as sccrelary or ID- sismnt to an ambassador or miiii-ster plrnipotentiar_v.—Seo1-etizi-y of legation. An nflicer employed to attend a foreign mission and In perform certain duties as clerk.—Sec1-etnry _of state. in American law. This is the title of the Chlflf of the executive buram of the United States called the “Department of State." He is a member of the cahinet, and is chglnzcd with the general administration of the ll:itP1‘- national and diplomatic affairs of the go\"crnminnt. In many of the state governments there is an executive officer bearing the same title and exercising iniportant functions. In English law. Thc S4-cretaries of state are cabinet min- istcrs attending the sovereign for the receipt and dispatch of letters, grants,_ petitions, _and

D.|4.ll.U' of the most important affairs of the king-