Page:Black's Law Dictionary (Second Edition).djvu/1074

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SECUNDUM

gate ct pr-obatn. According to what is alleged and proved: according to the allegations and proofs. 15 East. 81; Cloutinan v. Tunison, 1 Siimn 375. Fed Cas. No. 2.907a—Secnnriuzn in-tem. According to the art. trade, business, or science.—Secu.ndum honos mm-es. According to good usages; according to established custom; regularly; ordorly.—Secundum consuetuilinem manerii. According to the custnni of the manor.—Seeu.ndum for-mam char-tre. According to the form of the charter, ids-eil.)—Secundum for-mam doni. According to the form of the gift or grant. See Foa- iui'noiv.—Se-rundum fox-mam statuti. According to the form of the sl'atute.—Seoundur:i: lcgern communem. According to the com- mon law.—Secnndur:n normam legis. Ac- Ci_|l(llHE', to Ibe ruin of law: by the intendment and rule of law.—Secundum reg-nlam. According to the rule; by rule.-Secundum subjecturn materiam. According to the subject- matler. 1 Bl. Comm. 229. All agreements must be construed secimdum aubiectam materi- am if the matter will bear it. 2 Mod. 80, arg.

Secnndum naturam est commoda. cu- jusque rei eum seqni, quasi: sequuntur incnmmnda. It is according to nature that the advantages of anything should attach to him to u hour the disadvantages attach. Dig. 50, 17, 10.

SECURE. To give security; to assure of pay ment, performance, or indemnity; to guaranty or make certain the payment of a debt or discharge of an obligation. One “secures” his creditor by giving him a lien, mortgage. pledge, or other security, to be used in case the debtor fails to make pay- ment. See Pennell v. Rhodes. 9 Q. B. 114: Ex parte Reynolds. 52 Ark. 330, 12 S. W. 570: Foot v. Wehh, 55} Barb. (N. Y.) 52.

SECURED CREDITOR. A creditor who holds some special pecuniary assurance of payment of his debt. such as a mortgage or lien.

SECURITAS. In old English law. Security: surety.

In the civil law. An acquittance or re- lease. Spelman: Caivin.

SECURITATEM INVENIENDI. An ancient writ: lying for the sovereign, against any of his subjects, to_stay them from going out of the kingdom to foreign parts: the ground whereof is that every man is bound to serve and defend the coniinouivealth as the crown shall think fit. Fitzh. Nat. Brev. 115.

SECURITATIS PACIS. In old English law. Security of the peace A writ that lay for one who was threatened with death or hodlly harm by another, acainst him who so threatened. Reg. Orig. 88.

SECURITY. Protection; assurance; indemnification. The term is usually applied to an obligation, pledge. mortgage, deposit. lien, etc.. given by a debtor in or-fler to make aure the payment or pertormaiice of his

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son QUERE

debt, by furnishing the creditor with a re source to be used in case of failure in thiz principal obligation. The name is also sometimes given to one who becomes surety or guarantor for another. See First Nut. Btu! v. Hollinsworth. 78 Iowa, 575, 43 N. W. 53!, 6 L. R. A. 92; Storm v. Waddell. 2 Saudi. Ch. (N. Y.) 507. Gog-gins v. Jones. 115 (hr. 596, 41 S. E. 995; Jennings v. Daris, 31 Conn. 139; Mace v. Buchanan (Tenn. Ch.) 52 S. W. $7.

—Collntes'nl security. Counter security. slmijng securities. See MIillSiI.\L'[i\(: Personal security. (1) A person's legal Ind uninterrupted enjoyment of his life. his limbs, his bodv. his health, and his reputniion. 1 Bl Comm. 129. Sanderson v. Hunt, 25 Ky. Law Rep. 629. 76 S. W 179. (2) Evidences of debt which hind the person of the debtor. not real property, are distinguished from such as are liens on land by the name of "personal securities." Merrill v. I\ational Bank. 173 U. S. 131. 19 Sup. Ct 360. 43 L. Ed. ii-i0.—Pulal.‘ic sa- curities. Bonds. notes. certificates of indebt- _ednr.-ss, and other negotiable or transferable instruments evidencing the public debt of s state_or government.—Real security. security of mortgages or other liens or incumbrances upon land. See Merrili v. National Bank. 173 U. S. 131. 19 Sup. Ct. 360. 43 L. Ed 640.—Secuz-ity for costs. See Cosrs.— security for good behavior. A bond or reco_;'nizance which the magistrate exacts from a defendant brought before him on a charge of disorderly conduct or threatening violence. conditioned upon his being of good behavior. or keeping the peace, for a prescribed period, towards all people in general and the complainant in particular.

See CoLLArr:ii.u..— See CoUN'n:ii.—M r-

Seoux-ins experliuntur negotia com- rnissn, plnribns, et plus vident oculi quam oculns. 4 Coke, 46a. lliatters intrusted to several are more securely dispatched, and eyes see more than eye, [l. 5., “tun heads are better than one.]

SECUS. Lat. Otherwise; to the contrary. This word is used in the books to indicate the converse of a foregoing proposition, or the rule applicable to a different state of facts, or an exception to a role before stated.

SED NON ALLOCATUR. I/at. But it is not allowed. A phrase used in the old reports. to signify that the court disagreed with the arguments of counsel.

SE1) PER CURIAM. Lat. But 'by the court This phrase is used in the re ports to introduce a statement made by the court. on the argument, at varixuire with the propositions adianced by counsel, or the opinion of the whole court, where that is dliferent from the opinion of a single judge immediately before quoted.

SE1) QUZERE. Lat. But inquire: ex- amine this further. A remark indicating, briefly. that the particular statement or rule laid down is doubted or challenged in re

spect to its correctness.