Page:Black's Law Dictionary (Second Edition).djvu/1077

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of restitution pronounces upon the act as hav- ing been not a valid act of capture, but an act of temporary seizure only. Appleton v. Crown- inshield, 3 Mass. 443.

In the law of copyholds. Seizure is where the lord of copyhold lands takes pos- session of them in default of a tenant. It is either seizure quousque or absolute seiz- ure,

SELDA. ket; a wood of sallows or willows; sawpit. Co. Litt. 4.

A shop, shed, or stall in a mar- also a

SELECT COUNCIL. ‘The name given, in some states, to the upper house or branch of the council of a city.

SELECTI JUDICES. Lat. In Roman law. Judges who were selected very much like our juries. They were returned by the pretor, drawn by lot, subject to be challeng- ed, and sworn. 3 Bl. Comm. 366.

SELECTMEN. The name of certain mu- nicipal officers, in the New England states, elected by the towns to transact their gen- era! public business. and possessing certain executive powers. See Felch vy. Weare, 60 N. H. 617, 45 Atl. 591.

SELF-DEFENSE. In criminal law. The pretection of oue’s person or property against some injury attempted by another. The right of such protection. An excuse for the use of force in resisting an attack on the person, and especially for killing an assail- ant. See Whart. Crim. Law, §§ 1019, 1026.


SELF-REGARDING EVIDENCE. Evi- dence which either serves or disserves the party is so called. This species of evidence is either self-serving (which is not in general receivable) or self-disserving, which is in- variably receivable, as being an admission against the party offering it, and that either in court or out of court. Brown.

SELION OF LAND. In old English law. A ridge of ground rising between two fur- rows, containing no certain quantity. but sometimes niore and sometimes less. Termes de la Ley.

SELL. To dispose of by sale. (q. v.)

SELLER. One who sells anything; the party who transfers property in the contract of sale. The correlative is “buyer.” or “pur- chaser.” Though these terms are not inap- plicable to the persons concerned in a trans- fer of real estate, it is more customary to use “vendor’ and ‘‘vendee” in that case.

SEMAYNE’S CASE. This case decided, jin 1604, that “every man's house [meaning his dwelling-house only] is his castle,” and that an officer executing civil process may not break open outer doors in general, but only inner doors, but that (after request made) he may break open even outer doors to find goods of another wrongfully in the house. Brown. It is reported in 5 Coke, 91.

SEMBLE. L. Fr. It seems; it would appear. This expression is often used in the reports to preface a statement by the court upon a point of law which is not directly decided. when such statement is intended as an intimation of what the decision would be if the point were necessary to be passed up- on. It is also used to introduce a sugges- tion by the reporter, or his understanding of the point decided when it is not free from obscurity.

Semel civis semper civis. Once a citi- zen always a citizen. Tray. Lat. Max. 535.

Semel malns semper presumitur esse malus in eodem genere. Whoever is once bad is presumed to be so always in the same kind of affairs. Cro. Car. 317.

SEMESTRIA. Lat. In the civil law. The collected decisions of the emperors in their councils.

SEMI-MATRIMONIUM. Lat. In Ro- man law. Half-marriage. Concubinage was s0 called. Tayl. Civil Law, 273.

SEMI-PLENA PROBATIO. Lat. In the civil law. MHalf-full proof; half-proof. 8 Bl. Comm. 370. See HabLr-Proor.

SEMINARIUM. Lat. In the civil law. A nursery of trees. Dig. 7, 1, 9, 6.

SEMINARY. A place of education. Any school, academy. college, or university in which young persons are instructed in the several branches of learning which may qual- ify them for their future employments. Webster.

The word is said to have acquired no fixed and definite legal meaning. See Chegaray vy. New York. 13 N. Y. 229; Maddox v. Adair (Tex. Civ. App.) 66 S. W. 811: Miami County v. Wilgus, 42 Kan. 457, 22 Pac. 615; Warde v. Manchester, 56 N. EH. 509, 22 Am. Rep. 504.

SEMINAUFRAGIUM. Lat. In rmari- time law. Half-shipwreck, as where goods are cast overboard in a storm; also where a ship bas been so much damaged that her repair costs more than her worth. Whar- ton.

SEMITA. In old English law. A path.

Fleta, ]. 2, c. 52, § 20.