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 copyhnlds. Seizure is nhcre the lord of copyhold lands takes possession of them in default of a tenant. It is either seizure quousque or absolute seiz- ure.

SELDA. A shop. shed, or stall in 1: mar- ket: a wood of saliows or willows; also a sawpit Co. Litt 4.

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

SELECT! JUDIC]-:5. Lat. In Roman law. Judges who were selected very much like our juries. They were returned by the pra-tor. drawn by lot, subject to be chaiieng- ed, and sworn. 3 Bl. Comm. 366.

sl-:LEC'rM'}.‘.N. The name of certain muni('ipal officers, in the New England states, elected by the towns to transact their general public business, and possessing certain executive powers. See Felch v. Weare, 65) N. H. 6l7_ 45 Atl. 591.

SELF-DEFENSE. In criminal law. The ]li‘UiL'i1lOl.I of oue's person or property against some injury attempted by another. The rixzht 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 “hart. Crinl. law, §§ 1019. 1026.


SELF-REGARDING EVIDENCE. Evi- dence which either serves or disscrves the party is so called. This species of evidence is either self-serving (which is not in general receivnhle) 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 0]" LAND. In old English law. A ridge of ground rising between two furrows. containing no certain quantity, but

sometimes more and sometimes less. Termes de in Ley. SELL. To dispose of by sale. (a. u.)

s}‘.I.l'..ER. One who sells anything; the p:‘ill’_iI who transfers property in the contract of sale. The correlative is "hu_ver." or “pur- chnser." Though these terms are not inapplicable to the persons concerned in a transfer of real estate, it is more customary to use “vendor" and "vendee" in that case.



SEMAYNE’S CA$. This case decided, in 1004. that “every man's house [meaning his dwelling-house oniy] 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

SEMIBLE. 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 decider], 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 suggestion by the reporter, or his understanding of the point decided when it is not free from obscurity.

Sense] clvis seruper eivis. Once a citi- zen always a citizen. Tray. Lat. Max. 555.

Semel mains semper pr-:esnmit:n.r ease malns in eodem genera. Whoever is once had is presumed to be so always in the same kind of affairs. Cro. Car. 317.

SEMIESTRIA. Lot. In the Civil law The collected decisions of me emperors in their councils.

SEMI-MATRIMONIUM. Lat. In R0- mzin law. Half-marriage. Conculuinoge was so called. Tnyl. Civil Law, 273.

SEMI-PLENA PROBATIO. Lat. In the civil law. Hail’-full proof: half-proot. 3 R1. Comm. 370. See HALF-PROOF.

lot. In the civil law. Dig. 7. 1. 9, 6.

SEMINARIUM. A nursery of trees.

SEIVJINAIRY. A place of education. Any school, academy, college, or university in which young persons are instructor] in thc several hrnnches of learning which mm quality them for their future employments. Webster.

The word is said to have acquired no fixed and definite local meaning. See Chcgznray v. New York. 13 N. Y. 229: Maddox v. Adair (Tex. Civ. App.) 66 S. W. 811: Miami County v. i‘v'ilgus. 42 Ken. 45?. 22 Pac. 615: Wax-dc v. Manchester. 56 N. H. 509, 22 Am. Rep. 504

SEMINAUFRAGIUM. Lat. In Knurl- time law. Halt‘-shipwreck, as where goods ure cast overboard in a storm: also where a ship has been so much damaged that her repair costs more than her Worth. Wharton.

SEMITA. In old English law. Fieta, 1. 2, c. 5?, § 20.

A ps.Lh.