Page:Black's Law Dictionary (Second Edition).djvu/1078

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SEMPER

SEMPER. Lat. Always. A word which Introduces several Latin maxims, of which some are also used without this prefix.

Semper in dublis benigniora. pr:efetends. snnt. In doubtful cases, the more tax orable constructions are always to be preferred. Dlg. 50. 17, 56.

Semper in dnbiis id agendum est, nt quam tntissimo 11:00 re: nit bona fide contracta, nisi qnum aperta contra Iegel scriptuln est. In doubtful cases, such a course should always be taken that a thing contracted Dona fidc should be in the safest condition. unless when it has been openly made ngamst law. Dig. 34, 5, 21.

Semper in obscnris, quod minimum ell; seqnimnr. In obscure constructions we alnays apply that which is the least ob- scu1'e. Dig. 50, 17, 9; Broom, Max. 687%.

Semper In stipulntionlbns, at in neteris eontrnctibns, id ueqnimnr qnod actnm est. In stipulations and in other contracts we follow that which was done, [we are governed by the actual stste of the facts.] Dig. 50. 17. 34.

Semper ita. fiat relatio nt valent dispositio. Reference [of a disposition in a will] should always be so made that the disposition may have efifect. 6 Coke, 76b.

Sanlper necessittu probandi incnmbit el qui agit. The claimant is always bound to prove. [the burden of proof lies on the actor.]

SEMPER PARATUS. Lat. Always ready. The name or a plea by which the defend-ant alleges that he has always been ready to perform what is demanded of him. 3 Bl. Comm. 303.

Samper prresnmitur pro Xegitimntione pnen-oz-um. The presumption always is in favor of the legitimacy of children. 5 Coke, 9815; Co. Lltt 12011.

Semper prrelnmitur pro matrimonio. The presumption is always in favor of the validity of :1 marriage.

Semper prmsnmitnr pro negnnte. The presumption is always in favor of the one who denies. See 10 Clark & F. 534; 3 El. & B1. 723.

Semper pl-resnmltnr pro nententia. The presumption always is in favor of a sentence. 3 Bulst. 42; Branch. Princ.

Semper qu! nan prohibet pro so intervenire. manrlnre creditor-. He who does not prohibit the intervention of another

1070

SENATUB CONSULTUM

in his behalf ls supposed to authorize it 2 Kent, Comm. 616; Dlg. 14, 6, 16; Id. 46, 3. 12, 4.

Semper nexus masculinn! etiam fem]- ninum nexum continet. The masculine sex always includes the feminine. Dig. 32, 62.

Semper Ipecinlia generalihuu lnsnnt. specials are always included in generals. Dig. 50. 17, 147.

SEN. This is said to be an ancient word. which signified "justice." Co. Litt. 61a.

SENAGE.}} Money paid for synodals.

SENATE. In American law. The name of the upper chamber, or less numerous branch, of the congress of the United States. Also the style of a similar body in the legislatures of several of the states.

In Roman law. The great administrative council of the Roman commonwealth.

SENATOR. of the as-uuatus.

In old English law. A member of the royal council; a king's councillor

In American law. One who is a member of a senate, either of the United States or of a state

In Roman law. A member

Senator-es cunt parts: corporis regis. senators are part of the body of the blag. Staundef. 72, E.: 4 Inst. 53, in mnrg.

SENATORS OF THE COLLEGE OF JUSTICE. The judges of the court of session in Scotland are called “senators of the College at Justice."

SENATUS. Lat. senate: the great national council Roman people.

The place where the senate met.

In Roman law. The of the

Calvin.

SENATUS CONSULTUM. In Roman law. A decision or decree of the Roman senate, having the force of law, made without the concurrence of the people. These enact- ments began to take the place of iaws eu- acted by popular vote, when the commons had grown so great in number that they could no longer be assembled for legislative purposes, Mac-keld. Rom. Law. § 33; Hunter, Rom. Law, xlvll; Inst. 1, 2. 5. —Sen.a.tns connultum Max-cianum. A decree of the senate, in relation to the celebration of the Bacchnnalian mysteries, enacted in the consulate of Q. M-ircius and S. Postnmu». —Senntus consultnxn Orfl nnxn. An enactment of the senate (Orficius being one of the consuls and Marcus Antomnus emperor) for admitting both sons and da1_11!'a‘rc'rs to for sucnession of a mother dvlag mterrire. Inst 3, 4. pr.—Senntns consultnxn Pegasianum.

The Pegasian decree of the senate. A decree