Page:Black's Law Dictionary (Second Edition).djvu/1079

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SENATUS OONSULTUM

enacted in the cousulship of Pegasus and Pusio, in the reign of Vespasian, by which an he . who was requested to restore an inheritance, was allowed to retain one-fourth of it for him- self. inst. 2, 23, 5.—Senatus consnltum Tre'heiii.nnun1. A decree of the senate (nnmed from 1‘rebciiius. in whose consulate it was enacted) by which it was provided that, if an_ inheritance was restored under a trust, all actions which, by the c.ivii law, might be brought by or against the heir should be given to and against him to whom the inheritance was resiorcd. Inst. 2. 23, 4: Dig. 36, 1.—Senatun consultum ultinun necessltatiu. A decree of the senate of the last necessity. The name given to the decree which usually preceded the nomination of a dictator. 1 Bl. Comm. 136.- Senatus cunsultnm Velleiunum. The Vei- ieian decree of ihe senat_e. A decree enacted_in the consuiship of Veilelus, by w_hlch lnarned women were prohihited from making contracts. Story, Confi. Laws, § 425.

SENATUS DECRETA. Lat In the civil law. Decisions of the senate. Private acts concerning particular persons merely.

SENDA. In Spanish law. A path; the right of a path. The right of foot or horse path. White, New Itecop. b. 2, lit. 6, § 1.

SENECTUS. Lat. Old age. In the R0- man law, the period of sencctus, which re- lieved one from the charge of public office, was ofilcially reckoned as beginning with the completion of the seventieth year. Mnckeld. Rom. Law, § 138.

In old English law. the steward of a

SENESCALLUS. A seneschai: a steward: manor. Flets. 1. 2, c. 72.

SENESCIIAL. In old European law. A time of oihce and dignity, derived from the middle ages. nnswering to that of steward or high steward in England. Seneschals were originally the lieutenants of the dukes and other great feudntories of the kingdom, and sometimes had the dispensing of justice and high military commands.

SENESCHALLO ET MARESHALLO GU01) NON TENEAT PLACITA DE LI- nzno -r1:N}:Mr:N'ro. A writ addressed to the steward and marshal of England. inhibiting them to take cognizance of on action in their court Lhat concerns freehold. Reg.

Orig. 185. Ahoiished. SENEUCIA. In old records. Widowhood. Cowell.

SENILE DEM]-INTIA. That peculiar de- Cay of the mental faculties which occurs in extreme old age, and in many cases much earlier, whereby the person is reduced to second childhood, and becomes sometimes wholly incompetent to enter into any binding contract, or even to execute a will. It is the recurrence of second childhood by mere decay. 1 Redf. Wills, 63. See INSANITY.

1 071

SENTENCE

SENILITY. ‘incapacity to contract arising from the impairment of the intellectual faculties by old age.

SENIOR. Lord; a lord. Also the elder. An addition to the name of the elder of two persons having the same name.

—Scnior counsel. Of two or more counsel retained on the same side of a cause, ‘he is the "senior" who is the eider, or more important in rank or estimation, or who is changed vriih the more diflicult or important parts of the management of the case.—Senior judge. Of several judges composing a court, the “senior” iydze is the one who holds the oldest commiss1_on, or who has served the longest time under his present commission.

IENIORES. In old English law. Sen- iors; ancients; elders. A term applied to the great men of the realm. Spelmnn.

SENORIO. or property.

In Spanish law. Dominion

EENSUS. Lat. Sense, meaning, signification. Mala sensu, in an evil or derogatory sense. Mmori sensu, in a milder, less severe, or less stringent sense. Sensu honesto, in an honest sense; to interpret words sensu Ituucsto is to take them so as not to impute impropriety to the persons concerned.

Seusns verburum est animus Iegis. 5 Coke, 2. The meaning of the words is the spirit of the law.

Sensus verborum est dnplax,—miti.s at super; cl; vex-bu semper acciplenda, aunt in nnitiori sellln. 4 Coke, 13. The meaning of words is two-foid.—miid and harsh; and words are always to be received in their milder sense.

Seusus werboruiu ex oausa dicendi sccipiendun eat; at sen-mane: seznper unci- piendi aunt lecundnrn snbjectam materi- am. The sense of words is to be taken from the occasion of speaking them; and discourses are always to be interpreted according to the subject-matter. 4 Cake, 1312. See 2 Kent, Comm. 555.

SENTENCE. The judgment formally pro- nounced by the court or gudge upon the defendant after his conviction in a criminal prosecution, awarding the punishment to he indicted. The word is properly confined to this meaning. In cit:-at cases, the terms “judgment," “decision," "award," “flnding," etc.. are used. See Featherstone v. People, 194 I11. 325, 62 N. E. 684; State v. Barnes, 124 Fla. 153. 4 South. 560; Pennington v. State, 11 Tex. App. 281; Com. v. Bishutf, 13 Pa. Co. Ct. R. 503; People v. Adams, 95 Mich. 541, 55 N. W. 461; Bugbee v. Boyce, 68 Vt. 31L 35 A121. 330.

Ecclesiastical. In ecclesiastical procedure, “sentence" is analogous to ‘‘judgment"

((1. 1;.) in an ordinary action. A definite sen-