Page:Black's Law Dictionary (Second Edition).djvu/1080

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SENTENCE

teiice is one which puts an end to the suit,

and regards the principal matter in question. An interlocutory sentence determines only some incidental matter in the proceedings. Ph1llirn_ Ecc. Law, 1260.

-—Cun:u1ative sentences. Separate senten- 0 Les (each additional to the others) imposed upon a deft-nrlant nho has hcen convicted upon an indictment containing sevclal counts. each of such counts charging B. distinct oilcnse, or who is uurlcr coniiition at the same time for several distinct olfcnses; one of such sentences hr-ing made to be at the expiintion of an- OlllPl‘. Carter v. ll.-C1niiglir_v. 133 U. S. 365. Sup. Ct. 181. 46 L. Fd. 230; . it‘ v. Ham-

12G N C. 101 . .55 S. E. 614FFinal sen- Onc which puts an end to a case. Distin; . I(‘(l from interlocutory —In1ieterm'- nnte sentence. A fori-n of sentence to im ms- o ml"n[ upon conviction of crime. now not nor-

14041 in" statute in several stiitcs, which. inslt-ad of fixing rigidly the duiurion of the imprisonment. declares that it shall he for in pciind “not less thnn" so many years "nor more than" so -many years, or not less than the minimum period prescribed by statute as the punishment for the particular olfense nor more

B than the maximum peiiod, the exact lenizth of the term being afterwards fixed, within the limits assigned by the court or the statute, by an executive authority, (the governor. board of

pfllilnhs, etc.,) on consideration of the previous

rer rd of the convict, his hehavior while in p‘ a or while out on parole the apparent

p pect of reformation, and other such cansiderations.—Intex'Xoontory sentence. In

the civil law. A sentence on some indirect

question ising from the piincipnl cause. liai- iifax. (‘ivil Law. b. 3. ch. 9, no. 4().—Sentence of death recorded. In English pl:iC(iC8.

The recoi-ding of a sentence of death. not actu-

ally pronounced, on the understanding that it

will not he executed. Such a record has the same eifcct as if the judgment had been pro- nounced and the offender ruprieved ‘by the court. hinzlcy & Whitiey. The practice is now dis- uS(-d.—Suspension of sentence. This term may meiin either a WiIl|l.IOlllilJg' or postponing the sentencing of a prisoner iiftcr the connctinn. or s postponing of the execution of the sentence after it has been pronounced. In the latter case. it nuu‘, for reasons adrlrossini: them- selves to the discretion of the coiui. be indefinite as to time, or (ii in: the good boh'Ivior of the prison!-r. ‘See People v Webster. 14 Misc. Rep. 817. 36 N. Y. Supp. " In re Buchanan. 146 N. Y. 264. 40 N. E. .

SENTENTIA. Lat. In the civil law. (1) Sens lnuort: as distinguished from mere words. (2) The deliberate expression of oue's will or intention. (3) The sentence of :1 judge or court.

Sententia, a non ;lud.ice Kata nemini de- bet nocere. A sei tence pronouiited by one “ho is not :1 judge should not harm any one. Fleta. i. 6, c. 6, § 7.

Sententls contra niatrimoniiun nun- qnam transit in rem judicatnm. 7 Cake, 43 A sentence against ruarri-age never becomes a matter finally adjudged, 4, e_, reg nulicala.

Sententin facit ;lns. st legis inte;-Dretutio legis win: obtlnet. Ellcsm. Post. N. 55. Judgment creates right, and the interpretation of the law has the force of law.

1072

SEPARATE

Sententia faeit ;|ns, at 1-es _-Indicate pro veritate accipitnr. Ellesrn. Post. N. 53. Judgment creates right, and what is 8.(lJlllll- cated is taken for truth.

Sententie. interlocntor-in revocnri pa. test. deflnitivn. non potent. Bac. Max. 20. An interlocutory judgment may he recalled, but not a final.

Sententia non fer-tun de 1-ebus non liq- nirlis. Sentence is not given upon matter; that are not clear. Jenk. Cent. p. 7. case 9.

SEPARABLE CONTROVEESY. In the acts of congress relating to the removal of. causes from state courts to federal courts, this phrase means a separate and distinct cause of action existing in the suit. on which a separate and distinct suit might properly have been brought and complete relief afforded as to such cause of action; or the case must be one capable of separation into parts, so that, in one of the parts, a controversy will he presented, wholly between citizens of different states, which can be fully determined without the presence of any of the other parties to the suit us it has been begun. Fraser v. Jennison. 106 U. S. 19], 1 Sup. Ct. 171, 27 L. Ed. 131; Gudger v. Western N. C. R. Co. (0. C.) 21 Fed. 81; Secuiity Co. v. Pratt (C. C.) 04 Fed. 405; Seaboard Air Line Ry. v. North Carolina R. Co. ((1 C.) 123 Fed. 629.

SEPARALITER. Lat. Separately. Used in indictments to indicate that two or more defendants were charged separately, and not jointly, with the commission of the offense in question. State v. Edwards, 60 M0. 490.

SEPARATE. Indlviduai; distinct; particular: disconnected. Generally used in law as opposed to "joint." though the more usu- ai antithesis of the latter term is “sever:ii." Either of these words iuiplies division. distribution. disconnection, or uloofness. See Merrill v. Pepperdiue. 9 Ind. App. 416. 36 N. E. 921: Larzelere v. Stark\veat_l.ier, 38 Mich. 104.

—separate action. As opposr-d to a inint action. this tcnn signifies an action brought for himself alone bi‘ each of several complainants who are all concerned in the same trans- action, but cannot legally jnin in the suit.- Sepax-nte demise in ejectznent. A demise in a ll‘-‘ClflI'l'lfil'Jl] in ej--ctment used to be termed

  1. 1 "separate dr-n.iise” when made by the lessor

separately or inrlividually, as distingii"hed from a demise made jointly luv two or mute persons, which was termcd s "joiut demise." No such demise. eilher separate or joint. is now necessary in this action. Brown.—Separnte estate. The individual propcrty of one of two persons who stand in :1 social or business relation. ns distinguislmrl from that whith they own jointly or are jointly interested in. Thus. "se

ai itc estatc." uiihin the I'I.‘i“‘lI1ing of ihe ba (- ru-pt law. is that in which each partner is sepamteiv intercsterl at the time of the bank- l'i.ipt('_V. The tcrrn can only be applied in such

property as belonged to one or more of the part-