Page:Black's Law Dictionary (Second Edition).djvu/1081

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SEPARATE

ners. to the exclusion of the rest. In re Lowe, a '\'nt P-ankr. Rep. 221, Fed. Cos. No. 8.564. The seperate estate of a married woman is that which belongs to her, and over which her husband has no right in cquily. It may consist of lands or channels. Vviiiiams v. King. 29 Fed. Cas. l.3U9.—Separate maintenance. An allowance made to a woman by her husband on their agreement to live separately. This must not be confused with "alimony," Iiliirb isgudirinily auarrled upon granting a divorce. . cc Mitchell v. Mitchell, 31 Colo. ‘.709, T.‘ Puc. 10:‘:-i.—Separato trial. The separate uud nnlivulnai trial of each of severai persons jointly accused of a crime.

As to separate "Acknowledgment," “Cave- uaut," and "Examination," see those titlw.

SEPARATIM. Int. in old conveyacning. severally. A word which made a several covenant. 6 Cake, 23¢.

SEPARATION. In matrimonial law. A cessation of cohabitation of husband and wife by mutual agreement, or. in the case or “judicial separation." under the decree of a court. See Butler v. Washington, 45 La. Ann 279, 12 South. 356, 19 L. R. A. 814: Weld v. Weld. 27 Minn. 330. 7 N. W. 26 : Hereford v. Peopie, 197 Ill. 222. 64 N. E. 310. —Separatinn a menu: et thorn. A partial dissnllltion of the marria s reiation.—Separa_- t: :1 order. In Englan , Where a husband is convicted of an aggravated assault upon his uife, tile court or magistrate may order that the wife shall he no longer bound to cohahit uith him. Such an order has the some effect as a judiciai decree of separation on the ground of crueity. It may also provide for the pay- ment of a weekly sum by the husband to the wife and for the custody of the children. Sweet.

SEPARATION OF PATRIMONY. In Louisiana probate law. The creditors of the succession may demand, in every case and against every creditor of the heir, a separatlnn of the property of the succession from tint of the heir. This is what is called the "separation of patrimony." The object of a separation or patrimony is to prevent prop- erty out of which a particular ciass of cred- itors have a right to be paid from being cou- founded with other property, and by that means made llahie to the debts of another ciass of creditors. Civ. Code La. art. 1444.

SEPARATISTS. Seceders from the Church of England. They, like Quakers, soicmuly affirm. instead of taking the usual oath, before they give evidence.

SEPES. Ifit. In old English law. A hcxi_;e or iuciosure. The inciosure of a trench or canal. Dig. 43, 21, 4.

SE1-‘TENNIAL ACT. In English law. The statute l G00. 1. St 2, c. 38. The act by which a parliament hos continuance for sc\en years, and no iouger,.unless sooner dissolved: as it always has, in fact, been since the passing of the act. Wharton.

Bl.Law Dict.(2d Ed.)—GS

1073

SEQUESTER

SEPTUAGESIMA. In ecclesiastical law. The third Sunday before Qumiraycsimu Sunday, being about the se\'enriel.'h day before Easter.

SEPTUM. Lat. In Roman law. An icniosure; an iucloscd pi.1ce where the people voted; otherwise called “oi-ile."

In old English law. An inciosure or close. Cowell.

SEI"l"U'NX. Lat. In Roman law. A (ll- vision of the as, containing seven uncim, or duodecnnal parts; the proportion of seventweifths. Tuyl. Civil Law, -192.

SEPULCHRE. A grave or tomb. The place of interment of a dead human body. The violation or sepulchres is a misdemean- or at common law.

SEPULTDRA. Int. An offerlng w the priest for the burial of a dead body.

Sequamur veotigia pfltrnln nootrox-um. Jenk. Cent. Let us foiiow the footsteps of our tuthers.

SEQUATUR. SUB SUO PERICULO. In aid Eugilsh practice. A writ which issued where a sheriff had returned wihil, upon a su-mnwneas all warmntizamlimi, and after an alias and plumes had been issued. So called because the tenant lost his iunds without any recovery in value, uniess upon that writ he hrought the vouchee into court. Rose. Real Act. 268: Cawell.

SEQITELA. L. Lat. In old English law.

Suit; process or prosecution. Sequoia cuuszt. the process of a cause. Cawell. —Sequela curiae. Suit of court. Cawell;—- Sequels. villanurnln. The family rctinue and appurtenances to the goods and chatteis of villeins, which were at the absolute disposal of the lord. Par. Antiq. 216.

SEQUELS. Small allowances of meal, or manu_[.ictnred victual, made to the servants at a nnil where corn was ground, by tenure, in Scotland. Wharton.

SEQUESTER, 1). In the civil law. To renounce or disclaim, etc. A when a wid- ow came into court and disclaimed having anything to do with her deceased husband's estate, siie was said to sequester. The word more commonly signifies the act of taking in e\'e-cution under a Writ of sequestration. Brown.

To deposit a thing which is the subject of a controversy in the hands or a third person, to hold for the contending parties.

To take a thing which is the subject of a controversy out of the possession of the contending parties, and deposit it in the hands of :1 ihird person. Cnivin.

In equity practice. To take possession

of the propel ty of a defendant, and hold it