Page:Black's Law Dictionary (Second Edition).djvu/1097

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bishop's certificate to the court of chancery in order to obtain tha writ of communication; but, where the words "writ of .-:-iym'fL- writ" are used, the meaning is the same as

"writ dc nmwicato capiemlo." Shelf. Mar. ll: Div. 502. Obsolete. SIGNING JUDGMENT. In English practice. The signature or allowance of the proper officer of a court, obtained by the party entitled to judgment in an action, expresing generally that judgment is given in his fabor, and which stands in the place of usual delivery by the judges themselves S'I"ph. Pl. 110, 111; Freud: v. Pease, 10 Kan. M.

In American practice. Signing judgment means a signing of the judgment record itself, which is done by the proper of- acer. on the margin of the record. opposite the entry of the judgment. 1 Burriil, Pr. 268.

SIGNUM. Lat. In the Roman and civil law. A sign, a mark; a seaL The seal of an instrument. Calvin.

A species of proof. By “sigmz" were meant those species of indiciu which come more immediately under the cognizance of the senses; such as stains of blood on the person of the accused. Best. Pres 13. note i. The sign of a cross pre- ‘inn [:0

In Saxon law. fixed as a sign of assent and appr I charter or deed.

SILENCE. The state of a person who does not speak, or of one who refrains from speaking. In the law of estoppel, "silence" lmpliss knowledge and an opportunity to act upon it. Pence v. Langdon, 99 U. S. 58]. 25 L. Ed. 420: Stewart v. Wyoming Cattle Ranch (34).. 128 U. S. 388. 9 Slip. Ct. 101, 32 L. Ed. 439; Cliicora Fertilizer Co. v. Dunan, D1 Md. 144. 46 Ati. 347. 50 L. It. A. 401.

The power of Bacon.

Silent leges inter armn. law is suspended during war

SILENTIARIIIS. In English law. One of tine privy council; also an usher, who sees good rule and silence kept in court. Wharton.

SILK GOWN. I'sed especially of the gowns worn in F.n:zi.xnd by king's counsel; hence. "to take silk" means to attain the rank of king's counsel. Mozley ll: “'hltley.

SILVA. Lat. In the civil law. Wood: 1 wood.

SILVA CJEDUA. In the civil law. That kind of wood which was kept for the purpose of being cut.

In English law. Under wood: topples wood 2 inst. 642: Cowell. All small wood

Bl.Law Dict.(2d Ed.)—69



and under timber, and likewise timber when cut down, under twenty years‘ growth: tltheable wood. 3 Salli. 347.

SIMILAR. This word is often used to denote a partial resemblance only: but it is also often used to denote sameness in all essential particulars. Thus, a statutory pro- vision in relation to “prevlons conviction of a similar offense" may mean conviction of an offense identical in kind. Com. v. Fontain, 127 Mass. _454.

SIMILITER. Lat. In pleading, Dike- wlse; the like. The name of the short formula used either at the end of pleadings or by itself, expressive of the acceptance of an issue of fact tendcred by the opposite parly: otherwise termed a "jolnder in issue." Staph. Pi. 57. 237. See Solomons v. Chesley, 57 N. H. 163.

Similitndo legalis est caanum diversornm inter se oollatornm siniilis ratio; qnnd in Iuuo simiiinm valet, valebit in nltern. Dissimilinm, dissimilia est ratio. Legal similarity is a similar reason which govcrns various c'1scs “hen compared with each nther, for what aiails in one similar case will avail in the other Of things dissimilar, the reason is dissimilar. Co. Lltt. 191.

Shnonia est vol sive desidex-ium " vel ’ " spit‘ ‘in vel spiritnalibns adhaaretntia. Cu-ntractus ex tnrpi I.-ansa et contra ‘bonus mores. Hob. 167. Slnmny is the will or drsire of buying or selling spirituallties, or things pertaining thereto. It is a contract founded on a had cause, and against morality.

SIMONY. In English ecclesiastical law. The corrupt presentation of any one to an ecclesiastical “ for mone-V. gift, or re- ward. 2 Bl. Comm. 2'3. An unlawful contract for presenting a clcrgvman to a benefice. The buying or selling of egcieslasticni preferments or of things pertaining to the ecclesiastical order Iioh. 167. See State v. Buswell_ 40 Neh. 153, -58 N. W. 728, 24 L. R. A. 68.

Sl'lVII-‘LA. Lat. In the Civil law The single value of a thing. Dig. ‘Z1, 2, 37, 2.

SIMPLE. Pure; unmixed; not compounded; not aggravated; not evidenced by sealed writing or record.

As to simple "Assault," “Avernge.' "Battery," "Blockade." "Bond.“ "Coni‘e~<lon." “Goutract." "Contract Dent." "Deposit," “interest.” “Larceny," "Oi-ligation," “Trust," and “War-randlce.,” see those titles.

SIMPLI-ix. Lat. Simple; single; pure; nnq unli fix-d.

—Simplex beneflc' In. In ecclesiastical

law. A minor dignity in a cathedral or collegi-