Page:Black's Law Dictionary (Second Edition).djvu/1098

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SIMPLEX

ate church, or any other ecclesiastical beneiice, as distinguished from a cure of souls. It may therefore be held with any parochial cure. without coming under the prohibitions against pluralities. Whnrton.—Shnp1ex dictum. In old English prsctice. Simple avermenr: mere assertion without proof.-—Simp1ex ,insti.tia.ri- us. In old records. Simple justice. A name smmetimes given to a puisne justice. Cowell. —Simplex loqneln. In aid English practice. Simple speech; the mere declaration or plain! of a plaintiE.—SimpIex nhligntio. A single ohligntion; a bond without a condition. 2 Bl. mm. 340.—Simplex peregrinatio. in old English law.

L 4' c. 2- 5 2 Simple pilgrimage.

II"leta,

Simplex commendatio nnn obligat. Mere recommendation [of an article] does not iniud. [the vendor of it.] Dig. 4, 3_ 37: 2 Kent, Comm. 485; Broom. Max. 731.

Simplex et purl: donatio dici poterit, nbi nulls. est ndjeeta conditin nee modlu. A gift is said to be pure and simple when no condition or qualification is annexed. Bract 1.

Simplicitau est Iegibns amica; et ml- mia snbtilitas in jute raprobatnr. 4 Cake. 8. Simplicity is favorable to the laws; and too much subtlety in law is to be repro- bated.

SIMPLICITER. Lat. Simply; without ceremony: in a summary manner. Directly: immediately; as distinguished

from inferentlally or indirectly. By itself; by its own force; per co.

SIMUL CUM. Lat. Together with. In actions of tort and in prosecutions, where several persons united in committing the act coniplained of, some of Whom are known and others not, it is usual to allege in the dee- lnration or indictment that the persons thersin named did the injury in question. “together with (simul cum) other persons unknown."

SIMUL ET SENLEL. at one time.

Lat. Together and

SIMULATE. To feign, pretend, or counterfeit. To eugaize. usually with the co-opperation or counivance of another person. in an act or series of acts, which are apparently transacted In good faith, and intended to be followed by their ordinary legal consequecnes, but which in reality conceal a fraudu- lent purpose of the party to gain thereby some arlvantage to which he is not entitled, or to injure, delay, or defraud others. See Cartwright v. Bamberger_ 90 Ala. 405, 8 South. 264.

...shnn1n.¢ed fact. In the law of evidence. A fabricated fact: an appearance given to things by human device, with a view to deceive and mislead. Burrill, Circ. Ev. 131.—Simn- lated judgment. One which is apparently rendered in good faith, upon an actual debt, and intended to be collected by the usual pro-

l 090

SINE

cess of law, but which in reality is entered by the fraudulent contriinnce of the parties, (or the purpose of giving to one of them an advantage to which he is not entitled, or of defrauding or delaying third pei'sons.—Sin:I1lnted lnle. One which has all the appearance of an actual sale in good faith. intended to transfer the ownership of property for 1 considerition, but which in reality covers a collusive design of the parties to put the property beyond the reach of creditors, or proceeds from some other fraudulent purpose.

SIMUIATIO LATENS. Let. A species of feigned disease. in which disease is actually present, but Where the symptom! are falsely aggravated, and greater sickness is pretended than really exists. Beck, lied. Jur. 3.

SIMULATION. In the civil law. Mis- representation or concealment of the truth: as where parties pretend to perform a trans- action different from that in which they really are engaged. Mackeld. Rom. Law. I 181.

In French law. Collusion; a fraudulent arrangement between two or more persons to give a false or deceptive appearance to A transaction in which they engage.

SINDERESIS. "A natural power of the soul, set in the highest part thereof. moving and stirring it to good, and ndhorring evil. And therefore Mnderesis never stnneth nor erreth. And this amderrais our Lord put in man. to the intent that the order of things should he observed. And thereiors sanderssis is called by some men the ‘law of reason,‘ for it rnlnistereth the principles of the law of reason, the which be in every man by nature, in that he is a reasonable creature" Doct, ac Stud. 39.

SIN]-1. Lat. Without.

—-Sine animn 1-even-tendi. tention of returniniz. 1 IE- Sine assensn cnpituli. “'i(hoiit the consent of the chapter. In old English prsctioe. A writ which lay where a dam. bishop, 1)l‘Pl‘iE'ndnry, abbot, prior, or master of a hospital nlicned the lands holden in the right of his house. nhbey, or priory, without the consent of the chapter; in which case his successor might have this writ. Fit7b. Nat. Brev. I94 1', Cowell.--Sine I.-onsitleratione curiae. Without the judzmcnt of the court Flvia. lih. 2. c 47. § 13.--Sine decreto. Without authority of II judgc 2 Kumes. FA]. l15.—Sine die. \'\'iil1out day: without assigning a day for a further meeting or hearing. Hence. A final adjournment; final dismissal of a cause. Quad cut sine die. that he go without dtrv; the old form of a judgment for the defendant, 1'. 2., I judgment discharging the defendant from any further appearance in cour(.—Sine hoe quad. Without this, that. A technical phrase in old pleading, of the same import with the phrase “ubsque hon quod."—Si.ne nlunero. Without stint or limit. A term applied to common. Flctn, 11b. 4, c. 19, § 8.-——Sine prole. Without issue. Used in genealogical tallies, and often abbreviated into "3. p.'—- e qua. non. Without which not. That without vihioli the thing 3-annot be. An indispensable requisite or con- 'tion.

Without the inent. Comm. "