Page:Black's Law Dictionary (Second Edition).djvu/1104

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SOLICITOR

nity. Most attorneys take out a certificate to practice in the courts of ch-ancery, and therefore become solicitors also, and, on the other hand, most, if not all. solicitors take out a certificate to practice in the courts of common law, and therefore become attorneys also. Brown.

-Solicitor general. in English law. One of the princii ai liu officcrs of the crown, associated in his duties with the attorney general. holding office by patent during the pleasure of the soicreign, and hm ing a right of preaudience in the courts. 3 Bl. Comm. J7. in American law, an officer of the depiirtment of justice. next in rank and authority to the attorney general, whose principal as-istaut he is. His chief func- lion is to ri l't'Sel'ilL the United States in all cases in the supreme court and the court of clnims in which the government is interested or to which it is a party, and to discharge the dlltit“ of the attorney general in the absence or disability of Lbut oilici-r or when there is a vimncy in the office. Rev-. St. U S. §§ 3-17. 59 (U. S. Caixip. St. ]9fll. pp. 202. 20T).—Sol - tor of the supreme court. The solicitors before the supiweine courts, in Scntlmid, are a body of solicitors entitled to practice in the court of session. etc 'lheir ciinrter of incorporation bears flute August 10. 1T9T.—SoIioitu1' of the treasury. An officer of the United btates nt- ricbed to the department of justice. having general charge of the law liilsiness appertaining to the ti-ansiii'v.—Solicitiu~ to the suitors’

u.uil. An officer of Lbc En::Lisli court of ch icnor_\., who is appointed in certain cases guardian ad litem.

SOLIDARY. A term of civil-law origin, signiiying that the right or interest. spoken uf a» joint or common. A “solidary obligation" corresponds to :1 "joint and several" oiiii.'.-iiion in the common law; that is. one foi which several debtois are bound in such u L e Lh.it each is liable for the entire amount, and not merely for his prnpuition.-ite share. But in the civil law the term also includes the case where there are several creditors, as against a comiiioo debtor, each of whom is eiitilied to receive the entire debt and give an ncquittance for it.

SOLIIDUM. Lat. In the civil law. A whole, an entire or nndlvliied thing.

SOLIDUS LEGALIS. A coin equal to 13s. id, of the present standard. 4 Steph. (‘onim 119:1. Originally the ".~'oii(iiis" was 11 gold coin of the Byzantine Empire, but in medieval times the term was implied to sex ciai vaiierles of coins, or as ilesu iptive of ii moo.-y of -account, and is supposed to be the root from which "shilling" is derived.

SOLINUM. in old English law. Two pin“-lauds, and somewhat less than a halt’. C0. Litt. fin.

Solo c-edit quail solo insedifieatur. That which is biilit upon the soil belongs to the soil The proprietor of the soil becomes also proprietor of the building erected upon it. lilac-iielii. Rom. Law, § 27.‘).

Solo eedit quoxl solo ijnplsntstur. That which is planted m the soil belongs to the

1096

soLvABiLiTii“.

soil. The proprietor of the soil becomes the proprietor of the seed, the plant and tree, as soon as tbese have taken‘ ru Mackeid. Rom. Law, § 275.

SOLUM PROVINCIALE. Lat. In fin man law. The solum itulicum (en exmsdfl of the old Auer Ruuimiiis) ad.i.uilted tuildlfl ership, and of the, application to it if fi ca-pin; whereas the .5-alum praviiiclalc mi 0 tension of the old Agar Publir-us) a<li.i-moi K .s possessory title only, and of lung: lmipIffl' possess-in only. Justinian abolish-‘d iiil fill» tinctions between the two. sliiliing tbs cum to the level of the jirfliiillcillle. Bruit .

Solum 1-ex linc non facere potent, quad non potest injuste ngere. 11 '."Ji;'.=. ". I This alone the king cannot do, he caumt In unjustly.

Solus Deul facit h:e1-edem, no-n homo.

Co. Litt. 5. God alone makes the heir. imt man. SOLUTIO.}} Lat. in civil law. Psy-

mnnt. sail.-lslaction, or release: any specirs of dlsclmxge of an obligation accepted as sill‘:- factory by the creditor. The term refers not so much to the counting out of money us to the substance of the obligation. Dig. 40. 3, 54; Ill. 50. 16. 176.

—solutio indehiti. In the civil law. Piiy~ ment at what \vis not due. From tlie_1iay4):l§ of “but was Iml. due arises an OlJl]_L’fll.|l.'l'i out an contnutu. Vi. lien one bas erroneously shun or performed somulhing to or for another, In! which he was in no wise bound, he mgly tell- miuid it, as if he had only lent it. The icgll “salutio iizdebiti" is here used in a very nub sense, and includes ulso the case where one pl‘ formed labor for another, or assumed to par I debt for which be was not bound, or 1't’lll](]I 1 - ed a right or released in debt. under the Lnipw¢ sion that he was legally bound to do so. Mutil- eld. lion). Law. § 500.

Snlutio pretii empfionis loco hahetur. The payment of the price [of a thiu.,'i is held to be in place of a purchase. [opeizites us a purchase.] Jenk. Cent. p. 56. case 2; 2 Kent. Comm. 387.

SOLUTIONE FEODI MILITIS PAR- LIAMENTI, or FEODI BURGENSIS PARLIAMENTI. Old writs wbeiv-lay krugiits of the shire and bnrgesses uiiglit hiive recovered their wages or allowance it it h‘id been refused. 35 Hen. VIIL C. 11

SOLIJTUS. In the civil law. L00 ' freed from confinement: set at liberty. Dis. 50, 16, 48.

In Scotch practice. used in old depositions.

Purged. A term

sonvaiarnrrré. Fr. Ln French law. Ahi.lit_v to pay; solvency. Enierig. Traita

des Assur. c. S, § 15.