Page:Black's Law Dictionary (Second Edition).djvu/1106

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SOROR 1098 SOVEREIGN

SOROB. Lot. In the civil law. Sister; case in real or mixed actions or the personal ii sister. Inst. 3, (I, 1, action of debt or detinue,) but for damages only, as in covenant, trespass. etc., the acihi SOROILICIDE. The killing or murder of Is said to be “sounding in damages." Steph- ii sister: one who n_iui-di.-rs his sister. This PL 116- 51:9 Collins V- Greene. 67 A-ll 2113

is not a technical term or the law. R0559!‘ "- BUDD. 65 A1=1~ 93- SORSI LN‘ In “N civu law. Lot: SOUNDNESS. General health; freedom

chance; fortune; hazard; a lot, made of wood. gold, or other material. Money borrowed, or put out at interest. A principal suiu or fund. such as the capital of a part- nership. Aiusu‘(:rth; Calvin.

In old English law. A principal lenh on interest, as distinguished trom the interest itself.

A thing recovered in action, as distin- guished from the costs of the action.

SOBTITIO.}} [AIL In the civil law. A drawing of lots. Sortltio jmiicum was the process of selecting a number of judges, (or ii criminal trial, by drawing lots.

SOUGH. In English law. A drain or water-course. The channels or water-courses used for draining mines are so termed: and those mines which are near to any given sough, and lie within the same level, and are benefited by it, are technically said to lie within the title of that sough. 5 Mees. & W. 228; Brown.

SOUL SCOT. A mortuary, or customary gift due ministers. in many parishes of England. on the death of parishioners. It was nrlglnaily VDll1l1t£l1‘_\7 and intended as amends for ecclesiastical dues neglected to be paid in the life-time. 2 Bl. Comm. 425.

SOUND, 1). To have reference or relation to; to aim at. An action is technically said to smlmi 1'11 (la-miwcs where it is brought not for the specific recovery of :1 thing, but for damages only. Steph. Pl. 103.

SOUND, I1-(lj. Whole; in good condition; marketable. so used in warranties of chattels. See Brown v. Biizeiow, 10 Allan (Mass.) 242: Hawkins v. Pemherton. 35 How. Prac. (N. Y.) 38%; Woodhury v. Robbins, 10 Oush. (Mass.) .522.

—Sound and disposing mind and memory. This phrase is often used in the law of wills, to signify tcstamentnrv capscity.—Sound mind. This tivrin denotes the normal condition of the human miud.—that state in which its fun- ulties of perception and jiid:ment are ordinari- ly well developed, and not impaired by mania. insanity, of dementia. See Tlaiy v. Daly. 183


Ill. 26‘ -J N. E. . Dclalield v. Parisli. 25

Y 102 Wilson . iliifcllcll. 101 Pa. 492;

rntt. 76 lificli. 354. 43 N. W. ('2i ; Twomhly. 1341' Mass. 147: Harrison v. Rowan. 11 Fed. Cas. 061: Yoe v. MeCoi-d. 74 Ill. 37.

SOUNDING IN DAMAGES. “'hen an action is l-i-ought, not [or the recmery of lands, goods, or sums of money, (as is the

from any permanent disease. 1 Car. & M. 29

SOURCES OF THE LAW. The origin troin which particular positive laws deriu their authority and coercive force. Such an constitutions, treaties, statutes, usages, and customs.

In another sense, the authoritative or re- liable works, records. documents, edicts. etr-. to which we are to look for an unde1*stiind« lug of what constitutes the law. Such, for example, with reference to the Roman law, are the compilations of Justinian and ihi treatise of Gains; and such, with referend- to the common law, are especially the acnient reports and the works of such writers as Bracton. Littietan, Coke, “Fieta," and others.

SOUS SEING PRTVE. Fl‘. In French law. Under private signature; under the private signature of the parties. A contract or instrument thus signed is distinguished from an “authentic act." which is formally

concluded before a notary or judge. Civil Code La. art. 2240. SOUTH. L. Fr. Under. Bendloe, 33.

SOUTH SEA FUND. The produce of the taxes appropriated to pay the interest of such part of the English national deiut as was advanced by the South Sea Company and its anuuitants. The holders of South Sea annuities have been paid off, or have received other stock in lieu thereoi. 2 Steph. Comm. 578.

SOVEREIGN. A chief ruler with su- preme power; I king or other ruler with limited power.

In English law. A gold coin of Great Britain, of the value of a pound sterling.

—Sove1-eign people. A term familiarly used to describe the political liody. consisting of the entire number of citizens and qunlilied electors who. in their collegiate capacity, possess the powers of sovereignty and uercise them through their chosen representatives. Sce Scott v. S1nd- ford, 19 HOW. 404. 15 L. Ed. 691.-—Suvereig'n power. That power in a state to which none other is superior or equal, and which includes all the specific powers which are necessary to accomplish the legitimate ends and purposes of goverumenL_ See Boggs v. Merced i\i'm. Co.. 1

Cal 300' Donnclly v. Decker, 58 Wis. 46]. 11 N. W. 38!). 46 Am Rep. 637: Com. v. Alger. 1 Cush. (l\Iuss.) S1 —Snvereign ht. A right whicb the state alone, or some of ts governmental agencies. can possess, and which it possesses in the character of a sovereign, for the common benefit, and to enable it to cariy out its proper

functions; distinguished from such “proprleta~