Page:Black's Law Dictionary (Second Edition).djvu/1107

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SOVEREIGN

ry" rights as a state, like any private person, miiy have in property or demands which it ovyns. Ses St. Paul v. Chicago, etc.. R. Co.. -15 Minn.

, . . W. 17 Sovereign states. States whose suhjects o citizens are in the hnhit of ibeiicnce to them, nnd which nre not them- wlres suhject to any other (or paramount) state .1 any respect. The state is said to be semi- suvcreign only, and not sovereign, when in any rnpect or respects it is liahlc to be controlled like certain of the states in India li_v :1 para- Kmllnt government. (a. 11., by the British empire.) it '‘In the intercourse of nations, certain v vi have a position of entire independence of in. ‘, and can perform all those acts which it is possible for any state to perform in I.h.i.s particular sphere. These same states have niso entire power of self-government; thnt is, of independence upon all other ststes as far us their "in territory and citizens not living ahrnnd are moor-ined. No foreign power or law can have .,-iiiirol ercept by convention. This power of independent action in external and internal re- lniions constitutes complete sovereignty." Woois. Pol. Science, I. 204.

SOVEREIGNTY. The possession of S0\‘(2l‘el:,’iJ power; supreme politiuil authority: paramount control of the constitution and frame of government and its administration: the self-sufficient source of political power, from which all specific political pow- vrs nre derired; the international independence of a state combined with the right and power of regulating its internal afinirs without foreign dictation: also a political society, or state, V\l]lCh is sovereign and independent. Sce Ciiisiiolin v. Georgiii. 2 Dull. 455. 1 L. Ed. 440: Union Bnnl; v. Hill. 3 Cold. (Tenn.) 325: liiuure v. Shaw, 17 Cal. 218, 79 Am. Dec. 123.

"The freedom of the nation has its correlate in the sovcrciitnty of the nntion. Political -vcreigrnty is the assertion of the self-determimite “ill of the organic people. nnd in this there ‘s the manifestation of its freedom. It is in iind through the determination of its sovereign- iy that the order of the nation is constituted and mnintnined." Mulford. Nation, p. 129.

"If a determinate human superior. not in n hiihit of nlicrlience to II like superior. receive i hitiiol obedience from the buik of a given society. thnt determinate superior is sovereign in that society, and the society (including the su- pi-rier) is a society political and independent.” .-\ust. Jur.

SOVERTIE. In old Scotch law. Surety. Skcne.

SOWLEGROVE. February; so called in Roiith Wnies. Cowell.

SOWMING AND ROWMING. In Scotch law. Terms used to express the form by which the number of cattle brought upon a common by those having a servitude of piistursge may be justly proportioned to the rights of the different persons possessed of the servitude. Bell.

SOWNE. In old English law. To be ierinhle. An old cxchcqucr term npplicd to sliciitfs returns. 4 Inst. 107; Oowell; Spel- LIJBIJ.

1099

SPECIAL SPADARIUS. lot. A sword-bearer. Blount. SPADONES. Lat. In the civil law. Im-

potent persons. Those vsho, on account of their temperament or some accident they have suffcrcil, are unable to procrcate Inst. 1, 11, 9; Dig. 1, 7. 2. 1.

SPARSIM. Lat. Here sud there; scattered; at intervals. For instance, trespass to realty by cutthig timher 81)LH‘EiJ'Ii- (here and there) through a tract.

SPATE PLACITUM. In old English law. A court for the speedy execution of justice upon military delinquents. Cowell.

SPEAK. In practice. To argue. “The case was ordered to be spoke to again." 10 Mod. 107. See IMPAELANCE; SPEAKING wlrn PBosi:oU'ros.

SPEAKER. This is the officisl designation of the president 01' Chairman of certain legislative liodies, pnrticiiinrly of the house of represent.-ithes in the congress of the United States, of one or both hranches of several or the state legislatures, and of the two houses of the British parliament

The term “spenker," as used in reference to either of the houses of piirllnnient, signi- fies the functionarv acting as chairman. In the commons his duties are to put questions, to preserve order, and to see that the privi- leges of the house are not infringed: and. in the event of the nuniliers being even on it division, he has the piivilcge of giving the casting vote. The speaker of the lords is the lord chancellor or the lord keeper of the great seal of England. or. it he he absent, the lords may choose their own speaker. The dufies of the speaker of the lords are pI'in(‘i1'Inlly confined to putting questions, run! the lord chancellor has no more to do with preserving order than any other peer. Brown.

SPEAKING DEMURRER. HER.

See D’EMUB-

SPEAKING OED]-JR. See Olmnn.

SPEAKING WITH PROSECUTOB. A method of compounding an offense, allowed in the English practice, where the court permits a defendant convicted of a misdemetuior to speak with the prosecutor before judgment is pronounced: lf the prosecutor do clares himself satisfied, the court may in- flict it trivial punishment. 4 Steph. Comm. 261.

SPECIAL. Relating to or designating :1 species, kind, or sort; designed for a particu-

lar purpose; confined to I particular pur-