Page:Black's Law Dictionary (Second Edition).djvu/1110

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SPIRITUALITIES OF A BISHOP. Those profits which a bishop receives in his ecclesiastical character, as the dues arising from his ordaining and instituting priests, and such like, in contiadistinction to those profits which he acquires in his temporal ca- pacity as a baron and lord of parliament, and nliich are termed his "teniporaiities,” consisting of certain landa, revenues, and lay fees, etc. Cowell.

SPIRITUALITY OF BENEFICES. In ecclesiastical law. The tithes or land, etc. Wliarton.

SPIRITUOUS LIQUORS. These are in- flammable liquids produced by distillation, and forming an article of commerce. See Blankenship v. State. 93 Ga. 814, 21 S. E. 130; Suite v. liinnger, 15 Vt. 293; Aiired v. State. 89 Ala. 112, 8 South. 50; Clifford v. State, 29 Wis. 329.

The phrase "spirituous statute. cnnnot_he extended beyond its exact literal sense. Spirit is the name of an inflammable liquor produced by distiilaiion. Wine is the ferinented juice of the grape, or a preparation of other vegetables by fermentation; hence the term does not include wine. State v. Moore, 5 Blackf. (Ind.) 118.

liquor," in a penal

SPITAL, or SPI'I".l‘LE. A charitable foundation; a hospital for diseased people; a hospital. Cowell.

SPLI'l"I‘ING A CAUSE OF ACTION. Dinding a single cause of action. claim, or demand into two or more parts, and bringing suit for one of such parts only, intending to reseive the rest for a separate action. The plaintiff who does this is hound by his flist jndgnieut, and can recover no more. 2 Black. J udgm. § 734.

SPOLIATION. In English ecclesiastical law. An injury done by one clerk or incuniheni: to another, in taking the fruits of his heuefice without any right to them, but under 11 pretended title. 3 Bl. Comm. 90. 91.

The name of a suit sued out in the spiritual court to recover for the fruits of the church or for the church itself. Fiizzh. Nat. Brev. 85.

In torts. Destruction of a thing by the not of a stranger, as the erasure or aii:eiatiun of a writing by the act or a stranger, is called “spoii.ition." This hasnot the effect to destroy its character or legal effect. 1 Green]. Ev. § 566; Mediin v. Flatt County, 3 M0. 239, 40 Am. Dec. 135; Crockett v. Thomuson, 5 Sneed (’l‘en.u.) 344.

SPOLIATOR. Lat. A spoiler or destroyer. It is a maxim or law, bearing chiefly on evidence, but also upon the value generally or the thing destroyed, that every- thing most to his disadvantage is to be presumed against the destroyer, (xp(/liul0r,)



contra spoliatorem oimI.i'a prtzsumuuiur. Smith, Luad. Gas. 315.

Spollatns debei: ante omnis reltitni. A party despoiicd [forcibly deprived of passession] onglit firs: of all to be restored. 2 Inst. 714; 4 Reeve, Eng. Law, 18.

SPOIJIJM. Imi. In the civil and com- mon law. A thing violently or unlawfully taken trom another.

SPONDI-:0. mt. In the civil law. 1 undeitake; I engage. Inst. 3,16,1.

SPONDESY SPONDEO. Lat. Do you undertake‘) I do undertake. The most com- mon torm of verbal stipulation in the Roman law. Inst. 3, 16, .L

Spondet per-itiam nrtis. l'Ie promise: the skill of his art; he engages to do the work in a skillful or worlunaulihe manner. 2 Kent, Comm. 588. Applied to the engage ments of workmen for hire. Story, Builin. I 428.

SPONSALIA, STIPULATIO SPONSA- IJTIA. Lat. In the civil law. Espousilz

betrothal; a reciprocal promise of tuture marriage. SPONSIO. Lat. In the civil law. All

engagement or undertaking; particularly such as was made in the form of an answer to a torinal interrogatory by the other party. Calvin.

An engagement to pay a certain sum of

money to the successful party in a cause. Cali i.n. —Sponsio judicinlis. In Roman law. A indicial wager corresponding in some respects to the “fvigucd issue” of modern practice.-Sponp sio lndicrn. A i'I'ifiing_ or ludii,-rnu_s eumre nucnt. such as a court will not snst.'un_uu action for. 1 Kames, Eq. Lutrovl. 3-1. An inform- al undertaking, or one made without the usual formula of interrogation. Calvin.

S P 0 N S I 0 N S. In international law. Agreements or engagements made by certain public officers (as generals or adniirals in time of war) in behalf or their goveinments. either without authority or in exccss of the anthority under which they purport to be made, and which therefore require an express or tacit ratification.

SPONSOR. A surety; one who makm a promise or gives security for another, partic- ularly a godfather in beptisin.

In the civil law. one who intervenes for another voluntarily and without helng re- quested.

SPONTE OBLATA. Lot. A free gift or present to the crown.

Spnnte vitlim mnlier fugiens at adul- tera fncta, date nus carcat, nisi spmisi

spouts retrncta. Co. Litt. 321}. Let a