Page:Black's Law Dictionary (Second Edition).djvu/1123

From Wikisource
Jump to navigation Jump to search
This page needs to be proofread.


STUMPAGE

STUMPAGE. The sum agreed to be paid to nu owner or land for trees standing (or lying) upon his land, the purchaser helm permitted to enter upon the isnd and to cut down and remove the trees; in other words. it is the price paid for a license to cur. Blood v. Drummond. 67 Me. 478.

STUPRUM. Lat. In the civil law. Un- lmrful intercourse Wit.h a woman. Distin- guished from adultery as being committed Wi[i.l a virgin or widow. Dig. 48, 5, 6.

STURGEON. A royal hsh -which, when either thrown ashore or caught near the coast, is the property of the sovereign. 2 Steph. Comm. 191». 510.

STYLE. As a verb, to call, name, or entitle one; as a. noun, the title or appellation of a person.

SUA SI-‘ONT!-2. Lat. Oi! his or ite own Wiii or motion; voluntarily; without prompting or suggestion.

SIIABLE. That which may be sued.

SUAPTE NATURA. Lat. In its own nature. Suaptc mztura sterilis. bairen- in its own nature and quality; intrinsically harren. 5 Mauie & S. 170.

SUB. Lat. Under; upon.

—Sub colors juris. Under color of right; uudei a show or nppearnnce of right or right- Eui puWer.—S'nb conditions. Upon condition. The proper words to express a condition in a cunicyance, and to create an estate upon condition. Graves v. Detoriing, 120 N. Y. 447, 21 N. _E. (555.—Snli disjunctione. In the al- tcrnative. Fleta, iib. 2, c. 60. § 21.—S-uh ju- dioe. U_nder or before a judge or court; under Judicial consideration; undetermined. 12 East, 409.—Su'h mndo. Under a quaiiiication; SLib]ECt to a restriction or condition.—Su'h nomine. Under the name; in the name of; under the title of.—Su‘h pede eigilli. Under the foot of the soul; under seai. i Stinnge,

'>21.—S-uh potestate. Under, or subject to,

the power of another: used of a wife, child, slave, or other person not and iuris.—Snb salvo et aecnro condnctn. Under safe and secure conduct. 1 Strange, 430. Woi'ds in the old vriit of habca: connus-.—Snli silentio. Under silence; vriiJ.\ont any notice being taken. Passing a thing sub ailentio ma._v be eiidcnre of (.01)- sent.—Sn‘h spa recnncilintionis. Under the hope of 1‘eUJl.lf'iieiI1(‘ui:. 2 Kent. Comm. 127.-— Snb s-no periculo. At his own risk. Fleta, lili. 2. c. 5. § 5.

SUE-BALLIVTIS. An under-iiniliiif ; iib. 2, c. 58, § 2.

In old English law. a sheriff's deputy. Fletu,

SUB-BOIS. Coppice-wood. 2 Inst. 642.

SUBAGENT. An under-agent; a substituted agent; an agent appointed by one who is himself an agent. 2 Kent, Comm. (333.

SUBALTERN. An interior or subordi- nate officer. An officer who exercises his authority under the superintendence and control or a superior.

1115

SUBJECT

SUBCONTRAGT. See CONTEADT.

SUBDITUS. Lat. In old English law. A vassal; a dependent: any one under the power et another. Spelman.

SUBDIVIDE. To divide I part into smaiier parts; to separate into sniailer divi- sions. As, where an estate is to be taken by some of the heirs per .il‘[ii'j)L‘S, it is divided and subdivided according to the number of takers in the nearest degree and those in the more remote degree respectively.

SUEDUCT. In English probate practice, to subduct a caveat is to withdraw it.

SUBHASTAEE. Lat. In the civil law. To sell at public auction, which was done we hasta, under a spear; to put or sell under the spear. Calvin.

SUBHASTATID. Lat. In the civil law. A sale by public auction, which was done under a spear, fixed up at the piuce of sale as a pubhc sign of it. Calvin.

SUBINFEUDATION. The system which the feudal tenants introduced or granting smaller estates out of those which they held oi’ their lord, to be held or theniseives as inferior lords. As this system was proceeding downwnrd ad iiilmitum, and de1'Jrivi.L\g the lords of their feudal profits, it was entirely suppressed by the statute Quia Emptores, 18 Edw. I. c. 1., and instead of it ai- ienation in the modern sense was introduced, so that thencefoith the alienee held of the same chief lord and by the same services thet his aiienor before him held. Brown.

SUBJECT. In logic. That concerning which the affirmation in a proposition in made; the first word in a proposition.

An individual matter considered as the ob- ject of legislation. The constitutions or everal of the states require that every act or the legislature shaii relate to but one subject, which ehiiil be expressed in the title or the ststute. See Ex pnrte Thomas, 113 Ala. 1, 21 South. 369; In re Mayer, 50 N. Y. 5%; State v. County Treasurer, 4 S. C. 5'28; Johnson v. Harrison, 47 Minn. 577, 50 N. W. 923, 28 Am. St. Rep. 382.

In constitutional law. One that owes allegiance to a sovereign and is governed by his laws. The natives of Great Britain are sub- jects or the British government. Men in free governments are subjects as well as ciLi:ens; is citizens they enioy rights and franchises; as subjects they are bound to obey the laws. Webster. The term is little used, in this sense, in countries enjoying a republican form of government. See The Pizarro, 2 Wheat. 245, 4 L Ed. 226; U. S. v. Wong Kim Ark, 169 U. S. 649, 18 Sup. Ct. 456, 42 L. Ed. 890.

In Scotch law. The thing which is the

object of an agreement.