Page:Black's Law Dictionary (Second Edition).djvu/1124

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SUBJECTION

SUBJECTION. The obiigation of one or iiioi-e poisons to act at the discretion or according to the judgment and will or others.

SUBJECT-MATTER. The thing in controversy, or the matter spoken or written

0 about.

Snblntn cnnnn. tnllitur efleetul. Lilli’. 303. feet ceases.

Co. The cause being removed the ef-

S-nblata venerntione miigisti:-atnnm. respulflica x-nit. When respect for magistrates is taken away, the commonwealth falls. Jenk. Cent. p. 46, case 81.

Snblnto fnndinnento oadit opnl. Jenk. Cent. 106. The foundation being removed, the superstructure falls.

Snbbato prineipali, tollitnr adjunctum. \Then the principal is taken away, the inci- dent is taken also. C0. Litt. 38911.

SUBLEASE. A lease by a tenant to an- other person of a part of the premises held by him; an under-lease.

SUBMISSION. A yielding to authority. A citizen is bound to submit to the laws; ii child to his parents.

In practice. A submission is a covenant by which persons who have a lawsuit or difference with one another name arbitrators to decide the inaiter, and bind themselves recip- rocally to perform what shall be arbltrated. Clv. Code La. art. 3009; Garr v. Gomez, 9 Weird. (N. Y.) 661; District of Columbia V. Bailey, 171 U. s. 161, 18 Sup. Ct. 868, 43 L. Ed. 118; Choi-penning v. U. S., 11 Ct. Cl. 628; Shed v. Rallroiid Co., 67 M0. 687.

In maritime law. Submission on the part

or the vanquished, and complete possession on the part or the victor, transfer property as between beiligerents. The Alexander, 1 Gull. 582, Fed. Cas. No. 164. —Sn'hm.isaio:n bond. The homl ‘by which the parties agree to submit their matters to arbitration, and by which they bind themselves to abide by the award of the arbitrator, is com- 'monly caliud a “submission bond.” Brown.

SUBMIT. To propound; as an advocate aiibinits a proposition for the approval of the court.

Applied to a controversy. it means to place it before a tribunal for determination.

SUBMORTGAGE.}} When a person -who holds a mortgage as security for a loan which be has made. procures :1 loan to himself from ii tlilrd person, and pledges his niortg.-ige as security, he effects what is called a "submort- gage."

SUBNERVARE. To hamstring by cutting the sinews or the legs and thighs.

It was an old custom inrrretrires ct iiimudb cos mulieres aubnervare. Wharton.

1116

SUBROGATION

SUZBNOTATIONS. In the civil law. The answers of the prince to questions which had been put to him respecting some obscure or douhtful point of law.

SUBDRN. In criminal law. To pI‘0(‘Lli1 another to commit perjury. Steph. Cruii. Law, 7-1.

SUBORNATION OF PERJURY. Ill criminal law. The offense of procuring an- other to take such a raise oath as wouid constitute perjury in the principal. See Stone V. State, 118 Ga. '70.’), 4.5 S. E. 030, 98 Am. St. Rep. 145; State v. Fahey, 3 Pennewill (Del.) 594, 54 All. 690; Bmlze v. Geer, 46 Kim. 529, 26 Pac. 1M7.

SUBORNER. One who subnrns or procures another to commit any crime, particu- larly to commit perjury.

SUB!-‘CENA. The process by which the atieiidailce of a witness is required is (:i.'IiiE‘Li ii "subpoena." It is a writ or order directed to a person, and requiring his atieiidanre at a particuiar time and place to testify as :1 wit- ness. It may also require him to bring with him any books, documents, or other thlflgfl under his conti-oi which he is bound by iaw to produce in evidence. Code Clv. Prac. Cal. 5 1985. See Dlshaw v. Wadleigli, 15 App. Div. 205, 44 N. Y. Supp. 207; Alexander v. Harrison, 2 Ind. App. 47, 28 N. E. 119; Bleecker v. Carroll, 2 Abb. Prac. (N. Y.) 82.

In chance:-y practice. A mandatory writ

or process directed to and requiring one or more persons to appear at :1 time to come and answer the matters charged against him or them. —S-n'bpcen.a, ad teatifieandnm. Suhprnna. to testify. The common subpoena requiring the attendance of a witness on zi trial, iuquisition. or examination. 3 Iii. Comm. 369: In re Strauss, 30 App. Div. 610, 52 N, Y. Supp. 3‘.')‘_’.—Sii'h- pcenn. d-noes tacnni. A subpwna used, not only for the purpose of compelling witnesses to attend in court, but also requiring them to bring with ilmm hooks or documents which may he in their possession, and which may tend_to elucidate the subject—m.atter of the trial. Brown; 3 Ill. Comm. 382.

SUBRZEPTIO.}} Lat. In the civil law. Obtaining gifts of escheat, etc. from the king by concealing the truth. Bell: Calvin.

SUBREPTION. In French law. The trnud comlniited to ohtain a pardon, title, or grant, by alleging facts contrary to truth.

SUBROGATION. The substitution of one thing for another, or of one person into the place of another with respect to rights, claims, or securities.

Subrogation denotes the putting a third person who has paid a debt in the place or the creditor to whom he has paid it, so as

that he may exersice against the debtor all