Page:Black's Law Dictionary (Second Edition).djvu/1125

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SUBROGATION

the rlghts which the cieditor, 1! unpaid, might have done. Brown.

The equity by which a person who second- arily liable for a debt, and has paid it, is p_nt in the piece of the creditor. so as to entitle him to make use of all the securities and remcdies

ed by the creditor, in order to enforce gut of exuncrnticn as against the principal duhtnr, or of cuntiihution against others who e in the same rank as himself. Big-‘p. ad.’ And see Fuller v. Davis. 184 ill. ‘. 791: Clialio v. Oliv r. 39 Ark. Cntknim v. V\'cst, 122 Ind. n72. 23 _N. IT. 14 : Mnuslii-ltl v. New York, lhfi N. Y. 208, 53 N. E. BS9: Knigbton \'. Curry. 62 Ala. 404; Gntewood v. Gatewood, 75 Va. 411.

Subrogntion is or two kinds. either conventional or legal; the former being where the siii-1-ugntion is express, by the acts or the creilitor and the third person; the latter being (as in the case of surcties) where the sub- l'n:::l1‘inn ls effected or implied by the operation of the law. See Gordon v. Siewnrt, 4 Nab. (Unof.) S52, 96 N. W. 628; Conuectkut Ilut. L. Ins. Co. v. Cornwell, 72 Hun, 199, ‘:5 N. Y. Supp. 348: seeley v. Bacon (N. J. (‘h.) 34 Atl. 140; Home Snv. Bunk v. Bierstidl‘, 108 I11. 618, 48 N. E. 161, 61 Am. St. Rep. 146.

SUBROGEE. A person who is subrogated: one who succeeds to the rights or another by subrogafion.

SUBSCRIBE. In the law of contracts. To “rite under: to write the name under; to write the name at the bottom or end of a writing. Wild Cat Brunch v. Ball, 45 Ind. 213; Davis v. Shields, 26 Wend. (N. Y) 341.

SUBSCRIBER. One who writes his name under a Wrltten instiurnent; one who atlixes his signature to any document, whether fur the purpose of nuthentic:1l.i.ng o1 attesting it, of adopting its terms as his own expressions, or or binding: himself by an engagement which it Conini.ns.

SUBSCRIBING WITNESS. He who witnesses or atlests the signature of a party to an instrument, and in testimony thereof subscriiues his own name to the document.

A subscribing iVlt]2lE§ is one who sees a writing executed, or hears it acknowledged. and at the request or the party thereupon signs his name as a witness. Code Civ. Proc. Cal. (5 1935.

S'U'.BSCR.IP'I‘I0. Lat. In the civil law. A writing under, or under-writing; a writing of the name under or at the bottom or an lnstrurnent by way of attestation or ratification; subscription.

'lhst kind or Lmperlal constitution which was granted in answer to the prayer of n. petitioner who was present. Galvin.

SUBSCRIPTION. The act or -writing une's name under a written instrument; the atfixing one‘s signature to any document,

111'?

SUBSTANTIAL DAMAGES

whether for the purpose or nulhenticating or attesting it, of adopting its terms as one's own expressions, or of binding one’s sell’ by an engagement which It contains.

Subscription is the act of the band, while attestation is the act of the Foil» 's. [0 sub- sciibe a paper pubiishetl us a will is only to vlrile on the shine pI[)(‘l' the unnw of the wit- ness: to attest I1 Mill is to iuinw that it was published as such, and to certify the fnets_re— qiiired to con.-titule on actual nuil leg-l publication. In ie Downir.-‘s \\-'ill, 42 \\is. mi, 76

A written contracl: by which one engagiz. to contribute a sum of money for a designated purpose. either grntuitnusly, as in the case of sniisl.-riiiing to a charity, or in consideration or an equivalent to be rendered, as a subscuption to a perlmlic-il, a forthcoming book, a series of entertainments, or the like. —Sii‘hscription list. A list of subsciibers to some agreement with each other or a thlrcl per son.

SUESELLIA. Lat. In Roman law. Lower seats or benches, occupied by the indices and by inferior magistrates when they sat in judgment, as distmgnished from the tribunal of the pX':Et0l'. Calvin.

Snbseqnens m.atx-iinoninm tollit pecuntnm pi-aecedens. A subsequent ninrrlage [of the parties] removes a [Jl'e\l0|ls tault, 1'. e., previous illicit intercourse, and legilnmates the offspring. A rule of Roman law.

SUESEQUENT CONDITION. See Con‘ DITIDN. S'U'.BSID'Y. In English law. An aid.

tax, or tribute granted by parliament to the king for the urgent occasions of the king dom, to be levied on every subject of ability. according to the value or his lands or goods. Jacob.

In American law. A grant of money made by governinent in aid of the promoters of any enterprise, work, or improvement in which the government desires to paiticipale. or which is considered a proper subject for state aid, because likely to be of benefit to the public.

In international law. The assistance given in money by one nation to another to enable it the better to carry on a war, when such nation does not join directly in the war. Vattel, bk. 3, § 82.

SUBSTANCE. Essence; the material or essential part of a thing, as distinguished from “form." See State v. Bnrgdoei-fer, 107 Mo. 1, 17 S. W. 646. 14 L. R. A. 846; Iliigo V. Miller, 50 Mlnn. 105. 52 N. W. 381: Pieisoi v. Insurance 00., 7 Houst. (Del.) 307, 31 Atl. 906.

SUBSTANTIAL DAMAGES. A sum, ussessed by way of damages, uhieh is worth

having; opposed to nominal damages, which