Page:Black's Law Dictionary (Second Edition).djvu/1126

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


are assessed to satisfy a bare legal right. Wharton.

SUZBSTANTIVE LAW. That part of the law which the courts are established to ad- minister, as opposed to the rules accordingto

0 which the substantive law itself is ad.iuinistered. That part of the law which creates, dehues, and regulates rights, as opposed to acliezlii-e or remedial law, which prescribes the nieihod of enforcing rights or obtaining

redress for their invasion.

SUBSTITUTE. One appointed in the place or stead of another, to transact business for him; a proxy.

A person hired by one who has been draft-

ed into the military serilce of the country, to go to the front and serve in the army in his stead.

SUBSTITUTED EXECUTOR. One appointed to act in the place of another executor upon the happening of a certain event: a. _a., if the latter should refuse the office.

SUBSTITUTED SERVICE. In English prnctiee. Service of process made under aiilhiirization of the court upon some other person, when the person who should be served cannot be found or cannot be reached.

In American law. Service of process upon a defendant in any manner, authorized by statute, other than personal service within the jurisdiction: as by publication, by mailing a copy to his last known address, or by personal service in another state.

SUBSTITUTES. In Scotch law. The person first called or nominated in u taiizie (entaihnent of an estate upon a niiniiier of heirs in succession) is called the “iustitute" or "heir-institute;" the rest are called “ub- slitutes."

SUBSTITUTIO EIEREDIS. Lat. [11 Roman law, it was couipeteut for a testator after instituting a haarea (called the "Iiwrca iiL..\-Hiatus") to subsiitute another (called the "/I.tB1'6.'l’ substitutes") in his place in a certain event. If the event upon which the substitution was to take eifect was the refusal of the instituted heir to accept the inheritance at all, then the suiistituiion was called “out- _aari.9." (or (-nnimon:) but if the event was the death of the infant (pupillus) after ac- Ceptflnte, and before attaining his majority, (of fourteen years if a male, and of twelve years if a feniiile,) then the substitution was called "pupi'llaris." (or for minors.) Brown.

SIFBSTITUTIDN. In the civil law. The putting one person in place of another; particularly, the act of I]. testator in naming a second devlsee or legatee who is to take the bequest either on failure of the original devises or legatee or after him.



In Scotish law. The enumeration or designation of the heirs in a settlement of prop- erty. Substitutes in an entail are those heirs who are appointed in succession on failure of others.

SUBSTITUTIONAL, SUBSTITUTIONARY. Where a will contains a gift of prop- erty to a class of persons, with a clause pro- viding that on the death of a member of the class before the period of distribution his share is to go to his issue. (if any,) so as to substitute them for him, the gift to the issue is said to be substitutionnl or substitutionary. A bequest to such of the children of A, as shall be living at the testatoi-‘s death, with a direction that the issue of such as shall have died shall take the shares which their parents would have taken, if living at the testiitor's death. is an example. Sweet. See Acken v. Osborn, 45 N. J. Eq. 377, 17 Atl. 767; In re De Lavcaga's mtate, 119 Cal. 651, 51 Pac. 1074.

SUBSTRACTION. In French law. The fraudulent appropriation of any property, but particuiarly of the goods of a decedent's estate.

SUZBTENANT. An under-tenant; one who leases all or a part of the rented premises from the original lessee for a term less than that held by the iatter. Forrest v. Dnroeli, 86 Tex. 1347, 26 S. W. 481.

SUBTRACTION. The offense of With- holding or witbtlinwing from another man what by law he is entitled to. There are various descriptions of this offense, of which the principal are as follows: (1) Subtraction of suit and services, which is a species of in- jury ai1‘ect:ing a man's real property, and consists of a withdrawal of (or a neglect to perform or pay) the feaity. suit of court, rent, or services reserved by the lessor of the land. (2) Subtraction of tithes is the withholding from the parson or vicar the tithes to which he is entitled, and this is cognizable in the ecclesiastical courts. (3) Subtraction of con-

| rights is the Withdrawing or Withholding by a husband or wife of those rights and

privileges which the law allows to either party. (4) Suhtiaction of legacies is the withholding or detaining of legacies by an executor. (5) Subtraction of church rates, in English law, consists in the refusal to pay the amount of rate at which any individual parishioner has been assessed for the necessary repairs of the parish church. I’-i own. —S-nhtx-action of conjugal rights, The act of ti husband or wife living separaii-iy from the other without a lawful cause. 3 Bl. Comm.

SUBURBANI. Lat. In old English law. Husbandmen.

SUBVASSORES. In old Scotch law. Base holders; inferior holders; they who

held their lands of knights. Skene.