Page:Black's Law Dictionary (Second Edition).djvu/1131

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SUMMONS

rzliisloris of the action, with the warrant for rirlng the defender. This wrlt corresponds to the writ of summons in English procedure. Bell; Patcrs. Comp. —Summons and order. In English practice. In this phrase the summons is the application in a common-law judge at chambers is reference to a pending action, and upon it the judge or master makes the order. Mozlry ii “'hMey.—Sn.mmons and severance. The

oper name of what is distinguished in the L? by the name of “summons and severance" is sr=venince;" for the summons is only a fll'0Cr.3 which must. in certain cases, issue before judgment of severance can be given; while tlrerance is a judszment by which, where two or more are joined in an action. one or more of ll1(-Sc is enabled to proceed in such action irltlmut the other or others. Jacob.

SIIMZMUM JUS. Lat. Strict right-, ex- ireine right. The extremity or rigor of the law.

Summum jun, lnmmn lnjnria; onmmn iex, summfi. crux. Extreme law (rigor of law) is the greatest injury-, strict law is great punishment. Hob. 125. That is, insistence upon the full measure of a man's strict legal rights may work the greatest injury to others, unless equity can aid.

SUMNER. See SOMPNOUB.

SIIMPTUARY LAWS. Laws made for ihe purpose of restraining luxury or extrav- ll’.-.’[l'l1£‘e. particulariy against iuordinate expenditures in the matter of apparel, food. tiirniture, etc.

SUNDAY. The first day of the week is designated by this name: also as the “Lord's Day," and as the “Sabhath."_

S170 NOMINE. Lat. In his own name.

S170 PEEICULO. perll or risk.

Lat. At his own

517 P}: 1.1. E x. Lat. In Roman law. Household furniture. Dig. 33. 10.

5171’!-JR. Lat. Upon: ahove; over.

—5nper nltnm more. On the high sea. Fish. 212; 2 Lt]. Raym. 1453.—Super prerogstiva. regis. A writ which formerlv lay against the king's tenant's widow for marrying without the royal license. Fitzh. Nat. Brev. l'l4.—Super statute. A writ. upon the sht- nte 1 Edw. III. 1:. 12, that lay against the king's tenant holding in chief, Who aliened the king's land uitliout his l.icense.—Super ltatuto de nrtieulis cleri. A writ which lay against a sherill” or other ofiioer who dis- ualned in the king's highway, or on lands acnin-ntlv belonging to the church —Super stat- ntn fnoto pour seneschrd at marshal do my, etc. A writ which lay against a steward or marshal for holding plea in his court, or for trespass or contracts not made or arising withln the kln§,"s household. Wha1‘inn.—Super Itatuto versus servantes et Inborntores. A writ which lay against him who kept any servants who had left the service of another

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SUPERINSTITUTION.

contrary to law.—-Super visum co:-pods. Upon view of the body. When an inquest is held over ii. b_ody found dead, it must be all/per visum corpora.

Super iidem chnrtnrum, mortuil testi- lms, erit ed pntriam do necessitate re- ourrendum. Co. Litt 6. The truth of charters is necessarily to be referred to a jury, when the witnessa are dead.

SIl'.PER—JUZB.ARE. Over-swearing. A term anciently used when a crimi.ual endeav- ored to excuse himself by his own oath or the oath of one or two witnesses, and the crime objected against him was so plain and notorious that he was convicted on the oaths of many more witnessa. Wharton.

SUPERARE RATIONES. In old Scotch law. To have a balance of account due to one‘. to have one's expenses exceed the re ceipts.

SUPERCARGD. An agent of the owner of goods shipped as cargo on a vessel. who has charge of the cargo on board. sells the same to the best advantage in the foreign market, huys a cargo to be brought back on the return voyage of the ship, and comes home with it.

SUPERFICIARIUS. Lat. In the civil law. He who has built upon the soil of an- other, which he bas hired for a number of years or forever, yielding a yearly rent. Dig.

43, 18, 1. In other words, a tenant on ground-rent. SUPERFICIES. Lat In the civil law.

The alienation by the owner of the surface of the soil of all rights necessary for building on the surface, a yearly rent being generaliy reserved: also a building or erection. Sandars' Just. Inst. (5th Ed.) 133.

Superflun non nucent. Superfluities do not prejudice. Jenk. Cent. 184. Surplusage does not vitiate.

SUPERFLUOUS LANDS, in English law, are lauds acquired by a railway company under its statutory powers, and not required for the purposes of its undertaking. The company is bound within a certain time to sell such lands, and, it it does not, they vest in and become the property of the owners of the adjoining lands. Sweet.

SUPERFIJETATION. In medical jurisprudence. The formation of a frrma as the result of an l.l'il[)I'Cg11i1tl0Ii occurring after another impregnation, but before the hirth or the ofispring produced by it. Webster.

SUPERINDUCTID. Lat. In the chi! law. A species of obliteration. Dig. 28, 4, 1, 1.

SUPERINSTITUTION. The institution

at one to an office to which another has been