Page:Black's Law Dictionary (Second Edition).djvu/1132

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SUPERINSTITUTION 11

previously instituted; as where A. is admitted and instituted to a heucfice upon one title, and B. is admitted and instituted on the title or presentment of another. 2 Cro. Eliz. 463.

A church being full by institution, ii’ a second institution is granted to the same church this is a superinstitution. Wharton.

SUPERINTENDENT REGISTRAR. In English law. An officer who superintends the registers of births, deaths, and marriages. There is one in every poor-law un- ion in England and Wales.

SUPERIOR. Higher; more elevated

in rank or oiiiivce. Possessing larger power.

Entitled to command, influence, or control over another.

In estates, some are superior to others. An estate entitled to a servitude or easement over another estate is called the "superior" or "dominant," and the other, the “i.ui'erior"

or “ser\~icnt." estate. 1 Bouv. Inst. no. 1612.

In the feudal law, until the statute quid. emptores precluded suhinfcudutions, (q. -o.,) the tenant who granted part of his estate to be held of and from himself as lord was

called a "superior." —Supsx-ior and vassal. In Scotch law. A feurlil relation corresponding with the English "ioid and tenant" Bsli.—Snperior courts. In English law. The courts of the highest and most extensive jurisdiction. viz., the court of chancery and the three courts of common law. 1'. c., the queen's bench, the common pleas, and the exchequer, which sit at Westminster, were commonly thus denominated. But these courts are now united in the supreme court of jurlic-iture. In American law. Oourts of general or extensive_ jurisdiction, as distin- guished from the inferior courts. As the official .911/le of a tribunal, the term “superior court?’ hears a dilIerent meaning in dificrent states. In some it is a court of intermediate jurisdiction between the trial courts and the chief appnllnte court: elsewhere it is the designation of the ordinary nisi prius courts; in Delaware it is the court of last resort.—Superior fellow servant. A term recently introduced into the law of neglizence, and meaning one higher in authority than another, and whose commands and directions his inferlors are bound to respect and obey, though engaged at the same manual work. Illinois Gent. R. Co. v. Coleman, 59 S. W. 14, 22 Ky. Law Rep. 873: Iinutter v. Telephone C0,. 67 N. J. Law, 646, 52 At]. 505. 58 L. R. A. 808.—Superior force. In the law of baihnents and of negligence, on uncontrollable and irresistible force, of human agency. producing results which the person in question could not avoid; equivalent to the

Latin phrase “via major." See ‘Is. SUPERIORITY. In S(‘0tCh law. The

domim‘um- (iii-cctmn of lands, without the profit. 1 Forb. Inst. pt. 2, p. 97.

SUPERNUMERARII. Lat. In Roman law. Advocates who were not registered or enrolled and did not belong to the college of advocates. They were not attached to any local jurisdiction. See Srsrun.

SUI-‘ERONERATIO.}} Lat. Surcharging a common: L e., putting in beasts of a num-

4 SUPERVISOR

her or kind other than the right of common allows.

—Supe1-oneratione asturm. A judicial writ that luy against im who was lrdplendcd in the countv court for the surc‘lmr:;e of a com- mon with his cattle, in a case where he was formerly impleaded for it in the same court, and the cause was removed into one of the superior courts.

SUPERPLUSAGIUM. In old English law. Overplus; surplus: residue or balance. Bract. fol. 301; Spelman.

SUPERSEDE. To annul; to stay; to suspend. Thus, it is said that the proceedings of outlawry may be superseded by the entry of alppearance before the return of the exigent, or that the court would supersede s flat in bankruptcy, if found to have been improperly issued. Brown.

SUI-‘ERSEDEAS. Lat. In procure. A writ ordering the suspension or supersediug of another writ previously issued It directs the officer to whom it is issued to refrain from executing or acting under another writ which is in his hands or may come to him.

By a conventional extension of the term it has come to be used as a dssngnation of the offcct of any proceeding or not in I cause which, of its own force, causes a suspension or stay of proceedings. Thus, when we say that a writ of error is a supersedeua. we merely mean that it has the some effect. of suspending proceedings in the court be- low, which would have been produced by a writ of supcrsezieas. See Tyler v. Presley, 72 Cal. 200. 13 Pac. 856; Woolfolk v. Bruns, 45 Minn. 90, 47 N. W. 460; Hovey v. liio Donald, 109 U. S. 150, 3 Sup. Ct. 136, 27 L Ed. SSS‘, Runyon v. Bennett, 4 Dana (Ky.) 599, 29 Am. Dec. 431.

SUP]-DRSTITIOUS USE. In English law. W'hen lands, tenements, rents, goods. or chattels are given, secured, or appointed for and towards the maintenance of a priest or chaplain to say mass, for the maintenance of a priest or other man to pray for the soul of any dead man in such a church or else- where. to have and maintain perpetual ohits, lamps, torches, etc., to be user] at certain times to help to save the souls of men out of purgntor_v,—i.u such cases the kluiz, by force of several statutes, is authorized to direct and appoint all such uses to such purposes as are truly charitable. Bac. Ahr. “Chantable Uses." See Methodist Church v. Remington, 1 Watts (Pa.) 2%, 26 Am. Dec. 61: Harrison v. Brophy, 59 Kan. 1, 51 Pan. SS3. 40 L. R. A. 721.

SUPERVISOR. A surveyor or overseer: a highway officer. Also, in some states, the chief officer of a town; one of a board of county officers.

—Supervisors of election. Persons appointed and commissioned by the judge of the cir-