Page:Black's Law Dictionary (Second Edition).djvu/1133

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


SUPPLEMENT, LETTERS OF

cnit court of the United States in cities or towns of over 20,000 inhabitants. upon the written application of two citizens, or in any county or parish of any congressional district upon that of ten citizens, to attend at all times and places fixed for the registration of volers for representatives and delcgates in cor'..rrss, and supervise the registry and mark vi. ‘st of voters in such manner as will in ‘ndgment detect and expose the impioper ruuuinl or addition of any name. Rev. St. . S. § 2011, ct seq.

SUPPLEMENT, LETTERS OF. In Scotch practice. A process by which a party not residing within the jurisdiction of an in- ferior court may be cited to appear before it’. Bell.

SUPPLEMENTAL. Something added to supply defects in the thing to which it is added, or in aid of which it is made.

—Su1ip1ementa.l ailidavit. An aflidavlt mind. in addition to a pre\ious one. in order to sup’-ly some deficiency in it. Cniinn v. Lu- keu:-" Ml Pa. 13G.—Supp1ementnl answer. One which was filed in chnncery for the ‘purpose of correcting, adding to, and explaining an nuswcr already filed. S ' . . 334. F l'(‘liK‘i1 v. Edwards, 9 Fed. Cas. 780.—Snpplemental ‘bill. In equity pleading. A hill filed in addition to an original bill. in order to supply some defect in its oiigmal frame or structure It is the appropriate remedy where ilie matter‘ sought to hr ~'I|'ppii('¢i cannot be i by amendment. Story, Eq.39Pl. §§

South 697: Schwab v. Scliwrih. 93 Md. 0 At]. 331, 52 L. R. A. 414‘ Thompson r Raiirond Co. (0. c.) 119 Fed. (534: Butler v. Cunningham, 1 Barb. (N. Y. Minter. 2 Ala. 411.—‘' 11111 A further claim which was fi relief was sought after the bringing of a claim. Smith. Ch. G55.—Supplsnienta.'.l complaint. Under the codes of practice obtaining in some of the states, this name is given to 1: complaint filed in an acLion, for the purpose of supplying some defect or omission in the original complaint, or of adding somethin to it which could not 1)r'upPri_v he introduce liy amendment. See Ponder v. Tate. 132 Ind. 327, 30 N. E. 880; Pillfll‘-‘I r McDonald Lumber CD.. 74 Wis. 137, 4.2 I\ W. '0.

23. SUPPLETORY OATH See OATH.

SIIPPLIANT. The actor in, or party preferring, a petition of right.

SUPPLICATIO.}} Lat. in the civil law. A petition for pardon of a first offense: also a petition for reversal of ‘ ‘ ; also

SUPPLEMENT, LETTERS OF 11

5 SUPRA

SUPPLIES. In English law. The “supplies" in parliamentary proceedings signify the sums of money which are annuaily voted by the house of commons for the maintenance of the crown and the various public services. Jacob; Brown. -

SUPPLY, COMMISSIONERS OF. Persons appointed to levy the land-tax in Scot- land, and to cause a valuation roll to be annually rurule up, and to perform other duties in their respective counties. l3elL

SUPPLY, COMMITTEE 0!‘. In English law. All bills which relate to the pub- iic income or expenditure must originate with the house of commons, and all bills authorizing expenditure of the public money are based upon resolutions moved in a com- mittee of supply, which is aluays a committee of the \\ hole house. Wharton.

SUPPORT, v. To support a rule or order is to argue in ans“ er to the arguments of the party who has shown cause against a rule or order misi.

SUPPORT, 11.. The right of support is an easement consisting in the pi-iillege of resting the joists or beams of one‘s house upon, or inserting their ends into, the “all of an adjoining house belonging to another owner. It may arise either from contract or prescription 3 Kent, Comm. 436.

Support also signifies the right to have one's ground supported so that it will not cave in, when an adjoining owner makes an excavation.

SUPPRESSIO VERI. Lat. Suppression or concealment of the truth. "It is a rule of equity, as well as of law, that a 31111- ilressio 1'6-ri is equivalent to a suygestiu ]‘u.l.ii,' and where either the suppression of the truth or the suggestion of what is false can be proved. in a fact niateriai to the contract. the party injured may have relief against the contract." Fleming v. Sior-um, 18 Johns. (N. Y.) 405, 9 Am. Dec. 2'24.

Supp:-essio veri, expressin falsi. Slippresslon of the truth is [equivalent to] the expression of what is false. Addington v. Allen, 11 Weiid. (N. Y.) 374, 417.

equivalent to ‘du1ili7ciztio," which corresponds to the common law rejoinder. Calvin.

SUPPLICAVIT. In English law. The name of a writ issuing out of the king's bench or Chancery for taking snreties of the peace. it is commonly directed to the justices of the peace, when they are averse to acting in the affair in their judicial capacity. 4 Bl. Comm.

SUPPLICIUM. Lat. In the civil law. Piiiiishment; corporal punishment for crime. Death was called ' su.p12lic1‘um," the last or extreme penalty.

“ __ vex-i, ' falli. Sup pression of the truth is [equivalent to] the suggestion of what is false. Paul v. Had-

ley, 23 Barb. (N. Y.) 521, 525.

SUPRA. Lat. Above; upon. This word occurring by itself in a book refers the reader to a previous part of the book, like “ante,-" it is also the initial word of several Latin

phrases. —_Supra protest. See Pao'i'Esr.—Snp:rarxparian. Upper riparian; higher up the

stream. This term is npplied to the estate, rights, or duties of a riparian proprietor whose land is situated at a point nearer the source of the stream than the estate with which it is

compared.