Page:Black's Law Dictionary (Second Edition).djvu/1134

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SUPREMA POTESTAS

Siiprcrua. potestal leipsam dissolvere

pntest. Supreme power can dissolve itself. Bac. Max.

SUPREMACY. The state of being supreme, or in the highest station of power; paramount authority; sovereignty; sovereign power.

—Act of supremacy. The English statute 1 Eliz. c. 1, whereby the supi'ein.-icy and auton- omy of the crown in spiritual or ecclesiastical mutteis was declared and established.—Oath of su1iren1nl.'y. An oath to uphold the su- preme power of the kingdom of England in the person of the reigning sovereign.

SUPREME COURT. A court of high

powers and extensive jurisdiction, existing in most of the states. In some it is the oilicinl style of the chief appellate court or court of last resort. In others (as New Jersey and New York) the supreme court is a court of general original Jurisdiction. possessing also (in New York) some appellate jurisdiction, but not the court of last resort. —Supx-nine court of errorl. In American law. An nppellnre tribunal, and the court of last resort. in the state of Connccticut.—Su- pr-cine court of the United States. The court of last resort in the federal judicial systei_:n._ It is vested by the constitution with original jurisdiction in all cases aticcting ambassadors, puhlic ministers, and consuls, and those in which a state is a party, and appellate J_u _ iction over all other cases within the Judicial poiver of the United States, both as to law and fact, with such exceptions and under such regulations as congress may make. Its appellate powers extend to the subordinate federal courts, and also (in certain cases) to the supreme courts of the several states. The court is composed of a chief justice and eight associate justices.—Sup:-enie judicial court. In American law. An appellate trihnniii, and the court of last resort, in the states of Maine, Massachusetts, and New Hampshire.

SUPREME COURT OF JUDICATURE. The court formed by the English Judicature act, 1873. (as modified by the Judicature act, 1375, the appeiiate Jurisdiction act, 1876, and the Judicature acts of 1377, 1879, and ISSI.) in substitution for the various sn- perior courts of law, equity, admiralty, pro- bate, and divorce, evisting when the act was passed. including the court of appeal in clum- cery and bzinliruptcy, and the excheqner clianilicr. It consists of two pcrmaneiit di- visions, via, a court of original Jurisdiction, called the “high court of Justice,” and a court of appeilate jiirisdiction, culled the "coiirt of appeal." Its title of “supreme" is now a misiiomer, as the superior appellate jurisdiction of the house of lords and privy CDl'lI]('il, which was originally intended to be tninsferi-ed to It, has been allowed to remain. Sweet —-High court of justice. That branch of ti English supi-enic court of judicatui-c (q. 1).) iv ir-I1 exercises (1) the original jurisdiction formerly exercised by the court of chnncery. the courts of queen's bench common pleas, and e\'r-hequer, the courts of probate, divorce, and ailiuiialty, the court of common pleas at Lian- uisier, the court of plans at Durham, and the

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SURGHA RG-E

courts of the judges or commissioners of assize‘ and (2) the appellate jurisdiction of such 0 those courts as heard nméeuls Erom inferior courts. Judicature act. 187 . § 16.

SUPREME POWER. The highest authority in a state, all other powers in it be ing inferior thereto.

SUPREMUS. Lat. Last: the lust.

Supreinus est quem neinii seqiiltiir. He is last whom no one follows. Dig. 50, 16.

0

SUB. Fr. On; upon; over. In the litles of real actions "sin-" was used to point out \\l.\i1t the writ was founded upon. 'l'li-. a real action brought by the owner of a is- version or seigniory, in certain cases whoa his tenant repudiated his tenure, iv-is called “a writ of right suir disclaimer." So, a mi of entry sur iiisacisin was a reai action to re cover the possession of land from a disselsor. Sweet.

—Sur cui ante divortium. See CUI ANTI DIVORTIUM.—S\'l1‘ cut in vita. A Iilrltvlllll lay for the heir of a vsoinan whose hu-«nail had nliened her liind in fee, and she had ouiilferl to biing the writ of (mi in vita for the ream. thereof: in which case her heir might have inis writ against the tenant after her (lE<.e.'.lSe. Cow ell. See Cor IN \ITA.-—Slll‘ disclaimer. -\ writ in the nature of a writ of right hruufit by the lord against a tenant who had disclaiiiii-ii his tenure, to recover the land.—Sur mort- gage. Upon a mortgage. In some states the method of enforcing the secuiity of a l1l0l'Lg!.,’£. upon default, is by a uric of ‘shire fllclas ru/r mortgage," which requires the defendant (mark gagor) to show cause why it should not he foreclosed.

SURCIIARGE, ii. An overcharge; an ex- uctioii. iiiipost, or lncumlirauee beyond what is Just and right, or beyond one‘s authority or power. “Surchargo" may mean a second or further mortgage. Wharton.

SURCHARGE, v. To put more cattle upon a common than the herbage will sustain or than the party has a right to do. 3 Bl. Comm. 237.

In equity practice. To show that a particular Item, in favor of the party surcharging, ought to have been included, but was not. in an account which is alleged to be settled or complete

—Seonnrl surcharge. In English law. The surcharge of a common a second time, by the same (lLf€ll(li\l1t against whom the common was before adincasured, and for which the writ of -!('CDlld sizrclia.i-pe was given by the statute of Wcstmiustei-. L. 3 B. Comm. %9.—Siir- charge and falsify. This phrase, as used in the courts of chancery, denotes the liberty which these courts will occasionally grant to a. plaintiff, who disputes an nccount which the defenilnnt alleges to be settled. to scrutinize particular items therein without opening the entire account The showing an item for which credit ought to have been given, but was not. is to surcharge the nccount; the proving: on item to have been inserted wrongly is to falsify the lll"COI.‘lflt. Brown. See Philips v. Reid:-u,

2 Edw. Ch. (N. Y.) %; Rehill v. 1\Ic’l'ag'ue,