Page:Black's Law Dictionary (Second Edition).djvu/1137

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the court of ordinary, court of probate, etc... reiatlng to matters of probate, etc. eI_1t, Comm. 409, note . And see Robinson v. II‘a1 128 U. S. 53, 9 Sup. Ct. 30, 32 L. Ed. 41-3; in re Izlawiey, 10-}. N. Y. 250. 10 N. E. 352.

SURSISE. Neglect ; omission ;

SURSUM REDDEEE. Lot. In old con- veyancing. To render up; to surrender.

L. Fr. In old English law. default; cessation.


SURVEY. The process by which a par- cel of land is measured and its contents ascertulned; also a statement of the result of such survey, with the courses and distances and the quantity of the land.

in insurance law, the term “the survey" has acquired a general meaning, inclusive of what is commonly called the “application," which contains the questions propounded on behalf of the company, and the answers of the assured Albion Lead Works v. Wllliams- burg City F. Ins. Co. (0. O.) 2 Fed. 484: May v. Buckeye Ins. C0,, 25 Wis. 29]. 3 Am Rep. 76.

—Snrvey of a vessel. A public document, looked to both by underwriters and owners, as niIui-din,-3 the means of ascertaining, at the hnie and place, the stale and (ondition of the nu]: and other property at hazard. Potter v. 01.:-an ins. Co., 3 Sumn. 43, 19 Fed. Cos. 1.173; v. Sun Mut. Ins. Co., 8 Bosw. (N.

Lat. A surren-

SURVEYOR. One who makes surveys of

land; one who has the overseeing or care of another person's land or works. —Surve'ynr of highways. In English law. A person elected by the inhabitants of a parish. in Vestry assembled. to survey the highways therein. IIe must possess certain qualifications in point of pro erty; and, when elected, he is compeilahic. un ess ‘he can show some grounds of exemptio . to take upon bimseif the office. Mozlcy & Wi.L'ltley.—Surveyor of the port. A revenue officer of the United States appointed for each of the principal ports of entry. whose duties chiefly concern the importstious at his station and the determination of their amount and valuation. Rev. St. U. S. E 2627 (U. S. Comp. St. 1901, p. 1810).

SURVIVOR. One who survives another; one who outlives another; one of two or more persons who lives after the death of the other or others.

SURVIVORSHIP. The living of one of two or more persons after the death of the other or others.

Survlvorsliip is where a person becomes entitled to property by reason of his having survived another person who had an interest in it. The most famiiiar example is in the case of joint tenants, the rule being that on the death of one of two joint tenants the whole property passes to the survivor. Sweet.

SUS. PER COLL. An nbbreviation of “ruspendatur pcr collum," let him be hanged

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9 SUSPICION by the neck. Words formerly used in England in signing judgment against a prisoner who was to be executed; being written by the judge in the margin of the sheriff‘s cal- endar or list, opposite the prisoner’s name. 4 Bl. Comm. 403.

SUSPEND. To interrupt; to cause to cease for a time; to stay, delay, or hinder; to discontinue temporarily, but with an expectation or puipose of resuniption. To for- bid a public officer, attorney, or ecclesiastical person from performing his duties or exer- cising his functions for a more or less definite interval of time. see Insurance Co. v. Aiken, 32 Va. -128; Stack v. O'Hara, 98 Pa. 232; Reeside v. U. 8.. 8 Wall. 42, 1:) L. Ed. 318; \\ illiston v. Camp. 9 Mont. 83. 22 Pac. 501; D3 er v. Dyer. 17 R. 1. 5-17. 23 At]. 910; State v. Melvin. 106 M0. 565, 66 S. W. 534; Poe v. state, 72 Tex. 625, 10 S. W. 732. See Susenmsron.

SUSI-‘END}‘.'It. In Scotch law. He in whose favor a suspension is made

SUSI-‘ENSE. When a rent, proflt 0. prendre, and the like, are, in consequence of the unity of possession of the rent, etc., of the land out of which they issue. not in ease for n time, they are said to be in suspense, mac Ilurmium; but they may be revived or awak- ened. C0. Litt. 31311..

SUSPENSION. A temporsry stop of a right, of a law, and the like. Thus, we speak of a suspension of the writ of helices corpus, of a statute, of the power of alienating an estate, of a person in office. etc

Suspension of a right in an estate is a temporary or partial uithholding of it from use or exercise. it differs from extmguishment, because a suspended right is susceptible of being revived, which is not the case where the right was extinguished.

In ecclesiastical law. All ecclesiastical censure, by which a spiritual person is either interdicted the exei-rise of his ecclesiastical function or hindered from receiving the prof- its of his benefice. It may be partial or total. for a limited time, or forever, when it is called “deprivation" or “a.motion." Ayl. Par. 501.

In Scotch law. A stay of execution un-

til after a further consideration of the cause. Ersk, Inst. 4, 3, 5. —P'lesis in suspension, were those which showed some matter of temporary incapacity to proceed with the action or suit. Steph. Pl. 45.—Suspensinn of arms. An agreement between belligerents. made for a short time or for a particular place, to cease hostllties.


SUSPICION. The act of suspecting or the state of being suspected; imagination,

generally of something ill; distrust; mistrust; doubt. Mccalla v. State, 66 Ga. 348.