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Bouvier's Law Dictionary

Safe
Safe. A Metal Receptacle For The Preser Vation Of Valuables. See Insurance. A Written Permission Given By A Belligerent Government, Or One Of Its Naval Or Military Commanders, Ena Bling An Enemy Subject To Go To A Particular Place For A Particular Object. Risley, Law Of War 156. A Distinction ...

Safety Appliance Act
Safety Appliance Act. The Act Of Congress Of March 2, 1893, Provides That Aft Er January 1, 1898, It Shall Be Unlawful For Common Carriers In Interstate Commerce By Railroad To Use Locomotive Engines Not Equip Ped With Power Driving-wheel Brakes And Ap Pliances For Operating The Train Brake Sys ...

Sailing
Sailing. It Is Sometimes Important, In The Construction Of A Charter Party, Or Mar Ine Insurance Policy, To Know When A Vessel . Commenced Her Voyage, And To This End To Determine What Constitutes A Sailing. It Has Been Held That Complete Readiness For The Sea, With The Intention Of ...

Salary
Salary. A Reward Or Recompense For Services Performed. It Is Usually Applied To The Reward Paid To A Public Officer For The Performance Of His Official Duties. (adopted In 24 Fla. 29.) Salary Is Also Applied To The Reward Paid For The Performance Of Other Services; But If It Be ...

Sale
Sale. An Agreement Whereby The Seller Transfers The Property In Goods To The Buyer For A Consideration Called The Price. "a Contract By Which Property Is Transfer Red From The Seller To The Buyer For A Fixed Price In Money Paid Or Agreed To Be Paid By The Buyer." De ...

Sales
Sales. Statutes Have Been Passed In Nearly All The States And Territories Providing That Con Ditional Sales Or Contracts Of Leasing Or Hiring Of Railroad Equipment Shall Be Valid If Duly Acknowledged And Recorded, And The Name Of The Vendor Or Lessor Placed On Both Sides Of Each Car. Most ...

Sales
Sales. Where The Seller Of Chattels Fails To Perform His Agreement, The Measure Of , Damages Is The Difference Between The Con Tract Price And The Market Value Of The Ar Ticle At The Time And Place Fixed For Delivery ; Windmuller V. Pope, 107 N. Y. 674, 14 N. ...

Salvage
Salvage. A Compensation Given By The Maritime Law For Service Rendered In Saving Property Or Rescuing It From Impending Peril On The Sea Or Wrecked On The Coast Of The Sea, Or, In The United States, On A Public Nav Igable River Or Lake, Where Interstate Or For Eign Commerce ...

Salvor
Salvor. In Maritime Law. A Person Who Saves Property Or Rescues It From Impending Peril On The Sea Or When Wrecked On The Coast Of The Sea, Or, In The United States, On A Public Navigable River Or Lake Where Inter State Commerce Is Carried On, And Who Is Under ...

Sample
Sample. A Small Quantity Of Any Com Modity Or Merchandise, Exhibited As A Speci Men Of A Larger Quantity Called The Bulk. A Part Shown As A Specimen. "webber V. Com., 33 Grath (va.) 909. When A Sale Is Made By Sample, The Ven Dor Warrants The Quality Of The ...

Sanctuary
Sanctuary. A Place Of Refuge. Where The Process Of The Law Cannot Be Executed. Sanctuary Existed Among The Greeks. The Romans Are Said To Have Recognized The Pe Culiar Sacredness Attached To Particular Places As Well As To The Altars Of Their Tem Ples And The Statues Of Their Emperors. ...

Savings Ban K
Savings Ban K. An Institution In The Nature Of A Bank, Established For The Purpose Of Receiving Deposits Of Money, For The Benefit Of The Persons Depositing, To Accumulate The Produce Of So Much Thereof As Shall Not Be Required By The Depositors, Their Executors Or Administrators, At Compound Interest, ...

Scandalous Matter
Scandalous Matter. In Equity Plead Ing. Unnecessary Matter Criminatory Of The Defendant Or Any Other Person, Alleged In The Bill, Answer, Or Other Pleading, Or In The In Terrogatories To Or Answers By Witnesses. Adams, Eq. 306. "impertinent Matter Which Is Also Criminatory, Or Which Otherwise Re Flects On The ...

Sci Re F Aci
Sci Re F Aci As (lat. That You Make Known): The Name Of A Writ (and Of The Whole Proceeding) Founded On Some Public Record. Fost. Fed. Pr. 301. A Judicial Writ At Common Law To Revive Judgments Or To Obtain Satisfaction Thereof, From Sureties Upon Bail Or Other Recogniz ...

Scilicet
Scilicet (lat. Acirc, To Know, /tea, It Is Permitted ; You May Know ; Translated By To Wit, In Its Old Sense Of To Know). That Is To Say ; To Wit ; Namely. It Is A Clause To Usher In The Sentence Of Another, To Particularize That Which Was ...

Scintilla Of Evidence
Scintilla Of Evidence. The Doc Trine That Where There Is Any Evidence, How Ever Slight, Tending To Support A Material Is Sue, The Case Must Go To The Jury, Since They Are The Exclusive Judges Of The Weight Of The Evidence ; Mercier V. Mercier, 43 Ga. 323 ; Brooks ...

Scire Fieri Inquiry
Scire Fieri Inquiry. In English The Name Of A Writ Formerly Used To Recover The Amount Of A Judgment From An Executor. The History Of The Origin Of The Writ Is As Follows: When On An Execution De Bowls Testatoris Against An Executor The Sheriff Returned Nuita Bona And Also ...

Se Defendendo
Se Defendendo (lat.). Defending Him Self. Homicide Se Defendo May Be Justifiable. Sea. The Ocean ; The Great Mass Of Water Which Surrounds The Land, Covering Nearly Three-quarters Of The Globe. Waters Within The Ebb And Flow Of The Tide Are To Be Con Sidered The Sea ; Thackarey V. ...

Se Isin
Se Isin. The Completion Of The Feudal In Vestiture, By Which The Tenant Was Admitted Into The Feud And Performed The Rights Of Homage And Fealty. Stearns, Real Act. 2 ; Mitchell, R. E. & Cony. 225. Possession With An Intent On The Part_ Of Him Who _boas It To ...

Se Ri Eanty
Se Ri Eanty. In English Law. A Species Of Service Which Cannot Be Due Or Performed From A Tenant To Any Lord But The King, And Is Either Grand Or Petit. "the Exact Idea Of Serjeanty As Conceived In The Thirteenth Century," Says A Recent Writ Er On This Subject, ...

Sea Shore
Sea-shore. That Space Of Land On The Border Of The Sea Which Is Alternately Covered And Left Dry By The Rising And Falling Of The Tide ; Or, In Other Words, That Space Of Land Between High And Low Water Mark. Har Grave, St. Tr. 12; Shively V. Bowlby, 152 ...

Seal
Seal. An Impression Upon Wax, Wafer, Or Some Other Tenacious Substance Capable Of Being Impressed. Warren V. Lynch, 5 Johns. (n. Y.) 239 ; 4 Kent 452. It Does Not Seem Necessary That An Impression Be Made ; 6 C. P. 411. Lord Coke Defines A Seal To Be Wax, ...

Seal Fisheries
Seal Fisheries. The Controversy Con Cerning The Sealing Interest In Bering Sea Be Tween The United States And Great Britain Has Involved An Elaborate Discussion With Respect To The Characteristics And Habits Of The Seals, And The Question Whether Their Cus Tom Of Going In Herds Through The Open Sea ...

Seaman
Seaman. A Sailor ; A Mariner; One Whose Business Is Navigation. 2 Boulay-pa Ty, Dr. Com. 232; Laws Of Oleron, Art. 7; Laws Of Wisby, Art. 19; Bened. Adm. 277. The Term Seamen, In Its Most Enlarged Sense, Includes The Captain As Well As Other Persons Of The Crew ; ...

Search
Search. An Examination Of A Man's House, Premises, Or Person, For The Purpose Of Discovering Proof Of His Guilt In Relation To Some Crime Or Misdemeanor Of Which He Is Accused. See Search Warrant. By Act Of March 2, 1799, S. 68, It Is Enacted That Every Collector, Naval Officer, ...

Search Warrant
Search Warrant. A Warrant Requir Ing The Officer To Whom It Is Addressed To Search A House, Or Other Place, Therein Spec Ified, For Property Therein Alleged To Have Been Stolen, And, If The Same Shall Be Found Upon Such Search, To Bring The Goods So Found, Together With The ...

Seaworthiness
Seaworthiness. The Sufficiency Of The Vessel In Materials, Construction, Equipment, Officers, Men, And Outfit, For The Trade Or Service In Which It Is Employed. It Is That Quality Which Fits A Ship For Carrying Safely The Particular Cargo Which It Takes On Board For The Voyage For Which It Is ...

Secession
Secession. The Act Of Withdrawing; Separation. The Attempted Secession Of Eleven Of The States From The Union Led To The War Of Se Cession In 1861-65, And Gave Rise To Many Important Decisions Affecting The Mutual Re Lotions Of The National And State Govern Ments, And The Rights Of Citizens ...

Security For Costs
Security For Costs. In Some Courts There Is A Rule That When The Plaintiff Re Sides Abroad He Shall Give Security For Costs, And Until That Has Been Done, When Demand Ed, He Cannot Proceed In His Action. This Is A Right Which The Defendant Must Claim In Proper Time; ...

Seduction
Seduction. The Act Or Crime Of Per Suading A Female, By Flattery Or Deception, To Surrender Her Chastity. Webster. The Corrupting, Deceiving And Drawing Aside From The Path Of Virtue Which She Was Pursuing Of A Virtuous Woman, By Such Acts And Wiles, In Connection With A Promise Of Marriage, ...

See Accession Adjunction Appurte
See Accession; Adjunction; Appurte Nances. In Criminal Law. He Who Is Not The Chief Actor In The Perpetration Of The Offence, Nor Present At Its Performance, But Is Some Way Concerned Therein, Either Before Or Aft Er The Fact Committed. An Accessory Before The Fact Is One Who, Being Absent ...

Seed
Seed. Generally The Sale Of Seed As And For A Certain Kind—that Is, A Sale By Description—constitutes A Warranty Of The Seed. A Sale Of Seed As Rape Seed Constitutes A Warranty That The Seed Is True To Name, Where The Purchaser Is Ignorant Of The Ap Pearance Of Rape ...

Self Defence
Self-defence. In Criminal Law. The Protection Of One's Person And Property From Injury. Whart. Crim. Law 97. A Man May Defend Himself, And Even Commit A Homicide For The Prevention Of Any Forcible And Atro Cious Crime Which If Completed Would Amount To A Felony ; Oliver V. State, 17 ...

Self Defence Defence Justifiable
Self-defence ; Defence ; Justifiable Rom ' Rerne; Or In Preserving The Public Peace; See Arrest; Trespass; Or Under A License, Ex Press Or Implied; Case V. De Goes, 3 Cal. (n. Y.) 261; Robson V. Jones, 2 Bail. (s. C.) 4; U. S. V. Gear, 3 Mclean 571, Fed. ...

Senate
Senate. The Name Of The Less Numerous Of The Two Bodies Constituting The Legislative Branch Of The Government Of The United States, And Of The Several States, See The Ar Ticles Upon The Various States. The Senate Of The United States Is Composed Of Two Senators From Each State ; ...

Sentence
Sentence. A Judgment, Or Judicial Dec Laration Made By A Judge In A Cause. The Term Judgment Is More Usually Applied To Civ Il, And Sentence To Criminal, Proceedings. Sentences Are Final, When They Put An End To The Case ; Or Interlocutory, When They Settle Only Some Incidental Matter ...

Separation
Separation. A Cessation Of Cohabita Tion Of Husband And Wife By Mutual Agree Ment. After Much Diversity Of Opinion In The English Cases, The House Of Lords Upheld An Agreement To Live Apart, And Decreed Specific Performance Of Its Covenants ; 1 H. L. C. 538, Followed In 4 De ...

Separation A Mensa Et
Separation A Mensa Et Thoro. A Partial Dissolution Of The Marriage Relation. By The Ecclesiastical Or Canon Law Of England, Which Had Exclusive Jurisdiction Over Marriage And Divorce, Marriage Was Regarded As A Sacrament And Indissoluble. This Doctrine Originated With The Church Of Rome, And Became Established In Eng Land. ...

Sequestration
Sequestration. In Chancery Practice. A Writ Of Commission, Sometimes Directed To The Sheriff, But Usually To Four Or More Commissioners Of The Complainant's Own Nom Ination, Authorizing Them To Enter Upon The Real Or Personal Estate Of The Defendant, And To Take The Rents, Issues, And Profits Into Their Own ...

Ser Vitus
Ser Vitus (lat.). In Roman Law. Servi Tude; Slavery; A State Of Bondage; A Dis Position Of The Law Of Nations By Which, Against Common Right, One Man Has Been Sub Jected Dominion Of Another. Inst. 1. 2. 3 ; Bracton 4 B; Co. Litt. 116. A Service Or Servitude ...

Serf
Serf. In The Elaveholding States The Relation)) Of Husband And Wife And Parent And Child Were Recognized By Statutes In Relation To Public Sales, And By The Courts In All Cases Where Such Relations Were Material To Elucidate The Motives Of Their Acts. A Slave Had No Political Rights. His ...

Serjeants At Law
Serjeants-at-law. A Very Ancient And The Most Honorable Order Of Advocates At The Common Law. They Were Called, Formerly, Countors, Or Serjeant-countors, Or Countors Of The Bench (in The Old Law-latin Phrase, Banci Narra Tores), And Are Mentioned By Matthew Paris In The Life Of John I., Written In 1255. ...

Service
Service. In Contracts. The Being Em Ployed To Serve Another. In Cases Of Seduction, The Gist Of The Action Is Not The Injury Which The Seducer Has In Flicted On The Parent By Destroying His Peace Of Mind And The Reputation Of His Child, But For The Consequent Inability To ...

Servitude
Servitude. In Civil Law. The Subjec Tion Of One Person To Another Person, Or Of A Person To A Thing, Or Of A Thing To A Per Son, Or Of A Thing To A Thing. A Right Which Subjects A Land Or Tenement To Some Service For The Use Of ...

Session
Session. Pro Podessore Habetur Qui Dolo Injurtiave Desiit Possidere. He Is Esteemed A Possessor Whose Pos Session Has Been Disturbed By Fraud Or Injury. Off. Ex. 166. Pro Bandi Necessitas Incumbit Illi Qui Agit. The Necessity Of Proving Lies With Him Who Sues. Inst. 2. 20. 4. Probationes Debent Ease ...

Severance
Severance. The Separation Of A Part Of A Thing From Another: For Example, The Sepa Ration Of Machinery From A Mill Is A Sever Ance, And In That Case The Machinery, Which While Annexed To The Mill Was Real Estate, Be Comes By The Severance Personalty, Unless Such Severance Be ...

Sewer
Sewer. A Subterranean Passage For Drainage, Usually Constructed And Maintain Ed By A Corporation. A Trench Artificially Made For The Purpose Of Carrying Water Into The Sea, River, Or Some Other Place Of Reception. Crabb, R. P. S. 118; Bennett V. New Bedford, 110 Mass. 433. The Authority To Construct ...

Sheriff
Sheriff (sax. Scyrc, Shire, Reve, Keeper). A County Officer Representing The Executive Or Administrative Power Of The State Within His County. As To The History Of The Office, It Is Said By Holds Worth (1 Hist. E. L. 39) : "the Immediate Result Of The Large Jurisdiction Assumed By The ...

Shipping Articles
Shipping Articles. An Agreement, In Writing Or Print, Between The Master And Sea Men Or Mariners On Board His Vessel (except Such As Shall Be Apprenticed Or Servant To Himself Or Owners), Declaring The Voyage Or Voyages, Term Or Terms Of Time, For Which Such Seamen Or Mariners Shall Be ...

Ships Husband
Ship's Husband. An Agent Appointed By The Owner Of A Ship, And Invested With Authority To Make The Requisite Repairs And Attend To The Management, Equipment, And Other Concerns Of The Ship. He Is The General Agent Of The Owners In Relation To The Ship ; He May Be Appointed ...

Ships Papers
Ship's Papers. The Papers Or Docu Ments Required For The Manifestation Of The Ownership And National Character Of A 'ves Sel And Her Cargo, And To Show Her Compli Ance With The Revenue And Navigation Laws Of The Country To Which She The Want Of These Papers Or Any Of ...

Ships Of War
Ships Of War. The Ports Of Every Na Tion Are Considered As Open To The Ships Of War Of Other Powers With Whom It Is At Peace. They Are Exempt From All Forms Of Process In Private Suit And Cannot Be Seized Or Inter Fered With By Judicial Proceedings To ...

Si Dewalk
Si Dewalk. That Part Of A Public Street Or Highway Designed For The Use Of Pedes Trians. As Used In This Country It Does Not Mean A Walk Or Way Constructed Of Any Partic Ular Kind Of Material, Or In Any Special Man Ner, But Ordinarily Is Used To Designate ...

Signature
Signature. In Ecclesiastical Law. The Name Of A Sort Of Rescript, Without Seal, Con Taining The Supplication, The Signature Of The Pope Or His Delegate, And The Grant Of A Pardon. Dict. Dr. Can. In Practice. By Signature Is Understood The Act Of Putting Down A Man's Name At The ...

Silver
Silver. The Legislation On The Subject Of Silver Coinage Is Stated Up To That Date In A Note To R. S. 1 Supp. 774, Which With The Addition Of Legislation Subsequent To That Date Is As Follows: Laws On Silver Coinage Are As Follows: By R. S. §§ 3513, 3516, ...

Sinking Fund
Sinking Fund. A Fund Arising From Particular Taxes, Imposts, Or Duties, Which Is Appropriated Towards The Payment Of The Interest Due On A Public Loan And For The Gradual Payment Of The Principal. This Defi Nition Was Quoted And Approved In Union Pac. R. Co. V. Buffalo Co., 9 Neb. ...

Situs
Situs (lat.). Situation ; Location. Smith V. Bank, 5 Pet. (u. S.) 524, 8 L. Ed. 212. Generally, Property, In Order To Be The Sub Ject Of Taxation, Must Be Within The Jurisdic Tion Of The Power Assuming To Tax ; Buck V. Beach, 206 U. S. 400, 27 Sup. ...

Slander
Slander. In Torts. Words Falsely Spoken, Which Are Injurious To The Reputa Tion Of Another. False, Defamatory Words Spoken Of Anoth Er. See Odger, Libel & S. *7. There Is A Distinction, Probably The Result Of Some Lijstorical Accident, Between Slander And Libel; In Libel Any Defamatory Matter Is Prima ...

Slander Of Title
Slander Of Title. A Statement Tend Ing To Cut Down The Extent Of One's Title. "an Action On The Case For Special Damage Sustained By Reason Of The Speaking Or Publi Cation Of The Slander Of The Plaintiff's Title." 3 Bing. X. C. 371. Malice, That Is, Absence Of Good ...

Slave
Slave. One Over Whose Life, Liberty, And Property Another Has Unlimited Control.. Every Limitation Placed By Law Upon The Absolute Control Modifies And To That Extent Changes The Condition Of The Slave. In Every Slaveholding State Of The United States The Life And Limbs Of A Slave Were Protected From ...

Sleeping Car
Sleeping-car. The Servants And Em Ployes In Charge Of Sleeping Or Drawing-room Cars Are Considered In The Same Light As If They Were Employed By The Railroad Company, Notwithstanding The Existence Of A Separate Agreement Between The Railroad And The Sleep Ing-car Company, Whereby The Latter Furnish Es Its Own ...

Smuggling
Smuggling. The Fraudulent Taking A Country, Or Out Of It, Merchandise. Which Is Lawfully Prohibited. (quoted And Approved By Brewer, J., In Dunbar V. U. S., 156 U. S 185, 15 Sup. Ct. 325, 39 L. Ed. 390.) "smuggling Consists In The Bringing On Shore, Or Carrying From The Shore, ...