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So Ca G E
So Ca G E. A Species Of Tenure, Whereby The Tenant Held His Lands Of The Lord By Any Cer Tain Service In Lieu Of All Other Services, So That The Service Was Not A Knight's Service. Its Principal Feature Was Its Certainty ; As, To Hold By Fealty And ...

Solicitation
Solicitation. Solicitation To Commit A Crime Is Usually Held To Be Punishable As A Misdemeanor, Though The Offence Solicited May Not Be Committed ; Com. V. Flagg, 135 Mass. 545; State V. Murphy, 27 N. J. L. 112 ; But It Has Been Held Otherwise, As, Where A Letter Was ...

Solicitor
Solicitor. A Person Whose Business Is To Be Employed In The Care And Management Of Suits Depending In Courts Of Chancery. Formerly, In England, They Corresponded To Attorneys In Common Law Practice. By The Judicature Act, 1873, All Solicitors, Attorneys And Proctors Are To Be Called Solicitors Of The Supreme ...

Somnambulism
Somnambulism (lat. Somnium, Sleep; Ambulo, To Walk). Sleep-walking. The Mental Condition In This Affection Is Not Very Unlike That Of Dreaming. Many Of Their Phenomena Are The Same ; And The Former Differs From The Lat Ter Chiefly In The Larger Number Of The Functions In Volved In The Abnormal ...

Sources Of The Law
Sources Of The Law. The Authority From Which The Laws Derive Their Force. A Term Used To Include All The Reliable Testimo Nials Of What Constitutes The Law. The Power Of Making All Laws Is In The People Or Their Representatives, And None Can Have Any Force Whatever Which Are ...

South Carolina
South Carolina. One Of The Original Thirteen United States. This State Was Originally Part Of The British Prov Ince Of Carolina, Then Comprehending Both North Carolina And South Carolina. That Province Was Granted By Charles Ii., By Charter Issued To Eight Lord Proprietors, In 1663, And Amended In 1665 So ...

Sovereign
Sovereign. A Person, Body, Or State In Which Independent And Supreme Authority Is Vested. A Chief Ruler With Supreme Power ; A King Or Other Ruler With Limited Power. The Term Is Used To Expreis, Not Merely The Chief Ruler Or Executive, But The State Itself As An Entity In ...

Sovereignty
Sovereignty. The Union And Exercise Of All Human Power Possessed In A State : It Is A Combination Of All Power ; It Is The Pow Er To Do Everything In A State Without Ac Countability,—to Make Laws, To Execute And To Apply Them, To Impose And Collect Taxes And ...

Spain
Spain. This Country, Even More Than France, Has Developed The Roman Law To Its Modern State In Which It Now Divides The World With The English Common Law. The Earliest Codification, Fuero Juzgo Or Forum Judicum, Known To Us As The Visigothic Code, Appeared About 650 And Embraced The Visigothic ...

Special Personal Relations
Special Personal Relations. Execia0r8 And Administrators, In The Absence Of A Spe Cific Statute Authorizing It, Have No Power To Sue Or Be Sued By Virtue Of A Foreign Appoint Ment As Such ; Westl. Priv. Int. Law 279; Brookshire V. Dubose, 55 N. C. 276; Kirk Patrick V. Taylor, ...

Specific Performance
Specific Performance. The Actual Performance Of A Contract By The Party Bound To Fulfil It. As The Exact Fulfilment Of An Agreement Is Not Always Practicable, The Phrase May Mean, In A Given Case, Not Liter Al, But Substantial Performance ; Waterm. Spec. Pert § 1. Many Contracts Are Entered ...

Speed
Speed. The Test Of Safe Speed Is Wheth Er It Is Such As Allows The Vessel To Comply With The Duty Imposed On Her And To Avoid Collision With Other Vessels In The Situations In Which She May Reasonably Expect To Find Them ; The Luckenbach, 50 Fed. 129, 1 ...

Spendthrift
Spendthrift. A Person Who, By Exces Sive Drinking, Gaming, Idleness, Or Debauch Ery Of Any Kind, Shall So Spend, Waste, Or Lessen His Estate As To Expose Himself Or His Family To Want Or Suffering, Or Expose The Town To Charge Or Expense For The Support Of Himself Or Family. ...

Spiritualism
Spiritualism. In Law The Significance Of Spiritualism Is Chiefly Involved With The Conveyance Of Land And The Disposition Of Property By Will By Spiritualists. It Is Gen Erally Held That Belief In Spiritualism Is Not Necessarily Such Evidence Of Insanity As To Make One Incompetent To Make A Conveyance Of ...

Spring
Spring. A Fountain. A Natural Source Of Water, Of A Definite And Well-marked Ex Tent. 6 Ch. Div. 264 (c. A.). A Natural Chasm In Which Water Has Collected, And From Which It Either Is Lost By Percolation, Or Rises In A Defined Channel. 41 L. T. Rep. (n. S.) ...

Springing Use
Springing Use. A Use Limited To Arise On A Future Event Where No Preceding Use Is Limited, And Which Does Not Take Effect In Derogation Of Any Other Interest Than That Which Results To The Grantor Or Remains In Him In The Meantime. Gilbert, Uses, Sugden Ed. 153, N.; 2 ...

Stains Of Blood
Stains Of Blood. Blood Is The Vital Fluid Of The Body, Consisting Of Certain Cellu Lar Elements Suspended In Serum Or Plasma. It Carries Nutriment To, And Waste Products From, The Tissues, Is Freshened Or Aerated By Its Passage Through The Lungs, And Possesses The Peculiar Quality Of Spontaneous Clotting. ...

Stakeholder
Stakeholder. A Third Person Chosen By Two Or More Persons To Keep In Deposit Property The Right Or Possession Of Which Is Contested Between Them, And To Be Delivered To The One Who Shall Establish His Right To It. Thus, Each Of Them Is Considered As Deposit Ing The Whole ...

Stamp
Stamp. An Impression Made By Order Of The Government, On Paper, Which Must Be Used In Reducing Certain Contracts To Writ Ing, For The Purpose Of Raising A Revenue. See Stark. Ev. ; 1 Phill. Ev. 444. A Paper Bearing An Impression Or Device Authorized By Law And Adopted For ...

Stannary Courts
Stannary Courts. Courts Held In The Stannaries Lu England. The Stannaries Were Mining Districts Of Devon And Cornwall. Their Exact Extent Was Never Defi Nitely Ascertained. The Stannary Courts Resembled Those Of The Palatine Jurisdictions. The Earliest Charters Conferring Jurisdiction Were In The Reign Of Richard I And John. Jurisdiction ...

Stare Decisis
Stare Decisis (lat.). To Abide By, Or Adhere To, Decided Cases. Stare Decisis Et Non Quieta Movere. It Is A General Maxim That When A Point Of Law Has Been Settled By Decision, It Forms A Precedent Which Is Not Afterwards To Be Departed From. The Rule As Stated Is ...

State
State (lat. Stare, To Place, Establish). A Body Politic, Or Society Of Men, United Togeth For The Purpose Of Promoting Their Mu Tual Safety And Advantage, By The Joint Ef Forts Of Their Combined Strength. Cooley, Const. Lim. 1. A Self-sufficient Body Of Per Sons United Together In One Community ...

State Codes
State Codes. New York Is The Pioneer In The Work Of Codification. In That State The First Act Relating To Procedure After The Or Ganization Of State Government Was Passed March 16, 1778. Various Other Acts Were Passed Between 1801 And 1813. In 1813 There Was A General Revision Of ...

Status
Status. The Status Of An Individual, Used As A Legal Term, Means The Legal Posi Tion Of The Individual In Or With Regard To The Rest Of The Community. L. R. 4 P. D. 11. The Rights, Duties, Capacities And Incapaci Ties Whibh Determine A Person To A Given Class, ...

Statute
Statute. A Law Established By The Act Of The Legislative Power. An Act Of The Leg Islature. The Written Will Of The Legislature, Solemnly Expressed According To The Forms Necessary To Constitute It The Law Of The State. It Is Said That "statute" (statutum) Was First Used In An Act ...

Statute Staple
Statute Staple. The Statute Of The Staple, 27 Ed. Iii. Stet. 2, Confined The Sale Of All Commodities To Be Exported To Certain Towns In England, Called Estaple Or Staple, Where Foreigners Might Resort. It Authorized A Security For Money, Commonly Called Stat Ute Staple; To He Taken By Traders ...

Statute Of Frauds
Frauds, Statute Of. The Name Com Monly Given To The Statute 29 Car. Ii. C. 3, Entitled "an Act For The Prevention Of Frauds And Perjuries." Sections 1-3 Provide That All Interest In Real Estate Created By Livery Of Seisin Only, Or By Parol, And Not Put In Writing, And ...

Statutes Of Laborers
Laborers, Statutes Of. The Stat. I 23 Edw. Iii. Passed In 1349 By The King In Council. After Reciting In The Preamble That Many Of The Operative Class Had Died Of The Plague, And The Survivors Seeing The Neces Sity To Which The Masters Were Reduced For Want Of Servants, ...

Stenographer
Stenographer. One Who Writes In Short-hand, By Using Abbreviations Or Charac Ters For Words. He Does Not Come Within The Common-law Definition Of The Word "clerk." In Re Appro Priations For Deputies, 25 Neb. 662, 41 N. W. 643. Within The Meaning Of A Statute Ex Empting Laborers' Wages From ...

Stock
Stock. In Mercantile Law. The Capital Of A Merchant, Tradesman, Or Other Person, Including His Merchandise,. Money, And Cred Its. The Goods And Wares He Has For Sale And Traffic. In Corpbration Law. A Right To Partake, According To The Amount Of The Party's Sub Scription, Of The Surplus Profits ...

Stock Exchange
Stock Exchange. A Building Or Room In Which Stock-brokers Meet To Transact Their Business Of Purchasing Or Selling Stocks. A Voluntary Association (usually Unincor Porated) Of Persons Who For Convenience In The Transaction Of Business With Each Other, Have Associated Themselves To Provide A Com Mon Place For The Transaction ...

Stock Yards
Stock Yards. The Business Of Stock Yards Is Not Of Itself Interstate Commerce, Within The Meaning Of The Sherman Act; Hopkins V. U. S., 171 U. S. 578, 19 Sup. Ct. 40, 43 L. Ed. 290. But In U. S. V. Stock Yari Co., 226 U. S. 286, 33 Sup. ...

Stockholder
Stockholder. One Who Has Property Interests In The Assets Of A Corporation And Who Is Entitled To Take Part In Its Control And Receive Its Dividends. Beal V. Bank, 67 Fed. 816, 15 C. C. A. 128. The Word Includes All Members Having A Direct Financial Interest In The Business ...

Stoppage In Transitu
Stoppage In Transitu. A Resump Tion By The Seller Of The Possession Of Goods Not Paid For, While On Their Way To The Ven Dee And Before He Has Acquired Actual Posses Sion Of Them. Newhall V. Vargas, 15 Me. 314, 33 Am. Dec. 617. Chancellor Kent Has Defined The ...

Store Orders
Store Orders. In Some States The Maintaining Of General Supply Stores By Companies Or Individual Employers Is For Bidden. An Act Requiring The Redemption In Cash Of Store Orders Is Constitutional; Knoxville Iron Co. V. Harbison, 183 U. S. 13, 22 Sup. Ct. 1, 46 L. Ed. 55; State V. ...

Stranding
Stranding. In Maritime Law. The Run Ning Of A Ship Or Other Vessel On Shore; It Is Either Accidental Or Voluntary. Accidental Stranding Takes Place Where The Ship Is Driven On Shore By The Winds And Waves And Remains Stationary For Some Time. Voluntary Stranding Takes Place Where The Ship ...

Street
Street. A Public Thoroughfare Or High Way In A City Or Village. It Differs From A Country Highway ; In Re Road From Fitzwa Ter St., 4 S. & R. (pa.) 106. It Means The Whole Surface And So Much Of The Depth As Is Or Can Be Used, Not ...

Street Railways
Street Railways. As To The Difference Between Street And Steam Railways, See Su Pra. When A Railway Is Laid In A Street, To Fa Cilitate Its Use By The Public, It Is A Street Railway; Nichols V. R. Co., 87 Mich. 371, 49 N. W. 538, 16 L. R. A. ...

Strike
Strike. A Combined Effort By Workmen To Obtain Higher Wages Or Other Concessions From Their Employers, By Stopping Work At A Preconcerted Time. Where This Is Peaceably Effected Without Positive Breach Of Contract, It Is Not Unlawful ; Irving V. Dist. Council, 180 Fed. 896 ; But It Sometimes Amounts ...

Su Bp E Na
Su Bp (e Na (lat. Sub, Under, Pwna, Penal Ty). A Process To Cause A Witness To Appear And Give Testimony, Commanding Him To Lay Aside All Pretences And Excuses, And Appear Before A Court Or Magistrate Therein Named, At A Time Therein Mentioned, To Testify For The Party Named, ...

Subornation Of Perjury
Subornation Of Perjury. The Curing Another To Commit Legal Perjury, Who In Consequence Of The Persuasion Takes The Oath To Which He Has Been Incited. Hawk. Pl. Cr. B. 1, C. 69, S. 10. To Complete The Offence, The False Oath Must Be Actually Taken, And No Abortive Attempt To ...

Subpcena Duces Tecum
Subpcena Duces Tecum. A Writ Or Process Of The Same Kind As The Subpoena Ad Testiftccundum, But With A Clause Requiring The Witness To Bring With Him And Produce To The Court Books, Papers, Etc., In His Hands, Tending To Elucidate The Matter In Issue. 2 Bla. Com. 382. This ...

Subrogation
Subrogation. The Substitution Of An Other Person In The Place Of The Creditor, To Whose Rights He Succeeds In Relation To The Debt. That Change Which Puts Another Per Son In The Place Of The Creditor, And Which Makes The Right, The Mortgage, Or The Se Curity Which The Creditor ...

Subscribing Witness
Subscribing Witness. One Who Sub Scribes His Name To A Writing In Order To Be Able At A Future Time To Prove Its Due Execu Tion. An Attesting Witness. In Order To Make A Good Subscribing Wit Ness, It Is Requisite That He Should Sign His Name To The Instrument ...

Subscript O
Subscript! O. That Kind Of Imperial Constitution, Which Was Granted In Answer To The Prayer Of A Petitioner Who Was Present. Calvinus. 1on (lat. Sub, Under, Scribo, To Write). The Placing A Signature At The Bottom Of A Written Or Printed Engagement; Or It Is The Attestation Of A Witness ...

Subterranean Waters
Subterranean Waters. Subterrane An Streams, As Distinguished From Subter Ranean Percolations, Are Governed By The Same Rules, And Give Rise To The Same Rights And Obligations, As Flowing Surface Streams ; Wheatley V. Baugh, 25 Pa. 528, 64 Am. Dec. 721; 2 H. & N. 186. The Owner Of The ...

Suffrage
Suffrage. Vote ; The Act Of Voting. Participation In The Suffrage Is Not Of Right, But Is Granted By The State On A Consideration Of What Is Most For The Interest Of The State ; Cooley, Const., 2d Ed. 752 ; Spencer V. Board Of Registration, 8 D. C. 169, ...

Suicide
Suicide (lat. Suus, Himself, Ccedere, To Kill). Self-destruction. This Was Once Regarded By The Common Law As Exclusively A Felonious Act ; Of Late, However, It Has Been Often Treated As The Re Sult Of Insanity, To Be Followed By All The Legal Consequences Of That Disease, So Far As ...

Suit L
Suit (l. Lat. Seeta; From Lat. Sequi, To Follow. French, Suite). An Action. It Is More General Than "action," Which Is Almost Exclusively Applied To Law, And De Notes Any Legal Proceeding Of A Civil Kind Brought By One Person Against Another ; Ap Pleton V. Turnbull, 84 Me. 72, ...

Suits By Or Against
Suits By Or Against Executors And Ad Ministrators. 1. By. In General, A Right Of Action Founded On A Tort Or Malfeasance Dies With The Person. 'but Personal Actions Found Ed Upon Any Obligation, Contract, Debt, Cove Nant, Or Other Duty To Be Performed, Survive, And The Executor May Maintain ...

Sun Day
Sun Day. The First Day Of The Week. It Commences At Twelve O'clock On The Night Between Saturday And Sunday, And Ends In Twenty-four Hours Thereafter; Kil Gour V. Miles, 6 Gill & J. (md.) 268. See Hiller V. English, 4 Strobh. (s. C.) 493 (a Very Learned Case) ; ...