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Bouvier's Law Dictionary

Supplemental Bill
Supplemental Bill. In Equity Prac Tice. A Bill Brought As An Addition To An Original Bill To Supply Some Defect In Its Orig Inal Frame Or Structure Which Cannot Be Sup Plied By Amendment. See Stafford V. How Lett, 1 Paige Ch. (n. Y.) 200 ; Walker V. Gil Bert, ...

Supplementary Proceedings
Supplementary Proceedings. Pro Ceedings Supplementary To An Execution, Di Rected To The Discovery Of The Debtor's Prop Erty And Its Application To The Debt For Which The Execution Is Issued. They Are Purely Stat Utory, And The Statute Limits The Power Of The Courts To Existing Rights And Things In ...

Surety Companies
Surety Companies. Acts Authorizing Surety Companies To Be Sole Surety, Or To Act In A Fiduciary Capacity Without Other Securi Ty, Are Not Invalid As Granting A Special Or Exclusive Privilege; Roane Iron Co. V. Trust Co., 99 Wis. 273, 74 N. W. 818, 67 Am. St. Rep. 856; Coleman's ...

Suretyship
Suretyship. An Undertaking To Answer For The Debt, Default, Or Miscarriage Of An Other, By Which The Surety Becomes Bound As The Principal Or Original Debtor Is Bound. It Is An Accessory Promise By Which A Person Binds Himself For Another Already Bound, And Agrees With The Creditor To Sat ...

Surface Waters
Surface Waters. Waters Of A Casual And Vagrant Character, Which Ooze Through The Soil Or Diffuse Or Squander Themselves Over The Surface, Following No Definite Course. Schaefer V. Marthaler, 34 Minn. 489, 26 N. W. 726, 57 Am. Rep. 73. They Are Waters Which, Though Customarily And Naturally Flowing In ...

Surplusage
Surplusage. In Accounts. A Greater Disbursement Than The Charges Amount To. A Balance Over. 1 Lew. 219. In Pleading. Allegations Of Matter Wholly Foreign And Impertinent To The Cause. All Matter Beyond The Circumstances Necessary To Constitute The Action Is Surplusage ; 5 East 275 ; Allaire V. Ouland, 2 ...

Surprise
Surprise. In Equity Practice. The Act By Which A Party Who Is Entering Into A Con Tract Is Taken Unawares, By Which Sudden, Confusion Or Perplexity Is Created, Which Ren Ders It Proper That A Court Of Equity Should Relieve The Party So Surprised. 1 Story, Eq. Jur. § 120, ...

Survivor
Survivor. The Longest Liver Of Two Or More Persons. There Is No Presumption Of Survivorship In The Case Of Those Who Perish In A Common Disaster; 8 H. L. C. 183; Young Women's Christian Home V. French, 187 U. S. 401, 23 Sup. Ct. 184, 47'l. Ed. 233. Actual Survivor ...

Sweden
Sweden. A Limited Monarchy, The Con Stitution Resting Primarily On The Law Of June 6, 1809. The King Is Irresponsible ; The Executive Power Is Vested In Him Alone; All His Resolutions, However, Must Be Tak En In The Presence Of His Cabinet. The Cabinet Councillors Are Appointed By Him ...

Syllabus
Syllabus. An Abstract ; A Head Note. The Brief Statement Of The Point Or Points De Cided, Prefixed To The Printed Report Of A Case. The Head Note Of A Reported Case Is A Thing Upon Which Much Skill And Thought Is Required To Express In Clear, Concise Language The ...

Symbolic Delivery
Symbolic Delivery. The Delivery Of Some Thing As A Representation Or Sign Of The Delivery Of Some Other. Where An Actual Delivery Of Goods Cannot Be Made, A Symbolical Delivery Of Some Par Ticular Thing, As Standing For The Whole, Will Vest The Property Equally With An Actual De Livery; ...

System Of Laws
System Of Laws. Louisiana Is Governed By The Civil Law, Unlike The Other States Of The Union (ex Cept, To A Slight Extent, The States That Formed Part Of The Louisiana Purchase). The First Body Of Civil Laws Was Adopted In 1808, And Was Substantially The Same As The Code ...

Tacking
Tacking. In English Law. The Union Of Securities Given At Different Times, So As To Prevent Any Intermediate Purchaser's Claim Ing Title To Redeem Or Otherwise Discharge One Lien Which Is Prior, Without Redeeming Or Dis Charging Other Liens Also Which Are Subse Quent, To His Own Title. Jeremy, Eq. ...

Tax
Tax. A Pecuniary Burden Imposed For The Support Of The Government. U. S. V. R. Co., 17 Wall. (u. S.) 322, 21 L. Ed. 597. The En Forced Proportional Contribution Of Persons And Property, Levied By The Authority Of The State For The Support Of Government, And 'for All Public ...

Tax Sale
Tax Sale. A Sale Of Lands For The Non Payment Of Taxes Assessed Thereon. The Power Of Sale Does Not Attach Until Ev Ery Prerequisite Of The Law Has Been Complied With ; Minor V. Natchez, 4 Smedes & M. (miss.) 602, 43 Am. Dec. 488. There Must Be A ...

Telegraph And Telephone
Telegraph And Telephone. Meth Od Of Operation And General Characteristics. In The United States All Telegraph Lines Are Operated By Companies, Either Under The Au Thority Of General Laws, Or By Express Char Ter ; • Scott & J. Telgr. § 3. The Telegraph Is An Instrument Of Commerce ; ...

Tender
Tender. An Offer To Deliver Something, Made In Pursuance Of Some Contract Or Obli Gation, Under Such Circumstances As To Re Quire No Further Act From The Party Making It To Complete The Transfer. See Legal Tender. In Contracts. It May Be Either Of Money Or Of Specific Articles. Tender ...

Tenure
Tenure (from Lat. Tonere, To Hold). The Mode By Which A Man Holds An Estate In Lands. Such A Holding As Is Coupled • With Some Service, Which The Holder Is Bound To Perform So Long As He Continues To Hold. The Thing Held Is Called A Tenement ; The ...

Territorial Waters
Territorial Waters. It Is Difficult To Draw Any Precise Conclusion As To The Dis Tance To Which A State May Lawfully Extend Its Exclusive Dominion Over The Sea Adjoining Its Territories, And Beyond Those Portions Of The Sea Which Are Embraced By Harbors, Etc., Over Which It Has Unquestioned Jurisdiction. ...

Territory
Territory. A Part Of A Country Sepa Rated From The Rest And Subject To A Particu Lar Jurisdiction. A Portion Of The Country Subject To And Belonging To The United States Which Is Not Within The Boundary Of Any State Or The Dis Trict Of Columbia. The Constitution Of The ...

Testament
Testament. In Civil Law. The Ap Pointment Of An Executor Or Testamentary Heir, According To The Formalities Prescribed By Law. Domat, Liv. 1, Tit. 1, S. 1. At First There Were Only Two Sorts Of Testaments Among• The Romans,—that Called Calatis Comitiis, And Another Called In Procinctu. (see Below.) In ...

The Federal Cases 1
The Federal Cases. 1. Place Of Making Governs; Fidelity Mut. Life Ass'n V. Jeffords, 107 Fed. 402, 46 C. C. A. 377, 53 L. R. A. 193; Robinson V. Brick Co., 127 Fed. 804, 62 C. C. A. 484; Thus The Place Of Making Is Adopted As Opposed To The ...

The Firm And Firm
The Firm And Firm Name. It May Be That The Names Of All The Members Of The Partnership Appear In The Name Or Style Of The Firm, Or That The Names Of Only A Part Appear, With The Addition Of "and Company," Or Other Words Indicating A Participation Of Others, ...

The Means Of Securing
The Means Of Securing The Attendance And Testimony Of Witnesses. In All Persons Who Are Competent May Be Com Pelled To Attend And Testify. A Statute Providing That Judges Shall Ap Point Expert Witnesses Changes The Character Of Criminal Procedure And Endangers The Con Stitutional Safe-guards By Giving Undue Weight ...

The Mode Of Execution
The Mode Of Execution Depends Upon The Statutory Requirements; 3 Jarm. Wills (rand. & Talc. Ed.) 763. By The Uniform Act Relating To Foreign Wills, A Will Admitted To Probate In The Tes Tator's Domicile May Be Admitted To Probate In The State Passing The Act By Filing A Duly ...

The Position And Rights
The Position And Rights Of The Wife. At Common Law. Her Property Rights Were Put By The Marriage Very Much Under The Control Of The Husband. He Could Manage His Own Affairs In His Own Way, Buy And Sell All Kinds Of Personal Property, Without Her Control, And He Might ...

The Scope And Subject Matter
The Scope And Subject-matter. A Part Nership Is Primarily A Commercial Relation. The Notion Has, However, Been Gradually Ex Tended To Include Other Associations Than Those For Trade Merely : E. G. Partnerships Between Two Attorneys At Law ; Livingston V. Cox, 6 Pa. 360; Warner Y. Griswold, 8 Wend. ...

The Testators Capacity
The Testator's Capacity. He Must Be Of The Age Of Discretion, Which, By The Com Mon Law Of England, Was Fixed At Twelve In Females, And Fourteen In Males; Swinburne, Pt. 2, § 2, P1. 6; 1 Will. Ex. 13; 1 Jarm. Wills 29. This Is Now Regulated By Statute, ...

Theatre
Theatre. A House In Which A Story Is Represented By Human Action Upon The Stage. Jacko V. State, 22 Ala. 73. A House For The Exhibition Of Dramatic Performances. Bell V. Mahn, 121 Pa. 225, 15 Atl. 523, 1 L. R. A. 364, 6 Am. St. Rep. 786, Where It ...

Thoroughfare
Thoroughfare. A Street Or Way Opening At Both Ends Into Another Street Or Public Highway, So That One Can Go Through And Get Out Of It Without Returning. It Differs From A Cut De Sac, Which Is Open Only At One End. Whether A Street Which Is Not A Thorough ...

Threat
Threat. A Menace Of Destruction Or In Jury To The Person, Character, Or Property Of Those Against Whom It Is Made. A Declaration Of An Intention Or Determina Tion To Injure Another By The Commission Of Some Unlawful Act. If The Act Intended To Be Done Is Not Unlawful, Then ...

Threatening Letter
Threatening Letter. Sending Threatening Letters To Persons For The Purpose Of Extorting Money Is Said To Be A Misde Meanor At Common Law. 4 Bla. Com. 126. The Threat Must Be Of A Nature Calculated To Overcome A Firm And Prudent Man ; But This Rule Has Reference To The ...

Ticket
Ticket. A Railroad Ticket Is A Receipt Or Voucher, Rather Than A Contract ; 5 L. R. A; 818; Note; Logan V. R. Co., 77 Mo. E63 ; Frank V. Ingalls, 41 Ohio St. 560 ; It Is The Evidence Of A Contract, But Does Not Consti Tute The Whole ...

Tide Water
Tide-water. Water Which Flows And Reflows With The Tide. All Arms Of The Sea, Bays, Creeks, Coves, Or Rivers, In Which The Tide Ebbs And Flows, Are Properly Denominat Ed Tide-waters. That Current Is Running Down Stream Is Not Conclusive That It Was Ebb Tide; It Might Be Flood Tide ...

Timber Trees
Timber Trees. Oak, Ash, Elm, In All Places, And, By Local Custom, Such Other Trees As Are Used In Building. 2 Bla. Com. 281; Also Beech, Chestnut, Walnut, Cedar, Fir, Asp En, Lime, Sycamore, And Birch Trees ; 6 George Iii. Eh. 48; And Also Such As Are Used In ...

Time
Time. The Measure Of Duration. Lapse Of Time Often Furnishes A Presumption, Stronger ,or Weaker According To The Length Of Time Which Has Passed, Of The Truth Of Certain Facts, Such As The Legal Title To Rights, Payment Of Or Release From Debts. Time In Great Britain, In Any Statute ...

Tion
Tion. Lord Mansfield Held That The Employment Of A Single Puffer Was A Fraud; Cowp. 395; This Rule Was Afterwards Relaxed, In Equity Only, So As To Allow A Single Bidder; 12 Ves. 477. The Rule Was Stated In L. R. 1 Ch. 10, To Be, That A Single Puffer ...

Tithingman
Tithingman. In Saxon Law. The Head Or Chief Of A Tithing Or Decennary Of Ten Fam Ilies; He Was To Decide All Lesser Causes Be Tween Neighbors. Now Tithingmen And Con Stables Are The Same Thing. Jacob, Law Diet. In New England, A Parish Officer To Keep Good Order In ...

Toll Gate
Toll-gate. A Gate On A Bridge Or A Turnpike Where Toll Is Collected For The Right Of Traveling On Them. The Right To Obstruct A Public Road By Means Of A Toll-gate And To Demand Payment Of Toll For Passing Must Be Given By An Act Of The Legislature,—either A ...

Tomry
Tomry. As To The Effect Of The Law Of The Flag Upon The Construction Of A Contract Of Af Freightment, The Decisions In This Country As A Rule Are Usually Governed By The Lex Loos Contractus. In The Brantford City (s. D. Of N. Y.) 29 Fed. 373, 383, Brown, ...

The Netherlands
Netherlands, The. A Monarchy Of Europe. The First Constitution After Its Reconstruc Tion As A Kingdom Was Given In 1815. It Has Been Revised, Especially In 1848 And In 1887. It Is A Constitutional And Hereditary Mon Archy. The Executive Power Consists Of The Sovereign. He Has The Command Of ...