Broker negligence stock

Bouvier's Law Dictionary Edition. The same as Sunday. A sect of lawyers, whose first chief was Atteius Capito, and the second, Caelius Sabiaus, from whom they derived their name. Clef des Lois Rom. An oath; as, qui dicunt supra sacramentum suum. The same of an ancient officer, whose business "was to load and unload vessels laden with salt, corn, or fish, to prevent the ship's crew defrauding the merchant by false tale, or cheating him of his merchandise otherwise.

The act of stealing from the temples or churches dedicated to the worship of God, articles consecrated to divine uses.

Code of China, B. It is required in order to constitute saevetia that there should exist such a degree of cruelty as to endanger the party's suffering bodily hurt. Arial, Helvetica, sans-serif; text-align: A passport or permission from a neutral state to persons who are thus authorized to go and return in safety, and, sometimes, to carry away certain things, in safety.

According to common usage, the term passport is employed on ordinary occasions, for the permission given to persons when there is no reason why they should not go where they please: A safe-conduct is also the name of an instrument given to the captain or master of a ship to proceed on a particular voyage: This document is indispensably necessary for the safety of every neutral ship. The act of congress of April 30th,s. Vide Conduct; Passport; and 18 Vin.

A surety given that a man shall appear upon a certain day. In contracts and pleadings it is usual and proper when it is desired to speak of a person or thing before mentioned, to designate them by the term said or aforesaid, or by some similar term, otherwise the latter description will be ill for want of certainty. Pleader, C IS; Gould on Pl: Written or printed directions, delivered by the commanding officer of a convoy to the several masters of the ships under his care, by which they are enabled to understand and answer his signals, to know the place of rendezvous appointed for the fleet, in case of dispersion by storm, by an enemy, or by any other accident.

Without sailing instructions no vessel can have the full protection and benefit of convoy. Vide Mariners; Seamen; Shipping Articles. This term is used in Louisiana. It is a writ of execution by which the creditor places under the custody of the law, the movables, which are liable to seizure, of his debtor, in order that out of them he may obtain payment of the debt due by him Code of Practice, art.

It is a writ very similar to the fieri facias. A term used in Louisiana and in the French law; this is a permission given by the proper judicial officer, to authorize a creditor to seize the property of his debtor in the district which he inhabits.

It has the effect of an attachment of property, which is applied to the payment of the debt due. A conservatory act of execution, by which the owner, or principal lessor of a house or farm, causes the furniture of the house or farm leased, and on which he has a lien, to be seized, in order to obtain the rent due to him. It is similar to the distress of the common law. A writ by which the creditor puts in the custody of the law the immovables of his debtor, that out of the proceeds of their sale, he may be paid his demand.

The term is French, and is used in Louisiana. 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.

The salary of the president of the United States is twenty-five thousand dollars per annum; Act of l8th Feb. Salary is also applied to the reward paid for the performance of other services; but if it be not fixed for each year, it is called honorarium.

Duvergier, the distinction between honorarium and salary is this. By the former is understood the reward given to the most ele-vated professions for services performed; and by the latter the price of hir-ing of domestic servants and workmen. There is this difference between salary and price; the former is the re-ward paid for services, or for the hire of things; the latter is the consideration paid for a thing sold.

An agreement by which one of the contracting parties, called the seller, gives a thing and passes the title to it, in exchange for a certain price in current money, to the other party, who is called the buyer or purchaser, who, on his part, agrees to pay such price. This contract differs from a barter or exchange in this, that in the latter the price or consideration, instead of being paid in money, is paid in goods or merchandise, susceptible of a valuation.

It differs from accord and satisfaction, because in that contract, the thing is given for the purpose of quieting a claim, and not for a price.

An onerous gift, when the burden it imposes is the payment of a sum of money, is, when accepted, in the nature of a sale. When partition is made between two or more joint owners of a chattel, it would seem, the contract is in the nature of a barter. To constitute a valid sale there must be, 1. A thing which is the object of the contract.

A price agreed upon; and, 4. The consent of the contracting parties, and the performance of certain acts required to complete the contract. These will be separately considered. As a general rule all persons sui juris may be either buyers or sellers. But to this rule there are several exceptions. There is a class of persons who are incapable of purchasing except sub modo, as infants, and married women; and, 2. Another class, who, in consequence of their peculiar relation with regard to the owner of the thing sold, are totally incapable of becoming purchasers, while that relation exists; these are trustees, guardians, assignees of insolvents, and generally all persons who, by their connexion with the owner, or by being employed concerning his affairs, have acquired, a knowledge of his property, as attorneys, conveyancers, and the like.

There must be a thing which is the object of the sale, for if the thing sold at the time of the sale had ceased to exist it is clear there can be no sale; if, for example, Paul sell his horse to Peter, and, at the time of the sale the horse be dead, though the fact was unknown to both parties: It is evident, too, that no sale can be made of things not in commerce, as the air, the water of the sea, and the like.

When there has been a mistake made as to the article sold, there is no sale; as, for example, where a broker, who is the agent of both parties, sells an article and delivers to the seller a sold note describing the article sold as "St. Petershurg clean hemp," and bought note to, the buyer, as "Riga Rhine hemp," there is no sale. There must be an agreement as to the specific goods which form the basis of the contract of sale; in other words, to make a perfect sale, the parties must have agreed the one to part with the title to a specific article, and the other to acquire such title; an agreement to sell one hundred bushels of wheat, to be measured out of a heap, does not change the property, until the wheat has been measured.

To constitute a sale there must be a price agreed upon; but upon the maxim id certum est quod reddi certum potest, a sale may be valid although it is agreed that the rice for the thing sold shall be determined by a third person.

The price must have the three following qualities, to wit: It must be an actual or serious price. It must be certain or capable of being rendered certain.

It must consist of a sum of money. The price must be an actual or serious price, with an intention on the part of the seller, to require its payment; if, therefore, one should sell a thing to another, and, by the same agreement, he should release the buyer from the payment, this would not be a sale but a gift, because in that case the buyer never agreed to pay any price, the same agreement by which the title to the thing is passed to him discharging him from all obligations to pay for it.

As to the quantum of the price that is altogether immaterial, unless there has been fraud in the transaction. The price must be certain or determined, but it is sufficiently certain, if, as before observed, it be left to the deterimination of a third person. And an agreement to pay for goods what they are worth, is sufficiently certain. The price must consist in a sum of money which the buyer agrees to pay to the seller, for if paid for in any other way, the contract would be an exchange or barter, and not a sale, as before observed.

The consent of the contracting parties, which is of the essence of a sale, consists in the agreement of the will of the seller to sell a certain thing to the buyer, for a certain price, and in the will of the buyer, to purchase the same thing for the same, price. Care must be taken to distinguish between an agreement to enter into a future contract, and a present actual agreement to make a sale. This consent may be shown, 1. By an express agreement. By all implied agreement.

The consent is certain when the parties expressly declare it. This, in some cases, it is requisite should be in writing. By the 17tth section of the English statute, 29 Car. It not unfrequently happens that the consent of the parties to a contract of sale is given in the course of a correspondence. To make such contract valid, both parties must concur in it at the same time. An express consent to a sale may be given verbally, when it is not required by the statute of frauds to be in writing.

When a party, by his acts, approves of what has been done, as if he knowingly uses goods which have been left at his house by another who intended to sell them, he will, by that act, confirm the sale. The consent must relate, 1. To the thing which is the object of the contract; 2. To the price; and, 3. To the sale itself. Both parties must agree upon the same object of the sale; if therefore one give consent to buy one thing, and the other to sell another, there is no sale; nor is there a sale if one sells me a bag full of oats, which I understand is full of wheat; because there is no consent as to the thing which is the object of the sale.

But the sale would be valid, although I might be mistaken as to the quality of the tiling sold. Both parties must agree as to the same price, for if the seller intends to sell for a greater sum than the buyer intends to give, there is no mutual consent; but if the case were reversed, and the seller intended to sell for a less price than the buyer intended to give, the sale would be good for the lesser sum.

The consent must be on the sale itself, that is, one intends to sell, and the other to buy. If, therefore, Peter intended to lease his house for three hundred dollars a year for ten years, and Paul intended to buy it for three thousand dollars, there would not be a contract of sale nor a lease.

In order to pass the property by a sale, there must be an express or implied agreement that the title shall pass. An agreement for the sale of goods is prima facie a bargain and sale of those goods; but this arises merely from the presumed intention of the parties, and if it appear that the parties have agreed, not that there shall be a mutual credit by which the property is to pass from the seller to the buyer, and the buyer is bound to pay the price to the seller, but that the exchange of the money for the goods shall be made on the.

But, on the contrary, when the making of part payment, or naming a day for payment, clearly shows an intention in the parties that they should have some time to complete the sale by payment and delivery, and that they should in the meantime be trustees for each other, the one of the property in the chattel, and the other in the price.

As a general rule, when a bargain is made for the purchase of goods, and nothing is said about payment and. Sales are absolute or conditional. An absolute sale is one made and completed without any condition whatever. A conditional sale is one which depends for its validity upon the fulfilment of some condition. Sales are also voluntary or forced, public or private.

A voluntary sale is one made without constraint freely by the owner of the thing sold; to such the usual rules relating to sales apply. A forced sale is one made without the consent of the owner of the property by some officer appointed by law, as by a marshal or a sheriff in obedience to the mandate of a competent tribunal. This sale has the effect to transfer all the rights the owner had in the property, but it does not, like a voluntary sale of personal property, guaranty a title to the thing sold it merely transfers the rights of the person as whose property it has been seized.

This kind of a sale is sometimes called a judicial sale. A public sale is one made at auction to the highest bidder. Auction sales sometimes are voluntary, as when the owner chooses to sell his goods in this way, and then as between the seller and the buyer the usual rules relating to sales apply; or they are involuntary or foreed when the same rules do not apply. Private sales are those made voluntarily and not at auction.

The above rules apply to sales of personal property. The sale of real estate is governed by other rules. When a contract has been entered into for the sale of lands, the legal estate in such lands still remains vested in the vendor, and it does not become vested in the vendee until he shall have re-ceived a lawful deed of conveyance from the vendor to him; and the only remedy of the purchaser at Iaw, is to bring an action on the contract, and recover pecuniary damages for a breach of the contract.

In equity, however, after a contract for the sale, the lands are considered as belonging to the purchaser, and the court will enforce his rights by a decree for a specific performance; and the seller will be entitled to the purchase money. In general, the seller of real estate does not guaranty the title; and if it be desired that he should, this must be done by inserting a warranty to that effect.

See, generally, Brown on Sales; Blackb. A memorandum given by a broker to a seller or buyer of goods, stating the fact that certain goods have been sold by him on account of a person called the seller to another person called the buyer.

Sale notes are also called bought notes, q. When goods are sent from a manufacturer or wholesale dealer to a retail trader, in the hope that he may purchase them, with the understanding that what he may choose to take he shall have as on a contract of sale, and what he does not take he will retain as a consignee for the owner, the goods are said to have been sent on sale and return.

The goods taken by the receiver as on a sale, will be considered as sold, and the title to them is vested in the receiver of them; the goods he does not buy are considered as a deposit in the hands of the receiver of them, and the title is in the person who sent them. The name of a code of laws so called from the Salians, a people of Germany, who settled in Gaul under their king Phararaond.

The most remarkable law of this code is that which regards succession. De terra vero salica nulla portio haereditatis transit in mulierem, sed hoc vir-iles sextus acquirit, hoc est filii in ipsa haereditate succedunt; no part of the salique land passes to females, but the males alone are capable of taking, that is, the sons succeed to the inheritance.

This rule has ever excluded females from the throne of France. This term originally meant the thing or goods saved from shipwreck or other loss; and in that sense it is generally to be understood in our old books. But it is at present more frequently understood to mean the compensation made to those by whose means the ship or goods have been saved from the effects of shipwreck, fire, pirates, enemies, or any other loss or misfortune. This compensation, which is now usually made in money, was, before the use of money became general, made by a delivery of part of the effects saved.

Salvage; 3 Kent, Com. The expenses incurred to remunerate services rendered to a ship and cargo, which have prevented its being a total loss. By salvage loss is understood the difference between the amount of salvage, after deducting the charges, and the original value of the property. When a ship and cargo, or any part thereof, are saved at sea by the exertions of any person from impending perils, or are recovered after an actual abandonment or loss, such persons are denominated salvors; they are entitled to a compensation for their services, which is called salvage.

As soon as they take possession of property for the purpose of preserving it, as if they find a ship derelict at sea, or if they recapture it, or if they go on board a ship in distress, and take possession with the assent of the master or other person in possession, they are deemed boua fide possessors, and their possession cannot be lawfully displaced.

They have a lien on the property for their salvage, which the, laws of all maritime countries will respect and enforce. Salvors are responsible not only for good faith, but for reasonable diligence in their custody of the salvage property. A small quantity of any commodity or merchandise, exhibited as a specimen of a larger quantity called the bulk.

When a sale is made by sample, and it afterwards turns out that the bulk does not correspond with it, the purchaser is not, in general, bound to take the property on a compensation being made to him for the difference. That part of a law which inflicts a penalty for its violation, or bestows a reward for its observance. Sanctions are of two kinds, those which redress civil injuries, called civil sanctions; and those which punish crimes, called penal sanctions.

A place of refuge, where the process of the law cannot be executed. Sanctuaries may be divided into religious and civil. The former were very common in Europe; religious houses affording protection from arrest to all persons, whether accused of crime, or pursued for debt.

This kind was never known in the United States. Civil sanctuary, or that protection which is afforded to a man by his own house, was always respected in this country. The house protects the owner from the service of all civil process in the first instance but not if he is once lawfully arrested and takes refuge in his own house.

No place affords protection from arrest in criminal cases; a man may, therefore, be arrested in his own bouse in such cases, and the doors may be broken for the purpose of making the arrest. Vide Arrest in criminal cases.

By this is meant that understanding which enables a man to make contracts and his will, and to perform such other acts as are authorized by law; Vide Lunacy; Memory; Non compos mentis. These words are nearly obsolete. The state of a person who has a sound understanding; the reverse of insanity. The sanity of an individual is always presumed.

The same as Absque hoc. This is a French phrase, which signifies without number. In England it is used in relation to the right of putting animals on a common.

The term common sans nombre does not mean that the beasts are to be innumerable, but only indefinite, not certain; Willes, ; but they are limited to the commoner's own commonable cattle, levant et couchant, upon his lands, or as many cattle as the land of the commoner can keep and maintain in winter. These words are sometimes put on a bill before the payee endorses it; they have the effect of transferring the bill without responsibility to the endorser.

This word is derived from the same root as satisfaction; for, in the same manner that to fulfil the demand which is made upon us, is called satisfaction, so satisdaction takes place when he who demands something has agreed to receive sureties instead of the thing itself.

An entry made on the record, by which a party in whose favor a judgment was rendered, declares that he has been satisfied and paid. In Alabama, Delaware, Illinois, Indiana, Massachusetts, New Hampshire, Pennsylvania, Rhode Island, South Carolina, and, Vermont, provision is made by statute, requiring the mortgagee to discharge a mortgage upon the record, by entering satisfaction in the margin.

The refusal or neglect to enter satisfaction after payment and demand, renders the mortgagee liable to an action, after the time given him by the respective statutes for doing the same has elapsed, and subjects him to the payment of damages, and, in some cases, treble costs. In Indiana and New York, the register or recorder of deeds may himself discharge the mortgage upon the record on the exhibition of a certificate of payment and satisfaction signed by the mortgagee or his representatives, and attached to the mortgage, which shall be recorded.

Satisfaction is defined to be the donation of a thing, with the intention, express or implied, that such donation is to be an extinguishment of some existing right or claim in the donee. Where a person indebted bequeaths to his creditor a legacy, equal to, or exceeding the amount of the debt, which is not noticed in the will, courts of equity, in the absence of any intimation of a contrary intention, have adopted the rule that the testator shall be presumed to have meant the legacy as a satisfaction.

When a testator, being indebted, bequeaths to his creditor a legacy, simpliciter, and of the same nature as the debt, and not coming within the exceptions stated in the next paragraph, it has been held a satisfaction of the debt, when the legacy is equal to, or exceeds the amount of the debt. The following are exceptions to the rule: Where the legacy is of, less amount than the debt, it shall not be deemed a part payment or satisfaction. Where, though the debt and legacy are of equal amount, there is a difference in the times of payment, so that the legacy may not be equally beneficial to the legatee as the debt.

When the legacy and the debt are of a different nature, either with reference, to the subjects themselves, or with respect to the interests given. When the provision by the will is expressed to be given for a particular purpose, such purpose will prevent the testamentary gift being construed a satisfaction of the debt, because it is given diverse intuitu.

When the debt of the testator is contracted subsequently to the, making of the will; for, in that case, the legacy will not be deemed a satisfaction. When the legacy is uncertain or contingent.

Where the debt itself is contingent, as where it arises from a running account between the testator and legatee; 1 P. Where there is an express direction in the will for the payment of debts end legacies, the court will infer from the circumstance, that the testator intended that both the debt owing from him to the legatee and the legacy, should, be paid.

An instrument of writing in which it is declared that, satisfaction is acknowledged between the plaintiff and defendant. It is signed by the attorney, and on its production and the warrant of attorney to the clerk of the judgments, satisfactio is entered on payment, of certain fees.

That which is sufficient to induce a belief that the thing is true; in other words, it is credible evidence. A scandalous verbal report or rumor respecting some person. The remedy is an action on the case. In chancery practice, when a bill or other pleading contains scandal, it will be referred to a master to be expunged, and till this has been done, the opposite party need not answer. Nothing is considered scandalous which is positively relevant to the cause, however harsh and gross the charge may be.

The degree of relevancy is not deemed material. Great scandal or slander. When an indictment is returned, from au inferior court in obedience to a writ of certiorari, the, statement of the previous proceedings sent with it, is termed the schedule. Schedules are also frequently annexed to answers in a court of equity, and to depositions and other documents, in order to show more in detail the matter they contain, than could otherwise be conveniently shown.

The term is frequently used instead of inventory. One employed in teaching a school. A schoolmaster stands in loco parentis in relation to the pupils committed to his charge, while they are under his care, so far as to enforce obedience to his, commands, lawfully given in his capacity of school-master, and he may therefore enforce them by moderate correction.

Pleader, 3 M 19; Hawk. The schoolmaster is justly entitled to be paid for his important and arduous services by those who em ploy him. His duties are to teach his pupils what he has undertaken, and to have a special care over their morals. The name given to a clause inserted in the record by which it is made " known that the justice here in court, in this same term, delivered a writ thereupon to the deputy sheriff of the county aforesaid, to be executed in due form of law.

A man may do many acts which are justifiable or not, as he is ignorant or not ignorant of certain facts. He may pass a counterfeit coin, when he is ignorant of its being counterfeit, and is guilty of no offence; but if he knew the coin to be counterfeit, which is called the scienter, he is guilty of passing counterfeit money.

A man who keeps an animal which injures some person, or his property, is answerable for damages, or in some cases he may be indicted if he had a knowledge of such animal's propensity to do injury. In this respect the civil law agrees with our own. As to what evidence maybe given to prove guilty knowledge, see Archb.

A Latin adverb, signifying that is to say; to wit; namely. It is a clause to usher in the sentence of another, to particularize that which was too general before, distribute what was too gross, or to explain what was doubtful and obscure.

It neither increases nor diminish the premises or habendum, for it gives nothing of itself; it may make a restriction when the preceding words may be restrained. When the scilicet is repugnant to the precedent matter, it is void; for example, when a declaration in trover states that the plaintiff on the third day of May was possessed of certain goods which on the fourth day of May came to the defendant's hands, who afterwards, to wit, on the first day of May converted them, the scilicet was rejected as surplusage.

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This word is sometimes abbreviated, ss. SCINTILLA JURIS, estates; A spark of right. A legal fiction, resorted to for the purpose of enabling feoffees to uses to support contingent uses when they come into existence, thereby to enable the statutes of uses, 27 Henry VIII. SCIRE FACIAS, remedies, practice. The name of a judicial writ, founded upon some record, and requiring the defendant to show cause why the plaintiff should not have the "advantage of such record; or, when it is issued to repeal letters-patent, why the record should not be annulled and vacated.

It is, however, considered as an action, and in the nature of a new original. Vide generally, 11 Vin. SCIRE FACIAS AD AUDIENDUM ERRORES. The name of a writ which is sued out after the plaintiff in error has assigned his errors. The name of a writ in use in Pennsylvania, which lies by a defendant in foreign attachment against the plaintiff, in order to enable him, within a year and a day next ensuing the time of payment to the plaintiff in the attachment, to disprove or avoid the debt recovered against him.

Act relating to the commencement of actions, s. The return of the sheriff, or other proper officer, to the writ of scire facias, when it has been served; scire feci, "I have made known.

SCIRE FIERI INQUIRY, Eng. The name of a writ, the history of the origin of which is as follows: But the most usual practice upon the sheriff's return of nulla bona a to a fieri facias de bonis testatoris, was to sue out a special writ of fieri facias de bonis testatoris, with a clause in it, "et si tibi constare, poterit," that the executor had wasted the goods, then to levy de bonis propriis.

This was the practice in the king's bench till the time of Charles I. In the common pleas a practice had prevailed in early times upon a suggestion in the special writ of fieri facias of a devastavit by the executor, to direct the sheriff to inquire by a jury, whether the executor had wasted the goods, and if the jury found he had, then a scire facias was issued out against him, and unless he made a good defence thereto, an execution de bonis propriis was awarded against him.

The practice of the two courts being different, several cases were brought into the king's bench on error, and at last it became the practice of both courts, for the sake of expedition, to incorporate the fieri facias inquiry, and scire facias, into one writ, thence called a scire fieri inquiry, a name compounded of the first words of the two writs of scire facias and fieri facias, and that of inquiry, of which it consists.

Although this practice is sometimes adopted, yet the most usual proceeding is by action of debt on the judgment, suggesting a devastavit, because in the proceeding by scire fieri inquiry the plaintiff is not entitled to costs, unless the executor appears and pleads to the scire facias. The setting or standing of may place. The seat or situation of a capital messuage, or the ground on which it Stood.

A woman who by her habit of scolding becomes a nuisance to the neighborhood, is called a common scold. SCOT AND LOTEng. The name of a customary contribution, laid upon all the subjects according to their ability. An opprobrious title given to a person of bad character. General damages will not lie for calling a man a scoundrel, but special damages may be recovered when there has been an actual loss. The original or principal instrument, where there are part and counterpart.

Vide Chirograph; Part, Rescript. A person whose, business it is to write deeds and other instruments for others; a conveyancer. Money scriveners are those who are engaged in procuring money to be lent on mortgages and other securities, and lending such money accordingly. They act also as agents for the purchase and sale of real estates.

To be considered a money scrivener, a person must be concerned in carrying on the trade or profession as a means of making a livelihood. He must in the course of his occupation receive other men's moneys into his trust and custody, to lay out for them as occasion offers.

A mark which is to supply the place of a seal, made with a pen or other instrument on a writing. In some of the states this has all the efficacy of a seal. Vide Seal; 2 Serg. In others, a scroll has no such effect; and when a suit is brought on an instrument sealed with a scroll, the act of limitations may be pleaded to it, as to a simple contract. The name of a tax or contribution raised for the use of the king's armies by those who held lands by knight's service. The name of a court among the Saxons.

It was the court of the shire, in Latin called curia comitatus, and the principal court among the Saxons. It was holden twice a year for determining all causes both ecclesias-tical and secular. Homicide, se defendendo, is that which takes place upon a sudden rencounter, where two persons upon a sudden quarrel, without premeditation or malice, fight upon equal terms, and one, before a mortal stroke has been given, declines any further combat, and retreats as far as he can with safety, and kills his adversary, through necessity, to avoid immediate death.

The ocean; the great mass of waters which surrounds the land, and which probably extends from pole to pole, covering nearly three quarters of the globe. Waters within the ebb and flow of the tide, are to be considered the sea. The sea is public and common to all people, and every person has an equal right to navigate it, or to fish there; Ang. Every nation has jurisdiction to the distance of a cannon shot, q, v.

SEA LETTER OR SEA BRIEF, maritime law. A document which should be found on board of every neutral ship; it specifies the nature and quantity of the cargo, the place from whence it comes, and its destination. 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.

Generally, the sea shore belongs to the public. Angell on Tide Wat. By the Roman law, the shore included the land as far as the greatest wave extended in winter; est autem littus, maris, quatenus hibernus, fluctus maximus excurrit. Littus publicum est eatenus qua maxime fluctus exaestuat. The Civil Code of Louisiana seems to have followed the law of the Insti-tutes and the Digest, for it enacts, art. Shore; 2 Bligh's N, S.

For the law of Mass. A species of grass which grows in the sea. When cast upon land, it belongs to the owner of the land adjoining the sea shore; upon the grounds, that it increases gradually, that it is useful as manure and a protection to the ground, and that it is some compensation for the encroachments of the sea upon the land.

The French differs from our law in this respect, as sea weeds there, when cast on the beach, belong to the first occupant. The ability of a ship or other vessel to make a sea voyage with probable safety: The following rules have been established in regard, to the warranty of sea-worthiness.

That it is of no consequence whether the insured was aware of the condition of the ship, or not. His innocence or ignorance is no answer to the fact that the ship was not sea-worthy. The presumption, prima facie, is for sea-worthiness. Any sort of disrepair left in the ship, by which she, or the cargo may suffer, is a breach of the warranty of sea-worthiness. But if there was once a sufficient crew, their temporary absence will not be considered a breach of the warranty.

A vessel may be rendered not sea-worthy by being overloaded. When the sea-worthiness arises from justifiable ignorance of the cause of the defect, and is discovered and remedied before any injury occurs, it is not to be considered as a defect.

See, generally, 2 John. By an act of congress, approved July 20,as amended, by the act of July 29,it is provided, that if the first officer, or a second and third officer, and a majority of the crew of any vessel, shall make complaint in writing that she is in an unsuitable condition to go to sea, because she is leaky, or insufficiently supplied with sails, rigging, anchors, or any other equipment, or that the crew is insufficient to man her, or that her provisions, stores, and supplies are not, or have not been, during the voyage, sufficient and wholesome, thereupon, in any of these or like cases, the consul or commercial agent who may discharge any duties of a consul shall appoint two disinterested, competent, practical men, acquainted with maritime affairs, to examine into the causes of complaint, who shall, in their report, state what defects and deficiencies, if any they find to be well founded, as well as what, in their judgment ought to be done, to put the vessel in order for the continuance of her voyage.

A seal is an impression upon wax, wafer, or some other tenacious substance capable of being impressed. Lord Coke defines a seal to be wax, with an impression.

Faits, 17, 30; 2 Leon 21; 5 John. But in Pennsylvania, New Jersey, and the southern and western states generally, the impression upon wax has been disused, and a circular, oval, or square mark, opposite the name of the signer, has the same effect as a seal the shape of it however is indifferent; and it is usually written with a pen.

A notary must use his official seal, to authenticate his official acts, and a scroll will not answer. As to the effects of a seal, vide Phil.

Vide, generally, 13 Vin. Merlin defines a real to be a plate of metal with a flat surface, on which is engraved the arms of a prince or nation, or private individual or other device, with which an impression may be made on wax or other substance on paper or parchment, in order to authenticate them: When a seal is affixed to an instrument, it makes it a specialty, q. Where an instrument concludes with the words, "witness our hands and seals," and is signed by two persons, with only one seal, the jury may infer, from the face of the paper, that the person who signed last, adopted the seal of the first.

Vide 9 Am Jur. The public seal of a foreign state, proves itself; and public acts, decrees and judgments, exemplified under this seal, are received as true and genuine. But to entitle its seal to such authority, the foreign state must have been acknowledged by the government, within whose jurisdiction the forum is located.

The office at which certain judicial writs are sealed with the prerogative seal, and without which they are of no author-ity. The officer whose duty it is to seal such writs is called "sealer of writs;". SEAL OF THE UNITED STATES, government. The seal used by the United States in congress assembled, shall be the seal of the United States, viz.: ARMS, pale-ways of thirteen pieces argent and gules; a chief azure; the escutcheon on the breast of the American eagle displayer proper, holding in his dexter talon, an olive branch, and in his sinister, a bundle of thirteen arrows, all proper, and in his beak a scroll, inscribed with this motto, "E pluribus unum.

REVERSE, a pyramid unfin-ished. In the zenith an eye in a triangle, surrounded with a glory proper: SEALING OF A VERDICT, practice. The putting a verdict in writing, and placing it in an envelop, which is sealed. To relieve jurors after they have agreed, it is not unusual for the counsel to agree that the jury shall seal their verdict, and then separate.

When the court is again in session, the jury come in and give their verdict, in all respects as if it had not been sealed, and a juror may dissent from it, if since the sealing, he has honestly changed his mind. SEALS, matters of succession. On the death of a person, according to the laws of Louisiana, if the heir wishes to obtain the benefit of inventory, and the delays for deliberating, he is bound as soon as he knows of the death of the deceased to whose succession he is called, and before committing any act of heirship, to cause the seals to be affixed on the effects of the succession, by any judge or justice of the peace.

In ten days after this affixing of the seals, the, heir is bound to present a petition to the judge of the place in which the succession, is opened, praying for the removal of the seals, and that a true and faithful inventory of the effects of the succession be made. In case of vacant estates, and estates of which the heirs are absent and not represented, the seals, after the decease, must be affixed by a judge or justice of the peace within the limits of his jurisdiction, and may be fixed by him, either ex officio, or at the request of the parties.

The seals are affixed at the request of the parties, when a widow, a testamentary executor, or any other person who pretends to have an interest in a succession or community of property, requires it.

The object of placing the seals on the effects of a succession, is for the purpose of preserving them, and for the interest of third persons. The seals must be placed on the bureaus, coffers, armoires, and other things, which contain the effects and papers of the deceased, and on the doors of the apartments which contain these things, so that they cannot be opened without tearing off, breaking, or altering the seals.

The judge or justice of the peace, who affixes the seals, is bound to appoint guardian, at the expense of the succession, to take care of the seals and of the effects, of which an account is taken at the end of the proces-verbal of the affixing of the seals; the guardian must be domiciliated in the plaze where the inventory is taken.

And the judge; when he retires, must take with him the keys of all things and apartments upon which the seals have been affixed. The raising of the seals is done by the judge of the place, or justice of the peace appointed by him to that effect, in the presence of the witnesses of the vicinage, in the same manner as for the affixing of the seals.

See, generally; Benefit of Inventory, Succession; Code de Pro. A sailor; a mariner; one whose business is navigation. The term seamen, in it most enlarged sense, includes the captain a well as other persons of the crew; in a more confined signification, it extends only to the common sailors; 3 Pardes. Persons who do not contribute their aid in navigating the vessel or to its preservation in the course of their occupation, as musicians, are not to be considered as seamen with a right to sue in the admiralty for their wages.

Seamen are employed either in merchant vessels for private service, or in public vessels for the service of the United States. Seamen in the merchant vessels are required to enter into a contract in writing commonly called shipping articles. This contract being entered into, they are bound under.

They may be imprisoned for desertion until the ship is ready to bail. On board, a seaman is bound to do his duty to the utmost of his ability; and when his services are required for extraordinary exertions, either in consequence of the death of other seamen, Or on account of unforeseen perils, he is not entitled to an increase of wages, although it may have been promised to him.

For disobedience of orders he may be imprisoned or punished with stripes, but the correction q. By act of Congress, September 28,Minot's Stat. Seamen are entitled to their wages, of which one-third is due at every port at which the vessel shall unlade and deliver her cargo, before the voyage be ended; and at the end of the voyage an easy and speedy remedy is given them to recover all unpaid wages. When taken sick a seaman is entitled to medical advice and aid at the expense of the ship: The right of seamen to wages is founded not in the shipping articles, but in the services performed; Bee, ; and to recover such wages the seaman has a triple remedy, against the vessel, the owner, and the master.

When destitute in foreign ports, American consuls and commercial agents are required to provide for them, and for their passages to some port of the United States, in a reasonable manner, at the expense of the United States; and American vessels are bound to take such seamen on board at the request of the consul, but not exceeding two men for every hundred tons of the ship, and transport them to the United States, on such terms, binary option with the first no deposit bonuses exceeding ten dollars for each person, as may be agreed on.

Vide, generally, Story's Laws U. Seamen in the public service are governed by particular laws. By the act of July 16,a provision is made for raising a fund for the relief of disabled and sick seamen: The fund thus raised is to be employed by the president of the United States as circumstances shall require, for the benefit and convenience of sick and disabled American seamen. Act of March 3,s. By the act of congress, passed February 28,c. 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 be is accused.

The constitution of the United. By the act of March 2,s. An examination made in the proper lien office for mortgages, liens, judgments, or other encumbrances, against real estate. The certificate given by the officer as to the result of such examination is also called a search.

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Conveyancers and others who cause searches to be made ought to be very careful that they should be correct, with regard, 1. To the time during which the person against whom the search has been made owned the premises.

To the property searched against, which ought to be properly described. To the form of the certificate of search. SEARCH, RIGHT OF, mar. The right existing in a belligerent to examine and inspect the papers of a neutral vessel at sea. On the continent of Europe, this is called the right of visit. The right does not extend to examine the cargo; nor does it extend to a ship of war, it being strictly confined to the searching of merchant vessels.

The exercise of the right early exercise employee stock options to prevent the commerce of contraband goods. Although frequently resisted by powerful neutral nations, yet this right appears now to be fixed beyond contravention.

The penalty for violently resisting this right is the confiscation of the property so withheld from visitation. Unless in extreme cases of gross abuse of his right by a belligerent, the neutral has no right to resist a search.

It should be given under the hand and seal of the justice, and dated. The constitution of the United States, amendments, art. Lord Hale, 2 P. That they be, not granted without oath made before a justice of a forex services in dwarka committed, and that the complainant has probable cause to suspect they are in such a house or place, and his reasons for such suspicion.

That such warrants express that the leo trader pro forex peace army shall be made in day time.

That they ought to be directed to a constable or other proper officer, and not to a private person. A search warrant ought to command the officer to bring the stolen goods and the person in whose custody they are, before some justice of the peace. Law, 57, 64; 4 Inst.

Tr; ; 2 Wils. An officer of the customs, whose duty it is to examine and search all ships outward bound, to ascertain whether they have any prohibited or uncustomed goods on board. This word has two significations. It means a warrant of remedy by distress. It imports want of present fruit or profit, as in the case of the reversion without rent or other service, except fealty.

A measure equal to one sixtieth part of a minute. The name of a writ given by statute of Westminster the second, 13 Edw. It commands the sheriff, if the plaintiff make him secure of prosecuting his claim, and returning the chattels which were adjudged to the defendant by reason of the plaintiff's default, to make deliver-ance. On being nonsuited, the plaintiff in replevin might, at common law, have brought another replevin, and so in infinitum, to the intolerable vexation of the defendant.

The statute of Westminster restrains the plaintiff When nonsuited from so doing, but allows him this writ, issuing out of the original record, in order to have the same distress delivered again to him, on his giving the like security as before. SECOND SURCHARGE, WRIT OF. The name of a writ issued in England against a commoner who has a second time surcharged the common.

That which comes after the first, which is primary: That species of proof which is admissible on the loss of primary evidence, and which becomes, by that event, the best evidence. Those persons who assist, direct and support others engaged in fighting a duel.

As they are often much to blame in inciting the duellists to their rash act, and as they are always assisting in the commission of the crime, the laws generally punish them with severity but, in consequence of the false ideas too generally entertained on the subject of honor, the are too seldom enforced.

That which is not to be revealed. Attorneys and counsellors, who have been trusted professionally with the secrets of their clients, are not allowed to reveal them in a court of justice. The right of secrecy belongs to the client, and not to the attorney and counsellor.

As to the matter communicated, it extends to all cases where the client applies for professional advice or assistance; and it does not appear that the protection is qualified by any reference to proceedings pending or in contem-plation.

Documents confided professionally to the counsel cannot be demanded, unless indeed the party would himself be bound to produce them. Grand jurors are sworn the commonwealth's secrets, their fellows and their own to keep. Vide Confidential comunications; Witness.

A knowledge of something which is unknown to orthers, out of which a profit may be made; for example, an invention of a machine, or the discovery of the effect of the combination of certain matters. Instances have occurred of secrets of that kind being kept for many years, but they are liable to constant detection.

As such secrets are not pro-perty, the possessors of them in general prefer making them public, and securing the exclusive right for years, under the patent laws, to keeping them in an insecure manner, without them. An officer who, by order of his superior, writes letters and other instruments.

He is so called because he is possessed of the secrets of his employer. This term wag used in France inand in England the term secretary was first applied to the clerks of the king, who being always near his person were called clerks of the secret, and in the reign of Henry VIII.

SECRETARY OF EMBASSY or OF LEGATION. An officer appointed by the sovereign power, to accompany a minister of first or secoud rank, and sometimes, though not often, of an inferior rank. He is, in fact, a species of public minister; for independently of his protection as attached to an ambassador's suite, be enjoys, in his own rights, the same protection of the law of nations, and the same immunities as an ambassador. But private secretaries of a minister must Dot be confounded with secretaries of embassy or of legation.

Such private secretaries are entitled to protection only as belonging to the suite of the ambassador. The functions of a secretary of legation consist in his employment by his minister for objects of ceremony; in making verbal reports to the secretary of state, or other foreign ministers; in taking care of the archives of the mission; in ciphering and deciphering despatches; in sometimes making rough draughts of the notes or letters whicb the minister writes to his colleagues or to the local authorities; in drawup proces verbaux; in presenting passports to the minister for his signature, and delivering them to the persons for whom they are intended; and, finally, in assisting the minister, under whom be is placed, in everything concerning the affairs of the mission.

In the absence of the minister he is admitted to conferences and to present notes signed by the minister. Vide Ambassador; Minister; Suite. An officer employed to attend a foreign mission, and to perform certain duties as clerk. His salary is fixed by the act of congress of May 1, stockbrokers barclays uk, s.

The salary of a secretary of embassy, or the secretary of a minister plenipotentiary, is the same as that of a secretary of legation. SECRETARY OF THE NAVY, government.

This officer is appointed by the president. His duties are to execute all such orders as he shall receive from the president, relative to the procurement of naval stores and materials, and the construction, armament, equipment and employment of vessels of war; as well as all other matters connected with the naval establishment of the United States; act of 30th April,s. Various other duties are imposed upon him by sundry acts of congress. His salary is six thousand dollars. Act of 20th Feb.

SECRETARY OF STATE OF THE UNITED STATES, government. The principal officer in the Department of State. He shall perform such duties as shall be enjoined on or entrusted to him by the president, agreeably to the constitution, refative to the correspondences, commissions or instructions to or with public ministers or consuls from the United States, or to negotiations with foreign states or princes, or to memorials or other applications from foreign public ministers or foreigners, or to such other matters respecting foreign affairs as the president of the United States shall assign to such department.

The secretary shall conduct the business of his department in such manner as the president shall, from time to time, order or instruct. Act of 27th July, act of 15th Sept: Besides these general laws, there are various, others which impose upon him inferior and less important duties. His salary is six thousand dollars per annum. SECRETARY OF THE TREASURY OF THE UNITEE STATES, government. An officer appointed by the president. His principal duties are, 1. To superintend the collection of the revenue.

To digest, prepare, and lay before congress at the commencement of every session, a report on the subject of finance. To annex to the annual estimates of the appropriations required for the public service, a statement of the appropriations for the service of the year, which may have been made by former acts. To give information to either house of congress, respecting all matters connected with his office.

Besides these, there are other minor duties imposed upon him by various acts of congress. He is required to perform and execute such duties as shall, from time to time, be enjoined on or entrusted to him by the president, agreeably to the constitution, relative to military commissions or to the land forces, or warlike stores of the United States, or to such other matters respecting military affairs as the president shall assign to the department of war, q.

Act of 27th Aug. Various other duties are imposed upon the secretary by sundry acts of congress. In ancient times the plaintiff was required to establish the truth of his declaration in the first instance, and before it was called in question, upon the pleading, by the simultaneous production of his secta, that is, a number of persons prepared to confirm his allegations. The practice of thus producing a secta, gave rise to the very. The count in dower is forex resources com trader pro exception to the rule in question, and concludes without any production of suit, a peculiarity which appears always to have belonged to that action.

The lands of the United States are surveyed into parcels of six hundred and forty acres; each such parcel is called a section. These sections are divided into half sections, each of which contains three hundred and twenty acres, and into quarter sections of one hundred and sixty acres each. Among the Romans the bidders at an auction were so called. To protect, insure, or save a right. The constitution of the United States, art. But they may abandon the, right by publishing the book without having secured a copy-right, q.

That which renders a matter sure; an instrument which renders certain the performance of a contract. The term is also sometimes applied to designate a person who becomes the surety for another, or who engages himself for the performance of another's contract. SECURITY FOR COSTS, practice. In some courts there is a rule that when the plaintiff resides abroad he shall give security for costs, and until that has been done, when demanded, he cannot proceed in his action.

This american option binomial pricing a right which the defendant must claim in proper time, for if he once waives it, he cannot afterwards claim it; the waiver is seldom, or perhaps never expressly made, but is generally implied from the acts of the de-fendant.

When the defendant had undertaken to accept short notice of trial; 2 Hen. The fact guide to binary options markets pulse the defendant is out of the jurisdiction of the court, will not, alone, authorize the requisition of security for costs; he must have his domicil abroad.

When, the defendant resides abroad, he will be required to give such security, although he is a foreign prince. The raising commotions or disturbances in the state; it is a futures commission merchant prime broker against legitimate authority, Ersk. The distinction between sedition and treason consists in this, that though its ultimate object is a violation of the public peace, or at least such a course of measures as evidently engenders it, yet it does not aim at direct and open violence against the laws, or the subversion of the constitution.

In the Scotch law, sedition is either verbal or real. Verbal is inferred from the uttering of words tending to create discord between the king and his people; real sedition is generally committed by convocating together any considerable number of people, without lawful authority, under the pretence of redressing some public grievance, to the disturbing of the public peace.

The offence of a man who abuses the simplicity and confidence of a woman to obtain by false promises what she ought not to grant. The woman being particeps criminis, has no remedy for the mere seduction, nor is there, to the discredit of the law, a direct remedy in her parents. The seducer may be sued, though not. It follows, therefore, that when the daughter is of full age, and the father is not entitled to her services, and actually, she is not in his service, the father can maintain no action for the seduction.

Vide 2 Watts ; 9 John. The substance which nature prepares for the reproduction of plants or animals. Seeds which have been sown descargar estrategia cobraforex the earth immediately become a part of the land in which they have been sown; quae sata solo cedere intelliguntur.

Among the feudists, this name signified lord of the fee. The most extended signification of this word includes not only a lord or peer of parliament, but is applied to the owner or proprietor of a thing; hence, the owner of a hawk, and the master of a fishing vessel, is called a seigneur.

The rights of a lord as such, in lands. The possession of an estate of freebold. Seisin was used in contradistinction to that precarious kind of possession by which tenants in villenage held their lands, which was considered to be the possession of their lords in, whom the freehold continued.

Seisin is either in fact or in law. Where a freehold estate is conveyed to a person by feoffment, with livery of seisin, or by any of those conveyances which derive their effect from the statute of uses, he acquires a seisin in deed or in fact, and a freehold in deed: The seisin in law, which the heir acquires on the death of his ancestor, May be defeated by the entry of a stranger, claiming a right to the land, which is called an abatement.

The actual seisin of an estate may be lost by the forcible entry of a stranger who thereby ousts or dispossesses the owner this act is called a disseisin. According to Lord Mansfield, the various alterations which have been made in the law for the last three centuries, "have left us but the name of feoffment, seisin, tenure, and, freeholder, without any precise knowledge of the thing originally signified by these sounds.

In the United States, a conveyance by deed executed and acknowledged, and properly recorded according to law, and the descent cast upon the heir are, in general, considered as a seisin in deed without entry; and a grant by letters- patent from the commonwealth has the same effect.

The recording of a deed is equivalent to livery of seisin. In Pennsylvania, Connecticut, Massachusetts and Ohio, seisin means merely, ownership, and the distinction between seisin in deed and in law is rautatieasema helsinki forex known in practice. A patent by the commonwealth, in Kentucky, gives a, right entry, but k2 trading system actual seisin.

Traite des Fiefs, part 1, c. Vide Livery of Seisin. The act of taking possession of the property of a person condemned by the judgment of a competent tribunal, to pay a certain sum of money, by a sheriff, constable, or other officer, lawfully authorized thereto, by virtue of an execution, for the purpose of having such property sold according to law to satisfy the judgment. By seizure is also meant the taking possession of goods for a violation of a public law; as the taking possession of a ship for attempting an illicit trade.

The seizure is complete as soon as the goods are within the power of the officer. The taking of part of the goods in a house, however, by virtue of a fieri facias in the name of the whole, is a good seizure of all.

As the seizure must be made by virtue of an execution, it is evident that it cannot be made after the return day. Vide Door; House; Search Warrant. Judges among the Romans who were selected very much like our juries. They were returned by the praetor, drawn by lot, subject to be challenged and sworn. The right to protect one's person and property from injury. It will be proper to consider, 1. The extent of the right of self-defence.

By whom it may be exercised. As to the extent of the right, it may be laid down, first, that when threatened violence exists, it is the duty of the person threatened to use all, prudent and precautionary measures to prevent the attack; for example, if by closing a door which was usually left open, one could prevent an attack, it would be prudent, and perhaps the law might require, that it should be closed, in order to preserve the peace, and the aggressor might in such case be held to bail for his good behaviour; secondly, if, after having taken such proper precautions, a party should be assailed, he may undoubtedly repel force by force, but in most instances cannot, under the pretext that he has been attacked, use force enough to kill the assailant or hurt him after he has secured himself from danger; as, if a person unarmed enters a house to commit a larceny, while there he does not threaten any one, nor does any act which manifests an intention to hurt any one, and there are a number of persons present, who may easily secure him, no one will be justifiable to do him any injury, much less to kill him; he ought to be secured and delivered to the public authorities.

But when an attack is made by a thief under such circumstances, and it is impossible to ascertain to what extent he may push it, the law does benelli supernova tactical collapsible stock review requite the party assailed to weigh with great nicety the probable extent of the attack, and he may use the most violent means against his assailant, even to the taking of his life.

For homicide may be excused, se defendendo, where a man has no other probable means of preserving his life from one who attacks him, while in the commission of a felony, or even on a sudden quarrel, he beats him, so that he is reduced to this inevitable necessity. And the reason is that when so reduced, he cannot call to his aid the power of society or of the commonwealth, and, being unprotected by law, he reassumes his natural rights, which the law sanctions, of killing his adversary to protect himself.

The party attacked may undoubtedly defend himself, and the law further sanctions the mutual and reciprocal defence of such as stand in the near relations of hushand and wife, patent and child, and master and servant. In these cases, if the party himself, or any of these his relations, be forcibly attacked in their person or property, it is lawful for him to repel force by force, for the law in these cases respects the passions of the human mind, and makes, it lawful in him, when external violence is offered to himself, or to those to whom he bears so near a connexion, to do that prompt how to trade binary options youtube justice to which he is prompted by nature, and which no prudential motives are strong enough to restrain.

The party making the attack may be resisted, and if several persons join in such attack they options futures and other derivatives john c hull 7th edition ppt all be resisted, and one may be killed although he may not himself have given the immediate cause for such killing, if by his presence and his acts, he has aided the assailant.

The cases for which a man may defend himself are of two kinds; first, when a felony is attempted, and, secondly, when, no daytrading university ken calhoun is attempted or apprehended. A man may defend himself, and even commit a homicide for the prevention of any forcible and atrocious crime, which if completed would amount to a felony; and of course under the like circumstances, mayhem, wounding and battery would be excusable at common law.

A man may repel force by force in defence of his person, property or habitation, against any one who manifests, intends, attempts, or endeavors, by violence or surprise, to commit a forcible felony, such as murder, rape, robbery, arson, burglary and the like. In these cases he is not required to retreat, but he may resist, and even pursue his adversary, until he has secured himself from all danger.

A man may defend himself when no felony has been threatened or attempted; 1. When the assailant attempts to beat another and there is no mutual combat; as, where one meets another and attempts to commit or does commit an assault and battery on him, the person attacked may defend himself; and an offer or, attempt to strike another, when sufficiently near, so that that there is danger, the person assailed may strike first, and is not required to wait until he has been struk.

When there is a mutual combat upon a sudden quarrel. In these cases both parties are the aggressors; and if in the fight one is killed it will be manslaughter at least, unless the survivor can prove two things: That before the mortal stroke was given be had refused any further combat, and had retreated as far as he could with safety; and 2d. That he killed his adversary from necessity, to mock stock market trading game his own destruction.

A man may defend himself against animals, and he may during the attack kill them, but not afterwards. As a general rule no man is allowed to defend himself with force if he can apply to the law for redress, and the law gives him a complete remedy, See Assault; Battery; Necessity; Trespass. The make money ezine articles of certain officers in several of the United States, who are invested by the statutes of the several states with various powers.

One who disposes of a thing in consideration of money; a. This term is more usually applied in the sale of chattels, that of vendor in the sale of estates.

The duties of the seller are, 1. To deal with fairness. To deliver the thing sold at the time and place appointed, and to take care of it until deli-very; but when everything the seller has dtp job work home do with the goods is complete, the property and the risk of accident to the goods, rests in the buyer, even stock broker jobs indianapolis delivery, or payment.

To forex utv 330+ usb tv karti the title of personal property when he sells it as his own, when it is in his possession.

The rights of the seller are, 1. To be paid the price agreed upon. To be indemnified for any expenses he may have incurred to preserve the thing sold for the buyer, after the title to it has passed to the latter.

To stop the thing in transitu when the buyer has failed and the price has not been paid. See Stoppage, in transitu. Vide Purchaser, and the how much can i earn as a childminder in london there cited; Bouv. A French word which signifies, it seems. It is commonly used before the statement of a point of law which has not been directly settled; but about which the court have expressed an opinion, and intimated what it is.

Presumptions of fact are so called. This degree of proof is thus deaned: A term used by Italian lawyers, which literally signifies half-shipwreck, and by which they understand the jetsam, or casting merchan-dise into the sea to prevent shipwreck. It also signifies the state of a vessel which has been so much injured by tem-pest or accident, that to repair the damages, after being brought into port, and prepare her for sea, would cost more than her worth.

The name of a plea by which the defendant alleges that he has always been ready to perform what is demanded of him. The same as Tout temps prist. This is said to be an ancient word which signified justice. The less numerous branch of the legislature. The constitution of the United States, article 1, s.

It is unlike the house of representatives. The senate of the United States is invested with legislative, executive and judicial powers. It is a legislative body whose concurrence is requisite to the passage of every law. It may originate any bill, except those for raising rev-enue, which shall originate in the house of representatives; but the senate may propose or concur with amendments as on other bills.

The senate is invested with executive authority in concluding treaties and making appointments. Vide President of the United States of America. It is invested with judicial power when it is formed into a court for the trial of impeachments. See Courts of the United States. In most of the states the less numerous branch of the legislature bears the title of senate. In such a body the people are represented as well as in the other house. Vide article Congress; and, for the senates of the several states, the name of each state.

See, also, articles Courts of the United States, I; House of Representatives; Vice-President of the United States. One who is a member of a senate. No person shall be a senator [of the national senate] who shall not have attained the age of thirty years, and been nine years a citizen of the United States and who shall not when elected, be an inhabitant of that state for which he shall be chosen.

Vide 1 Kent, Com. A decree or decision of the Roman senate, which had the force of law. When the Roman people had so increased that there was no place where they could meet, it was found necessary to consult the senate instead of the people, both on public affairs and those which related to individuals. The opinion which was rendered on such an occasion was called senatus consultum. The state of being old.

Sometimes in this state it is exceedingly difficult to know whether the individual is or is not so deprived of the powers of his mind as to be unable to manage his affairs. In general, senility of energy in some of the intellectual operations, while the affections remain natural and unperverted; such a state may, however, be funny stockbroker gifts by actual dementia or idiocy.

When on account of senility the party is unable to manage his affairs, a committee will be appointed as in case of lunacy. This addition is sometimes made to a man's name, when two persons bear the same, in order to distinguish them. In practice when nothing is mentioned, the senior is intended. A judgment, or judicial declaration made by a judge in a cause. The term judgment is more usually applied to civil, 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 which has arisen in the course of its progress. That which belongs to one only of several persons; as, the separate estate of a partner, which does not belong to the partnership.

The separate estate of a married woman, is that which belongs to her, and over which her hushand has no right in equity. It may consist of lands or chattels. An allowance made by a hushand to his wife for her separate support and maintenance.

When this allowance is regularly paid, and notice of it has been given, no person who has received such notice will be entitled to recover against the hushand for necessaries furnished to the wife, because the liability of the hushand, depends on a presumption of authority delegated by him to the wife, which is negatived by the facts of the case.

The trial of one person by himself, when he is jointly indicted with others for an alleged offence. On a joint indictment against two or more defendants for a crime of misdemeanor, it is in the discretion of the court whether to allow a separate trial for each prisoner, or to order the whole of them to be tried together.

When the hushand and wife agree to live apart they are said to have made a separation. Contracts of this kind are generally made by the hushand for himself and by the wife with trustees. This contract does not affect the marriage, and the parties may, at any time agree to live together as hushand and wife. The hushand who has agreed to a total separation cannot bring an action for criminal conversation with the wife.

Reconciliation after separation supersedes special articles of separation in courts of law and equity. How much does it cost to buy stock in walmart policy forbids that parties should be permitted to make agreements for themselves to hold good whenever they choose to live separate.

See 5 Bligh, N. The place guide to binary options markets pulse a corpse is buried. The violation of sepulchres is a misdemeanor at common law. TO SEQUESTER, civil and eccles. Example, when a widow comes into court and disclaims having anything to do, or to intermeddle with her deceased hushand's estate, she is said to sequester. The process of broker negligence stock is a writ of commission, sometimes directed to the sheriff, but most usually, to four or more commissioners of the complainant's own nomination, authorizing them to enter upon the real or personal estate of the defendant, and to take the rents, issues and profits into their own hands, and keep possession of, or pay the same as the court shall order and direct, until the party who is in contempt shall do that which he is recent turmoil in indian stock market to do, and which is specially mentioned in the writ.

Upon the return of non est inventus to a commission of rebellion, a ser-geant-at-arms forex robot championship be moved for; and if he certifies that the defendant cannot be taken, a motion may be made upon his certificate, for an order for a sequestration. Under a sequestration upon mesne process, as in respect of a contempt for want of appearance or answer, the sequestrators may take possession of the party's personal property and keep him out of possession; but no sale can take place, unless perhaps to pay expenses; for this process is only to form the foundation of taking the bill pro confesso.

After a decree it may be sold. See, generally, as to this species of sequestration, 19 Vin. A species of deposit, which two or more persons, engaged in litigation about anything, make of the thing in contest to an indifferent person, who binds himself to restore it when the issue is decided, to the party to whom it is adjudged to belong.

This is called a conventional sequestration, to distinguish it from a judicial sequestration, which is considered in the preceding article. The Code of Practice in civil cases in Louisiana, defines and makes the following provisions on the subject of sequestration. Sequestration is a mandate of the court, ordering the sheriff, in certain cases, to take in his possession, and to keep a thing of which another person has the possession, until after the decision of a suit, in order that it be delivered to him who shall be adjudged entitled to have the property or possession of that thing.

This is what is properly called a judicial sequestratian. In this acceptation, the word sequestration does not mean a judicial deposit, because sequestration may exist together with forex rollover trading right of administration, while mere deposit does not admit it.

All species of property, real or personal, as well xiu call options the revenue proceeding from the same, may be sequestered. Obligations and titles may also be sequestered, when their ownership is in dispute. Judicial sequestration is generally ordered only at the request of one of the parties to a suit; there are cases, nevertheless, where it is decreed by the court without such request, or is the consequence of the execution of judgments.

The court may order, ex officio, the sequestration of real property in suits, where the ownership of how to predict the trade binary options profitably review property is in dispute and when one of the contending parties does not seem to have a more apparent right to the possession than the other.

In such cases, sequestration may be ordered to continue, until the question of ownership shall have been decided. Sequestration may be ordered at the request of one of the parties in a suit in the following cases: When one who had possessed for more than one year, has been evicted through violence, and sues to be restored to his possession.

When one sues for the possession of movable property, or of a slave, and fears that the party having possession, may ill treat the slave or send either that slave, or the property in dispute, out of the jurisdiction of the court, during the pendency of the suit. When one claims the ownership, or the possession of real property, and has good ground to appre-hend, that the defendant may make use of his possession to dilapidate or to waste the fruits or revenues produced by such property, or convert them to his own use.

When a woman sues for a separation from bed and board, or only for a separation of property from her hushand, and has reason to apprehend that he will ruin her dotal property, or waste the fruits or revenues produced by the same during the pendency of the action. When one has petitioned for a stay of proceedings, and a meeting of his creditors, and such creditors fear that he may avail himself of such stay of proceedings, to place the whole, or a part of his property, out of their reach.

A creditor by special mortgage shall have the power of sequestering the mortgaged property, when he appre-hends that it will be removed out of the state before he can have the benefit of his mortgage, and will make oath of the facts which induced his apprehension.

A plaintiff wishing to obtain an order of sequestration in any one of the cases above provided, must annex to the petition in which he prays for such an order, an affidavit, setting forth the cause for which he claims such order, he must besides, execute his obligation in favor of the defendant, for such sum as the court shall determine, with the surety of one good and solvent person, residing within the jurisdiction of the court, to be responsible for such damages as the defendant may sustain, in case such sequestration should have been wrongfully obtained.

When security is given in order to obtain the sequestration of real property which brings a revenue, the judge must require that it be given for an amount sufficient to compensate the defendant, not only for all damage which he may sustain, but also for the privation of such revenue, during the pendency of the action. Unsettled stock etrade plaintiff when he prays for a sequestration of the property of one who has failed, is not required to give such security, though that property bring in a revenue.

A defendant against whom a mandate of sequestration has been obtained, except in cases of failure, may have the same set aside, by executing his obligation in favor of the sheriff, with one good and solvent surety, for whatever amount the judge may determine, as being equal to the value of the property to be left in his possession. The security thus given by the defendant, when the property sequestrated consists in movables or in slaves, shall be responsible that he shall not send away the same out of the jurisdiction of the court; that he shall not make an improper use of them; and that he will faithfully present them, after definitive judgment, in case he should be decreed to restore the same to the plaintiff.

As regards landed property, this security is given to prevent the defendant, while in possession, from wasting the property, and for the faithful restitution of the fruits that he may have received since the demand, or of their value in the event of his being cast in the suit. When the sheriff has sequestered property pursuant to an order of the court, he shall, after serving the petition and the copy of the order of sequestration on the defendant, send him return in writing to the clerk of the court which gave the order, stating in the same in what manner the order was executed, and annex to such return a true and minute inventory of the property sequestered, drawn by him, in the presence of two witnesses.

The sheriff, while he retains possession of sequestered property, is bound to take proper care of the same and to administer the same, if it be of such nature as to admit of it, as a prudent father of a family administers his own affairs. He may confide them to the care of guardians or overseers, for whose acts he remains responsible, and he will be entitled to receive a just compensation for his administration, to be determined by the court, to be paid to him out of the proceeds of the property sequestered, if judgment be given in favor of the plaintiff.

One to whom a sequestration is made. A depositary of this kind cannot exonerate himself from the care of the thing sequestered in his hands, unless for some cause rendering it indispens-able that he should resign his trust.

Sequestrators are also officers appointed by a court of chancery, and named in a writ of sequestration. As to their powers and duties, see 2 Madd. During the feudal times certain persons who were bound to perform very onerous duties towards others, were so called. There is this essential difference between a serf and a slave; the serf was bound simply to labor on the soil where he was born, without any right to go elsewhere without the consent of his lord; but he was free to fineco forex spread as he pleased in his daily action: Lepage, Science du Droit, c.

SERGEANT or SERJEANT, Engl. An officer in the courts of the highest grade among the practitioners of the law. SERGEANT or SERJEANT, in the army.

SERGEANT AT ARMS, An officer appointed by a legislative body, whose duties are to enforce the orders given by such bodies, generally under the warrant of its presiding officer. In a series, severally; as, the judges delivered their opinions seriatim. A species of service which cannot be due o que e best free binary option signals performed from a tenant to any lord but the king; and is either grand or petit serjeanty.

SERVANTS, negro or mulatto, Pennsylvania. By the fourth section of the act for the gradual abolition of slavery, passed the first day of March,1 Smith's Laws of Penn. The act requires that a register of such children as would have been slaves shall be kept by a public officer therein designated.

The want of registry entitles such child to freedom. In Louisiana they are divided into free servants and slaves. Free servants are, in general, all free persons who let, hire, or engage their services to another in the state, to be employed therein at any work, commerce, or occupation whatever, for the benefit of him who has contracted with them, for a certain sum or retribution, or upon certain conditions.

There are three kinds of free servants in the state, to wit:. Those who only hire out their services by the day, week, month, or year, in consideration of certain wages. Those who engage to serve for a fixed time for a certain consideration, and who are therefore considered not as having hired out, but as having sold their services.

Apprentices that is, those who engage to serve any one, in order to learn some art, trade, or profession. Domestics those who receive wages, and who are lodged and fed in the house of another, and who are employed in his services. Such servants are not particularly recognized by law. They are called menial servants, or domestics, from living infra moenia, within the walls of the house. The right of the master to their services in every respect is grounded on the contract between them.

Labor-ers, or persons hired by the day's work, or any longer time, are not considered servants. This name was given by the Romans to their slaves; they were so called from servare, to preserve, from the ancient practice of the generals of the army, who were accustomed to sell their captives, and preserved them rather than kill them: The being employed to serve another. In cases of seduction, the gist of the action is not injury which the seducer has inflicted on the parent by destroying his peace of mind, and the reputation of his child, but for the consequent inability to perform those services for which she was accountable to her master or her parent who assumes this character for the stock trading with rbc Vide Seduction, and 2 Mees.

That duty which the tenant owes to his lord, by reason of his fee or estate. The services, in respect of their quality, were either free or base, and in respect of their quantity and the time of exacting them, were either certain or uncertain. In the civil law by service is sometimes understood servitude. To execute a writ or process; as, to serve a writ of capias signifies to arrest a defendant under the process; Kirby, 48; 2 Aik. When the service of a writ is prevented by the act of the party on whom it is to be served, it will, in general, be sufficient if the officer do everything in his power to serve it.

A term applied to an estate or tenement by which a servitude is due to another estate or tenement. A term which indicates the subjection of one person to another person, or of a person to a thing, or of a thing to a try to trading binary options for beginners, or of a thing to a thing.

Hence servitudes are divided into real, personal, and mixed. A real or predial servitude is a charge laid on an estate for the use and utility of another estate belonging to another proprietor.

When used without any adjunct, the word servitude means a real or predial servitude. The subjection of one person to another is a purely personal servitude; if it exists in the right of property which a person exercises over another, it is slavery. When the subjection of one person to another is not slavery, it consists simply in the right of requiring forex broker mini accounts another what he is bound to do, or not to do; this right arises from all kinds of contracts or quasi con tracts.

The subjection of persons to things or of things to persons, are mixed servitudes. Real servitudes are divided into rural and urban. Rural servitudes are those which are due by an estate to another estate, such as the right of passage over the serving estate, or that which owes the servitude, or to draw water from it, or to water cattle there, or to take coal, lime and wood from it, and the like.

Urban servitudes are those which are established over a building fur the convenience of another, such as the right of resting the joists in the wall of the serving building, of opening windows which overlook the serving estate, and the like. See, generally, Lois des Bat. Ancient Lights; Easements; Ways; Lalaure, Des Servitudes, passim. Those servitudes which arise in consequence of the nature of the soil. By law the inferior heritages, are submitted in relation to the natural flow of waters, and the like, to the superior.

An inferior field is, therefore, subject to the injury or prejudice which the situation of the ground, in its natural state, way cause it. Those by which the property of a subject, in Scotland, is burdened in favor, not of a tenement, but of a person.

Life rent is the only personal servitude there. A service or servitude; a burden imposed by law, or the agreement of parties upon certain persons, for the benefit of others; or upon one estate for the advantage of another, or for the benefit of another person than the owner.

Servitude; slavery; a state of bondage. SERVITUS LUMINUM, civil law. The name of a servitude by which an obligation is imposed on the owner of a house to allow windows or lights to be put in his wall by the owner of the adjoining house.

SERVITUS STILLIClDII, civil law. The name of a servitude which obliges the owner of an estate to receive, or his right to turn aside, the droppings or stream from his neighbor's house.

The name of a servitude which consists in requiring him who owes it, to permit his neighbor to place his joists on his wall. It differs from the servitude Oneris ferendi.

The time during which a legislative body, a court or other assembly sits for the transaction of business; as, a session of congress, which commences on the day appointed by the constitution, and ends when congress finally adjourns before the commencement of the next session; the session of a court, which commences at the day appointed by law, and ends when the court finally rises a term. SESSION COURT, or COURT OF SESSION. The highest civil court in the kingdom of Scotland.

The judges, called lords of the session, are fifteen in number. It has extensive original jurisdiction, and its powers of review as a court of appeal have no limits. Init was divided into two chambers, called the first and second division; the lord president and seven judges constituting the former, and the lord justice clerk, who is head of the court of justiciary, with six judges, the latter.

These divisions have independent but coordinate jurisdiction. The high court of justiciary, or supreme criminal jurisdiction for Scotland consists of six judges, who are lords of the session, the lord justice clerk presiding. In this court the number of the jury is fifteen, and a majority decides. The court of session is divided into the inner house and outer house, with appeal from the latter to the former, and from the former to the house of lords of the United Kingdom.

Foreign bills of exchange are generally drawn in parts; as, "pay this my first bill of exchange, second and third of the same tenor and date not paid;" the whole of these parts, which make but one bill, are called a set. Bills,6, edition of ; 2 Pardess. To annul; to make void; as to set aside an award.

When proceedings are irregular they may be set aside on, motion of the party whom they injuriously affect. A set-off was unknown to the common law, according to which mutual debts were distinct and inextinguishable except by actual payment or release.

The statute 2 Geo. The statute being made for the benefit of the defendant, is not compulsory; 8 Watts, R. It seems, however, that in some cases of intestate estates, and of insolvent estates, perhaps owing to the peculiar wording of the law, the statute has been held to operate on the rights of the parties before action brought, or an act done by either of them.

Set-off takes place only in actions on contracts for the payment of money, as assumpsit, debt and covenant.

A set-off is not allowed in actions arising ex delicto, as, upon the case, trespass, replevin or detinue. The matters which may be set off, may be mutual liquidated debts or damages, but unliquidated damages cannot be set off. The statutes refer only to mutual unconnected debts; for at common law, when the nature of the employment, transaction or dealings necessarily constitute an account consisting of receipts and payments, debts and credits, the balance only is considered to be the debt, and therefore in an action, it is not necessary in such cases either to plead or give notice of set-off.

In general, when the government is plaintiff, no set-off will be allowed. See 9 Cranch, ; Paine, But when an act of congress authorizes such set-off, it may be made. Judgments in the same rights may be set off against each other at the discretion of the court. Vide Compensation; also Mon-tagu on Set-off; Babington on Set-off; 3 Stark. To adjust or ascertain to pay. Two contracting parties are said to settle an account when they ascertain what is justly due by one to the other; when one pays the balance or debt due by him, he is said to settle such debt or balance.

The right which a person has of being considered as resident of a particular place. It is obtained in various ways, to wit: By the legal settlement of the father, in the case of minor children. By the payment of requisite taxes.

By the lawful exercise of a public office. By hiring and service for a year. By serving an apprenticeship; and perhaps some others which depend upon the local statutes of the different states. The conveyance of an estate, for the benefit of some person or persons. It is usually made on the prospect of marriage for the benefit of the married pair, or one of them, or for the benefit of some other persons, as their children.

Such settlements vest the property in trustees upon specified terms, usually for the benefit of the hushand and wife during their joint lives, and then for the benefit of the survivor for life, and afterwards for the benefit of children.

Ante-nuptial agreements of this kind will be enforced in equity by a specific performance of them, provided they are fair and valid, and the intention of the parties is consistent with the principles and policy of law.

Settlements after marriage, if made in pursuance of an agreement in writing entered into prior to the marriage, are valid, both against creditors and purchasers. When made without consideration, after marriage, and the property of the hushand is settled upon his wife and children, the settlement will be valid against subsequent creditors, if, at the time of the settlement being made, he was not indebted; but, if he was then indebted, it will be void as to the creditors existing at the time of the settlement; 3 John.

The term settlement is also applied to an agreement by which two or more persons, who have dealings together, so far arrange their accounts, as to ascertain the balance due from one to the other; and settlement sometimes signifies a payment in full. When defendants who are sued jointly have separate de-fences, they may in general sever, that is, each one rely on his own separate defence; each may plead severally and insist on his own separate plea.

A state of separation or partition. A several agreement or cove-nant, is one entered into by two or more persons separately, each binding himself for the whole; a several action is one in which two or more persons are separately charged; a several inheritance, is one conveyed so as to descend, or come to two persons separately by moieties.

Several is usually opposed to joint.

Vide 3 Rawle, See Contract; Joint Contract, Parties to action. SEVERALTY, title to an estate. An estate in severalty is one which is held by the tenant in his own right only, without any other being joined or connected with him in point of interest, during the continuance of his estate. When an action is brought in the name of several plain-tiffs, in which the plaintiffs must of necessity join, aud one or more of the persons so named do not appear, or make default after appearance, the other may have judgment of severance, or, as it is technically called, judgment ad sequendum solum.

But in personal actions, with the exception of those by executors, and of detinue for charters, there can be no summons and severance. After severance, the party severed can never be mentioned in the suit, nor derive any advantage from it.

When there are several defendants, each of them may use such plea as, he may think proper for his own defence; and they may join in the same plea, or sever at their discretion; Co. But when the defendants have once united in the plea, they cannot afterwards sever at the rejoinder, or other later stage of the pleading.

The act by which any one of the unities of a joint tenancy is effected, is so called; because the estate is no longer a joint tenancy, but is severed. A severance may be effected in various ways, namely: By partition, which is either voluntary or compulsory. By alienation of one of the joint tenants, which turns the estate into a tenancy in common.

By the purchase or descent of all the shares of the joint tenants, so that the whole estate becomes vested in one only. Estates by Grant, K 5; 1 Binn. In another and a less technical sense, severance is the separation of a part of a thing from another; for example, the separation of malchinery from a mill, is a severance, and, in that case, the machinery which while annexed to the mill was real estate, becomes by the severance; personalty, unless such severance be merely temporary.

Properly a trench artificially made for the purpose of carrying water into the sea, river, or some other place of reception. Public sewers are, in general, made at the public expense. The physical difference between male and female in animals. In the human species the male is called man, q. Some human beings whose sexual organs are somewhat imperfect, have acquired the name of hermaphrodite. In the civil state the sex creates a difference among individuals. Women cannot generally be elected or appointed to offices or service in public capa-cities.

In this our law agrees with that of other nations. The civil law excluded women from all offices civil or public: Faemintae ab omnibus officiis civilibus vel publicis remotae sunt. The principal reason of this exclusion is to encourage that modesty which is natural to the female sex, and which renders them unqualified to mix and contend with men; the pre-tended weakness of the sex is not probably the true reason.

Vide Gender; Male; Man; Women; Worthiest of blood. One entered for the mere purpose of delay; it must be of a matter which the pleader knows to be false; as judgment recovered, that is, that judgment has already been recovered by the plaintiff for the same cause of action. These sham pleas are generally discouraged, and in some cases are treated as a nullity.

A portion of anything. Sometimes shares are equal, at other times they are unequal. In companies and corporations the whole of the capital stock is usually divided into equal proportions called shares.

Shares in public companies have sometimes been held to be real estate, but most usually they are considered as personal property. The proportion which descends to one of several children from his ancestor, is called a share. The term share and share alike, signifies in equal proportions. A wether more than a year old. This case, reported in 1 Rep. It has been expressed with great precision, though not with much elegance, to be "in any instrument, if a freehold be limited to the ancestor for life, and the inheritance to his heirs, either mediately or immediately, the first taker takes the whole estate; if it be limited to the heirs of his body, he takes a fee tail; if to his heirs a fee simple.

Butler's note, 1; 3 Binn. Law Tracts, article "Observations concerning the rule in Shelley's case, chiefly with a view to the application of that rule in Last Wills;" 5 Ohio R. The name of the chief officer of the county.

In Latin he is called vice comes, because in England he represented the comes or earl. His name is said to be derived from the Saxon seyre, shire or county, and reve, keeper, bailiff, or guardian.

The general duties of the sheriff are, 1st. To keep the peace within the county; he may apprehend, and commit to prison all persons who break the peace or attempt to break it, and bind any one in a recognizance to keep the peace. He is required ex officio, to pursue and take all traitors, murderers, felons and rioters. He has the keeping of the county gaol and he is bound to defend it against all attacks.

He may command the posse comitatus. In his ministerial capacity, the sheriff is bound to execute within his county or bailiwick, all process issuing from the courts of the commonwealth. The sheriff also possesses a judicial capacity, but this is very much circumscribed to what it was at common law in England.

It is now generally confined to ascertain damages on writs of inquiry and the like. Generally speaking the sheriff has no authority out of his county. He may, however, do mere ministerial acts out of his county, as making a return. Vide, generally, the various Digests and Abridgments, h. The office of sheriff, the time during which a sheriff is to remain in office. One which takes effect in derogation of some other estate, and is either limited by the deed creating it, or authorized to be created by some person named in it.

This is sometimes called a secondary use. The following is an example: If an estate be limited to A and his heirs, with a proviso that if B pay to A one hundred dollars by a time named, the use to A shall ease, and the estate go to B in fee; the estate is vested in A subject to the shifting or secondary use in fee in B. Again, if the proviso be that C may revoke the use to A, and limit it to B, then A is seised in fee, with a power in C of revocation and limitation of a new use.

These shifting uses must be confined within proper limits, so as not to create a perpetuity. Uses and Trusts, K; Co. The name of an English coin, of the value of one twen-tieth part of a pound. In the United States, while they were colonies, there were coins of this denomination, but they greatly varied in their value.

This word, in its most enlarged sense, signifies a vessel employed in navigation; for example, the terms the ship's papers, the ship's hushand, shipwreck, and the like, are employed whether the vessel referred to be a brig, a sloop, or a three-masted vessel. In a more confined sense, it means such a vessel with three masts 4 Wash. The capacity of a ship is ascertained by its tonnage, or the space which may be occupied by its cargo. Vide Story's Laws U. Merchant, N; 3 Kent, Com. One who transacts business between the owners of vessels and merchants who send cargoes.

In the charter parties with the English East India Company, these words occur; their meaning is damage from negligence, insufficiency or bad stowage in the ship.

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 usually authorized to act as the general agent of the owners, in relation to the ship in her home port.

By virtue of his agency, he is authorized to direct all proper repairs, equipments and outfits of the ship; to hire the officers and crew; to enter into contraets for the freight or charter of the ship, if that is her usual employment; and to do all other acts necessary and proper to prepare and despatch her for and on ber intended voyage. By some authors, it is said the ship's hushand must be a part owner.

To see to the proper outfit of the vessel, in the repairs adequate to the voyage, and in the tackle and furniture necessary for a sea-worthy ship. To have a proper master, mate, and crew, for the ship, so that, in this respect, it shall be sea-worthy. To see the due furnishing of provisions and stores, according to the necessities of the voyage. To see to the regularity of the clearance's from the custom-house, and the regularity of the registry.

To settle the contracts, and provide for the payment of the furnishings which are requisite to the performance of those duties. To enter into proper charter parties, or engage the vessel for general freight, under the usual conditions; and to settle for freight, and adjust averages with the merchant; and. To preserve the proper certificates, surveys and documents, in case of future disputes with insurers and freighters and to keep regular books of the ship. These are his general powers, but of course, they may be limited or enlarged by the owners; and it may be observed, that without special authority, he cannot, in general, exercise the following enumerated acts:.

He cannot borrow money generally for the use of the ship; though, as above observed, he may settle the accounts for furnishings, or grant bills for them, which form debts against the concern, whether or not he has funds in his hands with which he might have paid them. Although he may in general, levy the freight which is, by the bill of lading, payable on the delivery of the goods, it would seem that he would not have power to take bills for the freight, and give up the possession of the lien over the cargo, unless it has been so settled by the charter party.

He cannot insure, or bind the owners for premiums. As the power of the master to enter into contracts of affreightments, is superseded in the port of the owners, so it is by the presence of the ship's hushand, or the knowledge of the contracting parties that a ship's hushand has been appointed.

Those documents which are required on board of neutral ships, as evidence of their neutrality, These are the passports, sea-letter, muster-roll, charter party, bill of lading, invoices, log book, bill of health, register, and papers containing proofs of property.

The want of these papers, or either of them, renders the character of a vessel suspicious. Vide Clearance, and 2 Boulay Paty, Dr. One who ships or puts goods on board of a vessel, to be carried to another place during her voyage. In general, the shipper is bound to pay for the hire of the vessel, or the freight of the goods.

The act of congress of July 20,s. This instrument is called the shipping articles. For want of which, the seaman is entitled to the highest wages which have been given at the port or place where such seaman or mariner shall have been shipped for a similar voyage within three months next before the time of such shipping, on his performing the service, or during the time he shall continue to do duty on board such vessel, without being bound by the regulations, nor subject to the penalties and forfeitures contained in the said act of congress; and the master is further liable to a penalty of twenty dollars.

The shipping articles ought not to contain any clause which derogates from the general rights and privileges of seamen, and if they do, such clause will be declared void. A seaman who signs shipping articles, is bound to perform the voyage, and he has no right to elect to pay damages for non-performance of the contract. The loss of a vessel at sea, either. A district or division of country.

This name is given to a book in which a merchant, mechanic, or other person, makes original entries of goods sold or work done. In general, such a book is prima facie evidence of the sale of the goods and of the work done, but not of their value. Land on the side of the sea, a lake, or a river, is called the shore. Strictly speaking, however, when the water does not ebb and flow, in a river, there is no shore. See 4 Hill, N. A term used among bankers, which takes, place when a note has been sent to a bank for collection, and an entry of it is made in the cus-tomer's bank book, stating the amount in an inner column, and carrying it out into the accounts between the parties when it has been paid.

A bill of this kind remains the property of the depositor. SI FACERIT TE SECUREM. If he make you secure. These words occur in the form of writs, which originally requited, or still require, that the plaintiff should give security to the sheriff that he will prosecute his claim, before the sheriff can be required to execute such writ.

By sickness is understood any affection of the body which deprives it temporarily of the power to fulfil iis usual functions. Sickness is either such as affects the body generally, or only some parts of it. Of the former class, a fever is an example; of the latter, blindness.

When a process has been issued against an individual for his arrest, the she-riff or other officer is authorized, after he has arrested him, if he be so dangerously sick, that to remove him would endanger his life or health, to let him remain where he found him, and to return the facts at large, or simply languidus.

SIDE BAR RULES, Eng practice. Rules which were formerly moved for by attorneys on the side bar of the court; but now may be had of the clerk of the rules, upon a praecipe.

These rules are, that the sheriff return his writ; that he bring in the body; for special imparlance; to be present at the taxing of costs, and the like. An obsolete word, formerly used for scion, which figuratively signified a person who descended from another.

Bills of exchange are frequently made payable at sight, that is, on presentment, which might be taken naturally to mean that the bill should then be paid without further delay; but although the point be not clearly settled, it seems the drawee is entitled to the days of grace. When the bill is payable any number of days after sight, the time begins to run from the period of presentment and acceptance, and not from the time of mere presentment.

A token of anything; a note or token given without words. Contracts are express or implied. The express are manifested viva voce, or by writing; the implied are shown by silence, by acts, or by signs. Among all nations find and at all times, certain signs have been considered as proof of assent or dissent; for example, the nodding of the head, and the shaking of hands; 2 Bl.

I ask you to lend me one hundred dollars, without saying a word you put your hand in your pocket, and deliver me the money. I go into a hotel and I ask the landlord if he can accommodate me and take care of my trunk; without speaking he takes it out of my hands and sends it into his chamber. By this act he doubtless becomes responsible to me as a bailee.

At the expiration of a lease, the tenant remains in possession, without any objection from the landlord; this may be fairly interpreted as a sign of a consent that the lease shall be renewed. The jurisprudence of the first Romans exhibited the scenes of a pantomime; the words were adapted to the gestures, and the slightest error or neglect in the forms of proceeding was sufficient to annul the substance of the fairest claim.

The communion of the marriage-life was denoted by the necessary elements of fire and water: The manumission of a son, or a slave, was performed by turning him round with a gentle blow on the cheek: The indenture of covenants was a broken straw; weights and, scales were introduced into every payment, and the heir who accepted a testament, was sometimes obliged to snap his fingers, to cast away his garments, and to leap and dance with real or affected transport.

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If a citizen pursued any stolen goods into a neighbor's house, he concealed his nakedness with a linen towel, and hid his. In a civil action, the plaintiff touched the ear of his witness seized his reluctant adversary by the neck and implored, in solemn lamentation, the aid of his fellow-citizens. The two competitors grasped each other's hand, as if they stood prepared for combat before the tribunal of the praetor: This occult science of the words and actions of law, was the inheritance of the pontiffs and patricians.

Like the Chaldean astrologers, they announced to their clients the days of business and repose; these important trifles wore interwoven with the religion of Numa; and, after the publication of the Twelve Tables, the Roman people were still enslaved by the ignorance of judicial proceedings. The treachery of some plebeian officers at length revealed the profitable mystery: In angular measures, a sign is equal to thirty degrees. A board, tin or other substance, on which is painted the name and business of a merchant or tradesman.

Every man has a right to adopt such a sign as he may please to select, but he has no right to use another's name, without his consent. To write one's name to an instrument of writing in order to give the effect intended; the name thus written is called a signature. The signature is usually made at the bottom of the instrument but in wills it has been held that when a testator commenced his will With these words;, "I, A B, make this my will," it was a sufficient signing. To sign a judgment, is to enter a judgment for want of something which was required to be done; as, for example, in the English practice, if he who is bound to give oyer does not give it within the time required, in such cases, the adverse party may sign judgment against him.

Pleader, P 1; Barnes, Those species of indicia q. Signa, although not to be rejected as instruments of evidence, cannot always be relied upon as conclusive evidence, for they are frequently explained away; in the instance mentioned the blood may have been that of a beast, and expressions of terror have been frequently manifested by innocent persons who did not possess much firmness.

See Best on Pres. The name of a sort of rescript, without seal, containing the supplication, the signature of the pope or his delegate, and the grant of a pardon Dict. By signature is understood the act of putting down a man's name, at the end of an instrument, to attest its validity. The name thus written is also called a signature. It is not necessary that a party should write his name himself, to constitute a signature; his mark is now beld sufficient though he was able to write.

The notice given of a decree, sentence or other judicial act. When this word is used alone, it means the bishop's certificate to the court of chancery, in order to obtain the writ of excommunication; but where the words writ of significavit are used, the meaning is the same as writ de excommunicato capiendo. The state of a person who does not speak, or of one who refrains from speaking.

Pure and simple silence cannot be considered as a consent to a contract, except in cases when the silent person is bound in good faith to explain himself, in which case, silence gives consent.

But no assent will be inferred from a man's silence, unless, 1st. He knows his rights and knows what he is doing and, 2d. His silence is voluntary. When any person is accused of a crime, or charged with any fact, and he does not deny it, in general, the presumption is very strong that the charge is correct. The rule does not extend to the silence of a prisoner, when on his exanination before a magistrate he is charged by another prisoner with having joined him in the commission of an offence: When an oath is administered to a witness, instead of expressly promising to keep it, he gives his assent by his silence, and kissing the book.

The person to be affected by the silence must be one not disqualified to act as non compos, an infant, or the like, for even the express promise of such a person would not bind him to the performance of any contract. The rule of the civil law is that silence is not an acknowledgment or denial in every case, qui tacet, non utique fatetur: By these words in England is understood every sort of wood, except gross wood of the age of twenty years. When the defendant's plea contains a direct contradiction of the declaration, and concludes with referring the matter to be tried by a jury of the country, the plaintiff must do so too; that is, he must also submit the matter to be tried by a jury, without offering any new answer to it, and must stand or fall by his declaration.

In such case, he merely replies that as the defendant has put himself upon the country, that is, has submitted his cause to be tried by a jury of the country, he, the plaintiff, does so likewise, or the like. Hence this sort of replication is called a similiter, that having been the effective word when the proceedings were in Latin.

The selling and buying of holy orders, or an ecclesiastical benefice. By simony is also understood an unlawful agreement to receive a temporal reward for something holy or spiritual. Code, 1, 3, 31 Ayl. One, the evidence of which is merely oral, or in writing, not under seal, nor of record. As contracts of this nature are frequently entered into without thought or proper deliberation, the law requires that there be some good cause, consideration or motive, before they can be enforced in the courts.

The party making the promise must have obtained some advantage, or the party to whom it is made must have sustained some injury or inconvenience in consequence of such promise; this rule has been established for the purpose of protecting weak and thoughtless persons from the consequences of rash, improvident, and inconsiderate engageinents.

But it must be recollected this rule does not apply to promissory notes, bills of exchange or commercial papers. The felonious taking and carrying away the personal goods of another, unattended by acts of violence; it is distinguished from compound larceny, which is the stealing from the person or with violence. An unconditional obligation, one which is to be performed without depending upon any event provided by the parties to it.

A simple trust corresponds with the ancient use, and is where property is simply vested in one person for the use of another, and the nature of the trust, not being qualified by the settler, is left to the construction of law. It differs from a special trust. Simple or single; as, charta simplex, is a deed-poll, of single deed. Simply, without ceremony; in a summary manner. These words are used in indictments and declarations of trespass against several persons, when some of them are known and others are unknown.

In cases of riots it is usual to charge that A B, together with others unknown, did the act complained of. Law, ; 2 Salk. When this occurred, it was, in the old phraseology, called pleading with a simul cum. This word is derived from the Latin simul, together. It indicates, agreeably to its etymology, the concert or agreement of two or more persons to give to one thing the appearance of another, for the purpose of fraud.

With us such act might be punished by indictment for a conspiracy; by avoiding the pretended contract; or by action to recover back the money or property which may have been thus fraudulently obtained.

A judgment for a defendant in many cases is quod eat sine die, that he may go without day. While the cause is pending and undeter-mined, it may be continued from term to term by dies datus. When the court or other body rise at the end of a session or term they adjourn sine die.

In the ecclesiastical law, this term is used to signify that an ecclesiastical officer is without a charge or cure. In common parlance it means the receipt of a salary for an office when there are no duties to be performed. A single bill is one without any condition, and does not depend upon any future event to give it validity. Single is also applied to an unmarried person; as, A B, single woman. A term used among merchants signifying that the entry is made to charge or to credit an individual or thing, without, at the same time, pre-senting any other part of the operation; it is used in contradistinction to double entry.

For example, a single entry is made, A B debtor, or A B creditor, without designating what are the connexions between the entry and the objects which composed the fortune of the merchant.

In grammar the singular is used to express only one. In law, the singular frequently includes the plural. A bequest to "my nearest relation," for example, will be considered as a bequest to all the relations in the same degree, who are nearest to the testator.

A bequest made to "my heir," by a person who had three heirs, will be construed in the plural. The same rule obtains in the civil law: In usu juris frequenter uti nos singulari appellationie, am plura significari vellemus. 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.

A title of honor given to kings or emperors in speaking or writing to them. A woman who has the same father and mother with another, or has one of them only. In the first case she is called sister, simply; in the second, half sister. Vide Brother; Children; Descent; Father; Mother.

Real estate has always a fixed situs, while personal estate has no such fixed situs; the law rei site regulates real but not the personal estate. A blank paper, properly stamped, in those countries where stamps are required, with the name of a person signed at the bottom. In such case the person signing the paper will be held as the drawer or acceptor, as it may be, of any bill which shall afterwards be written above his name to the sum of which the stamp is applicable.

The art of doing a thing as it ought to be done. Every person who purports to have skill in la business, and undertakes for hire to perform it, is bound to do it with ordinary skill, and is res-ponsible civilly in damages for the want of it; 11 M.

Vide Mala Praxis; 2 Russ. The degree of skill and diligence required, rises in proportion to the value of the article, and the delicacy of the operation: The defaming a man in his reputation by speaking or writing words which affect his life, office, or trade, or which tend to his loss of preferment in marriage or service, or in his inheritance, or which occasion any other particular damage.

Law of Nisi Prius, 3. In England, if slander be spoken of a peer, or other great man, it is called Scandalum Magnatum. Falsity and malice are ingredients of slander. Written or printed slanders are libels; see that word. Here it is proposed to treat of verbal slander only, which may be considered with reference to, 1st. The nature of the accusation. The falsity of the charge. The mode of publication. The occasion; and 5th.

The malice or motive of the slander. Actionable words are of two descriptions; first, those actionable in themselves, without proof of special damages and, secondly, those actionable only in respect of some actual consequential damages. Words of the first description must impute: The guilt of some offence for which the party, if guilty, might be indicted and punished by the criminal courts; as to call a person a "traitor," "thief," "highwayman;" or to say that he is guilty of "perjury," "forgery," "murder," and the like.

And although the imputation of guilt be general, without stating the particulars of the pretended crime, it is actionable. That the party has a disease or distemper which renders him unfit for society. An action can therefore be sustained for calling a man a leper. But charging another with having had a contagious disease is not actionable, as he will not, on that account, be excluded from society.

A charge which renders a man ridiculous, and impairs the enjoyment of general society, and injures those imperfect rights of friendly intercourse and mutual benevolence which man has with respect to man, is also actionable. Holt on Libels, Unfitness in an officer, who holds an office to which profit or emolument is attached, either in respect of morals or inability to discharge the duties of the office in such a case an action lies. The want of integrity or capacity, whether mental or pecuniary, in the conduct of a profession, trade or business, in which the party is engaged, is actionable, 1 Mal.

See Holt on Libels, ; Id. Of the second class are words which are actionable only in respect of special damages sustained by the party slandered. Though the law will not permit in these cases the inference of damage, yet when the damage has actually been sustained, the party aggrieved may support an action for the publication of an untruth; 1 Lev.

Action upon the case for Defamation, D 30; Bac. Slander, B; but it lies if maliciously spoken. See 1 Rolle, Ab. Slander, C; 8 T. The charge must be false; 5 Co. The instance of a master making an unfavorable representation of his servant, upon an application for his character, seems to be an exception, in that case there being a presumption from the occasion of the speaking, that the words were true.

The slander must, of course, be published, that is, communicated to a third person; and if verbal, then in a language which he understands, otherwise the plaintiff's reputation is not impaired. A letter addressed to the party, containing libelous matter, is not sufficient to maintain a civil action, though it may subject the libeler to an indictment, as tending to a breach of the peace; 2 Bl. As to the case of a man who repeats the slander invented by another, see Stark. To render words actionable, they must be uttered without legal occasion.

On some occasions it is justifiable to utter slander of another, in others it is excusable, provided it be uttered without express malice. Slander, D 4; Rolle, Ab. It is justifiable for au attorney to use scandalizing expressions in support of his client's cause and pertinent thereto.

Members of congress and other legislative assemblies cannot be called to account for anything said in debate. Malice is essential to the support of an action for slanderous words. But malice is in general to be presumed until the contrary be proved; 4 B. Action upon the case for Defamation; Bac. A calumniator, who maliciously and without reason imputes a crime or fault to another, of which he is innocent. For this offence, when the slander is merely verbal, the remedy is an action on the case for damages; when it is reduced to writing or printing, it is a libel.

A man who is by law deprived of his liberty for life, and becomes the property of another. A slave has no political rights, and generally has no civil rights. He can enter into no contract unless specially authorized by law; what he acquires generally, belongs to his master. The children of female slaves follow the condition of their mothers, and are themselves slaves.

In Maryland, Missouri and Virginia slaves are declared by statute to be personal estate, or treated as such. In Kentucky, the rule is different, and they are considered real estate. Laws, 1 Dana's R. In general a slave is considered a thing and not a person; but sometimes he is considered as a person; as when he commits a crime; for example, two white persons and a slave can commit a riot. A slave may acquire his freedom in various ways: By manumission, by deed or writing, which must be made according to the laws of the state where the master then acts.

The deed may be absolute which gives immediate freedom to the slave, or conditional giving him immediate freedom, and reserving a right of service for a time to come; 6 Rand. By manumission by will. When there is an express emancipation by will, the slave will be free, and the testator's real estate shall be charged with the payment of his debts, if there be not enough personal property without the sale of the slaves.

The manumission by will may be implied, as, where the master devises property real or personal to his slave. By the removal of the slave with the consent of the master, animo morandi, into one of the United States where slavery is forbidden by law; 2 Mart. Vide Stroud on Slavery; Bouv.

SLAVE TRADE, criminal law. The infamous traffic in human flesh, which though not prohibited by the law of nations, is now forbidden by the laws and treaties of most civilized states. By the constitution of the United States, art. S ; act ofc. The act ofc. Vide, generally, 10 Wheat. The state or condition of a slave. Slavery exists in most of the southern states. In Pennsylvania, by the act of March,for the gradual abolition of slavery, it has been almost entirely removed in Massachusetts it was held, soon after the Revolution, that slavery had been abolished by their constitution; 4 Mass.

Vide Stroud on Slavery; 2 Kent, Com. The fraudulent taking into a country, or out of it, merchandise which is lawfully prohibited. SO HELP YOU GOD. The formula at the end of a common oath, as administered to a witness wlio testifies in chief. A tenure of lands by certain inferior services in husbandry, and not knight's service, in lieu of all other services. The father of one's wife; a father-in-law. This is the name of a contract by which one man delivers to another, either for a small recompense, or for a part of the profits, certain animals, on condition that if any of them perish they shall be replaced by the bailer, or he shall pay their value.

This is a contract of hiring, with this condition, that the bailee takes upon him the risk of the loss of the thing hired. Among the Roman lawyers this term signified that kind of society or partnership by which the entire profits should belong to some of the partners in exclusion of the rest. It was so called in allusion to the fable of the lion and other animals, who having entered into partnership for the purpose of hunting, the lion appropriated all the prey to himself.

Traite de Societe, n. See 2 McCord's R. This term is borrowed from the laws of France, and is used in Louisiana; the societe en commendite, or partnership in commendam, is formed by a contract, by which one person or partnership agrees to furnish another person or partnership a certain amount, either in property or money, to be employed by the person or partnership to whom it is furnished, in his or their own name or firm, on condition of receiving a share in the profits, in the proportion determined by the contract, and of being liable to losses and expenses to the amount furnished and no more.

A society is a number of persons united together by mutual consent, in order to deliberate, determine, and act jointly for some common purpose. Societies are either incorporated and known to the law, or unincorporated, of which the law does not generally take notice.

By civil society is usually understood a state, q. In the civil law, by society is meant a partnership. One who his been guilty of sodomy. Formerly such offender was punished with great severity, and was deprived of the power of making a will.

The crime against nature, committed either with man or beast. It is a crime not it to be named; peccatum illud horrible, inter christianos non nominandum.