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STOLEN GOODS, to help people to stolen goods for reward without apprehending the felon, is felony. 4 G. I. c. 11.

Persons having or receiving, lead, iron, copper, brass, bell-metal, or solder, knowing the same to be stolen, shall be transported. 29 G II. c. 30.

STORES. If any person who has the charge or custody, of any of the king's armour, ordnance, ammunition, shot, powder, or habiliments of war, or of any victuals for victualling the navy, shall to hinder his majesty's service, embezzle, purloin, or convey away the same to the value of 20s. or shall steal or embezzle any of his majesty's sails, cordage, or any other of his naval stores, to the value of 20s. he shall be adjudged guilty of felony without benefit of clergy. 22 Car. II. c. 5.

The treasurer, comptroller, surveyor, clerk of the acts, or any commissioner of the navy may act as justices in causing the of fender to be apprehended, committed, and prosecuted for the same. 9 G. III. c. 30.

If any person shall wilfully and maliciously set on fire, burn, or destroy, any of his majesty's military, naval, or victualling stores, or other ammunition of war, or any place, where any such stores or ammunition shall be kept; he and his abettors, shall be guilty of felony without benefit of clergy. 12 G. III. c. 24.

STRANDED, ships stranded. See Insurance Marine.
STRANGER, a person born out of the land. See Alien.
STYLE, to call, name, or entitle one.

SUBJECTS, the members of the commonwealth and the king their head.

SUBMARSHAL, an officer in the marshalsea, who is deputy to the chief marshal of the king's house, commonly called the knight marshal, and hath the custody of the prisoners there.

SUBORNATION, a secret or underhand preparing, instructing, or bringing in a false witness, or corrupting or alluring to do such a false act. See Perjury.

SUBPŒNA, is a writ whereby all persons under the degree of peerage, are called into chancery, in such case only where the common law fails, and hath made no provision; so as the party who in equity hath wrong, can have no other remedy by the rules and course of common law. But the peers of the realm in such cases, are called by the lord chancellor's, or lord keeper's letters,

giving notice of the suit intended against them, and requiring them to appear. There is also a subpœna ad 'testificundum for the summoning of witnesses as well in chancery as other courts.

There is also a subpana in the exchequer, as well in the court of equity there, as in the office of pleas.

SUBSIDY, an aid, tax, or tribute, granted by parliament to the king, for the urgent occasions of the kingdom, to be levied on every subject of ability, according to the value of his lands or goods.

SUBSTANCE, the substance of things is most to be regarded; and therefore our law prefers matter of substance, before matters❜ of circumstance.

SUCCESSOR, he who follows or comes in another's place.

An aggregate corporation may have a fee-simple estate in succession, without the word successors; and take goods and chattels in action or possession, and they shall go to the successors. Wood's Inst. 111.

SUFFERANCE. Tenant at sufferance, is he who holdeth over his term at first lawfully granted. A person is tenant at sufferance who continues after his estate is ended, and wrongfully holds against another, &c. 1 Co. Inst. 57.

Tenants holding over, after determination of their term, and after demand made in writing to deliver possession, are rendered liable to pay double the yearly value. And tenants giving notice of their intention to quit, and not accordingly delivering up the pos-session at the time in such notice contained, are rendered liable to pay double rent. And it hath been held, that under this act, the notice need not be in writing, and that the landlord may levy his double rent by distress. Bur. 1603.

SUFFRAGAN, a titular bishop, appointed to aid and assist the bishop of the diocese.

SUGGESTION, a surmise or representation of a thing.

Though matters of record ought not to be stayed upon the bare suggestion of the party, there ought to be an affidavit made of the matter suggested, to induce the court to grant a rule for staying the proceedings upon the record: 2 Lit: Abr. 536:

#SUICIDE, or SELF-MURDER. See Felo de se.

SUIT, is used in divers senses; first in a suit of law, 'and is divided into real and personal, and is the same with action real, and


personal; secondly, suit of court, or suit service, is an attendance that tenants owe to the court of their lord. Thirdly, suit covenant, is where the ancestor hath covenanted with another, to sue to his court. Fourthly, suit custom, when a man and his ancestors have beein seized time out of mind, of his suit. Fifthly, suit real, or regal, when men come to the sheriff's torn or leet. Sixthly, suit signifies the following one in chase, as fresh suit. Lastly, it signifies as a petition made to the king or any great person. Cowel. SUIT OF COURT, that is, suit to the lord's court, is that service which the feudatory tenant was bound to do at the lord's


SUIT OF THE KING'S PEACE, is the pursuing a man for the breach of the king's peace, by treasons, insurrections or trespasses.

SUMMONER, a petty officer who calls or cites a man to any


SUMMONS, in general, is a writ to the sheriff to warn one to appear at a day.

There is a summons in writs of formidon, &c. and on` every sunimons upon the land in a real action, fourteen days before the return, proclamation is to be made thereof on a Sunday, at or near the door of the church or chapel of the place where the land lies, which must be returned with the names of the summoners, and if such proclamation shall not be had, then no grand cape shall issue, but an alias and pluries summons, until a summons and proclamation be duly made and returned. 2 Lil, Abr. 538.

SUMMONS AND SEVERANCE. The summons is only a process, which must in certain cases, issue before judgment of severance can be given.

Severance is a judgment, by which, where two or more are joined in an action, one or more of these are enabled to proceed in such action without the other or others. See Joint Tenant and Severance.

SUNDAY. No arrest can be made or process served upon a Sunday, except for treason, felony, or breach of the peace, nor can any proceedings be had, nor judgment given, nor supposed to be given on Sunday.

SUPER INSTITUTION, one institution upon another; as where A. is admitted and instituted to a benefice upon one title,

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and B. is admitted, instituted, &c. by the presentment of another.

SUPER JURARE, when a criminal endeavoured to excuse himself by his own oath, or by the oath of one or two witnesses, and the crime was so notorious, that he was convicted by the oaths of many more witnesses, this was called super jurare.

SUPER PRÆROGATIVA REGIS, a writ which anciently lay against the king's widow, for marrying without his licence.

SUPERSEDEAS, a writ that lies in a great many cases, and signifies in general, a command to stay proceedings, on good cause shewn, which ought otherwise to proceed.

By a supersedeas, the doing of a thing, which might otherwise have been lawfully done, is prevented; or a thing that has been done, is (notwithstanding it was done in a due course of law). thereby made void. 4 Bac. Abr. 667.

A supersedeus is either expressed or implied; an express supersedeas, is sometimes by writ, sometimes without a writ; where it is by writ, some person to whom the writ is directed, is thereby commanded to forbear the doing something therein mentioned, or if the thing has been already done, to revoke, as that can be. done, the act. 4 Bac. Abr. 668.

SUPER STATUTO DE ARTICULIS CLERI, a writ lying against the sheriff or other officer, who distrains in the king's highway, or in the glebe land anciently given to rectories.


SUPPLICAVIT, a writ issuing out of the chancery, for taking the surety of the peace against a man: it is directed to the justices of the peace of the county, and the sheriffs.

SUPREMACY. See King and Papists.

SURCHARGE OF THE FOREST, is when a commoner puts on more beasts in the forest, than he has a right to do.

SURETY OF THE PEACE. A justice of the peace may, according to his discretion, bind all those to keep the peace, who in his presence shall make any affray, or shall threaten to kill or beat any person, or shall contend together in hot words, and all those who shall go about with unlawful weapons, or attendance to the terror of the people; and all such persons as shall be known by him to be common barrators; and all who shall be brought be fore him by a constable, for a breach of the peace in the presence


of such constable; and all such persons, who having been before bound to keep the peace, shall be convicted of having forfeited their recognizance. Lamb. 77.

When surety of the peace is granted by the court of king's bench, if a supersedeas come from the court of chancery to the justices of that court, their power is at an end; and the party as to them discharged.

If security of the peace be desired against a peer, the safest way is to apply to the court of chancery, or king's bench. 1 Haw.


If the person against whom security of the peace be demanded, be present, the justice of the peace may commit him immediately, unless he offer sureties; and a fortiori he may be commanded to find sureties, and be committed for not doing it. Id.

SURETY OF THE GOOD BEHAVIOUR, includes the peace; and he that is bound to the good behaviour, is therein also bound to the peace and yet a man may be compelled to find sureties Both for the good behaviour and peace. Dalt, c. 122. See Good Behaviour.

SUR LUI JUR, upon his oath.

SURMISÉ, something offered to a court to move it, to grant a prohibition, audita querela, or other writ grantable thereon.

SURPLUSAGE, a superfluity or addition more than needful, which sometimes is the cause that a writ abates; but in pleading, many times it is absolutely void, and the residue of the plea shall stand good. Plowd. 63.

SURREBUTTER, a second rebutter.

SUR-REJOINDER, as a rejoinder is the defendant's answer to the replification of the plaintiff; so a sur-rejoinder is the plaintiff's answer to the defendant's rejoinder. Wood's Inst. 586.

SURRENDER, a deed or instrument, testifying that the particular tenant of lands or tenements for life, or years, doth suffici ently consent and agree, that he which has the next or immediate remainder or reversion thereof, shall also have the present estate of the same in possession; and that he yields and gives up the same unto him; for every surrenderer ought forthwith to give possession of the things surrendered. West. Sym.

SURROGATE, one who is substituted or appointed in the room of another; as the bishop or chancellor's surrogate.

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