A word used by the authorities of the Roman Church, to specify contemptuously the technlcal parts of the law, as admlnistered by non-clerlcal lawyers, wharton
Category: S
SHERIFF
In Amerioan law. The
SHEREFFE
The body of the lordship of Caerdiff in South wales, excluding the members of it Powel, Hist, wales, 123
SHEEP-WALK
A right Of sheep-walk is the eame thing as a fold-course, (q. v.) Elton, Commons, 44
SHEEP-SKIN
A deed; so called from the parchment ft was written on
SHEEP-HEAVES
Small plots of past-ure, in England, often in the middle of the waste of a manor, of which the soil may or may not be ln the lord, but the pasture ls private property, and leased or sold as such. They principally occur in the northern counties, (Cooke, Inch Acts, 44,) and seem to be […]
SHEEP
A wether more than a year old. Rex v. Birket, 4 Car. & P. 216
SHAWATORES
Soldiers. CowelL
SHEADING
A riding, tithing, or divi-sion in the Isle of Man, where the whole island is divided into six sheadings, in each of which there is a coroner or chief consta-ble appointed hy a delivery of a rod at tbe Tinewald court or annual convention. King. Isle of Man, 7
SHAW
In old English lnw. A wood. Co. Lltt 4b
SHASTER
In Hindu law. The instrument of government or instruction; any book of instructions, particularly containing Dl-vine ordinances, wharton
SHARPING CORN
A customary gift of corn, which, at every Christmas, the far* mers ln some parts of England give to thelr smith for sharpening their plow-irons, har-row-tlnes, etc. Biount
SHARE
? portion of anythin,,, when a whole is divided into shares, they are not necessarily equal
SHAM PLEA
See Pm
SEXUAL INSTINCT, INVERSION AND PERVERSION OF
See Insanity; Pederasty; Sodomy
SHACK
In English law. The stray-ing and escaping of cattle out of the lands of thelr owners into other uninclosed laud; an intercommoning of cattle. 2 H. B1. 416
SEXTUS DECRETALIUM
Lat. The sixth (book) of the decretals; the sext, or sixth decretal. So called because append-ed, in the body of the canon law, to the five books of the decretals of Gregory IX.; it consists of a collection of supplementary de-cretals, and was published A. D. 1298. Butl. Hor. Jur. 172; 1 BL Comm. 82
SEXTERY LANDS
Lands given to a church or religious house for maintenance of a sexton or sacristan, Cowell
SEXTARY
In old records. An ancient measure of liquids, and of dry commodities ; a quarter or seam. Spelman
SEXTANS
Lat. In Roman law. A sub-division of the as, containing two uneiae
SEXHINDENI
In Saxon law. The mid-die thanes, valued at 600s
SEXAGESIMA SUNDAY
In ecelesi-astioal law. The second Sunday before Lent, being about the sixtieth day before Easter
SEWER
A fresh-water trench or little, river, encompassed with banks on both sides, to drain off surplus water lnto the sea. Cow-ell. Properly, a trench artificially mnde for the purpose of carrying water into the sea, (or a river or pond.) Crabb, Real Prop, | 113
SEVERANCE
In pleading;. Separa-tion; division. The separation by defend-ants in their pleas; the adoption, by several defendants, of separate pleas, instead of joining in the same plea. Steph. Pl. 257
SEAWARD
or SEAWARD. Dne who
SEVERALTY
A state of separation. An estate in severalty is one that is held, by a person in hls own right only, without any other person being joined or connected with him, in point of interest, during his estate therein. 2 BI. Comm. 179
SEVERARLE
Admitting of severance or separation, capable of being divided; ca-pable of being severed from other things to which it was joined, and yet maintaining a complete and independent existence
SETTLOR
The grantor or donor in a deed of settlement
SEVER
To separate, when two joint defendants separate in the action, each piead-ing separately his own plea and relying up-on a separate defense, they are said to sever
SETTLER
A person who, for the purpose of acquiring a pre-emption right, has gone upon the land in question, and is actu-ally resident there. See Hume v. Gracy, 86 Tex. 671, 27 S. W. 684; Davis v. Young, 2 Dana (Ky.) 299; McIntyre v. Sherwood, 82 CaL 139, 22 Pac. 037
SETTLE
To adjust, ascertain, or liqui-date; to pay. Partles are sald to settle an account when they go over lts ltems and as-certaln and agree upon the balance due from one to the other. And, wheu the party ln-debted pays such balance, he ia also said to settle It. Auzerals v. Naglee, 74 Cal. 60, 15 […]
SETTLEMENT
NT. In conveyancing. A
SETTER
In Scotch law. The granter of a tack or lease. 1 Forb. Inst pt. 2, p. 153
SET UP
To bring forward or allege, as somethlng relied upon or deemed sufficient; to propose or interpose, by way of defense, explanation, or justification; as, to set up the statute of limitations, i. e., offer and rely upon lt as a defense to a clalm
SET-OFF
A counter-claim or cross-de-mand; a claim or demand which the defend-ant in an action sets off against the claim of the plaintiff, as being his due, whereby he may extinguish the plaintifTs demand, elther in whole or in part, according to the amount of the set-off. See In re Globe Ins. Co., 2 Edw. Ch. […]
SET OUT
In pleadlng. To recite or narrate facts or drcumstauces; to allege or aver; to describe or to lncorporate; as, to set out a deed or contract First Nat. Bank v. Engelbercht, 58 Neb. 639, 79 N. W. 556; U. S. v. watkins, 28 Fed. Cas. 436
SET DOWN
To set down a cause for trlal or hearlng at a given term ls to enter ita tltle ln the calendar, list, or docket of causes whlch are to be brought on at that term
SESSION
The sitting of a court, legis-lature, council, commission, etc., for the transaction of its proper business. Hence, the period of time, within any one day, during which such body ls assembled in form, and engaged ln the transaction of business, or, in a more extended sense, the whole space-of time from its first assembling to […]
SET ASIDE
To set aside a judgment, decree, award, or any proceedings ls to can-cel, annul, or revoke them at the instance of a party unjustly or irregularly affected by them. State v. Primm, 61 Mo. 171; Brandt v. Brandt, 40 or. 477, 67 Pac. 508
SESSIO
Lat In old English law. A sitting; a session. Sessio parliomenti, the slttlng of parliament Cowell
SESS
In English law. A tax, rate, or assessment
SERVUS
Lat In the civil and old English law. A slave; a bondman. Inst. 1, 8, pr.; Bract fol. 4b
SERVITUS
Lat In the civil law
SERVITUDE
1. The condition of be-lng bound to service; the state of a person who Is subjected, voluntarily or otherwise, to another person as his servant
SERVITOR
A serving-man; particularly applied to students at oxford, upon the foundation, who are simiiar to sizars at Cam-bridge. wharton
SERVITIUM
Lat In feudal and old English law. The duty of obedience and per-formance which a tenant was bound to ren-der to hls lord, by reason of his fee. Spel-man
SERVIENT
Serving; subject to a service or servitude. A servient estate is one which is burdened with a servitude
SERVITIIS ACQUIETANDIS
A Judl
SERVIENS DOMINI REGIS
IS. In old
SERVIENS AD LEGEM
In old Eng-lish practice. Serjeant at law