Blacks Law Dict. 1st ed

1070

SECONDARY CONVEYANCES

SEATED LAND

structed, prepared, manned, equipped, and provided, for the voyage intended. See SEA WORTHINESS. SEBASTOMANIA. In medical juris prudence. Religious insanity; demonoma nia. SECK. A want of remedy by distress. Litt. § 218. See RENT. Want of present fruit or profit, as in the case of the reversion without rent or other service, except fealty. Co. Litt. 1516, n. 5. SECOND COUSINS. Persons who are related to each other by descending from the same great-grandfather or great-grand mother. L. R. 19 Ch. Div. 204. SECOND DELIVERANCE. In prac tice. A writ allowed a plaintiff in replevin, where the defendant has obtained judgment for return of the goods, by default or nonsuit, in order to have the same distress again de livered to him, on giving the same security as before. 3 Bl. Comm. 150; 3 Steph. Comm. 668. SECOND DISTRESS. A supplement ary distress for rent in arrear, allowed by law in some cases, where the goods seized under the first distress are not of sufficient value to satisfy the claim. SECOND-HAND EVIDENCE. Evi dence which has passed through one or more media before reaching the witness; hearsay evidence. SECOND SURCHARGE. In English law. The surcharge of a common a second time, by the same defendant against whom the common was before admeasured, and for which the writ of second surcharge was given by the statute of Westminster, 2. 3 Bl. Comm. 239. SECONDARY. In English practice. An officer of the couits of king's bench and com mon pleas; so called because he was second or next to the chief officer. In the king's bench he was called "Master of the King's Bench Office," and was a deputy of the pro thonotary or chief clerk. 1 Archb. Pr. K. B. 11, 12. By St. 7 Wm. IV. and 1 Viet. c. 30, the office of secondary was abolished. An officer who is next to the chief officer. Also an officer of the corporation of London, before whom inquiries to assess damages are held, as before sheriffs in counties. Whar ton. SECONDARY CONVEYANCES. The name given to that class of conveyances

SEATED LAND. Land that Is occu pied, cultivated, improved, reclaimed, farmed, or used as a place of residence. Residence without cultivation, or cultivation without residence, or both together, impart to land the character of being seated. The term is used, as opposed to " unseated land," in Penn sylvania tax laws. See 6 Watts, 269. SEAWAN. The name used by the Al gonquin Indians for the shell beads (or wam pum) which passed among the Indians as money. Webster. SEAWORTHINESS. In marine insur ance. A warranty of seaworthiness means that the vessel is competent to resist the ordinary attacks of wind and weather, and is competently equipped and manned for the voyage, with a sufficient crew, and with su flcient means to sustain them, and with a captain of general good character and nautical skill. 3 Kent, Comm. 287. A warranty of seaworthiness extends not only to the condition of the structure of the ship itself, but requires that it be properly laden, and provided with a competent master, a sufficient number of competent officers and seamen, and the requisite appurtenances and equipments, such as ballast, cables and an chors, cordage and sails, food, water, fuel, and lights, and other necessary or proper stores and implements for the voyage. Civil Code Cal. § 2684. The term "seaworthy" is somewhat equivocal. In its more literal sense, it signifies capable of navigating the sea; but, more exactly, it implies a condition to be and remain in safety, in the con dition she is in, whether at sea, in port, or on a railway, stripped and under repairs. If, when the policy attaches, she is in a suitable place, and ca pable, when repaired and equipped, of navigating the sea, she is seaworthy. But where a vessel is warranted seaworthy for a specified voyage, the place and usual length being given, something more is implied than mere physical strength and capacity; she must be suitably officered and manned, supplied with provisions and water, and furnished with charts and instruments, and, espe cially in time of war, with documents necessary to her security against hostile capture. 12 Cush. 517, 521. The term " seaworthy," as used in the law and practice of insurance, does not mean, as the term would seem to imply, capable of going to sea or of being navigated on the sea; it imports something very different, and much more, viz , that she is sound, staunch, and strong, in all respects, and equipped, furnished, and provided with officers and men, provisions and documents, for a certain service. In a policy for a definite voyage, the term "seaworthy" means "sufficient for such a vessel and voyage. " 12 Cush 517, 536. SEAWORTHY. This adjective, applied to a vessel, signifies that she is properly con

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