Blacks Law Dict. 1st ed

1073

SECUS

SECULAR CLERGY

S E C U R E D CREDITOR. A creditor who holds some special pecuniary assurance of payment of his debt, such as a mortgage or lien. SECURITAS. In old English law. Security; surety. In the civil law. An acquittance or re lease. Spelman; Calvin. SECURITATEM INVENIENDI. An ancient writ, lying for the sovereign, against any of his subjects, to stay them from going out of the kingdom to foreign parts; the ground whereof is that every man is bound to serve and defend the commonwealth as the crown shall think fit. Fitzh. Nat. Brev. 115. SECURITATIS PACIS. In old En glish law. Security of the peace A writ that lay for one who was threatened with death or bodily harm by another, against him who so threatened. Reg. Orig. 88. SECURITY. Protection; assurance; in demnification. The term is usually applied to an obligation, pledge, mortgage, deposit, lien, etc., given by a debtor in order to make sure the payment or performance of his debt, by furnishing the creditor with a resource to be used in case of failure in the principal ob ligation. The name is also sometimes given to one who becomes surety or guarantor for another. SECURITY FOR COSTS. In practice. A security which a defendant in an action may require of a plaintiff who does not re side within the jurisdiction of the court, for the payment of such costs as may be awarded to the defendant. 1 Tidd, Pr. 534. SECURITY FOR GOOD BE HAVIOR. A bond or recognizance which the magistrate exacts from a defendant brought before him on a charge of disorderly conduct or threatening violence, conditioned upon his being of good behavior, or keeping the peace, for a prescribed period, towards all people in general and the complainant in par ticular. Securius expediuntur negotia com missa pluribus, et plus vident oculi quam oculus. 4 Coke, 46a. Matters in trusted to several are more securely dis patched, and eyes see more than eye, [i. e., "two heads are better than one."] SECUS. Lat. Otherwise; to the con trary. This word is used in the books to in dicate the converse of a foregoing proposi

SECULAR CLERGY. Parochial clergy who performed their ministry in seouU, and were contradistinguished from the regular clergy. Steph. Comm. 681, note. SECUNDUM. Lat. In the civil and common law. According to. 8ecundum bonos mores, according to good usages; ac cording to established custom; regularly; orderly. Calvin. SECUNDUM .EQUUM ET BONUM. According to what is just and right. SECUNDUM ALLEGATA ET PRO BATA. According to what is alleged and proved; according to the allegations and proofs. 15 East, 81; 1 Sum. 375. SECUNDUM ARTEM. According to the art, trade, business, or science. SECUNDUM CONSUETUDINEM MANERII. According to the custom of the manor. SECUNDUM FORMAM CHARTS. According f .o the form of the charter, (deed.) SECUNDUM FORMAM DONI. Ac cording to the form of the gift or grant. See FOBMEDON. SECUNDUM FORMAM STATUTI. According to the form of the statute. SECUNDUM LEGEM COMMUNEM. According to the common law. Soeundum naturam est commoda cu jusque rei oum sequi, quern sequuntur incommoda. It is according to nature that the advantages of anything should attach to him to whom the disadvantages' attach. Dig. 50,17, 10. SECUNDUM NORMAM LEGIS. Ac cording to the rule of law; by the intendment and rule of law. SECUNDUM REGULAM. According to the rule; by rule. SECUNDUM SUBJECTAM MATE RIAM. According to the subject-matter. 1 Bl. Comm. 229. All agreements must be construed secundum subjectam materiam tf the matter will bear it. 2 Mod. 80, arg. SECURE. To give security; to assure of payment, performance, or indemnity; to guar anty or make certain the payment of a debt oi discharge of an obligation. One "secures" his creditor by giving him a lien, mortgage, pledge, or other security, to be used in case the debtor fails to make payment AM. DICT. LAW—68

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