Blacks Law Dict. 1st ed

SENATUS CONSULTUM

1077

SEMITA

east overboard in a storm; also where a ship has been so much damaged that her repair costs more than her worth. Wharton. SEMITA. In old English law. A path. Fleta, 1. 2, c 52, §20. SEMPER. Lat. Always. A word which introduces several Latin maxims, of which some are also used without this prefix. Semper in dubiis benigniora prsefe renda sunt. In doubtful cases, the more favorable constructions are always to be pre ferred. Dig. 50, 17, 56. Semper in dubiis id agendum est, ut quam tutissimo loco res sit bona fide contracta, nisi quum aperte contra leges scriptum est. In doubtful cases, such a course should always be taken that a thing contracted bona fide should be in the safest condition, unless when it has been openly made against law. Dig. 84, 5, 21. Semper in obscuris, quod minimum est sequimur. In obscure constructions we always apply that which is the least ob scure. Dig. 50, 17, 9; Broom, Max. 687w. Semper in stipulationibus, et in ce teris contractibus, id sequimur quod actum est. In stipulations and in other contracts we follow that which was done, [we are governed by the actual state of the facts.] Dig. 50, 17, 34. Semper ita flat relatio ut valeat dis positio. Reference [of a disposition in a will] should always be so made that the dis position may have effect. 6 Coke, 766. Semper necessitas probandi incumbit ei qui agit. The claimant is always bound to prove, [the burden of proof lies on the actor.] SEMPER PARATUS. The nameof a plea by which the defendant alleges that he has always been ready to perform what is demanded of him. 3 Bl. Comm. 303. Semper prsesumitur pro legitimatione puerorum. The pie&umption always is in favor of the legitimacy of children. 5 Coke, 986/ Co. Litt. 126a. Semper prsesumitur pro matrimonio. The presumption is always in favor of the validity of a marriage. Semper prsesumitur pro negante. The presumption is always in favor of the one who denies. See 10 Clark & F. 534; 3 El. & Bl. 723.

Semper prsesumitur pro sententia. The presumption always is in favor of a sen tence. 3 Bulst. 42; Branch, Princ. Semper qui non prohibet pro se in tervenire, mandare creditur. He who does not prohibit the intervention of another in his behalf is supposed to authorize it. 2 Kent, Comm. 616; Dig. 14, 6, 16; Id. 46, 3, 12,4. Semper sexus masculinus etiam femi ninum sexum continet. The masculine sex always includes the feminine. Dig. 32, 62. Semper specialia generalibus insunt. Specials are always included in generals. Dig. 50, 17, 147. SEN. This is said to be an ancient word, which signified "justice." Co. Litt. 61a. SENAGE. Money paid for synodals. SENATE. In American law. The name of the upper chamber, or less numer ous branch, of the congress of the United States. Also the style of a similar body in the legislatures of several of the states. In Roman law. The great administra tive council of the Eoman commonwealth. SENATOR. In Roman law. A mem ber of the senatus. In old English, law. A member of the royal council; a king's councillor. In American law. One who is a mem ber of a senate, either of the United States or of a state. Senatores sunt partes corporis regis. Senators are part of the body of the king. Staundef. 72, E.; 4 Inst. 53, in marg. SENATORS OF THE COLLEGE OP JUSTICE. The judges of the court of ses sion in Scotland are called "Senators of the College of Justice." SENATUS. Lat. In Roman law. The senate; the great national council of the Roman people. The place where the senate met. Calvin. SENATUS CONSULTUM. In Roman law. A decision or decree of the Roman sen ate, having the force of law, made without the concurrence of the people. These enact ments began to take the place of laws enacted by popular vote, when the commons had grown so great in number that they could no longer be assembled for legislative purposes.

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