Blacks Law Dict. 1st ed

8ENSUS VEBBORUM, ETC.

1079

SEPARATE ESTATE

Sensus verborum est duplex,—mitis et asper; et verba semper accipienda aunt in mitiori sensu. 4 Coke, 13. The meaning of words is two-fold,—mild and harsh; and words are always to be received in their milder sense. Sensus verborum ex causa dicendi aceipiendus est; et sermones semper accipiendi sunt secundum subjectam materiam. The sense of words is to be taken from the occasion of speaking them; and discourses are always to be interpreted ac cording to the subject-matter. 4 Coke, 13b. See 2 Kent, Comm. 555. SENTENCE. The judgment formally pronounced by the court or judge upon the defendant after his conviction in a criminal prosecution, awarding the punishment to be inflicted. The word is properly confined to this meaning. In civil cases, the terms "judgment," "decision," "award," "find ing, " etc., are used. Ecclesiastical. In ecclesiastical proced ure, "sentence" is analogous to "judg ment" (g. t?.)in an ordinary action. A defi nite sentence is one which puts an end to the suit, and regards the principal matter in ques tion. An interlocutory sentence determines only some incidental matter in the proceed ings. Phillim. Ecc. Law, 1260. SENTENCE OF DEATH RECORD ED. In English practice. The recording of a sentence of death, not actually pro nounced, on the understanding that it will not be executed. Such a record has the same effect as if the judgment had been pronounced and the offender reprieved by the court. Mozley & Whitley. The practice is now dis used. SENTENTIA. Lat. In the civil law. {1) Sense;import; as distinguished from mere words. (2) The deliberate expression of one's will or intention. (3) The sentence of a judge or court. Sententia a non judice lata nemini debet nocere. A sentence pronounced by one who is not a judge should not harm any one. Fleta, 1. 6, c. 6, § 7. Sententia contra matrimonium nun quam transit in rem judicatam. 7 Coke, 43. A sentence against marriage never be comes a matter finally adjudged, i. e., res judicata. Sententia faoit jus, et legis interpre tatio legis vim obtinet. Ellesm. Post. N.

55. Judgment creates right, and the inter pretation of the law has the force of law. Sententia facit jus, et res judicata pro veritate accipitur. Ellesm. Post. N. 55. Judgment creates right, and what is adjudi cated is taken for truth. Sententia interlocutoria revocari po test, definitiva non potest. Bac. Max. 20. An interlocutory judgment may be recalled, but not a final. Sententia non fertur de rebus non liquidis. Sentence is not given upon mat ters that are not clear. Jenk. Cent. p. 7, case 9. SEPARALITER. Separately. Used in indictments to indicate that two or more de fendants were charged separately, and not jointly, with the commission of the offense in question. SEPARATE ACKNOWLEDGMENT. An acknowledgment of a deed or other in strument, made by a married woman, on her examination by the officer separate and apart from her husband. SEPARATE ACTION. As opposed to a joint action, this term signifies an action brought for himself alone by each of several complainants who are all concerned in the same transaction, but cannot legally join in the suit. SEPARATE COVENANT. A several covenant; one which binds the several cove nantors each for himself, but not jointly. SEPARATE DEMISE IN EJECT MENT. A demise in a declaration in eject ment used to be termed a "separate demise" when made by the lessor separately or indi vidually, as distinguished from a demise made jointly by two or more persons, which was termed a "joint demise." No such demise, either separate or joint, is now necessary in this action. Brown. SEPARATE ESTATE. The individual property of one of two persons who stand in a social or business relation, as distinguished from that which they own jointly or are jointly interested in. Thus, "separate estate," within the mean ing of the bankrupt law, is that in which each partner is separately interested at the time of the bankruptcy. The term can only be applied to such property as belonged to one or more of the partners, to the exclusion ofthe rest. 11 N. B. R. 221.

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