Blacks Law Dict. 1st ed

SEWER

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SEVER

the issues In a cause. " Where, in any action, it appears to the judge that the statement of claim or defense or reply does not sufficiently disclose the issues of fact between the parties, he may direct the parties to prepare issues; and such issues shall, if the parties differ, be settled by the judge." Judicature Act 1875, schedule, art. 19. SEVER. To separate. When two joint defendants separate in the action, each plead ing separately his own plea and relying up on a separate defense, they are said to sever. SEVEBABLE. 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. SEVERAL. Separate; individual; inde pendent. In this sense the word is distin guished from "joint." Also exclusive; indi vidual; appropriated. In this sense it is op posed to "common." SEVERAL ACTIONS. Where a sepa rate and distinct action is brought against each of two or more persons who are all lia ble to the plaintiff in respect to the same sub ject-matter, the actions are said to be "sever al." If all the persons are joined as defend ants in one and the same action, it is called a "joint" action. SEVERAL COUNTS. Where a plain tiff has several distinct causes of action, he is allowed to pursue them cumulatively in the same action, subject to certain rules which the law prescribes. Wharton. SEVERAL COVENANT. A covenant by two or more, separately; a covenant made so as to bind the parties to it severally, or in dividually. SEVERAL DEMISES. In English prac tice. In the action of ejectment, it was for merly customary, in case there were any doubt as to the legal estate being in the plaintiff, to insert in the declaration several demises from as many different persons; but this was ren dered unnecessary by the provisions of the common-law procedure acts. SEVERAL FISHERY. A fishery of which the owner is also the owner of the soil, or derives his right from the owner of the soil. 2 Bl. Comm. 39, 40; 1 Steph. Comm. 871, note. SEVERAL INHERITANCE. An in heritance conveyed so as to descend to two yersons severally, by moieties, etc.

SEVERAL ISSUES. This occurs where there is more than one issue involved in a case. 3 Steph. Comm. 560. SEVERAL TAIL. An entail severally to two; as if land is given to two men and their wives, and to the heirs of their bodies begotten; here the donees have a joint es tate for their two lives, and yet they have a several inheritance, because the issue of the one shall have his moiety, and the issue of the other the other moiety. Cowell. SEVERAL TENANCY. A tenancy which is separate, and not held jointly with another peison. SEVERALTY. A state of separation. An estate in severalty is one that is held by a person in his own right only, without any other person being joined or connected with him, in point of interest, during his estate therein. 2 Bl. Comm. 179. The term "severalty" is especially applied, in England, to the case of adjoining mead ows undivided from each other, but belong ing, either permanently or in what are called "shifting severalties," to separate owners, and held in severalty until the crops have been carried, when the whole is thrown open as pasture for the cattle of all the owneis, and in some cases for the cattle of other persons as well; each owner is called a "sev eralty owner," and his rights of pasture are called "severalty rights," as opposed to the rights of persons not owners. Cooke, Incl. Acts, 47, 163w. SEVERANCE. In pleading. Separa tion; division. The separation by defend ants in their pleas; the adoption, by several defendants, of separate pleas, instead of join ing in the same plea. Steph. PI. 257. In estates. The destruction of any one of the unities of a joint tenancy. It is so called because the estate is no longer a joint tenan cy, but is severed. The word "severance" is also used to sig nify the cutting of the crops, such as corn, grass, etc., or the separating of anything from the realty. Brown. SEWARD, or SEAWARD. One who guards the sea-coast; custos marts. SEWER. A fresh-water trench or little river, encompassed with banks on both sides, to drain off surplus water into the sea. Cow ell. Properly, a trench artificially made foi the purpose of carrying water into the sea, (or a river or pond.) Crabb, Real Prop § 113.

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