Blacks Law Dict. 1st ed

SHARE-WARRANT

1089

SEWER

and the right of each owner of a part to feed cattle over the whole during the autumn «ud winter is known in law as«common of shack,' a right which is distinct in its nature from common because of vicinage, though some times said to be nearly identical with it." Elton, Commons, 30; Sweet. SHACK, COMMON OF. The right of persons occupying lands lying together in the same common field, to turn out their cattle after harvest to feed promiscuously in such field. SHALL. As against the government, the word "shall," when used in statutes, is to be construed as "may," unless a contrary intention is manifest. 95 U. S. 170. SHAM PLEA. A false plea; a plea of false or fictitious matter, subtly drawn so as to entrap an opponent, or create delay. 3 Chit. Pr. 729, 730. A vexatious or false defense, resorted to under the old system of pleading for purposes of delay and annoyance. Steph. PI. 383. Mr. Chitty defines sham pleas to be pleas so pal pably and manifestly untrue that the court will assume them to be so; pleas manifestly absurd. When answers or defenses admit of lawyer-like argument, such as courts should listen to, they are not "sham," in the sense of the statute. When it needs argument to prove that an answer or de murrer is frivolous, it is not frivolous, and should not be stricken off. To warrant this summary mode of disposing of a defense, the mere reading of the pleadings should be sufficient to disclose, without deliberation and without a doubt, that the defense is sham or irrelevant. 40 Wis. 559. SHARE. A portion of anything. When a whole is divided into shares, they are not necessarily equal. In the law of corporations and joint-stock companies, a share is a definite portion of the capital of a company. SHARE AND SHARE ALIKE. equal shares or proportions. In SHARE-CERTIFICATE. A share-cer tificate is an instrument under the seal of the company, certifying that the person therein named is entitled to a certain number of shares; it is prima facie evidence of his title thereto. Lindl. Paitn. 150, 1187. SHARE-WARRANT. A share-warrant to bearer is a warrant or certificate under the seal of the company, stating that the bearer of the warrant is entitled to a certain number or amount of fully paid up shaies or stock. Coupons for payment of dividends may be annexed to it. Delivery of the share

In its modern and more usual sense, a "sewer" means an under-ground or coveied channel used for the drainage of two or more separate buildings, as opposed to a "drain," which is a channel used for carrying off the drainage of one building or set of build ings in one curtilage. Sweet. SEWERS, COMMISSIONERS OF. In English law. The court of commissioners of sewers is a temporary tribunal erected by vir tue of a commission under the great seal. Its jurisdiction is to overlook the repairs of sea banks and sea-walls, and the cleansing of pub lic rivers, streams, ditches, and other conduits whereby any waters are carried off, and is confined to such county or particular distiict as the commission expressly names. Brown. SEX. The distinction between male and female; or the property or character by which an animal is male or female. Webster. SEXAGESIMA SUNDAY. The second Sunday before Lent, being about the sixtieth day before Easter. SEXHINDENI. In Saxon law. The middle thanes, valued at 600s. SEXTANS. Lat. In Roman law. A subdivision of the a*, containing two uncice; the proportion of two-twelfths, or one-sixth. 2 Bl. Comm. 462, note. SEXTARY. In old records. An an cient measure of liquids, and of dry commod ities; a quarter or seam. Spelman. SEXTERY LANDS. Lands given to a church or religious house for maintenance of a sexton or sacristan. Co well. SEXTUS DECRETALIUM. Lat. The sixth (book) of the decretals; the sext, or sixth decretal. So called because appended, in the body of the canon law, to the five books of the decretals of Gregory IX.; it consists of a collection of supplementary de cretals, and was published A. D. 1298. Butl. Hor. Jur. 172; 1 Bl. Comm. 82. SHACK. In English law The stray ing and escaping of cattle out of the lands of their owners into other uninclosed land; an intercommoning of cattle. 2 H. Bl. 416. It sometimes happens that a number of adjacent fields, though held in severalty, i. e., by separate owners, and cultivated separate ly, are, after the crop on each parcel has been carried in, thrown open as pasture to the cat tle of all tfre owners. "Arable lands culti vated on this plan are called * shack fields/ AM.DICT.LAW—69

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