Blacks Law Dict. 1st ed

1097

SIGNATUBB

SIMONY

the pope or his delegate, and the grant of a pardon. In contracts. The act of writing one's name upon a deed, note, contract, or other instrument, either to identify or authenticate it, or to give it validity as one's own act. The name so written is also called a "signa ture." SIGNET. A seal commonly used for the sign manual of the sovereign. Wharton. The signet is also used for the puipose of civil justice in Scotland. Bell. SIGNIFICATION. In French law. The notice given of a decree, sentence, or other judicial act. SIGNIFICAVIT. In ecclesiastical law. When this word is used alone, it means the bishop's certificate to the court of chancery in order to obtain the writ of excommunica tion; but, where the words "writ of signifl cavit" are used, the meaning is the same as "writ de excommunicato capiendo." Shelf. Mar. & Div. 502. Obsolete. SIGNING JUDGMENT. In English practice. The signature or allowance of the proper officer of a court, obtained by the par ty entitled to judgment in an action, express ing generally that judgment is given in his favor, and which stands in the place of its actual delivery by the judges themselves. Steph. PI. 110, 111. In American practice. Signing judg ment means a signing of the judgment record itself, which is done by the proper officer, on the margin of the record, opposite the entry of the judgment. 1 Burnll, Pr. 268. SIGNUM. Lat. In the Boman and civil law. A sign; a mark; a seal. The seal of an instrument. Calvin. A species of proof. By "signa" were meant those species of indicia which come more immediately under the cognizance of the senses; such as stains of blood on the per son of the accused. Best, Pres. 13, note/. In Saxon law. The sign of a cross pre fixed as a sign of assent and approbation to a charter or deed. SILENCE. The state of a person who does not speak, or of one who refrains from speaking. In the law of estoppel, "silence" implies knowledge and an opportunity to act upon it. 99 U. S. 581. Silent leges inter arma. The power of law is suspended during war. Bacon.

SILENTIABIUS. In English law. One of the privy council; also an usher, who sees good rule and silence kept in court. Whar ton. SILK GOWN. Used especially of the gowns worn by queen's counsel; hence, "to take silk" means to attain the rank of queen's counsel. Mozley & Whitley. SILVA. Lat. In the civil law. Wood; a wood. SILVA CJSDUA. In the civil law. That kind of wood which was kept for the purpose of being cut. In English law. Under wood; coppice wood. 2Inst. 642; Cowell. All small wood and under timber, and likewise timber when cut down, under twenty years' growth; titheable wood. 3 Salk. 347. SIMILAR. This word is often used to denote a partial resemblance only; but it is also often used to denote sameness in all es sential particulars. Thus, a statutory pro vision in relation to "previous conviction of a similar offense" may mean conviction of an offense identical in kind. 127 Mass. 454. SIMILITER. Lat. In pleading. Like wise; the like. The name of the short formula used either at the end of pleading* or by itself, expressive of the acceptance oi an issue of fact tendered by the opposite par ty; otherwise termed a "joinder in issue." Steph. PI. 57, 237. Similitudo legalis est casuum diver sorum inter se collatorum similis ratio; quod in uno similram valet, valebit in altero. Dissimilium, dissimilis est ratio. Legal similarity is a similar reason which governs various cases when compared with each other; for what avails in one similar case will avail in the other. Of things dis similar, the reason is dissimilar. Co. Litt. 191. Simonia est voluntas sive desiderium emendi vel vendendi spiritualia vel spiritualibus adhaerentia. Contractus ex turpi causa et contra bonos mores. Hob. 167. Simony is the will or desire of buying or selling spiiitualities, or things pertaining thereto. It is a contract founded on a bad cause, and against morality. SIMONY. In English ecclesiastical law. The corrupt presentation of any one to an ecclesiastical benefice for money, gift, or re ward. 2 Bl. Comm. 278. An unlawful con tract for presenting a clergyman to a bene

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