Blacks Law Dict. 1st ed

8IMUL CUM

SIMPLA

1098

SIMPLE WARRANDICE. In Scotch law. An obligation to warrant or secuTe from all subsequent or future deeds of the grantor. A simple warranty against the grantor's own acts. Whishaw. SIMPLEX. Lat. Simple; single; pure; unqualified. SIMPLEX BENEFICIUM. In eccle siastical law. A minor dignity in a cathe dral or collegiate church, or any other eccle siastical benefice, as distinguished from a cure of souls. It may therefore be held with any parochial cure, without coming under the piohibitions against pluralities. Whar ton. Simplex commendatio non obligat. Mere recommendation [of an article] does not bind, [the vendor of it.] Dig. 4, 3, 37; 2 Kent, Comm. 485; Broom, Max. 781. SIMPLEX DICTUM. In old English practice. Simple averment; mere assertion without proof. Simplex et pura donatio dici poterit, ubi nulla est adjecta conditio nee modus. A gift is said to be pure and simple when no condition or qualification is annexed. Bract. 1. SIMPLEX JUSTITIARIUS. In old records. Simple justice. A name sometimes given to a puisne justice. Cowell. SIMPLEX LOQUELA. In old English practice. Simple speech; the mere declara tion or plaint of a plaintiff. SIMPLEX OBLIGATIO. A single ob ligation ; a bond without a condition. 2 Bl. Comm. 340. SIMPLEX PEREGRINATIO. In old English law. Simple pilgrimage. Fleta, 1. 4, c. 2, § 2. Simplicitas est legibus arnica; et ni mia subtilitas in jure reprobatur. 4 Coke, 8. Simplicity is favorable to the laws; and too much subtlety in law is to be reprobated. SIMPLICITER. Lat. Simply; without ceremony; in a summary manner. Directly; immediately; as distinguished from inferentially or indirectly. By itself; by its own force; per se. SIMUL CUM. Lat. Together with. la actions of tort and in prosecutions, where several persons united in committing the act complained of, some of whom are known and others not, it is usual to allege in the decla

fice. The buying or selling of ecclesiastical preferments or of things pertaining to the ecclesiastical order. Hob. 167. SIMPLA. Lat. In the civil law. The single value of a thing. Dig. 21, 2, 37, 2. SIMPLE. Pure; unmixed; not com pounded; not aggravated; not evidenced by sealed writing or record. SIMPLE AVERAGE. Particular aver age, (q. v.) SIMPLE BATTERY. In criminal law and torts. A beating of a person, not ac companied by circumstances of aggravation, or not resulting in grievous bodily injury. SIMPLE CONTRACT. A contract that is not a specialty. A contract, the evi dence of which is merely oral or in writing, not under seal nor of record. 1 Chit. Cont. 1. SIMPLE CONTRACT DEBT. One where the contract upon which the obliga tion arises is neither ascertained by matter of record nor yet by deed or special instru ment, but by mere oral evidence the most simple of any, or by notes unsealed, which are capable of a more easy proof, and there fore only better than a verbal promise. 2 Bl. Comm. 466. SIMPLE DEPOSIT. A deposit made, according to the civil law, by one or more persons having a common interest. SIMPLE INTEREST. Interest com puted merely upon the principal sum due, and not compounded. SIMPLE LARCENY. Larceny which Is not complicated or aggravated with acts of violence. Larceny from the person, or with force and violence, is called "compound" larceny. SIMPLE OBLIGATION. In the civil law. An obligation which does not depend for its execution upon any event provided for by the parties, or which is not agreed to be come void on the happening of any such event. Civil Code La. art. 2015. SIMPLE TRUST. A simple trust cor responds with the ancient use, and is where property is simply vested in one person for the use of another, and the nature of the trust, not being qualified by the settler, is left to the construction of law. It differs from a special trust. 2 Bouv. Inst. no. 1896.

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