Blacks Law Dict. 1st ed

SIMUL ET SEMEL

1099

SINECURE

ration or indictment that the persons therein named did the injury in question, "together with (simtU cum) other persons unknown." SIMUL ET SEMEL. Lat. Together and at one time. SIMULATE. To feign, pretend, or coun terfeit. To engage, usually with the co-op peration or connivance of another person, in an act or series of acts, which are apparently transacted in good faith, and intended to be followed by their ordinary legal consequences, but which in reality conceal a fraudulent purpose of the party to gain thereby some advantage to which he is not entitled, or to injure, delay, or defraud others. SIMULATED PACT. In the law of evidence. A fabricated fact; an appearance given to things by human device, with a view to deceive and mislead. Burrill, Circ Ev. 181. SIMULATED JUDGMENT. One which is apparently rendered in good faith, upon an actual debt, and intended to be col lected by the usual process of law, but which in reality is entered by the fraudulent con trivance of the parties, for the purpose of giving to one of them an advantage to which he is not entitled, or of defrauding or delay ing third persons. SIMULATED SALE. One which has all the appearance of an actual sale in good faith, intended to transfer the ownership of property for a consideration, but which in reality covers a collusive design of the par ties to put the property beyond the reach of creditors, or proceeds from some other fraud ulent purpose. SIMULATIO LATENS. Lat. A spe cies of feigned disease, in which disease is actually present, but where the symptoms are falsely aggravated, and greater sickness is pretended than really exists. Beck, Med. Jur. 3. SIMULATION. In the civil law. Misrepresentation or concealment of the truth; as where parties pretend to perform a transaction different from that in which they really are engaged. Mackeld. Bom. Law, §181. In French law. Collusion; a fraudu lent arrangement between two or more per sons to give a false or deceptive appearance to a transaction in which they engage. SINDERESIS. "A natural power of the soul, set in the highest part thereof, moving

and stirring it to good, and abhorring evil. And therefore sinderesis never sinneth nor erreth. And this sinderesis our Lord put in man, to the intent that the order of things should be observed. And therefore sindere sis is called by some men the • law of reason,' for it ministei eth the principles of the law of reason, the which be in every man by nature, in that he is a reasonable creature." Doct. & Stud. 39. SINE ANIMO REVERTENDI. With out the intention of returning. 1 Kent, Comm. 78. SINE ASSENSU CAPITULI. With out the consent of the chapter. In old En glish practice. A writ which lay where a dean, bishop, prebendary, abbot, prior, or master of a hospital aliened the lands holden in the right of his house, abbey, or priory, without the consent of the chapter; in which case his successor might have this writ. Fitzh. Nat. Brev. 194, I; Cowell. SINE CONSIDERATIONE CURLE. Without the judgment of the court. Fleta, lib. 2, c. 47, § 13. SINE DECRETO. Without authority of a judge. 2 Kames, Eq. 115. SINE DIE. Without day; without as signing a day for a further meeting or hear ing. Hence, a final adjournment; final dis missal of a cause. Quod eat sine die, that he go without day; the old form of a judgment for the defendant, *'. e., a judgment dis charging the defendant from any further ap pearance in court. SINE HOC QUOD. L. Lat. Without this, that. A technical phrase in old plead ing, of the same import with the phrase "absque hoc quod." SINE NUMERO. Without stint or limit. A term applied to common. Fleta, lib. 4, c. 19, § 8. Sine possessione usucapio procedere non potest. There can be no prescription without possession. SINE PROLE. Without Issue. Used in genealogical tables, and often abbreviated into "*. p." SINE QUA NON. Without which not. That without which the thing cannot be. An indispensable requisite or condition. SINECURE. In ecclesiastical law. When a rector of a parish neither resides nor

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