Blacks Law Dict. 1st ed

SOMERSETT'S CASE

SOLUM PROVINCIALE

1106

A term

the proprietor of the seed, the plant, and the tree, as soon as these have taken root. Mackeld. Bom. Law, § 275. SOLUM PROVINCIALE. In Roman law. The solum italicum (an extension of the old Ager Romnmts) admitted full owner ship, and of the application to it of usucapio; whereas the solum provinciale (an extension of the old Ager Publicus) admitted of a pos sessory title only, and of longi temporis pos sessio only. Justinian abolished all distinc tions between the two, sinking the italicum to the level of the provinciale. Brown. Solum rex hoe non facere potest, quod non potest injuste agere. 11 Coke, 72. This alone the king cannot do, he cannot act unjustly. Solus Deus facit hseredem, non homo. Co. Litt. 5. God alone makes the heir, not man. SOLUTIO. Lat. In civil law. Pay ment, satisfaction, or release; any species of discharge of an obligation accepted as satis factory by the creditor. The term refers not so much to the counting out of money as to the substance of the obligation. Dig. 46, 3, 54; Id. 50, 16, 176. SOLUTIO INDEBITI. Lat. In the civil law. Payment of what was not due. Fiom the payment of what was not due arises an obligation quasi ex contractu. When one has erroneously given or per formed something to or for another, for which he was in no wise bound, he may rede mand it, as if he had only lent it. The term "solutio indebiti" is here used in a very wide sense, and includes also the case where one performed labor for another, or assumed to pay a debt for which he was not bound, or relinquished a right or released a debt, under the impression that he was legally bound to do so. Mackeld. Rom. Law, § 500. Solutio pretii emptionis loco habetur. The payment of the price [of a thing] is held to be in place of a purchase, [operates as a purchase.] Jenk. Cent. p. 56, case 2; 2 Kent, Comm. 387. SOLUTIONE FEODI MILITIS PAR LIAMENTI, or FEODI BURGENSIS PARLIAMENT!. Old writs whereby knights of the shire and burgesses might have recovered their wages or allowance if it had been refused. 35 Hen. VIII. c. 11. SOLUTUS. In the civil law. Loosed; freed from confinement; set at liberty. Dig. 50, 16, 48.

In Scotch practice. Purged, used in old depositions.

SOLVABILITE. Fr. In French law. Ability to pay; solvency. Emerig. Traite des Assur. c. 8, § 15. SOLVENCY. Ability to pay; present ability to pay; ability to pay one's debts out of one's own present means. SOLVENDO. Lat. Paying. An apt word of reserving a rent in old conveyances. Co. Litt. 47a. SOLVENDO ESSE. To be in a state of solvency; i. e., able to pay. Solvendo esse nemo intelligitur nisi qui solidum potest solvere. Ko one is considered to be solvent unless he can pay all that he owes. Dig. 50, 16, 114. SOLVENT. A solvent person is one who is able to pay all his just debts in full out of his own present means. See Dig. 50, 16, 114. SOLVERE. Lat. To pay; to comply with one's engagement; to do what one has undertaken to do; to release one's self from obligation, as by payment of a debt. Cal vin. SOLVERE PCENAS. Lat. To pay the penalty. SOLVIT. Lat. He paid; paid. 10 East, 206. SOLVIT AD DIEM. He paid at the day. The technical name of the plea, in an action of debt on bond, that the defendant paid the money on the day mentioned in the condition. 1 Archb. N. P. 220, 221. SOLVIT ANTE DIEM. A plea that the money was paid before the day appointed. SOLVIT POST DIEM. He paid after the day. The plea in an action of debt on bond that the defendant paid the money after the day named for the payment, and before the commencement of the suit. 1 Archb. N. P. 222. Solvitur adhuc societas etiam morte socii. A partnership is moreover dissolved by the death of a partner. Inst. 3, 26, 5-, Dig. 17,2. Solvitur eo ligamine quo ligatur. In the same manner that a thing is bound it is unloosed. 4 Johns. Ch. 582. SOMERSETT'S CASE. A celebrated decision of the English king's bench, in 1771,

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