Blacks Law Dict. 1st ed

SPONSIONS

1116

SPIRITUAL COURTS

stroy its character or legal effect. 1 Greenh Ev. § 566. SPOLIATOR. It is a maxim of lf.w, bearing chiefly on evidence, but also upon the value generally of the thing destroyed, that everything most to his disadvantage is to be presumed against the destroyer, (spolia tor,) contra spoliatorem omnia proesumun tur. 1 Smith, Lead. Cas. 315. Spoliatus debet ante omnia restitui. A party despoiled [forcibly deprived of pos session] ought first of all to be restored. 2 Inst. 714; 4 Reeve, Eng. Law, 18. SPOLIUM. In the civil and common law. A thing violently or unlawfully taken from another. SPONDEO. Lat. In the civil law. 1 undertake; I engage. Inst. 3, 16, 1. SPONDESP SPONDEO. Lat. Do you undertake? I do undertake. The most common form of verbal stipulation in the Roman law. Inst. 3, 16, 1. Spondet peritiam artis. He promises the skill of his art; he engages to do the work in a skillful or workmanlike manner. 2 Kent, Comm. 588. Applied to the engage« ments of workmen for hire. Story, Bailm. §428. SPONSALIA, STIPULATIO SPON SALITIA. Lat. In the civil law. Es pousal; betrothal; a reciprocal promise of future marriage. SPONSIO. Lat. In the civil law. An engagement or undertaking; particularly such as was made in the foim of an answer to a formal interrogatory by the other party. Calvin. An engagement to pay a certain sum of money to the successful party in a cause. Calvin. SPONSIO JUDICIALIS. Lat. In Ro man law. A judicial wager corresponding in some respects to the "feigned issue" of modern practice. SPONSIO LUDICRA. Lat. In Scotch law. A trifling or ludicrous engagement, such as a court will not sustain an action for. 1 Kames, Eq. Introd. 34. In the civil law. An informal under taking, or one made without the usual for mula of interrogation. Calvin. SPONSIONS. In international law. Agreements or engagements made by certain

SPIRITUAL COURTS. In English law. The ecclesiastical courts, or courts Christian. See 3 Bl. Comm. 61. SPIRITUAL LORDS. The archbishops and bishops of the house of lords. 2 Steph. Comm. 328. SPIRITUALITIES OF A BISHOP. Those profits which a bishop receives in his ecclesiastical character, as the dues arising from his ordaining and instituting priest3, and such like, in contradistinction to those profits which he acquires in his temporal ca pacity as a baron and lord of parliament, and which are termed his "temporalities," con sisting of certain lands, revenues, and lay fees, etc. Cowell. SPIRITUALITY OP BENEFICES. Jn ecclesiastical law. The tithes of land, etc. "Wharton. SPIRITUOUS LIQUORS. These are imflammable liquids produced by distillation, and forming an article of commerce. 1 Exch. 281. The phrase " spirituous liquor," in a penal stat ute, cannot be extended beyond xts exact literal sense. Spirit is the name of an inflammable liquor produced by distillation. Wine is the fer mented juice of the grape, or a preparation of other vegetables by fermentation; hence the term does not include wine. 5 Blackf. 118. SPITAL, or SPITTLE. A charitable foundation; a hospital for diseased people. Cowell. SPLITTING A CAUSE OF ACTION. Dividing a single cause of action, claim, or demand into two or more parts, and bring ing suit for one of such parts only, intend ing to reserve the rest for a separate action. The plaintiff who does this is bound by his first judgment, and can recover no more. 2 Black, Judgm. § 734. SPOLIATION. In English ecclesias tical law. An injury done by one clerk or incumbent to another, in taking the fruits of his benefice without any right to them, but under a pretended title. 3 Bl. Comm. '90, 91. The name of a suit sued out in the spirit ual court to recover for the fruits of the church or for the church itself. Fitzh. Nat. Brev. 85. In torts. Destruction of a thing by the act of a stranger; as the erasure or alteration of a writing by the> act of a stranger is called "spoliation," This has not the effect to de

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