Blacks Law Dict. 1st ed

1130

SUBPCENA

SUBJECT

C6ediog downward ad infinitum, and depriv ing the lords of their feudal profits, it was entirely suppressed by the statute QuiaEmp tores, 18 Edw. I. c. 1., and instead of it aliena tion in the modern sense was introduced, so that thenceforth the alienee held of the same chief lord and by the same services that his alienor before him held. Brown. SUBJECT. In logic. That concerning which the affirmation in a proposition is made; the first word in a proposition. An individual matter considered as the ob ject of legislation. The constitutions of sev eral of the states require that every act of the legislature shall relate to but one subject, which shall be expressed in the title of the statute. In constitutional law. One that owes al legiance to a sovereign and is governed by his laws. The natives of Great Britain are sub jects of the British government. Men in free governments are subjects as well as citizens; as citizens they enjoy rights and franchises; as subjects they are bound to obey the laws. Webster. The term is little used, in this sense, in countries enjoying a republican form of government. In Scotch law. The thing which is the object of an agreement. SUBJECTION. The obligation of one or more persons to act at the discretion or ac cording to the judgment and will of others. SUBJECT-MATTER. The thing in controversy, or the matter spoken or written about. Sublata causa tollitur effectus. Co. Litt. 303. The cause being removed the ef fect ceases. Sublata veneratione magistratuum, respublica ruit. When respect for magis trates is taken away, the commonwealth falls. Jenk. Cent. p. 43, case 81. Sublato fundamento cadit opus. Jenk. Cent. 106. The foundation being removed, the superstructure falls. Sublato prineipali, tollitur adjunctum. When the principal is taken away, the inci dent is taken also. Co. Litt. 389a. SUBLEASE. A lease by a tenant to an other person of a part of the premises held by him; an under-lease. SUBMISSION. A yielding to authority. A citizen is bound to submit to the laws; a child to his parents.

In practice. A submission is a covenant by which persons who have a lawsuit or dif ference with one another name arbitrators to decide the matter, and bind themselves recip rocally to perform what shall be arbitrated. Civil,Code La. art. 3099. In maritime law. Submission on the part of the vanquished, and complete posses sion on the part of the victor, transfer prop erty as between belligerents. 1 Gall. 532. SUBMISSION BOND. The bond by which the parties agree to submit their mat ters to arbitration, and by which they bind themselves to abide by the award of the ar bitrator, is commonly called a "submission bond." Brown. SUBMIT. To propound; as an advocaU submits a proposition for the approval of the court. Applied to a controversy, it means to place it before a tribunal for determination. SUBMORTGAGE. When a person who holds a mortgage as security for a loan which he has made, procures a loan to himself from a third person, and pledges his mortgage as security, he effects what is called a "submort gage." SUBNERVARE. To ham-string bycut ting the sinews of the legs and thighs. It was an old custom meretrices et impudi cas mulieres subnervare. Wharton. SUBNOTATIONS. In the civil law. The answers of the prince to questions which had been put to him respecting some obscure or doubtful point of law. SUBORN. In criminal law. To procure another to commit perjury. Steph. Crim. Law, 74. SUBORNATION OF PERJURY. In criminal law. The offense of procuring an other to take such a false oath as would con stitute perjury in the principal. SUBORNER. One who suborns or pro cures another to commit any crime, particu larly to commit perjury. SUBPCENA. The process by which the attendance of a witness is required is called a " subpoena." It is a writ or order directed to a person, and requiring his attendance at a par ticular time and place to testify as a witness. It may also require him to bring with him any books, documents, or other things under his control which he is bound by law to pro

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