Blacks Law Dict. 1st ed

1131

SUBSEQUENS, ETC.

SUBPCENA

SUBSCRIBER. One who writes his name under a written instrument; one who affixes his signature to any document, wheth er for the purpose of authenticating or attest ing it, of adopting its terms as his own ex pressions, or of binding himself by an en gagement which it contains. SUBSCRIBING WITNESS. He who witnesses or attests the signature of a party to an instrument, and in testimony thereof subscribes his own name to the document. A subscribing witness is one who sees a writing executed, or hears it acknowledged, and at the request of the party thereupon signs his name as a witness. Code Civil Proc. Cal. § 1935. SUBSCRIPTIO. Lat. In the civil law. A writing under, or under-writing; a writ ing of the name under or at the bottom of an instrument by way of attestation or ratifica tion; subscription. That kind of imperial constitution which was granted in answer to the prayer of a pe titioner who was present. Calvin. SUBSCRIPTION. The act of writing one's name under a written instrument; the affixing one's signature to any document, whether for the purpose of authenticating or attesting it, of adopting its terms as one's own expressions, or of binding one's self by an engagement which it contains. Subscription is the act of the hand, while attes tation is the act of the senses. To subscribe a pa per published as a will is only to write on the same paper the name of the witness; to attest a will is to know that it was published as such, and to cer tify the facts required to constitute an actual and legal publication. 42 Wis. 66, 76. A written contract by which one engages to contribute a sum of money for a desig nated purpose, either gratuitously, as in the case of subscribing to a charity, or in consid eration of an equivalent to be rendered, as a subscription to a periodical, a forthcoming book, a series of entertainments, or the like. SUBSCRIPTION LIST. A list of sub scribers to some agreement with each other or a third person. SUBSEIiLIA. Lat. In Koman law. Lower seats or benches, occupied by the ju dices and by inferior magistrates when they sat in judgment, as distinguished from the tribunal of the praetor. Calvin. Subsequens matrimonium tollit pec catum preecedens. A subsequent mar riage [of the parties] removes a previous fault, i. e., previous illicit intercourse, and

duce in evidence. Code Civil Proc. Cal. § 1985. In chancery practice. A mandatory writ or process directed to and requiring one or more persons to appear at a time to come and answer the matters charged against him or them. SUBPCENA AD TESTIFICANDUM. Subpoena to testify. The common subpoena requiring the attendance of a witness on a trial, inquisition, or examination. 3 Bl. €omm. 369. SUBPCENA DUCES TECUM. A sub poena used, not only for the purpose of com pelling witnesses to attend in court, but also requiring them to bring with them books or documents which may be in their possession, and which may tend to elucidate the subject matter of the trial. Brown; 3 Bl. Comm. 382. SUBREPTIO. Lat. In the civil law. Obtaining gifts of escheat, etc., from the king by concealing the truth. Bell; Calvin. SUBREPTION. In French law. The fraud committed to obtain a pardon, title, or grant, by alleging facts contrary to truth. SUBROGATION. The substitution of one thing for another, or of one person into the place of another with respect to rights, claims, or securities. Subrogation denotes the putting a third person who has paid a debt in the place of the creditor to whom he has paid it, so as that he may exercise against the debtor all the rights which the creditor, if unpaid, might have done. It is of two kinds,—either conven tional or legal; the former being where the subrogation is express, by the acts of the cred itor and the third person; the latter being (as in the case of sureties) where the subrogation is implied by the law. Brown. The equity by which a person who is secondarily liable for a debt, and has paid it, is put in the place of the creditor, so as to entitle him to make use of all the securities and remedies possessed by the creditor, in order to enforce the right of exoner ation as against the principal debtor, or of contri bution against others who are liable in the same rank as himself. Bisp. Eq. § 835. SUBROGEE. A person who is subro gated; one who succeeds to the rights of an other by subrogation. SUBSCRIBE. In the law of contracts. To write under; to write the name under; to write the name at the bottom or end of a writing. 45 Ind. 213; 26 Wend. 341.

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