Blacks Law Dict. 1st ed

SUBSTRACT1ON

SUBSEQUENT CONDITION 1132

In American law. Service of process upon a defendant in any manner, authorized by statute, other than personal service within the jurisdiction; as by publication, by mail ing a copy to his last known address, or by personal service in another state. SUBSTITUTES. In Scotch law. The person first called or nominated in a tailzie (entailment of an estate upon a number of heirs in succession) is called the "institute" or "heir-institute;" the rest are called "sub stitutes. " SUBSTITUTIO H^IREDIS. Lat. In Roman law, it was competent for a testator after instituting a hceres (called the "hares institutus") to substitute another (called the "hceres substitutus") in his place in a certain event. If the event upon which the substitution was to take effect was the refus al of the instituted heir to accept the in heritance at all, then the substitution was called "vulgaris," (or common;) but if the event was the death of the infant (pupillus} after acceptance, and before attaining his majority, (of fourteen years if a male, and of twelve years if a female,) then the substitu tion was called "pupillarts," (or for minors.) Brown. SUBSTITUTION. In the civil law. The putting one person in place of another; particularly, the act of a testator in naming a second devisee or legatee who is to take the bequest either on failure of the original devisee or legatee or after him. In Scotch law. The enumeration or des ignation of the heirs in a settlement of piop erty. Substitutes in an entail are those heirs who are appointed in succession on failure of others. SUBSTITUTIONAL, SUBSTITU TIONARY. Where a will contains a gift of property to a class of persons, with a clause providing that on the death of a mem ber of the class before the period of distribu tion his share is to go to bis issue, (if any,) so as to substitute them for him, the gift to the issue is said to be substitutional or sub stitutionary. A bequest to such of the chil dren of A. as shall be living at the testator's death, with a direction that the issue of such as shall have died shall take the shares which their parents would have taken, if living at the testator's death, is an example. Sweet. SUBSTRACTION. In French law. Tim fraudulent appropriation of any property.

legitimates the offspring. A rule of Roman law. SUBSEQUENT CONDITION. See CONDITION SUBSEQUENT. SUBSIDY. In English law. An aid, tax, or tribute granted by parliament to the king for the urgent occasions of the king dom, to be levied on every subject of ability, according to the value of his lands or goods. Jacob. In American law. A grant of money made by government in aid of the promoters of any enterprise, work, or improvement in which the government desires to participate, or which is considered a proper subject for state aid, because likely to be of benefit to the public. In International law. The assistance given in money by one nation to another to enable it the better to carry on a war, when such nation does not join directly in the war. Vattel, bk. 3, § 82. SUBSTANCE. Essence; the material or essential part of a thing, as distinguished from -form." SUBSTANTIAL DAMAGES. A sum, assessed by way of damages, which is worth aving; opposed to nominal damages, which are assessed to satisfy a bare legal right. Wharton. SUBSTANTIVE LAW. That part of the law which the courts are established to administer, as opposed to the rules according to which the substantive law itself is admin istered. That part of the law which creates, defines, and regulates rights, as opposed to adjective or remedial law, which prescribes the method of enforcing rights or obtaining redress for their invasion. SUBSTITUTE. One appointed in the place or stead of another, to transact busi ness for him; a proxy. A person hired by one who has been drafted into the military service of the country, to go to the front and serve in the army in his stead. SUBSTITUTED EXECUTOR. One ap pointed to act in the place of another execu tor upon the happening of a certain event; e. g., if the latter should refuse the office. SUBSTITUTED SERVICE. In En glish practice. Service of process made under authorization of the court upon some other person, when the person who should be served cannot be found or cannot be reached.

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