Blacks Law Dict. 1st ed

1138

SUPERIOR AND VASSAL

SUFER-JURARE

STJPER-JURARE. Over-swearing. A term anciently used when a criminal endeav ored to excuse himself by his own oath or the oath of one or two witnesses, and the crime objected against him was so plain and notorious that he was convicted on the oaths of many more witnesses. Wharton. SUPER PR.S3ROGATIVA REGIS. A writ which formerly lay against the king's tenant's widow for marrying without the royal license. Fitzh. Nat. Brev. 174. SUPER STATUTO. A writ, upon the statute 1 Edw. Ill, c. 12, that lay against the king's tenant holding in chief, who aliened the king's land without his license. SUPER STATUTO DE ARTICULIS CLERI. A writ which lay against a sheriff or other officer who distrained in the king's highway, or on lands anciently belonging to the church. SUPER STATUTO FACTO POUR SENESCHAL ET MARSHAL DE ROY, etc. A writ which lay against a steward or marshal for holding plea in his court, or for trespass or contracts not made or arising within the king's household. Wharton. SUPER STATUTO VERSUS SER VANTES ET LABORATORES. A writ which lay against him who kept any servants who had left the service of another contrary to law. SUPER VISUM CORPORIS. Lat. Upon view of the body. When an inquest is held over a body found dead, it must be super visum corporis. SUPERARE RATIONES. In old Scotch law. To have a balance of account due to one; to have one's expenses exceed the receipts. SUPERCARGO. An agent of the owner of goods shipped as cargo on a vessel, who has charge of the cargo on board, sells the same to the best advantage in the foreign market, buys a cargo to be brought back on the return voyage of the ship, and comes home with it. SUPERFICIARIUS. Lat. In the civil law. He who has built upon the soil of an other, which he has hired for a number of years or forever, yielding a yearly rent. Dig. 43,18,1. In other words, a tenant on ground rent. SUPERFICIES. Lat. In the civil law. The alienation by the owner of the surface of

the soil of all rights necessary for building on the surface, a yearly rent being generally re served; also a building or erection. Sandars' Just. Inst. (5th Ed.) 133. Superflua non nocent. Superfluities do not prejudice. Jenk. Cent. 184. Surplusage does not vitiate. SUPERFLUOUS LANDS, in English law, are lands acquired by a rail way company under its statutory powers, and not required for the purposes of its undertaking. The company is bound within a certain time to sell such lands, and, if it does not, they vest in and become the property of the owners of the adjoining lands. Sweet. SUPERFCETATION. In medical juris prudence. The formation of & foetus as the result of an impregnation occurring after an other impregnation, but before the birth of the offspring produced by it. Webster. SUPERINDUCTIO. Lat. In the civil law. A species of obliteration. Dig. 28, 4, 1, 1. SUPERINSTITUTION. The institu tion of one in an office to which another has been previously instituted; as where A. is admitted and instituted to a benefice upon one title, and B. is admitted and instituted on the title or presentment of another. 2 Cro. Eliz. 463. A church being full by institution, if a second institution is granted to the same church this is a supermstitution. Wharton. SUPERINTENDENT REGISTRAR. In English law. An officer who superintends the registers of births, deaths, and marriages. There is one in every poor-law union in Eng land and Wales. SUPERIOR. Higher; more elevated in rank or office. Possessing larger power. Entitled to command, influence, or control over another. In estates, some are superior to others. An estate entitled to a servitude or easement over another estate is called the "supeiior" or "dominant," and the other, the "inferior" or "servient," estate. 1 Bouv. Inst. no. 1612. In the feudal law, until the statute quia emptores precluded subinfeudations, (q. v.,) the tenant who granted part of his estate to be held of and from himself as lord was called a "superior." SUPERIOR AND VASSAL. In Scotch law. A feudal relation corresponding with the English "lord and tenant." Bell.

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