Blacks Law Dict. 1st ed

SUE DISCLAIMER

1142

SURMISE

to bring the writ of cut in vita for the recov ery thereof; in which case her heir might have this writ against the tenant after her decease. Cowell. See Cui IN VITA. SUB DISCLAIMER. A writ in the nature of a writ of right brought by the lord against a tenant who had disclaimed bis ten ure, to recover the land. SURCHARGE, v. To put more cattle upon a common than the herbage will sus tain or than the party has a right to do. 3 Bl. Comm. 237. In equity practice. To show that a par ticular item, in favor of the party surcharg ing, ought to have been included, but was not, in an account which is alleged to be settled or complete. SURCHARGE, n. An overcharge; an exaction, impost, or incumbrance beyond what is just and right, or beyond one's au thority or power. "Surcharge" may mean a second or further mortgage. Wharton. SURCHARGE AND FALSIFY. This phrase, as used in the courts of chancery, de notes the liberty which these courts will oc casionally grant to a plaintiff, who disputes an account which the defendant alleges to be settled, to scrutinize particular items therein without opening the entire account. The showing an item for which credit ought to have been given, but was not, is to sur charge the account; the proving an item to have been inserted wrongly is to falsify the account. Brown. SURDUS. Lat. In the civil law. Deaf; a deaf person. Inst. 2, 12, 3. 8urdus et mutus, a deaf and dumb person. SURENCHERE. In French law, A party desirous of repurchasing property at auction before the court, can, by offering one tenth or one-sixth, according to the case, in addition to the price realized at the sale, oblige the property to be put up once more at auction. This bid upon a bid is called a " surenchere." Arg. Fr. Merc. Law, 575. SURETY. A surety is one who at the request of another, and for the purpose of se curing to him a benefit, becomes responsible for the performance by the latter of some act in favor of a third person, or hypothecates property as security therefor. Civil Code Cal. § 2831; Civil Code Dak. § 1673. A surety is denned as a person who, being liable to pay a debt or perform an obligation, is entitled, if it is enforced against him, to be

Indemnified by some other person who ought himself to have made payment or performed before the surety was compelled to do so. 35 Mich. 42. SURETY COMPANY. A company, usually incorporated, whose business is to as sume the responsibility of a surety on the bonds of officers, trustees, executors, guard ians, etc., in consideration of a fee propor tioned to the amount of the security required SURETY OF THE PEACE. Surety of the peace is a species of preventive jus tice, and consists in obliging those persons whom there is a probable ground to suspect of future misbehavior, to stipulate with, and to give full assurance to, the public that such offense as is apprehended shall not take place, by finding pledges or securities for keeping the peace, or for their good behavior. Brown. SURETYSHIP. The contract of sure tyship is that whereby one obligates him self to pay the debt of another in consider ation of creditor indulgence, or other benefit given to his principal, the principal remain ing bound therefor. It differs from a guar anty is this: that the consideration of the latter is a benefit flowing to the guarantor. Code Ga. 1882, § 2148. Suretyship is an accessory promise by which a person binds himself for another al ready bound, and agrees with the creditor to satisfy the obligation, if the debtor does not. Civil Code La. art. 3035. A contract of suretyship is a contract whereby one person engages to be answei able for the debt, default, or miscarriage of another. Pitm. Princ. & Sur. 1, 2. For the distinctions between "suretyship" and "guaranty," see GUARANTY, n. SURGEON. One whose profession or occupation is to cure diseases or injuries of the body by manual operation; one whose occupation is to cure local injuries or disor ders, whether by manual operation, or by medication and constitutional treatment. Webster. SURMISE. Formerly where a defendant pleaded a local custom, for instance, a cus tom of the city of London, it was necessary for him to "surmise," that is, to suggest that such custom should be certified to the court by the mouth of the recorder, and without such a surmise the issue was to be tried bj the country as other issues of fact are. 1 Burrows, 251; Vin. Abr. 246.

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