KFLCC Kingdom Law 2nd Ed.

1065

SECUNDUM

SECRETE

Secta est pugna civilis; sicut actores armantur actionibns, et, quasi, gladiis accinguntur, ita rei muniuntur excep tionibus, et defenduntur, quasi, clypeis. Hob. 20. A suit is a civil warfare; for as the plaintiffs are armed with actions, and, as it were, girded with swords, so the defend ants are fortified with pleas, and are defend ed, as it were, by shields. Secta quse scripto nititur a scripto variari non debet. Jenk. Cent. 65. A suit Which is based upon a writing ought not to vary from the writing. SECTATORES. Suitors of court who, among the Saxons, gave their judgment or verdict in civil suits upon the matter of fact and law. 1 Reeve, Eng. Law, 22. SECTION. In text-books, codes, statutes, and other juridical writings, the smallest distinct and numbered subdivisions are com monly called "sections," sometimes "arti cles," and occasionally "paragraphs." SECTION OF LAND. In American land law. A division or parcel of land, on the government survey, comprising one square mile or 640 acres. Each "township" (six miles square) is divided by straight lines into thirty-six sections, and these are again divided into half-sections and quarter-sec tions. The general and proper acceptation of the terms "section," "half," and "quarter section," as well as their construction by the general land department, denotes the land in the sec tional and subdivisional lines, and not the exact quantity which a perfect admeasurement of an unobstructed surface would declare. Brown v. Hardin, 21 Ark. 327. A writ which lay for a dowress, or one in wardship, to be free from suit of court. Cowell. SECTORES. Lat In Roman law. Pur chasers at auction, or public sales. SECUIiAR. Not spiritual; not ecclesias tical; relating to affairs of the present world. —Secular business. As used in Sunday laws, this term includes all forms of activity in the business affairs of life, the prosecution of a trade or employment, and commercial dealings, such as the making of promissory notes, lending money, and the like. See Lovejoy v. Whipple, 18 Vt. 383, 46 Am. Dec. 157; Finn v. Dona hue, 35 Conn. 217; Allen v. Deming, 14 N. H. 139, 40 Am. Dec. 179; Smith v. Foster, 41 N. H. 221.—Secular clergy. In ecclesiastical law, this term is applied to the parochial clergy, who. perform their ministry in seculo (in the world), and who are thus distinguished from the monastic or "regular" clergy. Steph. Comm. 681, note. In the civil and common law. According to. Occurring In many phrases of familiar use, as follows: —Secundum sequnm et bonum. According to what is just and right.—Secundum, alle- SECTIS NON FACIENDIS. SECUNDUM. Lat.

dom, both foreign and domestic. There are five principal secretaries,—one for the home department, another for foreign affairs, a third for the colonies, a fourth for war, and a fifth for India. Wharton. SECRETE. To conceal or hide away. Particularly, to put property out of the reach of creditors, either 'by corporally hiding it, or putting the title in another's name, or otherwise hindering creditors from levying on it or attaching it. Pearre v. Hawkins, 62 Tex. 437; Guile v. McNanny, 14 Minn. 522 (Gil. 391) 100 Am. Dec. 244; Sturz v. Fischer, 15 Misc. Rep. 410, 36 N. Y. Supp. 894. SECT. "A religious sect is a body or number of persons united in tenets, but con stituting a distinct organization or party, by holding sentiments or doctrines different from those of other sects or people." State v. Hallock, 16 Nev. 385. SECTA. In old English law. Suit; at tendance at court; the plaintiffs suit or fol lowing, i. e., the witnesses whom he was re quired, in the ancient practice, to bring with him and produce in court, for the purpose of confirming his claim, before the defend ant was put to the necessity of answering the declaration. See 3 Bl. Comm. 295, 344; Bract, fol. 214a. A survival from this pro ceeding is seen in the formula still used at the end of declarations, "and therefore he brings his suit," (et inde producit sectam.) This word, in its secondary meaning, sig nifies suit in the courts; lawsuit. —Secta ad curiam. A writ that lay against him who refused to perform his suit either to the county court or the court-baron. Cowell. —Secta ad fnrnnm. In old English law. Suit due to a man's public oven or bake-house. 3 Bl. Comm. 235.—Secta ad justiciam fac iendam. In old English law. A service which a man is bound to perform by his fee.—Secta ad molendinum. A writ which lay for the owner of a mill against the inhabitants of a place where such mill is situated, for not doing suit to the plaintiff's mill; that is, for not hav ing their corn ground at it. Brown.—Secta ad torrale. In old English law. Suit due to a man's kiln or malthouse. 3 Bl. Comm. 235. —Secta curiae. In old English law. Suit of court; attendance at court. The service, incumbent upon feudal tenants, of attending the lord at his court, both to form a jury when required, and also to answer for their own actions when complained of.—Secta facienda per illam quae habet eniciam partem. A. writ to compel the heir, who has the elder's part of the co-heirs, to perform suit and serv ices' for all the coparceners. Reg. Orig. 177. —Secta regalis. A suit so called by which all persons were bound twice in the year to attend in the sheriff's tourn, in order that they might be informed of things relating to the public peace. It was so called because the sheriff's tourn was the king's leet, and it was held in order that the people might be bound by oath to bear true allegiance to the king. Cowell.—Secta unica tantum faci enda pro pluribus hsereditatibus. A writ for an heir who was distrained by the lord to do more suits than one, that he should be allowed to do one suit only in respect of the land of divers heirs descended to him. Cowell.