KFLCC Kingdom Law 2nd Ed.

1066

SECUNDUM

BED QU^JRE

gata et probata. According to what is al leged and proved; according to the allegations and proofs. 15 East, 81; Cloutman v. Tunison, 1 Sumn. 375, Fed. Cas. No. 2,907.— Secundum artem. According to the art, trade, business, or science.— Secundum bonos mores. Ac cording to good usages; according to established custom ; regularly; orderly.— Secundum con- •uetudinem manerii. According to the cus tom of the manor.— Secundum formam chartse. According to the form of the charter, (deed.)— Secundum formam doni. Accord ing to the form of the gift or grant. See FOB MEDON.— Secundum formam statuti. Ac cording to the form of the statute.— Secundum legem communem. According to the com mon law.— Secundum normam legis. Ac cording to the rule of law; by the intendment and rule of law.— Secundum regulam. Accord ing to the rule; by rule.— Secundum subjec tam materiam. According to the subject matter. 1 Bl. Oomm. 229. All agreements must be construed secundum subjectam materi am if the matter will bear it. 2 Mod. 80, arg. Secundum naturam est commoda cu jusque rei eum sequi, quern sequuntur incommoda. It is according to nature that the advantages of anything should attach to him to whom the disadvantages attach. Dig. 50, 17, 10. SECURE. To give security; to assure of payment, performance, or indemnity; to guaranty or make certain the payment of a debt or discharge of an obligation. One "se cures" his creditor by giving him a lien, mortgage, pledge, or other security, to be used in case the debtor fails to make pay ment. See Pennell v. Rhodes, 9 Q. B. 114; Ex parte Reynolds, 52 Ark. 330, 12 S. W. 570; Foot v. Webb, 59 Barb. (N. T.) 52. A creditor who holds some special pecuniary assurance of payment of his debt, such as a mortgage or lien. SECURED CREDITOR. SECURITATEM An ancient writ, lying for the sovereign, against any of his subjects, to stay them from going out of the kingdom to foreign parts; the ground whereof is that every man is bound to serve and defend the commonwealth as the crown shall think fit. Fitzh. Nat Brev. 115. In old English law. Security of the peace. A writ that lay for one who was threatened with death or bodily harm by another, against him who so threatened. Reg. Orig. 88. Protection; assurance; in demnification. The term Is usually applied to an obligation, pledge, mortgage, deposit, lien, etc., given by a debtor in order to make sure the payment or performance of his INVENIENDI. SECURITATIS PACIS. SECURITY. SECURITAS. In old English law. Security; surety. In tbe civil law. An acquitta&ce or re lease. Spelman; Calvin.

debt, by furnishing the creditor with a re source to be used in case of failure in th« principal obligation. The name is also some times given to one who becomes surety or guarantor for another. See First Nat. Bank v. Hollinsworth, 78 Iowa, 575, 43 N. W. 536, 6 L. R. A. 92; Storm v. Waddell, 2 Sandf. Ch. (N. Y.) 507; Goggins v. Jones, 115 Ga. 596, 41 S. E. 995; Jennings v. Davis, 31 Conn. 139; Mace v. Buchanan (Tenn. Ch.) 52 S. W. 507. —Collateral security. See COIXATEBAL.— Counter security. See COUNTEB.— Mar shaling securities. See MARSHALING.— Personal security. (1) A person's legal and uninterrupted enjoyment of his life, his limbs, his body, his health, and his reputation. 1 Bl. Comm. 129. Sanderson v. Hunt, 25 Ky. Law Rep. 626, 76 S. W. 179. (2) Evidences of debt Which bind the person of the debtor, not real property, are distinguished from such as are liens on land by the name of "personal securi ties." Merrill v. National Bank, 173 U. S. 131, 19 Sup. Ct. 360, 43 L. Ed. 640.— Public se curities. Bonds, notes, certificates of indebt edness, and other negotiable or transferable instruments evidencing the public debt of a state or government.!— Real security. The security of mortgages or other liens or incum brances upon land. See Merrill v. National Bank, 173 U. S. 131, 19 Sup. Ct. 360, 43 L. Ed. 640.— Security for costs. See COSTS.— Security for good behavior. A bond or recognizance which the magistrate exacts from a defendant brought before him on a charge of disorderly conduct; or threatening violence, con ditioned upon his being of good behavior, or keeping the peace, for a prescribed period, towards all people in general and the complain ant in particular. Securius expediuntur negotia com missa pluribus, et plus vident oculi quam oculus. 4 Coke, 46a. Matters in trusted to several are more securely dis patched, and eyes see more than eye, [i. e., "two heads are better than one."] Lat. Otherwise; to the con trary. This word is used in the books to in dicate the converse of a foregoing proposi tion, or the rule applicable to a different state of facts, or an exception to a rule be fore stated. Lat. But It is not allowed. A phrase used in the old re ports, to signify that the court disagreed with the arguments of counsel. . This phrase is used in the re ports to introduce a statement made by the court, on the argument, at variance with the propositions advanced by counsel, or the opinion of the whole court, where that is different from the opinion of a single judge immediately before quoted. But inquire; ex amine this further. A remark indicating, briefly, that the particular statement or rule laid down is doubted or challenged in re spect to its correctness. SECUS. SED NON ALLOCATUR. SED PER CURIAM. Lat. But by the court SED QUAERE. La t