KFLCC Kingdom Law 2nd Ed.

1070

SENATUS OONSULTUM

SEMPER

in his behalf is supposed to authorize it 2 Kent, Comm. 616; Dig. 14, 6, 16; Id. 46, S, 12, 4. Semper sexus masoulinus etiam femi ninum sexum continet. The masculine sex always includes the feminine. Dig. 32, 62. Semper specialia generalibus insunt. Specials are always included in generals. Dig. 50, 17, 147. SEN. This is said to be an ancient word, which signified "justice." Co. Litt 61a. SENAGE. Money paid for synodals. SENATE. In American law. The name of the upper chamber, or less numerous branch, of the congress of the United States. Also the style of a similar body in the legislatures of several of the states. In Roman law. The great administra tive council of the Roman commonwealth. SENATOR. In Roman law. A member of the aenatus. In old English law. A member of the royal council; a king's councillor. In American law. One who is a member of a senate, either of the United States or of a state. Senatores sunt partes corporis regis. Senators are part of the body of the king. Staundef. 72, B.; 4 Inst 53, in marg. SENATORS OF THE COLLEGE OF JUSTICE. The judges of the court of ses sion in Scotland are called "Senators of th« College of Justice." Lat. In Roman law. The senate; the great national council of the Roman people. The place where the senate met Calvin. In Roman law. A decision or decree of the Roman senate, having the force of law, made without the concurrence of the people. These enact ments began to take the place of laws en acted by popular vote, when the commons had grown so great in number that they could no longer be assembled for legislative purposes. Mackeld. Rom. Law, § 33; Hunt er, Rom. Law, xlvii; Inst. 1, 2, 5. — Senatus consultum Marcianum. A de cree of the senate, in relation to the celebra tion of the Bacchanalian mysteries, enacted in the consulate of Q. Marcins and S. Postumus. — Senatus consultum Orflcianum. An en actment of the senate (Orficras being one of the consuls and Marcus Antoninus emperor) for admitting both sons and daughters to the suc cession of a mother dying intestate. Inst. 3, 4, pr.— Senatus consultum Pegasianum. The Pegasian decree of the senate. A decree SENATUS. SENATUS CONSULTUM.

SEMPER. Lat Always. A word which Introduces several Latin maxims, of which some are also used without this prefix. Semper in dubiis benigniora prsefe renda sunt. In doubtful cases, the more favorable constructions are always to be pre ferred. Dig. 50, 17, 56. Semper in dubiis id agendum est, nt qnam tutissimo loco re* sit bona fide contracta, nisi qnom aperte contra leges scriptnm est. In doubtful cases, such a course should always be taken that a thing contracted bona -fide should be in the safest condition, unless when it has been openly made against law. Dig. 34, 5, 21. Semper in obscnris, quod minimum est sequimur. In obscure constructions we always apply that which is the least ob scure. Dig. 50, 17, 9; Broom, Max. 687». Semper in stipulationibus, et in ce teris contractibus, id sequimur quod ac tum est. In stipulations and in other con tracts we follow that which was done, [we are governed by the actual state of the facts.] Dig. 50, 17, 34. Semper ita fiat relatio ut valeat dis positio. Reference [of a disposition in a will] should always be so made that the dis position may have effect. 6 Coke, 766. Semper necessitas proband! incumbit el qui agit. The claimant is always bound to prove, [the burden of proof lies on the actor.] SEMPER PARATUS. Lat Always ready. The name of a plea by which the de fendant alleges thai he has always been ready to perform what is demanded of him. 3 Bl. Comm. 303. Semper prsesumitur pro legitimatione puerorum. The presumption always is in favor of the legitimacy of children. 5 Coke, 986; Co. Litt 126a. Semper prsesumitur pro matrimonio. The presumption is always in favor of the validity of a marriage. Semper prsesumitur pro negante. The presumption is always in favor of the one who denies. See 10 Clark & F. 534; 3 Bl. & Bl. 723. Semper prsesumitur pro sententia. The presumption always is in favor of a sen tence. 3 Bulst 42; Branch, Princ. Semper qui non prohibet pro se in tervenire, mandare creditur. He who does not prohibit the intervention of another