KFLCC Kingdom Law 2nd Ed.

SENATU8 CONSULTUM

1071

SENTENCE

enacted in the consulship of Pegasus and Pusio, in the reign of Vespasian, by which an heir, Who was requested to restore an inheritance, was allowed to retain one-fourth of it for him self. Inst. 2, 23, 5.—Senatus consultum Trebelliannm. A decree of the senate (named from Trebelli'us, in whose consulate it was en acted) by which it was provided that, if an_ in heritance was restored under a trust, all actions which, by the civil law, might be brought by or against the heir should be given to and against him to whom the inheritance was re stored. Inst. 2, 23, 4; Dig. 36, 1.—Senatus consnltnm nltimse necessitatis. A decree of the senate of the last necessity. The name given to the decree which usually preceded the nomination of a dictator. 1 Bl. Comm. 136.— Senatns consnltnm Velleiannm. The Vel leian decree of the senate. A decree enacted in tie consulship of Velleius, by which married women were prohibited from making contracts. Story, Confl. Laws, § 425. SENATUS DECRETA. Lat In the civil law. Decisions of the senate. Private acts concerning particular persons merely. SENDA. In Spanish law. A path; the right of a path. The right of foot or horse path. White, New Recop. b. 2, tit 6, § 1. SENECTUS. Lat Old age. In the Bo man law, the period of senectus, which re lieved one from the charge of public office, was officially reckoned as beginning with the completion of the seventieth year. Mackeld. Rom. Law, § 138. SENESCALLTTS. In old English law. A seneschal; a steward; the steward of a manor. Fleta, 1. 2, c. 72. SENESCHAL. In old European law. A title of office and dignity, derived from the middle ages, answering to that of steward or high steward in England. Seneschals were originally the lieutenants of the dukes and other great feudatories of the kingdom, and sometimes had the dispensing of justice and high military commands. SENESCHALLO ET MARESHAILO QUOD NON TENEAT PLACITA DE LI BERO TENEMENTO. A writ addressed to the steward and marshal of England, inhibit ing them to take cognizance of an action In their court that concerns freehold. Reg. Orig. 185. Abolished. SENETJCIA. In old records. Widowhood. Cowell. SENILE DEMENTIA. That peculiar de cay of the mental faculties which occurs in extreme old age, and in many cases much earlier, whereby the person is reduced to sec ond childhood, and becomes sometimes wholly incompetent to enter into any binding con tract, or even to execute a will. It is the recurrence of second childhood by mere de cay. 1 Redf. Wills, 63. See INSANITY.

SENILITY. Incapacity to contract aris ing from the impairment of the intellectual faculties by old age. SENIOR. Lord; a lord. Also the elder. An addition to the name of the elder of two persons having the same name. —Senior connsel. Of two or more counsel retained on the same side of a cause, 'he is the "senior" who is the elder, or more important in rank or estimation, or who is charged with the more difficult or important parts of the management of the case.—Senior jndge. Of several judges composing a court, the "senior" judge is the one who holds the oldest commis sion, or who has served the longest time under his present commission. SENIORES. In old English law. Sen iors; ancients; elders. A term applied to the great men of the realm. Spelman. SENORIO. In Spanish law. Dominion or property. E2NSTJS. Lat Sense, meaning, significa tion. Malo sensu, in an evil or derogatory sense. Mitiori sensu, in a milder, less se vere, or less stringent sense. Sensu honesto, In an honest sense; to interpret words sensu honesto is to take them so as not to Impute Impropriety to the persons concerned. Sensns verborum est anima legis. 5 Coke, 2. The meaning of the words Is the spirit of the law. Sensns verborum est duplex,—mitis et asper; et verba semper accipienda sunt in mitiori sensn. 4 Coke, 13. The mean ing of words is two-fold,—mild and harsh; and words are always to be received In their milder sense. Sensns verborum ez causa dicendi ao cipiendns est; et sermones semper acci piendi sunt secundum subjectam materi am. The sense of words Is to be taken from the occasion of speaking them; and dis courses are always to be interpreted accord ing to the subject-matter. 4 Coke, 136. See 2 Kent Comm. 555. SENTENCE. The judgment formally pro nounced by the court or judge upon the de fendant after his conviction in a criminal prosecution, awarding the punishment to be inflicted. The word is properly confined to this meaning. In civil cases, the terms "judg ment," "decision," "award," "finding," etc., are used. See Featherstone v. People, 194 111. 325, 62 N. E. 684; State v. Barnes, 24 Fla. 153, 4 South. 560; Pennington v. State, 11 Tex. App. 281; Com. v. Bishoff, 13 Pa. Co. Ct R. 503; People v. Adams, 95 Mich. 541, 55 N. W. 461; Bugbee T. Boyce, 68 Vt 311, 35 Atl. 330. Ecclesiastical. In ecclesiastical proce dure, "sentence" is analogous to "judgment" (g. v.) in an ordinary action. A definite sen-