KFLCC Kingdom Law 2nd Ed.

1072

SENTENCE

SEPARATE

tence Is one which puts an end to the suit, and regards the principal matter in ques tion. An interlocutory sentence determines only some incidental matter in the proceed ings. Phillim. Ecc. Law, 1260. —Cumulative sentences. Separate senten ces (each additional to the others) imposed up on a defendant who has been convicted upon an indictment containing several counts, each of such counts charging a distinct offense, or who is under conviction at the same time for several distinct offenses; one of such sentences being made to begin at the expiration of an other. Carter v. McClaughry, 183 U. S. 365, 22 Sup, Ct. 181, 46 L. Ed. 236; State v. Ham by, 126 fc. C. 1066, 35 S. E. 614.— Final sen tence. One which puts an end to a case. Dis tinguished from interlocutory — Indetermi nate sentence. A form of sentence to impris onment upon conviction of crime, now author ized by statute in several states, which, in stead of fixing rigidly the duration of the im prisonment, declares that it shall be for a period "not less than" so many years "nor more than" so many years, or not less than the minimum period prescribed by statute as the punishment for the particular offense nor more than the maximum period, the exact length of the term being afterwards fixed, within the limits assigned by the court or the statute, by an executive authority, (the governor, board of pardons, etc.,) on consideration of the previous record of the convict, his behavior while in prison or While out on parole, the apparent prospect of reformation, and other such con siderations.— Interlocutory sentence. In the civil law. A sentence on some indirect question arising from the principal cause. Hal lifax, Civil Daw, b. 3, ch. 9, no. 40.— Sentence of death recorded. In English practice. The recording of a sentence of death, not actu ally pronounced, on the understanding that it will not be executed. Such a record has the same effect as if the judgment had been pro nounced and the offender reprieved by the court. Mozley & Whitley. The practice is now dis used.— Suspension of sentence. This term may mean either a withholding or postponing the sentencing^ of a prisoner after the conviction, or a postponing of the execution of the sen tence after it has been pronounced. In the latter case, it may, for reasons addressing them selves to the. discretion of the court, be indefinite as to time, or during the good behavior of the prisoner. See People v. Webster, 14 Misc. Rep. 617, 36 N. Y. Supp. 745; In re Buchanan, 146 N. Y. 264, 40 N. E. 883. In the civil law. (1) Sense; import; as distinguished from mere words. (2) The deliberate expression of one's will or intention. (3) The sentence of a judge or court. Sententia a non judice lata nemini de bet nocere. A sentence pronounced by one who is not a judge should not harm any one. Fleta, 1. 6, c. 6, § 7. Sententia contra matrimoninm nun quam transit in rem judicatam. 7 Coke, 43. A sentence against marriage never be comes a matter finally adjudged, i. e„ res judicata. Sententia facit jus, et legis interpre tatio legis vim obtinet. Ellesm. Post. N. 55. Judgment creates right, and the inter pretation of the law has the force of law. SENTENTIA. La t

Sententia facit jus, et res judicata pro •eritate accipitur. Ellesm. Post N. 55. Judgment creates right, and what is adjudi cated is taken for truth. Sententia interlocutoria revocari po-« test, definitiva non potest. Bac. Max. 20. An interlocutory judgment may be recalled, but not a final. Sententia non fertur de rebus non liq uidis. Sentence is not given upon matter* that are not clear. Jenk. Cent. p. 7, case 9. SEPARABLE CONTROVERSY. In the acts of congress relating to the removal of causes from state courts to federal courts, this phrase means a separate and distinct cause of action existing in the suit, on which a separate and distinct suit might properly have been brought and complete relief afford ed as to such cause of action; or the case must be one capable of separation into parts, so that, in one of the parts, a controversy will be presented, wholly between citizens of different states, which can be fully deter mined without the presence of any of the other parties to the suit as it has been begun. Fraser v. Jennison, 106 U. S. 191, 1 Sup. Ct. 171, 27 L. Ed. 131; Gudger v. Western N. C. R. Co. (C. C.) 21 Fed. 81; Security Co. v. Pratt (C. C.) 64 Fed. 405; Seaboard Air Line Ry. v. North Carolina R. Co. (O. C.) 123 Fed. 629. SEPARAIiITER. Lat Separately. Us ed in indictments to indicate that two or more defendants were charged separately, and not jointly, with the commission of the offense in question. State v. Edwards, 60 Mo. 490. Individual; distinct; par ticular ; disconnected. Generally used in law as opposed to "joint," though the more usu al antithesis of the latter term is "several." Either of these words implies division, dis tribution, disconnection, or aloofness. See Merrill v. Pepperdine, 9 Ind. App. 416, 36 N. E. 921; Larzelere v. Starkweather, 38 Mich. 104. —Separate action. As opposed to a joint action, this term signifies an action brought for himself alone by each of several complain ants who are all concerned in the same trans action, but cannot legally join in the suit Separate demise in ejectment. A demise in a declaration in ejectment used to be termed a "separate demise" when made by the lessor separately or individually, as distinguished from a demise made jointly by two or more persons, which was termed a "joint demise." No such demise, either separate or joint, is now neces sary in this action. Brown.— -Separate es tate. The individual property of one of two persons who stand in a social or business rela tion, as distinguished from that which they own jointly or are jointly interested in. Thus, "sep arate estate," within the meaning of the bank rupt law, is that in which each partner is separately interested at the time of the bank ruptcy. The term can only be applied to such property as belonged to one or more of Ue part- SEPARATE.