KFLCC Kingdom Law 2nd Ed.

1081

SHAM PLEA

SEVERANCE'

the proportion of two-twelfths, or one-sixth. 2 Bl. Comm. 462, note. SEXTARY. In old records. An ancient measure of liquids, and of dry commodi ties; a quarter or seam. Spelman. SEXTERY LANDS. Lands given to a church or religious house for maintenance of Lat. The sixth (book) of the decretals; the sext, or sixth decretal. So called because append ed, in the body of the canon law, to the five books of the decretals of Gregory IX.; it consists of a collection of supplementary de cretals, and was published A. D. 1298. Butl. Hor. Jur. 172; 1 Bl. Comm. 82. SEXUAL INSTINCT, INVERSION AND PERVERSION OF. See INSANITY; PEDERASTY; SODOMT. SEXUAL INTERCOURSE. Carnal cop ulation of male and female, implying actual penetration of the organs of the latter. State v. Frazier, 54 Kan. 719, 39 Pac. 822. SHACK. In English law. The stray ing and escaping of cattle out of the lands of their owners into other uninclosed land; an intercommoning of cattle. 2 H. Bl. 416. It sometimes happens that a number of adjacent fields, though held in severalty, i. e., by separate owners, and cultivated separate ly, are, after the crop on each parcel has been carried in, thrown open as pasture to the cattle of all the owners. "Arable lands cultivated on this plan are called 'shack fields,' and the right of each owner of a part to feed cattle over the whole during the autumn and winter is known in law as 'com mon of shack,' a right which is distinct in its nature from common because of vicinage, though sometimes said to be nearly identical with it." Elton, Commons, 30; Sweet. SHALL. As used in statutes and simi lar instruments, this word is generally im perative or mandatory; but it may be con strued as merely permissive or directory, (as equivalent to "may,") to carry out the legislative intention and in cases where no right or benefit to any one depends on its being taken in the imperative sense, and where no public or private right is impaired by its interpretation in the other sense. Also, as against the government, "shall" is to be construed as "may," unless a contrary intention is manifest. See Wheeler v. Chi cago, 24 111. 105, 76 Am. Dec. 736; People v. Chicago Sanitary Dist, 184 111. 597, 56 N. E. 953; Madison v. Daley (C. C.) 58 Fed. 753; Cairo & F. R. Co. v. Hecht, 95 U. S. 170, 24 L. Ed. 423. a sexton or sacristan. CowelL SEXTUS DECRETALIUM.

as pasture for the cattle of all the owners, and in some cases for the cattle of other persons as well; each owner is called a "sev eralty owner," and his rights of pasture are called "severalty rights," as opposed to the rights of persons not owners. Cooke, IncL Acts, 47, 163n. SEVERANCE. In pleading. Separa tion; division. The separation by defend ants in their pleas; the adoption, by several defendants, of separate pleas, instead of joining in the same plea. Steph. PL 257. In estates. The destruction of any one of the unities of a joint tenancy. It is so called because the estate is no longer a joint tenan cy, but is severed. The word "severance" is also used to sig nify the cutting of the crops, such as corn, grass, etc., or the separating of anything from the realty. Brown. SEWARD, or SEAWARD. One who guards the sea-coast; custos maris. SEWER. A fresh-water trench or little river, encompassed with banks on both sides, to drain off surplus water into the sea. CJow ell. Properly, a trench artificially made for the purpose of carrying water into the sea, (or a river or pond.) Crabb, Real Prop. S 113. In its modern and more usual sense, a "sewer" means an under-ground or covered channel used for the drainage of two or more separate buildings, as opposed to a "drain," which is a channel used for carrying off the drainage of one building or set of build ings in one curtilage. Sweet. See Valpa raiso v.' Parker, 148 Ind. 379, 47 N. E. 330; Fuchs v. St. Louis, 167 Mo. 620, 67 S. W. 610, 57 L. R. A. 136; State Board of Health v. Jersey City, 55 N. J. Eq. 116, 35 Atl. 835; Aldrich v. Paine, 106 Iowa, 461, 76 N. W. 812. —Commissioners of sewers. In English law. The court of commissioners of sewers is a temporary tribunal erected by virtue of a com mission under the great seal. Its jurisdiction is to overlook the repairs of sea-banks and sea walls, and the cleansing of public rivers, streams, ditches, and other conduits whereby any waters are carried off, and is confined to such county or particular district as the com mission expressly names. Brown. SEX. The distinction between male and female; or the property or character by which an animal is male or female. Webster. SEXAGESIMA SUNDAY. In ecclesi astical law. The second Sunday before Lent, being about the sixtieth day before Easter. SEXHINDENI. In Saxon law. The mid dle thanes, valued at 600s. SEXTANS. Lat In Roman law. A sub division of the at, containing two unciw;

SHAM PLEA. See PLXA.