KFLCC Kingdom Law 2nd Ed.

SIMPLEX

SIGNING JUDGMENT

1089

and under timber, and likewise timber when cut down, under twenty years' growth; titheable wood. 3 Salk. 347. SIMILAR. This word is often used to denote a partial resemblance only; but it Is also often used to denote sameness in all es sential particulars. Thus, a statutory pro vision in relation to "previous conviction of a similar offense" may mean conviction of an offense identical in kind. Com. v. Fon tain, 127 Mass. 454. SIMILITER. Lat In pleading. Like wise; the like. The name of the short for mula used either at the end of pleadings or by itself, expressive of the acceptance of an issue of fact tendered by the opposite party; otherwise termed a "joinder in issue." Steph. PI. 57, 237. See Solomons v. Chesley, 57 N. H. 163. Similitudo legalis est casnnm diver sorum inter se collatorum similis ratio; qnod in nno similium valet, valehit in altero. Dissimilium, dissimilis est ratio. Legal similarity is a similar reason which governs various cases when compared with each other; for what avails in one similar case will avail in the other. Of things dis similar, the reason is dissimilar. Co. Litt 191. Sintonia est voluntas sive desiderium emendi vel vehdendi spiritnalia vel spir itualibns adhserentia. Contractus ex turpi causa et contra bonos mores. Hob. 167. Simony is the will or desire of buying or selling spiritualities, or things pertaining thereto. It is a contract founded on a bad cause, and against morality. SIMONY. In English ecclesiastical law v The corrupt presentation of any one to an* ecclesiastical benefice for money, gift or re ward. 2 Bl. Comm. 278. An unlawful con tract for presenting a clergyman to a bene fice. The buying or selling of ecclesiastical preferments or of things pertaining to the ecclesiastical order. Hob. 167. See State v. Buswell, 40 Neb. 158, 58 N. W. 728, 24 L. R. A. 68. SIMPLA. Lat In the civil law. The single value of a thing. Dig. 21, 2, 37, 2. SIMPLE. Pure; unmixed; not com pounded; not aggravated; not evidenced by sealed writing or record. As to simple "Assault" "Average," "Bat tery," "Blockade," "Bond," "Confession," "Contract," "Contract Debt," "Deposit" "In terest," "Larceny," "Obligation," "Trust" and "Warrandice," see those titles. SIMPLEX. Lat Simple; single; pure; unqualified. —Simplex beneficium. In ecclesiastical law. A minor dignity in a cathedral or eollegi-

bishop's certificate to the court of chancery in order to obtain the writ of excommunica tion; but, where the words "writ of signifi cant" are used, the meaning is the same as "writ de excommunicato capiendo." Shelf. Mar. & Div. 502. Obsolete. In English practice. The signature or allowance of the proper officer of a court, obtained by the party entitled to judgment in an action, ex pressing generally that judgment is given in his favor, and which stands in the place of Its actual delivery by the judges themselves. Steph. PI. 110, 111; French v. Pease, 10 Kan. M. In American practice. Signing judg ment means a signing of the judgment rec ord itself, which is done by the proper of ficer, on the margin of the record, opposite the entry of the judgment 1 Burrill, Pr. 268. SIGNTJM. Lat In the Roman and civil law. A sign; a mark; a seal. The seal of an instrument. Calvin. A species of proof. By "signa" were meant those species of indicia which come more immediately under the cognizance of the senses; such as stains of blood on the person of the accused. Best, Pres. 13, note /. In Saxon law. The sign of a cross pre fixed as a sign of assent and approbation to a charter or deed. SILENCE. The state of a person who does not speak, or of one who refrains from speaking. In the law of estoppel, "silence" Implies knowledge and an opportunity to act upon it. Pence v. Langdon, 99 U. S. 581, 25 L. Ed. 420; Stewart v. Wyoming Cattle Ranch Co., 128 U. S. 383, 9 Sup. Ct 101, 32 L. Ed. 439; Chicora Fertilizer Co. v. Dunan, 91 Md. 144, 46 Atl. 347, 50 L. R. A. 401. SIGNING JUDGMENT. Silent leges inter arnta. The power of law is suspended during war. Bacon. SLLENTIARIUS. In English law. One of the privy council; also an usher, who sees good rule and silence kept in court Whar ton. SILK GOWN. Used especially of the gowns worn in England by king's counsel; hence, "to take silk" means to attain the rank of king's counsel. Mozley & Whitley. SILVA. Lat In the civil law. Wood; a wood. SHiVA CaSDUA. In the civil law. That kind of wood which was kept for the purpose of being cut In English law. Under wood; coppice wood. 2 Inst 642; Cowell. All small wood BL.LAW DICT.(2D ED.)—69