KFLCC Kingdom Law 2nd Ed.

1090

BINE

SIMPLEX

cess of law, but which in reality is entered by the fraudulent contrivance of the parties, for the purpose of giving to one of them an advan tage to which he is not entitled, or of defraud ing or delaying third persons.—Simulated sale. One which has all the appearance of an actual sale in good faith, intended to trans fer the ownership of property for a considera tion, but which in reality covers a collusive design of the parties to put the property beyond the reach of creditors, or proceeds from some other fraudulent purpose. A spe cies of feigned disease, in which disease Is actually present, but where the symptoms are falsely aggravated, and greater sickness is pretended than really exists. Beck, Med. Jur. 3. SIMULATION. In the civil law. Mis representation or concealment of the truth; as where parties pretend to perform a trans action different from that in which they really are engaged. Mackeld. Rom. Law, i 181. In French law. Collusion; a fraudulent arrangement bejtween two or more persons to give a false or deceptive appearance to a transaction in which they engage. SINDERESIS. "A natural power of the soul, set in the highest part thereof, moving and stirring it to good, and adhorring evil. And therefore sinderesis never slnneth nor erreth. And this sinderesis our Lord put in man, to the intent that the order of things should be observed. And therefore sindere sis is called by some men the 'law of reason,' for it ministereth the principles of the law of reason, the which be In every man by na ture, in that he is a reasonable creature." Doct. & Stud. 39. SINE. Lat Without. —Sine animo revertendi. Without the in tention of returning. 1 Kent, Comm. 78.— Sine assensu capituli. Without the con sent of the chapter. In old English practice. A writ which lay where a dean, bishop, preben dary, abbot, prior, or master of a hospital aliened the lands holden in the right of his house, abbey, or priory, without the consent of the chapter; in which case his successor might have this writ. Fitzh. Nat. Brev. 194, I; Cowell.—Sine consideratione curiae. With out the judgment of the court Fleta, lib. 2, c 47, | 13.—Sine decreto. Without author ity of a judge. 2 Karnes, Eq. 115.—Sine die. Without day; without assigning a day for a further meeting or hearing. Hence, a final adjournment; final dismissal of a cause. Quod eat sine die, that he go without day; the old form of a judgment for the defendant, •. «., a judgment discharging the defendant from any further appearance in court.—Sine boo quod. Without this, that. A technical phrase in old pleading, of the same import with the phrase "absque hoc quod"— Sine numero. Without stint or limit. A term applied to common. Fleta, lib. 4, c. 19, § 8.—Sine prole. Without issue. Used in genealogical tables, and often abbreviated into M *. p."—Sine qua non. With out which not. That without which the thing cannot be. An indispensable requisite or con dition. SIMULATIO LATENS. Lat

ate church, or any other ecclesiastical benefice, as distinguished from a cure of souls. It may therefore be held with any parochial cure, without coming under the prohibitions against pluralities. Wharton.—Simplex dictum. In old English practice. Simple averment; mere assertion without proof.—Simplex justitiari us. In old records. Simple justice. A name sometimes given to a puisne justice. <3owell. —Simplex loquela. In old English prac tice. Simple speech; the mere declaration or plaint of a plaintiff.-—Simplex obligatio. A single obligation ; a bond without a condition. 2 Bl. Comm. 340.—Simplex peregrinatio. In old English law. Simple pilgrimage. Fleta, 1. 4, a 2, § 2. obligat. Mere recommendation [of an article] does not bind, [the vendor of it.] Dig. 4, 3, 37; 2 Kent, Comm. 485; Broom, Max. 781. Simplex et pura donatio did poterit, nbi nulla est adjecta conditio nee modus. A gift is said to be pure and simple when no condition or qualification Is annexed. Bract 1. Simplicitas est legibus arnica; et ni mia subtilitas in jure reprobatur. 4 Coke, '8. Simplicity is favorable to the laws; and too much subtlety in law is to be repro bated. SIMPLICITER. Lat. Simply; without ceremony; in a summary manner. Directly; Immediately; as distinguished from inferentially or indirectly. By itself; by its own force; per se. SIMUX CUM. Lat Together with. In actions of tort and in prosecutions, where several persons united In committing the act complained of, some of whom are known and others not, it is usual to allege in the dec laration or indictment that the persons therein named did the Injury in question, "together with (simul .cum) other persons unknown." SIMUL ET SEMEL. Lat Together and at'one time. SIMULATE. To feign, pretend, or coun terfeit. To engage, usually with the co-op peration or connivance of another person, In an act or series of acts, which are apparently transacted in good faith, and intended to be followed by their ordinary legal consequen ces, but which In reality conceal a fraudu lent purpose of the party to gain thereby some advantage to which he is not entitled, or to injure, delay, or defraud others. See Cartwright v. Bamberger, 90 Ala. 405, 8 South. 264. —Simulated fact. In the law of evidence. A fabricated fact; an appearance given to things by human device, with a view to deceive and mislead. Burrill, Circ Ev. 131.—Simu lated judgment. One which is apparently rendered in good faith, upon an actual debt, and intended to be collected by the usual pro Simplex commendatio non