KFLCC Kingdom Law 2nd Ed.

1096

SOLICITOR

SOLVABILITY

uity. Most attorneys take out a certificate to practice In the courts of chancery, and therefore become solicitors also, and, on the other hand, most, if not all, solicitors take out a certificate to practice in the courts of common law, and therefore become attorneys also. Brown. — Solicitor general. In English law. One of the principal law officers of the crown, associat ed in his duties with the attorney general, hold ing office by patent during the pleasure of the sovereign, and having a right of preaudience in the courts. 3 Bl. Comm. 27. In American law, an officer of the department of justice, next in rank and authority to the attorney general, whose principal assistant he is. His chief func tion is to represent the United States in all cases in the supreme court and the court of claims in which the government is interested or to which it is a party, and to discharge the duties of the attorney general in the absence or disability of that officer or when there is a vacancy in the office. Rev. St. U. S. §§ 347, 359 (U. S. Comp. St. 1901, pp. 202, 207).— Solici tor of the supreme court. The solicitors be fore the supreme courts, in Scotland, are a body of solicitors entitled to practice in the court of session, etc. Their charter of incorporation bears date August 10, 1797.— Solicitor of the treasury. An officer of the United States at tached to the department of justice, having gen eral charge of the law business appertaining to the treasury.— Solicitor to the suitors' fund. An officer of the English court of chan cery, who is appointed in certain cases guardian ad litem. A term of civil-law origin, signifying that the right or interest spoken of is joint or common. A "solidary obliga tion" corresponds to a "joint and several" obligation in the common law; that is, one for which several debtors are bound in such wise that each is liable for the entire amount, and not merely for his proportionate share. But in the civil law the term also includes the case where there are several creditors, as against a common debtor, each of whom is entitled to receive the entire debt and give an acquittance for it SOLIDARY. whole; an entire or undivided thing. SOLIDUS LEGALIS. A coin equal to 13s. 4d. of the present standard. 4 Steph. 'Comm. 119n. Originally the "solidus" was a gold coin of the Byzantine Empire, but in medieval times the term was applied to several varieties of coins, or as descriptive of a money of account, and is supposed to be the root from which "shilling" is derived. SOLINUM. In old English law. Two plow-lands, and somewhat less than a half. Co. Litt 5a. Solo cedit quod solo insediflcatur. That which is built upon the soil belongs to the soil. The proprietor of the soil becomes also proprietor of the building erected upon it. Mackeld. Rom. Law, § 275. That which is planted in the soil belongs to the Solo cedit quod solo implantatur. SOLIDUM. Lat. In the civil law. A

soil. The proprietor of the soil becomes also the proprietor of the seed, the plant, and the tree, as soon as these have taken root. Mackeld. Rom. Law, § 275.

SOLUM PROVINCIALE. man law. The solum italicum

Lat In Ro (an extension

of the old Ager Romanus) admitted full own ership, and of the application to it of usii' capio; whereas the solum provinciale (an ex tension of the old Ager PuUicus) admitted of a possessory title only, and of longi temporis possessio only. Justinian abolished all dis tinctions between the two, sinking the itali cum to the level of the provinciale. Brown. Solum rex hoc non facere potest, quod lion potest injuste agere. 11 Coke, 72. This alone the king cannot do, he cannot act unjustly. Solus Deus facit hseredem, non homo. Co. Litt 5. God alone makes the heir, not man. Pay ment, satisfaction, or release; any species of discharge of an obligation accepted as satis factory by the creditor. The term refers not so much to the counting out of money as to the substance of the obligation. Dig. 46, 3, In the civil law. Pay ment of what was not due. From the payment of what was not due arises an obligation quasi ex contractu. When one has erroneously given or performed something to or for another, for which he was in no wise bound, he may rede mand it, as if he had only lent it The term "solutio indeoiti" is here used in a very wide sense, and includes also the case where one per formed labor for another, or assumed to pay a debt for which he was not bound, or relinquish ed a right or released a debt, under the impres sion that he was legally bound to do so. Mack eld. Rom. Law, § 500. Solutio pretii emptionis loco habetur. The payment of the price [of a thing] is held to be in place of a purchase, [operates as a purchase.] Jenk. Cent p. 56, case 2; 2 Kent Comm. 387. SOLUTIONE FEODI MILITIS PAR LIAMENTS, or FEODI BURGENSIS PARLIAMENTI. Old writs whereby knights of the shire and burgesses might have recovered their wages or allowance if it had been refused. 35 Hen. VIII. c. 11. Loosed; freed from confinement; set at liberty. Dig. 50, 16, 48. In Scotch practice. Purged. A term used in old depositions. FT. In French law. Ability to pay; solvency. Emerig. TraitS des Assur. c 8, § 15. SOLUTIO. Lat In civil law. 54; Id. 50, 16, 176. — Solutio indebiti. SOLUTUS. In the civil law. SOLVABILITE.