KFLCC Kingdom Law 2nd Ed.

1097

SORNER

SOLVENCY

certain thing. This document nas for its object to establish that upon a certain date the demand was made. Arg. Ft. Merc. Law, 574. SOMNAMBULISM. Sleep-walking. Whether this condition is anything more than a co-operation of the voluntary muscles with the thoughts which occupy the mind during sleep is not settled by physiologists. Whar ton. In ecclesiastical law, an officer of the ecclesiastical courts whose duty was to serve citations or process. SON. An immediate male descendant; the correlative of "father." Technically a word of purchase, unless explained. Its meaning may be extended by construction to include more remote descendants, such as a grand child, and also to include an illegitimate male child, though the presumption is against this. See Flora v. Anderson (C. C.) 67 Fed. 185; Lind v. Burke, 56 Neb. 785, 77 N. W. 444; Yarnall's Appeal, 70 Pa. 341; Jamison v. Hay, 46 Mo. 548; Phipps v. Mulgrave, 5 Term, 323. SON. Fr. His. Her. See Civ. Code La. art. 3522. —Son. assault demesne. His own assault. A plea which occurs in the actions of trespass and trespass on the case, by which the defendant alleges that it was the plaintiff's own original assault that occasioned the trespass for which he has brought the action, and that what the defendant did was merely in his own defense. Steph. PI. 186. SOMPNOUR. SONTAGE. A tax of forty shillings an ciently laid upon every knight's fee. Cowell. SONTICUS. Lat. In the civil law. Hurt ful; injurious; hindering; excusing or jus tifying delay. Morbus sonticus is any illness of so serious a nature as to prevent a de fendant from appearing in court and to give him a valid excuse. Calvin. SOON. If there is no time specified for the performance of an act, or if it is speci fied that it is to be performed soon, the law implies that it is to be performed within a reasonable time. Sanford v. Shephard, 14 Kan. 232. SOREHON, or SORN. An arbitrary ex action, formerly existing in Scotland and Ireland. Whenever a chieftain had a mi-nd to revel, he came down among the tenants with his followers, by way of contempt called "Gilliicitfitts," and lived on free quarters. Wharton; Bell. SORNER. In Scotch law. A person who takes meat and drink from others by force or menaces, without paying for It. Bell. SON-IN-LAW. The husband of one's daughter.

SOLVENCY. Ability to pay; present ability to pay; ability to pay one's debts out of one's own present means. Marsh .v. Dunckel, 25 Hun (N. Y.) 169; Osborne v. Smith (C. C.) 18 Fed. 130; Larkin v. Hap good, 56 Vt. 601; Sterrett v. Third Nat Bank, 46 Hun (N. Y.) 26; Reid v. Lloyd, 52 Mo. App. 2S2. An apt word of reserving a rent in old conveyances. Co. Litt. 47a. SOLVENDO. Lat. Paying. SOLVENDO ESSE. Lat. To be In a state of solvency; i. e., able to pay. Solvendo esse nemo intelligitur nisi qui solidum potest solvere. No one is con sidered to be solvent unless he can pay all that he owes. Dig. 50, 16, 114. A solvent person is one who is able to pay all his just debts in full out of his own present means. See Dig. 50, 16, 114. And see SOLVENCY. Lat. To pay; to comply with one's engagement; to do what one has undertaken to do; to release one's self from obligation, as by payment of a debt. Calvin. —Solvere poenas. To pay the penalty. 206. —Solvit ad diem. He paid at the day. The technical name of the plea, in an action of debt on bond, that the defendant paid the money on the day mentioned in the condition. 1 Archb. N. P. 220, 221.—Solvit ante diem. A plea that the money was paid before the day appoint ed.—Solvit post diem. He paid after the day. The plea in an action of debt on bond that the defendant paid the money after the day named for the payment, and before the commencement of the suit. 1 Archb. N. P. 222. Solvitur aclinic societas etiam morte socii. A partnership is moreover dissolved by the death of a partner. Inst. 3, 26, 5; Dig. 17, 2. In the same manner that a thing is bound it Is unloosed. Livingston v. Lynch, 4 Johns. Ch. (N. Y.) 582. A celebrated de cision of the English king's bench, in 1771, (20 How. St. Tr. 1,) that slavery no longer existed in England in any form, and could not for the future exist on English soil, and that any person brought into England as a slave could not be thence removed except by the legal means applicable in the case of any free-born person. SOLVENT. SOLVERE. SOLVIT. Lat He paid; paid. 10 East, Solvitur eo ligamine quo ligatur. SOMERSETT'S CASE.

SOMMATION.

In French law. A de

mand served by a huissier, by which one party calls upon another to do or not to do a