KFLCC Kingdom Law 2nd Ed.

1098

SOVEREIGN

SOROR

SOROR. Lat In the civil law. Sister; a sister. Inst. 3, 6, 1. SORORICIDE. The killing or murder of a sister; one who murders his sister. This is not a technical term of the law. SORS. Lat. In the civil law. Lot; chance; fortune; hazard; a lot, made of wood, gold, or other material. Money bor rowed, or put out at interest. A principal sum or fund, such as the capital of a part nership. Ainsworth; Calvin. In old English law. A principal lent on interest, as distinguished from the inter est itself. A thing recovered in action, as distin guished from the costs of the action. SORTITIO. Lat In the civil law. A drawing of lqts. Sortitio judicum was the process of selecting a number of judges, for a criminal trial, by drawing lots. SOUGH. In English law. A drain or water-course. The channels or water-courses used for draining mines are so termed; and those mines which are near to any given sough, and lie within the same level, and are benefited by it, are technically said to lie within the title of that sough. 5 Mees. & W. 228; Brown. SOTJIJ SCOT. A mortuary, or customary gift due ministers, in many parishes of Eng land, on the death of parishioners. It was originally voluntary and intended as amends for ecclesiastical dues neglected to be paid in the life-time. 2 Bl. Comm. 425. SOUND, v. To have reference or relation to; to aim at. An action is technically said to sound in damages where it is brought not for the specific recovery of a thing, but for damages only. Steph. PI. 105. SOUND, adj. Whole; in good condition; marketable. So used in warranties of chat tels. See Brown v. Bigelow, 10 Allen (Mass.) 242; Hawkins v. Pemberton, 35 How. Prac (N. Y.) 383; Woodbury v. Robbins, 10 Cush. (Mass.) 522. —'Sound and disposing mind and memory. This phrase is often used in the law of wills, to signify testamentary capacity.—Sonnd mind. This term denotes the normal condition of the human mind,—that state in which its fac ulties of perception and judgment are ordinari ly well developed, and not impaired by mania, insanity, or dementia. See Daly v. Daly, 183 111. 269, 55 N. E. 671; Delafield v. Parish, 25 N. Y. 102; Wilson v. Mitchell, 101 Pa. 495; Spratt v. Spratt, 76 Mich. 384, 43 N. W. 627; Whitney v. Twombly, 136 Mass. 147; Harrison v. Rowan, 11 Fed. Oas. 661; Yoe v. McCord, 74 111. 37. SOUNDING IN DAMAGES. When an action is brought, not for the recovery of lands, goods, or sums of money, (as is the

case in real or mixed actions or the personal action of debt or detinue,) but for damages only, as in covenant, trespass, etc., the action is said to be "sounding in damages." Steph. PI. 116. See Collins v. Greene, 67 Ala. 211; Rosser v. Bunn, 66 Ala. 93. SOUNDNESS. General health; freedom from any permanent disease. 1 Car. & M. 291. SOURCES OF THE LAW. The origins from which particular positive laws derive their authority and coercive force. Such are constitutions, treaties, statutes, usages, and customs. In another sense, the authoritative or re liable works, records, documents, edicts, etc., to which we are to look for an understand ing of what constitutes the law. Such, for example, with reference to the Roman law, are the compilations of Justinian and the treatise of Gaius; and such, with reference to the common law, are especially the an cient reports and the works of such writers as Bracton, Littleton, Coke, "Fleta," and others. SOUS SEING PRIVE. Fr. In French law. Under private signature; under the private signature of the parties. A contract or instrument thus signed is distinguished from an "authentic act," which is formally concluded before a notary or judge. Civil Code La. art. 2240. SOUTH. L. FT. Under. Bendloe, 33. SOUTH SEA FUND. The produce of the taxes appropriated to pay the interest of such part of the English national debt as was advanced by the South Sea Company and its annuitants. The holders of South Sea an nuities have been paid off, or have received other stock in lieu thereof. 2 Steph. Comm. 578. SOVEREIGN. A chief ruler with su preme power; a king or other ruler with lim ited power. In English law. A gold coin of Great Britain, of the value of a pound sterling. —Sovereign people. A term familiarly used to describe the political body, consisting of the entire number of citizens and qualified electors, who, in their collegiate capacity, possess the powers of sovereignty and exercise them through their chosen representatives. See Scott v. Sand ford, 19 How. 404, 15 L. Ed. 691.—Sovereign power. That power in a state to which none other is superior or equal, and which includes all the specific powers which are necessary to accomplish the legitimate ends and purposes of government See Boggs v. Merced Min. Co., 14 Cal. 309; Donnelly v. Decker, 58 Wis. 461, 17 N. W. 389, 46 Am. Rep. 637; Com. v. Alger, 7 Cush. (Mass.) 81.—Sovereign right. A right which the state alone, or some of its governmen tal agencies, can possess, and which it possesses in the character of a sovereign, for the common benefit, and to enable it to carry out its proper functions; distinguished from such "proprieta-