KFLCC Kingdom Law 2nd Ed.

1102

SPONTE VIRUM MUL1KR

SPIRITUALITIES

contra spoliatorem omnia prcesumuntur. 1 Smith, Lead. Cas. 315. Spoliatns debet ante omnia restitni. A party despoiled [forcibly deprived of pos session] ought first of all to be restored. 3 Inst 714; 4 Reeve, Bug. Law, 18. SPOLIUM. Lat. In the civil and com mon law. A thing violently or unlawfully taken from another. SPONDEO. Lat In the civil law. I undertake; I engage. Inst 3, 16, 1. SPONDES? SPONDEO. Lat Do you undertake? I do undertake. The most com mon form of verbal stipulation in the Roman law. Inst 3, 16, 1. Spondet peritiam artis. He promises the skill of his art; he engages to do the work in a skillful or workmanlike manner. 2 Kent, Comm. 588. Applied to the engage ments of workmen for hire. Story, Bailm. I 428. SPONSALIA, STIPULATIO SPONSA LITIA. Lat In the civil law. Espousal; betrothal; a reciprocal promise of future marriage. SPONSIO. Lat In the civil law. An engagement or undertaking; particularly such as was made in the form of an answer to a formal interrogatory by the other party. Calvin. An engagement to pay a certain sum of money to the successful party in a cause. Calvin. — Sponsio judicialis. In Roman law. A ju dicial wager corresponding in some respects to the "feigned issue" of modern practice.— Spon sio lndicra. A trifling or ludicrous engage ment, such as a court will not sustain an ac tion for. 1 Karnes, Eq. Introd. 34. An inform al undertaking, or one made without the usual formula of interrogation. Calvin. SPONSIONS. In International law. Agreements or engagements made by certain public officers (as generals or admirals in time of war) in behalf of their governments, either without authority 'or in excess of the authority under which they purport to be made, and which therefore require an express or tacit ratification. SPONSOR. A surety; one who makes a promise or gives security for another, partic ularly a godfather in baptism. In the civil law. One who intervenes for another voluntarily and without being re quested. SPONTE OBLATA. Lat A free gift or present to the crown. Sponte virum mnlier fugiens et adul tera facta, dote sua careat, nisi sponsi sponte retraota. Co. Litt 32o. Let a

SPIRITUALITIES OF A BISHOP. Those profits which a bishop receives in his ecclesiastical character, as the dues arising from his ordaining and instituting priests, and such like, in contradistinction to those profits which he acquires in his temporal ca pacity as a baron and lord of parliament, and which are termed his "temporalities," consisting of certain lands, revenues, and lay fees, etc. Cowell. SPIRITUALITY OF BENEFICES. In ecclesiastical law. The tithes of land, etc. Wharton. SPIRITUOUS LIQUORS. These are in flammable liquids produced by distillation, and forming an article of commerce. See Blankenship v. State, 93 Ga. 814, 21 S. E. 130; State v. Munger, 15 Vt. 293; Allred v. State, 89 Ala. 112, 8 South. 56; Clifford v. State, 29 Wis. 329. The phrase "spirituous liquor," in a penal statute, cannot be extended beyond its exact lit eral sense. Spirit is the name of an inflamma ble liquor produced by distillation. Wine is the fermented juice of the grape, or a prepara tion of other vegetables by fermentation; hence the term does not include wine. State v. Moore, 5 Blackf. (Ind.) 118. A charitable foundation; a hospital for diseased people; a hospital. Cowell. SPLITTING A CAUSE OF ACTION. Dividing a single cause of action, claim, or demand into two or more parts, and bring ing suit for one of such parts only, intending to reserve the rest for a separate action. The plaintiff who does this is bound by his first judgment, and can recover no more. 2 Black, Judgm. § 734. SPOLIATION. In English ecclesias tical law. An injury done by one clerk or incumbent to another, in taking the fruits of his benefice without any right to them, but under a pretended title. 3 Bl. Comm. 90, 91. The name of a suit sued out in the spirit ual court to recover for the fruits of the church or for the church itself. Fitzh. Nat. Brev. 85. In torts. Destruction of a thing by the act of a stranger, as the erasure or altera tion of a writing by the act of a stranger, is called "spoliation." This has not the effect to destroy its character or legal effect. 1 Greenl. Ev. § 566; Medlin v. Piatt County, 8 Mo. 239, 40 Am. Dec. 135; Crockett v. Thomason, 5 Sneed (Tenn.) 344. A spoiler or de stroyer. It is a maxim of law, bearing chiefly on evidence, but also upon the value generally of the thing destroyed, that every thing most to his disadvantage is to be pre sumed against the destroyer, (spoliator,) SPITAL, or SPITTLE. SPOLIATOR. Lat.