KFLCC Kingdom Law 2nd Ed.

1116

SUBJECTION

SUBROGATION

SUBJECTION. The obligation of one or more persons to act at the discretion or ac cording to the judgment and will of others. SUBJECT-MATTER. The thing in con troversy, or the matter spoken or written about. Sublata causa tollitnr effectus. Co. Litt. 303. The cause being removed the ef fect ceases. Sublata veneratione magistratuum, respnblica rait. When respect for magis trates is taken away, the commonwealth falls. Jenk. Cent. p. 43, case 81. Sublato fnndamento cadit opus. Jenk. Cent 106. The foundation being removed, the superstructure falls. Sublato principal!, tollitnr adjnnctnxn. When the principal is taken away, the inci dent is taken also. Co. Litt. 389a. SUBLEASE. A lease by a tenant to an other person of a part of the premises held by him; an under-lease. SUB-MISSION. A yielding to authority. A citizen is bound to submit to the laws; a child to his parents. In practice. A submission is a covenant by which persons who have a lawsuit or dif ference with one another name arbitrators to decide the matter, and bind themselves recip rocally to perform what shall be arbitrated. Civ. Code La. art 3099; Garr v. Gomez, 9 Wend.

SUBNOTATIONS. In the civil law. Th« answers of the prince to questions which had been put to him respecting some obscure or doubtful point of law. SUBORN. In criminal law. To procui* another to commit perjury. Steph. Crim. Law, 74. SUBORNATION OF PERJURY. In criminal law. The offense of procuring an other to take such a false oath as would con stitute perjury in the principal. See Stone v. State, 118 Ga. 705, 45 S. E. 630, 98 Am. St Rep. 145; State v. Fahey, 3 Pennewill (Del.) 594, 54 Atl. 690; State v. Geer, 46 Kan. 529, 26 Pac. 1027. SUBORNER. One who suborns or pro cures another to commit any crime, particu larly to commit perjury. SUBPOENA. The process by which the attendance of a witness is required is called a "subpoena." It is a writ or order directed to a person, and requiring his attendance at a particular time and place to testify as a wit ness. It may also require- him to bring with him any books, documents, or other things under his control which he is bound by law to produce in evidence. Code Civ. iProc. Cal. f 1985. See Dishaw v. Wadleigh, 15 App. Div. 205, 44 N. Y. Supp. 207; Alexander v. Harrison, 2 Ind. App. 47, 28 N. E. 119; Bleecker v. Carroll, 2 Abb. Prac. (N. Y.) 82. In chancery practice. A mandatory writ or process directed to and requiring one or more persons to appear at a time to come and answer the matters charged against him or them. —Subpoena ad testificandum. Subpoena to testify. The common subpoena requiring the at tendance of a witness on a trial, inquisition, or examination. 3 Bl. Comm. 369; In re Strauss, 30 App. Div. 610, 52 N". Y. Supp. 392.—Sub poena duces tecum. A subpoena used, not only for the purpose of compelling witnesses to attend in court, but also requiring them to bring vnth therru books or documents which may be in their possession, and which may tend to elucidate the subject-matter of the trial. Brown; 3 Bl. Comm. 382. SUBREPTIO. Lat In the civil law. Obtaining gifts of escheat, etc., from the king by concealing the truth. Bell; Calvin. SUBREPTION. In French law. The fraud committed to obtain a pardon, title, or grant by alleging facts contrary to truth. SUBROGATION. The substitution of one thing for another, or of one person into the place of another with respect to rights, claims, or securities. Subrogation denotes the putting a third person who has paid a debt in the place of the creditor to whom he has paid it, so as that he may exercise against the debtor all