KFLCC Kingdom Law 2nd Ed.

1117

SUBSTANTIAL DAMAGES

SUBROGATION

whether for the purpose of authenticating or attesting it, of adopting its terms as one's own expressions, or of binding one's self by an engagement which it contains. Subscription is the act of the hand, while attestation is the act of the senses. To sub scribe a paper published as a will is only to write on the same paper the name of the wit ness; to attest a will is to know that it was published as such, and to certify the facts re quired to constitute an actual and legal publica tion. In re Downie's Will, 42 Wis. 66, 76. A written contract by which one engages to contribute a sum of money for a desig nated purpose, either gratuitously, as in the case of subscribing to a charity, or in consid eration of an equivalent to be rendered, as a subscription to a periodical, a forthcoming book, a series of entertainments, or the like. — Subscription list. A list of subscribers to some agreement with each other or a third per son. SUBSEIXIA. Lat In Roman law. Lower seats or benches, occupied by the ju dices and by inferior magistrates when they sat in judgment, as distinguished from the tribunal of the praetor. Calvin. Subsequens matrim.on.ium tollit pecca tum prsecedens. A subsequent marriage [of the parties] removes a previous fault, •. e., previous illicit intercourse, and legitimates the offspring. A rule of Roman law. SUBSEQUENT CONDITION. See CON DITION. SUBSIDY. In English law. An aid, tax, or tribute granted by parliament to the king for the urgent occasions of the king dom, to be levied on every subject of ability, according to the value of his lands or goods. Jacob. In American law. A grant of money made by government in aid of the promoters of any enterprise, work, or improvement in which the government desires to participate, or which is considered a proper subject for state aid, because likely to be of benefit to the public. In international law. The assistance given in money by one nation to another to enable it the better to carry on a war, when such nation does not join directly in the war. Vattel, bk. 3, § 82. SUBSTANCE. Essence; the material or essential part of a thing, as distinguished from "form." See State v. Burgdoerfer, 107 Mo. 1, 17 S. W. 646, 14 L, R. A. 846; Hugo v. Miller, 50 Minn. 105, 52 N. W. 381; Pierson v. Insurance Co., 7 Houst (Del.) 307, 31 Atl. 966. SUBSTANTIAL DAMAGES. A sum, as sessed by way of damages, which is worth having; opposed to nominal damages, which

the rights which the creditor, if unpaid, might have done. Brown. The equity by which a person who is second arily liable for a debt, and has paid it 2 is put in the place of the creditor, so as to entitle hira to make use of all the securities and remedies possessed by the creditor, in order to enforce the right of exoneration as against the principal dtbtor, or of contribution against others who are liable in the same rank as himself. Bisp. Eq. § 335. And see Fuller v. Davis, 184 111. 505, 56 N. E. 791; Chaffe v. Oliver, 39 Ark. 542; Cockrum v. West, 122 Ind. 372, 23 N. E. 140; Mansfield v. New York, 165 N. Y. 208, 58 N. E. 889; Knighton v. Curry, 62 Ala. 404; Gatewood v. Gatewood, 75 Va. 411. Subrogation is of two kinds, either conven tional or legal; the former being where the subrogation is express, by the acts of the creditor and the third person; the latter be ing (as in the case of sureties) where the sub rogation is effected or Implied by the opera tion of the law. See Gordon v. Stewart, 4 Neb. (Unof.) 852, 96 N. W. 628; Connecticut Mut. L. Ins. Co. v. Cornwell, 72 Hun, 199, 25 N. Y. Supp. 348; Seeley v. Bacon (N. J. Ch.) 34 Atl. 140; Home Sav. Bank v. Bier stadt, 168 111. 618, 48 N. E. 161, 61 Am. St Rep. 146. SUBROGEE. A person who is subrogat ed; one who succeeds to the rights of another by subrogation. SUBSCRIBE. In the law of contracts. To write under; to write the name under; to write the name at the bottom or end of a writing. Wild Cat Branch v. Ball, 45 Ind< 213; Davis v. Shields, 26 Wend. (N. Y.) 341. SUBSCRIBER. One who writes his name under a written instrument; one who affixes his signature to any document, wheth er for the purpose of authenticating or attest ing it, of adopting its terms as his own ex pressions, or of binding himself by an engage ment which it contains. SUBSCRIBING WITNESS. He who witnesses or attests the signature of a party to an instrument, and in testimony thereof subscribes his own name to the document. A subscribing witness is one who sees a writing executed, or hears it acknowledged, and at the request of the party thereupon signs his name as a witness. Code Civ. Proc. Cal. § 1935. SUBSCRIPTIO. Lat In the civil law. A. writing under, or under-writing; a writ ing of the name under or at the bottom of an instrument by way of attestation or ratifica tion; subscription. That kind of imperial constitution which was granted in answer to the prayer of a pe titioner who was present. Calvin. SUBSCRIPTION. The act of writing one's name under a written instrument; the affixing one's signature to any document,