KFLCC Kingdom Law 2nd Ed.

SUBSTANTIVE LAW

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SUBVASS0RE3

are assessed to satisfy a bare legal right. Wharton. SUBSTANTIVE LAW. That part of the law which the courts are established to ad minister, as opposed to the rules according to which the substantive law itself is adminis tered. That part of the law which creates, defines, and regulates rights, as opposed to adjective or remedial law, which prescribes the method of enforcing rights or obtaining redress for their invasion. SUBSTITUTE. One appointed In the place or stead of another, to transact business for him ; a proxy. A person hired by one who has been draft ed into the military service of the country, to go to the front and serve in the army in his stead. SUBSTITUTED EXECUTOR. One ap pointed to act in the place of another execu tor upon the happening of a certain event; e. g., if the latter should refuse the office. SUBSTITUTED SERVICE. In English practice. Service of process made under authorization of the court upon some other person, when the person who should be serv ed cannot be found or cannot be reached. In American law. Service of process up on a defendant in any manner, authorized by statute, other than personal service within the jurisdiction; as by publication, by mail ing a copy to .his last known address, or by personal service in another state. SUBSTITUTES. In Scotch law. The person first called or nominated in a tailzie {entailment of an estate upon a number of heirs in succession) is called the "institute" or "heir-institute;" the rest are called "sub stitutes." SUBSTITUTIO H.BSREDIS. Lat In Roman law, it was competent for a testator after instituting a hares (called the "hceres institutus") to substitute another (called the "hwres substitutus") in his place in a certain event. If the event upon which the substitu tion was to take effect was the refusal of the instituted heir to accept the inheritance at all, then the substitution was called "vul garis," (or common;) but if the event was the death of the infant (pupillus) after ac ceptance, and before attaining his majority, (of fourteen years if a male, and of twelve years if a female,) then the substitution was called "pupillaris," (or for minors.) Brown. SUBSTITUTION. In the civil law. The putting one person in place of another; particularly, the act of a testator in naming a second devisee or legatee who is to take the bequest either on failure of the original devisee or legatee or after him.

In Scotch law. The enumeration or des ignation of the heirs in a settlement of prop erty. Substitutes in an entail are those heirs who are appointed in succession on failure of others. SUBSTITUTIONAL, SUBSTITUTION ARY. Where a will contains a gift of prop erty to a class of persons, with a clause pro viding that on the death of a member of the class before the period of distribution his share is to go to his issue, (if any,) so as to substitute them for him, the gift to the issue is said to be substitutional or substitutionary. A bequest to such of the children of A. as shall be living at the testator's death, with a direction that the issue of such as shall have died shall take the shares which their parents would have taken, if living at the testator's death, is an example. Sweet. See Acken v. Osborn, 45 N. J. Eq. 377, 17 Atl. 767; In re De Laveaga's Estate, 119 Cal. 651, 51 Pac 1074. SUB STRACTION. In French law. The fraudulent appropriation of any property, but particularly of the goods of a decedent's estate. SUBTENANT. An under-tenant; one who leases all or a part of the rented premises from the original lessee for a term less than that held by the latter. Forrest v. Durnell, 86 Tex. 647, 26 S. W. 481. SUBTRACTION. The offense of with holding or withdrawing from another man what by law he is entitled to. There are various descriptions of this offense, of which the principal are as follows: (1) Subtraction of suit and services, which is a species of in jury affecting a man's real property, and con sists of a withdrawal of (or a neglect to per form or pay) the fealty, suit of court, rent, or services reserved by the lessor of the land, <2) Subtraction of tithes is the withholding from the parson or vicar the tithes to which he is entitled, and this is cognizable in the ecclesiastical courts. (3) Subtraction of con jugal rights is the withdrawing or withhold ing by a husband or wife of those rights and privileges which the law allows to either party. (4) Subtraction of legacies is the withholding or detaining of legacies by an executor. (5) Subtraction of church rates, in English law, consists in the refusal to pay the amount of rate at which any individual parishioner has been assessed for the neces sary repairs of the parish church. Brown. —Subtraction of conjugal rights. The act of a husband or wife living separately from the other without a lawful cause. 3 Bl. Comm. 94. SUBURBAN!. Lat In old English law. Husbandmen. SUBVASSORES. In old Scotch law. Base holders; inferior holders; they who held their lands of knights. Skene.