KFLCC Kingdom Law 2nd Ed.

1123

SUPERINSTITUTION

SUMMONS

elusions of the action, with the warrant for citing the defender. This writ corresponds to the writ of summons in English procedure. Bell; Paters. Comp. —Summons and order. In English prac tice. In this phrase the summons is the ap plication to a commpn-law judge at chambers is reference to a pending action, and upon it the judge or master makes the order. Mozley & Whitley.—Summons and severance. The proper name of what is distinguished in the books by the name of "summons and severance" is "severance;" for the summons is # only a process which must, in certain cases, issue be fore judgment of severance can be given; while severance is a judgment by which, where two or more are joined in an action, one or more of these is enabled to proceed in such action without the other or others. Jacob. SUMMUM JUS. Lat Strict right; ex treme right. The extremity or rigor of the law. Summum Jus, snmma injuria; summa lex, summa crux. Extreme law (rigor of law) is the greatest injury; strict law is great punishment. Hob. 125. That is, In sistence upon the full measure of a man's strict legal rights may work the greatest Injury to others, unless equity can aid. SUMPTUARY "LAWS. Laws made for the purpose of restraining luxury or extrav agance, particularly against Inordinate ex penditures In the matter of apparel, food, furniture, eta SUNDAY. The first day of the week Is designated by this name; also as the "Lord's Day," and as the "Sabbath." SUMNER. See SOMPNOUB.

contrary to law.—Super visum corporis. Upon view of the body. When an inquest is held over a body found dead, it must be super visum corporis. Super fidem chartarum, mortuis testi bus, erit ad patriam de necessitate re currendum. Co. Litt. 6. The truth of char ters Is necessarily to be referred to a jury, when the witnesses are dead. SUPER-JURARE. Over-swearing. A term anciently used when a criminal endeav ored to excuse himself by his own oath or the oath of one or two witnesses, and the crime objected against him was so plain and notorious that he was convicted on the oaths of many more witnesses. Wharton. SUPERARE RATIONES. In old Scotch law. To have a balance of account due to one; to have one's expenses exceed the re ceipts. SUPERCARGO, An agent of the own er of goods shipped as cargo on a vessel, who has charge 6f the cargo on board, sells the same to the best advantage in the for eign market, buys a cargo to be brought back on the return voyage of the ship, and comes home with it. SUPERFICIARIUS. Lat. In the civil law. He who has built upon the soil of an other, which he has hired for a number of years or forever, yielding a yearly rent Dig. 43, 18, 1. In other words, a tenant on ground-rent SUPERFICIES. Lat. In the civil law. The alienation by the owner of the surface of the soil of all rights necessary for building on the surface, a yearly rent being generally reserved; also a building or erection. San dars' Just Inst (5th Ed.) 133. Superflua non nocent. Superfluities do not prejudice. Jenk. Cent 184. Surplusage does not vitiate. SUPERFLUOUS LANDS, in English law, are lands acquired by a railway com pany under its statutory powers, and not required for the purposes of its undertak ing. The company is bound within a cer tain time to sell such lands, and, if it does not, they vest in and become the property of the owners of the adjoining lands. Sweet. SUPERFCETATION. In medical juris prudence. The formation of a foetus as the result of an impregnation occurring after another impregnation, but before the birth of the offspring produced by it Webster. SUPERINDUCTIO. Lat. In the civil law. A species of obliteration. Dig. 28, 4, 1, 1. SUPERINSTITUTION.. The institution of one in an office to which another has been

SUO NOMINE. Lat In his own name.

SUO PERICULO. Lat At his own peril or risk.

SUFELLEZ.

Lat. In Roman law.

Household furniture. Dig. 33, 10.

SUPER. Lat Upon; above; over. —Super altum mare. On the high sea. Hob. 212; 2 Ld. Raym. 1453.—Super prsero gativa regis. A writ which formerly lay against the king's tenant's widow for marrying without the royal license. Fitzh. Nat. Brev. 174.—Super statuto. A writ, upon the stat ute 1 Eaw. III. c. 12, that lay against the king's tenant holding in chief. Who aliened the king's laud without his license.—Super statuto de articulis cleri. A writ which lay against a sheriff or other officer who dis trained in the king's highway, or on lands an ciently belonging to the church.—Super stat uto facto pour seneschal et marshal de roy, etc. A writ which lay against a steward or marshal for holding plea in his court, or for trespass or contracts not made or arising within the king's household. Wharton.—Super statuto versus servantes et laboratores. A writ which lay against him who kept any servants who had left the service of another