KFLCC Kingdom Law 2nd Ed.

SUPERINSTITUTION

1124

SUPERVISOR

previously instituted; as where A. Is ad mitted and instituted to a benefice upon one title, and B. is admitted and instituted on the title or presentment of another. 2 Cro. Eliz. 463. A church being full by institution, if a second institution is granted to the same church this is a superinstitution. Wharton. SUPERINTENDENT REGISTRAR. In English law. An officer who superintends the registers of births, deaths, and mar riages. There is one in every poor-law un ion in England and Wales. SUPERIOR. Higher; more elevated in rank or office. Possessing larger power. Entitled to command, influence, or control over another. In estates, some are superior to others. An estate entitled to a servitude or easement over another estate is called the "superior" or "dominant," and the other, the "inferior" or "servient," estate. 1 Bouv. Inst. no. 1612. In the feudal law, until the statute quia emptores precluded subinfeudations, (q. v.,) the tenant who granted part of his estate to be held of and from himself as lord was called a "superior." —Superior and vassal. In Scotch law. A feudal relation corresponding with the English "lord and tenant." Bell.—Superior courts. In English law. The courts of the highest and most extensive jurisdiction, viz., the court of chancery and the three courts of common law, i. e., the queen's bench, the common pleas, and the exchequer, which sit at Westminster, were commonly thus denominated. But these courts are now united in the supreme court of judicature. In American law. Courts of general or extensive jurisdiction, as distin guished from the inferior courts. As the official style of a tribunal, the term "superior court" bears a different meaning in different states. In some it is a court of intermediate jurisdic tion between the trial courts and the chief ap pellate court; elsewhere it is the designation of the ordinary ntsi prim courts; in Delaware it is the court of last resort.—Superior fel low servant. A term recently introduced in to the law of negligence, and meaning one higher in authority than another, and whose commands and directions his inferiors are bound to respect and obey, though engaged at the same manual work. Illinois Cent. R, Co. v. Coleman, 59 S. W. 14, 22 Ky. Law Rep. 878; Knutter v. Telephone Co., 67 N. J. Law, 646, 52 Atl. 565, 58 L. R. A. 808.—Superior force. In the law of bailments and of negligence, an uncontrollable and irresistible force, of human agency, producing results which the person in question could not avoid; equivalent to the Latin phrase "vis major." See Vis." SUPERIORITY. In Scotch law. The dominium directum of lands, without the profit. 1 Forb. Inst. pt. 2, p. 97. SUPERNUMERARII. Lat In Roman law. Advocates who were not registered or enrolled and did not belong to the col lege of advocates. They were not attached to any local jurisdiction. See STATTJTI. SUPERONERATIO. Lat. Surcharging a common; i. e., putting in beasts of a num

ber or kind other than the right of common allows. —Superoneratione pasturse. A judicial writ that lay against nim who was impleaded in the county court for the surcharge of a com mon with his cattle, in a case where he was formerly impleaded for it in the same court, and the cause was removed into one of the superior courts. SUFERPEUSAGIUM. In old English law. Overplus; surplus; residue or balance. Bract, fol. 301; Spelman. SUPERSEDE. To annul; to stay; to suspend. Thus, it is said that the proceed ings of outlawry may be superseded by the entry of appearance before the return of the exigent, or that the court would supersede a fiat in bankruptcy, if found to have been improperly issued. Brown. SUPERSEDEAS. Lat In practice. A writ ordering the suspension or superseding of another writ previously issued. It directs the officer to whom it is issued to refrain from executing or acting under another writ which is in his hands or may come to him. By a conventional extension of the term it has come to be used as a designation of the effect of any proceeding or act in a cause which, of its own force, causes a sus pension or stay of proceedings. Thus, when we say that a writ of error is a supersedeas, we merely mean that it has the same effect, of suspending proceedings in the court be low, which would have been produced by a writ of supersedeas. See Tyler v. Presley, 72 Cal. 290, 13 Pac. 856; Woolfolk v. Bruns, 45 Minn. 96, 47 N. W. 460; Hovey v. Mc Donald, 109 U. S. 150, 3 Sup. Ct. 136, 27 L. Ed. 888; Runyon v. Bennett, 4 Dana (Ky.) 599, 29 Am. Dec. 431. In English law. When lands, tenements, rents, goods, or chattels are given, secured, or appointed for and towards the maintenance of a priest or chaplain to say mass, for the maintenance of a priest or other man to pray for the soul of any dead man in such a church or else where, to have and maintain perpetual obits, lamps, torches, etc., to be used at certain times to help to save the souls of men out of purgatory,—in such cases the king, by force of several statutes, is authorized to direct and appoint all such uses to such purposes as are truly charitable. Bac. Abr. "Charitable Uses." See Methodist Church v. Remington, 1 Watts (Pa.) 225, 26 Am. Dec. 61; Harrison T. Brophy, 59 Kan. 1, 51 Pac. 883, 40 L. R. A. 721. SUPERVISOR. A surveyor or overseer; a highway officer. Also, in some states, the chief officer of a town; one of a board of county officers. —Supervisors of election. Persons appoint ed and commissioned by the judge of the cir- SUPERSTITIOUS USE.