KFLCC Kingdom Law 2nd Ed.

SURCHARGE

1126

SUPREMA P0TESTA3

Snprema potestas seipsam dissolvere potest. Supreme power can dissolve itself. Bac. Max. SUPREMACY. The state of being su preme, or in the highest station of power; paramount authority; sovereignty; sover eign power. — Act of supremacy. The English statute 1 Ehz. c. 1, whereby the supremacy and auton omy of the crown in spiritual or ecclesiastical matters was declared and established.— Oath, of supremacy. An oath to uphold the su preme power of the kingdom of England in the person of the reigning sovereign. A court of high powers and extensive jurisdiction, existing | in most of the states. In some it is the offi cial style of the chief appellate court or court of last resort. In others (as New Jersey and New York) the supreme court is a court of general original jurisdiction, possessing also (in New York) some appellate jurisdiction, In American law. An appellate tribunal, and the court of last resort, in the state of Connecticut.— Su preme court of the United States. The court of last resort in the federal judicial sys tem. It is vested by the constitution with 1 original jurisdiction in all cases affecting am bassadors, public ministers, and consuls, and those in which a state is a party, and appellate jurisdiction over all other cases within the judicial power of the United States, both as to law and fact, with such exceptions and under such regulations as congress may make. Its appellate powers extend to the subordinate federal courts, and also (in certain cases) to the supreme courts of the several states. The court is composed of a chief justice and eight as sociate justices.— Supreme judicial court. In American law. An appellate tribunal, and the court of last resort, in the states of Maine, Massachusetts, and New Hampshire. SUPREME COURT OF JUDICATURE. The court formed by the English judicature act, 1873, (as modified by the judicature act, 1875, the appellate jurisdiction act, 1876, and the judicature acts of 1877, 1879, and 1881,) in substitution for the various su perior courts of law, equity, admiralty, pro bate, and divorce, existing when the act was passed, including the court of appeal in chan cery and bankruptcy, and the exchequer chamber. It consists of two permanent di visions, viz., a court of original jurisdiction, called the "high court of justice," and a court of appellate jurisdiction, called the "court of appeal." Its title of "supreme" is now a misnomer, as the superior appellate jurisdiction of the house of lords and privy council, which was originally intended to be transferred to it, has been allowed to remain. Sweet. — High court of justice. That branch of the English supreme court of judicature (q. v.) which exercises (1) the original jurisdiction formerly exercised by the court of chancery, the courts of queen's bench, common pleas, and exchequer, the courts of probate, divorce, and admiralty, the court of common pleas at Lan caster, the court of pleas at Durham, and the SUPREME COURT. but not the court of last resort. — Supreme court of errors.

courts of the judges or commissioners of assize: and (2) the appellate jurisdiction of such of those courts as heard appeals from inferior courts. Judicature act, 1873, § 16. The highest au thority in a state, all other powers in it be ing inferior thereto. SUPREMUS. Lat Last; the last Supremus est quern nemo sequitur. He is last whom no one follows. Dig. 50, 16, 92. SUR. Fr. On; upon; over. In the ti tles of real actions "sur" was used to point out what the writ was founded upon. Thus, a real action brought by the owner of a re version or seigniory, in certain cases where his tenant repudiated his tenure, was called "a writ of right sur disclaimer." So, a writ of entry sur disseisin was a real action to re cover the possession of land from a disseisor. Sweet. —Sur cui ante divortium. See Cui ANTB DIVOETIUM.— Sur cui in vita. A writ that lay for the heir of a woman whose husband had aliened her land in fee, and she had omitted to bring the writ of cui in mta for the recovery thereof; in which case her heir might have this writ against the tenant after her decease. Cow ell. See Cm IN VITA.— Sur disclaimer. A writ in the nature of a writ of right brought by the lord against a tenant who had disclaimed his tenure, to recover the land.— Sur mort gage. Upon a mortgage. In some states the method of enforcing the security of a mortgage, upon default, is by a writ of "scire facias sur mortgage," which requires the defendant (mort gagor) to show cause why it should not be fore closed. An overcharge; an ex action, impost, or incumbrance beyond what Is just and right, or beyond one's authority or power. "Surcharge" may mean a second or further mortgage. Wharton. To put more cattle upon a common than the herbage will sus tain or than the party has a right to do. 3 Bl. Comm. 237. In equity practice. To show that a par ticular item, in favor of the party surcharg ing, ought to have been included, but was not, in an account which is alleged to be In English law. The surcharge of a common a second time, by the same defendant against whom the common was before admeasured, and for which the unit of second surcharge was given by the statute of Westminster, 2. 3 Bl. Comm. 239.— Sur charge and falsify. This phrase, as used in the courts of chancery, denotes the liberty which these courts will occasionally grant to a plaintiff, who disputes an account which the defendant alleges to be settled, to scrutinize particular items therein without opening the entire account. The showing an item for which credit ought to have been given, but was not, is to surcharge the account; the proving an item to have been inserted wrongly is to falsify the account. Brown. See Philips v. Belden, 2 Edw. Ch. (N. Y.) 23; Rehill v. McTague, SUPREME POWER. SURCHARGE, n. SURCHARGE, v. settled or complete. —Second surcharge.