KFLCC Kingdom Law 2nd Ed.

1127

8URDU8

SURPRISE

114 Pa. 82, 7 Atl. 224, 60 Am. Rep. 341; Kennedy v. Adickes, 37 S. a 174, 15 S. E. 922. SURDUS. Lat. In the civil law. Deaf; a deaf person. Inst. 2, 12, 3, Burdus et mutus, a deaf and dumb person. SURENCHERE. In French law. A par ty desirous of repurchasing property at auc tion before the court, can, by offering one tenth or one-sixth, according to the case, in addition to the price realized at the sale, oblige the property to be put up once more at auction. This bid upon a bid is called a "surenchere." Arg. Fr. Merc. Law, 575. SURETY. A surety is one who at the re quest of another, and for the purpose of se curing to him a benefit, becomes responsible for the performance by the latter of some act In favor of a third person, or hypothecates property as security therefor. Civ. Code Cal. { 2831; Civ. Code Dak. § 1673. A surety is defined as a person who, being liable to pay a debt or perform an obligation, is entitled, if it is enforced against him, to be indemnified by some other person who ought himself to have made payment or performed before the surety was compelled to do so. Smith v. Shelden, 35 Mich. 42, 24 Am. Rep. 529. And see Young v. McFadden, 125 Ind. 254, 25 N. B. 284; Wise v. Miller, 45 Ohio St 388, 14 N. E. 218; O'Conor v. Morse, 112 Cal. 31, 44 Pac. 305, 53 Am. St. Rep. 155; Hall v. Weaver (C. C.) 34 Fed. 106. —Surety company. A company, usually in corporated, whose business is to assume the responsibility of a surety on the bonds of offi cers, trustees, executors, guardians, etc., in consideration of a fee proportioned to the amount of the security required.—Surety of the peace. Surety of the peace is a species of preventive justice, and consists in obliging those persons whom there is a probable ground to suspect of future misbehavior, to stipulate with, and to give full assurance to, the public that such offense as is apprehended shall not take place, by finding pledges or securities for keeping the peace, or for their good behavior. Brown. See Hyde v. Greuch, 62 Md. 582. SURETYSHIP. The contract of surety ship is that whereby one obligates himself to pay the debt of another in consideration of credit or indulgence, or other benefit given to his principal, the principal remaining bound therefor. It differs from a guaranty in this: that the consideration of the latter is a benefit flowing to the guarantor. Code Ga. 1882, § 2148. See SURETY. Suretyship is an accessory promise by which a person binds himself for another al ready bound, and agrees with the creditor to satisfy the obligation, if the debtor does not Civ. Code La. art. 3035. A contract of suretyship is a contract whereby one person engages to be answer able for the debt default, or miscarriage of another. Pitm. Princ. & Sur. 1, 2. For the distinctions between, "suretyship" and "guaranty," see GUARANTY, n.

SURFACE WATERS. See WATEE. SURGEON. One whose profession or oc cupation is to cure diseases or injuries of the body by manual operation; one whose occupation is to cure local injuries or disor ders, whether by manual operation, or by medication and constitutional treatment Webster. See Smith v. Lane, 24 Hun (N. Y.) 632; Stewart v. Raab, 55 Minn. 20, 56 N. W. 256; Nelson v. State Board of Health, 108 Ky. 769, 57 S. W. 501, 50 L. R. A. 383. SURMISE. Formerly where a defendant pleaded a local custom, for instance, a cus tom of the city of London, it was necessary for him to "surmise," that is, to suggest that such custom should be certified to the court by the .mouth of the recorder, and without such a surmise the issue was to be tried by the country as other issues of fact are. 1 Burrows, 251; Vin. Abr. 246. A surmise is something offered to a court to move it to grant a prohibition, audita querela, or other writ grantable thereon. Jacob. In ecclesiastical practice, an allegation in a libel is called a "surmise." A collateral surmise is a surmise of some fact not appear ing in the libel. Phillim. Ecc. Law, 1445. SURNAME. The family name; the name over and above the Christian name. The part of a name which is not given in baptism; the last name; the name common to all members of a family. SURPLICE FEES. In English ecclesias tical law. Fees payable on ministerial offices of the church; such as baptisms, funerals, marriages, etc. SURPLUS. That which remains of a fund appropriated for a particular purpose; the remainder of a thing; the overplus; the residue. See People's F. Ins. Co. v. Parker, 35 N. J. Law, 577; Towery v. McGaw (Ky.) 56 S. W. 727; Appeal of Coates, 2 Pa. 137. —Surplus earnings. See EARNINGS. SURPLUSAGE. In pleading. Allega tions of matter wholly foreign and imperti nent to the cause. All matter beyond the circumstances necessary to constitute the ac tion. Sae State v. Whitehouse, 95 Me. 179, 49 Atl. 869; Adams v. Capital State Bank, 74 Miss. 307, 20 South. 881; Bradley v. Rey nolds, 61 Conn. 271, 23 Atl. 928. —Surplusage of accounts. A greater dis bursement than the charge of the accountant amounts unto. In another sense, "surplusage" is the remainder or overplus of money left. Jacob. Surplusagium non nocet. Surplusage does no harm. 3 Bouv. Inst no. 2949; Broom, Max. 627. SURPRISE. In equity practice. The act by which a party who is entering into a