SEVERAL FISHERY: See title FISHERY.

SEVERAL INHERITANCE. An inheritance conveyed in such manner as to descend or come down to two or more persons severally, and not jointly, by moieties. Cunningham.

SEVERAL TAIL. An entail severally to two: as if land is given to two men and their wives and to the heirs of their bodies begotten; here the donees have a joint estate for their two lives, and yet they have a several inheritance, because the issue of the one shall have his moiety, and the issue of the other the other moiety. Cowel.

SEVERALTY. A person is said to hold lands in severalty when he is the sole tenant thereof, and holds them in his own right only, without any other person being joined or connected with him in point of interest during his estate therein.

SEVERANCE. Singling, dividing, disjoining. Thus, in pleading, when there are several defendants in an action they may either all plead jointly one and the same defence, or each defendant may plead a separate defence for himself if he thinks such a course preferable; in which latter case he is said to "sever," and the subject generally is termed "severance in pleading." When, however, defendants have once united in the plea-that is, have pleaded a joint defence, they cannot afterwards sever at the rejoinder, or any other later stage of the pleadings. The word "severance" is also used to signify the cutting of the crops, such as corn, grass, &c. F. N. B. 78; Steph. Pl. 285, 4th ed.; 4 B. & C. 764.

SEWERS, COMMISSIONERS OF. The Court of Commissioners of Sewers is a temporary tribunal erected by virtue of a commission under the great seal. Its jurisdiction is to overlook the repairs of sea-banks and sea-walls, and the cleansing of rivers, public streams, ditches, and other conduits, whereby any waters are carried off; and is confined to such county or particular district as the commission expressly

names.

See also title METROPOLITAN SEWERS.

SHERIFF (from the Saxon scir-gerefa). A sheriff is the principal officer in every county, and has the transacting of the public business of the county. He is an officer of great antiquity, and was also called the shire-reve, reve, or bailiff. He is called in Latin vicecomes, as being the deputy of the earl or comes, to whom the custody of the shire is said to have been committed at the first division of this kingdom into counties. But the earls in process of time, on account of their high employments and attendance on the king's person, not being able to transact the business of the county, were relieved of that burden, reserving to themselves the honour, but the labour was laid on the sheriff, who now, therefore, does all the king's business in the county. The office of sheriff' lasts for one year, and his duties, which are very numerous and important, are commonly performed by his deputy, called an under-sheriff. The duties principally consist in executing writs, precepts, warrants from justices of the peace for the apprehension of offenders, &c. He was also empowered to act as judge in the County Court (or Sheriff's Court, as it was sometimes called), where actions were brought for the recovery of sums under £20: and to the present day the City of London Court, which is a County Court, is the same as the Sheriff's Court. by recent statutes (for which, see title COUNTY COURT), a new organization of County Courts has been provided, and which has little or no connection with the sheriff, a special officer (called the County Court Judge) presiding over each County Court,

But

Under the statute 28 Edw. 1, st. 3, c. 8, the election of the sheriffs of the county belonged to the freeholders of the county assembled in the County Court; but by the subsequent statute, 9 Edw. 2, st. 2, the right of election was vested in (perhaps restored to) the Crown, who made the election through its chancellor, justices, &c. By the statute 14 Edw. 3, st. 1, c. 7, it was enacted that the sheriffs of every county should be annually re-elected at the Exchequer; and the practice at the present day is regulated by the last-mentioned Act.

SHERIFF'S TOURN-continued. tourn, or rotation, is a Court of record, held twice every year before the sheriff in different parts of the county; being indeed only the turn of the sheriff to keep a Court Leet in each respective hundred. 4 Inst. 259; 2 Hawk. P. C. 55.

SHEW CAUSE, RULE TO: See title RULE.

SHIFTING USE: See title USE.

SHIP-MONEY. An ancient imposition, which, after having lain dormant for many years, was attempted to be revived by King Charles I., in 1635 and 1636, and his attempt to revive which was adjudged legal in the great Case of Ship-money (3 St. Tr. 825). It consisted of a tax levied on all the ports, towns, cities, boroughs, and counties of the realm for providing and fitting out ships of war for the king's service (Cowel; 17 Car. 1, c. 14). The tax was subsequently resolved in Parliament to be illegal, or, at all events, unconstitutional.

SHIPPING. In the Merchant Shipping Act, 1854 (17 & 18 Vict. c. 104), numerous provisions are contained regarding the entire subject of merchant shipping, including their registration, building, tonnage, ownership, and national character; also, regarding the seamen on board of them and their masters and commanders; also, regarding ship-brokers and ship-agents, pilots, &c.; also, regarding the sale or transfer and mortgage of merchant vessels, and regarding freight, charter-parties, demurrage, salvage, towage, collisions, &c. For particular information regarding these various matters, consult the various titles, and also the following titles, BILL OF LADING; BOTTOMRY; RESPONDENTIA; COURT OF ADMIRALTY; and PRIZE; also, NAVIGATION. And see generally Kay on Shipmasters.

SHIRE-MOTE. The assizes of the shire, or the assembly of the people, was so called by the Saxons. It was nearly, if not exactly, the same as the Scyr-gemote, and in most respects corresponded with what were afterwards called the County Courts.

See titles COURTS OF JUSTICE; COUNTY
COURTS.

SHORT CAUSE IN CHANCERY-cont. speedy decision of the suit, the cause is heard as a consent cause"; but if one refuses to consent, and throws obstacles in the way of its speedy decision, it may, but only if from its nature it is a proper case to be heard as a short cause, be still heard more speedily than it would be in its regular course by its entry as a "short cause" (11 Sim. 51; 2 Keen, 671; 1 Keen, 464; 2 M. & C. 452). At the present day the difference between a short cause and a consent cause is practically non-existent. 1 Dan. Ch. Pr. 800.

SI FECERIT TE SECURUM. One of the species of original writs, and which was so called from the words of the writ, which directed the sheriff to cause the defendant to appear in Court without any option given him, "provided the plaintiff gave the sheriff security" effectually to prosecute his claim.

SI NON OMNES. A writ of association of justices, by which if all in commission cannot meet at the day assigned it is allowed that two or more of them may finish the business. And after the writ of association it is usual to make out a writ

of si non omnes, directed to the first justices, and also to those who are associated to them; which, after reciting the purport of the two former commissions, commands the justices that if all of them cannot conveniently be present, such a number of them may proceed, &c. F. N. B. 111; Cowel; Tomlins.

SIDE BAR RULE: See title RULE.

SIDESMEN. Or, as they were likewise termed, synodsmen, were originally persons whom, in the ancient episcopal synods, the bishops were wont to summon out of each parish to give information of the disorders of the clergy and people. These in the process of time became standing officers, under the title of sidesmen, synodsmen, or questmen. The whole of their duties seems now to have devolved by custom upon the churchwardens of a parish. Cripps' Laws of the Church and Clergy, 180.

SIGNIFICAVIT. Was that clause of the writ de contumace capiendo which stated that a certain judge or other competent person had "signified" to the king that he against whom the writ was issued was "manifestly contumacious." It was in the following form :--" William the Fourth by the grace of God," &c., " to the sheriff of

-shire, greeting: Sir John Nicholl, Knight, Doctor of Laws, Official Principal of the Arches Court of Canterbury,

SIGNIFICAVIT―continued. lawfully constituted, hath signified to us that one A. B., Esq., of in the county of is manifestly contumacious." The" significavit" was inserted also in other writs of similar nature. Sometimes the writ itself which contained this clause was termed a "significavit." See Rex v. Ricketts, 6 Ad. & E. 537.

See also title EXCOMMUNICATO CA

PIENDO.

SIGN MANUAL. The signature or subscription of the king is termed his sign manual. There is this difference between what the sovereign does under the sign manual and what he or she does under the great seal, viz., that the former is done as a personal act of the sovereign, the latter as an act of state.

SIGNING JUDGMENT. Is the act of entering the judgment, which either the plaintiff or defendant has obtained in an action. Judgments, like the pleadings, were formerly pronounced in open Court, and are still always supposed to be so. But by a relaxation of practice, there is now, in general, except in the case of an issue in law, no actual delivery of judgment either in Court or elsewhere. The plaintiff or defendant, when the cause is in such a state that by the course of practice he is entitled to judgment, obtains the signature or allowance of the proper officer of the Court, expressing generally that judgment is given in his favour, and this is called signing judgment, and stands in the place of the actual delivery thereof by the judges themselves. And sometimes the officer only grants his permission to sign; for it has been stated that the signing of the judgment is but the leave of the master of the office for the attorney to enter the judgment for his client. Style's Prac. Reg. title "Judgment;" Steph. Pl. 122, 5th ed.

SILK GOWN. Is the professional robe worn by those barristers who have been appointed of the number of Her Majesty's counsel, and is the distinctive badge of Queen's counsel, as the stuff gown is of the "juniors" who have not attained that dignity. Accordingly, when a barrister is raised to the degree of Queen's counsel, he is said to have "got a silk gown." The right to confer this dignity resides with the Lord Chancellor, who disposes of this branch of his patronage according to the talents, the practice, the seniority, and the general merits of the junior counsel.

SIMILITER. That set form of words used by the plaintiff or defendant in an action by which he signifies his acceptance of the issue tendered by his opponent.

SIMILITER-continued.

When simply added to the adversary's pleading, containing the tender of issue, it is in the following form: "And the plaintiff [or defendant, as the case may be] doth the like." When instead of being simply added to the pleading as above explained, it is delivered to the opposite party as a separate instrument, it then runs in the following form: "And the plaintiff, as to the plea of the defendant by him above pleaded, and whereof he hath put himself upon the country, doth the like;" and in this case it is called a 66 special similiter." The use of the similiter is only applicable to issues of fact which are triable by the country (ie. a jury). It serves, says Mr. Serjeant Stephen, to mark the acceptance both of the question itself, and the mode of trial proposed, although originally it seems to have been introduced with the view to the latter point only. The resort to a jury in ancient times could in general be had only by the mutual consent of each party. It appears to have been with the object of expressing such consent, that the similiter was in those times added in drawing up the record; and from the record it afterwards found its way into the written pleadings. Accordingly, no similiter or other acceptance of issue is necessary, when recourse is had to any of the other modes of trial (Steph. Pl. 265, 266, 4th ed). By the C. L. P. Act, 1852, s. 79, either party may plead in answer to the plea or subsequent pleading of his adversary that he joins issue thereon; and in all cases where the plaintiff's pleading is in denial of the pleading of the defendant, or some part of it, the plaintiff may add a joinder of issue for the defendant. Joinder of issue in this last case is therefore equivalent to adding the similiter for the defendant. Sm. Act. at Law, 88.

SIMONY. The corrupt presentation of any one to an ecclesiastical benefice for money, gift, or reward, and any resignation or exchange for money, is corrupt, however fair the transaction may appear to be. It is said to be called "Simony" from the resemblance it bears to the sin of Simon Magus (3 Inst. 156). As to what amounts to a corrupt presentation within the intent of the Law, see Fox v. Bishop of Chester (Tud. L. C. Conv. 190), and stats. 12 Anne, st. 2, c. 12, and 3 & 4 Vict. c. 113. Generally the living must be full at the time of the sale, in order that the sale of the presentation may be free from corruption; and bonds of resignation are subjected to restraint by the stat. 9 Geo. 4, c. 94, which requires them to be made only in favour of certain relations by blood or marriage, e.g., uncle, son, brother, nephew, &c., of the patron or his wife.

SIMPLE CONTRACT. The word "simple," as applied to contracts, is used in contradistinction to special; the former including all such contracts as are entered into either verbally or by writing not sealed, that is, by any instrument not under seal (as it is termed); the latter comprehending such contracts as are entered into by the parties in writing and subscribed to by their affixing their seals to the same; and which are thence termed contracts under seal. The former species of contract are called simple, because they subsist by reason simply of the agreement of the parties, or (as some say) because their subject matter is usually of a more simple or of a less complex nature. The latter species are called special from the same obvious rea sons, viz., that the subject matter is usually of a more important or special character; hence also the reason for the former being merely verbal or written, and the latter always being in writing and sealed with the seal of the party in testimony of his assent to the subject matter of the contract. In point of form contracts are threefold, by parol, by specialty, and by matter of record. All contracts are called parol, unless they be specialties (that is, deeds under seal) or be matter of record. A written agreement not under seal is classed as a parol or simple contract, and is usually considered as such just as much as any agreement by mere word of mouth. For at Common Law there is no such class of contracts as contracts in writing contradistinguished from those by parol or specialty. If they are merely written, and not specialties, they are parol. Bonds, deeds, and the other contracts under seal are called specialties; and being of a higher order than contracts by parol, require, as was before observed, greater solemnity and accuracy in order to render them valid. Contracts by matter of record, and which are the highest kind of contracts, are such as judgments, recognizances of bail, statutes merchant, &c., and other securities of the same nature, entered into with the intervention of some public authority, as before a Court of record or a judge thereof, &c.

See further title CONTRACTS. SIMPLE LARCENY: See title LARCENY. SIMPLICITER. Simply, directly, immediately, as distinguished from inferentially or indirectly, &., e. g. “No doubt the notice (by a carrier that he will not be responsible for loss or damage to valuable goods, unless the bailor will pay a higher than ordinary rate of insurance for their carriage) operates as a limitation of liability; but the question is in what way? simpliciter? or as the foundation of a special contract?" Per Parke, B., in Wild v. Pickford, 8 M. & W. 452.

SINECURE. When a rector of a parish neither resides nor performs duty at his benefice, but has a vicar under him endowed and charged with the cure thereof, this is termed a "sinecure." And when a church has fallen down, and the parish becomes destitute of parishioners, it is said to have become a sinecure. Wood's Inst. 153.

SINE DIE (without day). When judgment is given for the defendant in an action, it is said eat inde sine die (let him go thereof without day), that is, he is discharged or dismissed out of Court.

See also title EAT INDE SINE DIE.

SINGLE BOND. A bond is called single when there is no condition added to it that if the obligor does some particular act the obligation shall be void, &c.

See title BOND.

A

SINGLE DEMISE IN EJECTMENT. declaration in ejectment might have contained either one or several demises; when it contained only one, it was said to be a declaration with a single demise. It was essential to the maintenance of an action of ejectment, that he who was alleged as making the demise should have had the legal estate in the premises sought to be recovered; and hence, whenever a doubt existed as to whether the legal estate was in one of the several persons, it was usual in framing the declaration to insert a demise by each, in which case the declaration was said to contain several demises; and the action was then entitled "John Doe on the several demises of A., B., and C.," naming the several lessors (see also title DEMISE). But now under the C. L. P. Acts, 1852 and 1860, a new method of proceeding in ejectment is provided, in which no demise at all is necessary, but the action proceeds against the actual tenant in possession as nearly as may be in accordance with the rules in other actions.

See title EJECTMENT.

SITTINGS: See title BANC; also NISI PRIUS.

SITTINGS AT NISI PRIUS: See title NISI PRIUS.

SITTINGS IN BANC: See title BANC.

SIX CLERKS. Officers belonging to the Court of Chancery, whose duties consisted in receiving and filing all bills, answers, replications, and other records in all causes on the Equity side of the Court of Chancery. They signed all copies of pleadings made by the sworn clerks and waiting clerks, after seeing that the originals were regularly filed. They examined and signed docquets of decrees and dismissions prepared for inrolment, and saw that

SIX CLERKS-continued. the records and orders were duly filed and entered, &c. They had the care of all records in their office, which remained in their studies for six terms, for the sworn clerks and waiting clerks to resort to without fee, &c. (Smith, Ch. Fr. 25). But now by General Orders I., 35, the clerks of records and writs are to perform all such duties as used to be performed by the six clerks, sworn clerks, or waiting clerks as officers of the Court, in relation to the filing, copying, and amending of all bills, demurrers, pleas, answers, and other pleadings and records; and in relation to the entrance of appearances, consents, notes, and memorandums of services; the certifying of appearances, the custody of exhibits, the inrolment of decrees, and other such like proceedings.

SLAVERY: See title VILLENAGE.

SLEEPING RENT. An expression frequently used in coal mine leases and agreements for same. It would seem to signify a fixed rent as distinguished from a render, or rent varying with the amount of coals gotten. See Jones v. Shears, 6 M. & W. 429.

SLIP. Is that part of a police-court which is divided off from the other parts of the court for the prisoner, or party charged with any offence, to stand in. It is frequently called the dock.

SMUGGLING. Importing goods which are liable to duty so as to evade payment of duty. Such goods may be seized, and the vessel forfeited; and every person on

SMUGGLING continued.

board such vessel is liable to a penalty of £100. The price of smuggled goods cannot be recovered in an action. Thomson v. Thomson, 7 Ves. 493.

SOC (soca). Power or liberty of jurisdiction, whence the word soca, signifying a seigniory enfranchised by the king with liberty of holding a court of sockmen or socagers, i.e., tenants, whose tenure is said by some to have been thence called socage. Bract. lib. 3, tract 2; Cowel.

SOCAGE (from the Fr. soc, a ploughshare). Socage tenure is the holding of lands in consideration of certain inferior services of husbandry to be performed by the tenant to the lord of the fee. Socage in its most general and extensive signification seems to denote a tenure by any certain and determinate service. And in this sense it is by our ancient writers constantly put in opposition to tenure by chivalry or knight service, where the render was precarious and uncertain. Socage is of two sorts-free socage, where the services are not only certain but honourable; and villein socage, where the services, though certain, are of a baser nature. Such as hold by the former tenure are also called in Glanvil and other authors by the names of liberi sokemanni, or tenants in free socage. Cowel; Bract. lib. 2, c. 35. By the stat. 12 Car. 2, c. 24, all the tenures by knight service were, with one or two immaterial exceptions, converted into free and common socage.

SOCAGERS. These, who were called also Socmans, Sokemans, or Socmen, were tenants who held their lands by socage tenure. The ceorles, or husbandmen, among our Saxon ancestors were of two sorts, one that hired the lord's out-land or tenementary land, like our farmers; and the other that tilled or manured his in-land or demesnes (yielding work, not rent), and were, therefore, called soc-men or plough-men. But after the Conquest the proper sockmanni, or sokemanni, were those tenants who held by no servile tenure, but commonly paid their rent as a soke, or sign of freedom, to the lord, though they were sometimes obliged to perform customary duties for the service and honour of their lord. Cowel; Les Termes de la Ley.

SOCIÉTÉ. In French Law is the so cietas of Roman Law and the partnership of English Law. Every société is either (1.) Universelle; being either

(a.) Of all present property; or, (b.) Of all future gains; or, (2.) Particulière; being a particular contract for one definite enterprise.