SUBLEASE. A lease by a tenant to another tenant of a part of the
premises held by him; an underlease.
SUBMISSION. A yielding to authority. A citizen is bound to submit to
the laws; a child to his parents; a servant to his master. A victor may enforce,
the submission of his enemy.
2. When a captor has taken a prize, and the vanquished have submitted to his
authority, the property, as between the belligerents, has been transferred. When
there is complete possession on one side, and submission upon the other, the
capture is complete. 1 Gallis. R. 532.
SUBMISSION, contracts. An agreement by which persons who have a
law-suit or difference with one another, name arbitrators to decide the matter,
and bind themselves reciprocally to perform what shall be arbitrated.
2. The submission may be by the act of the parties simply, or through the
medium of a court of law or equity. When it is made by the parties alone it may
be in writing or not in writing. Kyd on Aw. 11; Caldw. on Arb. 16; 6 Watts' R.
357. When it is made through the medium of a court, it is made a matter of
record by rule of court. The extent of the submission may be various, according
to the pleasure of the parties; it may be of only one, or of all civil matters
in dispute, but no criminal matter can be referred. It is usual to put in a time
within which the arbitrators shall pronounce their award. Caldw. on Arb. ch. 3;
Kyd on Awards, ch. 1; Civ. Code of Lo. tit. 19 3 Vin. Ab. 131; 1 Supp. to Ves.
jr. 174; 6 Toull. n. 827; 8 Toull. n. 332; Merl. Repert. mot Compromis; 1 S.
& R. 24; 5 S. & R. 51; 8 S. & R. 9; 1 Dall. 164; 6 Watts, R. 134; 7
Watts, R. 362; 6 Binn. 333, 422; 2 Miles, R, 169; 3 Bouv. Inst. n. 2483, et seq.
SUB MODO. Under a qualification; a legacy may be given sub modo, that
is, subject to a condition or qualification.
SUBNOTATIONS, civ. law. The answers of the prince to questions which
had been put to him respecting some obscure or doubtful point of law. Vide
SUBORNATION OF PERJURY, crim. law. The procuring another to commit
legal perjury, who in consequence of the persuasion takes the oath to which be
has been incited. Hawk. B. 1, c. 69, s. 10.
2. To complete the offence, the false oath must be actually taken, and no
abortive attempt (q. v.) to solicit will complete the crime. Vide To Dissuade;
3. But the criminal solicitation to commit perjury, though unsuccessful, is a
misdemeanor at common law. 2 East, Rep. 17; 6 East, R. 464; 2 Chit. Crim. Law,
317; 20 Vin. Ab. 20. For a form of an indictment for an attempt to suborn a
person to commit perjury, vide 2 Chit. Cr. Law, 480; Vin. Ab. h. t.
4. The act of congress of March 3, 1825, §13, provides, that if any person
shall knowingly or wilfully procure any such perjury, mentioned in the act, to
be committed, every such person so offending, shall be guilty of subornation of
perjury, and shall, on conviction thereof, be punished by fine, not exceeding
two thousand dollars, and by imprisonment and confinement to hard labor, not
exceeding five years, according to the aggravation of the offence.
SUBPOENA, practice, evidence. A process to cause a witness to appear
and give testimony, commanding him to lay aside all pretences and excuses, and
appear before a court or magistrate therein named, at a time therein mentioned,
to testify for the party named, under a penalty therein mentioned. This is
usually called a subpoena ad testificandum.
2. On proof of service of a subpoena upon the witness, and that he, is
material, an attachment way be issued against him for a contempt, if he neglect
to attend as commanded.
SUBPOENA, chancery practice. A mandatory writ or process, directed to
and requiring one or more persons to appear at a time to come, and answer the
matters charged against him or them; the writ of subpoena was originally a
process in the courts of common law, to enforce the attendance of a witness to
give evidence; but this writ was used in the court of chancery for the game
purpose as a citation in the courts of civil and canon law, to compel the
appearance of a defendant, and to oblige him to answer upon oath the allegations
of the plaintiff.
2. This writ was invented by John Waltham, bishop of Salishury, and
chancellor to Rich. II. under the authority of the statutes of Westminster 2,
and 13 Edw. I. c. 34, which enabled him to devise new writs. 1 Harr. Prac. 154;
Cruise, Dig. t. 11, c. 1, sect. 12-17. Vide Vin. Ab. h. t.; 1 Swanst. Rep. 209.
SUBPOENA DUCES TECUM, practice. A writ or process of the same kind as
the subpoena ad testificandum, including a clause requiring the witness to bring
with him and produce to the court, books, papers, &c., in his hands, tending
to elucidate the matter in issue. 3 Bl. Com. 382.
SUB PEDE SIGILLI. Under the foot of the seal; under seal. This
expression is used when it is required that a record should be certified under
the seal of the court.
SUB POTESTATE. Under or subject to the power of another; as, a wife is
under the power of her hushand; a child subject to that of his father; a slave
to that of his master.
SUBREPTION, French law. By this word is understood the fraud committed
to obtain a pardon, title, or grant, by alleging facts contrary to truth.
SUBROGATION, civil law, contracts. The act of putting by a transfer, a
person in the place of another, or a thing in the place of another thing. It is
the substitution (q. v.) of a new for an old creditor, and the succession to his
rights, which is called subrogation; transfusio unius creditoris in alium. It is
precisely the reverse of delegation. (q. v.)
2. There are three kinds of subrogation: 1. That made by the owner of a thing
of his own free will; example, when be voluntarily assigns it. 2. That which
arises in consequence of the law, even without the consent of the owner;
example, when a man pays a debt which could not be properly called his own, but
which nevertheless it was his interest to pay, or which he might have been
compelled to pay for another, the law subrogates him to all the rights of the
creditor. Vide 2 Binn. Rep. 382; White's L. C. in Eq.* 60-72. 3. That which
arises by the act of law joined to the act of the debtor; as, when the debtor
borrows money expressly to pay off his debt, and with the intention of
substituting the lender in the place of the old creditor. 7 Toull. liv. 3, t. 3,
c. 5, sect. 1, §2. Vide Civ. Code of Louisiana, art. 2155 to 2158; Merl. Repert.
h. t.; Dig. lib. 20; Code, lib. 8, t. 18 et 19 9 Watts. R. 451; 6 Watts &
Serg. 190; 2 Bouv. Inst. n. 1413.
SUBSCRIBING WITNESS. One who subscribes his name to a writing in order
to be able at a future time to prove its due execution; an attesting witness.
2. In order to make a good subscribing witness, it is requisite he Should
sign his name to the instrument himself, at the time of its execution, and at
the request or with the assent of the party. 6 Hill, N. Y. R. 303; 11 M. &
W. 168; 1 Greenl. Ev. §569 a, 4th ed. See Witness instrumentary; 5 Watts, 399.
SUBSCRIPTION, contracts. The placing a signature at the bottom of a
written or printed engagement; or it is the attestation of a witness by so
writing his name; but it has been holden that the attestation of an illiterate
witness, by making his mark, is a sufficient subscription. 7 Bing. 457; 2 Ves.
454; Atk. 177; 1 Yes. jr. 11; 3 P. Wms. 253; 1 V. & B. 362. Vide To sign.
2. By subscription is also understood the act by which a person contracts, in
writing, to furnish a sum of money for a particular purpose; as, a subscription
to a charitable institution, a subscription for a book, for a newspaper, and the
SUBSCRIPTION LIST. The names of persons who have agreed to take a
newspaper, magazine or other publication, placed upon paper, is a subscription
2. This is, an incident to a newspaper, and passes with the sale of the
printing materials. 2 Watts, 111.
SUBSIDY, Engl. law. An aid, tax or tribute granted by parliament to
the king for the urgent occasions of the kingdom, to be levied on every subject
of ability, according to the value of his lands or goods. Jacob's Law. Dict. h.
2. The assistance given in money by one nation to another to enable it the
better to carry on a war, when such nation does not join directly in the war, is
called a subsidy. Vattel, liv. 3, §82. See Neutrality.
SUB SILENTIO. Under silence, without any notice being taken. Sometimes
passing a thing sub silentio is evidence of consent. See Silence.
SUBSTANCE, evidence. That which is essential; it is used in opposition
2. It is a general rule, that on any issue it is sufficient to prove the
substance of the issue. For example, in a case where the defendant pleaded
payment of the principal sum and all interest due, and it appeared in evidence
that a gross sum was paid, not amounting to the full interest, but accepted by
the plaintiff as full payment, the proof was held to be sufficient. 2 Str. 690;
1 Phil. Ev. 161.
SUBSTITUTE, contracts. One placed under another to transact business
for him; in letters of attorney, power is generally given to the attorney to
nominate and appoint a substitute.
2. Without such power, the authority given to one person cannot in general be
delegated to another, because it is a personal trust and confidence, and is not
therefore transmissible. The authority is given to him to exercise his judgment
and discretion, and it cannot be said that the trust and confidence reposed in
him shall be exercised at the discretion of another. 2 Atk. 88; 2 Ves. 645. But
an authority may be delegated to another, when the attorney has express power to
do so. Bunb. 166; T. Jones, 110. See Story, Ag. §§13, 14. When a man is drawn in
the militia, he may in some cases hire a substitute.
SUBSTITUTES, Scotch law. Where an estate is settled on a long series
of heirs, substituted one after another, in tailzie, the person first called in
the tailzies, is the institute; the rest, the beirs of tailzie; or the
substitutes. Ersk. Princ. L. Scotl. 3, 8, 8. See Tailzie; Institute.
SUBSTITUTION, civil law. In the law of devises, it is the putting of
one person in the place of another, so that he may, in default of ability in the
former, or after him, have the benefit of a devise or legacy.
2. It is a species of subrogation made in two different ways; the first is
direct substitution, and the latter a trust or fidei commissary substitution.
The first or direct substitution, is merely the institution of a second legatee,
in case the first should be either incapable or unwilling to accept the legacy;
for example, if a testator should give to Peter his estate, but in case he
cannot legally receive it, or he wilfully refuses it, then I give it to Paul;
this is a direct substitution. Fidei commissary substitution is that which takes
place when the person substituted is not to receive the legacy until after the
first legatee, and consequently must receive the thing bequeathed from the hands
of the latter for example, I institute Peter my heir, and I request that at his
death he shall deliver my succession to Paul. Merl. Repert. h. t.; 5 Toull. 14.
SUBSTITUTION, chancery practice. This takes place in a case where a
creditor has a lien on two different parcels of land, and another creditor has a
subsequent lien on one only of the parcels, and the prior creditor elects to
have his whole demand out of the parcel of land on which the subsequent creditor
takes his lien; the latter is entitled, by way of substitution, to have the
prior lien assigned to him for his benefit. 1 Johns. Ch. R. 409; 2 Hawk's Rep.
623; 2 Mason, R. 342. And in a case where a bond creditor exacts the whole of
the debt from one of the sureties, that surety is entitled to be substituted in
his place, and to a cession of his rights and securities, as if be were a
purchaser, either against the principal or his co-sureties. Id. 413; 1 Paige's
R. 185; 7 John. Ch. Rep. 211; 10 Watts, R. 148.
2. A surety on paying the debt is entitled to stand in the place of the
cre-ditor and to be subrogated to all his rights against the principal. 2 Johns.
Ch. R. 454. 4 Johns. Ch. R. 123; 1 Edw. R. 164; 7 John. R. 584; 3 Paige's R.
117; 2 Call, R. 125; 2 Yerg. R. 346; 1 Gill & John. 346; 6 Rand. R. 98,; 8
Watts, R. 384. In Pennsylvania it is provided by act of assembly, that in all
cases where a constable shall be entrusted with the execution of any process for
the collection of money, and by neglect of duty shall fail to collect the same,
by means whereof the bail or security of such constable shall be compelled to
pay the amount of any judgment shall vest in the person paying, as aforesaid,
the equitable interest in such judgment, and the amount due upon any such
judgment may be collected in the name of the plaintiff for the use of such
person. Pamphlet Laws, 1828-29, p. 370. Vide 2 Binn. R. 382, and Subrogation.
SUBSTRACTION, French law. The act of taking something fraudulently; it
is generally applied to the taking of the goods of the estate of a deceased
person fraudulently. Vide Expilation.
SUB-TENANT. The same as under-tenant. See Under-leaser; Under-tenant,
and 1 Bell's Com. 76.
SUBTRACTION. The act of withhold ing or detaining anything unlawfully.
SUBTRACTION OP CONJUGAL RIGHTS. The act of a hushand or wife by living
separately from the other without a lawful cause. 3 Bl. Com. 94.
SUCCESSION, in Louisiana. The right and transmission of the rights an
obligations of the deceased to his heirs. Succession signifies also the estate,
rights and charges which a person leaves after his death, whether the property
exceed the charges, or the charges exceed the property, or whether he has left
only charges without property. The succession not only includes the rights and
obligations of the deceased, as they exist at the time of his death, but all
that has accrued thereto since the opening of the succession, as also of the new
charges to which it becomes subject. Finally, succession signifies also that
right by which the beir can take possession of the estate of the de-ceased, such
as it may be.
2. There are three sorts of successions, to wit: testamentary succession;
legal succession; and, irregular succession. 1. Testamentary succession is that
which results from the constitution of the heir, contained in a testament
executed in the form prescribed by law. 2. Legal succession is that which is
established in favor of the nearest relations of the deceased. 3. Irregular
succession is that which is established by law in favor of certain persons or of
the state in default of heirs either legal or instituted by testament. Civ.
Code, art. 867-874.
3. The lines of a regular succession are divided into three, which rank among
themselves in the following order: 1. Descendants. 2. Ascendants. 3.
Collaterals. See Descent. Vide Poth. Traite des Successions lbid. Coutumes
d'Orleans, tit. 17 Ayl. Pand. 348; Toull. liv. 3, tit. 1; Domat, h. t.; Merl.
Repert. h. t.
SUCCESSION, com. law. The mode by which one set of persons, members of
a corporation aggregate, acquire the rights of another set which preceded them.
This term in strictness is to be applied only to such corporations. 2 Bl. Com.
SUCCESSOR. One who follows or comes into the place of another.
2. This term is applied more particularly to a sole co6-oration, or to any
corporation. The word beir is more correctly applicable to a common person who
takes an estate by descent. 12 Pick. R. 322; Co. Litt. 8 b.
3. It is also used to designate a person who has been appointed or elected to
some office, after another person.
TO SUE. To prosecute or commence legal proceedings for the purpose of
recovering a right.
SUFFRAGE, government. Vote; the act of voting.
2. The right of suffrage is given by the constitution of the United States,
art. 1, s. 2, to the electors in each state, as shall have the qualifications
requisite for electors of the most numerous branch of the state legislature.
Vide 2 Story on the Const. §578, et seq.; Amer. Citiz. 201; 1 Bl. Com. 171; 2
Wils. Lect. 130; Montesq. Esp. des Lois, Ii v. 11, c. 6; 1 Tucker's Bl. Com.
App. 52, 3. See Division of opinion.
SUFFRANCE. The permitting a tenant who came in by a lawful title, to
remain after his right has expired. Vide Estates at suffrance.
SUGGESTIO FALSI. A statement of a falsehood. This amounts to a fraud
when-ever the party making it was bound to disclose the truth.
2. The following is an example of a case where chancery will interfere and.
set aside a contract as fraudulent, on account of the suggestio falsi: a
purchaser applied to the seller to purchase a lot of wild land, and represented
to him it was worth nothing, except for a sheep pasture, when he knew there was
a valuable mine on the lot, of which the seller was ignorant. The sale was set
aside. 2 Paige, 390; 4 Bouv. Inst. n. 3837, et seq. Vide Concealment;
Misrepresentation; Representation; Suppressio veri.
SUGGESTION. In its literal sense this word signifies to inform, to
insin-uate, to instruct, to cause to be remembered, to counsel. In practice it
is used to convey the idea of information; as, the defendant suggests the death
of one of the plaintiffs. 2 Sell. Pr. 191.
2. In wills, when suggestions are made to a testator for the purpose of
procuring a devise of his property in a particular way, and when such
suggestions are false, they generally amount to a fraud. Bac. Ab. Wills, G 3; 5
Toull. n. 706.
SUGGESTIVE INTERROGATION. This phrase has been used by some writers to
signify the same thing as leading question. (q. v.) 2 Benth. on Ev. b. 3, c. 3.
It is used in the French law. Vide Question.
SUI JURIS. One who has all the rights to which a freemen is entitled;
one who is not under the power of another, as a slave, a minor, and the like.
2. To make a valid contract, a person must, in general, be sui juris. Every
one of full age is presumed to be sui juris. Story on Ag. p. 10.