SUICIDE, crimes, med. jur. The act of malicious self-murder; felo de
se. (q. v.) 3 Man. Gran. & Scott, 437, 457, 458; 1 Hale, P. C.. 441. But it
has been decided in England that where a man's life was insured, and the policy
contained a proviso that "every policy effected by a person on his or her own
life should be void, if such person should commit suicide, or die by duelling or
the hands of justice," the terms of the condition included all acts of voluntary
self-destruction, whether the insured at the time such act was committed, was or
was not a moral responsible agent. 3 Man. Gr. & Scott, 437. In New York it
has been held, that an insane person cannot commit suicide, because. such person
has no will. 4 Hill' 3 R. 75.
2. It is not punishable it is believed in any of the United States, as the
unfortunate object of this offence is beyond the reach of human tribunals, and
to deprive his family of the property he leaves would be unjust.
3. In cases of sudden death, it is of great consequence to ascertain, on
finding the body, whether the deceased has been murdered, died suddenly of a
natural death, or whether he has committed suicide. By a careful examination of
the position of the body, and of the circumstances attending it, it can be
generally ascertained whether the deceased committed suicide, was murdered, or
died a natural death. But there are sometimes cases of suicide which can
scarcely be distinguished from those of murder. A case of suicide is mentioned
by Doctor Devergie, (Annales d'Hygiene, transcribed by Trebuchet, Jurisprudence
de la Medecine, p. 40,) which bears a striking analogy to a murder. The
individuul went to the cemetery of Pere la Chaise, near Paris, and with a razor
inflicted a wound on himself immediately below the os hyoide; the first blow
penetrated eleven lines in depth; a second, in the wound made by the first,
pushed the instrument to the depth of twenty-one lines; a third extended as far
as the posterior of the pharynx, cutting the muscles which attached the tongue
to the oshyoide, and made a wound of two inches in depth. Imagine an enormous
wound, immediately under the chin, two inches in depth, and three inches and
three lines in width, and a foot in circumference; and then judge whether such
wound could not be easily mistaken as having been made by a stranger, and not by
the deceased. Vide Death, and 1 Briand, Med. Leg. 2e partie, c. 1, art. 6.
SUIT. An action. The word suit in the 25th section of the judiciary act of
1789, applies to any proceeding in a court of justice, in which the plaintiff
pursues, in such court, the remedy which the law affords him. An application for
a prohibition is therefore a suit. 2 Pet. 449. According to the code of practice
of Louisiana, art. 96, a suit is a real, personal or mixed demand, made before a
competent judge, by which the parties pray to obtain their rights, and a
decision of their disputes. In that acceptation, the words suit, process and
cause, are in that state almost synonymous. Vide Secta, and Steph. Pl. 427; 3
Bl. Com. 395; Gilb. C. P. 48; 1 Chit. Pl. 399; Wood's Civ. Law, b. 4, c. p. 315;
4 Mass. 263; 18 John. 14; 4 Watts, R. 154; 3 Story, Const. §1719. In its most
extended sense, the word suit, includes not only a civil action, but also a
criminal prosecution, as indictment, information, and a conviction by a
magistrate. Ham. N. P. 270.
SUITE. Those persons, who by his authority, follow or attend an
ambassador or other public minister.
2. In general the suite of a minister are protected from arrest, and the
inviolability of his person is communicated to those who form his suite. Vattel,
lib. 4, c. 9, §120. See 1 Dall. 177; Baldw. 240; and Ambassador.
SUITOR. One who is a party to a suit or action in court. One who is a
party to an action. In its ancient sense, suitor meant one Who was bound to
attend the county court, also, one who formed part of the secta. (q. v.)
SULTAN. The title of the Turkish sovereign and other Mabometan
princes.
SUMMARY PROCEEDINGS. When cases are-to be adjudged promptly, without
any unnecessary form, the proceedings are said to be summary.
2. In no case can the party be tried summarily unless when such proceedings
are authorized by legislative autliority, except perhaps in the cases of
contempts, for the common law is a stranger to such a mode of trial. 4 Bl. Com.
280; 20 Vin. Ab. 42; Boscawen on Conv.; Paley on Convict.; vide Convictions.
SUMMING UP, practice. The act of making a speech before a court and
jury, after all the evidence has been heard, in favor of one of the parties in
the cause, is called summing up. When the judge delivers his charge to the jury,
he is also said to sum up the evidence in the case. 6 Harg. St. Tr. 832; 1 Chit.
Cr. Law, 632.
2. In summing up, the judge should, with much precision and clearness, state
the issues joined between the parties, and what the jury are required to find,
either in the affirmative or negative. He should then state the substance of the
plaintiff's claim and of the defendant's ground of defence, and so much of the
evidence as is adduced for each party, pointing out as he proceeds, to which
particular question or issue it respectively applies, taking care to abstain as
much as possible from giving an opinion as to the facts. It is his duty clearly
to state the law arising in the case in such terms as to leave no doubt as to
his meaning, both for the purpose of directing the jury, and with a view of
correcting, on a review of the case on a motion for a new trial, or on a writ of
error, any error he may, in the hurry of the trial, have committed. Vide 8 S.
& R. 150; 1 S. & R. 515; 4 Rawle, R. 100, 195, 356; 2 Penna. R. 27; 2 S.
& R. 464. Vide Charge; Opinion, (Judgment.)
TO SUMMON, practice. The act by which a defendant is notified by a
compepetent officer, that an action has been instituted against him, and that he
is required to answer to it at a time and place named. This is done either by
giving the defendant a copy of the summons, or leaving it at his house; or by
reading the summons to him.
SUMMONERS. Petty officers who cite men to appear in any court.
SUMMONS, practice. The name of a writ commanding the sheriff, or other
authorized officer, to notify a party to appear in court to answer a complaint
made against him and in the said writ specified, on a day therein mentioned. 21
Vin. Ab. 42 2 Sell. Pr. 356; 3 Bl. Com. 279.
SUMMONS AND SEVERANCE. Vide Severance; and 20 Vin. Ab. 51; Bac. Ab. h.
t.; Archb. Civil Plead. 59.
SUMMUM JUS. Extreme right, strict right. It is seldom that extreme
right can be administered without the danger of doing injustice, for extreme
right may produce extreme wrong. Summum jus, summa injuria.
SUMPTUARY LAWS. Those relating to expenses, and made to restrain
excess in apparel.
2. In the United States the expenses of every man are left to his own good
judgment, and not regulated by Arbitrary laws.
SUNDAY. The first day of the week.
2. In some of the New England states it begins at sun setting on Saturday,
and ends at the same time the next day. But in other parts of the United States,
it generally commences at twelve o'clock on the night between Saturday and
Sunday, and ends in twenty-four hours thereafter. 6, Gill. & John. 268; and
vide Bac. Ab. Heresy, &c. D; Id. Sheriff, N 4; 1 Salk. 78; 1 Sell. Pr. 12;
Hamm. N. P. 140. The Sabbath, the Lord's Day, and Sunday, all mean the same
thing. 6 Gill. & John. 268; see 6 Watts, 231; 3 Watts, 56, 59.
2. In some states, owing to statutory provisions, contracts made on Sunday
are void; 6 Watts, R. 231; Leigh, N. P. 14; 1 P. A. Browne, 171; 5 B. & C.
406; 4 Bing. 84; but in general they are binding, although made on that day, if
good in other respects. 1 Crompt. & Jervis, 130; 3 Law Intell. 210; Chit. on
Bills, 59; Wright's R. 764;,10 Mass. 312 1 Cowen, R. 76, n.; Cowp. 640; 1 Bl.
Rep. 499; 1 Str. 702; see 8 Cowen, R. 27; 6 Penn. St. R. 417, 420.
4. Sundays are computed in the time allowed for the performance of an act,
but if the last day happen to be a Sunday, it is to be excluded, and the act
must in general be performed on Saturday; 3 Penna. R. 201; 3 Chit. Pr. 110;
promissory notes and bills of exchange, when they fall due on Sunday, are
gen-erally paid on Saturday. See, as to the origin of keeping-Sunday as a
holiday, Neale's F. & F. Index, Lord's day; Story on Pr. Notes, §220; Story
on Bills, §233; 2 Hill's N. Y. Rep. 587; 2 Applet. R. 264.
SUPER ALTUM MARE. Upon the high sea. Vide High Seas.
SUPER VISUM CORPORE. Upon view of the body. When an inquest is held
over a body found dead, it must be super visum corpore. Vide Coroner; Inquest.
SUPERCARGO, mar. law. A person specially employed by the owner of a
cargo to take charge of the merchandise which has been shipped, to sell it to
the best advantage, and to purchase returning cargoes and to receive freight, as
he may be authorized.
2. Supercargoes have complete control over the cargo, and everything which
immediately concerns it, unless their authority is either expressly or impliedly
restrained. 12 East, R. 381. Under certain circumstances, they are responsible
for the cargo; 4 Mass. 115; see 1 Gill & John. 1; but the supercargo has no
power to interfere with the government of the ship. 3 Pardes. n. 646; 1
Boulay-Paty, Dr. Com. 421.
SUPERFOETATION, med. jur. The conception of a second embryo, during
the gestation of the first, or the conception of a child by a woman already
pregnant with another, during the time of such pregnancy.
2. This doctrine, though doubted, seems to be established by numerous cases.
Beck's Med. Jur. 193; Cassan on Superfoetation; New York Medical Repository; 1
Briand, Med. Leg. prem. partie, c. 3, art. 4; 1 Fodere, Med. Leg. §299; Buffon,
Hist. Nat. de l'Homme, Puberte.
SUPERFICIARIUS, civ. law. He who has built upon the soil of another,
which he has hired for a number of years or forever, yielding a yearly rent.
This is not very different from the owner of a lot on ground rent in
Pennsylvania. Dig. 43, 18, 1 and 2.
SUPERFICIES. A Latin word used among civilians. It signifies in the
edict of the praetor whatever has been erected on the soil, quidquid solo
inoedificdtum est. Vide Dig. 43, tit. 18, 1. 1 and 2.
SUPERIOR. One who has a right to command; one who holds a superior
rank; as, a soldier is bound to obey his superior. 2. 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. n. 1612.
3. Of courts, some are supreme or superior, possessing in -general appellate
jurisdiction, either by writ of error or by appeal; 3 Bouv. Inst. n. 2527; the
others are called inferior courts.
SUPERNUMERARII, Rom. civil law. From the reign of Constantine to
Justinian, advocates were divided into two classes: viz. advocates in title, who
were called statute, and supernumeraries. The statutis were inscribed in the
mat-riculation books, and formed a part of the college of advocates in each
jurisdiction. The supernumeraries were not attached to any bar in particular,
and could reside where, they pleased; they took the place of advocates by title,
as vacancies occurred in that body. Code Justin., de adv. div. jud. c. 3, 11,
13; Calvini Lex, ad voc.; also Statuti.
SUPERSEDEAS, practice, actions. The name of a writ containing a
command to stay the proceedings at law.
2. It is granted on good cause shown that the party ought not to proceed. F.
N. B. 236. There are some writs which though they do not bear this name have the
effect to supersede the proceedings, namely, a writ of error, when bail is
entered, operates as a supersedeas, and a writ of certiorari to remove the
proceedings of an inferior into a superior court has, in general, the same
effect. 8 Mod. 373; 1 Barnes, 260; 6 Binn. R. 461. But, under special
circumstances, the certiorari has not the effect to stay the proceedings,
particularly where summary proceedings, as to obtain possession under the
landlord and tenant law, are given by statute. 6 Binn. R. 460; 1 Yeates, R. 49;
4 Dall. R. 214; 1 Ashm. R. 230; Vide Vin. Ab. h. t.; Bac. Ab. h. t.; Com. Dig.
h. t.; Yelv. R. 6, note.
SUPERSTITIOUS USE, English law. When lands, tenements, rents, goods or
chattels are given, secured or appointed for and toward 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 elsewhere; to have and
maintain perpetual obits, lamps, torches, &c., 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. Ab. Charitable Uses and Mortmain, D;
Duke on Char. Uses, 105; 6 Ves. 567; 4 Co. 104.
2. In the United States, where all religious opinions are free, and the right
to exercise them is secured to the people, a bequest to support a catholic
priest, aud perhaps certain other uses in England, would not in this country be
considered as superstitious uses. 1 Pa. R. 49; 8 Penn. St. R. 327; 17 S. &
R. 388; 1 Wash. 224. It is not easy to see how there can be a supersti-tious use
in this country, at least in the acceptation of the British courts. 1 Watts,
224; 4 Bouv. Inst. n. 3985.
SUPERVISOR. An overseer; a surveyor.
2. There are officers who bear this name whose duty it is to take care of the
highways.
SUPPLEMENTAL. That which is added to a thing to complete it as a
supplemental affidavit, which is an additional affidavit to make out a case; a
supplemental bill. (q. v.)
SUPPLEMENTAL BILL, equity plead. A bill already filed to supply some
defect in the original bill. See Bill supplemental.
SUPPLICAVIT, Eng. law. The name of a writ issuing out of the king's
bench or chancery, for taking sureties of the peace; it is commonly directed to
the justices of the peace, when they are averse to acting in the affair in their
judicial capacity. 4 Bl. Com. 233; vide Vin. Ab. h, t.; Com. Dig. Chancery, 4
R.; Id. Forcible Entry, D 16, 17.
SUPPLICIUM, civil law. A corporal punishment ordained by law; the
punishment of death, so called because it was customary to accompany the guilty
man to the place of execution and there offer supplications for him.
SUPPLIES, Eng. Law. Extraordinary grants to the king by parliament, to
supply the exigencies of the state. Jacob's Law Dict. h. t.
SUPPORT. The right of support is an easement which one man, either by
contract or prescription, enjoys, to rest the joists or timbers of his house
upon the wall of an adjoining building, owned by another person. 3 Kent, Com.
435. Vide Lois des Bat. part. 1, c. 3, s. a. 1, §T; Party wall.
SUPPRESSIO VERI. Cocealment of truth.
2. In general a suppression of the truth, when a party is bound to disclose
it, vitiates a contract. In the contract of insurance a knowledge of the facts
is required to enable the underwriter to calculate the chances and form a due
estimate of the risk; and, in this contract perhaps more than any other, the
parties are required to represent every thing with fairness. 1 Bla. Rep. 594; 3
Burr. 1809.
3. Suppressio veri as well as suggestio falsi is a ground to rescind an
agreement, or at least not to carry it into execution. 3 Atk. 383; Prec. Ch.
138; 1 Fonb. Eq. c. 2, s. 8; 1 Ball & Beatty, 241; 3 Munf. 232 1 Pet. 383; 2
Paige, 390 4 Bouv. Inst. n. 3841. Vide Concealment; Mis-representation;
Representationl: Suggestio falsi.
SUPRA PROTEST. Under protest. Vide Acceptance supra protest; dcceptor
supra protest; Bills of Exchange.
SUPREMACY. Sovereign dominion, authority, and preeminence; the highest
state. In the United States, the supremacy resides in the people, and is
exercises by their constitutional representatives, the president and congress.
Vide Sovereignty.
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