Legal Term Dictionary

Lat Sense, meaning, signification. Malo sensu, in an evil or derogatory sense. Mitiori sensu, in a milder, less severe, or less stringent sense. Sensu honesto, in an honest sense; to Interpret words sensu honesto is to take them so as not to impute Impropriety to the persons concerned. Sensns verborum More...

Lat Sense, meaning, signification. Malo sensu, in an evil or derogatory sense. Mitiori sensu, in a milder, less severe, or less stringent sense. Sensu honesto, in an honest sense; to Interpret words sensu honesto is to take them so as not to impute Impropriety to the persons concerned. Sensns verborum est anima legis. Coke, 2. The meaning of the words ia tbe spirit of the law. Sensns verborum est duplex,-mitis et asper; et verba semper acdpienda sunt in mitiori sensu. 4 Coke, 13. The mean-nig of words is two-fold,-mild and harsh; and words are always to be received In their milder sense. Sensns verborum ex eansa diocndi ao-eipiondus est; ot sermones semper acci-piendi sunt secundum subjeetam materi- am. The sense of words is to be taken from the occasion of speaking them; and discourses are always to be interpreted according to the subject-matter. 4 Coke, 13b. See 2 Kent, Comm. 555. Less...

The judgment formally pronounced by the court or judge upon the defendant after his conviction in a criminal prosecution, awarding tbe punishment to be inflicted. The word is properly confined to this meaning. In civil cases, the terms "judgment," "decision," "award," "finding," etc., are used. See Featherstone v. People, 194 More...

The judgment formally pronounced by the court or judge upon the defendant after his conviction in a criminal prosecution, awarding tbe punishment to be inflicted. The word is properly confined to this meaning. In civil cases, the terms "judgment," "decision," "award," "finding," etc., are used. See Featherstone v. People, 194 111. 325, 62 N. E. 684; State v. Barnes, 24 Fla. 153, 4 South. 560; Pennington v. State, 11 Tex. App. 281; Com. v. Bishoft*, 18 Pa. Oo. Ct. R. 503; People v. Adams, 95 Mich. 541, 55 N. W. 461; Bugbee v. Boyce, 68 Vt. 311, 35 Atl. 330. Ecclesiastical. In ecclesiastical procedure, "sentence" is analogous to "Judgment" {q. v.) in an ordinary action. A definite sentence is one which puts an end to the suit, and' regards the principal matter in question. An interlocutory sentence determines only some incidental matter in the proceedings. Phillim. Ecc. Law, 1260. -Cumulative sentences. Separate sentences (each additional to the others) imposed upon a defendant who has been convicted upon an indictment containing several counts, each of such counts charging a distinct offense, or who is under conviction at the same time for several distinct offenses; one of such sentences being made to begin at the expiration of another. Carter v. McClaughry, 183 U. S. 365, 22 Sup, Ct. 181, 46 L. Ed. 236; State v. Ham-by, 126 N. C. 1066, 35 S. E. G14.-Final sentence. One which puts an end to a case. Distinguished from interlocutory.-Indeterminate sentence. A form of sentence to imprisonment upon conviction of crime, now authorized by statute in several states, which, instead of fixing rigidly the duration of the imprisonment, declares that it shall be for a period "not less than" so many years "nor more than" so many years, or not less than the minimum period prescribed by statute as the punishment for the particular offense nor more .than the maximum period, the exact length of the term being afterwards fixed, within the limits assigned by the court or the statute, by an executive authority, (the governor, board of .pardons, .etc.,) on consideration of the previous .record of the convict, his behavior while in 'prison or while out on parole, the apparent 'prospect of reformation, and other such considerations.-Interlocutory sentence. In the civil law. A sentence on some indirect oquestion arising from the principal cause. Hal-'HfaX Civil Law, b. 3. ch. 0, no. 40.-Sentence o'o* death ^recorded. In English practice. The recording of a sentence of death, not actually pronounced, on the understanding that it .wiy not be executed. Such a record has the "same effect as if the judgment had been pro-onotmeed and the offender reprieved by the court. Mnsley & Whitley. The practice is now disused.-Suspension of sentence. This term !may mean either a withholding or postponing the sentencing of a prisoner after the conviction, or a postponing ot the execution of the sentence after it has been pronounced. In the latter case, it may, for reasons addressing themselves to the discretion of the court, be indefinite as to time, or during the good behavior of the prisoner. See People v. Webster, 14 Misc. Rep. 617, 36 N. Y. Supp. 745; In re Buchanan, 146 N. Y. 264, 40 N. E. 883. Less...

Lat In the civil law. (1) Sense; Import; as distinguished from mere words. (2) The deliberate expression of one's will or intention, (3) The sentence of a judge or court. Sententia a mon judioo lata nemini debot noooro. A sentence pronounced by one who is not a judge should not More...

Lat In the civil law. (1) Sense; Import; as distinguished from mere words. (2) The deliberate expression of one's will or intention, (3) The sentence of a judge or court. Sententia a mon judioo lata nemini debot noooro. A sentence pronounced by one who is not a judge should not harm any one. Fleta, 1. 6, c. 6, i 7. Sententia oontra matrimoninm nnnqnam transit in rem judloatam. 7 Coke, 43. A sentence against marriage never becomes a matter finally adjudged, i e., res , judicata. Sententia faoit jus, ot legis interpretatio legis vim obtinet. Elleam. Post N. 55. Judgment creates right, and the interpretation of the law has the force of law. Sententia faoit jns, et ros judicata pre veritate aocipitur. Ellesm. Post N. 55. Judgment creates right, and what is adjudicated is taken for truth. Sententia interlooutoria revocarl potest, definitive non potest. Bac. Max. 20. An interlocutory judgment may be recalled, but not a final. Sententia non fortur de rebus non lio2-uidls. Sentence is not given upon matters that are not clear. Jenk. Cent p. 7, case 9. Less...

In the acts of congress relating to the removal of causes from state courts to federal courts, this phrase means a separate and distinct cause of action existing in the suit, on which a separate and distinct suit might properly have been brought and complete relief afforded as to such More...

In the acts of congress relating to the removal of causes from state courts to federal courts, this phrase means a separate and distinct cause of action existing in the suit, on which a separate and distinct suit might properly have been brought and complete relief afforded as to such cause of action; or the case must be one capable of separation into parts, so that; in one of the parts, a controversy will be presented, wholly between citizens of different states, which can be fully determined without the presence of any of the other parties to the suit as it has been begun. Eraser v. Jennison, 106 U. S; 101, 1 Sup. Ct 171, 27 L. Ed. 131; Gudger ?. Western N. C. R. Co. (C. C) 21 Fed. 81; Security Co. v. Pratt (C. C.) 64 Fed: 405; Seaboard Air Line Ry. v. North Carolina R. Co. Less...

Lat Separately. Used in indictments to indicate that two or more defendants were charged separately, and not jointly, with the commission of tbe offense in question. State v. Edwards, 60 Mo. 490.

Lat Separately. Used in indictments to indicate that two or more defendants were charged separately, and not jointly, with the commission of tbe offense in question. State v. Edwards, 60 Mo. 490. Less...

Individual; distinct; particular ; disconnected. Generally used in law as opposed to "joint," though the more usual antithesis of the latter term Is "several.w4 Either of these words Implies division, distribution, disconnection, or aloofness. See Merrill v. Pepperdlne, 9 Ind. App. 416, 36 N. E. 921; Larzelere v. Starkweather, 38 More...

Individual; distinct; particular ; disconnected. Generally used in law as opposed to "joint," though the more usual antithesis of the latter term Is "several.w4 Either of these words Implies division, distribution, disconnection, or aloofness. See Merrill v. Pepperdlne, 9 Ind. App. 416, 36 N. E. 921; Larzelere v. Starkweather, 38 Mich. 104. -Separate action. As opposed to a joint action, this term signifies an action brought for himself alone by each of several complainants who are all concerned in the same transaction, but cannot legally join in the suit.- Separate domiso in ejectment. A demise in a declaration in ejectment used to be termed a "separate demise" when made by the lessor separately or individually, as distinguished from a demise made jointly by two or more persons, which was termed a "joint demise." No such demise, either separate or joint, is now necessary in this action. Brown.-Separata estate. The individual property of one of two persons who stand in a social or business relation, as distinguished from that which they own jointly or are jointly interested in. Thus, *eep-arate estate." within the meaning of the bankrupt law, is that in which each partner is separately interested at the time of the bankruptcy. The term can only be applied to such property as belonged to one or more of tie part* 'hers, to the exclusion of the rest. In re Lowe, 11 Nat. Bankr. Rep. 221, Fed. Cas. No. 8,56f oThe separate estate of a married woman is that which belongs to her, and over which her husband has no right in equity. It may consist of lands or chattels. Williams v. King, 29 Fed. Cas. 1,309.-Separate maintenance.' An allowance made to a woman by her husband on their agreement to live separately. This must not be confused with "alimony," which is judicially awarded upon granting a divorce. See Mitchell v. Mitchell, 31 Colo. 209, 72 Pac 1054.-Separate trial. The separate and individual trial of each of several persons .jointly accused of a crime. As to separate "Acknowledgment," "Covenant," and "Examination," see those titles. Less...

Lat. In old conveyancing. Severally. A word which made a several covenant 5 Coke, 23a.

Lat. In old conveyancing. Severally. A word which made a several covenant 5 Coke, 23a. Less...

In matrimonial law; A cessation of cohabitation of husband and wife by mutual agreement, or, in the case of "Judicial separation," under the decree of a court See Butler v. Washington, 45 La. Ann. 279, 12 South. 356, 19 L. R. A. 814; Weld v. Weld, 27 Minn. 330, 7 More...

In matrimonial law; A cessation of cohabitation of husband and wife by mutual agreement, or, in the case of "Judicial separation," under the decree of a court See Butler v. Washington, 45 La. Ann. 279, 12 South. 356, 19 L. R. A. 814; Weld v. Weld, 27 Minn. 330, 7 N. W. 267; Hereford v. People, 197 111. 222, 64 N. E 310. -Separation a mensa ot thoro. A partial .dissolution of the marriage relation.-Separation order. In England, where a husband is convicted of an aggravated assault upon his wife, the court or magistrate may order that the wife shall be no longer bound to cohabit .with him. Such an order has the same effect as a judicial decree of separation on the ground of cruelty. It may also provide for the payment of a weekly sum by the husband to the wife and for the custody of the children. Sweet. Less...

In Louisiana probate law. The creditors of the succession may demand, In every case and against every creditor of the heir, a separation of the property of the succession from that of the heir. This is what is called the ''separation of patrimony." The object of a separation of patrimony More...

In Louisiana probate law. The creditors of the succession may demand, In every case and against every creditor of the heir, a separation of the property of the succession from that of the heir. This is what is called the ''separation of patrimony." The object of a separation of patrimony is to prevent property out of which a particular class of creditors have a right to be paid from being confounded with other property, and by that means made liable to the debts of another class of creditors. Civ. Code La. art. 1444. Less...

Seceders from the Church of England. They, like Quakers, solemnly affirm, Instead of taking the usual oath, before they give evidence.

Seceders from the Church of England. They, like Quakers, solemnly affirm, Instead of taking the usual oath, before they give evidence. Less...