SPECIFIC PERFORMANCE. The fulfilment or performance of a contract by the party bound to perform it. This a court of equity will compel, if sufficient reasons be shown. SPECIFICATION. In patent law, a specific and detailed account of the in vention to be patented. STATUTE. A law enacted by a legislative power. STOPPAGE IN TRANSITU. See chapter on SALES. SUBORNATION OF PERJURY. The inducing or procuring a person to commit legal perjury. SUBPŒNA. A writ or process summoning a person to appear and give testimony, or to submit himself to what the court may order. SUFFRAGE. The act of voting; the vote itself. SUIT. Synonymous with action at law. SUNDAY. The first day of the week. The legal name of this day is the Lord's day. Generally it begins at twelve o'clock on the night between Saturday and Sunday, and continues twenty-four hours. In some of the New England States it begins at sunsetting on Saturday, and ends at sunsetting on Sunday. SURETY. See chapter on GUARANTY. SURROGATE. A term used in some States to denote the officer in other States called judge of probate or ordinary. TENANT. See chapter on LEASES. T. TENDER. A legal tender is that which the law of a State makes competent to be paid as money, and with the effect of money. TENURE. The manner in which or by which a man holds an estate in lands. TESTAMENT. Another name for a will. The testator is one who has made a will. TITLE-DEEDS. Deeds which are evidences of the title of him who owns an estate. TORT. A private wrong or injury other than the breach of a contract. TRADE-MARKS. A mark which a tradesman puts upon goods that he has manufactured, by way of symbol, emblem, or sign that they were made by him or for him, and that he claims an exclusive right to sell them. See chapter on TRADE-MARKS. TRESPASS. Any wrongful act of one person whereby another person is injured. TRUST. Is, in law, a right or a property which one person holds for the benefit of another. The person holding it is called the trustee, and be for whose benefit it is held is called the cestui que trust, or, better, the beneficiary. TRUSTEE PROCESS. A process by which goods or credits of a debtor in the hands of a third person may be reached by an attaching creditor; it is similar to the garnishee process. See chapter on RECOVERY OF DEBTS. U. USURY. See chapter on INTEREST AND USURY. V. VAGABOND, or VAGRANT. One who wanders about idly, and with no home, and begs, and will not work. VERDICT. The unanimous decision made by a jury and announced to the court. VOUCHER. The written evidences of the truth of entries or charges. W. WAIVER. The abandonment of a right, or a refusal to accept it. WARRANTY. See chapter on SALES. WAY. A right of way is the privilege which some person, or a certain description of persons, have of going over another man's land. WILL. See chapter on WILLS. WITNESS. One who testifies in court under oath or affirmation to what he knows. Also one who signs his name to an instrument, in evidence that it was executed in his presence; he is then called an attesting or subscribing witness. WRECK. Commonly used as meaning a vessel that is cast away. In maritime law, it means the vessel or goods cast away on land by the sea, or found at low water, between high and low water mark. WRIT. A written precept issued by a competent court in the name of the State, commanding the person or officer to whom it is addressed to do what is required therein. It is usually attested by a judge, and countersigned by the clerk of his court. to the annexed notice, to be read in evidence on behalf of the plaintiff (or defendant) in a certain suit now pending in the [here state the court in which the case is pending], in the State of wherein A. B. is plaintiff, and C. D. defendant. Present: E. F., attorney (or counsel) for plaintiff; G. H., attorney (or counsel) for defendant. I. J., a witness on behalf of the plaintiff, oeing of lawful age, and being by me first duly sworn, deposes and says, in response to questions propounded by E. F., counsel (or attorney) for the plaintiff (or defendant) : 1st Question What is your name, age, residence, and occupation? Answer, 2d Question - Do you know the parties to this suit? Answer, [Continue the questions until conclusion of examination in chief, and, in writing the answers, use the identical words of the witness.] And being cross-examined by G. H., counsel (or attorney) for defendant (or plaintiff), the said witness deposes and says: [Write questions and answers as before.] And being re-examined by counsel (or attorney) for the plaintiff (or de fendant), the said witness further deposes and says: [Write questions and answers as before.] And further this deponent saith not. (Signature of witness.) [If there be more than one witness, continue as follows :] And at the same time and place came K. L., another witness on behalf of the plaintiff, who, being of lawful age (etc., same as above). No other witness appearing, the further taking of these depositions is continued until to-morrow, at the same place, and between the same hours. (Signature, etc., of official.) 951 Present: E. F., attorney for plaintiff; G. H., attorney for defendant. M. N., a witness on behalf of the plaintiff, being of lawful age, and by me first duly sworn, deposes and says, in response to questions propounded by counsel for the plaintiff (or defendant). [Write down questions and answers as in deposition of I. J.] And further this deponent saith not. (Signature of witness.) [When the depositions have been taken, conclude with the following cer tificate: I, to-wit: 9 a Justice of the Peace (or other official), in and for the district (town or township) county of State of do cer. tify that the foregoing depositions of I. J., K. L., and M. N., [name all the witnesses] were duly taken by me pursuant to the annexed notice for taking depositions to be read in behalf of the plaintiff (or defendant) in the cause of against the suit is pending], at the time and place, and within the hours in the an nexed notice specified. [If an adjournment was had, so state here, thus:] the taking of said depositions, not having been completed on the first day appointed, were continued from day to day at the same place and between the same hours until completed. now pending in the [here describe the court in which I further certify that after the taking of the deposition of each witness the same was read to (or by) him and subscribed by him in my presence. And I do further certify that, at the time of so taking the same, I was a Justice of the Peace (Notary Public, or Commissioner appointed by the Governor, etc., as the case may be) in and for the in the State of Given under my hand (and Notarial Seal, or official seal, as the case may be), this day of Cost of taking depositions, $ , 19. (Signature, etc., of official.) After taking each deposition it should be read to the witness, or by him, and a memorandum should be made by the magistrate of any changes or corrections which the witness desires to make before signing. The witness should then sign the deposition in the magistrate's presence. If he refuses to sign that fact should be noted by the magistrate at the foot of the deposition and his return changed accordingly. The questions on direct and cross-examination may be numbered sepa rately; but in order to save confusion it is usually better to number them all consecutively as one series, giving the first cross-question the serial num ber following that of the last direct question, and so on. 952 Affidavit of A. B. FORM OF TAKING AFFIDAVITS. I, A. B., having been duly sworn, do depose and say that I am of age, and reside in in the county of that: years and State of [Here state the facts to be embodied in the affidavit.] State city of 9 SS. day of (Signature of witness.) , 19 at my office at , in the in the county and State aforesaid, before me, the subscriber, a Notary Public (or other magistrate), duly commissioned in and for said county, personally appeared the above named who subscribed the foregoing affidavit in my presence, and made solemn oath that the statements therein made by him are true [except such as are made on information and belief, and those he believes to be true.] Witness my hand and notarial seal this day of , 19 Notary Public. [Seal.] If the affidavit is to be used in court it should be entitled thus: Affidavit of A. B. to be used in a suit pending in the Court, for the County of , in which C. D. is plaintiff and E. F. us defendant, and taken on behalf of the plaintiff (or defendant) in said sula |