New York Lawyer WS
New York Layer, law dictionary, legal dictionary, dictionary online, word search, lawyer search, law and order, attorney, law school    

SEX. The physical difference between male and female in animals.

2. In the human species the male is called man, (q. v.) and the female, woman. (q. v.) Some human beings whose sexual organs are somewhat imperfect, have acquired the name of hermaphrodite. (q. v.)

3. In the civil state the sex creates a difference among individuals. Women cannot generally be elected or appointed to offices or service in public capa-cities. In this our law agrees with that of other nations. The civil law excluded women from all offices civil or public: Faemintae ab omnibus officiis civilibus vel publicis remotae sunt. Dig. 50, 17, 2. The principal reason of this exclusion is to encourage that modesty which is natural to the female sex, and which renders them unqualified to mix and contend with men; the pre-tended weakness of the sex is not probably the true reason. Poth. Des Personnes, tit. 5; Wood's Inst. 12; Civ. Code of Louis. art. 24; 1 Beck's Med. Juris. 94. Vide Gender; Male; Man; Women; Worthiest of blood.

SHAM PLEA. One entered for the mere purpose of delay; it must be of a matter which the pleader knows to be false; as judgment recovered, that is, that judgment has already been recovered by the plaintiff for the same cause of action.

2. These sham pleas are generally discouraged, and in some cases are treated as a nullity. Barn. & Ald. 197, 199; 5 Id. 750; 1 Barn. & Cr. 286; Archb. Civ. Pl. 249; 1 Chit. Pl. 401.

SHARE. A portion of anything. Sometimes shares are equal, at other times they are unequal.

2. In companies and corporations the whole of the capital stock is usually divided into equal proportions called shares. Shares in public companies have sometimes been held to be real estate, but most usually they are considered as personal property. Wordsw. Jo. Sto. Co. ch. 1 P, p. 288. 3. The proportion which descends to one of several children from his ancestor, is called a share. The term share and share alike, signifies in equal proportions. See Pwrpart.

SHEEP. A wether more than a year old. 4 Car. & Payne, 216; 19 Engl. Com. Law Rep. 331, S. C.

SHELLEY'S CASE. This case, reported in 1 Rep. 93, contains a rule usually known as the rule in Shelley's case, which has caused more commentaries perhaps than any other case. It has been expressed with great precision, though not with much elegance, to be "in any instrument, if a freehold be limited to the ancestor for life, and the inheritance to his heirs, either mediately or immediately, the first taker takes the whole estate; if it be limited to the heirs of his body, he takes a fee tail; if to his heirs a fee simple." Co. Litt. 376, b and Mr. Butler's note, 1; 3 Binn. R. 139 1 Day, Rep. 299; 1 Prest. on Estates, ch. 3; 4 Kent, Com. 206; Cruise, Dig. tit. 32, c. 22; 2 Yeates, R. 410; 1 Hargr. Law Tracts, article "Observations concerning the rule in Shelley's case, chiefly with a view to the application of that rule in Last Wills;" 5 Ohio R. 465.

SHERIFF. The name of the chief officer of the county. In Latin he is called vice comes, because in England he represented the comes or earl. His name is said to be derived from the Saxon seyre, shire or county, and reve, keeper, bailiff, or guardian.

2. The general duties of the sheriff are, 1st. To keep the peace within the county; he may apprehend, and commit to prison all persons who break the peace or attempt to break it, and bind any one in a recognizance to keep the peace. He is required ex officio, to pursue and take all traitors, murderers, felons and rioters. He has the keeping of the county gaol and he is bound to defend it against all attacks. He may command the posse comitatus. (q. v.)

3. - 2d. In his ministerial capacity, the sheriff is bound to execute within his county or bailiwick, all process issuing from the courts of the commonwealth.

4. - 3d. The sheriff also possesses a judicial capacity, but this is very much circumscribed to what it was at common law in England. It is now generally confined to ascertain damages on writs of inquiry and the like.

5. Generally speaking the sheriff has no authority out of his county. 2 Rolle's Rep. 163; Plowd, 37 a. He may, however, do mere ministerial acts out of his county, as making a return. Dalt. Sh. 22. Vide, generally, the various Digests and Abridgments, h. t.; Dalt. Sher.; Wats. Off. and Duty of Sheriff; Wood's Inst. 75; 18 Engl. Com. Law Rep. 177; 2 Phil. Ev. 213; Chit. Pr. Index, h. t.; Chit. Pr. Law, Index, h. t.

SHERIFFALTY. The office of sheriff, the time during which a sheriff is to remain in office.

SHIFTING USE, estates. One which takes effect in derogation of some other estate, and is either limited by the deed creating it, or authorized to be created by some person named in it. This is sometimes called a secondary use.

2. The following is an example: If an estate be limited to A and his heirs, with a proviso that if B pay to A one hundred dollars by a time named, the use to A shall ease, and the estate go to B in fee; the estate is vested in A subject to the shifting or secondary use in fee in B. Again, if the proviso be that C may revoke the use to A, and limit it to B, then A is seised in fee, with a power in C of revocation and limitation of a new use. These shifting uses must be confined within proper limits, so as not to create a perpetuity. 4 Kent, Com. 291; Cornish on Uses, 91; Bac. Ab. Uses and Trusts, K; Co. Litt. 327, a, note Worth on Wills, 419; 2 Bouv. Inst. n. 1890. Vide Use.

SHILLING, Eng. law. The name of an English coin, of the value of one twen-tieth part of a pound. In the United States, while they were colonies, there were coins of this denomination, but they greatly varied in their value.

SHIP. This word, in its most enlarged sense, signifies a vessel employed in navigation; for example, the terms the ship's papers, the ship's hushand, shipwreck, and the like, are employed whether the vessel referred to be a brig, a sloop, or a three-masted vessel.

2. In a more confined sense, it means such a vessel with three masts 4 Wash. C. C. Rep. 530; Wesk. Inst. h. t. p. 514 the boats and rigging; 2 Marsh. Ins. 727 together with the anchors, masts, cables, pullies, and such like objects, are considered as part of the ship. Pard. n. 599; Dig. 22, 2, 44.

3. The capacity of a ship is ascertained by its tonnage, or the space which may be occupied by its cargo. Vide Story's Laws U. S. Index, h. t.; Gordon's Dig. h. t.; Abbott on Ship. Index, h. t.; Park. Ins. Index, h. t.; Phil. Ev. Index, h. t. Bac. Ab. Merchant, N; 3 Kent, Com. 93 Molloy, Jure Mar. Index, h. t.; l Chit. Pr. 91; Whart. Dig. h. t.; 1 Bell's Com. 496, 624; and see General Ships; Names of Ships.

SHIP BROKER. One who transacts business between the owners of vessels and merchants who send cargoes.

SHIP DAMAGES. In the charter parties with the English East India Company, these words occur; their meaning is damage from negligence, insufficiency or bad stowage in the ship. Dougl. 272; Abbott, on Ship. 204.

SHIP'S HUSBAND, mar. law. An agent appointed by the owner of a ship, and invested with authority to make the requisite repairs, and attend to the management, equipment, and other concerns of the ship he is usually authorized to act as the general agent of the owners, in relation to the ship in her home port.

2. By virtue of his agency, he is authorized to direct all proper repairs, equipments and outfits of the ship; to hire the officers and crew; to enter into contraets for the freight or charter of the ship, if that is her usual employment; and to do all other acts necessary and proper to prepare and despatch her for and on ber intended voyage. 1 Liverm. on Ag. 72, 73; Story on Ag. 35.

3. By some authors, it is said the ship's hushand must be a part owner. Hall on Mar. Loans, 142, n.; Abbott on Ship. part 1, c. 3, s. 2. 4. Mr. Bell, Comm. 410, 428, 5t ed. p. 503, points out the duties of the ship's hushand, as follows, namely: 1. To see to the proper outfit of the vessel, in the repairs adequate to the voyage, and in the tackle and furniture necessary for a sea-worthy ship.

5. - 2. To have a proper master, mate, and crew, for the ship, so that, in this respect, it shall be sea-worthy.

6. - 3. To see the due furnishing of provisions and stores, according to the necessities of the voyage.

7. - 4. To see to the regularity of the clearance's from the custom-house, and the regularity of the registry.

8. - 5. To settle the contracts, and provide for the payment of the furnishings which are requisite to the performance of those duties.

9. - 6. To enter into proper charter parties, or engage the vessel for general freight, under the usual conditions; and to settle for freight, and adjust averages with the merchant; and,

10. - 7. To preserve the proper certificates, surveys and documents, in case of future disputes with insurers and freighters and to keep regular books of the ship.

11. These are his general powers, but of course, they may be limited or enlarged by the owners; and it may be observed, that without special authority, he cannot, in general, exercise the following enumerated acts:

1. He cannot borrow money generally for the use of the ship; though, as above observed, he may settle the accounts for furnishings, or grant bills for them, which form debts against the concern, whether or not he has funds in his hands with which he might have paid them. 1 Bell, Com. 411, 499.

12. - 2. Although he may in general, levy the freight which is, by the bill of lading, payable on the delivery of the goods, it would seem that he would not have power to take bills for the freight, and give up the possession of the lien over the cargo, unless it has been so settled by the charter party. Id.

13. - 3. He cannot insure, or bind the owners for premiums. Id.; 5 Burr. 2627; Paley on Ag. by Lloyd, 23, note 8; Abb. on Ship. part 1, c. 3, s. 2; Marsh. Ins. b. 1, c. 8, s. 2; Liv. on Ag. 72, 73.

14. As the power of the master to enter into contracts of affreightments, is superseded in the port of the owners, so it is by the presence of the ship's hushand, or the knowledge of the contracting parties that a ship's hushand has been appointed. Bell's Com. ut supra.

SHIP'S PAPERS. Those documents which are required on board of neutral ships, as evidence of their neutrality, These are the passports, sea-letter, muster-roll, charter party, bill of lading, invoices, log book, bill of health, register, and papers containing proofs of property. 1 Chit. Com. Law 487.

2. The want of these papers, or either of them, renders the character of a vessel suspicious. Vide Clearance, and 2 Boulay Paty, Dr. Com. 14.

SHIPPER. One who ships or puts goods on board of a vessel, to be carried to another place during her voyage. In general, the shipper is bound to pay for the hire of the vessel, or the freight of the goods. 1 Bouv. Inst. n. 1030.

SHIPPING ARTICLES, contr. mar. law. The act of congress of July 20, 1790, s. 1, directs that a master of any vessel bound from a port in the United States to any foreign port, or of any vessel of fifty tons or upwards, bound from a port in one state to a port in any other than at adjoining state, shall, before he proceed on such voyage, make an agreement in writing or in print, with every seaman or mariner on board such vessel, (except such as shall be apprenticed or servant to himself or owners) declaring the voyage or voyages, term or terms of time, for which such seaman or mariner shall be shipped.

2. And by sect. 2, it is required that at the foot of every such coutract, there shall be a memorandum in writing, of the day and the hour on which such seaman or mariner who shall so ship and subscribe, shall render himself on board to begin the voyage agreed upon.

3. This instrument is called the shipping articles. For want of which, the seaman is entitled to the highest wages which have been given at the port or place where such seaman or mariner shall have been shipped for a similar voyage within three months next before the time of such shipping, on his performing the service, or during the time he shall continue to do duty on board such vessel, without being bound by the regulations, nor subject to the penalties and forfeitures contained in the said act of congress; and the master is further liable to a penalty of twenty dollars.

4. The shipping articles ought not to contain any clause which derogates from the general rights and privileges of seamen, and if they do, such clause will be declared void. 2 Sumner, 443; 2 Mason, 541.

5. A seaman who signs shipping articles, is bound to perform the voyage, and he has no right to elect to pay damages for non-performance of the contract. 2 Virg. Cas. 276.

Vide, generally, Gilp. 147, 219, 452; 1 Pet. Ad. Dec. 212; Bee, 48; 1 Mason, 443; 5 Mason, 272; 14 John. 260.

SHIPWRECK. The loss of a vessel at sea, either. by being swallowed up by the waves, by running against another vessel or thing at sea, or on the coast. Vide Naufrage; Wreck.

SHIRE, Eng. law. A district or division of country. Co. Lit. 50 a.

SHOP BOOK. This name is given to a book in which a merchant, mechanic, or other person, makes original entries of goods sold or work done.

2. In general, such a book is prima facie evidence of the sale of the goods and of the work done, but not of their value. Vide Original entry.

SHORE. Land on the side of the sea, a lake, or a river, is called the shore. Strictly speaking, however, when the water does not ebb and flow, in a river, there is no shore. See 4 Hill, N. Y. Rep. 375; 6 Cowen, 547; and Seashore.

SHORT ENTRY. A term used among bankers, which takes, place when a note has been sent to a bank for collection, and an entry of it is made in the cus-tomer's bank book, stating the amount in an inner column, and carrying it out into the accounts between the parties when it has been paid.

2. A bill of this kind remains the property of the depositor. 1 Bell's Com. 27l; 9 East, 12; 1 Rose, 153; 2 Rose, 163; 2 B. & Cr. 422; Pull. Mer. Acc. 56.

SI FACERIT TE SECUREM. If he make you secure. These words occur in the form of writs, which originally requited, or still require, that the plaintiff should give security to the sheriff that he will prosecute his claim, before the sheriff can be required to execute such writ.

SICKNESS. By sickness is understood any affection of the body which deprives it temporarily of the power to fulfil iis usual functions.

2. Sickness is either such as affects the body generally, or only some parts of it. Of the former class, a fever is an example; of the latter, blindness. When a process has been issued against an individual for his arrest, the she-riff or other officer is authorized, after he has arrested him, if he be so dangerously sick, that to remove him would endanger his life or health, to let him remain where he found him, and to return the facts at large, or simply languidus. (q. v.)

SIDE BAR RULES, Eng practice. Rules which were formerly moved for by attorneys on the side bar of the court; but now may be had of the clerk of the rules, upon a praecipe. These rules are, that the sheriff return his writ; that he bring in the body; for special imparlance; to be present at the taxing of costs, and the like.

SIENS. An obsolete word, formerly used for scion, which figuratively signified a person who descended from another. "The sien," says Lord Coke, "takes all his nourishment from the stocke, and yet it produceth his own fruit." Co. Lit. 123 a. Vide Branch.

SIGILLUM. A seal. (q. v.) Vide Scroll.

SIGHT, contracts. Bills of exchange are frequently made payable at sight, that is, on presentment, which might be taken naturally to mean that the bill should then be paid without further delay; but although the point be not clearly settled, it seems the drawee is entitled to the days of grace. Beaw. Lex Mer. pl. 256; Kyd on Bills, 10; Chit. on Bills, 343-4; Bayley on Bills, 42, 109, 110; Selw. N. P. 339.

2. - The holder of a bill payable at sight, is required to use due diligence to put it into circulation, or have it presented for acceptance within a reasonable time. 20 John. 146; 7 Cowen, 705; 12 Pick. 399 13 Mass. 137; 4 Mason, 336; 5 Mason's 118; 1 McCord, 322; 1 Hawks, 195.

3. When the bill is payable any number of days after sight, the time begins to run from the period of presentment and acceptance, and not from the time of mere presentment. 1 Mason, 176; 20 John. 176.

Copyright © 2004 New-York-Lawyer .WS