SURPRISE. This term is frequently used in courts of equity and by
writers on equity jurisprudence. It signifies the act by which a party who is
entering into a contract is taken unawares, by which sudden confusion or
perplexity is created, which renders it proper that a court of equity should
relieve the party so surprised. 2 Bro. Ch. R. 150; 1 Story, Eq. Jur. §120, note.
Mr. Jeremy, Eq. Jur. 366, seems to think that the word surprise is a technical
expression, and nearly synonymous. with fraud. Page 383, note. It is sometimes,
used in this sense when it is deemed presumptive of, or approaching to fraud. 1
Fonbl. Eq. 123 3 Chan. Cas. 56, 74, 103, 114. Vide 6 Ves. R. 327, 338; 2 Bro.
Ch. R. 826; 16 Ves. R. 81, 86, 87; 1 Cox, R. 340; 2 Harr. Dig. 92.
2. In practice, by surprise is understood that situation in which a party is
placed, without any default of his own, which will be, injurious to his
interest. 8 N. AS. 407. The courts always do everything in their power to
relieve a party from the effects of a surprise, when he has been diligent in
endeavouring to avoid it. 1 Clarke's R. 162; 3 Bouv. Inst. n. 3285.
SURREBUTTER, pleading. The plaintiff's answer to the defendant's
rebutter is governed by the same rules as the replication. (q. v.) Vide 6 Com.
Dig. 185; 7 Com. Dig. 389
SUBREJOINDER, pleading. The plaintiff's answer to the defendant's
rejoinder. It is governed in every respect by the same rules as the replication.
(q. v.) Steph. Pl. 77; Arch., Civ. Pl. 284; 7 Com. Dig. 389.
SURRENDER, estates, conveyancing. A yielding up of an estate for life
or years to him who has an immediate estate in reversion or remainder, by which
the lesser estate is merged in the greater by mutual agreement, Co. Litt. 337,
2. A surrender is of a nature directly opposite to a release; for, as the
latter operates by the greater estate descending upon the less, the former is
the falling of a less estate into a greater, by deed. A surrender immediately
divests the estate of the surrenderer, aud vests it in the surrenderee, even
without the assent (q. v.) of the latter. Touchs. 300, 301.
3. The technical and proper words of this conveyance are, surrender and yield
up; but any form of words; by which the intention. of the parties is
sufficiently manifested, will operate as a surrender, Perk. §607; 1 Term Rep.
441; Com. Dig. Surrender, A.
4. The surrender may be express or implied. The latter is when an estate,
incompatible with the existing estate, is accepted or the lessee takes a new
lease of the same lands. 16 Johns. Rep. 28; 2 Wils. 26; 1 Barn. & A. 50; 2
Barn. & A. 119; 5 Taunt. 518, and see 6 East, R. 86; 9 Barn. & Cr. 288 7
Watts, R. 128. Vide, generally, Cruise, Dig. tit. 32, c. 7; Com. Dig. h. t.;
Vin. Ab. h. t.; 4 Kent, Com. 102; Nels. Ab. h. t.; Rolle's Ab. h. t. 11 East, R.
5. The deed or instrument by which a surrender is made, is also called a
surrender. For the law of presumption of surrenders, see Math. on Pres. ch. 13,
p. 236; Addis. on Contr. 658-661.
SURRENDER OF CRIMINALS. The act by which the public authorities
deliver a person accused of a crime, and who is found in their, jurisdiction, to
the authorities within whose jurisdiction it is alleged the crime has been
committed. Vide Extradition; Fugitives from justice.
SURRENDEREE. One to whom a surrender has been made.
SURRENDEROR. One who makes a surren der; as when the tenant gives up the
estate and cancels his lease before the expiration of the term; one who yields
up a freehold estate for the purpose of conveying it.
SURREPTITIOUS. That which is done in a fraudulent stealthy manner.
SURROGATE. In some of the states, as in New Jersey, this is the name of an
officer who has jurisdiction in granting letters testamentary and letters of
2. In some states, as in Pennsylvania, this officer is called register of
wills and for granting letters, of administration in others, as in
Massachusetts, he is called judge of probates.
SURVEY, The act by which the quantity of a piece of land is
ascertained; the paper containing a statement of the courses, distances, and
quantity of land, is also called a survey.
2. A survey made by authority of law and duly returned into the land office,
is a matter of record, and of equal dignity with the patent. 3 Marsh. 226; 2 J.
J. Marsh, 160. See 3 Greenleaf, 126; 5 Greenleaf, 24; 14 Mass. 149 1 Harr. &
John. 20 1 1 Overt. 199; 1 Dev. & Bat. 76.
3. By survey is also understood an examination; as, a survey has been made of
your house, and now the insurance company will insure it.
SURVIVOR. The longest liver of two or more persons.
2. In crises of partnership, the surviving partner is entitled to have all
the effects of the partnership, and, is bound to pay all the debts owing by the
firm. Gow on Partn. 157; Watson on Partn. 364. He is, however, bound to account
for the surplus to the representatives of his deceased partners, agreeably to
their respective rights.
3. A surviving trustee is generally vested with all the powers of all the
trustees, and the surviving administrator is authorized to act for the estate as
if he had been sole administrator. As to the presumption of survivorship, when
two or more persons have perished by the same event, see Civ. Code of Lo. art.
930 to 933 and vide Death; Cro. Eliz. 503; 1 Bl. Rep. 610 2 Phill. Rep. 261; S.
C. 1 Eccles. Reports, 250; Fearne on Rem. iv.; Poth. on Obli. by Evans, vol. 2,
p. 346; 8 Ves. 10; 14 Ves. 578 17 Ves. 482; 6 Taunt. 213; Cowp. 257; 5 Ves. 485.
Vide, generally, 2 Fonbl. Eq. 102; 8 Vin. Ab. 323; 20 Vin. Ab. 146; 8 Com. Dig.
475, 594; 1 Suppl. to Ves. jun. 115, 186, 407, 8, 2 Suppl. to Ves. jun. 47, 296,
340, 391,477; 1 Fodere, Med. Leg. §424-483.
4. The right of survivorship among joint-tenants has been abolished, except
as to estates beld in trust, in Pennsylvania, New York, Kentucky, Virginia,
Indiana, Missouri, Tennessee, Alabama, Georgia, North and South Carolina. Vide
Estates in Joint-tenancy. In Connecticut it never existed. 1 Swift's Dig. 102
see 1 Hill. Ab. 440. As to survivorship among legatees, see 1 Turn. & R.
413; 1 Br. C. C. 574; 3 Russ. 217. See Death; Estates in Joint-tenancy;
SUS' PER COLL', EngI. law. In the English practice, a calendar is made
out of attainted criminals, and the judge signs the calendar with their separate
judgments in the margin. In the case of a capital felony. it is written opposite
the prisoner's name, "let him be hanged by the neck," which, when the
proceedings were in Latin, was, "suspendatur per collum," or, in the abbreviated
form, "sus' per coll'." 4 Bl. Comm. 403.
SUSPENDER, Scotch law. He in whose favor a suspension is made.
2. In general a suspender is required to give caution to pay the debt in the
event it shall be found due. Where the suspender cannot, from his low or
sus-pected circumstances, procure unquestionable security, the lords admit
jura-tory caution; but the reasons of suspension are in that case, to be
considered with particular accuracy at passing the bill. Act. S. 8 Nov. 1682;
Ersk. Prin. L. Scot. 4, 3, 6.
SUSPENSE. When a rent, profit a prendre, and the like, are, in
consequence of the unity of possession of the rent, &c., of the land out of
which they issue, not in esse for a time, they are said to be in suspense, tunc
dormiunt, but they may be revived or awakened. Co, Litt. 313 a.
SUSPENSION. A temporary stop of a right, of a law, and the like.
2. In times of war the habeas corpus act maybe suspended by lawful
3. There may be a suspension of an officer's duties or powers, when he is
charged with crimes. Wood's Inst. 510.
4. Suspension of a right in an estate is a partial extinguishment, or an
extinguishment for a time. It differs from an extinguishment in this. A
suspended right may be revived; one extinguished is absolutely dead. Bac. Ab.
5. The suspension of a statute for a limited time operates so as to prevent
its operation for the time, but it hits not the effect of a repeal. 3 Dall.
SUSPENSION, Scotch law. That form of law by which the effect of a
sentence-condemnatory, that has not yet received execution, is stayed or
postponed, till the cause be again considered. Ersk. Prin. L. Scotl. 4, 3, 5.
Suspension is competent also, even where there is no decree, for putting a stop
to any illegal act whatsoever. Id. 4, 3, 7.
2. Letters of suspension bear the form of a summons, which contains a warrant
to cite the charger, Ib.
SUSPENSION, eccl. law. An ecclesiastical censure, by which a spiritual
person is either interdicted tho exercise of his ecclesiastical function, or
hin-dered from receiving the profits of his benefice. It may be partial or
total; for a limited time, or forever, when it is called deprivation or amotion.
Ayl. Parerg. 501.
SUSPENSION OF ARMS. An agreement between belligerents, made for a
short time or for a particular place, to cease hostilities between them. See
SUSPENSION OF A RIGHT. The act by which a party is deprived of the
exercise of his right, for a time.
2. When a right is suspended by operation of law, the right is revived the
moment the bar is removed; but when the right is suspended by the act of the
party, it is gone forever. See 1 Roll. Ab. tit. Extinguishment, L, M.
SUBPENSIVE CONDITION. One which prevents a contract from going into
operation until it has been fulfilled; as if I promise to pay you one thousand
dollars on condition that the ship Thomas Jefferson shall arrive from Havre, the
contract is suspended until the arrival of the ship. 1 Bouv. Inst. n. 731.
SUSPICION. A belief to the disadvantage of another, accompanied by a
2. Without proof, suspicion, of itself, is evidence of nothing. When a crime
has been committed, an arrest may be made when, 1st. There are such
circumstances as induce a strong presumption of guilt; as being found in
possession of goods recently stolen, without giving a probable account of having
obtained the possession honestly. 2d. The absconding of the party accused. 3d.
Being found in company of known offenders. 4th. Living an idle disorderly life,
without any apparent means of support. In such cases the arrest must be made as
in other cases. Vide 20 Vin. Ab. 150; 4 Bl. Com. 290.
SUTLER. A man whose employment is to sell provisions aud liquor to a
2. By the articles of war, art. 29, no sutler is permitted to sell any kind
of liquor or victuals, or to keep his house or shop open for the entertainment
of soldiers, after nine at night, or before the beating of the reveillee, or
upon Sundays during divine service or sermon, on penalty of being dismissed all
future sutling. And by art. 60, all sutlers are to be subject to orders
according to the rules and discipline of war.
SWAINMOTE COURT, Engl. law. The court within the forest to which all
the freeholders owe suit and service. Bac. Ab. Courts of the Forest, 2.
TO SWEAR. To take an oath, judicially administered. Vide Affirmation;
2. To swear also signifies to use such profane language as is forbidden by
law. This is generally punished by statutory provisions in the several
SWINDLER, criminal law. A cheat; one guilty of defrauding divers
persons. 1 Term Rep. 748; 2 H. Blackst. 531; Stark. on Sland. 135.
2. Swindling is usually applied to a transaction, where the guilty party
procures the delivery to him, under a pretended contract, of the personal
property of another, with the felonious design of appropriating it to his own
use. 2 Russel on Crimes, 130; Alison, Prine. Cr. Law of Scotland, 250; Mass.
SYMBOL. A sign; a token; a representation of one thing by another.
2. A symbolical delivery is equivalent, in many cases, in its legal effects,
to actual delivery; as, for example, the delivery of the keys of a warehouse in
which goods are deposited, is a delivery sufficient to transfer the property. 1
Atk. 171; 5 John. 335; 2 T. R. 462; 7 T. R. 71; 2 Campb. 243; 1 East, R. 194; 3
Caines, 182; 1 Esp. 598; 3 B. & C. 423.
SYNALLAGMATIC CONTRACT, civil law. A synallagmatic or bilateral
contract is one by which each of the contracting parties binds himself to the
other; such are the contracts of sale, hiring, &c. Poth. Ob. n. 9. Vide
SYNDIC. A term used in the French law, which answers in one sense to
our word assignee, when applied to the management of bankrupts' estates; it has
also a more extensive meaning; in companies and communities, syndics are they
who are chosen to conduct the affairs and attend to the concerns of the body
corporate or community; and in that sense the word corresponds to director or
manager. Rodman's Notes to Code. de Com. p. 351; Civ. Code of Louis. art. 429;
Dict. de Jurisp. art. Syndic.
SYNGRAPH. A deed, bond, or other instrument of writing, under the band
and seal of all the parties. It was so called because the parties wrote
2. Formerly such writings were attested by the subscription and crosses of
the witnesses; afterwards, to prevent frauds and concealmenta, they made deeds
of mutual covenant in a script and rescript, or in a part and counterpart, and
in the middle between the two copies they wrote the word syngraphus in large
letters, which being cut through the parchment, and one being delivered to each
party, on being afterwards put together, proved their authenticity.
3. Deeds thus made were denominates syngraphs by the canonists, and by the
common lawyers chirographs. (q. v.) 2 Blackstone's Commentaries, 296.
SYNOD. An ecclesiastical assembly.