SUPPLIES. The "supplies," in parliamentary proceedings signify the sums of money which are annually voted by the House of Commons for the maintenance of the Crown and the various public services.

See titles COMMITTEE OF SUPPLY, and
COMMITTEE OF WAYS AND MEANS.

SURCHARGE. This word signifies overcharge, or over and above the regular amount. Thus, surcharge of the forest or of common signifies the putting in the forest or on the common more beasts than one has a right to put; and if, after admeasurement of common, upon a writ of admeasurement of pasture, the same defendant surcharges the common again, the plaintiff may have a writ of second surcharge (de secundá superatione pastura), bý which the sheriff is directed to inquire by a jury whether the defendant has in fact again surcharged the common contrary to the tenor of the last admeasurement, and if he has, he shall then forfeit to the king the supernumerary cattle put in, and shall also pay damages to the plaintiff.

This

SURCHARGE AND FALSIFY. phrase, as used in the Courts of Chancery, denotes the liberty which these Courts will occasionally grant to a plaintiff who disputes an account, which the defendant alleges is settled, to scrutinize particular items therein without opening the entire account. The shewing an item for which credit ought to have (but has not) been given is to surcharge the account; the proving an item to have been inserted wrongly is to falsify the account.

SUR CUI IN VITA. A writ that lay for the heir of a woman whose husband had aliened her land in fee, and she omitted to bring the writ of cui in vita for the recovery thereof; in which case her heir might have this writ against the tenant after her decease. Cowel.

SURETY OF THE PEACE. Surety of the peace is a species of preventive justice, and consists in obliging those persons whom there is a probable ground to suspect of future misbehaviour, to stipulate with, and to give full assurance to, the public that such offence as is apprehended shall not take place, by finding pledges or securities for keeping the peace, or for their good behaviour. This security consists in being bound with one or more securities in a recognizance or obligation to the king entered on record, and taken in some Court, or by some judicial officer; whereby the parties acknowledge themselves to be indebted to the Crown in the sum required (for instance £100), with condition to be void and of none effect if the party shall appear in Court on such a day, and in the

SURETY OF THE PEACE-continued. meantime shall keep the peace, either generally towards the king and all his liege people, or particularly also with regard to the person who seeks such security. Or if the security be for the good behaviour of the party, then on condition that he shall demean and behave himself well (or be of good behaviour), either generally or specially, for the time therein limited.

SURETYSHIP.

This word denotes the relation in which one person who is not primarily indebted stands towards two other persons, viz., the primary creditor whom he further assures in his debt, and the primary debtor whom he assists in obtaining credit. The relation is contractual in these respects, viz., the surety agrees with the creditor to pay him, failing the debtor; and the debtor agrees to repay the surety the amount which he may have paid on his account to the creditor.

The utmost good faith is required from all parties to this contract, any concealment or misrepresentation of material facts on the part of the creditor releasing the surety (Pidcock v. Bishop, 3 B. & C. 605; and quære Hamilton v. Watson, 12 Cl. & F. 109). Whence the surety will be discharged if the creditor varies the contract with his debtor without the surety's privity, or if without the surety's consent he give time to the debtor, or release the debtor, but not if he merely covenant not to sue the debtor.

It seems that the surety cannot compel the creditor (as in Roman Law, beneficium excussionis vel ordinis) to obtain payment of his debt from the debtor; but he can compel the debtor to pay the debt when due (Padwick v. Stanley, 9 Hare, 627). And in case the surety has been called upon to pay, and has paid, the debt, then he is entitled to be re-imbursed the amount by the debtor, a right which is commonly called his right to recoupment. He has also under such circumstances a right to have all securities held by the creditor delivered up to him, whether or not the same securities, or any of them, are satisfied by his own payment of the debt (Hodgson v. Shaw, 3 My. & K. 190, and M. L. A. Act, 1856); and whether or not he knew at the time of becoming surety that the creditor held such securities; a right which was called in Latin the beneficium cedendarum actionum.

Where there are two or more sureties for one and the same debt, they have in English Law no right (as they had in Roman Law under the Epistula Hadriani) to require the creditor to split his demand equally between or amongst all the solvent co-sureties (beneficium divisionis), but in lieu thereof they have what is called the

SURETYSHIP-continued.

right of contribution as against each other, where one or more have paid the entire debt. At Law this right of contribution is regulated by the original number of cosureties (Batard v. Hawes, 2 El. & Bl. 287), but in Equity by the number of those who are solvent at the time of payment (Peter v. Rich, 1 Ch. Rep. 19); and for this purpose it does not matter whether all the cosureties are by one instrument or by several instruments (Dering v. Earl of Winchelsea, 1 W. & T. L. C. 89), provided they are equally upon a line as sureties for one common debt, and not one for one part only and the others for the other part of the debt (Coope v. Twynam, 1 T. & R. 426), or some as being only collaterally liable in subsidium of the others. Swain v. Wall, 1 Ch. Rep. 149.

SURMISE. This word commonly denotes to suspect, conjecture, or suggest. In former times, where a defendant in an action pleaded a local custom-as, e.g., a custom of the City of London-it was neces sary for him "to surmise," that is, to suggest, that such custom should be certified to the Court by the mouth of the Recorder, and without such a "surmise" the issue was to be tried by the country, as other issues of fact are. 1 Burr. 251; Vin. Abr. 246 (G.).

SURREBUTTER: See title REBUTTER,

SURREJOINDER: See title REJOINDER. 'SURRENDER. A surrender is of a nature directly the reverse of a release; for as the latter operates by the greater estate descending upon the less, so a surrender operates by the falling of a less estate into a greater. It is defined by Lord Coke to be the yielding up of an estate for life or years to him who has an immediate estate in reversion or remainder, wherein the estate for life or years may drown by mutual agreement between them. The person who so surrenders is termed the surrenderor, and the person to whom he surrenders is termed the surrenderee.

See title CONVEYANCES,

The

SURRENDER OF COPYHOLDS. mode of conveying or transferring copyhold property from one person to another is by ineans of a surrender, which consists in the yielding up of the estate by the tenant into the hands of the lord for such purposes as are expressed in the surrender. The process in most manors is for the tenant to come to the steward either in Court or out of Court, or else to two customary tenants of the same manor, provided there be a custom to warrant it, and there by delivering up a rod, a glove, or other symbol, as

SURRENDER OF COPYHOLDS-contd. the custom directs, to resign into the hands of the lord, by the hands and acceptance of his steward, or of the said two tenants, all his interest and title to the estate; in trust, to be again granted out by the lord to such persons and for such uses as are named in the surrender, and as the custom of the manor will warrant. Formerly, such a surrender was wanted in order to devise copyholds; but it was rendered unnecessary by Preston's Act, 1815 (55 Geo. 3, c. 192). A surrender in the case of legal estates tail in copyholds is at the present day the only mode of barring same (3 & 4 Will. 4, c. 74); but in the case of equitable estates tail in copyholds, either a surrender or a disentailing deed may be used for that purpose. 3 & 4 Will, 4, c. 74.

SURROGATE. One who is appointed or substituted in the place of another, most commonly in the place of a bishop, or a bishop's chancellor. He usually presided in the bishop's diocesan court, and as the representative of the ordinary granted letters of administration where the spiritual court was not presided over by a judge. Upon the death of the judges of the Ecclesiastical Courts in the sees of Canterbury and London, the surrogates of such Courts were by Act of Parliament directed to perform their duties until the appointment of their successors. 3 Burn's Ecc. Law, 667, 229; stat. 10 Geo. 4, c. 53, s. 13.

SURVIVORSHIP, One of the incidents of joint estates is what is termed the doctrine of survivorship, by which, when two or more persons are seised of a joint estate of inheritance for their own lives, or pur autre vie, or are jointly possessed of a chattel interest, the entire tenancy upon the decease of any of them remains to the survivors, and at length to the last survivor; and he shall be entitled to the whole estate, whatever it be, whether an inheritance or a common freehold only, or even a less estate. This incident does not attach to estates held by tenancy in common; but in the case of these latter tenancies it is not unusual to insert a clause of survivorship or accrual as it is called. There is this difference between the accrual in joint tenancies which is implied by law, and the accrual in common tenancies which is expressed in the words of the deed, that whereas the former takes place repeatedly, as often as the event arises, the latter is confined to the original shares only of the tenants, and does not extend also to the shares accrued by the accrual, it being a maxim of law as to the express clause that (in the absence of express words) there is no survivorship upon survivorship" (Pain

66

SURVIVORSHIP-continued.

v. Benson, 3 Atk. 80). Usually, also, there is no survivorship implied at law as between partners; moreover, the Court of Chancery will defeat survivorship upon very slight distinctions.

See title JOINT TENANCY.

A tempo

SUSPENSE, SUSPENSION. rary stop or suspension of a man's rights; as when a seigniory rent, &c., on account of the unity of possession thereof, and of the land out of which it issues, are not in esse for a time, but may be revived at some future time; and thus suspension differs from extinguishment, which would extinguish or annihilate the rent for ever. The word" suspension " isalso applied to the depriving of an ecclesiastic of the profits and privileges of his benefice. See also a like use of the word in the case of Easements, supra.

TACKING.

T.

This word denotes annexing, and as applied to mortgages it signifies the annexation of a subsequent to some prior charge. This is its chief application in law; but under the Vendor and Purchaser Act, 1874 (37 & 38 Vict. c. 78), s. 7, the doctrine of tacking has been abolished as from the 7th August, 1874. The law prior to that date was expressed in the following rules, which are principally taken from the celebrated case of Brace v. Marlborough (Duchess), 2 P. Wms. 491 :—

(1.) A third mortgagee buying in a first mortgage, being a legal mortgage, might annex his third mortgage to the first, so as to squeeze out, i.e., get paid before, the second or mesne mortgage;

(2.) One who is a legal mortgagee to begin with, and who afterwards advances a further sum upon a judgment, might in like manner annex his judgment to his mortgage; but one who was a judgment creditor to begin with could not annex his judgment to a first legal mortgage which he might afterwards obtain a transfer of;

(3) Tacking is excluded when all the mortgages are equitable; also, where the third mortgage or the subsequent judgment is made or obtained with notice of the second or mesne mortgage. (See title NOTICE.)

The doctrine of Consolidation may be taken to have fallen with the abolition of tacking, for it was a gross abuse of the doctrine of tacking. It was this,-A mortgagor or the purchaser from him could not redeem one or any of two or more estates in mortgage (whether originally or by successive transfers) to the same individual without redeeming them all, for the mortgage might heap up, i.e., consolidate, all his

TACKING-continued.

mortgages upon one estate. Selby v. Pomfret, 1 J. & H. 336; Beevor v. Luek, L. R. 4 Eq. 537.

TAIL (from the Fr. tailler, to cut or to carve). This word, used in conjunction with the word "estate" or the word "fee," signifies an estate of inheritance, descendible to some particular heirs only of the person to whom it is granted, in contradistinction to an estate in fee simple, which is an estate descendible to the heirs general (without distinction) of the person to whom it is granted. An estate tail is of two kinds, general and special. When lands are given to a man and the heirs of his body without any further restriction, this is called an estate tail general; because how often soever such donee in tail be married, his issue by every such marriage is capable of inheriting the estate tail. But if the gift is restrained or limited to certain heirs of the donee's body, exclusively of others, as in the case of lands being given to a man and the heirs of his body on Mary his present wife to be begotten, this is an estate tail special, because the issue of the donce by any other wife is excluded.

On

Estates tail are also distinguished into estates tail male and estates tail female. When lands are given to a person and the heirs male of his or her body, this is called an estate tail male, and to which the female heirs are not capable of inheriting. the other hand, when lands are given to a person and the heirs female of his or her body, this is called an estate tail female, and to which the male heirs are not capable of inheriting. The person who holds an estate tail is termed a tenant in tail. And when a person grants land to a man and his particular heirs in the manner above de-cribed (i.e., when he creates an estate tail), such person is said to entail his lands. 1 Cruise, 78, 79; Les Termes de la Ley.

Estates tail exist chiefly in lands of freehold tenure, the statute De Donis Conditionalibus (13 Edw. 1, c. 1) upon which they depend speaking only of "tenements of inheritance." However, certain manors having, in imitation of the Courts at Westminster, introduced into their Courts the analogy of the statute, while other manors have persistently excluded it, it follows that in manors of the former class an estate tail in copyhold lands may and does exist, and arises in virtue of the same words as the like estate in freehold lands; whereas in manors of the latter class an estate tail does not exist, but a donum conditionale only, i.e., a fee simple conditional at Common Law, as was the case with all like gifts of freel.old lands before the Statute De Donis.

Personal estate cannot be entailed; and words of limitation which would confer an

TAIL-continued.

estate tail in freehold lands give a fee simple absolute in leasehold lands (Leventhorpe v. Ashbie, Tud. Conv. 763), or quare (if executory) a fee simple conditional. Earl of Stafford v. Buckley, 2 Ves., Sen. 170.

See also title ESTATE.

TAKING, FELONIOUS: See title LAR

CENY.

TALES.

When by means of challenges, or any other cause, a sufficient number of unexceptional jurors does not appear at the trial, either party may pray a tales as it is termed; that is, a supply of sUCH men as are summoned on the first panel in order to make up the deficiency. For this purpose a writ of decem tales, octo tales, and the like, used to be issued to the sheriff at Common Law, and must be still so done at a trial at bar, if the jurors make default. But at the assizes or nisi prius, by virtue of the stat. 35 Hen. 8, c. 6, and other subsequent statutes, the judge is empowered at the prayer of either party to award a tales de circumstantibus, i.e., of the bystanders or of persons present in the Court, to be joined to the other jurors to try the cause, who, however, are liable to the same challenges as the principal jurors. This is usually done toties quoties till the legal number of twelve is completed. 1 Inst. 155.

TALITER PROCESSUM EST. When pleading the judgment of an inferior Court the proceedings preliminary to such judgment, and on which the same was founded, must, to some extent, appear in the pleading; but the rule is that they may be alleged with a taliter processum est, i.e., with a general assertion that "such proceedings were had," instead of a detailed account of the proceedings themselves; thus, "that A. B. at a certain Court, &c., held at, &c., levied his plaint against C. D. in a certain plea of, &c., for a cause of action arising within the jurisdiction, and thereupon such proceedings were had that afterwards, &c., it was considered by the said Court that A. B. should recover against the said C. D." (1 Wms. Saund. 112, 113; Steph. Pl. 369, 5th ed.) A like concise mode of stating former proceedings in a suit is adopted at the present day in Chancery proceedings upon Petitions and in Bills of Revivor and Supplement. Pemberton on that subject.

See

TALLAGE. This word is said to be used metaphorically for a share of a man's substance, paid by way of tribute, toll, or tax; being derived from the French taller, which signifies a piece cut out of the whole. Cowel.

See title TAXATION.

TAXATION. In early Anglo-Norman times, taxation was twofold:(1.) Taxes upon land, and being either (a.) On military tenants; or (b.) On socage tenants, thereof; and (2.) Taxes upon persons other than landowners, being the taxes commonly called tallages.

The taxes of the first class were nothing more than the incidents of tenure, viz., aids, reliefs, wardships, marriages, escheats, and the like, the amounts of which were regulated by Magna Charta, 1215. The taxes of the second class were granted by the Commons in Parliament; and it is regarding these latter taxes that most of the statutes protecting the subjects' property against illegal taxation have been made, chief amongst which is the Statutum de Tallagio non Concedendo (25 Edw. 1). But the king also derived a large revenue from his hereditary domains.

In later times fresh sources of revenue were opened up, namely:

(1.) The custuma antiqua sive magna, being customs granted for the first time in 25 Edw. 1, and falling upon wool, woolfels, and leather, exported and imported; (2.) The custuma nova sive parva, being customs granted for the first time in 31 Edw. 1, and falling upon merchant strangers exclusively, and being in addition to their assessment under the custuma antiqua sive magna;

(3.) Butlerage, being a charge of 28. on every tun of wine imported by merchant strangers; and

(4.) Prisage, being a charge of 20s. for one ton before and another behind the mast, and falling upon English merchants having 20 tons of wine or more on board.

Two other modes of raising a revenue were given to the sovereign by special Acts of Parliament, passed usually at the cemmencement of each reign, viz. :— (1.) Tonnage and Poundage, the former on wine and the latter on dry goods; and

(2.) Aids, being chiefly tenths and fifteenths of moveable goods.

The king also, in virtue of his prerogative, or of an assumed prerogative, exercised other modes of raising a revenue, viz. :— (1.) Purveyance; (2.) Benevolences; (3.) Forced loans; and

(4.) Fines, forfeitures, and penalties.

In 12 Car. 2, when the feudal tenures were commuted into socage tenures, the revenue from the feudal dues was taken away, and in lieu thereof the excise duties were given to the king; but afterwards,

TAXATION-continued.

in 1692, an equivalent for the feudal dues was re-imposed on land in the shape of the land-tax, which in 38 Geo. 3, was fixed at 48. in the pound, and made perpetual.

TAXING COSTS. There are certain officers in the Courts of Common Law who are appointed to examine the items in attorneys' bills, and to make such deductions as they think proper to be made; this process of examining the bills, and making the proper deductions, is technically termed taxing costs. The officers who perform this duty are the masters of the respective Courts: and when a master has so examined a bill (or taxed the costs, as it is termed), and has deducted the items which he has thought proper to disallow from the gross amount, he marks down the remaining sum which is to be allowed, and this remaining sum is thence called the master's allocatur. In the Courts of Chancery there are similar officers called Taxing Masters, whose duties are the same in respect of Chancery proceedings, and the result of their taxation is embodied in their certificate.

The taxation of costs may be made on either of two scales, that is to say, either (1.) As between solicitor and client, which is the more liberal; or (2.) As between party and party, which is the less liberal scale.

At any time before the taxing master's certificate is signed, any party dissatisfied therewith may apply to the master for a warrant to review the taxation; and may also apply by summons at Chambers for an order to review the taxation, such review extending only to matters objected to before the master.

TELEGRAPHS. Under the stat. 31 & 32 Vict. c. 110, and the Amendment Act, 32 & 33 Vict. c. 73, the Government, in its Postmaster-General, was authorized to acquire, work, and maintain electric telegraphs, for the use of the public, having previously only had the use thereof in common with the public. The telegraph company (and now, semble, the Government) is not answerable for the consequences of a mistake in transmitting the message on the wires (McAndrew v. Electric Telegraph Company, 17 C. B. 3). Telegraph messages are not privileged from production for purposes of evidence in Courts of Justice. In re Waddell, 8 Jur. (N.S.) 181.

TELLERS. Four officers in the Exchequer so called, whose duty it was to receive all moneys due to the king, and to give the clerk of the pells a bill to charge

TELLERS-continued.

him therewith. They also paid all persons any money payable by the king, by warrant from the auditor of the receipt, and made weekly and yearly books of their receipts and payments, which they delivered to the Lord Treasurer. Cowel. See also next title.

TELLERS IN PARLIAMENT. In the language of Parliament, the "tellers" are the members of the House selected to count the members when a division takes place. In the House of Lords a division is effected by the "non-contents" remaining within the bar, and the "contents" going below it; a teller being appointed for each party. In the Commons the "ayes" go into the lobby at one end of the House, and the " noes into a lobby at the other end, the House itself being perfectly empty. The Speaker then appoints two tellers for each party, and of each two there is one for the ayes and one for the noes put together, in order that they may act as a check upon each other. On the return of the members into the House their names are ascertained by the clerks, who, having in their hands alphabetical lists printed on large pieces of cardboard, put a mark against the name of each as he passes. In this manner, a division of a full House will be effected in little more than a quarter of an hour. May's Treatise on Parliament.

TEMPORALITIES OF BISHOPS: See title SPIRITUALITIES OF A BISHOP.

In

TENANT (tenens, from tenere, to hold). This word conveys a much more comprehensive idea in the language of the law than it does in its popular sense. popular language, it is used more particularly as opposed to the word "landlord;" and always seems to imply that the land or property is not the tenant's own, but belongs to some other person, of whom he immediately holds it. But in the language of the law, every possessor of landed property is called a tenant, with reference to such property; and this, whether such landed property is absolutely his own, or whether he merely holds it under a lease for a certain number of years. The reason of it is, that almost all the real property of this kingdom is, by the policy of our laws, supposed to be granted by, dependent upon, and holden of, some superior lord, in consideration of some service to be rendered to the lord by the tenant or possessor of this property. Tenants are distinguished, according to the nature of the estate which they hold, by appropriate and corresponding terms. Thus, a person who holds an estate in