Page:Black's Law Dictionary (Second Edition).djvu/1135

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714 Pa. 82, 7 At}. 224, 60 Am. Rep. 341; géennedy v. Adickes, 37 S. C. 174. 15 S. E.

Lat. In the civil law. Deaf; ii deaf person. inst. 2, 12, 3. .S'imlua et niutus, a deaf and dumb person.

sum-:Ncm‘aRn. In French law. A par-

Lv deairuus of repurchaslug property at auction before the court, can, by offering onetenth or one-sixth, according to the case, in addition to the price realized at the sale. oblige the property to be put up once moie at auction. This bid upon a bid is called a ‘siire1ichere." Arg. Fr. Merc. IJIW, 575.

SURETY. A surety is one who at the re quest of another, and for the purpose of se- uiiliig to him a benefit, becomes responsible for the performance by the latter of some act in favor of a third person, or hypothecates property as security therefor. Civ. Code Cal. 5 2S.'i1-, Cir. Code Dali. 5 1673.

A surety is defined as a person who. being liable to pay a debt or perform an obligation. is entitled, if it is enforced against him. to be indemnified by some other person who ought himself to have made payment or performed lvcfore the surety was compelled to do so. iimith v. Shelden. 35 Mich. 42, 24 Am. Rep. And see Young v McI-‘adden. 125 Ind. . 25 N. E. 284; Wise v. Miller. 45 Ohio St. 33$, 14 N. E. 218; 0'Conor v. Morse, 112 Pal. 31, 44 Poe. 305. 53 am. St. Rep. 155; Hall v. Weaver (0 G.) 34 Fed. 106. —Surety company. A company, usually icnorporated, whose business is to assume the responsibility of a surety on the bonds of (xiiicers. trustees, executors, guardians. etc., in cnnsideratiou of a fee propoitioned to the amount of the security requirod.—Su1-ety of the peace. Surety of the peace is a species of preventive justice, and consists in obligin-r those persons ii-liom there is E probable ground In suspect of future misbehavior. to stipulate uith, and to give full assurance to, the public ihat such offense as is nnprelinndnd shall not take place, by finding ‘pledges or an-curities for keeping the peace, or for their good behavior. Brown. See ilyile v. Grsucli, 62 Md. 582.

SUZRETYSHIP. The contract of surety- ship is that whereby one obligates himself to pay the debt of another in consideration of credit or indulgence, or other benefit given to his principal, the principal remaining buuiid therefor. It diifers from a guaranty in this: that the consideration of the latter is a benefit flowing to the guarantor. Code Gu. 1SS‘2. § 2148. See Snnnn.

Siii-etyship is an accessory promise by which a person binds himself for another al- ready bound, and agrees with the creditor to satisfy the obligation, if the debtor does not. Civ. Code La. art. 3035.

A (-oiitract of sliretysliip is a contract whereby one person engages to be answer- able for the debt. default, or miscarriage of another. Pitm. Princ. 8: Sur. 1, 2.

For the distinctions between "suretyship" and "guai-auty," see GUARANTY, 11..

SURFACE WATERS. See Wsrnn.

SURGEON. One whose profession or occiipation is to cure diseases or injuries of the body by manual operation; one whose occupation is to cure local injuries or disorders, whether by manual operation, or by medication and constitutional treatmeiit. Webster. See Smith v. Lane, 24 Hun (N. ) 632; Stewart v. Rk\8b, 5.3 Siiun. 20. 56 N. W. 256; Nelson v. State Board of Health, 108 Ky. 769, 57 S. W. 501, 50 L. R. A. 383.

SURMISE. Formerly where a defendant pleaded a local custom, for instance, a custom of the city of London, it was necessary for him to "snrmise," 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 Burrows, 251; Vin.;\br. 246.

A surmise is something offered to a Court to more it to grant a prohibition, auzliio qucrcla, or other writ grant-ahie thereon. Jacob.

In ecclesiustlcai practice, an allegation in a libel is called a "surmise." A collatern.l surmise is a surmise of sonic fact not :1 ppearing in the ilhei. I‘l.iil11l:n. Ecc. Law, 14-i5.

SURNAME. The family name; the name over and above the C-liristiiin name. The part of a name which is not giien in baptism; the last name; the name common to all menibcis of a family.

SURPLICE FEES. In English ecclesiastical law. Fees payable on iniiiisterial oilices of the church; such as baptisms, funerals, marriages, etc.

SURPLUS. That which remains of I. fund appropriated for a particular purpose; the remainder of a thing; the overplus; the residue. See I‘eople’s F. Ins. _Co. v. Parlier, 35 N. J. Law, 577; Towery v. McG:iw (I\y.) 56 S. W. 727 : Appeai of Coates, 2 Pa. 137. -—Sul'plus aarningl. See Eaxminos.

SURPLIISAGE.'''}} In pleading. Allegations of matter wholly foreign und inipertl- nent to the cause. All matter beyond the circumstances necessary to constitute the action. See State v. Whitehoiise, 95 Me 179. 49 Atl. 809; Adams v. Capital State Bank, 7-i Miss. 307, 20 South. 881; Bi‘-adiey v. Rey- nolds, 61 Conn. 271, ‘23 At]. 928. —Siu'plusn.ge of accounts. A greater dis- bursement lhan the charge of the nccoiin .ni amounts unto. In anol.liei- sense, "siirpliis:i::r-" iIsa tlile remainder or overplus of money ii-fl.

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Surpiusage ‘.59-ii);

Sin-plusaginm non nocat. does no harm. 3 Bouv. Inst. no. Broom, Max. M7.

SURPRISE. In equity practice. The act by which a party who is entering into a