Page:The New International Encyclopædia 1st ed. v. 18.djvu/749

* SUBMARINE GUN. 649 SUBROGATION. the bow of the specially Imilt vessel the Dc- slroi/cr extended over several years. The dif- ficulty of securing accuracy, the shortness of range, and the improvement of the automobile torpedo have tended to discredit the gun. The Destruyer was sold to the Brazilian Government in 1SS)2, but it was never thereafter used, and no subsequent attempts to employ a sul)nuirine gun have been made. Torpedoes are now discharged from submerged tvibcs, but these are not properly guns, as the projectile force is merely sufficient to force the torpedoes clear of the ship's side. See Torpedo. SUBMARINE MINES. See Torpedo. SUBMARINE TELEGRAPH. See Tele- uRAPiiv, Sihmaium:. SUBMAXILLARY GANGLION (from Lat. suh, under + )iiaxiUa, jaw, jaw-bone). One of the four sympathetic ganglia lying in the cephalic region, sometimes called cranial ganglia. The latter term is rather misleading, as none of the ganglia are within the cranial cavity. The submaxillary ganglion is situated above the deep portion of the submaxillary gland. (See Sal- ivary Olaxd. ) It is connected by filaments with the lower border of the gustatory nerve (nerve of taste, supplying the tongue). It also receives motor filaments from the chorda tym- pani nerve, a branch of the facial. It is small, romided, and of a reddish-gray color; its fila- ments of distribution, five or six in number, arise from the lower part of the ganglion, and supply the mucous membrane of the mouth and Miar- ton's duct, some being lost in the submaxillary gland. The other three ganglia are Meckel's, the ophthalmic, and the otic (qq.v.). SUBORDINARY. A class of charges in heraldry (q.v.). SUBORNATION OF PERJURY. The of- fense of procuring a person to commit perjury. Although only a misdemeanor at common law, in most jurisdictions to-day it is punished with the same severity as perjury. See Perjury. SUBPCENA (Lat. sub pwna, under penalty, the initial words of the writ in its original form). A mandatory writ or process issued by a court, a quasi-judicial body, or an official hav- ing judicial powers, connnanding a person or per- sons named therein to appear at a certain time and place and testify or furnish documentary evidence in an action or judicial proceeding. Originally a subpoena was used only to compel attendance of witnesses in court, but by statute in most States many officials and bodies having judicial powers, such as boards of commissioners, coroners, etc., are authorized to compel the at- tendance of witnesses by this process. A subpoena intended only to compel the attend- ance of a witness for the purpose of giving testi- mony is known as a subptena ud Icslificandum. Where it is necessary to put in evidence docu- ments which are in the possession of a witness, he may be compelled to appear and produce them by a subpoena duces tecum. This form of sub- poena is substantially like the one above men- tioned, except that it specifically enumerates as far as possible the books, papers, and documents desired. In some code States a 'notice to pro- duce' served by one attorney in an action on his opponent serves the same purpose. In most States a subpoena may be served by any person of discretion, who usually must be eighteen years of age or upward, and service is made by delivering a copy of the subptpna to the witness personally, at the same time showing him the original, and paying or tendering his legal fees and expenses, which are fixed by statute. l'"ailure to appear in obedience to a subjxena is a contempt of court. It is usual for the party who caused the service of the sidjpo'iui to apply to the court for an order directing the witness to show cause why he should not be punished for contempt. Such a witness is also liable in a civil action for all damages which may have been caused by his noii-ap])earance to the party call- ing him. A witness maj' be excvised, in the dis- cretion of the court, upon showing a reasonable caiise for his absence, such as illness, death in family, etc. Prior to 1852 a defendant was summoned to answer an action in a court of chancery in Eng- land by a subpoena ad respondendum. This prac- tice has been superseded there by service of a copy of the bill instead, but still obtains in some jurisdictions in the United States. Such a sub- pu'ua corresponds more nearly in its purposes to a siimmons than a subpa'na as above describeil. See Simmons; Witness; Evidence. Consult the authorities referred to under Procedure. SUBROGATION (JIL. suhrogafio, from Lat. snhroiiare, sunoi/nre. to sulistitute, from sub, uuiler + roiitire, to ask). The treatment of one who has paid the debt of another, which as be- tween himself and that other should have been paid by the latter, as though he were the as- sifinee of the creditor's claim. The payer is then said to be subrogated to all the rights and remedies of the creditor against the primary debtor. The doctrine upon which this subroga- tion is based was originally applied by courts of equity, but is now generally applied by courts of law to all cases where one pays a debt on which he is secondarily liable, although the debt may be legally discharged by the payment. Equity, for the purpose of working out justice between the parties by repaying the ad- vances made, deals with the case as though the debt were still in existence, and gives to the person i)aying the debt precisely the same rights and remedies as belonged to the original creditor, but in no case does one by subrogation acquire any higher or different rights. It will thus be seen that the analogs' between subrogation and assignment is complete, one who is entitled to be subrogated to a claim or demand being treated as though he were an assignee of the claim or demand. The only difference between them is the source and not the character of the right, the right to subrogation arising by operation of law and the right of an assignee arising by voluntary act of the parties. Some of the more important cases in which the doctrine is applied are: (1) Where a junior mortgagor pays oil' a mortgage prior to his own, when equity will compel an actual assignment of the mortgage by the prior mortgagee. (2) W^hen one pays a debt to the payment of which he is entitled to contriliuticm by iithers, or for which others are primarily liable and he only second- arily, as in the case of a surety. In these cases, since the sole relief sought is payment of money, courts of law apply the doctrine, and give a com- plete remedy. ( See Contribution : Surety- ship; Quasi Contract.) (3) In some jurisdic-