英文法律词典 S-29_法律英语

英文法律词典 S-29

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SEPARALITER. Separately.

2. This word is sometimes used in indictments² to show that the defendants³ are charged separately with offences, which, without the addition of this word, would seem, from the form of the indictment¹, to be charged jointly⁵; as, for example, when two persons are indicted⁶ together for perjury⁷, and the indictment states that A and B came before a commissioner⁸, &c., this is alleging⁹ that they were both guilty of the same crime, when by law their crimes are distinct, and the indictment is vicious; but if the word separaliter is used, then the affirmation is that each was guilty of a separate offence. 2 Hale, P. C. 174.

SEPARATE ESTATE. That which belongs to one only of several persons; as, the separate estate of a partner, which does not belong to the partnership¹⁰. 2 Bouv. Inst. n. 1519.

2. The separate estate of a married woman, is that which belongs to her, and over which her hushand has no right in equity¹³. It may consist of lands or chattels¹⁴. 4 Barb¹⁵. S. C. Rep. 407; 1 Const. R. 452; 4 Bouv. Inst. n. 3996.

SEPARATE MAINTENANCE, contracts. An allowance made by a hushand to his wife for her separate support and maintenance.

2. When this allowance is regularly paid, and notice of it has been given, no person who has received such notice will be entitled to recover against the hushand for necessaries furnished to the wife, because the liability of the hushand, depends on a presumption¹⁶ of authority delegated by him to the wife, which is negatived by the facts of the case. 2 Stark¹⁷. Ev. 699.

SEPARATE TRIAL, practice. The trial of one person by himself, when he is jointly indicted with others for an alleged¹⁸ offence.

2. On a joint⁴ indictment against two or more defendants for a crime of misdemeanor, it is in the discretion¹⁹ of the court whether to allow a separate trial for each prisoner, or to order the whole of them to be tried together. 1 Baldw. Rep. 81; 12 Wheat. 480; 5 Serg. & Rawle, 60; but see 1 Pet., C. C. Rep. 118.

SEPARATION, contracts. When the hushand and wife agree to live apart they are said to have made a separation.

2. Contracts of this kind are generally made by the hushand for himself and by the wife with trustees. 4 Paige's R. 516; 3 Paige's R. 483; 5 Bligh, N. S. 339; 1 Dow & Clark, 519. This contract does not affect the marriage, and the parties may, at any time agree to live together as hushand and wife. The hushand who has agreed to a total separation cannot bring an action for criminal conversation with the wife. Roper, Hush¹². and Wife, passim; 4 Vin. Ab. 173; 2 Stark. Ev. 698; Shelf. on Mar¹¹. & Div. ch. 6, p. 608.

3. Reconciliation²⁰ after separation supersedes²¹ special articles of separation in courts of law and equity. 1 Dowl. P. C. 245; 2 Cox, R. 105; 3 Bro. C. C. 619, n.; 11 Ves. 532. Public policy forbids that parties should be permitted to make agreements for themselves to hold good whenever they choose to live separate. 5 Bligh, N. S. 367, 375; and see 1 Carr. & P. 36. See 5 Bligh, N. S. 339; 2 Dowl. P. C. 332; 2 C. & M. 388; 3 John. Ch. R. 521; 2 Sim. & Stu. 372; 1 Edw. R. 380; Desaus. R. 45, 198; 1 Y. & C. 28; 11 Ves. 526; 2 East, R. 283; 8 N. H. Rep. 350; 1 Hoff. R. 1.

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1 indictment
n.起诉；诉状
参考例句：
He handed up the indictment to the supreme court.他把起诉书送交最高法院。 They issued an indictment against them.他们起诉了他们。

2 indictments
n.（制度、社会等的）衰败迹象( indictment的名词复数 )；刑事起诉书；公诉书；控告
参考例句：
A New York jury brought criminal indictments against the founder of the organization. 纽约的一个陪审团对这个组织的创始人提起了多项刑事诉讼。来自《简明英汉词典》 These two indictments are self-evident and require no elaboration. 这两条意义自明，无须多说。来自互联网

3 defendants
被告( defendant的名词复数 )
参考例句：
The courts heard that the six defendants had been coerced into making a confession. 法官审判时发现6位被告人曾被迫承认罪行。 As in courts, the defendants are represented by legal counsel. 与法院相同，被告有辩护律师作为代表。来自英汉非文学 - 政府文件

4 joint
adj.联合的，共同的；n.关节，接合处；v.连接，贴合
参考例句：
I had a bad fall,which put my shoulder out of joint.我重重地摔了一跤，肩膀脫臼了。 We wrote a letter in joint names.我们联名写了封信。

5 jointly
ad.联合地，共同地
参考例句：
Tenants are jointly and severally liable for payment of the rent. 租金由承租人共同且分别承担。 She owns the house jointly with her husband. 她和丈夫共同拥有这所房子。

6 indicted
控告，起诉( indict的过去式和过去分词 )
参考例句：
The senator was indicted for murder. 那位参议员被控犯谋杀罪。 He was indicted by a grand jury on two counts of murder. 他被大陪审团以两项谋杀罪名起诉。

7 perjury
n.伪证；伪证罪
参考例句：
You'll be punished if you procure the witness to commit perjury.如果你诱使证人作伪证，你要受罚的。 She appeared in court on a perjury charge.她因被指控做了伪证而出庭受审。

8 commissioner
n.（政府厅、局、处等部门）专员，长官，委员
参考例句：
The commissioner has issued a warrant for her arrest.专员发出了对她的逮捕令。 He was tapped for police commissioner.他被任命为警务处长。

9 alleging
断言，宣称，辩解( allege的现在分词 )
参考例句：
His reputation was blemished by a newspaper article alleging he'd evaded his taxes. 由于报上一篇文章声称他曾逃税，他的名誉受到损害。 This our Peeress declined as unnecessary, alleging that her cousin Thornhill's recommendation would be sufficient. 那位贵人不肯，还说不必，只要有她老表唐希尔保荐就够了。

10 partnership
n.合作关系，伙伴关系
参考例句：
The company has gone into partnership with Swiss Bank Corporation.这家公司已经和瑞士银行公司建立合作关系。 Martin has taken him into general partnership in his company.马丁已让他成为公司的普通合伙人。

11 mar
vt.破坏，毁坏，弄糟
参考例句：
It was not the custom for elderly people to mar the picnics with their presence.大人们照例不参加这样的野餐以免扫兴。 Such a marriage might mar your career.这样的婚姻说不定会毁了你的一生。

12 hush
int.嘘，别出声；n.沉默，静寂；v.使安静
参考例句：
A hush fell over the onlookers.旁观者们突然静了下来。 Do hush up the scandal!不要把这丑事声张出去！

13 equity
n.公正，公平，（无固定利息的）股票
参考例句：
They shared the work of the house with equity.他们公平地分担家务。 To capture his equity,Murphy must either sell or refinance.要获得资产净值，墨菲必须出售或者重新融资。

14 chattels
n.动产，奴隶( chattel的名词复数 )
参考例句：
An assignment is a total alienation of chattels personal. 动产转让是指属人动产的完全转让。来自辞典例句 Alan and I, getting our chattels together, struck into another road to reassume our flight. 艾伦和我收拾好我们的财物，急匆匆地走上了另一条路，继续过我们的亡命生活。来自辞典例句

15 barb
n.（鱼钩等的）倒钩，倒刺
参考例句：
The barb of his wit made us wince.他那锋芒毕露的机智使我们退避三舍。 A fish hook has a barb to prevent the fish from escaping after being hooked.鱼钩上都有一个倒钩以防上了钩的鱼逃走。

16 presumption
n.推测，可能性，冒昧，放肆，[法律]推定
参考例句：
Please pardon my presumption in writing to you.请原谅我很冒昧地写信给你。 I don't think that's a false presumption.我认为那并不是错误的推测。

17 stark
adj.荒凉的；严酷的；完全的；adv.完全地
参考例句：
The young man is faced with a stark choice.这位年轻人面临严峻的抉择。 He gave a stark denial to the rumor.他对谣言加以完全的否认。

18 alleged
a.被指控的，嫌疑的
参考例句：
It was alleged that he had taken bribes while in office. 他被指称在任时收受贿赂。 alleged irregularities in the election campaign 被指称竞选运动中的不正当行为

19 discretion
n.谨慎；随意处理
参考例句：
You must show discretion in choosing your friend.你择友时必须慎重。 Please use your best discretion to handle the matter.请慎重处理此事。

20 reconciliation
n.和解，和谐，一致
参考例句：
He was taken up with the reconciliation of husband and wife.他忙于做夫妻间的调解工作。 Their handshake appeared to be a gesture of reconciliation.他们的握手似乎是和解的表示。

21 supersedes
取代，接替( supersede的第三人称单数 )
参考例句：
The new supersedes the old. 新陈代谢。 No sooner do you buy a computer than they bring out a new one which supersedes it. 你买电脑后不久他们就会推出新产品取代它。

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