SUB MODO. Under a qualification; a legacy1 may be given sub modo, that is, subject to a condition or qualification.
SUBNOTATIONS, civ. law. The answers of the prince to questions which had been put to him respecting some obscure or doubtful point of law. Vide Rescripts.
SUBORNATION OF PERJURY2, crim. law. The procuring3 another to commit legal perjury, who in consequence of the persuasion4 takes the oath to which be has been incited5. Hawk6. B. 1, c. 69, s. 10.
2. To complete the offence, the false oath must be actually taken, and no abortive7 attempt (q. v.) to solicit8 will complete the crime. Vide To Dissuade9; To persuade.
3. But the criminal solicitation10 to commit perjury, though unsuccessful, is a misdemeanor at common law. 2 East, Rep. 17; 6 East, R. 464; 2 Chit. Crim. Law, 317; 20 Vin. Ab. 20. For a form of an indictment11 for an attempt to suborn a person to commit perjury, vide 2 Chit. Cr. Law, 480; Vin. Ab. h. t.
4. The act of congress of March 3, 1825, §13, provides, that if any person shall knowingly or wilfully12 procure13 any such perjury, mentioned in the act, to be committed, every such person so offending, shall be guilty of subornation of perjury, and shall, on conviction thereof, be punished by fine, not exceeding two thousand dollars, and by imprisonment14 and confinement15 to hard labor16, not exceeding five years, according to the aggravation17 of the offence.
SUBPOENA18, practice, evidence. A process to cause a witness to appear and give testimony19, commanding him to lay aside all pretences20 and excuses, and appear before a court or magistrate21 therein named, at a time therein mentioned, to testify for the party named, under a penalty therein mentioned. This is usually called a subpoena ad testificandum.
2. On proof of service of a subpoena upon the witness, and that he, is material, an attachment22 way be issued against him for a contempt, if he neglect to attend as commanded.
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