SUB SILENTIO. Under silence, without any notice being taken. Sometimes passing a thing sub silentio is evidence of consent. See Silence.

SUBSTANCE, evidence. That which is essential; it is used in opposition¹ to form.

2. It is a general rule, that on any issue it is sufficient to prove the substance of the issue. For example, in a case where the defendant² pleaded payment of the principal sum and all interest due, and it appeared in evidence that a gross sum was paid, not amounting to the full interest, but accepted by the plaintiff as full payment, the proof was held to be sufficient. 2 Str. 690; 1 Phil. Ev. 161.

SUBSTITUTE, contracts. One placed under another to transact³ business for him; in letters of attorney, power is generally given to the attorney to nominate and appoint a substitute.

2. Without such power, the authority given to one person cannot in general be delegated to another, because it is a personal trust and confidence, and is not therefore transmissible. The authority is given to him to exercise his judgment⁴ and discretion⁵, and it cannot be said that the trust and confidence reposed⁶ in him shall be exercised at the discretion of another. 2 Atk. 88; 2 Ves. 645. But an authority may be delegated to another, when the attorney has express power to do so. Bunb. 166; T. Jones, 110. See Story, Ag. §§13, 14. When a man is drawn⁷ in the militia⁸, he may in some cases hire a substitute.

SUBSTITUTES, Scotch⁹ law. Where an estate is settled on a long series of heirs, substituted one after another, in tailzie, the person first called in the tailzies, is the institute; the rest, the beirs of tailzie; or the substitutes. Ersk. Princ. L. Scotl. 3, 8, 8. See Tailzie; Institute.

SUBSTITUTION, civil law. In the law of devises, it is the putting of one person in the place of another, so that he may, in default of ability in the former, or after him, have the benefit of a devise or legacy¹⁰.

2. It is a species of subrogation made in two different ways; the first is direct substitution, and the latter a trust or fidei commissary substitution. The first or direct substitution, is merely the institution of a second legatee, in case the first should be either incapable¹¹ or unwilling¹² to accept the legacy; for example, if a testator should give to Peter his estate, but in case he cannot legally receive it, or he wilfully¹³ refuses it, then I give it to Paul; this is a direct substitution. Fidei commissary substitution is that which takes place when the person substituted is not to receive the legacy until after the first legatee, and consequently must receive the thing bequeathed from the hands of the latter for example, I institute Peter my heir, and I request that at his death he shall deliver my succession to Paul. Merl. Repert. h. t.; 5 Toull. 14.