英文法律词典 S-51

SIRE. A title of honor given to kings or emperors in speaking or writing to them.

SISTER. A woman who has the same father and mother with another, or has one of them only. In the first case she is called sister, simply; in the second, half sister. Vide Brother; Children; Descent; Father; Mother.

SITUS. Situation;, location. 5 Pet. R. 524.

2. Real estate has always a fixed¹ situs, while personal estate has no such fixed situs; the law rei site regulates real but not the personal estate. Story, Confl. of Laws, §379.

SKELETON BILL, com. law. A blank paper, properly stamped, in those countries where stamps are required, with the name of a person signed at the bottom.

2. In such case the person signing the paper will be held as the drawer or acceptor, as it may be, of any bill which shall afterwards be written above his name to the sum of which the stamp is applicable. 1 Bell's Com. 390, 5th ed.

SKILL, contracts. The art of doing a thing as it ought to be done.

2. Every person who purports² to have skill in la business, and undertakes for hire to perform it, is bound to do it with ordinary skill, and is res-ponsible civilly in damages for the want of it; 11 M. & W. 483; and sometimes he is responsible criminally. Vide Mala Praxis; 2 Russ. on Cr. 288,

3. The degree of skill and diligence required, rises in proportion to the value of the article, and the delicacy³ of the operation: more skill is required, for example, to repair a very delicate mathematical instrument, than upon a common instrument. Jones' Bailm. 91; 2 Kent, Com. 458, 463; 1 Bell's Com. 459; 2 Ld. Raym. 909, 918; Domat, liv. 1, t. 4, §8, n. 1; Poth. Louage, n. 425; Pardess. n. 528; Ayl. Pand. B. 4, t. 7, p. 466; Ersk. Inst. B. 3, t. 3, §16; 1 Rolle, Ab. 10; Story's Bailm. §431, et seq.; 2 Greenl. Ev. §144.

SLANDER⁴, torts. The defaming a man in his reputation by speaking or writing words which affect his life, office, or trade, or which tend to his loss of preferment in marriage or service, or in his inheritance, or which occasion any other particular damage. Law of Nisi Prius, 3. In England, if slander be spoken of a peer, or other great man, it is called Scandalum Magnatum. Falsity and malice⁵ are ingredients of slander. Bac. Abr. Slander. Written or printed slanders⁶ are libels; see that word.

2. Here it is proposed to treat of verbal slander only, which may be considered with reference to, 1st. The nature of the accusation⁷. 2d. The falsity of the charge. 3d. The mode of publication. 4th. The occasion; and 5th. The malice or motive⁸ of the slander.

3. - §1. Actionable words are of two descriptions; first, those actionable in themselves, without proof of special damages and, secondly⁹, those actionable only in respect of some actual consequential¹⁰ damages.

4. - 1. Words of the first description must impute¹¹: 1st. The guilt¹² of some offence for which the party, if guilty, might be indicted¹³ and punished by the criminal courts; as to call a person a "traitor," "thief," "highwayman;" or to say that he is guilty of "perjury," "forgery," "murder," and the like. And although the imputation¹⁴ of guilt be general, without stating the particulars of the pretended crime, it is actionable. Cro. Jac. 114, 142; 6 T. R. 674; 3 Wils. 186; 2 Vent¹⁵. 266; 2 New Rep. 335. See 3 Serg. & Rawle, 255 7 Serg. & Rawle, 451; 1 Binn. 452; 5 Binn. 218; 3 Serg. & Rawle, 261; 2 Binn. 34; 4 Yeates, 423; 10 Serg. & Rawle, 44; Stark¹⁶. on Slander, 13 to 42; 8 Mass. 248; 13 Johns. 124; Id. 275.

5. - 2d. That the party has a disease or distemper which renders him unfit for society. Bac. Abr. Slander, B 2. An action can therefore be sustained for calling a man a leper. Cro. Jac. 144 Stark. on Slander, 97. But charging another with having had a contagious¹⁷ disease is not actionable, as he will not, on that account, be excluded from society. 2 T. R. 473, 4; 2 Str. 1189; Bac. Abr. tit. Slander, B 2. A charge which renders a man ridiculous, and impairs¹⁸ the enjoyment¹⁹ of general society, and injures those imperfect rights of friendly intercourse²⁰ and mutual²¹ benevolence²² which man has with respect to man, is also actionable. Holt on Libels, 221.

6. - 3d. Unfitness in an officer, who holds an office to which profit or emolument²³ is attached, either in respect of morals or inability to discharge the duties of the office in such a case an action lies. 1 Salk. 695, 698; Rolle, Ab. 65; 2 Esp. R. 500; 5 Co. 125; 4 Co. 16 a; 1 Str. 617; 2 Ld. Raym. 1369; Bull. N. P. 4; Holt on Libels, 207; Stark. on Slander, 100.

7. - 4th. The want of integrity or capacity, whether mental or pecuniary²⁴, in the conduct of a profession, trade or business, in which the party is engaged, is actionable, 1 Mal. Entr. 244 as to accuse an attorney or artist of inability, inattention, or want of integrity; 3 Wils. 187; 2 Bl. Rep. 750; or a clergyman of being a drunkard; 1 Binn. 178; is actionable. See Holt on Libels, 210; Id. 217.

8. - 2. Of the second class are words which are actionable only in respect of special damages sustained by the party slandered²⁵. Though the law will not permit in these cases the inference of damage, yet when the damage has actually been sustained, the party aggrieved²⁶ may support an action for the publication of an untruth; 1 Lev. 53; 1 Sid. 79, 80; 3 Wood. 210; 2 Leon. 111; unless the assertion be made for the assertion of a supposed claim; Com. Dig. tit. Action upon the case for Defamation²⁷, D 30; Bac. Ab. Slander, B; but it lies if maliciously²⁸ spoken. See 1 Rolle, Ab. 36 1 Saund. 243 Bac. Abr. Slander, C; 8 T. R. 130 8 East, R. 1; Stark. on Slander, 157.

9. - §2. The charge must be false; 5 Co. 125, 6; Hob. 253; the falsity of the accusation is to be implied till the contrary is shown. 2 East, R. 436; 1 Saund. 242. The instance of a master making an unfavorable representation of his servant, upon an application for his character, seems to be an exception, in that case there being a presumption²⁹ from the occasion of the speaking, that the words were true. 1 T. R. 111; 3 B. & P. 587; Stark. on Slander, 44, 175, 223.

10. - §3. The slander must, of course, be published, that is, communicated to a third person; and if verbal, then in a language which he understands, otherwise the plaintiff's reputation is not impaired³⁰. 1 Rolle, Ab. 74; Cro. Eliz. 857; 1 Saund. 2425 n. 3; Bac. Abr. Slander, D 3. A letter addressed to the party, containing libelous³¹ matter, is not sufficient to maintain a civil action, though it may subject the libeler to an indictment³², as tending to a breach³³ of the peace; 2 Bl. R. 1038; 1 T. R. 110; 1 Saund. l32, n. 2; 4 Esp. N. P. R. 117; 2 Esp. N. P. R. 623; 2 East, R. 361; the slander must be published respecting the plaintiff; a mother cannot maintain an action for calling her daughter a bastard³⁴. 11 Serg. & Rawle, 343. As to the case of a man who repeats the slander invented by another, see Stark. on Slander, 213; 2 P. A. Bro. R. 89; 3 Yeates, 508; 3 Binn. 546.

11. - §4. To render words actionable, they must be uttered without legal occasion. On some occasions it is justifiable³⁵ to utter slander of another, in others it is excusable, provided it be uttered without express malice. Bac. Ab. Slander, D 4; Rolle, Ab. 87; 1 Vin. Ab. 540. It is justifiable for au attorney to use scandalizing expressions in support of his client's cause and pertinent³⁶ thereto. 1 M. & S. 280; 1 Holt's R. 531; 1 B. & A. 232; see 2 Serg. & Rawle, 469; 1 Binn. 178; 4 Yeates, 322; 1 P. A. Browne's R. 40; 11 Verm. R. 536; Stark. on Slander, 182. Members of congress and other legislative³⁷ assemblies cannot be called to account for anything said in debate.

12. - §5. Malice is essential to the support of an action for slanderous³⁸ words. But malice is in general to be presumed until the contrary be proved; 4 B. & C. 247; 1 Saund. 242, n. 2; 1 T. R. 1 11, 544; 1 East, R. 563; 2 East, R. 436; 2 New Rep. 335; Bull. N. P. 8; except in those cases where the occasion prima facie excuses the publication. 4 B. & C. 247. See 14 Serg. & Rawle, 359; Stark. on Slander, 201. See, generally, Com. Dig. tit. Action upon the case for Defamation; Bac. Abr. Slander; 1 Vin. Abr. 187; 1 Phill. Ev. ch. 8; Yelv. 28, n.; Doctr. Plac. 53 Holt's Law of Libels; Starkie on Slander, Ham. N. P. ch. 2, s. 3.