英文法律词典 S-101

SUPERIOR. One who has a right to command; one who holds a superior rank; as, a soldier is bound to obey his superior. 2. In estates, some are superior to others; an estate entitled to a servitude or easement over another estate, is called the superior or dominant¹, and the other the inferior or servient estate. 1 Bouv. Inst. n. 1612.

3. Of courts, some are supreme² or superior, possessing in -general appellate jurisdiction³, either by writ⁴ of error or by appeal; 3 Bouv. Inst. n. 2527; the others are called inferior courts.

SUPERNUMERARII, Rom. civil law. From the reign⁵ of Constantine to Justinian, advocates were divided into two classes: viz. advocates in title, who were called statute⁶, and supernumeraries. The statutis were inscribed⁷ in the mat-riculation books, and formed a part of the college of advocates in each jurisdiction. The supernumeraries were not attached to any bar in particular, and could reside where, they pleased; they took the place of advocates by title, as vacancies⁸ occurred in that body. Code Justin., de adv. div. jud. c. 3, 11, 13; Calvini Lex, ad voc.; also Statuti.

SUPERSEDEAS, practice, actions. The name of a writ containing a command to stay the proceedings¹⁰ at law.

2. It is granted on good cause shown that the party ought not to proceed. F. N. B. 236. There are some writs¹¹ which though they do not bear this name have the effect to supersede⁹ the proceedings, namely, a writ of error, when bail¹² is entered, operates as a supersedeas, and a writ of certiorari to remove the proceedings of an inferior into a superior court has, in general, the same effect. 8 Mod. 373; 1 Barnes, 260; 6 Binn. R. 461. But, under special circumstances, the certiorari has not the effect to stay the proceedings, particularly where summary proceedings, as to obtain possession under the landlord and tenant¹³ law, are given by statute. 6 Binn. R. 460; 1 Yeates, R. 49; 4 Dall. R. 214; 1 Ashm. R. 230; Vide Vin. Ab. h. t.; Bac. Ab. h. t.; Com. Dig. h. t.; Yelv. R. 6, note.

SUPERSTITIOUS¹⁴ USE, English law. When lands, tenements¹⁵, rents, goods or chattels¹⁶ are given, secured or appointed for and toward the maintenance of a priest or chaplain to say mass; for the maintenance of a priest, or other man, to pray for the soul of any dead man, in such a church or elsewhere; to have and maintain perpetual obits, lamps, torches, &c., to be used at certain times to help to save the souls of men out of purgatory¹⁷; in such cases the king by force of several statutes¹⁸, is authorized¹⁹ to direct and appoint all such uses to such purposes as are truly charitable. Bac. Ab. Charitable Uses and Mortmain, D; Duke on Char²⁰. Uses, 105; 6 Ves. 567; 4 Co. 104.

2. In the United States, where all religious opinions are free, and the right to exercise them is secured to the people, a bequest²¹ to support a catholic priest, aud perhaps certain other uses in England, would not in this country be considered as superstitious uses. 1 Pa. R. 49; 8 Penn. St. R. 327; 17 S. & R. 388; 1 Wash. 224. It is not easy to see how there can be a supersti-tious use in this country, at least in the acceptation of the British courts. 1 Watts²², 224; 4 Bouv. Inst. n. 3985.