英文法律词典 S-110

SURVIVOR¹. The longest liver of two or more persons.

2. In crises of partnership², the surviving partner is entitled to have all the effects of the partnership, and, is bound to pay all the debts owing by the firm. Gow on Partn. 157; Watson on Partn. 364. He is, however, bound to account for the surplus to the representatives of his deceased partners, agreeably to their respective rights.

3. A surviving trustee is generally vested with all the powers of all the trustees, and the surviving administrator³ is authorized⁴ to act for the estate as if he had been sole administrator. As to the presumption⁵ of survivorship, when two or more persons have perished by the same event, see Civ. Code of Lo. art. 930 to 933 and vide Death; Cro. Eliz. 503; 1 Bl. Rep. 610 2 Phill. Rep. 261; S. C. 1 Eccles. Reports, 250; Fearne on Rem. iv.; Poth. on Obli. by Evans, vol. 2, p. 346; 8 Ves. 10; 14 Ves. 578 17 Ves. 482; 6 Taunt⁶. 213; Cowp. 257; 5 Ves. 485. Vide, generally, 2 Fonbl. Eq. 102; 8 Vin. Ab. 323; 20 Vin. Ab. 146; 8 Com. Dig. 475, 594; 1 Suppl. to Ves. jun. 115, 186, 407, 8, 2 Suppl. to Ves. jun. 47, 296, 340, 391,477; 1 Fodere, Med. Leg. §424-483.

4. The right of survivorship among joint-tenants has been abolished, except as to estates beld in trust, in Pennsylvania, New York, Kentucky, Virginia, Indiana, Missouri, Tennessee, Alabama, Georgia, North and South Carolina. Vide Estates in Joint-tenancy. In Connecticut it never existed. 1 Swift's Dig. 102 see 1 Hill. Ab. 440. As to survivorship among legatees, see 1 Turn. & R. 413; 1 Br. C. C. 574; 3 Russ. 217. See Death; Estates in Joint-tenancy; Joint-tenants; Partnership.

SUS' PER COLL', EngI. law. In the English practice, a calendar is made out of attainted criminals, and the judge signs the calendar with their separate judgments⁷ in the margin⁸. In the case of a capital felony. it is written opposite the prisoner's name, "let him be hanged by the neck," which, when the proceedings⁹ were in Latin, was, "suspendatur per collum," or, in the abbreviated¹⁰ form, "sus' per coll'." 4 Bl. Comm. 403.

SUSPENDER, Scotch¹¹ law. He in whose favor a suspension is made.

2. In general a suspender is required to give caution to pay the debt in the event it shall be found due. Where the suspender cannot, from his low or sus-pected circumstances, procure¹² unquestionable security, the lords admit jura-tory caution; but the reasons of suspension are in that case, to be considered with particular accuracy at passing the bill. Act. S. 8 Nov. 1682; Ersk. Prin. L. Scot. 4, 3, 6.