To put more cattle upon a common than the herbage will sustain or than the party has a right to do. 3 Bl. Comm. 237. In equity practice. To show that a

Lat. In the civil law. Deaf; a deaf person. Inst. 2, 12, 3. Surdus et mutus, a deaf and dumb person.

In French law. A party desirous of repurchasing property at auction before the court, can, by offering one- tenth or one-sixth, according to the case, in addition to the price realized at

A surety is one who at the request of another, and for the purpose or se- curing to him a benefit, becomes responsible for the performance by the latter of some act

The contract of suretyship is that whereby one obligates himself to pay the debt of another in consideration of credit or indulgence, or other benefit given to his principal, the principal remaining

See WATER.

One whose profession or occupation is to cure diseases or injuries of the body by manual operation; one whose occupation is to cure local injuries or disorders, whether by manual operation, or

Formerly where a defendant pleaded a local custom, for instance, a cus- tom of the city of London, it was necessary for him to “surmise,” that is, to suggest that such custom

The family name; the name over and above the Christian name. The part of a name which is not given in baptism ; the last name; the name common to all members

In English ecclesiastical law. Fees payable on ministerial offices of the church; such as baptisms, funerals, marriages, etc.

That which remains of a fund appropriated for a particular purpose; the remainder of a thing; the overplus; the residue. See People’s F. Ius. Co. v. Parker, 35 N. J. Law, 577;

In pleading. Allegations of matter wholly foreign and impertinent to the cause. All matter beyond the circumstances necessary to constitute the action. See State v. Whitehouse, 95 Me. 179, 49 Atl. 869;

In equity practice. The act by which a party who is entering into a SURPRISE 1128

N contract is taken unawares, by which sudden confusion or perplexity is created, which renders it proper that a court of equity should relieve the party so surprised. 2 Brown, Ch. 150.

In pleading. The plaintiff’s answer of fact to the defendant’s rebutter. Steph. PI. 59.

In pleading. The plaintiff’s answer of fact to the defendant’s rejoinder. Steph. l’l. 59.

A yielding up of an estate for life or years to him who has an im- mediate estate in reversion or remainder, by which the lesser estate is merged in the greater

Stealthily or fraudulently done, taken away, or introduced.

the court o] ordinary, court of probate, etc., relating to matters of probate, etc. 2 Kent, Comm. 409, note b. And see Robinson v. Fair, 128 U. S. 53, 9 Sup. Ct.

L. Fr. In old English law. Neglect; omission; default; cessation.