法律英语|英文法律词典 S-29

SEPARALITER. Separately.

2. This word is sometimes used in indictments^{2 to show that the defendants3 are charged separately with offences, which, without the addition of this word, would seem, from the form of the indictment1, to be charged jointly5; as, for example, when two persons are indicted6 together for perjury7, and the indictment states that A and B came before a commissioner8, c., this is alleging9 that they were both guilty of the same crime, when by law their crimes are distinct, and the indictment is vicious; but if the word separaliter is used, then the affirmation is that each was guilty of a separate offence. 2 Hale, P. C. 174.}

SEPARATE ESTATE. That which belongs to one only of several persons; as, the separate estate of a partner, which does not belong to the partnership^{10. 2 Bouv. Inst. n. 1519.}

2. The separate estate of a married woman, is that which belongs to her, and over which her hushand has no right in equity^{13. It may consist of lands or chattels14. 4 Barb15. S. C. Rep. 407; 1 Const. R. 452; 4 Bouv. Inst. n. 3996.}

SEPARATE M人工智能NTENANCE, contracts. An allowance made by a hushand to his wife for her separate support and maintenance.

2. When this allowance is regularly paid, and notice of it has been given, no person who has received such notice will be entitled to recover against the hushand for necessaries furnished to the wife, because the liability of the hushand, depends on a presumption^{16 of authority delegated by him to the wife, which is negatived by the facts of the case. 2 Stark17. Ev. 699.}

SEPARATE TRIAL, practice. The trial of one person by himself, when he is jointly indicted with others for an alleged^{18 offence.}

2. On a joint^{4 indictment against two or more defendants for a crime of misdemeanor, it is in the discretion19 of the court whether to allow a separate trial for each prisoner, or to order the whole of them to be tried together. 1 Baldw. Rep. 81; 12 Wheat. 480; 5 Serg. Rawle, 60; but see 1 Pet., C. C. Rep. 118.}

SEPARATION, contracts. When the hushand and wife agree to live apart they are said to have made a separation.

2. Contracts of this kind are generally made by the hushand for himself and by the wife with trustees. 4 Paige's R. 516; 3 Paige's R. 483; 5 Bligh, N. S. 339; 1 Dow Clark, 519. This contract does not affect the marriage, and the parties may, at any time agree to live together as hushand and wife. The hushand who has agreed to a total separation cannot bring an action for criminal conversation with the wife. Roper, Hush^{12. and Wife, passim; 4 Vin. Ab. 173; 2 Stark. Ev. 698; Shelf. on Mar11. Div. ch. 6, p. 608.}

3. Reconciliation^{20 after separation supersedes21 special articles of separation in courts of law and equity. 1 Dowl. P. C. 245; 2 Cox, R. 105; 3 Bro. C. C. 619, n.; 11 Ves. 532. Public policy forbids that parties should be permitted to make agreements for themselves to hold good whenever they choose to live separate. 5 Bligh, N. S. 367, 375; and see 1 Carr. P. 36. See 5 Bligh, N. S. 339; 2 Dowl. P. C. 332; 2 C. M. 388; 3 John. Ch. R. 521; 2 Sim. Stu. 372; 1 Edw. R. 380; Desaus. R. 45, 198; 1 Y. C. 28; 11 Ves. 526; 2 East, R. 283; 8 N. H. Rep. 350; 1 Hoff. R. 1.}