47* 



SKTOKK. 



SKTTI.KMl'NT. 



101), millitt fl <ii*yrtiri for 1. 1(1,000 wvtertia, and immediately after- 

 ward* ymalrnitfia MI//I' (or 1,400,000 sestertia. (In the Utter cue, 

 ore must be Uken Dot to reckon the termination itt twice over in 

 multiplying ; it u not 1 400 x 100.000, but 14 K 1000 x 100.) 



The symbol HS or IIS is often used both (or trttertii and for 

 rrfrrtm. It stand* (or libra libra trmit (two poundi and a-half). 

 \\ 'hen applied to tntrrtii its meaning u clear enough, since the u waa 

 originally a pound (Mi-a) o( brass. When applied to tulniia it meant, 

 according to Oronorius (' Pec. Vet,' i. 4, 11), two pounda and a-half o( 

 nlrer, which he calculates to hare been originally equal to 1000 

 sestertii, and therefore to hare represented that value ever after. It 

 is often difficult to determine whether the symbol HS stands (or 

 tattrlii or tetltrlia. When the numeral in written in cipher, and has a 

 line OTBT it, it stands (or the adverb in in, and the HS means Kttertia : 



thus, 



a v*adri*gt*iia, or (orty thousand tedtrtia. Some- 



times the numeral U (ound with the singular of talertiitm, as trittrtii 

 dttit*. or Kttrrti" dteut. Gronovius explains these forms, and also the 

 use of tatfrlium witli the adverb in irt (which he considers to be, in 

 this case, an accusative singular), by understanding with them the 

 word ftmdtit, a pound (of silver), according to which tcttertium in these 

 forms means two pounds and a-half of silver, or 1 000 sestertii. Hence, 

 if these forms are used with a numeral in cipher, they mean the 

 number of tnltrtia represented by the adverb in I'M of that numeral 

 Thus mtrrti; X is drtia or 1000 tttttrtia. 



According to the value given above for the teitertiia, the tultrtium 

 was worth 8t 17. !</. 



The word tattrtiut is often used indefinitely for any very small sum. 

 (Hussey, ' On the Ancient Weights and Money,' c. x., 1, S, 6.) 



SET-OFF, in law, is the amount of the debt due to a defendant 

 from a plaint itt'. which the defendant is entitled to set off in answer 

 either to the whole or part, as the case may be, of the plaintiff's 

 demand. At common law, if the plaintiff was indebted to the 

 defendant in an ascertained sum in respect of the same transaction 

 concerning which the action was brought, the defendant was entitled 

 to deduct at the trial no much from the plaintiff's demand. But if 

 the debt due from the plaintiff accrued in respect of another transac- 

 tion, the defendant had no such power; and he was either compelled 

 to bring an action agaiiut the plaintiff for what was due to him, or, if 

 he wished to avail himself of his cross-demand without bringing 

 another action, to apply after the action had been commenced against 

 him to a court of equity for the purpose of adjusting the claims of 

 himself and the plaintiff. To obviate the expense and inconvenience 

 of such a course, it was enacted by 2 Ueo. II. c. 22, e. 13, that " where 

 there are mutual debts between the plaintiff and defendant, one debt 

 may be set against the other ;" upon which statute, as explained by 

 8 Ueo. II. c. 24, s. 4, is founded the whole law on the subject. A claim 

 for damages not ascertained cannot be set off, even although they relate 

 to the subject-matter of the action itself. For instance, in an action 

 for goods delivered, the defendant cannot set off the low which he has 

 suffered by their non-delivery at the proper time, &c. There must 

 also be an entire mutuality between the debt sued for and the set-off. 

 Thus a debt due from the plaintiff together with other parties cannot 

 be set off against a debt due to the plaintiff alone ; nor can a debt due 

 to the defendant personally be set off to a demand against him as 

 executor, 4c. : and the rule of law is the same for the converse of 

 these cases. It is consistent with this rule that when an action is 

 brought by or against a trustee, a set-off may be made of money due 

 to or from the party for whom he is trustee. 



A plea of set-off must describe the debt intended to be set off with 

 the same certainty and particularity as would be necessary in a decla- 

 ration, which indeed such a plea in several respects much resembles. 

 If for instance a plea of set-off contains several ports stating distinct 

 debts, these are analogous to distinct counts in a declaration, and one 

 may be sustained although the others may not. 



8ETON. [IsscB.] 



SKTTLKMENT. [PooB LAWS.] 



SKTT1.KMKXT. A settlement, in the most general sense of the 

 word, is a disposition of property of any kind made for certain pur- 

 poses by the owner, who, in relation to such disposition, is called the 

 settlor or grantor. A settlement in this case may be made either by 

 deed or by will; but the term is most commonly applied to such 

 settlements only ss are made by a deed. 



A consideration is not necessary for the validity of a deed at law. 

 Though a deed may in many cases be void as against strangers for 

 want of consideration, it is valid as between the parties. [DEED.] 

 Settlement* by deed, therefore, may be either made upon valuable or 

 good consideration, or they may be purely voluntary. 



The most important species of settlements to which, indeed, in 

 strict legal language, the term is exclusively applied are marriage 

 settlement* ; and these may be either such as are made previous to 

 sod in consideration of marriage, or subsequent to it. 



Settlements of property are frequently made by will, with reference 

 to an existing or future marriage. The forms and provisions contained 

 in such instruments are, of course, often very similar to those in deeds 

 made for like purpose*. But dispositions of this kind are to be regarded 

 in all respects as wills, and are governed by the same rules as other 

 instruments of the like nature. [ Wn.i..] 



- . ml . ..,-.' -n i :..:;..... id*l tonly suohai ;u.- 

 actually made and executed before marriage, but also such as an- exe- 

 cuted after marriage in pursuance of articles in writing drawn up ami 

 signed before marriage. 



1. First, as to the specific performance of articles and agreements to 

 settle property : 



In Kquity, no regard is paid to the form of marriage articles, and 

 the construction of them depends entirely upon the intentions and 

 objects of the parties. 



Wlien the intruded husband and wife are both of full age at the 

 time of the marriage, they are of course competent to enter into any 

 agreement for the settlement of their respective estates, and all such 

 agreements will be enforced in Kquity ; but if the parties are one or 

 l>"tli of them minors at the time, the case is different. 



When the husband is adult and the wife a minor, if the subject be 

 real estate of the wife, the husband will be bound by the articles in 

 respect of his marital interest in the lands ; that is, for the estate 

 which he takes during the joint lives of himself and his wife, and as 

 tenant by the courtesy if he survive her and there have been issue of 

 the marriage : but the wife will not be bound by them; and, if she die 

 during infancy or after attaining majority, but without having con- 

 firmed the settlement in the mode prescribed by the law for disposition 

 of real estate by married women, her heir will take the property unfet- 

 tered by the articles. Again, if, in the cose supposed, the property be 

 personalty of the wife (which, in the absence of a settlement, would 

 become the property of the husband), the articles will lie valid as 

 respects both husband and wife, being, in effect, the settlement of the 

 husband. And this is true also as to chattels real and rhotc* in 

 which become reducible into possession during the coverture ; but, as 

 to property already settled to the separate use of the wife, and c/uaa 

 in iii-tinti which do not, in event, become reducible into possession 

 during the coverture, the wife will not be bound by the articles. 



If a male infant marry an adult female, he is bound by the articles 

 entered into by her for the settlement of her estate, and must execute 

 them when he comes of age, whatever be the nature of the property ; 

 but as to his own estate, he will not be bound by them. 



When the husband and wife are both minors at the time of the 

 marriage, the articles are absolutely null as respects them, unless con- 

 firmed after the attainment of majority. In such a case a confirmation 

 of the articles by the wife must be express, and made in the same 

 manner as any other alienation of property by a married woman ; but 

 confirmation on the part of the husband will often be implied from 

 circumstances, such as the acceptance by him of any property under 

 the articles. 



It has sometimes been thought that the consent of parents or 

 guardians, and the sanction of the Court of Chancery, might give effect 

 to settlements of their property by infants, which would not have been 

 otherwise binding ; but it may now be considered as settled that there 

 is no foundation for such a doctrine. 



Marriage is regarded by the law as a valuable consideration, and will 

 support a covenant entered into by a third party to settle property 

 upon the husband and wife and their issue, whether the settlor ' 

 under a natural obligation to make a provision, as in the case of a 

 parent, or merely a stranger; and such a covenant will be enforced not 

 only against the settlor himself, but against his heir, devisee, or 

 personal representative. 



Settlements made after marriage, when no valuable consideration 

 (that is to say, no consideration in money or property) is given for 

 them, are generally called, in contradistinction to those made upon 

 marriage, voluntary settlements, and the persons who take under thi-ni 

 are called volunteers ; though, as such settlements may have good con- 

 siderations to support them, the application of the term is not always 

 strictly accurate. By a good consideration, as distinguished from a 

 valuable one, is here meant that love and affection which is naturally 

 supposed to subsist between near relations, such as parents and 

 children, brothers and sisters, uncles and nephews or nieces. 



Specific performance of voluntary covenants to settle property will 

 be enforced in Kquity only in favour of those persons for whom the 

 covenantor is under a natural and moral obligation to provide ; that is 

 to say, in favour of his wife or children, but not in favour of any other 

 class of volunteers. If, however, any valuable consideration ha really 

 been given, either by the person who, by himself or his rep 

 claims execution of the articles, or by a third person, in favour of the object 

 of the limitation, specific performance will be decreed, and no objection 

 can be made on account of want of relationship between the parties; 

 and, for this purpose, it is sufficient if the fact of a consideration 

 given can be inferred from the circumstances. Though a person whoae 

 claim is not supported by a good or valuable consideration cannot him- 

 self compel the execution of articles in his favour, lie mny yet have the 

 benefit of a suit instituted by another ; for in decreeing specific per- 

 formance, the court executes the entire articles, though they may 

 embrace limitations to persons in whose favour it would not have 

 originally interfered. 



2. Next, as to the validity of marriage settlements against creditors 

 and purchasers. 



Marriage being a valuable consideration, the circumstance of the 

 settlor being indebted, or even insolvent, at the time of the execution 

 of the settlement, can have no effect on its validity, even though Hie 



