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SUPERVISOR

6798

SUPPLEMENTAL BILL

County Court, 8 Cal. 58; People v. Marin, or meets a want. A legislative act, providCounty Sup'rs, 10 Cal. 344; Waugh v. Chaun- ing that so much of a certain other act cey, 13 Cal. 12; Robinson V. Sacramento which changed the time for holding court in County Sup’rs, 16 Cal. 208).

a certain county as required the court to be A "supervisor cannot be created by not take effect until the following year, etc.,

held in such county on a certain day should legislative enactment. The office of super- may be fairly described as a “supplemental" visor is a constitutional one (Const. art. 3, 8 act, and not an amendatory act, within the 22), and is elective; and to clothe any one provisions of Const. Tex. art. 7, § 25, forbidwith powers of a supervisor who has not ding the amendment of an act by reference been elected would be to act in direct conflict to its title. Loomis v. Runge, 66 Fed. 856, with the spirit and intent of that portion of 859, 14 C. C. A. 148. the Constitution making supervisors elective. Williams v. Boynton, 25 N. Y. Supp. 60, 67, 71 Hun, 309.

SUPPLEMENTAL AFFIDAVIT. An action brought by “the supervisors

A "supplemental affidavit" is not conof the town” means the supervisors of the fined to an explanation of the original afli. town eo nomine, without use of their per- davit, but may set up a new and different sonal names, and the action is that of the defense. The setting up of a new or differtown, and not of the supervisors personally. ent defense, however, is suspicious, and reState v. Town of Decatur, 17 N. W. 20, 22, quires that the same shall be closely scru58 Wis. 291.

tinized. Callan v. Lukens, 89 Pa. 134, 136.

SUPERVISORY CONTROL.

SUPPLEMENTAL ANSWER. The term "supervisory control," as used

A "supplemental answer" is in the nain Const. art. 8, § 2, giving the Supreme ture of a plea puis darrein continuance unCourt supervisory control, implies something der the old practice, which it was necessary to supervise, as well as something to control, to plead at the first opportunity, and before and the exercise of judicial discretion on the the next continuance, and could only be part of the court. The supervisory power the court in its discretion, on showing a sat

pleaded at a later date by leave granted by granted to this court is a co-ordinate power, and, as with its original and appellate juris

isfactory excuse for the negligence. The diction, so with this. The power thus con- ends of justice require the same rule to be ferred will only be exercised after consider applied in the case of supplemental answers. ation, deliberation, and a judicial determina. Where, pending an action, matter has arisen tion of the merits of the controversy with constituting a good technical, though an inreference to which it is sought to be invoked. equitable, defense, which, the defendant, It cannot be appealed to, and a remedy had having notice, has for several years neglect under it, as a matter of course. In re Wes

ed to plead, one trial having intervened, the

court, after such delay, in the exercise of its ton, 72 Pac. 512, 516, 28 Mont. 207.

discretion will, on the ground of laches, re

fuse leave to file a supplemental answer setSUPPLEMENT.

ting up such matter as a defense. French

v. Edwards (U. S.) 9 Fed. Cas. 778, 780. A “supplement” is that which supplies a deficiency; that which tills up, completes, or SUPPLEMENTAL BILL. makes an addition to something already organized, arranged, or set apart; a part See "Bill of Revivor and Supplement." added to or a continuation of. It is used sometimes as synonym of “appendix."

A supplemental bill “is a bill filed for State v. Wyandot County, 16 Ohio Cir. Ct. R. the purpose of supplying a defect which has 218, 221 (quoting 9 Ohio Dec. 90, 91).

arisen in the progress of the suit by the hap

pening of some event subsequent to the filing "Supplement" is a supplying by addic of the original bill, and is in continuation tion of what is wanting. Thus it was held of the original suit.” Butler v. Cunningham that where an act authorized the construc- (N. Y.) 1 Barb. 85, 87. tion of waterworks for a city, but required the assent of the voters, the purpose of a tion of the original suit by or against a party

A supplemental bill is a mere continuasubsequent act repealing the provision as to having or acquiring the interest of the forassent was sufficiently expressed by its title as a supplement to, etc. Rahway Sav. Inst.

mer party, and it forms, together with the v. City of Rahway, 20 Atl. 756, 757, 53 N. J. original bill and the proceedings under it, but Law, 48.

one record. Harrington v. Slade (N. Y.) 22

Barb. 161, 166. SUPPLEMENTAL ACT.

A supplemental bill is a bill which is

merely “in continuation of the original sult The word "supplemental" is defined by and filed for the purpose of filling up such a Webster as that which supplies a deficiency deficiency as does not cause a material al

а

SUPPLEMENTAL BILL

6799

SUPPLEMENTARY

teration in the matter in litigation or & , person, whether or not already a party, change of the principal parties, and when, without depriving all of the original plaintherefore, it is only requisite to add some tiffs of their interest, the defect arising from thing to the former proceedings in order to this event may be settled by a supplemental attain complete justice.” Bowie v. Minter, bill. 1 Fost. Fed. Prac. p. 409, $ 187. This 2 Ala. 406, 411.

bill may be filed at any time during the

progress of the suit, as well after as before A supplemental bill is considered merely a decree, and even during the pendency of as an addition to the original bill, and, while an appeal. A defendant may file a suppleit is often permissible and proper to intro mental bill, which may also be brought in duce matter that has occurred after the in-behalf of the defendant in the suit. The stitution of the suit, and of such a nature as authorities are clear that when new parties cannot be properly the subject of an amend- must be brought in, or new matter is brought ment, yet such new matter must not be such forward by persons not parties to the orig. as to change the rights and interests of the inal suit, but whose rights and interests are parties before the court. Ledwith v. City of affected by the decree already made, and Jacksonville, 13 South. 454, 458, 32 Fla. 1.

who seek to set up matters which occurred A "supplemental bill,” says Story, Eq. during the pendency of the action, the filing Pl. $ 332, “is merely an addition to the orig. of a supplemental bill in the nature of a bill inal bill, in order to supply some defect in of review is the proper practice. Thompson its original frame or structure. In many

v. Schenectady R. Co. (U. S.) 119 Fed. 634,

638. cases an imperfection in the frame of the original bill may be remedied by an amend Strictly speaking, a "supplemental bill" ment. Generally a mistake in the bill in relates to matters occurring after bill filed, the statement of a fact should be correct- ' as changes of interest pendente lite, etc. ed by an amendment, and not by a right Melton v. Withers, 2 S. C. (2 Rich.) 561, statement of the fact in a supplemental 567. bill; but the imperfection of a bill may remain undiscovered while the proceedings are

SUPPLEMENTAL COMPLAINT. in such a state that an amendment can be permitted according to the practice of the Any complaint made by the representacourt, or it may be of such a nature, having tive of a deceased plaintiff, though it be the occurred after the suit is brought, as may first filed in the action, is a "supplemental not properly be the subject of an amendment. complaint," within the meaning of Rev. St. By the practice of the court no amendment § 2803, authorizing actions to be revived, on is generally allowable after the parties are motion, within one year from the death, etc., at issue upon the points of the original bill “or afterwards, on a supplemental comand witnesses have been examined; nor is plaint.” Plumer v. McDonald Lumber Co., it generally allowable to introduce into the 42 N. W. 250, 252, 74 Wis. 137. bill by amendment any matter which has happened since the filing of the bill. In such tional complaint, consisting of facts arising

A supplemental complaint is an addicases a supplemental bill is the appropriate after the filing of an original, and it and the remedy, and such a supplemental bill may not only be for the purpose of putting in is- original constitute the complaint in the

cause. sue new matter, which may vary the relief

Under Rev. St. 1881, $ 399, providing prayed in the original bill, but also for the that the court may on motion allow supplepurpose of putting in issue matter which mental pleadings showing facts which occur may prove the plaintiff's right to the relief after the former pleadings were filed, it is

within the discretion of the trial court to aloriginally prayed.” Bloxham Florida Cent. & P. R. Co., 22 South. 697, 704, 39 Fla. the issues are closed. Pouder v. Tate, 132

low the filing of additional pleadings after 243, Ely v. Wilcox, 26 Wis. 91, 98.

Ind. 327, 329, 30 N. E. 880. A supplemental bill is an addition to an original bill, and is ordinarily filed to cor- SUPPLEMENTAL PETITION. rect imperfection or mistake in the original bill, or to bring some new party into the A petition containing merely a statecase. It may also be filed in some cases to ment of transactions constituting his cause bring before the court new matters which of action arising before the bringing of the have occurred since the filing of the original suit is technically an "amended petition," bill, and in that event the relief originally and it was incorrect to designate it as "supprayed for may be modified or enlarged to plemental petition,” since it pleaded no new meet the case as presented after the addition facts accruing after the filing of his original of the new matter. Schwab v. Schwab, 49 petition. Scroggin v. Johnston, 64 N. W. Atl. 331, 93 Md. 382, 52 L. R. A. 414 (citing 236, 238, 45 Neb. 714. Story, Eq. Pl. § 333 et seq.).

SUPPLEMENTARY. When an event happens subsequently to the filing of an original bill, which gives a "Supplementary," as used in a contract new interest in the matter in dispute to any reciting that it was a supplementary agree

V.

SUPPLEMENTARY COMPLAINT

6800

SUPPLY

ment, is a term which well comports with ance with certain conditions, with gas, under the idea of new provisions in a contract. A certain penalties. Jones v. Rochester Gas liability created on the part of one of the & Electric Co., 60 N. E. 1044, 1045, 168 N. Y. parties, where none existed before, is rather 65. supplementary, than explanatory. Wescott

“Supplying,” as used in a city ordinance v. Mitchell, 50 Atl. 21, 23, 95 Me. 377.

granting a water company the right and

privilege, for the term of 25 years, of supSUPPLEMENTARY COMPLAINT.

plying the city and its inhabitants, was in

tended in its primary sense, intending thereThe office of a supplementary complaint is to add to the cause of action already aver- furnish all the water the city and its in

by to give the water company the right to red, not to enable the plaintiff to recover up habitants may need to have furnished duron a cause of action which has accrued since ing such period. City of Brenham v. Brenthe action was commenced. Halsted v. Hal- ham Water Co., 4 S. W. 143, 147, 67 Tex. 542. sted, 27 N. Y. Supp. 408, 7 Misc. Rep. 23.

“Supplying," as used in an exemption

from local taxation of the property used in SUPPLEMENTARY PROCEEDING,

supplying electricity, includes the manufacAs action, civil action, or special pro turing of such electricity. The power to

ceeding, see “Action"; "Civil Action supply includes the power to manufacture. -Case-Suit-Etc."; "Special Pro Southern Electric Light & Power Co. v. City ceeding."

of Philadelphia, 43 Atl. 123, 191 Pa. 170. A supplementary proceeding is a sepa ing company to furnish 15 cars of coke per

A contract requiring a coke manufacturrate proceeding in an original action, in day for a certain time at an agreed price, which the court where the action is pending but providing that the company were “not is called upon to exercise its jurisdiction in to be held in damages for the railroad comaid of the judgment in the action, and is entirely statutory. Bryant v. Bank of Call- pany's failure to supply transportation,"

means, in the light of an established custom fornia (Cal.) 7 Pac. 128, 130.

that a coke manufacturer will divide his supSupplementary proceedings are not an ply of cars ratably among all orders on band action on a judgment, within Code Civ. Proc. when a shortage occurs, a failure to supply 8 382, subd. 7, providing that an action on a cars and other means of transportation equal judgment.rendered in a court not of record to the demands of the trade, and the commust be commenced within six years. Green pany were not liable for failure to supply the v. Hauser (N. Y.) 18 Civ. Proc. R. 354, 358, 9 15 cars, though the railroad company fur N. Y. Supp. 660.

nished such a number per day. McKeefrey
v. Connellsville Coke & Iron Co. (U. S.) 56

Fed. 212, 216, 5 0. C. A. 482.
SUPPLY.
The phrase "to supply" signifies to make

SUPPLY (Noun). provision for; to provide; to serve instead

See "Full Supply"; "Necessary Sup of; to take the place of. The repealing plies"; "Operating Supplies"; "Plantclause in Act 1889, art. 19, $ 2, providing that

ation Supplies"; "School Supplies." "all acts or parts of acts, inconsistent here with or supplied by the provisions hereof, The word "supply" is defined in the be, and the same are, hereby repealed,” Standard Dictionary as "that which is or means simply that, when the subject of an can be supplied ; available aggregate of existing enactment is fully and completely things needed or demanded; an amount sufcovered by the provisions of such act of 1889, ficient for a given use or purpose.” In the the power, right, or proceedings, as the case Imperial Dictionary, "that which is supmay be, shall thereafter be treated as based plied; sufficiency of things for use or want; upon that act, rather than upon the older one a quantity of something furnished or supplied by it. The phrase "supply" seems hand." As used in a contract to purchase obviously to have reference to other enact. all supplies of a certain description for a cerments concerning those subjects upon which tain period from a certain firm, the word the statute in question has made full and means all of the specified goods necessary complete provision, designed to take the place for the purchaser's business during such of the former and to serve in their stead. period. W. P. Fuller & Co. v. Schrenk, 68 N. City of Reading v. Shepp, 2 Pa. Dist. R. 134, Y. Supp. 781, 784, 58 App. Div. 222. 140.

A primary meaning of the word “supply" Where a person obtained gas from an is "an amount sufficient for a given use or other customer of a gas company, it was not purpose.” It was held used in such sense in "supplied" in any fair sense of the term, or a contract whereby plaintiff agreed to furwithin the meaning of Laws 1890, c. 566, 8 nish defendant borough a supply of water 65, requiring gas companies to supply any for its fire hydrants, to be used for the purowner or occupant of a building, on compli- | pose, and no other, of extinguishing fires.

on

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"The clause, fairly construed, not only re "Supplies," as used in Code, $ 1978, pro stricted the use of the water, but clearly im- viding that landlords furnishing supplies to plied that the supply through these hydrants their tenants may secure themselves thereshould be of sufficient force and volume to on upon the crops, includes board furnished be reasonably effective for the purpose for a tenant by the landlord. Jones v. Eubanks, which the company agreed to supply it.” 12 S. E. 1065, 1066, 86 Ga. 616. Waymart Water Co. v. Borough of Waymart, 4 Pa, Super. Ct. 211, 220.

Mules purchased by a tenant of his land

lord are "supplies," within Code 1880, § 1301, If we are to stand upon the mere ety- giving a landlord a lien on the crops promology of the word “supply,” in the act produced by the tenant for all advances for bibiting any officer or agent of any corpora- "supplies” furnished during the term of the tion or municipality to be interested in the lease. Trimble v. Durbam, 12 South. 207, sale or furnishing of any supplies or ma- | 70 Miss. 295. terials to the organization or body which he represents or of which he is a member (Act

Hutch. Code, $ 498, which declares that March 31, 1860, $ 66), we find it derived from all contracts for the purchase of “supplies "sub," meaning under, and “plere," to all, for the plantation,” etc., owned by any marand defined by Webster as “the act of fur ried woman, made by the husband or wife, nishing with what is wanted.” As a noun

or either of them, shall be obligatory upon it is generally used in the plural, and we are

the husband and wife, etc., means whatever unable to see why the word "supplies" can

is necessary for the cultivation of the plantanot be applied to horses, wagons, cars, or tion, and includes work horses or mules labor indiscriminately. Under such section

which are used on the plantation. Roberttownship supervisors are prohibited from son v. Ward, 20 Miss. (12 Smedes & M.) 490,

491. employing their own teams or minor children upon the township roads. In re Hazle Tp. (Pa.) 6 Kulp, 491, 493.

Supplies for city.

“Supplies," as used in reference to a "Supplies" has a fairly well defined city, in its broad etymological sense embraces meaning; that is to say, such stores of food, anything which is furnished to a city or its etc., as are kept on hand for daily use. So

inhabitants; but as used in section 419 of It is held that a mortgage of a steam saw the Greater New York charter, requiring commill, with all supplies on hand, does not in- petitive bids for supplies, it has no applicaclude saw logs. Conner V. Littlefield, 79 tion to contracts for furnishing water to the Tex. 76, 77, 15 S. W. 217.

inhabitants of New York. . Gleason v. Dalton, Dry goods such as calico, lawn, poplin, 51 N. Y. Supp. 337, 338, 28 App. Div. 555. white cotton bose, and the like, sold to la

In a general sense, the word “supplies” borers on a plantation, gave no privilege to comprises anything yielded or afforded to the vendor on the crop of cotton of that year, meet a want; but the use of a pier, hired by since a privilege is only given on the grow- a city for the purpose of removing offal from ing crop for necessary supplies. Wallace v. the city, is not a “supply" furnished, within Urquhart, 23 La. Ann. 469, 470.

Laws 1853, c. 217, § 12, providing that all

work to be done for the city and all supplies Supplies for agricultural purposes. to be furnished for the corporation involving

“Supplies," as used in Code 1871, mak- an expenditure of more than $250 must be ing the husband the general agent of the by contract founded on sealed bids. Farmwife to contract for supplies for carrying on ers' Loan & Trust Co. v. City of New York, agricultural operations on her plantation, 17 N. Y. Super. Ct. (4 Bosw.) 80, 89. embraces such things as are necessary or adapted to the conduct of agricultural opera Supplies for county offices. tions; and whether an article falls within

“Supplies," as used in Comp. Laws, g the class designated by the word “supplies" 609, as amended by Laws 1889, c. 49, $ 104, must be determined by resort to the usages providing that all contracts for the furnishand customs of the agricultural interests. ing of stationery, blank books, and supplies Wright v. Walton, 56 Miss. 1, 5.

generally for all county offices shall be made "Supplies" means that which is or can at a certain time, clearly signifies pencils, be supplied; available aggregate of things paper, rubber bands, blanks, ink, and artineeded or demanded ; an amount suficient cles of that description required and confor a given use or purpose.

As used in a stantly used by county officers. Dewell v contract between a landlord and tenant, gir- Hughes County Com’rs, 66 N. W. 1079, 1080, ing the landlord a lien on the crops of the 8 S. D. 452. tenant for supplies furnished and to be furnished, it includes money furnished by the

Supplies to loggers. landlord and used by the tenant in making The word "supplies" 18 used in Rev. St. and gathering the crops. Strickland v. $ 3330, providing for a lien in favor of perStiles, 33 S. E. 85, 86, 107 Ga. 308.

sons furnishing supplies to men engaged in

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getting out logs and timber in that county, for. Inbabitants of Hampden v. City of though stated in the statute to mean feed Bangor, 68 Me. 368, 369. used for teams and food necessarily used in

Under Rev. St. 1840, c. 32, § 7, providing camp to support the men, also includes the board of men, where furnished at a hotel in that any person resident in any town at the a city several miles from the place where date of the passage of this act, who has not they are at work. Kollock v. Parcher, 9 n. within one year previous to that date receivW. 67, 69, 52 Wis. 393.

ed support or supplies from some town as a

pauper, shall be deemed to have a settleSupplies for manufacturing or mercan

ment in the town where he dwells and had tile company.

his home, supplies cannot be considered as “Supplies" includes pig iron furnished a

furnished to a man as a pauper, unless furrolling mill, whose business is to manufac- nished to himself personally or to one of ture iron, steel, and other metals, within the his family, and those only can be considered meaning of Code, $ 2485, giving a lien for as his family who continue under his care fuel and all other supplies necessary to the and protection. Green V. Inhabitants of operation of any manufacturing company. Buckfield, 3 Me. (3 Greenl.) 136, 140. Virginia Development Co. v. Crozer Iron Co., 17 S. E. 806, 807, 90 Va. 126, 44 Am. St. Rep.

Supplies for vessels. 893.

The word "supplies," as applied to a

vessel, means those articles which a boat “Supplies" are necessaries collected and held for distribution and use, and a kiln for and use on a voyage. Gibbons v. The C. J.

may find to be necessary for consumption the drying of lumber cannot be classed as Caffrey, 40 Mo. 257, 259. “supplies necessary" to the operation of a corporation organized for the manufacture "Supplies," as used in Rev. St. c. 122, and sale of lumber, under Code, § 2485, giv- tit. 26, § 1, providing that every ship, boat, or ing a lien for such supplies furnished to cer- vessel used in navigating the waters of the tain classes of corporations. Boston Blower state shall be subject to a lien for all debts Co. v. Carman Lumber Co., 26 S. E. 390, 391, contracted by the master, owner, agent, or 94 Va. 91.

consignee thereof on account of supplies fur

nished for the use of such ship, boat, or vesIn a mortgage of a steam sawmill, with all its fixtures and appurtenances and all the by any fair construction be so construed as to

sel, has a well-defined meaning, and cannot supplies on hand, "supplies” should be con- include material furnished. Lawson v. Higstrued to refer to a commissary, where there was one attached to the mill, and to include gins, 1 Mich. (Man.) 225, 226. the stores therein kept, and other farm prod The word "supplies,” in article 3204, uce and merchandise kept ordinarily on hand Civ. Code, relative to ships, does not cover for operating the mill, but not to include saw money advanced to purchase materials for a logs at the mill, nor an iron safe used there- vessel, although both words, "materials" and in. Conner v. Littlefield, 15 S. W. 217, 218, “supplies,” are used in the article. Shaw v. 79 Tex. 76.

Grant, 13 La. Ann. 52, 53. “Supplies furnished," as used in a stat

Whisky furnished to the master of a ute entitling liens for supplies furnished to boat to supply the place of other whisky lost priority over a lien created by a mortgage, in the course of transportation, and to thus does not include goods delivered by a firm to enable the boat to fulfill a contract of aflaborers in payment of orders on a mercan-freightment, will not be deemed "supplies,” tile firm for merchandise in payment of their within a statute subjecting the boats and wages. Seventh Nat. Bank v. Shenandoah vessels to a lien for all the debts contracted Iron Co. (U. S.) 35 Fed. 436, 440.

by the master, owner, agent, or consignee of "Supplies furnished,” as used in a stat such boat or vessel on account of stores or ute entitling persons who have a lien for supplies furnished for the use thereof. Bailsupplies furnished to priority over a lien cre- ey v. The Concordia, 17 Mo. 357, 358. ated by a mortgage, does not include a debt

Merchandise furnished the master of a due a railroad company for freight charges steamboat for the purpose of enabling him for carrying iron, coal, etc., for an iron man- therewith to purchase wood and other necesufacturing company. Seventh Nat. Bank v. saries for the boat in the prosecution of her Shenandoah Iron Co. (U. S.) 35 Fed. 436, 440. trip becomes a debt contracted by the mas

ter on account of "supplies” furnished for Supplies to paupers.

the use of such boat, within the meaning of Acts of kindness or charity or aid fur- the act concerning boats and vessels (Act nished as a gift or loan do not constitute March 19, 1835), providing that every boat "supplies” within the pauper act making the or vessel used in navigating the waters of town wherein the person furnished with the state shall be liable for all debts contractsuch supplies has his settlement liable there ed by the master on account of supplies fur

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