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pished for the use of such boat or vessel. , SUPPORT (Of person). The Gen.•Brady v. Buckley, 6 Mo. 558, 561.

See “Competent Support”; “Good and Section 1 of the act concerning boats Comfortable Support and Mainteand vessels, giving a lien on a boat on ac nance"; “Good and Sufficient Supcount of debts contracted by the master and

port"; "Means of Support”; “Reasonowner thereof for stores and supplies for the

able Support”; “Right of Support." use of the boat, cannot be interpreted to mean supplies of money for all the purposes "Support,” according to Webster, means for which money may be required in the to sustain; to supply funds for the means of navigation of the vessel. In its ordinary ac- continuing, as to support the expenses of the ceptation "supplies" are understood to mean government. Opinion of Justices, 13 Fla. those articles which a boat may find it nec-687, 689 iquoting Webst. Dict.). essary to purchase for consumption and use on tbe voyage. It is something different

The words "comfort and support," as from wages, for which a lien is also specif- used in Rev. Code, $ 2376, providing that the ically given. Voneys loaned for the specific wife's separate statutory estate shall be liapurpose of enabling a boat to purchase such ble for all contracts for articles of comfort supplies, or to pay wages or debts incurred and support of the household, suitable to the already or to be incurred in future, for things degree and condition in life of the family, which are liens, bave been held to be a debt and for which the husband would be responcontracted for those things, and therefore a sible at common law, have the same meaning lien also on the boat; but money loaned to and are synonymous with “maintenance," enable the boat to pay her debts or expenses and are expressive of the narrowest signifi. generally, which may be for things which cation of necessaries at common law; and, are not liens as well as for those which are, when the household has been supplied with will not be a lien under the statute. Gibbons food, raiment, habitation, medical assistance, 5. The Fanny Barker, 40 Mo. 253, 254; Bryan and medicine, the boundary prescribed by the The Pride of the West, 12 Mo. 371, 374.

statute has been reached. Eskridge v. Ditmars, 51 Ala. 245, 255.


A declaration which alleged defendant's

breach of an undertaking to pay to plaintiff Not only does the word “support” in such sums of money as might be necessary clude "bearing weight,” but it is also used for her food, etc., was variant with proof by the student and understood in common showing the promise to bave been to "sup phraseology as covering "to keep from fall- port” the plaintiff, inasmuch as defendant ing." and other kindred expressions, and will might have supported plaintiff, without paybe so construed when necessary to sustain a ing or giving to her any money whatever. patent for an invention. Hatch Storage Bat. Bull v. McCrea, 47 Ky. (8 B. Mon.) 422, 424. tery Co. v. Electric Storage Battery Co. (U. S.) 100 Fed. 975, 981, 41 C. C. A. 133.

Const. art. 16, $ 18, providing that each

county and incorporated city shall “make Gen. St. c. 25, $ 73, declares that it shall provision for the support of its own officers,” not be lawful for any person to drive any subject to such regulations as may be prohorse or other beast at a rate faster than a vided by law, means to make provision for walk on any bridge with string pieces 30 the fees or per diem of those officers. The feet long between the supports on which support of an officer is derived from the they rest. Held, that the word “supports,” emoluments of the office, and these emoluas used in the statute, refers to that on ments, under the Constitution, consist of which the bridge stands or rests, and which fees or per diem. Gadsden County v. Greem, supports it from beneath, such as abutments, 22 Fla. 102, 110. on the banks, or piers or trestles standing

A contract between the council of a borbetween the abutments, on which the string ough and a county that all prisoners should pieces rest. Abbott v. Town of Wolcott, 38 be confined in the jail of the county, and Vt. 666, 668.

should receive their "support and mainteA condition in a mining lease that the nance" therein at so much a head, construed lessee shall “support the superincumbent bed to not merely require such prisoners to be of rock” is not equivalent to a representation supplied with room, clothing, bedding, and or assurance by the lessor that there is such fuel, but to also include salaries of officers a bed of rock over the coal. Beatie v. Rocky and expenses of repairs of the prison, and Branch Coal Co., 56 Mo. App. 221, 225. hence that the borough was not responsible "Support," as used in reference to com

for the latter charges in addition to the mon schools, means maintaining the schools

agreed compensation. Reg. v. Council of by continuing the regular expenditures, so

Borough of Gravesend, 5 El. & Bl. 459, 467. that a fund for the support of common “Supporting," as used in St. 1892, No. schools cannot be used for building a new 55, § 1, providing that the town shall give house or purchasing the site. Sheldon v. assistance to one in need, and that, if such Purdy, 49 Pac. 228, 230, 17 Wash. 135. person has not resided in such towe for

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three years supporting himself and family, child, was meant to include the performance the town so furnishing assistance may re- of all those duties which are due from a cover the expense from the town in which father to a child, and which the public may such person last resided for the space of be called upon to execute in case of the fathree years supporting himself and family, ther's default. It includes those services on is synonymous with “maintaining." In con behalf of the infant, against the expenses struing the words “maintains himself and for which, in the entire history of the basfamily," it was said in Town of Tunbridge tardy statutes, the father has been comv. Town of Norwich, 17 Vt. 493: "It is not pelled to indemnify the parish or the townto be inferred from the expression 'and fam- ship. Education is one of the duties owing ily' that a man, in order to change his settle to the child. State v. Such, 53 N. J. Law (24 ment, must have a family, or that he must Vroom) 351, 354, 21 Atl. 852, 853. necessarily have maintained himself and family, independent of all aid from any amended by Act March 23, 1893 (St. 1893,

Act March 11, 1889 (St. 1889, p. 111), as source whatever besides his own personal labor and services. This would be an unrea. p. 328) $ 24, providing that money to be consonable, not to say an absurd, construction. tributed by counties of the state for the care But the meaning of the statute undoubtedly and support of the inmates of the reform is that he shall maintain himself, or himself school should be placed in the state treasury and family, if he have one, so that neither in the fund of such school for its use, and shall become chargeable to any town for

also providing that county funds were for support. But if the man or his family should the “keeping and taking care of each minor receive presents, or if either should inherit

committed to such institution," did not au

thorize the trustees of such reform school property, or if the family should maintain to erect buildings out of such fund; the court him, instead of his maintaining the family,

saying: “Of course, the word 'support' as is sometimes the case, it would not prevent the change of settlement. All that 18 of such institution'; but, conceding this, it

may be said to mean ‘for the use necessary is that he should have bis perma: does not, in our op nent domicile in the town, and keep bimself construction. On the contrary, as we view

ion, aid the plaintiff's and family from being chargeable to either

it, it is strong proof that the Legislature town." Town of Craftsbury V. Town of

never intended to give the trustees unlimited Greensboro, 29 Atl. 1024, 1026, 66 Vt. 585.

power to convert the county and state monThe word “supported," as used in the ey to the erection of buildings, which money statute providing that every insane person was appropriated by the state and consupported in any county asylum shall be tributed by the counties for the support and personally liable for his maintenance, means the care and keeping of the children comevery person maintained in any county asy. mitted to the school." Mitchell v. Colgan, lum, and the provision was not intended to 122 Cal. 296, 300, 54 Pac. 905, 907. be limited to the pauper or indigent insane. Board of Chosen Freeholders of Camden tion relating to insane paupers and indigent

The word “support," as used in the secCounty v. Ritson, 64 Atl. 839, 840, 68 N. J.

persons, sball be construed to mean all Law, 666.

necessary food, clothing, medicine, and mediAs used in Gen. Laws Dak. 1891, c. 123, cal attendance. Gen. St. Conn, 1902, $ 2742. relating to the amount recovered by administrators for the wrongful death of their

Benefit distinguished. decedent, and providing that any demand See “Benefit." “for the support of the deceased” and funeral expenses shall be first deducted and As limited to board. paid, does not extend to demands for the

"Support," as used in Pub. St. C. 87, 8 support of the family and does not make the 31, providing that the price for the support sum subject to payment of all debts incur- of paupers in state lunatic hospitals should red by the deceased for the support of him- be a certain sum per week, should be conself and family, but means only such as were strued to include, not merely board, but incurred in consequence of, or at any rate everything necessary to proper maintenance. after, the injury causing the death. State Gould v. City of Lawrence, 35 N. E. 462, 463, v. Probate Court, 53 N. W. 463, 464, 51 Minn. 160 Mass. 232. 241.

The word "support,” according to WebThe word “support,” like most words, ster, means maintenance, subsistence, or an has a variety of meanings. One of the il- | income sufficient for the support of a famlustrative examples of its use, given by Web- ily. As used in a contract whereby one ster, is “to support a student at college.” agrees to support another and his wife, it The use of the word “support” in Bastardy does not include merely sufficient provisions, Act (Revision, p. 72) § 12, requiring a bond but such other conveniences and necessaries to indemnify the township against costs and as are reasonable and suitable to make such expenses incurred for the support of the party and bis wife comfortable. Wall v.

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Williams, 93 N. C. 327, 330, 53 Am. Rep. As food, clothing, and shelter. 458

"Support and maintenance," as used in "Support," as used in the act for the re

à petition to recover damages for death, lief of insolvent debtors, providing that which alleges that the plaintiff and children when a person imprisoned for debt shall be were dependent upon deceased for support unable to support himself in prison, the and maintenance, means food, clothing, and plaintiff shall stand chargeable, etc., em- shelter. Kearney Electric Co. v. Laughlin, braces food and lodging; but as, under the 63 N. W. 941, 943, 45 Neb. 390. law, the county must furnish the lodging,

Irregular gifts. such plaintiff is only compelled to furnish food. Buttles v. Carlton, 1 Obio, 33, 35.

The irregular and infrequent bestowal

of comparatively diminutive gifts upon a “Support,” as used in a will by which a person cannot properly be regarded as "suphusband gave his wife, in lieu of dower, a port of a family." Gregg v. Brickley, 59 N. decent and comfortable support out of his E. 1072, 1073, 27 Ind. App. 154 estate, in sickness and in health, during her lifetime, does not mean such sum as would Keeping boarding house. be requisite to support her in a boarding

In construing Code, f 1826, providing house, but means a sufficient amount to that no married woman may contract, so as maintain her in housekeeping at the place to affect her estate, except for the support of her residence and in the manner to which of the family, without the written consent she bad been accustomed while living with of the husband, the court said, in answer to her husband. Tolley v. Greene (N. Y.) 2 the claim that family supplies procured to Sandt. Ch. 91, 94.

keep up a boarding house, from which the

family derived their support, were embraced Building of house.

within the words: “We think it has a more "Support," as used in a will providing restricted meaning, and is confined to goods a fund for the support of testatrix's mother, bought for the direct benefit of the members cannot be construed to include the building of the family, such as food, clothing, and of houses in whole or in part. The building other necessaries, and not for the success. of a house, in whole or in part, cannot be ful prosecution of a business from the profits considered a part of the support of a person of which such support is to be obtained, who is to occupy it. Morford v. Dieffen- whether by keeping a boarding house, or a backer, 20 N. W. 600, 608, 54 Mich. 593. hotel, or by engaging in any other general

occupation. For these larger outside operaComfort synonymous.

tions, whose results are speculative, the writSee “Comfort."

ten consent of the husband, whose advice

should be sought, must be obtained, and this Education,

is the protection secured to her by the stat"Support," as used in a will wherein

ute." Clark v. Hay, 4 8. E. 190, 192, 98 N.

C. 421. the testator directed that all bis property should be kept together until his son should

Medical attendanco. arrive at full age, for the support of the family with respect to the infant children, conducted the business of a store belonging

In an agreement whereby a person who should be construed to embrace a suitable education for each, as well as board and self and family out of it as a compensation

to another was to have a support for bimclothing. Addison v. Bowie (Md.) 2 Bland,

for his services, “support" includes clothing 606, 627.

and food for the family and necessary mediA will directing that the interest accru- cal attendance to those of them that are ing on the residue of testator's estate after sick. Morse y. Powers, 45 Vt. 300, 302. the death of his wife, or so much thereof as might be necessary, should be applied to the

Medicines. “support and maintenance" of his infant "Support" generally means articles for grandchildren during their minority, should ordinary sustenance, as food, etc., and does be construed to include their proper educa- not include medicines, unless the context tion at a private school. Patterson v. Read, shows such intention. An order to let a 9 Atl. 579, 580, 42 N. J. Eq. 146, 621.

family have whatever they want for their

"support,” addressed to one who is not a In a will providing that property shall physician or druggist, does not authorize him be applied to the support of S. and his fam- to buy drugs for them in sickness. Grant ily, the word "support” was intended to in- v. Dabney, 19 Kan. 388, 389, 27 Am. Rep. clude the education of the children. Whelan 125. v. Reilly, 3 W. Va. 597, 610.

Money. Family expense distinguished.

An allegation in a claim against a deSee “Family Expense."

cedent's estate for services in the care of

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and "aiding and supporting" decedent's sis-, in a will, giving the income of property to ter and minor children includes aid and sup- the use and support of the testator's son, port by the contribution of money. Grimm implies the creation of a spendthrift trust, v. Taylor's Estate, 55 N. W. 447, 448, 96 and prevents the vesting of the property in Mich. 5.

the son in fee. The word indicates that

the son is to have out of the income those Necessaries.

things which are essential to his personal "Support," as used in Rev. St. 1894, 8 physical subsistence. Winthrop Co. v. Clin7288, making licensed saloon keepers liable ton, 46 Atl. 435, 437, 196 Pa. 472, 79 Am. St. on their bond for illegal sales to any person Rep. 729. who shall sustain any injury or damage to

The phrase "for the support of himself his means of support on account of the use and family, and for no other purpose,” inof such intoxicating liquors so sold, is neces- corporated into a will, in which testator besarily a flexible term, and should not be queaths a sum of money to his son, for the limited to mean actual necessaries of life, or support of himself and family, and for no that one's means of support is only damaged, other purpose, operates to make the bequest where such person is reduced to a state of in trust for the declared purpose. White's dependency; and hence the loss of the serv. Ex'r v. White, 30 Vt 338, 343. ices of a son, who contributed by his earnings to the expenses of his father's family, is a damage to the father's means of sup SUPPORT OF THE POOR. port, though the earnings of the father may

A bequest for the “support of the poor" be sufficient to keep the family from becom- of the county is to be construed as a charitaing dependent. Reath v. State, 44 N. E. 808, ble bequest. Heuser v. Harris, 42 Ill. 425. 809, 16 Ind. App. 146. As determined by position in life. SUPPOSE.

The word “support," as used in Comp. Laws, pp. 218, 220, $ 27, providing that, when

"Suppose," as used by a witness who, a divorce is granted a wife, the court may after stating that he had known a slave, in set apart such portion for her support and answer to interrogatories as to such slave's the support of the children as shall be deem-value, said "I suppose he was worth ed just and equitable, includes everything-dollars,” is used in the sense of “believe,” necessities and luxuries—which a person in and the witness really gave his opinion of such wife's position is entitled to have and the slave's value. Ward v. Reynolds, 32 enjoy. Lake v. Bender, 7 Pac. 74, 78, 18

Ala. 384, 389. Nev. 361.

"Supposed," as used in an instruction “Support and education," as used in a

that if plaintiff in an action in good faith will in which the testator charged his estate supposed he had a cause of action against with the support and education of a child, the defendant on account of personal injuwithout naming any amount therefor, means ries, which he believed resulted from the such sum as would support the child in a conduct of the defendant, and threatened to comfortable manner. Williams v. MacDou- sue defendant on account thereof, and degall, 39 Cal. 80, 83.

fendant executed the note sued on in con

sideration that the plaintiff would not sue An undertaking whereby one agrees to him, which was accepted by plaintiff in set"support and take care of another” is to be tlement, such compromise and settlement construed according to the various circum- was a good and lawful consideration for stances of the party, and does not necessarily such note, means substantially the same imply that the person to be supported is not thing as “believed." The definition of "supto use any exertions to support himself. pose” is given in Webster's Unabridged DicBull v. McCrea, 47 Ky. (8 B. Mon.) 422, 425. tionary as "imagine, to believe, or to re

ceive as true”; and the same authority As creating a trust.

gives the definition of "believe" as “to think; “Support,” as used in a will giving all to suppose.” Parker v. Enslow, 102 Ill. 272, the testator's estate, both personal and real, 276, 40 Am. Rep. 588. to his wife for life, for her support and comfort, merely express the purpose and motive

"Supposed to have been forfeited” as of the gift, and does not make the gift con

used in Act March 28, 1797 (Laws N. Y. 1797, ditional. It has little, if any, more signifi- p. 162, c. 52), providing that no person hav. cance than the words to be for her benefit ing any claim or demand in or to any lands,

messuages, and enjoyment," and is not sufficient to cut

tenements, hereditaments down the clearly expressed absolute gift "supposed to have been forfeited” to the peoto a qualified or conditional one. Maynard v.

ple of the state, in consequence of the atCleaves, 149 Mass. 307, 21 N. E. 376.

tainder or conviction of any persons for any

act or crime done or committed during the As the word “support" means suste- late war after the lapse of a certain period nance, maintenance, subsistence, etc., its use of time, referred to the estate which has


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been sold where there might be room for mind consistent with the supposition that supposition and mistake, but not to the fact defendant is guilty of this charge and inconof attainder or conviction, which must ever sistent with the supposition that he is innobe a matter of record and notoriety, and cent of it," etc., “it is your duty to find him about which there could be no doubt or mis- guilty," the word "supposition" is used in take. There must have been an actual for the sense of hypothesis, and as meaning prifeiture by the attainder or conviction of some marily what is not known to be true and not person, and a sale by the commissioners of proved; and hence the instruction was not some property supposed to have belonged to erroneous. State v. Harras, 65 Pac, 774, 775, such attainted and convicted person, but in 25 Wash. 416. fact claimed by some one else. Fisher v. Harnden (U. S.) 9 Fed. Cas. 129, 132.

Requested instructions in a criminal case

used the words “suppositions, hypotheses, Death is "supposed to have been caused and theories," and asserted, if two of them by violence," within Rev. St. § 1221, provid- may be drawn or may arise out of the testiing for inquest by the coroner when a dead mong, one consistent with the defendant's body is found within the county and when innocence and the other tending to establish death is supposed to have been caused by his guilt, the defendant shall be acquitted. violence, whenever, from such observation The court said: “These charges are faulty as the coroner may be able to make and from in several respects. Supposition has no le the information that may come to him, there gitimate sphere or habitation in judicial de is substantial reason for belief or surmising termination. So, in the connection in which that death was caused by unlawful means. they were invoked, the words 'hypotheses' State v. Bellows, 56 N. E 1028, 1029, 62 Ohio and 'theories' have very doubtful and indefiSt. 307.

nite significations." Johnson V. State, 102

Ala, 1, 16 South. 99, 104. SUPPOSED CODICIL.

On a criminal prosecution it is error to An instruction in a will contest, refer- instruct that the evidence should exclude ring to an instrument as the “supposed codi- every supposition, save the guilt of accused, cil,” is not equivalent to telling the jury that in order to warrant a conviction. Baldwin the codicil was not the real codicil of the v. State, 111 Ala. 11, 15, 20 South. 528. testator. Such use of the word casts no discredit upon its validity, and the instruction

SUPPRESS. cannot be considered to amount to a statement that the instrument is not a codicil. See “Motion to Suppress Deposition." Smith v. Henline, 51 N. E. 227, 232, 174 Ill. 184.

Under a charter authorizing the common council to provide for the suppression of vice

and immorality, the council has authority to SUPPOSED DEBT.

pass ordinances making certain acts misdeIt has been held that a reference in a meanors and providing for their punishment, plea to the "supposed debt" is a virtual ad- since “suppress” means to prevent, put down, mission. Gale v. Capern, 1 Adol. & E. 102. or end by force, and no better way exists But a reference to the "supposed debt, if any to put down than to provide for punishment. such there be," is not an admission. Mar- Ogden v. City of Madison, 87 N. W. 568, getts v. Bays, 4 Adol. & E. 489. And the 569, 111 Wis. 413, 55 L. R. A. 506. words "claimed and deinanded" are equiva

The words “abate" and "suppress," in lent to "supposed.” Scadding v. Eyles, 9 Q. B. 858, 860, 862.

a statute giving a city power to abate nuisances and suppress gambling houses, are

practically synonymous. Incorporated Town SUPPOSED LEGAL TITLE.

of Nevada v. Hutchins, 13 N. W. 634, 635, A conveyance under which defendant 59 Iowa, 506. claimed title, which vested an estate for life

Power to license implied. in the plaintiff, with remainder in fee to the defendant, subject to be revested in the "Suppress," as used in the Chicago charplaintiff on the nonperformance by the de- ter, empowering the council to suppress and fendant of conditions annexed, was not a restrain disorderly houses and groceries, "supposed legal title,” within the meaning means to prevent, and not to license or sancof Gen. Laws, c. 224, $ 6, relating to the right tion, and the city was authorized to prohibit of betterments of one holding under a sup the sale of liquor absolutely. Schwuchow v. posed legal title. Walker v. Walker, 5 Atl. City of Chicago, 68 Ill. 444, 448. 460, 461, 64 N. H. 55.

Where a penal statute of Texas prohibits

disorderly houses in the state, and another SUPPOSITION.

statute confers on a certain city power to

"suppress and restrain" such houses, and auIn ar instruction that "f the evidence, thorizes the city council to "restrain and though in part circumstantial, is to your punish" the inmates and to prevent and

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