SILVA CAEDUA. By these words in England is understood every sort of wood, except gross wood of the age of twenty years. Bac. Ab. Tythes, C.
SIMILITER, pleading. When the defendant1's plea contains a direct contradiction of the declaration, and concludes with referring the matter to be tried by a jury of the country, the plaintiff must do so too; that is, he must also submit the matter to be tried by a jury, without offering any new answer to it, and must stand or fall by his declaration. Co. Litt. 126 a. In such case, he merely replies that as the defendant has put himself upon the country, that is, has submitted his cause to be tried by a jury of the country, he, the plaintiff, does so likewise, or the like. Hence this sort of replication is called a similiter, that having been the effective word when the proceedings2 were in Latin. 1 Chit. Pl. 549; Arch. Civ. Pl. 250. See Steph. Pl. 255; 2 Saund. 319, b; Cowp. 407; 1 Str. Rep. 551; 11 S. R. 32.
SIMONY, eccl. law. The selling and buying of holy orders, or an ecclesiastical benefice. Bac. Ab. h. t.; 1 Harr. Dig. 556. By simony is also understood an unlawful agreement to receive a temporal reward for something holy or spiritual. Code, 1, 3, 31 Ayl. Parerg. 496.
SIMPLE. Not compounded, alone; as, simple interest, which is interest on the principal sum lent only and not interest on the interest; simple contract, c.
SIMPLE CONTRACT. One, the evidence of which is merely oral, or in writing, not under seal, nor of record. 1 Chit. Contr. 1 1 Chit. Pl. 88; and vide 11 Mass. R. 30 ll East, R. 312; 4 Barn. Ald. 588; Stark3. Ev. 995; 2 Bl. Com. 472.
2. As contracts of this nature are frequently entered into without thought or proper deliberation, the law requires that there be some good cause, consideration or motive4, before they can be enforced in the courts. The party making the promise must have obtained some advantage, or the party to whom it is made must have sustained some injury or inconvenience in consequence of such promise; this rule has been established for the purpose of protecting weak and thoughtless persons from the consequences of rash, improvident5, and inconsiderate engageinents. See Nudum pactum. But it must be recollected6 this rule does not apply to promissory notes, bills of exchange or commercial papers. 3 M. S. 352.
SlMPLE LARCENY7. The felonious taking and carrying away the personal goods of another, unattended by acts of violence; it is distinguished8 from compound larceny, which is the stealing from the person or with violence.
SIMPLE OBLIGATION. An unconditional9 obligation, one which is to be performed without depending upon any event provided by the parties to it.
