Suspend/Suspense/Suspension

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Suspend/Suspense/Suspension

Post by notmartha » Tue Apr 18, 2017 5:58 am

BIBLE

There are no occurrences of the word suspend (or derivatives) in the KJV.

DEFINITIONS

Webster’s Dictionary of the English Language, 1828
SUSPEND', verb transitive [Latin suspendo; sub and pendo, to hang.]
1. To hang; to attach to something above; as, to suspend a ball by a thread; to suspend the body by a cord or by hooks; a needle suspended by a loadstone.
2. To make to depend on. God hath suspended the promise of eternal life on the condition of faith and obedience.
3. To interrupt; to intermit; to cause to cease for a time.
The guard nor fights nor flies; their fate so near
At once suspends their courage and their fear.
4. To stay; to delay; to hinder from proceeding for a time.
SUSPEND your indignation against my brother.
I suspend their doom.
5. To hold in a state undermined; as, to suspend one's choice or opinion.
6. To debar from any privilege, from the execution of an office, or from the enjoyment of income.
Good men should not be suspended from the exercise of their ministry and deprived of their livelihood for ceremonies which are acknowledged indifferent.
7. To cause to cease for a time from operation or effect; as, to suspend the habeas corpus act.

SUSPEN'SION, noun [Latin suspensio. See Suspend.]
1. The act of hanging up, or of causing to hang by being attached to something above.
2. The act of making to depend on any thing for existence or taking place; as the suspension of payment on the performance of a condition.
3. The act of delaying; delay; as the suspension of a criminal's execution; called a respite or reprieve.
4. Act of withholding or balancing the judgment; forbearance of determination; as the suspension of opinion, of judgment, of decision or determination. suspension of judgment often proceeds from doubt of ignorance of facts.
5. Temporary cessation; interruption; intermission; as the suspension of labor or of study; the suspension of pain.
6. Temporary privation of powers, authority or rights; usually intended as a censure or punishment; as the suspension of an ecclesiastic or minister for some fault. This may be merely a suspension of his office, or it may be both of his office and his income. A military or naval officer's suspension takes place when he is arrested.
7. Prevention or interruption of operation; as the suspension of the habeas corpus act.
8. In rhetoric, a keeping of the bearer in doubt and in attentive expectation of what is to follow, or what is to be the inference or conclusion from the arguments or observations.
9. In Scot's law, a stay or postponement of execution of a sentence condemnatory, by means of letters of suspension granted on application to the lord ordinary.
10. In mechanics, points of suspension in a balance, are the points in the axis or beam where the weights are applied, or from which they are suspended.
11. In music, every sound of a chord to a given base, which is continued to another base, is a suspension
Suspension of arms, in war, a short truce or cessation of operations agreed on by the commanders of the contending parties, as for burying the dead, making proposals for surrender or for peace, etc.
Bouvier’s Law Dictionary, 1856
SUSPENDER, Scotch law.
1. He in whose favor a suspension is made.
2. In general a suspender is required to give caution to pay the debt in the event it shall be found due. Where the suspender cannot, from his low or sus-pected circumstances, procure unquestionable security, the lords admit jura-tory caution; but the reasons of suspension are in that case, to be considered with particular accuracy at passing the bill. Act. S. 8 Nov. 1682; Ersk. Prin. L. Scot. 4, 3, 6.

SUSPENSE.
When a rent, profit a prendre, and the like, are, in consequence of the unity of possession of the rent, &c., of the land out of which they issue, not in esse for a time, they are said to be in suspense, tunc dormiunt, but they may be revived or awakened. Co, Litt. 313 a.

SUSPENSION.
1. A temporary stop of a right, of a law, and the like.
2. In times of war the habeas corpus act maybe suspended by lawful authority.
3. There may be a suspension of an officer's duties or powers, when he is charged with crimes. Wood's Inst. 510.
4. Suspension of a right in an estate is a partial extinguishment, or an extinguishment for a time. It differs from an extinguishment in this. A suspended right may be revived; one extinguished is absolutely dead. Bac. Ab. Extinguishment, A.
5. The suspension of a statute for a limited time operates so as to prevent its operation for the time, but it hits not the effect of a repeal. 3 Dall. 365.

SUSPENSION, Scotch law.
1. That form of law by which the effect of a sentence-condemnatory, that has not yet received execution, is stayed or postponed, till the cause be again considered. Ersk. Prin. L. Scotl. 4, 3, 5. Suspension is competent also, even where there is no decree, for putting a stop to any illegal act whatsoever. Id. 4, 3, 7.
2. Letters of suspension bear the form of a summons, which contains a warrant to cite the charger, Ib.

SUSPENSION, eccl. law.
An ecclesiastical censure, by which a spiritual person is either interdicted tho exercise of his ecclesiastical function, or hin-dered from receiving the profits of his benefice. It may be partial or total; for a limited time, or forever, when it is called deprivation or amotion. Ayl. Parerg. 501.

SUSPENSION OF ARMS.
An agreement between belligerents, made for a short time or for a particular place, to cease hostilities between them. See Armistice. Truce.

SUSPENSION OF A RIGHT.
1. The act by which a party is deprived of the exercise of his right, for a time.
2. When a right is suspended by operation of law, the right is revived the moment the bar is removed; but when the right is suspended by the act of the party, it is gone forever. See 1 Roll. Ab. tit. Extinguishment, L, M.
Black’s Law Dictionary, 1st Edition, 1891
SUSPEND

To forbid an attorney or solicitor or ecclesiastical person from practicing for an interval of time.

SUSPENSE.
When a rent, profit a prendre, and the like, are, in consequence of the unity of possession of the rent. etc., of the land out of which they Issue, not in esse for a time, they are said to be in suspense, tunc dormiunt; but they may be revived or awakened. Co. Litt. 313a.

SUSPENSION.
A temporary stop of a right, of a law, and the like. Thus, we speak of a suspension of the writ of habeas corpus, of a statute, of the power of alienating an estate, of a person in office, etc.
Suspension of a right in an estate is a temporary or partial withholding of it from use or exercise. It differs from extinguishment, because a suspended right is susceptible of being revived, which is not the case where the right was extinguished.
In ecclesiastical law. An ecclesiastical censure, by which a spiritual person is either interdicted the exercise of his ecclesiastical function or hindered from receiving the profits of hls benefice. It may be partial or total, for a limited time, or forever, when it Is called “deprivation” or "amotion.” Ayl. Par. 501.
In Scotch law. A stay of execution until after a further consideration of the cause. Ersk. Inst. 4, 3, 5.



MISCELLANEOUS CITATIONS

U.S. Constitution Article I, Section 9, Clause 2:
The Privileges of the Writ of Habeas Corpus shall not be suspended unless when in Cases of Rebellion of Invasion the public Safety may require it.
How Unlawful Courts Gain Jurisdiction by Greg Loren Durand
"Persons," which are "fictitious" and "purely legal conceptions or creations," are granted privileges ("civil rights") by the "law" (statute) which creates them, whereas "all men are created equal and endowed by their Creator with certain unalienable rights." We clearly see this distinction made in the Act of Congress of 3 March 1863, which rubber-stamped Lincoln's unlawful suspension of habeas corpus:

SECTION 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That, during the present rebellion, the president of the United States, whenever, in his judgment, the public [bondholders'] safety may require it, is authorized to suspend the privilege of the writ of habeas corpus in any case throughout the United States, or any part thereof. And whenever and wherever the said privilege shall be suspended, as aforesaid, no military or other officer shall be compelled, in answer to any writ of habeas corpus, to return the body of any person or persons detained by him by authority of the President....

If a man is necessarily a "person," then it would be highly unusual to speak of returning "the body of any person or persons detained," as if man may be imprisoned while his body is set free. However, once the fact is understood that a persona, represented by the nom de guerre, must first be assigned to a man, and accepted by him, before he may be detained under martial law, then the wording of this Act makes sense.
Arroyo v. State, Tex., 69 S.W. 503, 505
When a 'law is suspended, the law continues in esse, for the time being is not operative, but as soon as the power of suspension is relaxed it goes into immediate operation.
Wingfield v. Crosby (1867), 5 Coldw. (45 Tenn.) 241.
“The military occupation of a country by a belligerent power or conqueror, does not, ipso facto, displace the municipal laws. The conqueror or belligerent occupier, may suspend or supersede, for the time being, the municipal laws, but in the absence of orders suspending or superseding them, they remain in full force."
Hefferman v. Porter (1867), 6 Coldw.(46 Tenn.) 391.
"The right of a military occupant to govern, implies the right to determine in what manner, and through what agency, such government is to be conducted. The municipal laws of the place may be left in operation, or suspended, and others enforced. The administration of justice, may be left in the hands of the ordinary officers of the law; or these may be suspended, and others appointed in their place. Civil rights and civil remedies may be suspended, and military laws and courts and proceedings, may be substituted for them, or new legal remedies and civil proceedings, may be introduced."
Johnson v. Duncan's Syndics (1815), 3 Mart.(O.S.) 530, 6 Am.Dec. 675.
"A military officer cannot, by a declaration of martial law, suspend judicial proceedings in the district under his command."
Ex parte Milligan 71 U.S. 2 (1866) DAVIS, J., Opinion of the Court
The Constitution of the United States is a law for rulers and people, equally in war and in peace, and covers with the shield of its protection all classes of men, at all times, and under all circumstances. No doctrine, involving more pernicious consequences, was ever invented by the wit of man than that any of its provisions can be suspended during any of the great exigencies of government. Such a doctrine leads directly to anarchy or despotism, but the theory of necessity on which it is based is false; for the government, within the Constitution, has all the powers granted to it, which are necessary to preserve its existence; as has been happily proved by the result of the great effort to throw off its just authority.
Thomas Jefferson in a letter to James Madison, 1788
Why suspend the habeas corpus in insurrections and rebellions? Examine the history of England. See how few of the cases of the suspension of the habeas corpus law have been worthy of that suspension. They have been either real treasons, wherein the parties might as well have been charged at once, or sham plots, where it was shameful they should ever have been suspected. Yet for the few cases wherein the suspension of the habeas corpus has done real good, that operation is now become habitual and the minds of the nation almost prepared to live under its constant suspension.
A Proclamation of the Colony of Massachusetts Bay, January 23rd, 1776
No effectual resistance to the system of tyranny prepared for us could be made without either instant recourse to arms, or a temporary suspension of the ordinary powers of government, and tribunals of justice: To the last of which evils, in hopes of a speedy reconciliation with Great-Britain, upon equitable terms, the Congress advised us to submit: And mankind has seen a phenomenon, without example in the political world, a large and populous colony, subsisting in great decency and order, for more than a year, under such suspension of government.
Richard Nixon, 15th August, 1971:
“I have directed the Secretary of the Treasury to take the action necessary to defend the dollar against the speculators. I directed Secretary Connolly to suspend temporarily, the convertibility of the dollar into gold or other reserve assets except in amounts and in conditions determined to be in the interests of monetary stability and in the best interests of the Unites States”.

MAXIMS

Quod pendet, non est pro eo, quasi sit.
What is in suspense is considered as not existing.
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