Substitution

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substitution

n. putting one person in place of another, in particular replacement of the attorney of record in a lawsuit with another attorney (or the party acting in propria persona). (See: substitution of attorney)

SUBSTITUTION, civil law. In the law of devises, it is the putting of one person in the place of another, so that he may, in default of ability in the former, or after him, have the benefit of a devise or legacy.
     2. It is a species of subrogation made in two different ways; the first is direct substitution, and the latter a trust or fidei commissary substitution. The first or direct substitution, is merely the institution of a second legatee, in case the first should be either incapable or unwilling to accept the legacy; for example, if a testator should give to Peter his estate, but in case he cannot legally receive it, or he willfully refuses it, then I give it to Paul; this is a direct substitution. Fidei commissary substitution is that which takes place when the person substituted is not to receive the legacy until after the first legatee, and consequently must receive the thing bequeathed from the hands of the latter for example, I institute Peter my heir, and I request that at his death he shall deliver my succession to Paul. Merl. Repert. h.t.; 5 Toull. 14.

SUBSTITUTION, chancery practice. This takes place in a case where a creditor has a lien on two different parcels of land, and another creditor has a subsequent lien on one only of the parcels, and the prior creditor elects to have his whole demand out of the parcel of land on which the subsequent creditor takes his lien; the latter is entitled, by way of substitution, to have the prior lien assigned to him for his benefit. 1 Johns. Ch. R. 409; 2 Hawk's Rep. 623; 2 Mason, R. 342. And in a case where a bond creditor exacts the whole of the debt from one of the sureties, that surety is entitled to be substituted in his place, and to a cession of his rights and securities, as if be were a purchaser, either against the principal or his co-sureties. Id. 413; 1 Paige's R. 185; 7 John. Ch. Rep. 211; 10 Watts, R. 148.
     2. A surety on paying the debt is entitled to stand in the place of the creditor and to be subrogated to all his rights against the principal. 2 Johns. Ch. R. 454. 4 Johns. Ch. R. 123; 1 Edw. R. 164; 7 John. R. 584; 3 Paige's R. 117; 2 Call, R. 125; 2 Yerg. R. 346; 1 Gill & John. 346; 6 Rand. R. 98,; 8 Watts, R. 384. In Pennsylvania it is provided by act of assembly, that in all cases where a constable shall be entrusted with the execution of any process for the collection of money, and by neglect of duty shall fail to collect the same, by means whereof the bail or security of such constable shall be compelled to pay the amount of any judgment shall vest in the person paying, as aforesaid, the equitable interest in such judgment, and the amount due upon any such judgment may be collected in the name of the plaintiff for the use of such person. Pamphlet Laws, 1828-29, p. 370. Vide 2 Binn. R. 382, and Subrogation.

References in periodicals archive ?
While Cardema filed his substitution bid hours before Election Day, the public only knew about his move after Kabataan party list questioned the withdrawal of Duterte Youth's five official nominees to give way to Cardema.
In a series of tweets, Guanzon asked about Cardema's age as well as his intention for the substitution. "What is the date of birth of Mr.
Earlier, the Comelec admitted that it made a mistake on the date of Cardema's filing of his substitution.
Thereby, the aim was to analyze the relation between player substitutions and matches' final results in Championships and National Cups.
But City showed, when Pep Guardiola sent on Vincent Kompany against Tottenham Hotspur with seconds of normal time remaining, that not all late substitutions are about running down the clock.
"A rule to say there should be no substitutions during added-on time is an interesting one and could work well.
The Times reportthat football lawmakers at the IFAB believe virtually every substitution made in stoppage time is deployed as a time-wasting tactic.
A statement on UEFA's website reads: An additional substitute will be permitted in the following UEFA competitions (a maximum of three substitutions during normal playing time will still apply) | UEFA Champions League 2018/19 | UEFA Europa League 2018/19 | UEFA Super Cup 2018 | UEFA Women's Champions League 2018/19 | UEFA European Football Championship 2018-20 | UEFA European Women's Championship 2019-21 | UEFA Regions' Cup 2018/19 Meanwhile, UEFA have also announced that they will allow an extra substitution in the UEFA Youth League as well as youth European international football next season, taking the total of potential substitutes to five if matches go into extra-time.
However, given the 31 samples collected in this study are selected from chronic HCV cases, they may have reached to partial or full "substitution (genetic) saturation." Substitution saturation results from multiple substitutions occurring at single nucleotide sites over time [2].
Sligo introduced seven subs during their 0-22 to 3-7 win over Antrim at Markevicz Park on Saturday evening, but one of the seven was a blood substitution when Mark Breheny was replaced by Kyle Cawley after 44 minutes.
* Pharmacists must communicate with prescribers when substitutions are made.
Since the substitution behaves in the same way for two tiles with the same label, this guarantees that the image of the patch after several substitutions will also be rotation-invariant.