Page:Black's Law Dictionary (Second Edition).djvu/1087

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SESSION

a legislative bodv.) as distinguished from a special or extra scEsi0!i.—SI:ssiun laws. The name commonly given to the body of laws enacted by a state legislature at one of its an- uual or biennial sessions. So called to distinguish them from the "cotnpiled laws" or "revised statutes" of the state.—Session of the peace, in English law, is a sitting at justices of the peace for the exercise of their powers. There are four kinds—pett_v, special, quarter, and general sessions.—Sessionul orders. Certain resolutions which are am-ced to by both houses nt the commencement of every session of the English parliament, and have relation to the business and convenience there- of; but they are not intended to continue in force heyond the session in which they are adopted. They are rincipslly of use as di- recting the order 0? business. ]3rown.—Sessinus. A sitting of justices in court upon their commission, or by virtue of their appoint- ment, and most commonly for the trial of ciiminnl cases. The title of several courts in l-inglnnd and the United States, chiefly those of ciiminal jurisdiction. Bun-i1l.—Specisl sessions. In English law. A meeting of two or more justices of the peace held [or a special purpose, (such as the licensing of alehouses,) either as required by statute or when specially convoked, which can only he convened after notice to all the other magistrates of the divi- sion, to give them an o'ppoi'tunit:y of attending. Stone, J. Fr. 52, 55.

SET. This word appears to be nearly synonymous with "lease." A lease of mines is frequently termed a "mining set." Brown.

SET ASIDE. To set aside a judgment, decree, award, or any proceedings is to cacnel, annul, or revoke them at the instance of a party unjustly or irregularly affected by them State v. Prinim, 61 No. 171; Brandt v. Brandt, 40 Or. -177, 67 Pac. 508.

SET DOWN. To set down a cause for trial or hearing at a given term is to enter its title in the calendar, list, or docket or causes which are to be brought on at that term.

SET OF EXCHANGE. In mercantile law. Foreign bills are usually drawn in duplicate or triplicate, the several parts being called respeutively "first of exchange," "second or exchange," etc., and these parts iogether constitute a “set or exchange." Any one of them being paid, the others become void.

SET-OFF. A counter-claim or cross-demand; a claim or denmnd which the defend- ant in an action sets off against the claim 0! the plai.ntifl', as being his due, whereby he may extinguish the pl:untii’1's demand. either in Whole or in part, according to the amount of the set-oil’. See In re Globe Ins. Co., 2 Edw. Ch. (N. Y.) 627; Sherman v. Hole, 76 Iowa. 383, 41 N. W. 48; Nnylor v. Smith. 63 N. J. Law, 596. 4-1 Atl. 649; Hurdle v. Hanner 50 N. C. 360; Wills v. Browning, 96 liid. 149.

Set-ott is a defense which goes not to the justice of the plaintiffs demand, but sets up

1079

SETTLE

a demand against the plalnt1'fl' to counter- balance his in whole or in part. Code Ga. 1882. § 2899.

For the distinction between set-on‘ and recoupment, see Rsconrimnr.

"Set-oif" dilfers from a “llen," inasmuch as the f_ori.uer belongs exclusively to the remedy, and is merely a right to insist, if the party think proper to do so, when sued by his creditor on a counter-demand, which min only be en- forced through the medium of judicial proceedings; while the latter is, in effect, a substitute for a suit. 2 Op. Attys. Gen. 677.

SET OUT. In pleading. narrate facts or circumstances; to allege or aver; to describe or to incorporate; as. to set out a deed or contract. First Nat. Bank v. Engelbercht, 58 Neb. G39, 79 N. W. 556; U. S. v. Watkins, 28 Fed. ‘Cas. 4315.

To recite or

SET UP. To bring forward or allege, as something relied upon or deemed snflicient; to propose or interpuse, by way of defense, explanation, or justification; as, to set up the statute of limitations, l. e., oifer and rely upon it as a defense to a claim.

SETTI-IR. In Scotch law. The granter of a tack or lease. 1 Forb. Inst; pt. 2. D. 153.

SETTLE. To adjust, ascertain, or Liqui- date; to pay. Parties are said to settle on account when they go over its items and ascertain and agree upon the balance due from one to the other. And, when the party indebted pays such balance, he is also said to settle it. Auzerais v. l\ugiee, 7-1 Cal. GU, 15 Pac. 371; Jackson v. Ely, 57 Ohio St. 450, 49 N. E. 792; People v. Green, 5 Daly (N. Y.) 201; Lynch v. Nugent, 30 Iowa, 422, -16 N. W. 61.

To settle property is to limit it, or the icnome of it, to several persons in succession, so that the person for the time being in the possession or enjoyment of it has no power to deprive the others or their right of tnture enjoyment. Sweet.

To settle a document is to make it right in form and in substance. Documents of difliculty or complexity, such as nnning leases, settlements by will or deed, partnership agreements, etc., are generally settled by counsel. Id.

The term "settle" is also applied to pan- pers.

Settle up. A term. colloquial rather than legal, which is applied to the final collection, adjustment, and distribution of the estate of a decedent, a bankrupt, or an insolvent corporation. It includes the processes of collecting lhe property, paying debts and charges, and turning over the balance to those entitled to receive it —Settled estate. See i<.'sTA'rs.—Settling A bill of exceptions. When the hill of exceptions prepared for an appeal is not accepted as correct by the respondent, it is settled (i. (3., ad- justcd and _hnally made conformable to the

truth) by heing_ taken before_the judge who presided nt the trial, and by him put into a form