Page:Black's Law Dictionary (Second Edition).djvu/1114

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STATE OF FACTS

the state and others partaking in some degree of that character, from the ninth year of Hen. II. to the lirst of Geo. IV.

STATE OF FACTS. Formerly, when a master in chancery was directed by the court of Chancery to make an inquiry or Investigation into any matter arising out of a suit, and which could not conveniently he hrought before the court itself, each party In the suit carried in before the master a statement showing how the party bringing it in represented the matter in question to be; and this statement was technically termed a "state of facts," and formed the ground upon which the evidence was received, the evidence be ing. in fact. brought by one pnrI;y or the other, to prove his own or disprove his opponent's state of facts. And so now, a state of facts means the statement made by any one of his version of the facts. Brown.

STATE OF FACTS AND PROPOSAL. In English lunacy practice, when a person has been found a lunatic, the next step is to submit to the master a scheme called a "state of facts and proposal," showing what is the position in life, property, and income of the lunatic, who are his next of kin and heir at law, who are proposed as his committees, and what annual sum is proposed to be allowed for his maintenance, etc. From the state of facts and the evidence adduced in summit of it, the master frames his report. Elmer, Lun. 22: Pope, Lun. 79; Sweet.

STATE OF THE CASE. A narrative of the facts upon which the plainttlf relies, sub- stituted for a more formal declaration, in sults in the inferior courts. The phrase is used in New Jersey.

STATED. Settled; closed. An account

stated means an account settled, and at an end. Pull. Acc’ts, 33. "In order to constitute an account stated, there must he a statement of some certain amount of money heing due, which must be made either to the party himself or to some agent of his." 6 Mees. & W. H67. —Sti:.ted meeting. A meeting of a board of directors. board of officers, etc.. held at the time appointed thercfor by law ordinance, by-law. or other regulation: as distinguished from "special" meetings, which are held on call as the occasion may arise, rather than at a regularly appointed time, and from adjourned meetings. Sec Zulich v. Bowman. 42 Pa. 87.—Stated term. A regular or ordinary term or session of I1 court for the dispatch of its general husiucss, held at the time fixed by law or rule: as distinguished from a special term: held out of the due order or for the transaction of particular business.

STATEIVENT. In a general sense, an allegation; a declaration of matters of fact. The term has come to be used of a. variety of formal narratives of facts, required by law in various jurisdictions as the foundation of judicial or officlal proceedings.

—-Statement of aifaiis. In English bank- ruptcy practice, a bankrupt or debtor who has

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STATISTICS

presented a petition for liquidation or composition must produce at the first meeting of cind- itors a statement of his alfalis, giving a list of his creditors, secured and unsecured, with the value of the securities, in list of bills discounted, and a statement of his property. Sweet —Statement of claim. A written or printed statement by the plaintiii in an action in English high court. showing the facts on which he relies to support his cluini against the defendant, and the relief which he claims. It is delivered to the defendant or his solicitor. The delivery of the statement of claim is usually the next step after appearance, and is the commencement of the pleadings Sweet.—Statement of defense. In the rnctice of the English high court, where the de endant in an action docs not demur to the whole of the plaintiE‘s claim, he delivers a pleading called a “statement of do fense." The statement of defense deals with the allegations contained in the statement of claim, (or the lndorsement on the writ, if there is no statement of claim.) admitting or dcnying them. and, if necessary, stating fresh facts in expla- nation or avoidance of those alleged by the plaintiff. SWEL'L—Stl1.te1‘|le)lI: of partlciilan. In English practice, when the plaintiff chums a debt or liquidated demand, but has not indom- ed the writ specially, (E. e.. indorsed on it the particulars of his claim under Order Lil. r. 6.) and the defendant fails to appear, the plaintiff may file a statement of the particiilars of his claim, and after eight days enter judgnicnt for the amount, as if the writ had been specially indorsed. Court Rules, xiii. 5; Sweet.

STATESMAN. A freeholder and farmer in Cumberland Wharton.

STATIM. Lat. Forthwith; immediate- ly. In old English law, this term meant either "at once," or "within a legal time," i. 6.. such time as permitted the legal and regular performance of the act in question.

STATING AN ACCOUNT. Exhibiting, or listing in their order, the items which make up an account.

STATING PART OF A BILL. That part of a bill in chancery in which the plaintiff states the facts of his case; it is distin- guished from the charging part of the bili and from the prayer.

STATION. In the civil law. A place where ships may ride in safety. Dig. 50, 16, 59.

STATIONERS’ HALL. In English law. The hall of the stationers’ company, at which every person claiming copyright in a lanai: must register his title, in order to be able to bring actions against persons infringing it 2 Steph. Comm. 37-39.

STATIONERY OFFICE. In English law. A government office established as a department of the treasury, for the purpose of supplying government offices with stationery and hooks, and of printing and publishing government papers.

STATIST. Astntesiuan; apolltician; one skilled in government.

STATISTICS. That part of political sci-

ence which is concerned in collecting and ar-