Page:Black's Law Dictionary (Second Edition).djvu/1130

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SUITORS' FUND IN CHANCERY 11 of suitors in that court were paid, and out or which the salaries of various officers or the court were defrayed. Wharton.

SUIT0RS' FUND IN CHANCERY. In England A fund consisting of moneys which. having been paid into the court of Chancery, are placed out for the benefit and better security of the suitors, including interest from the same. By St. 32 & 33 Vict. c. 91. § 4_ the principal of this fund, amounting to over £3.000.000, was transferred to the commissioners for the reduction or the national debt. Mozley & Whitley. SULCUS. A small brook or stream of water.

In old English law. Cowell

SULLERY. land. 1 Inst. 5.

In old English law. A plow-

SUM. In English law. A summary or abstract: a compendium: a collection. Several or the old law treatises are called "sums." Lord Hale applies the tenn to sum- maries or statute law. Burrill.

SUMAGE. hack. Cowell.

Toll for carriage on horse-

Snmmn naritns est facere Justitiam Iingulis, et omni tempo:-o quando na- cesse fuerit. The greatest charity is to do Justice to every one, and at any time whenever it may he necessary. 11 Coke. 70.

Snnnna est lex qnm pro religions facit. That is the highest law which favors re- ligion. 10 Mod. 117, 119; Broom, Max. 19.

Summa. ratio est qua pro religions fncit. That consideration is strongest which determines in favor of religion. Co. Litt. 34111; Broom, Max. 19.

SUMMARY, n. An abridgment; brief; compendium; also a short application to a court or judge, without the formality of n fuli proceeding. Wharton.

SUMMARY, ad]. Immediate; peremptory: off-hand; without a jury; provisional; statutory.

—Sl:|nInua.ry actionl. In Scotch low. Those which are brought into court not by summons, hut by petition. corresponding to summary proceedings in English courts. Bell; Brown. _sumnmx-y conviction. See Convxcnon. —summm-y jurisdiction. See .IuuIsmc- ‘l‘lnN.-—S'nnInnI.l‘y procedure on ‘hills of ex- change. This phrase refers to the statute 18 & 19 Vlct. c. 67. passed in 1855, for the purpose of facilitating the remedies on hills and notes by the prevention of frivolous or ficlitious defenses. By this statute, a defendant in an action on a bill or note, brou.-zht within six months nfter it has become payable. is pro- hihited from defending the action without the leave of the court or a judge See 2 Staph. Comm. 119, note; Lush. Pr. 1D27.—SIunma.x-y proceeding. See Paocnnnmo.

9

-2 SUMMON8

SUMMEBFHUS SILVER. A payment to the lords of the wood on the Wenlds of Kent, who used to visit those places in sum- mer, when their under-tenants were bound to prepare little summer-houses for their re ception, or else pay a composition in money. Cowell.

SUMMING ‘UP, on the trial of an action by a jury, is a recapitulation of the evi- dence adduced, in order to draw the attention or the jury to the salient points. The counsel for each party has the right of sum- ming up his evidence, if he has adduced any, and the judge finally sums up the whole in his charge to the jury. Smith, Act. i5'l. And see State v. mzard, 40 S. C. 312. 18 S. E. 1025.

SUMMON. In practice. To serve a sum- mons; to cite a defendant to appear in court to answer a suit which has been hegun against him; to notify the defendant that an action has been instituted against him, and that he is required to answer to it at a time and place named.

SUMMONEAS. L. Lat. In old practice. A writ of summons; a writ by which a party was summoned to appear in court.

SUMMONERS. Petty officers, who cite and warn persons to appear in any court Fleta, lib. 9.

SUMMONITIO.}} L. Lat. In old English practice. A summoning or summons: a writ by which a party was summoned to appear in court, of which there were various kinds. Spelman.

Snnunonitioneo ant citatinnel nnlln liceant fieri intrn palatium regis. 3 Inst. 141. Let no summonses or citations be served within the king‘s palace.

SUMMONITORES SCACCARII. Ollicers who assisted in collecting the revenues by citing the defaulters therein into the court of exchequer.

SUMMDNS. In practice. A wrlt, (ll- rected to the sherifl’ or other proper officer, requiring Inn] to notify the person named that an action has been commenced against him in the court whence the writ issues, and that he is required to appear. on a day nam- ed. nud answer the complaint in such action. Whitney v. Blackburn, 17 Or. 564, 21 Pac. 874. 11 Am. St. Rep. 857; Horton v. Railway 00., 26 Mo. App. 358; Piano Mfg. Co. v. Kautert, 86 Minn. 13, 89 N. W. 1134.

Civil actions in the courts or record of this state shall be commenced by the service of a summons. Code N. Y. § 127.

In Scotch law. A urit passing under the royal siguet. signed by a writer to the

signet, and containing the grounds and con-