Blacks Law Dict. 1st ed

SETTLING ISSUES

1087

SET OUT

merely a right to insist, If the party think proper to do so, when sued by his creditor on a cotmtex demand, which can only be enforced 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. To recite or narrate facts or circumstances; to allege or aver; to describe or to incorporate; as, to set out a deed or contract. SET UP. To bring forward or allege, as something relied upon or deemed sufficient; to propose or interpose, by way of defense, explanation, or justification; as, to set up the statute of limitations, i. e., offer and rely upon it as a defense to a claim. SETTEE. In Scotch law. The granter of a tack or lease. 1 Forb. Inst. pt. 2, p. 153. SETTLE. To adjust, ascertain, or liqui date; to pay. Parties are said to settle an account when they go over its items and as certain and agree upon the balance due from one to the other. And, when the party in debted pays such balance, he is also said to settle it. 9 Wis. 38. To settle property is to limit it, or the in come 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 of their right of future enjoyment. Sweet. To settle a document is to make it right in form and in substance. Documents of diffi culty or complexity, such as mining leases, settlements by will or deed, partnership agree ments, etc., are generally settled by counsel. Id. The term "settle" is also applied to pau pers. SETTLE UP. A term, colloquial rather than legal, which is applied to the final col lection, adjustment, and distribution of the estate of a decedent, a bankrupt, oran insolv ent corporation. It includes the processes of collecting the property, paying debts and charges, and turning over the balance to those entitled to receive it. SETTLEMENT. In conveyancing. A disposition of property by deed, usually through the medium of a trustee, by which its enjoyment is limited to several persons in succession, as a wife, children, or other rela tives. In contracts. Adjustment or liquidation of mutual accounts; the act by which parties who have been dealing together arrange their

accounts and strike a balance. Also full and final payment or discharge of an account. The term also signifies a right acquired by a person, by continued residence for a given length of time in a town or district, to claim aid or relief under the poor-laws in case of his becoming a pauper. SETTLEMENT, ACT OP. The statute 12 & 13 Wm. III. c. 2, by which the crown of England was limited to the house of Han over, and some new provisions were added at the same time for the better securing the religion, laws, and liberties. SETTLEMENT, DEED OF. A deed made for the purpose of settling property, i. e., arranging the mode and extent of the en joyment thereof. The party who settles prop erty is called the "settlor;" and usually his wife and children or his creditors or his near relations are the beneficiaries taking interests under the settlement. Brown. SETTLEMENT, EQUITY OF. The equitable right of a wife, when her husband sues in equity for the reduction of her equi table estate to his own possession, to have the whole or a portion of such estate settled upon herself and her children. Also a similar right now recognized by the equity courts a& directly to be asserted against the husband. Also called the " wife's equity." SETTLER. A person who, for the pur pose of acquiring a pre-emption right, ha& gone upon the land in question, and is actu ally resident there. See 27 Minn. 222, 6 N. W. Rep. 615. SETTLING A BILL OF EXCEP TIONS. "When the bill of exceptions pre pared for an appeal is not accepted as correct by the respondent, it is settled (i. e. t ad justed and finally made conformable to the truth) by being taken before the judge who presided at the trial, and by him put into a form agreeing with his minutes and his rec ollection. SETTLING DAY. The day on which, transactions for the "account" are made up on the English stock-exchange. In consols they are monthly; in other investments, twice in the month. SETTLING INTERROGATORIES. The determination by the court of objections to interrogatories and cross-interrogatories prepared to be used in taking a deposition. SETTLING ISSUES. Jn English prac tice. Arranging or determining the form of*

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