Blacks Law Dict. 1st ed

SUMMER-HUS SILVER 1137 SUPER FIDEM CHARTARUM, ETC.

for citing the defender. This writ corresponds to the writ of summons in English procedure. Bell; Paters. Comp. SUMMONS AND ORDER. In English practice. In this phrase the summons is the application to a common-law judge at cham bers in reference to a pending action, and upon it the judge or master makes the order. Mozley & Whitley. SUMMONS AND SEVERANCE. The proper name of what is distinguished in the books by the name of "summons and sever ance" is "severance;" for the summons is only a process which must, in certain cases, issue before judgment of severance can be given; while severance is a judgment by which, where two or more are joined in an action, one or more of these is enabled to proceed in such action without the other or others. Jacob. SUMMUM JUS. Lat. Strict right; ex treme right. The extremity or rigor of the law. Summum jus, summa injuria; snmma lex, summa crux. Extreme law (rigor of law) is the greatest injury; strict law is great punishment. Hob. 125. That is, insistence upon the full measure of a man's strict le gal rights may work the greatest injury to others, unless equity can aid. SUMNER, or SOMPNOUR. One who cites or summons. Cowell. SUMPTUARY LAWS. Laws made for the purpose of restraining luxury or extrav agance, particularly against inordinate ex penditures in the matter of apparel, food, furniture, etc. SUNDAY. The first day of the week is designated by this name; also as the "Lord's Day," and as the "Sabbath." SUO NOMINE. Lat. In his own name. SUO PERICULO. Lat. At his own peril or risk. SUPELLEX. Lat. In Roman law. Household furniture. Dig. 33, 10. SUPER. Lat Upon; above; over. SUPER ALTUM MARE. L. Lat. On the high sea. Hob. 212; 2 Ld. Raym. 1453. Super fidem chartarum, mortuis testi bus, erit ad patriam de necessitate recur rendum. Co. Litt. 6. The truth of char ters is necessarily to be referred to a jury, when the witnesses are dead.

SUMMER-HITS SILVER. A payment to the lords of the wood on the Wealds 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 evidence adduced, in order to draw the attention of the jury to the salient points. The counsel for each party has the right of summing up his evidence, if he has adduced any, and the judgefinallysums up the whole in his charge to the jury. Smith, Act. 157. SUMMON. In practice. To serve a sum mons; to cite a defendant to appear in court to answer a suit which has been begun 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 En glish practice. A summoning or summons; a writ by which a party was summoned to appear in court, of which there were various kinds. Spelman. Summonitiones ant oitationes lioeant fieri intra palatium regis. 3 Inst. 141. Let no summonses or citations be served within the king's palace. SUMMONITORES SCACCARII. Of ficers who assisted in collecting the revenues by citing the defaulters therein into the court of exchequer. SUMMONS. In practice. A writ, di rected to the sheriff or other proper officer, requiring him 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 named* and answer the complaint in such action. Civil actions in the courts of record of this state shall be commenced by the service of a summons. Code N. Y. § 127. In Scotch law. A writ passing under the royal signet, signed by a writer to the signet, and containing the grounds and conclusions of the action, with the warrant A.M.DICT.LAW—72

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