KFLCC Kingdom Law 2nd Ed.

1079

SETTLE

SESSION

a demand against the plaintiff to counter balance his in whole or in part. Code Ga. 1882, § 2899. For the distinction between set-off and re coupment, see RECOUPMENT. "Set-off" differs from a "lien," inasmuch as the former 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 can only be en forced through the medium of judicial proceed ings; 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. First Nat, Bank v. Engelbercht, 58 Neb. 639, 79 N. W. 556; U. S. v. Watkins, 28 Fed. Oas. 436. SET TJF. 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. SETTER. 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 Auzerais v. Naglee, 74 Cal. 60, 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, 80 Iowa, 422, 46 N. W. 61. 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 agreements, 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 collection, adjustment, and distribution of the estate of a decedent a bankrupt, or an insolvent corpora tion. ,It includes the processes of collecting the property, paying debts and charges, and turning over the balance to those entitled to receive it —Settled estate. See ESTATE.—Settling a bill of exceptions. When the bill of excep tions prepared for an appeal is not accepted as correct by the respondent it is settled («. e., ad justed and finally made conformable to the truth) by being taken before the judge who pre sided at the trial, and by him put into a form

a legislative body,) as distinguished from a special or extra session.—Session lairs. The name commonly given to the body of laws en acted by a state legislature at one of its an nual or biennial sessions. So called to dis tinguish them from the "compiled laws" or "revised statutes" of the state.—Session of the peace, in English law, is a sitting of justices of the peace for the exercise of their powers. There are four kinds,—petty, special, quarter, and general sessions.—Sessional or ders. Certain resolutions which are agreed to by both houses at 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 beyond the session in which they are adopted. They are principally of use as di recting the order of business. Brown.—Ses sions. A sitting of justices in court upon their commission, or by virtue of their appoint ment, and most commonly for the trial of criminal cases. The title of several courts in England and the United States, chiefly those of criminal jurisdiction. Burrill.—Special ses sions. In English law. , A meeting of two or more justices of the peace held for a special purpose, (such as the licensing of alehouses,) either as required by statute or when specially convoked, which can only be convened after notice to all the other magistrates of the divi sion, to give them an opportunity of attending. Stone, J. Pr. 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 can cel, annul, or revoke them at the instance of a party unjustly or irregularly affected by them. State v. Primm, 61 Mo. 171; Brandt v. Brandt, 40 Or. 477, 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 of 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 be ing called respectively "first of exchange," "second of exchange," etc., and these parts together constitute a "set of exchange." Any one of them being paid, the others become void. SET-OFF. A counter-claim or cross-de mand ; a claim or demand which the defend ant in an action sets off against the claim of the plaintiff, as being his due, whereby he may extinguish the plaintiff's demand, either in whole or in part, according to the amount of the set-off. See In re Globe Ins. Co., 2 Edw. Ch. (N. Y.) 627; Sherman v. Hale, 76 Iowa, 383, 41 N. W. 48; Naylor v. Smith, 63 N. J, Law, 596, 44 Atl. 649; Hurdle y. Hanner 50 N. C. 360; Wills v. Browning, 96 Ind. 149. Set-off is a defense which goes not to the justice of the plaintiff's demand, but sets up