KFLCC Kingdom Law 2nd Ed.

1106

STATISTICS

STATE OP FACTS

the state and others partaking 4n some degree of that character, from the ninth year of Hen. II. to the first of Geo. IV. STATE OF FACTS. Formerly, when a master in chancery was directed by the court of chancery to make an inquiry or investiga tion into any matter arising out of a suit, and which could not conveniently be brought before the court itself, each party in the suit carried in before the master a statement showing how the party bringing it in repre sented 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 party or the other, to prove his own or disprove his op ponent'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 support 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 plaintiff relies, sub stituted for a more formal declaration, in suits 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 consti tute an account stated, there must be a state ment of some certain amount of money being due, which must be made either to the party himself or to some agent of his." 5 Mees. & W. 667. —Stated meeting. A meeting of a board of directors, board of officers, etc., held at the time appointed therefor by law, ordinance, by-law, or other regulation; as distinguished from "spe cial" meetings, which are held on call as the occasion may arise, rather than at a regularly appointed time, and from adjourned meetings. See Zulich v. Bowman, 42 Pa. 87.— Stated term. A regular or ordinary term or session of a court for the dispatch of its general business, held at the time fixed by law or rule; as dis tinguished from a special term ; held out of the due order or for the transaction of particular business. STATEMENT. 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 official proceedings. —Statement of affairs. In English bank ruptcy practice, a bankrupt or debtor who has

presented a petition for liquidation or composi tion must produce at the first meeting of cred itors a statement of his affairs, giving a list of his creditors, secured and unsecured, with the value of the securities, a list of bills discount ed, and a statement of his property. Sweet. —Statement of claim. A written or printed statement by the plaintiff in an action in the English high court, showing the facts on which he relies to support his claim against the de fendant, 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 commence ment of the pleadings. Sweet— Statement of defense. In the practice of the English high court, where the defendant in an action does not demur to the whole of the plaintiffs claim, he delivers a pleading called a "statement of de fense." The statement of defense deals with the allegations contained in the statement of claim, (or the indorsement on the writ if there is no statement of claim,) admitting or denying them, and, if necessary, stating fresh facts in expla nation or avoidance of those alleged by the plaintiff. Sweet— Statement of particulars. In English practice, when the plaintiff claims a debt or liquidated demand, but has not indors ed the writ specially, (*. e., indorsed on it the particulars of his claim under Order iii. r. 6,) and the defendant fails to appear, the plaintiff may file a statement of the particulars of his claim, and after eight days enter judgment for the amount, as if the writ had been specially in dorsed. 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 ei ther "at once," or "within a legal time," i. e„ 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 plain tiff states the facts of his case; it is distin guished from the charging part of the bill 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 book 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 station ery and books, and of printing and publish ing government papers. STATIST. A statesman; a politician; one skilled in government STATISTICS. That part of political sci ence which is concerned in collecting and ar-