KFLCC Kingdom Law 2nd Ed.

SUITORS FUND IN CHANCERY

1122

SUMMONS

SUMMER-HUS 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 ac tion by a jury, is a recapitulation of the evi dence adduced, in order to draw the atten tion of 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. 157. And see State v. Ezzard, 40 S. O. 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 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 Petty oftlcers, who cite and warn persons to appear in any court Pleta, lib. 9. SUMMONITIO. L. Lat In old Eng lish 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 citationes nullae liceant fieri intra palatium regis. 3 Inst 141. Let no summonses or citations be serv ed within the king's palace. SUMMONITORES SCACCARII. Offi cers 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 nam ed, and answer the complaint in such action. Whitney v. Blackburn, 17 Or. 564, 21 Pac. 874, 11 Am. St. Rep. 857; Horton v. Railway Co., 26 Mo. App. 358; Piano Mfg. Co. T. Kau fert 86 Minn. 13, 89 N. W. 1124. 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 con- SUMMONERS.

of suitors in that court were paid, and out of which the salaries of various officers of the court were defrayed. Wharton. SUITORS' 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 in terest from the same. By St. 32 & 33 Vict c. 91, $ 4, the principal of this fund, amount ing to over' £3,000,000, was transferred to the commissioners for the reduction of the national debt Mozley & Whitley. SULCUS. In old English law. A small brook or stream of water. Cowell SUIXERY. In old English law. A plow land. 1 Inst 5. In English law. A summary or abstract; a compendium; a collection. Sev eral of the old law treatises are called "sums." Lord Hale applies the term to sum maries of statute law. Burrill. SUMAGE. Toll for carriage on horse back. Cowell. Snmma caritaa est facere justitiam singulis, et omni tempore quando ne cesse fuerit. The greatest charity is to do justice to every one, and at any time when ever it may be necessary. 11 Coke, 70. Snmma est lex quae pro religion* f aoit. That is the highest law which favors re ligion. 10 Mod. 117, 119; Broom, Max. 19. Snmma ratio est qun pro religione facit. That consideration is strongest which determines in favor of religion. Co. Litt 341a; Broom, Max. 19. SUMMARY, n. An abridgment; brief; compendium; also a short application to a court or judge, without the formality of a full proceeding. Wharton. Immediate; peremp tory ; off-hand; without a jury; provisional; statutory. -Summary actions. In Scotch law. Those which are brought into court not by summons, but by petition, corresponding to summary proceedings in English courts. Bell; Brown. •—Summary conviction. See CONVICTION. —Summary jurisdiction. See JURISDIC TION.— Summary procedure on bills of ex change. This phrase refers to the statute 18 & 19 Vict. c. 67, passed in 1855, for the pur pose of facilitating the remedies on bills and notes by the prevention of frivolous or fictitious defenses. By this statute, a defendant in an action on a bill or note, brought within six months after it has become nayable, is pro hibited from defending the action without the leave of the court or a judge. See 2 Steph. Comm. 118, note; Lush, Pr. 1027.— Summary proceeding. See PBOCEEDING. SUM. SUMMARY, adj.