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SUMMONS (Fr. semonce, from semonner o...

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Originally appearing in Volume V26, Page 81 of the 1911 Encyclopedia Britannica.
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SUMMONS (Fr. semonce, from semonner or semondre, See also:Lat. summonere, summonitio) , in See also:English See also:law (I) a command by a See also:superior authority to attend at a given See also:time or See also:place or to do some public See also:duty; (2) a document containing such command, and not infrequently also expressing the consequences entailedby neglect to obey. The oral summons or See also:citation seems to have preceded the written summons in See also:England, just as in See also:Roman law in See also:jus vocatio existed for centuries before the libellus conventionis. The antiquity and importance of the summons as a legal See also:form in England is shown by the presence of the " sompnour," or summoner of the ecclesiastical See also:court, as one of the characters in the See also:Canterbury Tales, and in The See also:History of See also:Sir See also:John See also:Oldcastle, where the See also:sumner is made to eat a citation issued from the See also:bishop of See also:Rochester's court. The See also:term is used with reference to a demand for the attendance of a See also:person in the high court of See also:parliament. As regards English courts of See also:justice it is See also:equivalent to what in the See also:civil and See also:canon law and in Scots law, and in English courts deriving their See also:procedure from those See also:sources, is known as " citation." That term is still preserved in English ecclesiastical courts and in matrimonial causes. It is an essential principle of justice that a court should not adjudicate upon any question without giving the parties to be affected or See also:bound by the See also:adjudication the opportunity of being heard and of bringing their witnesses before the court. The most usual term in English law for the See also:process by which attendance is commanded or required is the " summons." Civil Proceedings.—In the High Court of Justice, civil actions are begun by obtaining from the See also:officers of the court a document known as a " See also:writ of summons." In this document are stated the names of the parties and the nature of the claim made (which in the See also:case of liquidated sums of See also:money must be precise and particular). It is sealed and issued to the party suing it out, and served on the opposing party, not by an officer of the court but by an See also:agent of the See also:plaintiff. The See also:tenor of the writ is to require the See also:defendant to appear and See also:answer the claim, and to indicate the consequences of non-See also:appearance, viz. adjudication in See also:default. Many proceedings in the High Court and some in the See also:county court are initiated by forms of summons different from the writ of summons. Of those issued in the High Court three classes merit mention 1. For determining interlocutory matters of practice and procedure arising in " a pending cause or See also:matter.' These are now limited as far as possible to a See also:general summons for directions, introduced in 1883 so as to discourage frequent and expensive applications to the masters or See also:judges of the High Court on questions of detail.

These summonses are sealed and issued on application at the offices of the High Court. The matters raised are dealt with by a See also:

master or See also:judge in See also:chambers summarily. In matters of practice and procedure there is no See also:appeal from a judge at chambers without leave from him or from the court of appeal. 2. For determining certain classes of questions with more despatch and less cost than is entailed by See also:action or See also:petition. This See also:kind of summons is known as an " originating summons," because under it proceedings may be originated without writ for certain kinds of See also:relief specified in the rules (R. S. C., O. 55, r. 3). The originating summons may be used in all divisions of the High Court, but is chiefly employed in the See also:chancery See also:division, where it to a See also:great extent supersedes actions for the See also:administration of See also:trusts or of the estates of deceased persons ;1 and for the See also:foreclosure of mortgages a similar but not identical procedure was created by the Vendor and Purchaser See also:Act 1874, and the See also:Conveyancing Act 1881, with reference to questions of See also:title, &c., to real See also:property. In the See also:king's See also:bench and See also:probate divisions the originating summons is used for determining summarily questions as to property between See also:husband and wife, or the right to custody of See also:children, and many other matters (O.

54, rr. 4 B–4 F). The proceedings on an originating summons are conducted summarily at chambers without pleadings, and the See also:

evidence is usually written. In the chancery division where the questions raised are important the summons is adjourned into court. An appeal lies to the court of appeal from decisions on originating summonses. The forms of summonses and the procedure thereon in civil cases in the High Court are regulated by the Rules of the Supreme Court 1883 to 1907. 3. Certain proceedings on the See also:crown See also:side of the king's bench division are begun by summons, e.g. applications for See also:bail; and in vacation writs of habeas corpus, See also:mandamus, See also:prohibition and certiorari are asked for by summons as the full court is not in session. (See Crown See also:Office Rules, 1906). In the county courts an action is begun by plaint and summons. Two kinds of summons are in use—the See also:ordinary summons used for every form of county court action, and the default summons, which is an optional remedy of the plaintiff in actions for debts or liquidated demands exceeding £5, and in all actions for the See also:price or hire of goods I A similar practice existed before 1883 under the See also:powers given by 15 & 16 Vict. c. 86, but was very limited in its operation, as it applied simply to the See also:personal See also:estate of a deceased person.

sold or let to the defendant to be used in the way of his calling. It may also issue by leave of the judge or registrar In other cases, with the single exception that no leave can be given in claims under 5 where the claim is not for the price or hire of goods sold or let as above, if the See also:

affidavit of See also:debt discloses that the defendant is a servant or person engaged in See also:manual labour. The See also:advantage of a default summons is that See also:judgment is entered for the plaintiff without See also:hearing unless the defendant gives See also:notice of See also:defence within a limited time. A default summons must as a See also:rule be served personally on the defendant; an ordinary summons need not be served personally, but may in most cases be delivered to a person at the defendant's See also:house or place of business. A summons is also issued to a See also:witness in the county court. Forms of summons are given in the County Court Rules 1903. These include certain See also:special forms used in See also:admiralty and See also:interpleader actions and in proceedings under the Friendly See also:Societies Acts and the Married See also:Women's Property Acts. Summonses issued from county courts are usually served by a See also:bailiff of the court and not by the party suing them out. Justices of the See also:peace have See also:power to issue summonses to persons accused of indictable offences, or of offences summarily punishable, for their attendance, for preliminary inquiry or See also:summary trial according to the nature of the See also:charge, and also to persons against whom a complaint of a civil nature within the justices' See also:jurisdiction is made. On failure to attend on summons, attendance may be enforced by See also:warrant; and in the case of indictable offences this is the course always adopted. The forms in use for indictable offences are scheduled to the Indictable Offences Act 1848, and those for other purposes to the Summary Jurisdiction Rules 1886 (see SUMMARY JU RISDICTION). The attendance of witnesses before justices of the peace may be required by witness summons, enforced in the event of disobedience by See also:arrest under warrant (see WITNESS).

The attendance of jurors in civil or criminal trials is required by See also:

jury summons sent by registered See also:post. In courts for the trial of indictable offences the attendance of the accused and of the witnesses is not secured by summons. Both ordinarily attend in obedience to recognizances entered into before justices for their attendance. In the See also:absence of recognizances the attendance of the accused is enforced by bench warrant of the court of trial, or by justices' warrant, and that of the witnesses by writ of subpoend issued from the crown office of the High Court. Disobedience to the writ is punished as contempt of court. Scotand.—Summons is a term confined in strictness to the beginning of an action in the Court of Session. The summons is a writ in the See also:sovereign's name, signed by a writer to the signet, citing the defender to appear and answer the claim. The " will of the summons " is the conclusion of a writ containing the will of the sovereign or judge, charging the executive officer to cite the party whose attendance is required. It is regulated by several acts, e.g. The Debtors (See also:Scotland) Act 1838 (1 & 2 Vict. C. 114) and the Court of Session (Scotland) Act 1868 (31 & 32 Vict.

C. 100). A privileged summons is one where the induciae are shortened to six days against defenders within Scotland (Court of Session [Scotland] Act 1825, S. 53). Defects in the summons are cured by See also:

amendment or by a supplementary Fummons. The summons goes more into detail than the English writ of summons, though it no longer states, as it once did, the grounds of action, now stated in the condescendence and pursuer's pleas in law annexed to the summons. The form of the summons is regulated by the Court of Session (Scotland) Act 185o, s. 1 and See also:schedule A. After the action has been set on See also:foot by summons, the attendance of the parties and witnesses is obtained by citation. The Citation Amendment Acts 1871 and 1882 give additional facilities for the See also:execution of citations in civil cases by means of registered letters, instead of by the old process known as " See also:lock hole citation." In the act of 1871 the term " summons " is used to denote See also:part of the process of inferior civil courts. In the See also:sheriff court an action is now begun by writ (Sheriff Courts [Scotland] Act 1907), and not as formerly by petition or summons. In criminal cases the summons of the accused, or of witnesses, is by warrant of citation, and of jurors by citation sent by registered post (1868, c.

95, s. Io). See also:

Ireland.--In Ireland summonses are used substantially for the same purposes and in the same manner as in England, but generally speaking under statutes and rules applying only to the Irish courts. (W. F.

End of Article: SUMMONS (Fr. semonce, from semonner or semondre, Lat. summonere, summonitio)

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