Summary

Summary in United Kingdom

Meaning of Summary

The following is an old definition of Summary [1]: Without delay for, a trial by a jury; immediate; speedy; peremptory: as, a summary – conviction, or proceeding, summary relief. By the common law ot England and the laws ot many of the Colonies before the Revolution, and of the States before the formation ot the Constitution, a summary proceeding existed tor the recovery ot debts due to the government, especially of debts due from the receivers of the revenues. The mode ot assessing taxes by all governments is necessarily summary, that it may be speedy and effectual. But by ” summary ” is not meant arbitrary, unequal, or illegal. The mode must be lawful, which does not necessarily mean by a judicial proceeding. The term is also applied to statutory proceeding for the prompt dispossession of a tenant who holds over after default in paying rent, or after his term has expired; to hearings and determinations of charges of the lighter misdemeanors, by committing magistrates without the mtervention of a jury; and to punishments for contempts committed in open court. See Contempt; Conviction, Summary; Jury, Trial by; Prize, 3; Process, 1, Due.

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Notes and References

  1. Concept of Summary provided by the Anderson Dictionary of Law (1889) (Dictionary of Law consisting of Judicial Definitions and Explanations of Words, Phrases and Maxims and an Exposition of the Principles of Law: Comprising a Dictionary and Compendium of American and English Jurisprudence; William C. Anderson; T. H. Flood and Company, Law Publishers, Chicago, United States)

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