Sum Up
A Dictionary of Law · William C. Anderson · 1889
A Dictionary of Law
To bring together under one view. To address a referee, a board of arbitrators, a master, but more often a jury, at the close of a case, reviewing the evidence and applying the law thereto. Whence summing up, which is applied to the final arguments of counsel, to that part of the judge's charge which reviews the testimony, and to that stage in a case in which these respective duties are performed.
See Charge, '2 (^, c). SUldVIABY.
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 Eevolution, 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 ' [Thayer v. Homer, 11 Mete. 110 (18451, Hubbard, J. 2 Worcester v. Eailroad Commissioners, 113 Mass. 171 (1873). ! Crowell V. Londonderry, 63 N. H. 48 (18S4). < United States v. Van Auken, 96 U. S. 388 (1877); Tax on Notes, 16 Op. Att.-Gen 344 (1879). 3 Murray's Lessee v. Hoboken Land, &c. Co., 18 How. 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 Co^"TEMPT; Conviction, Summary; Jury, Trial by; PaizE, 3; Process, 1, Due.