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Sugar Refiner

Defined in 1 dictionary — Abbott (1879)

Dictionary of Terms and Phrases Used in American or English Jurisprudence

Benjamin Vaughan Abbott · 1879

A person whose business it is to advance the quality and value of sugar, upon which a tax or duty has been paid, by melting and recrystallization, or by liquoring, claying, or other washing process, or by any other chemical or mechanical means; or who shall, by boiling or other process, advance the quality or value of molasses, concentrated molasses, or melado, upon which a tax or duty has been paid. Act of July 13, 1866, § 9, 14 Stat, at L. 129. SUGGESTIO; SUGGESTION. The Latin and English words signifying intimation, representation, or statement, but not necessarily implying any high degree of positiveness, defiiiileness, or urgency in what is said. Such terms as averment, assertion, and declaration suggest the notion of a putting forward of ideas in a formal and definite manner; and " representation " and " statement " involve somewhat of the same element. Suggestion may mean an informal, indefinite communication, an intimation. Suggestio falsi. Statement of what is false; false representations. An expression frequently contrasted with suppressio veri, q. v. Suggestion on the record. This phrase refers to a common method of bringing to the knowledge of the court matters of fact important to the right conduct or decision of a cause, but which cannot, under the circumstances, be pleaded. Thus, if a party dies after the pleadings are all in, a representation of the fact is incorporated in the record by what is called a suggestion, in order that the proper regard may be had to it, of a thing. Thus, by Magna Charta, no person shall be put to his law upon the suggestion of another, but by lawful witnesses (9 Hen. III. ch. 28). Suggestions upon record are grounds to move for prohibitions to suits in the spiritual courts; yet matters of record ought not to be stayed upon the bare suggestion of the party: there ought to be an affidavit made of the matter suggested to induce the court to grant a rule for staying the proceedings upon the record. Jacob. In actions at law, whenever, by the provision of an act of parliament or otherwise, a person not a party to the record Is to be affected by a judgment, or where the judgment upon the record is to be such as would not be ordinarily warranted by the previous proceedings on the record, the proper course is to enter a suggestion on the roll, so that the party to be affected by it may demur, if he thinks the facts suggested are insufficient in point of law, or plead, if he means to deny them. Thus, if there are two or more plaintiffs or defendants, and one of them dies, the action is not necessarily abated; but the death may be suggested on the record, and the action then continued by or against the survivors, with or without the representatives of the deceased party. A suggestion is also entered upon the record where a person not a party to the action is to be affected by the judgment, under the provisions of an act of parliament (as the members of a company by a judgment against the secretary), or where the judgment is to be such as would not be ordinarily warranted by the proceedings on the record, or where the sheriff to whom the venire is to be awarded is interested in the suit, or where, by the order of the court, the venue in a local action is removed to another county, and in many similar cases, where the circumstances involve a deviation from the ordinary course of proceeding. Brown.