Writ of summons

“ Defendants in certain cases may sever, after final judgment, for the purpose of prosecuting an appeal or writ of error, which is effected by a proceeding usually called summons and severance, which will enable one of several defendants, or any number less than the whole, to sue out a writ of error or take an appeal in a case where the other defendants or respondents refuse to join in the petition for the same. ”

“ A statement of defence may not be delivered except under order made on the summons for directions (which must be taken out immediately after the appearance of the defendant in answer to the writ) , nor a reply without special leave. The result of the present practice is to substitute “particulars,” i.e. specific statement of the details which the parties intend to prove, for the more general terms in which pleadings were formerly framed. ”

“ To obtain the general consent of the realm for the assessment of an ‘aid’ - except in the three cases specified above - or a ‘scutage’, we will cause the archbishops, bishops, abbots, earls, and greater barons to be summoned individually by letter. To those who hold lands directly of us we will cause a general summons to be issued, through the sheriffs and other officials, to come together on a fixed day (of which at least forty days notice shall be given) and at a fixed place. In all letters of summons, the cause of the summons will be stated. ”

“ The man who carries a summons shall cut three notches on the door-post or door ... and put the summons over the lintel. All bœndr shall go to the Thing when the summons comes to their house except single-workers. They shall go only to three Things—a Thing for murder, a Thing for choosing a king, a man-reckoning (census) Thing. During all other Things they shall sit at home.... A widow and a disabled bondi shall not go to the Thing against their will. All other bœndr shall go to the Thing when the summons comes to their house, or pay a Thing-fine” (Earlier Gulathing’s Law, 131) . ”

“ The first sentence of the last section, declaring that the service of the summons shall be deemed the commencement of the action, is embodied in the statute of limitations, and is as clearly a part of it as the second sentence of the section, declaring that an attempt to commence an action by delivery of the summons to an officer with intent that it shall be actually served shall be deemed equivalent to a commencement thereof. ”

“ The advantage of a default summons is that judgment is entered for the plaintiff without hearing unless the defendant gives notice of defence within a limited time. A default summons must as a rule be served personally on the defendant; an ordinary summons need nor be served personally, but may in most cases be delivered to a person at the defendant’s house or place of business. A summons is also issued to a witness in the county court. Forms of summons are given in the County Court Rules 1903. ”

“ Moore Federal Practice, Vol. 1, p. 360-361.
It is true that the service of summons is the procedure by which a court having venue and jurisdiction of the subject matter of the suit asserts jurisdiction over the person of the party served. ”

“ Justices of the peace have power to issue summonses to persons accused of indictable offences, or of offences summarily punishable, for their attendance, for preliminary inquiry or summary trial according to the nature of the charge, and also to persons against whom a complaint of a civil nature within the justices' jurisdiction is made. On failure to attend on summons, attendance may be enforced by warrant ”

“ Where a summons is issued against a person who cannot, by the exercise of due diligence, be found, the summons may be served by leaving a copy thereof for him with some adult member of his family or with his employee residing with him. ”

“ For the purpose of any criminal proceedings before a court of assize or quarter sessions a witness summons, that is to say, a summons requiring the person to whom it is directed to attend before the court and give evidence or produce any document or thing specified in the summons, may be issued out of that court or out of the High Court. ”

“ Nor should there be omitted the fact that when the causes above named have conspired to decrease the attendance of men in arms who live far off, and when there grows up the usage of summoning the more important among them, it naturally happens that in course of time the receipt of a summons becomes the authority for attendance, and the absence of a summons becomes equivalent to the absence of a right to attend. ”

“ Still, an official summons to his office struck terror even into the most hardened.
A young fellow, whose general record was none too good, was summoned to answer for absence. He stated his excuse, and then, '/ ”

“ By special order of a judge a subpoena may be issued from any court in England, Scotland or Ireland to compel the attendance of a witness out of the jurisdiction. Summons is the universal means of commencing an action in the high court. It is addressed to the defendant, and may be either generally or specially indorsed with a statement of the nature of the claim made. ”

“ And he who summons another shall walk with witnesses to the home of that man, and, if he be not at home, shall bid the wife or any one of the family to make known to him that he has been summoned to court. ”

“ The circumstances in respect of a mistake, by reason of which no summons was issued, though service of copy was made, are set forth in detail, and the fact alleged of notice of appearance and answer, and the assertion by defendant's attorney that this was in ignorance of the defect in the summons. ”

“ But since it is reasonable to believe, my lords, that many of those, who might assist us in this difficult inquiry, are now in the country, it is necessary, that our summons may have the effect which is desired, to defer the reading for some time. For to what purpose will it be to require their presence at a time at which we know it is impossible for them to comply with our orders? To direct what cannot be done is surely in its own nature absurd and contemptible, and on this occasion will expose not only our understanding but our honesty to doubts ”

“ Vápna-thing, i.e. a Thing to examine if every man possessed the weapons prescribed by law. All members of the Thing according to law had an equal vote.
The summons was by sending out a Thingbod (Thing-summons) , or, in case of murder, an ör (arrow) throughout the whole Thing-district; the summons or arrow was sent from farm to farm, and called upon all Thingmen to meet at the usual Thing-place, generally the fifth day after the issue of the summons.
“Every man who thinks a Thing necessary may have one. Every man shall carry the summons and not drop it. ”

“ Never you mind about mottoes. Put your question to his worship.
Dusty Lady. Well, me lord, what I wanted to ask was this. I warn a summons against a person—I can't call her a woman—she's nothing more or less than a person—and she's been taking my character away like anything and (banging witness-box with dilapidated hand-bag) I'm going to put a stop to it if I 'ave to go to the 'Ouse of Lords to do it. ”

“ Any clerk of petty sessions may receive any complaint made to him personally by any master or servant, and after the same has been reduced into writing and signed by the complainant, may issue his summons against the defendant, and such summons shall have the same force and effect as if issued by a justice. ”

“ And be it further enacted, That any person, being summoned in the manner above directed, and refusing or neglecting to attend, pursuant to such summons, unless in case of sickness, or other unavoidable accident, shall forfeit and pay the sum of twenty dollars, to be recovered with costs of suit, by the party at whose instance the warrant of summons was issued, and for his use, by action of debt in any court, or before any other tribunal of the United States, or any state, having jurisdiction to the amount of such penalty. ”

“ Reputation in such a calling is a plant of tender growth, and its bloom, once lost, is not easily restored. The mere summons to appear at such a hearing and make report as to one's conduct, may become a slur and a reproach. Dangers are indeed here, but not without a remedy. The remedy is to make the inquisition a secret one in its preliminary stages. This has been done in the first judicial department, at least in many instances, by the order of the justice presiding at the hearing. ”

“ A simple procedure is provided for what are called summons cases, as distinguished from warrant cases—the first being offences for which a police officer may arrest without warrant, the second being offences where he must have a warrant, or, in other words, minor offences and important offences. In summons cases no formal charge need be framed. The magistrate tells the accused the particulars of the offence charged; if he admits his guilt, he is convicted; if he does not, evidence is taken, and a finding is given in accordance with the facts as proved. ”

“ Page (18 Wall. 366) , 'it appears from the return of the officer or the proof of service contained in the record that the summons was served at a particular place, and there is no averment of any other service, it will not be presumed that service was also made at another and different place; or if it appear in like manner that the service was made upon a person other than the defendant, it will not be presumed, in the silence of the record, that it was made upon the defendant also.'
We are of opinion that the principle here stated applies in this case. ”

“ If one consents to swear that he is not a heretic, I say to him, 'If you wish to swear so as to escape the stake, one oath will not suffice for me, nor ten, nor a hundred, nor a thousand, because you dispense each other for a certain number of oaths taken under necessity, but I will require a countless number. Moreover, if I have, as I presume, adverse witnesses against you, your oaths will not save you from being burned. You will only stain your conscience without escaping death. ”

“ So regular and urgent were his inquiries that the house-party could not be ignorant of his preoccupation. And on the afternoon of the Thursday a telegram in its orange envelope was lying upon the hall-table.
"It's for you, Mr. Hillyard," said Lady Splay.
Hillyard held it in his hands. So the summons had come, the summons hoped for, despaired of, made so often into a whip wherewith he lashed his arrogance, the summons to serve.
"I shall have to go up to town this evening," he said.
Anxious faces gathered about him.
"Oh, don't do that!" said Harold Jupp. "We have just got to like you." ”

“ Eventually, however, the principle became fixed that a man once summoned must be summoned whenever occasion should arise, and that, furthermore, his eldest son after him must be summoned in similar manner. ”

“ It shall 517go between the winter-houses and not between the sœters. The Thing-summons shall delay nowhere in weather fit for travelling except in night-quarters, and not unless there is necessity. If a man drops the summons he is liable to pay three aurar.... ”

“ On their complaint “our lord the King, willing, for the cause aforesaid, to provide for the quietness of the said church, and full right to be done as well to the said bishop, dean, and chapter and their successors,” ordered that henceforth “if any of the parties feel himself grieved of a false oath made by such assize, jury, or inquest, the attaint shall be granted to him, and the record sent by writ into the King’s Bench or into the Common Pleas ”

“ If any Chief Prosecutor objects to the issuance of a summons, or if the Tribunal is in session, the General Secretary shall submit the application to the Tribunal, which shall decide whether or not the summons shall issue. ”

“ We take witness that we take an oath on the book, a lawful oath; we pray God so to help us two in this light and in the next, as we lay it on our honour that we believe with all our hearts that Mord will so plead this suit as he knows to be most truthful, and most just, and most lawful, and that he hath not brought money into this court in this suit to help himself, and that he will not offer it, and that he hath not taken money, nor will he take it, either for a lawful or unlawful end. ”

“ A case may arise where it is best to wait for the witness, and it may be desirable to hold him, in order to examine him personally; this is left to the commissary's choice, for, having the case before him, he can decide what is best to do. If any one be summoned on the affairs of the Holy Office and shall not render due obedience, a written order must be sent to him, imposing upon him the penalty of excommunication and a fine in money, should he disobey. ”

“ The summons and petition may be served at any place in the United States. The Secretary, promptly upon service of the summons and petition, shall certify and file in the court the transcript of the proceedings and the record on which the Secretary based his order.' 52 Stat. ”

“ Bracton 336. b. et seq. Fleta L. 6. c. 7. Mirror, 117. et seq. 2 Inst. 125. Spelm. Cowell. Les termes de la ley, &c. &c.)
[47] In affirmance of this period of time, see Articuli super chartas, c. 15. and Lord Coke’s comment. (2 Inst. 567.) The Norman code required the same period to render a summons lawful, Grand Custum. de Norm. c. 49. See also Bracton 334. a. and Fleta L. 6. c. 6. s. 11. 12.
[48] It seems from the Regiam Majestatem, that if the summons were made by one summoner, in the presence of lawful and sufficient witnesses, it was good. ”

“ But if you use such words as are the ordinary form of an oath in a language which you understand, so as the hearers may justly suppose you to understand it, it is an oath, coram hominibus, before men, and in the latter narrower sense of the word. And it shall be obligatory and pleadable against you in any court of justice by those you swear to; yea, and God himself doth take you thereby to be obliged thus to men: and if it be a profane, causeless swearing, men must call it an oath; for they see not the heart ”