R:


   RACK, punishments.  An engine with which to torture a supposed
criminal, in  order to extort a confession of his supposed crime,
and the  names of his supposed accomplices. Unknown in the United
States.

    2.  This instrument,  known by  the nickname  of the  Duke of
Exeter's daughter,  was in use in England. Barr. on the Stat. 866
12 S. & R. 227.

    BACK  RENT, Engl. law. The full extended value of land let by
lease, payable by tenant for life or Years. Wood's Inst. 192.

   RADOUB, French law. This word designates the repairs made to a
ship, and a fresh supply of furniture and victuals, munitions and
other provisions required for the voyage. Pard. n. 602.

    RAILWAY.  A road  made with  iron  rails  or  other  suitable
materials.

    2. Railways are to be constructed and used as directed by the
legislative acts creating them.

    3.  In general,  a railroad  company may  take lands  for the
purpose of  making a  road when  authorized by  the  charter,  by
paying a just value for the same. 8 S. & M. 649.

    4.  For most  purposes a railroad is a public highway, but it
may be the subject of private property, and it has been held that
it may  be sold  as such,  unless the  sale be  forbidden by  the
legislature;   not the  franchise, but  the land constituting the
road. 5  Iredell, 297.  In. general, however, the public can only
have a  right of  way for  it is  not essential  that the  public
should enjoy  the land  itself, namely,  its treasures, minerals,
and the  like, as  these would  add nothing to the convenience of
the public.

    5. Rail-road companies, like all other principals, are liable
for the acts of their agents, while in their employ, but they can
not be made responsible for accidents which could not be avoided.
2 Iredell, 234;  2 McMullan, 403.

   RAIN WATER. The water which naturally falls from the clouds.

    2.  No one  has a right to build his house so as to cause the
rain water  to fall over his neighbor's land;  1 Rolle's Ab. 107;
2 Leo.  94;   1 Str. 643;  Fortesc. 212;  Bac. Ab. Action on. the
case, F.;   5  Co. 101;   2  Rolle, Ab.  565, 1. 10;  1 Com. Dig.
Action upon the case for a nuisance, A;  unless he has acquired a
right by a grant or prescription.

    3. When the land remains in a state of nature, says a learned
writer, and  by the natural descent, the rain water would descend
from  the   superior  estate   over  the  lower,  the  latter  is
necessarily subject  to receive  such water. 1 Lois des Batimens,
15, 16. Vide 2 Roll. 140;  Dig. 39, 3;  2 Bouv. Inst. n. 1608.


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   RANGE. This word is used in the land laws of the United States
to designate  the order  of the  location of  such lands,  and in
patents from  the United States to individuals they are described
as being within a certain range.

    RANK. The order or place in which certain officers are placed
in the  army and  navy, in  relation to  others, is  called their
rank.

   2. It is a maxim, that officers of, an inferior rank are bound
to obey  all the  lawful commands  of their  superiors,  and  are
justified for such obedience.

   RANKING. In Scotland this term is used to signify the order in
which the debts of a bankrupt ought to be paid.

     RANSOM,  contracts,  war.  An  agreement  made  between  the
commander  of   a  capturing  vessel  with  the  commander  of  a
vanquished vessel, at sea, by which the former permits the latter
to depart  with his  vessel, and  gives him  a safe  conduct,  in
consideration of  a sum  of money,  which the  commander  of  the
vanquished vessel, in his own name, and in the name of the owners
of his  vessel and cargo, promises to pay at a future time named,
to the other.

    2. This contract is usually made in writing in duplicate, one
of which  is kept  by the  vanquished vessel  which is  its  safe
conduct;   and the  other by  the  conquering  vessel,  which  is
properly called ransom bill.

    3.  This contract,  when made  in good faith, and not locally
prohibited, is  valid, and  may be  enforeed. Such contracts have
never been  prohibited in  this country.  1 Kent,  Com.  105.  In
England they  are generally  forbidden. Chit.  Law of Nat. 90 91;
Poth. Tr.  du Dr.  de Propr.  n. 127.  Vide 2 Bro. Civ. Law, 260;
Wesk. 435;   7  Com. Dig. 201;  Marsh. Ins. 431;  2 Dall. 15;  15
John. 6;  3 Burr. 1734. The money paid for the redemption of such
property is also called the ransom.

    RAPE,  crim. law.  The carnal  knowledge of  a woman by a man
forcibly and  unlawfully against  her will. In order to ascertain
precisely the  nature of  this offence,  this definition  will be
analysed.

    2.  Much difficulty  has arisen  in defining  the meaning  of
carnal knowledge,  and different  opinions have  been entertained
some judges having supposed that penetration alone is sufficient,
while other's  deemed emission  as an essential ingredient in the
crime. Hawk.  b. 1,  c. 41, s. 3;  12 Co. 37;  1 Hale, P. C. 628;
2 Chit.  Cr. L. 810. But in modern times the better opinion seems
to be  that both  penetration and emission are necessary. 1 East,
P. C.  439;   2 Leach,  854. It is, however, to be remarked, that
very slight  evidence may  be sufficient  to  induce  a  jury  to
believe there was emission. Addis. R. 143;  2 So. Car. C. R. 351;
1 Beck's  Med. Jur.  140. 4  Chit.  Bl.  Com.  213,  note  8.  In
Scotland, emission  is not  requisite. Allis. Prin. 209, 210. See
Emission;  Penetration.


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    3.  By the term man in this definition is meant a male of the
human species,  of the age of fourteen years and upwards;  for an
infant, under  fourteen years,  is supposed  by law  incapable of
committing this  offence. 1  Hale, P. C. 631;  8 C. & P. 738. But
not only  can an  infant uncler  fourteen years, if of sufficient
mischievous discretion,  but  even  a  woman  may  be  guilty  as
principals in  the second  degree. And the hushand of a woman may
be a  principal in the second degree of a rape committed upon his
wife, as  where he held her while his servant committed the rape.
1 Harg St. Tr. 388.

    4.  The knowledge  of the woman's person must be forcibly and
against her   will;   and if her consent has not been voluntarily
and freely  given, (when  she has  the  power  to  consent,)  the
offence will be complete, nor will any subsequent acquiescence on
her part  do away  the guilt  of the ravisher. A consent obtained
from a  woman by actual violence, by duress or threats of murder,
or by  the administration  of stupefying  drugs, is  not  such  a
consent as  will shield  the offender,  nor turn  his crime  into
adultery or fornication.

    5.  The matrmonial  consent of  the wife cannot be retracted,
and, therefore,  her hushand cannot be guilty of a rape on her as
his act  is not  unlawful. But,  as already  observed, he  may be
guilty as principal in the second degree.

    6.  As a  child under ten years of age is incapable in law to
give her  consent, it  follows, that the offence may be committed
on such a child whether she consent or not. See Stat. 18 Eliz, c.
7, s. 4. See, as to the possibility of commi tting a rape, and as
to the  signs which  indicate it,  1 Beck's  Med.  Jur.  ch.  12;
Merlin, Rep.  mot Viol.;   1 Briand, Med. Leg. 1ere partic, c. 1,
p. 66;    Biessy,  Manuel  Medico-Legal,  &c.  p.  149;    Parent
Duchatellet, De  la Prostitution dans la ville de Paris, c. 3, §5
Barr. on the Stat. 123;  9 Car. & P. 752 2 Pick. 380;  12 S. & R.
69;  7 Conn. 54 Const. R. 354;  2 Vir. Cas. 235.

    RAPE,  division of  a country.  In the English law, this is a
district similar to that of a hundred;  but oftentimes containing
in it more hundreds than one.

    RAPINE,  crim. law.  This is  almost  indistinguishable  from
robbery. (q.  v.) It  is the  felonious taking  of another  man's
personal property,  openly and by violence, against his will. The
civilians define  rapine to  be the  taking  with  violence,  the
movable property  of  another,  with  the  fraudulent  intent  to
appropriate it to one's own USC. Lec. El. Dr. Rom. §1071.

    RAPPORT  A SUCCESSION. A French term used in Louisiana, which
is somewhat  similar in its meaning to our homely term hotch-pot.
It is  the reunion  to the  mass of the succession, of the things
given by  the deceased  ancestor to  his heir,  in order that the
whole may be divided among the do-heirs.


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     2.  The  obligation  to  make  the  rapport  has  a  tripple
foundation. 1. It is to be presumed that the deceased intended in
making an advancement, to give only a portion of the inheritance.
2. It  establishes the  equality of  a division,  at least,  with
regard to  the children of the same parent, who all have an equal
right to  the  succession.  3.  It  preserves  in  families  that
harmony, which  is always  disturbed by  unjust favors to one who
has only  an equal  right. Dall.  Dict. h.  t.  See  Advancement;
Collation;  Hotchpot.

    RASCATL.  An opprobrious  term, applied  to  persons  of  bad
character. The  law does  not presume  that a  damage has  arisen
because the  defendant has been called a rascal, and therefore no
general damages  can be  recovered for  it;   if  the  party  has
received special  damages in  consequence of  being so called, be
can recover a recompense to indennify him for his loss.

   RASURE. The scratching or scraping a writing, so as to prevent
some part  of it  from being  read.  The  word  writing  here  is
intended  to  include  printing.  Vide  Addition;    Erasure  and
Interlineation. Also  8 Vin.  Ab. 169;  13 Vin. Ab. 37;  Bac. Ab.
Evidence, F.;  4 Com. Dig. 294;  7 Id. 202.

    RATE. A public valuation or assessment of every man's estate;
or the  ascertaining how  much tax every one shall pay. Vide Pow.
Mortg. Index, h. t.;  Harr. Dig. h. t.;  1 Hopk. C. R. 87.

    RATE  OF EXCHANGE.  Among merchants,  by rate  of exchange is
understood the  price at  which a  bill drawn in one country upon
another, may be sold in the former.

     RATIFICATION,  contracts.  An  agreement  to  adopt  an  act
performed by another for us.

   2. Ratifications are either empress or implied. The former are
made in  express and direct terms of assent;  the latter are such
as the law presumes from the acts of the principal;  as, if Peter
buy goods  for James,  and the  latter, knowing the fact, receive
them and apply them to his own use. By ratifying a contract a man
adopts the  agency, altogether,  as well  what is  detrimental as
that which  is for his benefit. 2 Str. R. 859;  1 Atk. 128;  4 T.
R. 211;  7 East, R. 164;  16 M. R. 105;  1 Ves. 509 Smith on Mer.
L. 60;  Story, Ag. §250 9 B. & Cr. 59.

    3.  As a  general rule,  the principal has the right to elect
whether he  will adopt  the unauthorized  act or  not. But having
once ratified  the act, upon a full knowledge of all the material
circumstances, the  ratification cannot  be revoked  or recalled,
and  the   principal  becomes  bound  as  if  he  had  originally
authorized the  act. Story,  Ag. §250;  Paley, Ag. by Lloyd, 171;
3 Chit. Com. Law, 197.

    4.  The ratification of a lawful contract has a retrospective
effect, ana  binds the principal from its date, and not only from
the time  of the ratification, for the ratification is equivalent
to an  original authority,  according to  the maxim,  that  omnis
ratihabitio mandate  aeguiparatur. Poth.  Ob. n.  75;   Ld. Raym.


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930;  Com. 450;  5 Burr. 2727;  2 H. Bl. 623;  1 B. & P. 316;  13
John.;  R. 367;  2 John. Cas. 424;  2 Mass. R. 106.

    5. Such ratification will, in general, relieve the agent from
all responsibility  on the contract, when be would otherwise have
been liable.  2 Brod.  & Bing. 452. See 16 Mass. R. 461;  8 Wend.
R. 494;  10 Wend. R. 399;  Story, Ag. §251. Vide Assent, and Ayl.
Pand. *386;   18  Vin. Ab.  156;  1 Liv. on, Ag. c. 2, §4, p. 44,
47;   Story on  Ag. §239;   3 Chit. Com. L. 197;  Paley on Ag. by
Lloyd, 324;   Smith  on Mer.  L. 47,  60;   2 John. Cas. 424;  13
Mass. R. 178;  Id. 391;  Id. 379;  6 Pick. R. 198;  1 Bro. Ch. R.
101, note;  S. C. Ambl. R. 770;  1 Pet. C. C. R. 72;  Bouv. Inst.
Index, h. t.

    6.  An infant  is not liable on his contracts;  but if, after
coming of  age, he  ratify the  contract by  an actual or express
declaration, he  will be  bound to  perform it, as if it had been
made after  he  attained  full  age.  The  ratification  must  be
voluntary, deliberate,  and intelligent,  and the party must know
that without  it, he  would not be bound. 11 S. & R. 305, 311;  3
Penn. St.  R. 428.  See 12 Conn. 551, 556;  10 Mass. 137,140;  14
Mass. 457;   4 Wend. 403, 405. But a confirmation or ratification
of a  contract, may  be implied  from acts of the infant after he
becomes of  age;   as by  enjoying or  claiming a benefit under a
contract be might have wholly rescinded;  1 Pick. 221, 22 3;  and
an infant  partner will  be liable for the contracts of the firm,
or at  least such  as were known to him, if he, after becoming of
age, confirm  the contract of partnership by transacting business
of the  firm, receiving  profits, and  the like. 2 Hill. So. Car.
Rep. 479;  1 B. Moore, 289.

    RATIFICATION  OF TREATIES.  The constitution  of  the  United
States, art.  2, s.  2, declares  that the  president shall  have
power, by  and with the advice and consent of the senate, to make
treaties, provided  two-thirds of the senators present concur. 2.
So treaty  is therefore of any validity to bind the nation unless
it has  been ratified by two-thirds of the members present in the
senate at  the time  its expediency  or propriety  may have  been
discussed. Vide Treaty.

    RATIHABITION,  contracts. Confirmation;    approbation  of  a
contract;  ratification. Vin. Ab. h. t.;  Assent. (q. v.)

    RATIONALIBUS  DIVISIS, WRIT DE. The name of a writ which lies
properly when  two men have lands in several towns or hamlets, so
that the one is seised of the land in one town or hamlet, and the
other, of  the other  town or hamlet by himself;  and they do not
know the  bounds of  the town  or hamlet, nor of their respective
lands. This  writ lies  by one, against the other, and the object
of it is to fix the boundaries. F . N. B. 300.

    RAVISHED,  pleadings. In indictments for rape, this technical
word  must   be  introduced,   for  no   other  word,   nor   any
circumlocution, will  answer the purpose. The defendant should be
charged with  having "feloniously  ravished" the  prosecutrix, or
woman mentioned  in the  indictment. Bac.  Ab. Indictment,  G  l;
Com. Dig. Indictment, G 6;  Hawk. B. 2, c. 25, s. 56;  Cro. C. C.


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37;   1 Hale,  628:   2 Hale,  184 Co. Litt. 184, n. p.;  2 Inst.
180;   1 East,  P. C.  447. The words "feloniously did ravish and
carnally know,"  imply that the act was done forcibly and against
the will of the woman. 12 S. & R. 70. Vide 3 Chit. Cr. Law, 812.

    RAVISHMENT,  crim. law. This word has several meanings. 1. It
is an  unlawful taking  of a  woman, or an heir in ward. 2. It is
sometimes used synonymously with rape.

    RAVISHMENT OF WARD, Eng. law. The marriage of an infant ward,
without the  consent of  the guardian,  is called a ravishment of
ward, and punishable by statute. Westminster 2, c. 35.

    READING. The act of making known the contents of a writing or
of a printed document.

    2.  In order  to enable a party to a contract or a devisor to
know what  a paper  contains it must be read, either by the party
himself or  by some  other person  to him. When a person signs or
executes a  paper, it  will be  presumed that it has been read to
him, but this presumption may be rebutted.

    3.  In the case of a blind testator, if it can be proved that
the will  was not  read to him, it cannot be sustained. 3 Wash. C
C. R. 580. Vide 2 Bouv. Inst. n. 2012.

    REAL.  A term  which is  applied to land in its most enlarged
signification. Real  security, therefore,  means the  security of
mortgages or  other incumbrances affecting lands. 2 Atk. 806;  S.
C. 2 Ves. sen. 547.

    2.  In the civil law, real has not the same meaning as it has
in the  common law.  There it  signifies what relates to a thing,
whether it be movable or immovable, lands or goods;  thus, a real
injury is  one which  is done  to  a  thing,  as  a  trespass  to
property, whether it be real or personal in the common law sense.
A  real   statute  is   one  which   relates  to   a  thing,   in
contradistinction to such as relate to a person,

    REAL ACTIONS. Those which concern the realty only, being such
by which  the  demandant  claims  title  to  have  any  lands  or
tenements, rents,  or other  hereditaments, in  fee  simple,  fee
tail, or for term of life. 3 Bl. Com. 117. Vide Actions.

    2.  In the  civil law,  by real actions are meant those which
arise from  a  right  in  a  thing,  whether  it  be  movable  or
immovable.

   REAL CONTRACT, com. law. By this term are understood contracts
in respect to real property. 3 Rawle, 225.

   2. In the civil law real contracts are those which require the
interposition of  thing (rei,)  as the  subject  of  them;    for
instance, the loan for goods to be specifically returned.

    3.  By that  law, contracts  are divided into those which are
formed by  the mere  consent of  the parties,  and therefore  are


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called consensual;   such  as sale, hiring and mandate, and those
in which it is necessary that there should be something more than
mere consent,  such as  the loan  of money,  deposit  or  pledge,
which, from  their nature,  require the  delivery of  the  thing;
whence they are called real. Poth. Obl. p. 1, c. 1, s. 1, art. 2.

    REAL PROPERTY, That which consists of land, and of all rights
and profits  arising from  and annexed  to land,  of a permanent,
immovable nature.  In order  to make one's interest in land, real
estate, it  must be  an interest  not less  than for  the party's
life, because  a term  of  years,  even  for  a  thousand  years,
perpetually renewable, is a mere personal estate. 3 Russ. R. 376.
It is  usually comprised  under the  words lands,  tenements, and
hereditaments. Real property is corporeal, or incorporeal.

     2.  Corporeal  consists  wholly  of  substantial,  permanent
objects,  which   may  all  be  comprehended  under  the  general
denomination of  land. There  are  some  chattels  which  are  so
annexed to  the inheritance,  that they  are deemed a part of it,
and are called heir looms. (q. v.) Money agreed or directed to be
laid out  in land  is considered  as real estate. Newl. on Contr.
chap. 3;  Fonb. Eq. B. 1, c. 6, §9;  3 Wheat. Rep. 577.

    3.  Incorporeal property,  consists  of  certain  inheritable
rights, which  are not, strictly speaking, of a corporeal nature,
or land, although they are by their own nature or by use, annexed
to corporeal inheritances, and are rights issuing out of them, or
which concern  them. These distinctions agree with the civil law.
Just. Inst.  2, 2;   Poth. Traite de la Communaute, part 1, c. 2,
art. 1.  The incorporeal  hereditaments which subsist by the laws
of the  several states  are fewer  than those  recognized by  the
English law.  In the  United States,  there  are  fortunately  no
advowsons, tithes, nor dignities, as inheritances.

   4. The most common incorporeal hereditaments, are, 1. Commons.
2. Ways.  3. Offices. 4. Franchises. 5. Rents. For authorities of
what is  real or personal property, see 8 Com. Dig. 564;  1 Vern.
Rep. by  Raithby, 4, n.;  2 Kent, Com. 277;  3 Id. 331;  4 Watts'
R. 341;   Bac. Ab. Executors, H 3;  1 Mass. Dig. 394;  5 Mass. R.
419, and  the references under the article Personal property, (q.
v.) and Property. (q. v.)

    5.  The principal  distinctions  between  real  and  personal
property, are  the following:  1. Real property is of a permanent
and immovable  nature, and  the owner  has an  estate therein  at
least for  life. 2.  It descends  from the  ancestor to  the heir
instead of becoming the property of an executor or admin-istrator
on the  death of  the owner, as in case of personalty. 3. In case
of alienation, it must in general be made by deed, 5 B. & C. 221,
and in  presenti by the common law;  whereas leases for years may
commence in  futuro, and  personal chattels may be transferred by
parol or delivery. 4. Real estate when devised, is subject to the
widow's  dower   personal  estate  can  be  given  away  by  will
discharged of any claim of the widow.

    6. These are some interests arising out of, or connected with
real property, which in some respects partake of the qualities of


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personally;   as, for  example, heir  looms, title  deeds, which,
though in  themselves movable,  yet relating to land descend from
ancestor to heir, or from a vendor to a purchaser. 4 Bin . 106.

    7.  It is  a maxim  in equity, that things to be done will be
considered as  done, and  vice versa.  According to this doctrine
money or goods will be considered as real property, and land will
be treated  as personal  property. Money directed by a will to be
laid out in land is, in equity, considered as land, and will pass
by the  words "lands, tenements, and hereditaments whatsoever and
wheresoever." 3 Bro. C. C. 99;  1 Tho. Co. Litt. 219, n. T.

    REALITY  OF LAWS.  Those laws  which govern property, whether
real or  personal, or  things;   the  term  is  used  in  persona
opposition to  personality of  laws. (q.  v.) Story, Confl. of L.
23.

    REALM.  A kingdom;   a  country. 1 Taunt. 270;  4 Campb. 289;
Rose, R. 387.

   REALTY. An abstract of real, as distinguished from personalty.
Realty  relates   to  lands   and  tenements,   rents  or   other
hereditaments. Vide Real Property.

   REASON. By reason is usually understood that power by which we
distinguish truth  from falsehood,  and right from wrong;  and by
which we  are enabled  to combine  means for  the  attainment  of
particular ends.  Encyclopedie, h.  t.;   Shef. on  Lun.  Introd.
xxvi. Ratio in jure aequitas integra.

    2. A man deprived of reason is not criminally responsible for
his acts, nor can he enter into any contract.

    3. Reason is called the soul of the law;  for when the reason
ceases, the law itself ceases. Co. Litt. 97, 183;  1 Bl. Com. 70;
7 Toull. n. 566.

    4.  In Pennsylvania,  the judges are required in giving their
opinions, to  give the  reasons upon  which they  are founded.  A
similar law  exists in  France, which  Toullier says  is  one  of
profound wisdom,  because, he says, les arrets ne sont plus comme
autre fois  des  oracles  muets  qui  commandent  une  obeissance
passive;   leur autorite irrefragable pour ou contre ceux qui les
ont obtenus,  devient soumise a la censure de la raison, quand on
pretend  les   eriger  en   re-gles  a  suivre  en  d'autres  cas
semblables, vol. 6, n. 301;  judgments are not as formerly silent
oracles which  require a  passive obedience;   their irrefragable
authority, for  or against  those  who  have  obtained  them,  is
submitted to  the censure  of reason, when it is pretended to set
them up  as rules  to be observed in other similar cases. But see
what Duncan J. says in 14 S. & R. 240.

    REASONABLE.  Conformable  or  agreeable  to  reason;    just;
rational.

    2.  An award  must be  reasonable, for  if it  be  of  things
nugatory in  themselves, and  offering no  advantage to either of


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the parties,  it cannot  be enforeed. 3 Bouv. Inst. n. 2096. Vide
Award.

    REASONABLE  ACT. This  term signifies  such an act as the law
requires. When  an act  is  unnecessary,  a  party  will  not  be
required to  perform it  as a  reasonable act. 9 Price's Rep. 43;
Yelv. 44;  Platt. on Cov. 342, 157.

    REASONABLE  TIME. The English law, which in this respect, has
been adopted  by us, frequently requires things to be done within
a reasonable  time;   but what  a reasonable  time is it does not
define:     quam  long-um  debet  esse  rationabile  tempus,  non
definitur in  lege, sed pendet ex discretione justiciariorum. Co.
Litt, 50.  This indefinite  requisition is  the  source  of  much
litigation. A  bill of  exchange, for  example, must be presented
within a  reasonable time  Chitty, Bills, 197-202. An abandonment
must be  made within  a reasonable  time after advice received of
the loss. Marsh. Insurance, 589.

    2.  The commercial  code of France fixes a time in both these
cases, which  varies in  proportion to  the distance. See Code de
Com. L.  1, t.  8, s.  1, §10,  art. 160;  Id. L. 5, t. 10, s. 3,
art. 373.  Vide, generally,  6 East,  3;  7 East, 385;  3 B. & P.
599;  Bayley on Bills, 239;  7 Taunt. 159, 397;  15 Pick. R. 92,;
3 Watts. R. 339;  10 Wend. R. 304;  13 Wend. R. 549;  1 Hall's R.
56 6  Wend. R. 369;  Id. 443;  1 Leigh's N. P. 435;  Co. Litt. 56
b.

    REASSURANCE.  When an  insurer is  desirous of  lessening his
liability, he  may procure  some other insurer to insure him from
loss, for the insurance he has made this is called reassurance.

    REBATE,  mer. law.  Discount;   the abatement  of inferest in
consequence of prompt payment. Merch. Dict. h. t.

    REBEL. A citizen or subject who unjustly and unlawfully takes
up arms  against the  constituted authorities  of the  nation, to
deprive them  of the  supreme power,  either by  resisting  their
lawful and  constitutional orders,  in some particular matter, or
to impose  on them  conditions. Vattel,  Droit des  Gens, liv. 3,
§328. In another sense it signifies a refusal to obey a superior,
or the commands of a court. Vide Commission of Rebellion.

    REBELLION, crim. law. The taking up arms traitorously against
the govern-  ment and  in another,  and perhaps  a  more  correct
sense, rebellion signifies the forcible opposition and resistance
to the laws and process lawfully issued.

    2.  If the rebellion amount to treason, it is punished by the
laws of  the United States with death. If it be a mere resistance
of process,  it is  generally punished  by fine and imprisonment.
See Dalloz, Dict. h. t.;  Code Penal, 209.

    REBELLION,  COMMISSION OF.  A commission  of rebellion is the
name of a writ issuing out of chancery to compel the defendant to
appear. Vide Commission of Rebellion.


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    REBOUTER.  To repel  or bar.  The action  of the  heir by the
warranty of his ancestor, is called to rebut or repel. 2 Tho. Co.
Litt. 247, 303.

    TO  REBUT. To  contradict;   to do away as, every homicide is
presumed to  be murder, unless the contrary appears from evidence
which proves  the death;   and  this presumption  it lies  on the
defendant  to  rebut  by  showing  that  it  was  justifiable  or
excusable. Allis. Prin. 48.

   REBUTTER, pleadings. The name of the defendant's answer to the
plaintiff's surrejoinder. It is governed by the same rules as the
rejoinder. (q. v.) 6 Com. Dig. 185.

    REBUTTING  EVIDENCE. That  which is  given by  a party in the
cause to  explain, repel,  counteract or  disprove facts given in
evidence on  the other  side. The term rebutting evidence is more
particularly applied  to that evidence given by the plaintiff, to
explain or repel the evidence given by the defendant.

    2.  It is  a general  rule that  anything  may  be  given  as
rebutting evidence  which is  a direct  reply ta that produced on
the other  side;   2 M'Cord, 161;  and the proof of circumstances
may be  offered to rebut the most positive testi-mony. Pet. C. C.
235. See Circumstances.

    3.  But there  are several  rules which exclude all rebutting
evidence. A  party cannot  impeach the  validity of  a promissory
note which  he has  made or  en-dorsed;   3 John.  Cas. 185;  nor
impeach his  own  witness,  though  he  may  disprove,  by  other
witnesses, matters  to which  he has testified;  3 Litt. 465, nor
can be  rebut or contradict what a witness has sworn to, which is
immaterial to the issue. 16 Pick. 153;  2 Bailey, 118.

    4.  Parties and  privies are  estopped from  contradicting  a
written instrument  by parol  proof, but this rule does not apply
to strangers. 10 John. 229. But the parties may prove that before
breach the  agreement was  abandoned, or annulled by a subsequent
agreement not  in writing.  4 N.  Hamp. Rep.  196. And  when  the
writing was  made by  another, as,  where the  log-book stated  a
desertion, the  party affected by it may prove that the entry was
false or made by mistake. 4 Mason, R. 541.

    TO  RECALL, international  law. To  deprive a minister of his
functions;  to supersede him.

    TO  RECALL A  JUDGMENT. To reverse a judgment on a matter, of
fact;   the judgment  is then said to be recalled or revoked, and
when it  is reversed for an error of law, it is said simply to be
reversed, quod judicium reversetur.

    RECAPTURE,  war. By this term is understood the recovery from
the enemy,  by a  friendly force,  of a prize by him captured. It
differs from rescue. (q. v.)

    2. It seems incumbent on follow citizens, and it is of course
equally the  duty of  allies, to rescue each other from the enemy
when there is a reasonable prospect of success. 3 Rob. Rep. 224.


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   3. The recaptors are not entitled to the property captured, as
if it were a new prize;  the owner is entitled to it by the right
of postliminium.  (q. v.) Dall. Dict. mots Prises maritmies, art.
2, §4.

   RECAPTION, remedies. The act of a person who has been deprived
of the  cus-tody of  another to  which he is legally entitled, by
which he regains the peaceable custody of such person;  or of the
owner of  personal or  real property who has been deprived of his
possession, by which he retakes possession, peaceably. In each of
these cases  the law allows the recaption of the person or of the
property, provided  he can  do so without occasioning a breach of
the peace,  or an  injury to  a third  person who  has not been a
party to  the wrong. 3 Inst. 134;  2 Rolle, Rep. 55, 6;  Id. 208;
2 Rolle,  Abr. 565;   3  Bl. Comm.  5;  3 Bouv. Inst. n. 2440, et
seq.

   2. Recaption may be made of a person, of personal property, of
real property;  each of these will be separately examined.

    3.  - 1.  The right of recaption of a person is confined to a
hushand in  re-taking his  wife;  a parent, his child, of whom he
has the  custody;   a master,  his apprentice  and, according  to
Blackstone, a master, his servant;  but this must be limited to a
servant who  assents to the recaption;  in these cases, the party
injured may peaceably enter the house of the wrongdoer, without a
demand being  first made, the outer door being open, and take and
carry away  the person  wrongfully detained.  He may  also  enter
peaceably into  the house  of a  person harboring,  who  was  not
concerned in  the original  abduction. 8  Bing. R. 186;  S. C. 21
Engl. C. L. Rep. 265.

    4.  - 2. The same principles extend to the right of recaption
of personal  property. In  this sort  of recaption, too much care
cannot be  observed to avoid any personal injury or breach of the
peace.

    5. - 3. In the recaption of real estate the owner may, in the
absence of the occupier, break open the outer door of a house and
take possession;   but if, in regaining his possession, the party
be guilty  of a forcible entry and breach of the peace, he may be
indicted;   but the  wrongdoer or  person who had no right to the
possession, cannot sustain any action for such forcible regaining
possession merely. 1 Chit. Pr. 646.

    RECEIPT, contracts. A receipt is an acknowledgment in writing
that the  party giving  the same  has received  from  the  person
therein named, the money or other thing therein specified.

   2. Although expressed to be in full of all demands, it is only
prima  facie  evidence  of  what  it  purports  to  be  and  upon
satisfactory proof  being made  that it was obtained by fraud, or
given either  under a mistake of facts or an ignorance of law, it
may be  inquired into  and corrected in a court of law as well as
in equity.  1 Pet.  C. C. R. 182;  3 Serg. & Rawle, 355;  S. P. 7


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Serg. &  Rawle, 309;   3  Serg. &  Rawle, 564,  589;   12 Serg. &
Rawle, 131;   1  Sid.   44;   1 Lev.  43;  1 Saund. 285;  2 Lutw.
1173;   Co. Lit.  373;   2 Stark. C. 382;  1 W., C. C. R. 328;  2
Mason's R.  541;   11 Mass.  27;   1 Johns. Cas. 145;  9 John. R.
310;   8 Johns.  R. 389;   5 Johns. R. 68;  4 Har. & McH. 219;  3
Har. &  McH. 433;   2 Johns. R. 378;  2 Johns. R., 319. A receipt
in full, given with a full knowledge of all the circumstances and
in the  absence of  fraud, seems to be conclusive. 1 Esp. C. 172;
Benson v. Bennet, 1 Camp. 394, n.

    3.  A receipt  sometimes contains an acknowledgment of having
received a thing, and also an agreement to do another. It is only
prima facie evidence as far as the receipt goes, but it cannot be
contradicted by  parol evidence  in any  part by  which the party
engages to  perform a  contract. A  bill of  lading, for example,
partakes of  both these  characters;   it may  be contradicted or
explained as  to the  facts stated  in the  recital, as  that the
goods were  in good  order and  well conditioned;   but, in other
respects, it  cannot be  contradicted in  any other manner than a
common written  contract. 7  Mass. R.  297;  1 Bailey, R. 174;  4
Ohio, R.  334;   3 Hawks,  R. 580;   1  Phil. &  Am. on  Ev. 388;
Greenl. Ev.  §305. Vide,  generally, 1 B . & C. 704 S. C. 8 E. C.
L. R.  193;  2 Taunt. R. 141;  2 T. R. 366;  5 B. & A. 607;  7 E.
C. L. R. 206;  3 B. & C. 421;  1 East, R. 460.

   4. If  a man  by his receipt acknowledges that he has received
money from  an agent  on account  of his  principal, and  thereby
accredits the  agent with  the principal  to  that  amount,  such
receipt is,  it seems, conclusive as to the payment by the agent.
For example, the usual acknowledgment in a policy of insurance of
the receipt  of premium  from the  assured, is  conclusive of the
fact as  between the  underwriter and  the assured;   Dalzell  v.
Mair, 1 Camp. 532;  although such receipt would not be so between
the underwriter  and the  broker. And  if an  agent empowered  to
contract for  sale, sell  and convey land, enter into articles of
agreement by  which it is stipulated that the vendee shall clear,
make improvements,  pay the  purchase money by installments, &c.,
and on  the completion  of the  covenants to be performed by him,
receive from  the vendor or his legal representatives, a good and
sufficient warranty  deed in fee for the premises, the receipt of
the agent  for Such  parts of  the purchase-money  as may be paid
before the  execution of the deed, is binding on the principal. 6
Serg. & Rawle, 146. See 11 Johns. R. 70.

   5. A  receipt on the back of a bill of exchange is prima facie
evidence of payment by the acceptor. Peake's C. 25. The giving of
a receipt  does not  exclude parol evidence of payment. 4 Esp. N.
P. C. 214.

    6.  In Pennsylvania  it has  been holden  that a receipt, not
under seal,  to one  of several joint debtors, for his proportion
of the debt, discharges the rest. 1 Rawle, 391. But in New York a
contrary rule  has been  adopted. 7  John. 207.  See Coxe, 81;  1
Root, 72. See Evidence.

    RECEIPTOR.  In Massachusetts this name is given to the person
who, on  a trustee  process  being  issued  and  goods  attached,


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becomes surety to the sheriff to have them forthcoming on demand,
or in  time to  respond the judgment, when the execution shall be
issued. Upon  which the  goods are  bailed to  him. Story, Bailm.
§124, and see Attachment;  Remedies.

      RECEPTUS,  civil  law.  The  name  sometimes  given  to  an
arbitrator, because  he had been received or chosen to settle the
differences between the parties. Dig. 4, 8 Code, 2, 56.

   TO RECEIVE. Voluntarily to take from another what is offered.

   2. A  landlord, for  example, could not be said to receive the
key from his tenant, when the latter left it at his house without
his knowledge,  unless by  his  acts  afterwards,  he  should  be
presumed to have given his consent.

    RECEIVER,  chancery practice.  A person  appointed by a court
possessing chan-  cery jurisdiction  to  receive  the  rents  and
profits of  land, or  the profits or produce of other property in
dispute.

   2. The power of appointing a receiver is a discretionary power
exercised by  the court.  the appointment is provisional, for the
more speedy  getting in of the estate in dispute, and scouring it
for the benefit of such person as may be entitled to it, and does
not affect the right. 3 Atk. 564.

    3. It is not within the compass of this work to state in what
cases a receiver will be appointed;  on this subject, see 2 Madd.
Ch. 233.

    4.  The receiver  is an  officer of  the court,  and as such,
responsible for  good faith  and reasonable  diligence. When  the
property is  lost or  injured  by  any  negligence  or  dishonest
execution of  the trust, he is liable in damages;  but he is not,
as of  course, responsible because there has been an embezzlement
or theft. He is bound to such ordinary diligence, as belongs to a
prudent and  honest discharge  of his  duties,  and  such  as  is
required of  all  persons  who  receive  compensation  for  their
services. Story,  Bailm. §620,  621;   and the cases there cited.
Vide, generally, 2 Mudd. Ch. 232;  Newl. Ch. Pr. 88;  8 Com. Dig.
890;   18 Vin.  Ab. 160;  1 Supp. to Ves. jr. 455;  2 Id. 57, 58,
74, 75, 442, 455;  Bouv. Inst. Index, h. t.

    RECEIVER  OF STOLEN  GOODS, crim. law. By statutory provision
the receiver of stolen goods knowing them to have been stolen may
be punished as the principal in perhaps all the United States.

   2. To make this offence complete, the goods received must have
been stolen, and the receiver must know that fact.

    3.  It is  almost always difficult to prove guilty knowledge;
and that must in general be collected from circumstances. If such
circumstances  are   proved  which   to  a   person   of   common
understanding and prudence and situated as the prisoner was, must
have satisfied him that they were stolen, this is sufficient. For
example, the  receipt of  watches, jewelry,  large quantities  of


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money, bundles  of clothes of various kinds, or personal property
of any  sort, to  a considerable  value,  from  boys  or  persons
destitute of property, and with-out any lawful means of acquiring
them and  specially if  bought at  untimely hours,  the mind  can
arrive at no other conclusion than that they were stolen. This is
further confirmed  if they  have been  bought at  an  undervalue,
concealed, the  marks  defaced,  and  falsehood  resorted  to  in
accounting for  the possession of them. Alison's Cr. Law, 330;  2
Russ. Cr. 253;  2 Chit. Cr. Law , 951;  Roscoe, Cr. Ev. h. t.;  1
Wheel. C. C. 202.

   4. At common law receiving, stolen goods, knowing them to have
been stolen, is a misdemeanor. 2 Russ. Cr. 253.

    RECESSION.  A re-grant:   the act of returning the title of a
country to  a government which formerly held it, by one which has
it at  the time;  as the recession of Louisiana, which took place
by the treaty between France and Spain, of October 1, 1800. See 2
White's Coll. 516.

   RECIDIVE, French law. The state of an individual who commits a
crime or  misdemeanor, after  having once  been condemned  for  a
crime or misdemeanor;  a relapse.

    2.  Many states  provide, that  for  a  second  offence,  the
punishment shall  be increased  in  those  cases  the  indictment
should set forth the crime or mis-dmeanor as a second offence.

    3.  The second  offence must  have been  committed after  tho
conviction for  the first;  a defendant could not be convicted of
a second  offence,  as  such,  until  after  he  had  suffered  a
punishment for the first. Dall. Diet. h. t.

   RECIPROCAL CONTRACT, civil law. One in which the parties enter
into mutual engagements.

    2. They are divided into perfect and imperfect. When they are
perfectly reciprocal,  the obligation  of each  of the parties is
equally  a   principal  part  of  the  contract,  such  as  sale,
partnership, &c.  Contracts imperfectly  reciprocal are  those in
which the  obligation of  one of  the parties only is a principal
obligation of  the contract;  as, mandate, deposit, loan for use,
and the  like. In  all reciprocal  contracts the  consent of  the
parties must  be ex-  pressed. Poth.  Obl. n.  9;   Civil Code of
Louis. art. 1758, 1759.

    RECIPROCITY.  Mutuality;  state, quality or character of that
which is reci- procal.

    2.  The states  of the  Union  are  bound  to  many  acts  of
reciprocity. The constitution requires that they shall deliver to
each other  fugitives from  justice;   that the  records  of  one
state, properly  authenticated, shall  have full  credit  in  the
other states;   that  the citizens of one state shall be citizens
of any  state into  which they may remove. In some of the states,
as in  Pennsylvania, the  rule with  regard to  the effect  of  a
discharge  under   the  insolvent  laws  of  another  state,  are


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reciprocated;   the discharges  of those courts which respect the
discharges of  the courts  of Pennsylvania, are respected in that
state.

    RECITAL,  contracts, pleading.  The repetition of some former
writing, or  the statement  of something  which  has  been  done.
Touchst. 76.

    2.  Recitals are  used to explain those matters of fact which
are necessary  to make  the transaction  intelligible. 2 Bl. Com.
298. It  is said  that when a deed of defeasance recites the deed
which it  is meant  to defeat,  it must  recite it truly. Cruise,
Dig. tit.  32, c  7, s.  28. In  other cases  it need  not be  so
particular. 3  Penna. Rep. 324;  3 Chan. Cas. 101;  Co. Litt. 352
b;  Com. Dig. Fait, E 1.

    3.  A party who executes a deed reciting a particular fact is
estopped from  denying such fact;  as, when it was recited in the
condition of  a bond that the obligor had received divers sums of
money for  the obligee  which he  had not brought to account, and
acknowledged that a balance was due to the obligee, it was holden
that the obligor was estopped to say that he had not received any
money for  the use  of the  obligee. Willes,  9, 25;  Rolle's Ab.
872, 3.

    4.  In pleading,  when public  statutes are  recited, a small
variance will not be fatal, where by the recital the party is not
"tied up  to the  statute;" that  is, if the conclusion be contra
formam statuti praediti. Sav. 42;  1 Chit. Crim. Law, 276 Esp. on
Penal Stat.  106. Private  statutes must  be recited in pleading,
and proved  by an exemplified copy, unless the opposite party, by
his pleading admit them.

    5.  By the  plea of  nul tiel  record, the party relying on a
private statute  is put  to prove  it as  recited, and a variance
will be  fatal. See 4 Co. 76;  March, Rep. 117, pl. 193;  3 Harr.
& McHen. 388. Vide. generally, 12 Vin. Ab. 129;  13 Vin. Ab. 417;
18 Vin. Ab. 162;  8 Com. Dig. 584;  Com. Dig. Testemoigne-Evid. B
5;   4 Binn.  R. 231;  1 Dall. R. 67;  3 Binn. R. 175;  3 Yeates,
R. 287;   4  Yeates, R.  362, 577;   9 Cowen, R. 86;  4 Mason, R.
268;   Yelv. R.  127 a,  note 1;  Cruise, Dig. tit. 32, c. 20, s.
23;   5 Johns.  Ch. Rep. 23;  7 Halst. R. 22;  2 Bailey's R. 101;
6 Harr.  & Johns.  336;   9 Cowen's R. 271;  1 Dana's R. 327;  15
Pick. R.  68;   5 N.  H. Rep. 467;  12 Pick. R, 157;  Toullier in
his Droit  Civil Francais, liv. 3, t. 3, c. 6, n. 157 et seq. has
examined this  subject with his usual ability. 2 Hill. Ab. c. 29,
s. 30;   2 Bail. R. 430;  2 B. & A. 625;  2 Y. & J. 407;  5 Harr.
& John. 164;  Cov. on Conv. Ev. 298, 315;  Hurl. on Bonds, 33;  6
Watts & Serg. 469.

    6.  Formerly, in equity, the decree contained recitals of the
pleadings in  the cause,  which became a great grievance. Some of
the English chancellors endeavored to restrain this prolixity. By
the rules  of practice  for the  courts in  equity of  the United
States it  is provided,  that in  drawing up  decrees and orders,
neither the bill, nor the answer, nor other pleading nor any part
thereof, nor  the report  of any  master,  nor  any  other  prior


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proceedings, shall  be stated  or recited in the decree or order.
Rule 86;  4 Bouv. Inst. n. 4443.

    RECLAIM. To demand again, to insist upon a right;  as, when a
defendant for  a consideration  received from  the plaintiff, has
covenanted to  do an  act, and  fails to do it, the plaintiff may
bring covenant  for the  breach,  or  assumpsit  to  reclaim  the
consideration. 1 Caines, 47.

   RECOGNITION, contracts. An acknowledgment that something which
has been  done by  one man  in the  name of  another, was done by
authority of the latter.

    2. A recognition by the principal of the agency of another in
the particular  instance, or in similar instances, is evidence of
the authority of the agent, so that the recognition may be either
express or  implied. As an instance of an implied recognition may
be mentioned  the case of one who subscribes policies in the name
of another  and, upon  a loss  happening,  the  latter  pays  the
amount. 1 Camp. R. 43, n. a;  1 Esp. Cas. 61;  4 Camp. R. 88.

   RECOGNITORS, Eng. law. The name by which the jurors impanneled
on an assize are known. Barnet v. Ihrie, 17 S. & R. 174.

    RECOGNIZANCE, contracts. An obligation of record entered into
before a  court or officer duly authorized for that purpose, with
a condition  to do  some act  required by  law, which  is therein
specified. 2  Bl. Com.  341;  Bro. Ab. h. t.;  Dick. Just. h. t.;
1 Chit. Cr. Law, 90.

    2.  Recognizances relate either to criminal or civil matters.
1. Recognizances  in criminal  cases, are  either that  the party
shall appear before the proper court to answer to such charges as
are or shall be made against him, that he shall keep the peace or
be of  good behaviour. Witnesses are also required to be bound in
a recognizance to testify.

    3.  - 2.  In civil  cases, recognizances  are entered into by
bail, conditioned that they will pay the debt, interest and costs
recovered by the plaintiff under certain contingencies. There are
also  cases  where  recognizances  are  entered  into  under  the
authority and requirements of statutes.

    4.  As to  the form.  The party need not sign it;  the court,
judge or  magis-trate having  authority to take the same, makes a
short memorandum  on the  record, which is sufficient. 2 Binn. R.
481;   1 Chit.  Cr. Law, 90;  2 Wash. C. C. R. 422;  9 Mass. 520;
1 Dana,  523;   1 Tyler, 291;  4 Verm. 488;  1 Stew. & Port. 465;
7 Vern.  529;   2 A.  R. Marsh.  131;   5 S.  &  R.  147;    Vide
generally, Com.  Dig. Forcible  Entry, D  27;  Id. Obligation, K;
Whart. Dig. h. t. Vin. Ab. h. t.;  Rolle's Ab. h. t.;  2 Wash. C.
C. Rep.  422;  Id. 29;  2 Yeates, R. 437;  1 Binn. R. 98 , note 1
Serg. &  Rawle, 328  3 Yeates, R. 93;  Burn. Just. h. t. Vin. Ab.
h. t.;  2 Sell. Pract. 45.

   RECOGNIZEE. He for whose use a recognizance has been taken.


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    RECOGNISOR, contracts. He who enters into a recognizance.

    RECOLEMENT,  French law.  The reading  and reexamination by a
witness of  a de-position,  and his  persistance in the saine, or
his making such alteration, as his better recollection may enable
him to  do,  after  having  read  his  deposition.  Without  such
reexamination the  deposition is  void. Poth.  Proced. Cr.  s. 4,
art. 4.

    RECOMMENDATION.  The giving to a person a favorable character
of another.

    2.  When the  party giving  the character  has acted  in good
faith, he is not responsible for the injury which a third person,
to whom  such recommendation  was given,  may have,  sustained in
consequence of it, although he was mistaken.

    3.  But when  the recommendation  is knowingly untrue, and an
injury  is   sus-tained,  the   party  recommending   is  civilly
responsible for  damages;   3 T.  R. 51;  7 Cranch, 69;  14 Wend.
126;   7 Wend.  1;  6 Penn. St. R. 310 whether it was done merely
for the  purpose of  benefitting the  party recommended,  or  the
party who gives the recommendation.

    4.  And in  case the party recomended was a debtor to the one
recommending, and  it was  agreed prior  to the transaction, that
the former  should, out  of the  property to  be obtained  by the
recommendation, be  paid;   or in  case of  any other  species of
collusion, to  cheat the person to whom the credit is given, they
may both  be  criminally  prosecuted  for  the  conspiracy.  Vide
Character, and  Fell on  Guar. ch.  8;  6 Johns. R. 181;  1 Davis
Ca. Er. 22;  13 Johns. R. 224;  5 N. S. 443.

    RECOMPENSATION, Scolch law. When a party sues for a debt, and
the defendant  pleads compensation, or set-off, the plaintiff may
allege  a  compensation  on  his  part,  and  this  is  called  a
recompensation. Bell's Dict. h. t.

    RECOMPENSE. A reward for services;  remuneration for goods or
other property.

    2.  In maritime law there is a distinction between recompense
and restitution.  (q. v.)  When goods have been lost by jettison,
if at  any subsequent  period of  the voyage the remainder of the
cargo be  lost, the  owner of  the goods  lost by jettison cannot
claim restitution from the owners of the other goods;  but in the
case of  expenses incurred with a view to the general benefit, it
is clear that they ought to be made good to the party, whether he
be an  agent employed by the master in a foreign port or the ship
owner himself.

    RECOMPENSE  OP RECOVERY  IN VALUE. This phrase, is applied to
the matter  reco- vered  in a  common recovery, after the vouchee
has disappeared, and judgment is given for the demandant. 2 Bouv.
Inst. n. 2093.

    RECONCILIATION,  contracts. The  act of  bringing persons  to
agree together, who before, had had some difference.


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   2. A renewal of cohabitation between hushand and wife is proof
of reconcil-iation,  and such  reconciliation destroys the effect
of a deed of separation. 4 Eccl. R. 238.

    RECONDUCTION,  civ.  law.  A  renewing  of  a  former  lease;
relocation. (q.  v.)  Dig.  19,  2,  13,  11;    Code  Nap.  art.
1737-1740.

    RECONVENTION,  civ. law.  An action brought by a party who is
defendant  against   the  plaintiff   before  the   same   judge.
Reconventio est  petitio qua reus vicissim, quid ab actore petit,
ex eadem, vel diversa causa. Voet, in tit. de Judiciis, n. 78;  4
N. S.  439. To  entitle the  defendant to  institute a  demand in
reconvention, it  is requisite that such demand, though different
from the  main action, be nevertheless necessarily connected with
it and  incidental to the same. Code of Pr. Lo. art. 375;  11 Lo.
R. 309;  7 N. S. 282;  8 N. S. 516.

    2.  The reconvention  of the  civil  law  was  a  species  of
cross-bill.  Story,  Eq.  Pl.  §402.  See  Conventio;    Bill  in
chancery. Vide Demand in reconvention.

    RECORD, evidence. A written memorial made by a public officer
authorized by law to perform that function, and intended to serve
as evidence  of something  written, said, or done. 6 Call, 78;  1
Dana, 595.

    2.  Records may  be divided  into those  which relate  to the
proceedings of  congress and  the state legislatures - the courts
of common law - the courts of chancery - and those which are made
so by statutory provisions.

    3.  - 1.  Legislative acts.  The acts  of congress and of the
several legislatures are the highest kind of records. The printed
journals of  congress have been so considered. 1 Whart. Dig. tit.
Evidence, pl. 112 and see Dougl. 593;  Cowp. 17.

    4.  - 2.  The proceedings  of the  courts of  common law  are
records. But  every minute made by a clerk of a court for his own
future guidance in making up his record, is not a record. 4 Wash.
C. C. Rep. 698.

    5. - 3. Proceedings in courts of chancery are said not to be,
strictly speaking,  records;  but they are so considered. Gresley
on Ev. 101.

    6.  - 4. The legislatures of the several states have made the
enrollment of  certain deeds  and other  documents  necessary  in
order to  perpetuate the  memory of  the facts  they contain, and
declared that  the copies  thus made  should have  the effect  of
records.

    7. By the constitution of the United States, art. 4. s. 1, it
is declared  that "full  faith and  credit shll be given, in each
state, to  the public  acts, records  and judicial proceedings of


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every other  state;   and the  congress  may,  by  general  laws,
prescribe the  manner in which such acts, records and proceedings
shall be  proved, and  the effect  thereof." In pursuance of this
power, congress  have passed several acts directing the manner of
authenticating public  records, which  will be  found  under  the
article Authentication.

   8. Numerous decisions have been made under these acts, some of
which are  here referred  to. 7  Cranch, 471;   3  Wheat. 234;  4
Cowen, 292;   1 N. H. Rep. 242;  1 Ohio Reports, 264;  2 Verm. R.
263;   5 John.  R. 37;   4 Conn. R. 380;  9 Mass 462;  10 Serg. &
Rawle, 240;   1 Hall's N. York Rep. 155;  4 Dall. 412;  5 Serg. &
Rawle, 523;   1 Pet. S. C. Rep. 352. Vide, generally, 18 Vin. Ab.
17;  1  Phil. Ev. 288;  Bac. Ab. Amendment, &c., H;  1 Kent, Com.
260;  Archb. Civ. Pl. 395;  Gresley on Ev. 99;  Stark. Ev. Index,
h. t.;  Dane's Ab. Index, h. t.;  Co. Litt. 260;  10 Pick. R. 72;
Bouv. Inst. Index, h. t.

    TO RECORD, the act of making a record. 2. Sometimes questions
arise as  to when  the act  of recording  is complete,  as in the
following case. A deed of real estate was acknowledged before the
register of  deeds and  handed to  him to be recorded, and at the
same instant  a creditor of the grantor attached the real estate;
in this  case it  was held  the act  of recording  was incomplete
without a  certificate of  the acknowledgment,  and wanting that,
the attaching creditor had the preference. 10 Pick. Rep. 72.

   3. The fact of an instrument being recorded is held to operate
as a  constructive notice  upon all  subsequent purchasers of any
estate, legal  or equitable, in the same property. 1 John. Ch. R.
394.

    4.  But all  conveyances and  deeds which  may  be  de  facto
recorded, are not to be considered as giving notice;  in order to
have this  effect the  instruments must be such as are authorized
to  be  recorded,  and  the  registry  must  have  been  made  in
compliance with  the law, otherwise the registry is to be treated
as a  mere nullity, and it will not affect a subsequent purchaser
or encumbrancer  unless he has such actual notice as would amount
to a  fraud. 2  Sell. & Lef. 68;  1 Sch. & Lef. 157;  4 Wheat. R.
466;   1 Binn.  R. 40;   1  John. Ch.  R. 300;  1 Story, Eq. Jur.
§403, 404;  5 Greenl. 272.

    RECORD  OF NISI  PRIUS, Eng. law. A transcript from the issue
roll;   it contains a copy of the pleadings and issue. Steph. Pl.
105.

   RECORDARI FACIAS LOQUELAM, English practice. A writ commanding
the sheriff,  that he cause the plaint to be recorded which is in
his county, without writ, between the parties there named, of the
cattle, goods, and chattels of the complainant taken and unjustly
distrained as it is said, and that he have the said record before
the court on a day therein named, and that he prefix the same day
to the  parties, that  then they may be there ready to proceed in
the same plaint, 2 Sell. Pr. 166. See Refalo.

   RECORDATUR. An order or allowance that the verdict returned on
the nisi prius roll, be recorded. Bac. Ab. Arbitr. &c., D.


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    RECORDER.  1. A  judicial officer  of some cities, possessing
generally the  powers and authority of a judge. 3 Yeates' R. 300;
4 Dall.  Rep. 299;   but  see 1  Rep. Const.  Ct. 45.  Anciently,
recorder signified  to recite  or  testify  on  re-collection  as
occasion might  require what  had previously passed in court, and
this was the duty of the judges, thence called recordeurs. Steph.
Plead. note  11. 2.  An  officer  appointed  to  make  record  or
onrolment of deeds and other legal instruments, authorized by law
to be recorded.

    TO RECOUPE. This word is derived from the French recouper, to
cut again.  In law it signifies the right and the act of making a
set-off, defalcation, or discount, by the defendant, to the claim
of the plaintiff. 21 Wend. It. 342. In another sense it signifies
to recompense. 19 Ves. 123.

    RECOVERER. The demandant in a common recovery, after judgment
has been given in his favor, assumes the name of recoverer.

    RECOVERY.  A recovery,  in its  most extensive  sense, is the
restoration of  a former right, by the solemn judgment of a Court
of justice. 3 Murph. 169.

    2.  A recovery  is either true or actual, or it is feigned or
common. A  true recovery,  usually known  by the name of recovery
simply, is  the procuring  a former  right by  the judgment  of a
court of  competent jurisdiction;  as, for example, when judgment
is given  in favor  of the  plaintiff when  he seeks to recover a
thing or a right.

    3.  A common  recovery is a judgment obtained in a fictitious
suit, brought  against the tenant of the freehold, in consequence
of a  default made  by the person who is last vouched to warranty
in such suit. Bac. Tracts, 148.

     4.  Common  recoveries  are  considered  as  mere  forms  of
conveyance or common assurances;  although a common recovery is a
fictitious suit, yet the same mode of proceeding must be pursued,
and all  the forms strictly adhered to, which are necessary to be
observed  in   an  adversary  suit.  The  first  thing  therefore
necessary to  be done in suffering a common recovery is, that the
person who  is to  be the demandant, and to whom the lands are to
be adjudged,  would sue out a writ or praecipe against the tenant
of the freehold;  whence such tenant is usually called the tenant
to the  praecipe. In obedience to this writ the tenant appears in
court either  in person  or by  his attorney;   but,  instead  of
defending the  title to  the land himself, he calls on some other
person, who  upon the  original  purchase  is  supposed  to  have
warranted the  title, and  prays that the person may be called in
to defend  the title which he warranted, or otherwise to give the
tenant lands  of equal value to those he shall lose by the defect
of his  warranty. This  is called the voucher vocatia, or calling
to warranty.  The person  thus called  to warrant, who is usually
called the  vouchee, appears  in court,  is impleaded, and enters
into the  warranty by  which means  he  takes  upon  himself  the


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defence of  the land. The defendant desires leave of the court to
imparl, or  confer with  the vouchee in private, which is granted
of course.  Soon after the demand and returns into court, but the
vouchee disappears  or makes  default, in consequence of which it
is presumed  by the  court, that  he has  no title  to the  lands
demanded  in   the  writ,   and  therefore  cannot  defend  them;
whereupon judgment  is given  for the  demandant, now  called the
recoverer, to  recover the  lands in question against the tenant,
and for the tenant to recover against the vouchee, lands of equal
value in  recom-pense for those so warranted by him, and now lost
by his  default. This  is called  the recompense  of recovery  in
value;   but as  it is,  customary for  the crier of the court to
act, who  is hence called the common vouchee, the tenant can only
have a  nominal, and  not a  real recompense,  for the  land thus
recovered against  him by  the demandant. A writ of habere facias
is then  sued out, directed to the sheriff of the county in which
the lands thus recovered are situated;  and, on the execution and
return of  the writ, the recovery is completed. The recovery here
described is  with single  voucher;   but a  recovery may, and is
frequently suffered  with double,  treble, or further voucher, as
the exigency  of the  case may  require, in  which case there are
several judgments against the several vouchees.

    5.  Common recoveries  were invented  by the ecclesiastics in
order to  evade the  statute  of  mortmain  by  which  they  were
prohibited from  purchasing or re-ceiving under the pretence of a
free gift, any land or tenements whatever. They have been used in
some states  for the  purpose of  breaking the entail of estates.
Vide, generally,  Cruise, Digest, tit. 36;  2 Saund. 42, n. 7;  4
Kent, Com. 487;  Pigot on Common Recoveries, passim.

   6. All the learning in relation to common recoveries is nearly
obsolete, as  they are  out of  use. Rey, a French writer, in his
work, Des Institutions Judicaire del'Angleterre, tom. ii. p. 221,
points out  what  appears  to  him  the  absurdity  of  a  common
recovery. As to common recoveries, see 9 S. & R . 330;  3 S. & R.
435;   1 Yeates,  244;   4 Yeates,  413;   1 Whart.  139, 151;  2
Rawle, 168;   2  Halst. 47;   5 Mass. 438;  6 Mass. 328;  8 Mass.
34;  3 Harr. & John. 292;  6 P. S. R. 45,

   RECREANT. A Coward;  a poltroon. 3 Bl. Com. 340.

    RECRIMINATION,  crim. law.  An accusation  made by  a  person
accused against  his accuser, either of having committed the same
offence, or another.

    2.  In general  recrimination  does  not  excuse  the  person
accused, nor  diminish  his  punishment,  because  the  guilt  of
another can  never excuse him. But in applications for divorce on
the ground  of adultery,  if the  party defendant, can prove that
the plaintiff or complainant has been guilty of the same offence,
the divorce  will not  be granted.  1 Hagg. C. Rep. 144;  S. C. 4
Eccl. Rep.  360. The  laws of Pennsylvania contain a provision to
the same effect. Vide 1 Hagg. Eccl. R. 790;  3 Hagg. Eccl. R. 77;
1 Hagg. Cons. R . 147;  2 Hagg. Cons. R. 297;  Shelf. on Mar. and
Div. 440;  Dig. 24, 3, 39;  Dig. 48, 5, 13, 5;  1 Addams, R. 411;
Compensation;  Condonation;  Divorce,


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    RECRUIT. A newly made soldier.

    RECTO. Right. (q.v.) Brevederecto, writ of right. (q. v.)

    RECTOR,  Eccl. law.  One who rules or governs a name given to
certain officers of the Roman church. Dict. Canonique, h. v.

    RECTORY,  Engl. law. Corporeal real property, consisting of a
church, glebe lands and tithes. 1 Chit. Pr. 163.

    RECTUS  IN CURIA.  Right in court. One who stands at the bar,
and no  one objects  any offence,  or prefers  any charge against
him.

    2.  When a person outlawed has reversed his outlawry, so that
he can  have the  benefit of  the law, he is said to be rectus in
curia. Jacob, L. D. h. t.

   RECUPERATORES, Roman civil law. A species of judges originally
established,   it is  supposed, to  decide controversies  between
Roman  citizens  and  strangers,  concerning  the  right  to  the
possession of  property requiring  speedy remedy;   but gradually
extended to  questions which  might be  brought  before  ordinary
judges. After  this enlargement  of their  powers, the difference
between them and judges, it is supposed, was simply this:  If the
praetor named three judges he called them recuperatores;  if one,
he called  him judex.  But opinions  on  this  subject  are  very
various.  (Colman  De  Romano  judicio  recuperatorio,)  Cicero's
oration pro Coecin, 1, 3, was addressed to Recuperators.

    RECUSANTS, or POPISH RECUSANTS, Engl. law. Persons who refuse
to make  the declarations  against popery,  and such  as promote,
encourage, or profess the popish religion.

    2.  These are  by law  liable to  restraints, forfeitures and
inconveniences, which  are imposed  upon them  by various acts of
parliament. Happily  in this  country no  religious sect  has the
ascendency, and  all persons  are free  to profess  what religion
they conscientiously believe to be the right one.

    RECUSATION,  civ. law.  A plea  or  exception  by  which  the
defendant requires  that the  judge having  jurisdiction  of  the
cause, should  abstain from deciding upon the ground of interest,
or for a legal objection to his prejudice.

    2.  A recusation  is not  a plea  to the  jurisdiction of the
court, but  simply to  the person  of the judge. It may, however,
extend to  all the  judges, as  when the party has a suit against
the whole  court. Poth.  Proced. Civ. 1ere part., ch. 2, s. 5. It
is a personal challenge of the judge for cause.

   3. It is a maxim of every good system of law, that a man shall
not be  judge in  his own  cause. 2  L. R. 390;  6 L. R. 134 Ayl.
Parerg. 451;   Dict.  de Jur.  h. t.;  Merl. Repert. h. t.;  vide
Jacob's Intr.  to the  Com. Civ. and Can. L. 11;  8 Co. 118 Dyer,
65. Dall. Diet. h. t.


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    4.  By recusation is also understood the challenge of jurors.
Code of  Practice of  Louis. art. 499, 500. Recusation is also an
act, of what nature soever it may be, by which a strange heir, by
deeds or  words, declares  he will  not be  heir. Dig. 29, 2, 95.
See, generally,  1 Hopk.  Ch. R.  1;   5 Mart.  Lo. R.  292;  and
Challenge.

   REDDENDO SINGULA SINGULIS, construction. By rendering each his
own;   for example,  when two  descriptions of property are given
together in  one mass,  both the  next of kin and the heir cannot
take, unless  in cases  where a construction can be made reddendo
singula singulis,  that the  next of  kin shall take the personal
estate aud  the heir at law the real estate. 14 Ves. 490. Vide 11
East,, 513, n.;  Bac. Ab. Conditions, L.

    REDDENDUM,  contracts. A word used substantively, and is that
clause in  a deed  by which the grantor reserves something new to
himself out  of that  which he  granted before,  and thus usually
follows the  tenendum, and  is generally in these words "yielding
and paying."

    2.  In every good reddendum or reservation, these things must
concur;   namely,  1. It must be apt words. 2, It must be of some
other thing issuing or coming out of the thing granted, and not a
part of the thing itself, nor of something issuing out of another
thing. 3.  It must  be of  such thing  on which  the grantor  may
resort to  distrain 4. It must be made to one of the grantors and
not to a stranger to the deed. Vid 2 Bl. Com. 299;  Co. Litt. 47;
Touchs 80;   Cruise, Dig. tit. 32, c. 24, s. 1;  Dane' Ab. Index,
h. t.

    REDEMPTION,  contracts. The  act of taking back by the seller
from the buyer a thing which had been sold subject to th right of
repurchase.

    2.  The right of redemption then is an agreement by which the
seller reserves  to himself  the power  of taking  back the thing
sold by  returning the  price paid  for it. As to the fund out of
which a  mortgaged estate  is to  be redeemed,  see Payment. Vide
Equity of redemption.

       REDEMPTIONES.   Heavy  fines,   contradistinguished   from
misericordia. (q. v.)

    REDHIBITION,  civil law, and in Louisiana. The avoidance of a
sale on  account of  some vice or defect in the thing sold, which
renders it  absolutely useless,  or its  use so  inconvenient and
imperfect, that it must be supposed that the buyer would not have
purchased it,  had he  known of  the vice. Civ. Code of Lo. 2496.
Redhibition is  also the name of an action which the purchaser of
a defective  movable thing  may bring  to cause  the sale  to  be
annulled, and  to recover the price he has paid for it. Vide Dig.
21, 1.


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    2.  The rule  of caveat  emptor, (q.  v.) in  the common law,
places a  purchaser in  a different  position from  his situation
under the  like circumstances  under the civil law;  unless there
is an  express warranty,  he can  seldom annul  a sale or recover
damages on  account of a defect in the thing sold. Chitty, Contr.
133, et  seq.;  Sugd. Vend. 222 2 Kent, Com. 374;  Co. Litt. 102,
a;   2 B1.  Com. 452;   Bac.  Ab. Action  on the case, E;  2 Com.
Cont. 263.

    REDIDIT  SE, Eng.  practice. He  surrendered himself. This is
endorsed on  the bail  piece when  a certificate has been made by
the proper officer that the defendant is in custody. Pr. Reg. 64;
Com. Dig. Bail Q 4.

   REDITUS ALBI. A rent payable in money;  sometimes called white
rent or, blanche farm. Vide Alba firma.

    REDITUS  NIGRI. A  rent payable in grain, work, and the like;
It was  also called  black mail.  This name  was given  to it  to
distinguish it  from reditus  albi, which  was payable  in money.
Vide Alba firma.

    RE-DRAFT,  comm. law.  A bill  of exchange drawn at the place
where another  bill was made payable, and where it was protested,
upon the  place where  the first bill was drawn, or when there is
no regular  commercial intercourse  rendering  that  practicable,
then in the next best or most direct practicable course. 1 Bell's
Com. 406, 5th ed. Vide Reexchange.

    REDRESS.  The act  of receiving  satisfaction for  an  injury
sustained. For  the mode  of obtaining  redress, vide  Remedies 1
Chit. Pr. Annal. Table.

    REDUBBERS,  crim law. Those who bought stolen cloth, and dyed
it of  another  color  to  prevent  its  being  identified,  were
anciently so called. 3 Inst. 134.

   REDUNDANCY. Matter introduced in an answer, or pleading, which
is foreign to the bill or articles.

    2.  In the  case of Dysart v. Dysart, 3 Curt. Ecc. R. 543, in
giving the  judgment of  the court,  Dr. Lushigton says:  "It may
not, perhaps,  be  easy  to  define  the  meaning  of  this  term
[redundant] in  a short  sentence, but the true meaning I take to
be this:   the  respondent is  not to  insert in  his answer  any
matter foreign  to the  articles he  is called  upon  to  answer,
although such matter may be admissible in a plea;  but he may, in
his answer,  plead matter  by way of explanation pertinent to the
articles, even  if  such  matter  shall  be  solely  in  his  own
knowledge and to such extent incapable of proof;  or he may state
matter which  can be  substantiated by  witnesses;   but in  this
latter instance, if such matter be introduced into the answer and
not afterwards  put in the plea or proved, the court will give no
weight or credence to such part of the answer."

   3. A material distinction is to be observed between redundancy
in the  alle- gation  and redundancy  in the proof. In the former
case, a  variance between  the allegation  and the  proof will be
fatal if  the redundant allegations are descriptive of that which
is essential.  But in the latter case, redundancy cannot vitiate,
because more  is  proved  than  is  alleged,  unless  the  matter
superfluously proved  goes to  contradict some  essential part of
the allegation. 1 Greenl. Ev. §67;  1 Stark. Ev. 401.


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   RE-ENTRY, estates. The resuming or retaking possession of land
which the-party lately had.

    2.  Ground rent  deeds and leases frequently contain a clause
authorizing the  landlord to  reenter on the non-payment of rent,
or the  breach of  some cove-nant,  when the estate is forfeited.
Story, Eq.  Jur. §1315;   1  Fonb. Eq.  B. 1,  c. 6,  §4, note h.
Forfeitures for  the non-payment  of rent  being the most common,
will here  alone be  considered. When such a forfeiture has taken
place, the  lessor or  his assigns  have  a  right  to  repossess
themselves of the demised premises.

    3.  Great niceties  must be  observed in making such reentry.
Unless they  have been  dispensed with  by the  agreement of  the
parties, several things are required by law to be previously done
by the landlord or reversioner to entitle him to reenter. 3 Call,
424;   8 Watts,  51;   9 Watts, 258;  18 John. 450;  4 N. H. Rep.
254;   13 Wend.  524;  6 Halst. 270;  2 N. H. Rep. 164;  1 Saund.
287, n. 16.

    4. - 1. There must be a demand of rent. Com. Dig. Rent, D 3 a
18 Vin. Ab. 482;  Bac. Ab. Rent, H.

    5.  - 2.  The demand must be of the precise rent due, for the
demand of  a penny  more or  less will avoid the entry. Com. Dig.
Rent, D  5. If  a part of the rent be paid, a reentry may be made
for the  part unpaid.  Bac. Ab.  Conditions, O 4;  Co. Litt. 203;
Cro. Jac. 511.

    6. - 3. It must be made precisely on the day when the rent is
due and  payable by  the lease,  to save  the forfeiture. 7 T. R.
117. As where the lease contains a proviso that if the rent shall
be behind  and unpaid,  for the  space of  thirty, or  any  other
number of  days, it  must be  made on  the thirtieth or last day.
Com. Dig. Rent, D 7;  Bac. Abr. Rent, I.

    7. - 4. It must be made a convenient time before sunset, that
the money  may be  counted and  a receipt  given, while  there is
light enough  reasonably to  do so therefore proof of a demand in
the afternoon  of the  last day,  without showing in what part of
the afternoon it was made, and that it was towards sunset or late
in the  afternoon, is  not sufficient.  Jackson v.  Harrison,  17
Johns. 66;  Com. Dig. Rent, D 7;  Bac. Abr. Rent, I.

    8.  - 5.  It must  be made  upon the  land, and  at the  most
notorious place of it. 6 Bac. Abr. 31;  2 Roll. Abr. 428;  see 16
Johns. 222.  Therefore, if  there be  a dwelling-house  upon  the
laud, the demand must be made at the front door, though it is not
necessary to  enter the  house, notwithstanding the door be open;
if woodland  be the  subject of  the lease,  a demand ought to be
made at  the gate,  or some  highway leading through the woods as
the most notorious. Co. Litt. 202;  Com. Dig. Rent, D. 6.


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   9. - 6. Unless a place is appointed where the rent is payable,
in which  case a  demand must  be made  at such place;  Com. Dig.
Rent, D.  6;   for the presumption is the tenant was there to pay
it. Bac. Abr. Rent, I.

    10.  - 7. A demand of the rent must be made in fact, although
there should  be no  person on the land ready to pay it. Bac. Ab.
Rent, I.

    11. - 8. If after these requisites have been performed by the
lessor or  reversioner, the tenant neglects or refuses to pay the
rent, and  no sufficient  distress can  be found on the premises,
then the  lessor or  reversioner is  to reenter. 6 Serg. & Rawle,
151;  8 Watts, R. 51;  1 Saund. 287, n. 16. He should then openly
declare before  the  witnesses  he  may  have  provided  for  the
purpose, that  for the want of a sufficient distress, and because
of the  non-payment of  the rent demanded, mentioning the amount,
he reenters and re-possesses himself of the premises.

    12. A tender of the rent by the tenant to the lessor, made on
the last  day, either  on or  off the  premises,  will  save  the
forfeiture.

    13.  It follows  as a  necessary inference from what has been
premised, that  a demand  made before or after the last day which
the lessee  has  to  pay  the  rent,  in  order  to  prevent  the
forfeiture, or off the land, will not be sufficient to defeat the
estate. 7 T. R. 11 7.

   14. The forfeiture may be waived by the lessor, in the case of
a lease  for years, by his acceptance of rent, accruing since the
forfeiture, provided he knew of the cause. 3 Rep. 64.

    15.  A reentry cannot be made for nonpayment of rent if there
is any  distrainable property on the premises, which may be taken
in satisfaction  of the rent, and every part of the premises must
be searched. 2 Phil. Ev. 180.

    16.  The entry  may be  made by  the  lessor  or  reversioner
himself, or  by attorney;   Cro.  Eliz. 601;   7  T. R. 117;  the
entry of  one joint  tenant or  tenant in  common, enures  to the
benefit of the whole. Hob 120.

    17. After the entry has been made, evidence of it ought to be
perpetuated.

    18. Courts of chancery will generally make the lessor account
to the  lessee for  the profits of the estate, during the time of
his being  in possession;   and  will compel  him, after  he  has
satisfied the  rent in arrear, and the costs attending his entry,
and detention  of the  lands, to  give up  the possession  to the
lessee, and  to pay  him the surplus profits of the estate. 1 Co.
Litt. 203  a, n.  3;  1 Lev. 170;  T.. Raym. 135, 158;  3 Cruise,
299, 300.  See also  6 Binn. 420;  18 Ves. 60;  Bac. Ab. Rent, K;
3 Call,  491;   18 Ves.  58 2  Story, Eq. Jur. §1315;  4 Bing. R.
178;  33 En . C. L. It. 312 , 1 How. S. C. R. 211


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    REEVE.  The name  of an  ancient English  officer of justice,
inferior in rank to an alderman.

   2. He was a ministerial officer, appointed to execute process,
keep the  king's  peace,  and  put  the  laws  in  execution.  He
witnessed all  contracts and  bargains;    brought  offenders  to
justice, and delivered them to punishment;  took bail for such as
were to  appear at the county court, and presided at the court or
folcmote. He was also called gerefa.

    3.  There were  several kinds  of reeves as the shire-gerefa,
shire-reeve  or   sheriff;    the  heh-gerefa,  or  high-sheriff,
tithing-reeve, burgh or borough-reeve.

    RE-EXAMINATION.  A second  examination of  a thing. A witness
maybe reexamined,  in a  trial at  law, in  the discretion of the
court, and  this is  seldom refused.  In equity,  it is a general
rule that  there can  be no  reexamination of a witness, after he
has once  signed his  name to the deposition, and turned his back
upon the commissioner or examiner;  the reason of this is that he
may be  tam-pered with  or induced  to retract or qualify what he
has sworn to. 1 Meriv. 130.

    RE-EXCHANGE,  contracts, commerce.  The expense incurred by a
bill's being  dishonored in  a foreign  country where  it is made
payable, and  returned to  that country  in which  it was made or
indorsed, and  there taken  up;   the amount of this depends upon
the course  of exchange  between the two countries, through which
the bill  has been  negotiated. In other words, reexchange is the
difference between the draft and redraft.

    2.  The drawer  of a  bill is  liable for the whole amount of
reexchange occasioned  by the  circuitous mode  of returning  the
bill  through   the  various  countries  in  which  it  has  been
negotiated, as  much as  for that  occasioned by a direct return.
Maxw. L. D. ii. t.;  5 Com. Dig. 150.

   3. In some states, legislative enactments have been made which
regulate damages  on reexchange.  These damages  are different in
the several  states, and  this want of uniformity, if it does not
create injustice,  must be admitted to be a serious evil. 2 Amer.
Jur. 79.  See Chit.  on Bills. (ed. of 1836,) 666. See Damages on
Bills of Exchange.

   REFALO. A word composed of the three initial syllables re. fa.
lo., for  recordari facias  loquelam. (q.  v.) 2 Sell. Pr 160;  8
Dowl. R. 514.

     REFECTION,  civil  law.  Reparation,  reestablishment  of  a
building. Dig. 19, 1, 6, 1.

    REFEREE.  A person  to whom  has been  referred a  matter  in
dispute, in  order that  he may settle it. His judgment is called
an award. Vide Arbitrator;  Reference.

    REFERENCE,  contracts. An  agreement  to  submit  to  certain


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arbitrators, mat-  ters in  dispute between  two or more parties,
for their  decision, and  judgment.  The  persons  to  whom  such
matters are referred are sometimes called referees.

    REFERENCE,  mercantile law. A direction or request by a party
who asks a cre-dit to the person from whom he expects it, to call
on some other person named in order to ascertain the character or
mercantile standing of the former.

    REFERENCE, practice. The act of sending any matter by a court
of chancery  or one  exercising equitable  powers, to a master or
other officer, in order that he may ascertain facts and report to
the court.  By reference  is also  understood  that  part  of  an
instrument of  writing where it points to another for the matters
therein contained.  For the effect of such reference, see 1 Pick.
R. 27;   17  Mass. R.  443;  15 Pick. R. 66;  7 Halst. R. 25;  14
Wend. R. 619;  10 Conn. R. 422;  4 Greenl. R. 14, 471;  3 Greenl.
R. 393;   6 Pick. R. 460;  the thing referred to is also called a
reference.

    REFERENDUM,  international law.  When an  amhassador receives
propositions touching  an object  over which he has no sufficient
power and he is without instruction, he accepts it ad referendum,
that is,  under the  condition that it shall be acted upon by his
government, to  which it  is referred. The note addressed in that
case  to   his  government   to  submit   the  question   to  its
consideration is called a referendum.

    REFORM.  To reorganize;   to rearrange as, the jury "shall be
reformed  by  putting  to  and  taking  out  of  the  persons  so
impanneled." Stat. 3 H. VIII. c. 12;  Bac. Ab. Juries, A.

   2. To reform an instrument in equity, is to make a decree that
a deed  or other  agreement shall  be made or construed as it was
originally intended  by the  parties, when an error or mistake as
to a  fact has  been committed.  A contract  has  been  reformed,
although the  party applying  to  the  court  was  in  the  legal
profession, and  he himself drew the contract, it appearing clear
that it  was framed so as to admit of a construction inconsistent
with the  true agreement  of the  parties. 1  Sim. & Stu. 210;  3
Russ. R.  424. But a contract will not be reformed in consequence
of an error of law. 1 Russ. & M. 418;  1 Chit. Pr. 124.

   REFORMATION, criminal law. The act of bringing back a criminal
to such  a sense  of justice,  so that  he may  live  in  society
without any detriment to it.

    2.  The object  of the criminal law ought to be to reform the
criminal, while it protects society by his punishment. One of the
best attempts  at reformation is the plan of solitary confinement
in a  penitentiary. While  the convict  has time  to  reflect  he
cannot be injured by evil example or corrupt communication.

    TO  REFRESH. To  reexamine a subject by having a reference to
something connected with it.


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    2.  A witness  has a  right to  examine a memorandum or paper
which he  made in  relation  to  certain  facts,  when  the  same
occurred, in  order to  refresh his  memory,  but  the  paper  or
memorandum itself  is not evidence. 5 Wend. 301;  12 S. & R. 328;
6 Pick. 222;  1 A. K. Marsh. 188;  2 Conn. 213. See 1 Rep. Const.
Ct. 336, 373, 423.

    TO  REFUND. To  pay back by the party who has received it, to
the party  who has  paid it,  money which  ought not to have been
paid.

   2. On a deficiency of assets, executors and administrators cum
testamento annexo, are entitled to have refunded to them legacies
which they  may have paid, or so much as may be necessary. to pay
the debts of the testator;  and in order to insure this, they are
generally authorized to require a refunding bond. Vide 8 Vin. Ab.
418;  18 In Vin. Ab. 273;  Bac. Ab. Legacies, H.

   REFUSAL. The act of declining to receive or to do something.

    2.  A grantee may refuse a title, vide Assent;  one appointed
executor may  refuse to  act as such. la some cases, a neglect to
perform a  duty which  the  party  is  required  by  law  or  his
agreement to do, will amount to a refusal.

    REGENCY. The authority of the person in monarchical countries
invested with the right of governing the state in the name of the
monarch,  during   his  minority,   absence,  sickness  or  other
inability.

   REGENT. 1. A ruler, a governor. The term is usually applied to
one who governs a regency, or rules in the place of another.

    2.  In the canon law, it signifies a master or professor of a
college. Dict.  du Dr. Call. h. t. 3. It sometimes means simply a
ruler, director,  or superintendent;   as, in New York, where the
board who have the superintendence of all the colleges, academies
and schools,  are called  the regents  of the  University of  the
state of New York.

   REGIAM MAJESTATEM. The name of an ancient law book ascribed to
David I of Scotland. It is, according to Dr. Robertson, a servile
copy of  Glanville. Ro-  bertson's Hist.  of Charles  V., vol. 1,
note 25, p. 262;  Ersk. Prin. B. 1, t. 1, n. 13.

    REGICIDE.  The killing  of a  king, aud,  by extension,  of a
queen. Theorie des Lois Criminelles, vol. 1, p. 300.

    REGIDOR.  Laws of  the Spanish empire of the Indies. One of a
body,  never   exceeding  twelve,   who  formed  a  part  of  the
ayuntamiento  or   municipal  council   in  every  capital  of  a
jurisdiction. The office of regidor was held for life, that is to
say, during the pleasure of the supreme authority. In most places
the office  was purchased;   in  some cities,  however, they were
elected by  persons of  the district, called capitulares. 12 Pet.
R. 442, note.

   REGIMIENTO. Laws of the Spanish empire of the Indies. The body


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of  regidores  who  never  exceeded twelve, forming a part of the
municipal  council   or  ayuntamiento,  in  every  capital  of  a
jurisdiction. 12 Pet. Rep. 442, note.

    REGISTER,  evidence. A  book containing  a record of facts as
they occur,  kept by  public authority;   a  register of  births,
marriages and burials.

    2.  Although not  originally intended  for  the  purposes  of
evidence, public registers are in general admissible to prove the
facts to which they relate.

    3.  In Pennsylvania,  the registry of births, &c. made by any
religious society  in the  state, is evidence by act of assembly,
but it must be proved as at common law. 6 Binn. R. 416. A copy of
the register  of births  and deaths  of the Society of Friends in
England, proved  before the  lord mayor  of London by an ex parte
affidavit, was allowed to be given in evidence to prove the death
of a  person;   1 Dall.  2;   and a  copy of a parish register in
Barbadoes, certi-fied  to be a true copy by the rector, proved by
the oath  of a  witness, taken before the deputy secretary of the
island and  notary public,  under his  hand  and  seal  was  held
admissible to  prove pedigree;  the handwriting and office of the
secretary being proved. 10 Serg. & Rawle, 383.

    4.  In North Carolina, a parish register of births, marriages
and deaths,  kept pursuant  to the  statute  of  that  state,  is
evidence of pedigree. 2 Murphey's R. 47.

    5.  In Connecticut,  a parish  register has  been received in
evidence. 2  Root, R.  99. See  15 John. R. 226. Vide 1 Phil. Ev.
305;   1 Curt.  R. 755;   6 Eng. Eccl. R. 452;  Cov. on Conv. Ev.
304.

    REGISTER,  common law. The certificate of registry granted to
the person  or persons  entitled thereto, by the collector of the
district, comprehending  the port  to which  any ship  or  vessel
shall belong;   more properly, the registry itself. For the form,
requisites, &c.  of certificate of registry, see Act of Con. Dec.
31, 1792;  Story's Laws U. S. 269 3 Kent, Com. 4th ed. 141.

    REGISTER or REGISTRAR. An officer authorized by law to keep a
record called  a register  or registry;   as the register for the
probate of wills.

   REGISTER FOR THE PROBATE OF WILLS. An officer in Pennsylvania,
who has  gene- rally  the same powers that judges of probates and
surrogates have in other states, and the ordinary has in England,
in admitting the wills of deceased persons to probate.

    REGISTER  OF WRITS.  This is  a book preserved in the English
court of  chancery, in which were entered, from time to time, all
forms of writs once issued.

    2.  It was  first printed and published in the reign of Henry
VIII. This book is still in authority, as containing, in general,
an accurate  transcript of the forms of all writs as then framed,
and as they ought still to be framed in modern practice.


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    3.  It seems,  however, that a variation from the register is
not  conclusive  against  the  propriety  of  a  form,  if  other
sufficient authority  can be  adduced to  prove its  correctness.
Steph. Pl. 7, 8.

    REGISTRARIUS.  An ancient  name given to a notary. In England
this name is confined to designate the officer of some court, the
records or archives of which are in his custody.

    REGISTRUM  BREVIUM. The  name of  an ancient book which was a
collection of writs. See Register of Writs

    REGISTRY.  A book  authorized by  law, in  which writings are
registered or recorded. Vide To Record;  Register.

    REGNANT. One having authority as a king;  one in the exercise
of royal authority.

    REGRATING,  crim. law.  Every practice  or  device,  by  act,
conspiracy, words,  or news,  to enhance the price of victuals or
other merchandise,  is so  denomin-ated. 3 Inst. 196;  1 Russ. on
Cr. 169.

    2. In the Roman law, persons who monopolized grain, and other
produce of  the earth, were called dardanarii, and were variously
punished. Dig. 47, 11, 6.

    REGRESS. Returning;  going back opposed to ingress. (q. v.)

    REGULAR  DEPOSIT. One  where  the  thing  deposited  must  be
returned. It is distinguished from an irregular deposit.

    REGULAR  AND IRREGULAR PROCESS. Regular process is that which
has been  lawfully  issued  by  a  court  or  magistrate,  having
competent jurisdiction.  Irregular process is that which has been
illegally issued.

    2.  When the  process is  regular, and the defendant has been
damnified, as in the case of a malicious arrest, his remedy is by
an action  on the  case, and not trespass:  when it is irregular,
the remedy is by action of trespass.

    3.  If the  process be wholly illegal or misapplied as to the
person intended to be arrested, without regard to any question of
fact, or  whether innocent  or guilty,  or the  existence of  any
debt, then the party imprisoned may legally resist the arrest and
imprisonment, and  may escape,  be rescued, or even break prison;
but if  the process  and imprisonment were in form legal, each of
these acts  would be  punishable, however  innocent the defendant
might be, for he ought to submit to legal process, and obtain his
release by  due course  of law. 1 Chit. Pr. 637;  5 East, R. 304,
308;  S. C. 1 Smitt's Rep. 555;  6 T. R. 234;  Foster, C. L. 312;
2 Wils. 47;  1 East, P. C. 310 Hawk. B. 2, c. 19, s. 1, 2.


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    4.  When a  party has  been arrested  on  process  which  has
afterwards been  set aside  for irregularity,  he  may  bring  an
action of  trespass and  recover  damages  as  well  against  the
attorney who  issued it,  as the  party, though such process will
justify the officer who executed it. 8 Adolph. & Ell. 449;  S. C.
35 E. C. L. R. 433;  15 East, R. 615, note c;  1 Stra. 509;  2 W.
Bl. Rep.,  845;   2 Conn. R. 700;  9 Conn. 141;  11 Mass. 500;  6
Greenl. 421;   3  Gill &  John. 377;   1 Bailey, R. 441;  2 Litt.
234;  3 S. & R. 139 12 John. 257 3 Wils. 376;  and vide Malicious
Prosecution.

    REHABILlTATION.  The act  by which  a man  is restored to his
former ability,  of which  he had  been deprived by a conviction,
sentence or judgment of a competent tribunal.

    REHEARING.  A second consideration which the court gives to a
cause, on a second argument.

   2. A  rehearing takes  place principally  when the  court  has
doubts on the subject to be decided;  but it cannot be granted by
the supreme  court after the cause has been remitted to the court
below to  carry into  effect the  decree of  the supreme court. 7
Wheat. 58.

   REI INTERVENTUS.  When a  party is  imperfectly  bound  in  an
obligation, he  may in  general, annul such imperfect obligation;
but when  he has  permitted the  opposite party  to act as if his
obligation  or   agreement  were   complete,  such   things  have
intervened as  to deprive  him  of  the  right  to  rescind  such
obligation;   these circumstances are the rei interventus. Bell's
Com. 328, 329, 5th ed.;  Burt. Man. P. R. 128.

   RE-INSURANCE, mar.  contr.  An  insurance  made  by  a  former
insurer, his  executors, administrators,  or assigns,  to protect
himself and  his estate  from a risk to which they were liable by
the first insurance.

   2. It differs from a double insurance (q. v.) in this, that in
the latter  cases, the  insured makes  two insurances on the same
risk and the same interest.

    3.  The insurer  on a  re-insurance is answerable only to the
party whom  he has  insured, and not to the original insured, who
can have  no remedy  against him in case of loss, even though the
original insurer become insolvent, because there is no privity of
contract between them and the original insured. 3 Kent, Com. 227;
Park. on Ins. c. 15, p. 276;  Marsh. Ins. B. 1, c. 4, s. 4

    REISSUABLE  NOTES. Bank  notes, which  after having been once
paid, may again be put into circulation, are so called.

    2.  They cannot properly be called valuable securities, while
in the hands of the maker;  but in an indictment, may properly be
called goods and chattels. Ry. & Mood. C. C. 218;  vide 5 Mason's
R. 537;  2 Russ. on Cr. 147. And such notes would fall within the
description of  promissory notes.  2 Leach,  1090, 1093;  Russ. &
Ry. 232. Vide Bank note;  Note;  Promissory note.


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    REJOINDER,  pleadings. The  name of the defendant's answer to
the plaintiff's replication.

    2.  The general  requisites of a rejoinder are, 1. It must be
triable. 2. It must not be double, nor will several rejoinders be
allowed to  the same  declaration. 3.  It must  be certain. 4. It
must be  direct and positive, and not merely by way of recital or
argumentative. 5.  it must  not be repugnant or insensible. 6. It
must be  conformable to,  and not depart from the plea. Co. Litt.
304;   6 Com. Dig. 185 Archb. Civ. Pl. 278;  U. S. Dig, Pleading,
XIII.

    RELAPSE.  The condition  of one who, after having abandoned a
course of vice, returns to it again. Vide Recidive.

    RELATION,  civil law. The report which the judges made of the
proceedings in certain suits to the prince were so called.

    2.  These relations  took place  when the judge had no law to
direct him,  or when  the laws  were susceptible of difficulties;
it was  then referred  to the  prince, who  was the author of the
law, to  give the  interpretation. Those  reports  were  made  in
writing and  contained the  pleadings of the parties, and all the
proceedings, together  with the  judge's opinion,  and prayed the
emperor to order what should be done. The ordinance of the prince
thus required  was called  a rescript.  (q. v.)  the use of these
relations was abolished by Justinian, Nov. 125.

    RELATION, contracts, construction. When an act is done at one
time, and  it operates upon the thing as if done at another time,
it is  said to do so by relation;  as, if a man deliver a deed as
an escrow,  to be  delivered by  the party  holding  it,  to  the
grantor, on  the performance  of some  act, the  delivery to  the
latter will  have relation  back to the first delivery. Termes de
la  Ley.  Again,  if  a  partner  be  adjudged  a  bankrupt,  the
partnership is  dissolved, and  such dissolution  relates back to
the time  when the  commission issued.  3 Kent,  Com. 33. Vide 18
Vin. Ab. 285;  4 Com. Dig. 245;  5 Id. 339;  Litt. S. C. 462-466;
2 John.  510;   4 John.  230;  15 John. 809;  2 Har. & John. 151,
and the article Fiction.

    RELATIONS, kindred. In its most extensive signification, this
term includes  all the kindred of the person spoken of. In a more
limited sense,  it signifies  those persons  who are  entitled as
next of kin under the statute of distribution.

    2.  A legacy  to "relations"  generally, or  to "relations by
blood or  marriage,"  without  enumerating  any  of  them,  will,
therefore, entitle  to a  share, such of the testator's relatives
as would  be entitled  under the statute of distribution's in the
event of  intestacy. 1 Madd. Ch. R. 45;  1 Bro. C. C. 33. See the
cases referred to under the word Relations, article Construction.

    3.  Relations to either of the parties, even beyond the ninth
degree, have  been holden  incapable to  serve on juries. 3 Chit.
Pr. 795, note c.


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    4.  Relationship or  affinity is  no objection  to a witness,
unless in the case of hushand and wife. See Witness.

    RELATOR.  A rehearser or teller;  one who, by leave of court,
brings an information in the nature of a quo warranto.

    2.  At common  law, strictly  speaking, no  such person  as a
relator to  an information  is known;  he being a creature of the
statute 9 Anne, c. 20.

    3.  In this country, even where no statute similar to that of
Anne prevails,  informations are  allowed to  be filed by private
persons desirous to try their rights, in the name of the attorney
general, and  these are  commonly called  relators;    though  no
judgment for  costs can  be rendered for or against them. 2 Dall.
112;   5 Mass. 231;  15 Serg. & Rawle, 127;  3 Serg. & Rawle, 52;
Ang. on  Corp. 470.  In chancery  the relator  is responsible for
costs. 4 Bouv. Inst. n. 4022.

    RELATIVE. One connected with another by blood or affinity;  a
relation, a  kinsman or  kinswoman. In an adjective sense, having
relation or  connexion with  some other  person  or  thing;    as
relative rights, relative powers.

    RELATIVE  POWERS. Those  which relate  to land,  so called to
distinguish them from those which are collateral to it.

    2. These powers are appendant, as where a tenant for life has
a power  of making leases in possession. They are in gross when a
person has  an estate  in the  land, with a power of appointment,
the execution  of which  falls out  of the compass of his estate,
but, notwithstanding,  is annexed  in privity  to it,  and  takes
effect in  the appointee  out of  an interest  appointed  in  the
appointer. 2 Bouv. Inst. n. 1930.

    RELATIVE  RIGHTS. Those  to which  a person  is  entitled  in
consequence of  his relation  with others such as the rights of a
hushand in  relation to  his wife;    of  a  father,  as  to  his
children;   of a master, as to his servant;  of a guardian, as to
his ward.

    2.  In general,  the superior  may maintain  an action for an
injury committed  against his  relative rights. See 2 Bouv. Inst.
n. 2277  to 2296;   3 Bouv. Inst. n. 3491;  4 Bouv. Inst. n. 3615
to 3618.

    RELEASE.  Releases are  of two  kinds. 1.  Such as  give  up,
discharge, or  abandon a  right of  action. 2.  Such as  convey a
man's interest  or right to another, who has possession of it, or
some estate  in the same. Touch. 320;  Litt. sec. 444;  Nels. Ab.
h. t.;   Bac.  Ab. h.  t.;   Vin. Ab.  h. t.;  Rolle's Ab. h. t.;
Com. Dig. h. t.

    RELEASE, contracts. A release is the giving or discharging of
a right  of action  which a man has or may claim against another,
or that  which is  his. Touch. 320 Bac. Ab. h. t.;  Co. Litt. 264
a.


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   2. This kind of a release is different from that which is used
for the  purpose of  convoying real  estate. Here a mere right is
surrendered;  in the other case not only a right is given up, but
an interest  in the estate is conveyed, and becomes vested in the
release.

    3.  Releases may  be considered,  as  to  their  form,  their
different kinds,  and their  effect. §1. The operative words of a
release are  remise, release,  quitclaim, discharge  and  acquit;
but other  words will  answer the  purpose. Sid.  265;  Cro. Jac.
696;  9 Co. 52;  Show. 331.

   4. - §2. Releases are either express, or releases in deed;  or
those arising  by operation  of law.  An express  release is  one
which is  distinctly made in the deed;  a release by operation of
law, is one which, though not expressly made, the law presumes in
consequence of  some act  of, the  releasor;  for instance, when,
one of  several joint  obligors is expressly released, the others
are also  released by  operation of  law .  3 Salk. 298. Hob. 10;
Id. 66;  Noy, 62;  4 Mod. 380;  7 Johns. Rep. 207.

    5.  A release  may also  be  implied;    as,  if  a  creditor
voluntarily deliver  to his  debtor  the  bond,  note,  or  other
evidence of  his claim.  And when  the debtor is in possession of
such security,  it will be presumed that it has been delivered to
him. Poth. Obl. n. 608, 609.

    6.  - §3.  As to  their  effect,  releases  1st,  acquit  the
releasee:  and 2dly, enable him to be examined as a witness.

    7. - 1st. Littleton says a release of all demands is the best
and strongest  release. Sect.  508. Lord  Coke, on  the contrary,
says claims is a stronger word. Co. Litt. 291 b.

   8. In general the words of a release will he restrained by the
particular occasion  of giving  it. 3  Lev. 273;  1 Show. 151:  2
Mod. 108,  n.;  2 Show. 47;  T. Raym. 399 3 Mod. 277;  Palm. 218;
1 Lev. 235.

    9.  The reader  is referred  to the  following cases  where a
construction has  been given  to  the  expressions  mentioned.  A
release of  "all actions,  suits and demands," 3 Mod. 277:  " all
actions, debts,  duties, and  demands," Ibid.  1 and  64;  3 Mod.
185;   8 Co. 150 b;  2 Saund. 6 a;  all demands," 5 Co. 70, b;  2
Mod. 281;   3 Mod 278;  1 Lev. 99;  Salk. 578;  2 Rolle's Rep. 12
Mod. 465;   2 Conn. Rep. 120;  "all actions, quarrels, trespasses
" Dy. 2171 pl. 2;  Cro. Jac. 487;  " all errors, and all actions,
suits, and writs of error whatsoever," T. Ray. 3 99 all suits," 8
Co. 150 of covenants," 5 Co. 70 b.

    10.  - 2d. A release by a witness where he has an interest in
the matter  which is  the subject  of the  suit or release by the
party on  whose side  he is  interested, renders him competent. 1
Phil. Ev.  102, and  the cases  cited in  n. a. Vide 2 Chitt. It.
329;  1 D. & R. 361;  Harr. Dig. h. t.;  Bouv. Inst. Index, h. t.


         Bouvier's Law Dictionary : R1 : Page 35 of 139


      RELEASE, estates.  The "conveyance  of a  man's interest or
right, which  he hath  unto a  thing, to  another that  hath  the
possession thereof, or some estate therein." Touch. 320.

   2. The words generally used in such conveyance, are, "remised,
released, and forever quit claimed." Litt. s ec, 445.

    3.  Releases of  land are,  in respect  of  their  operation,
divided into four sorts. 1. Releases that enure by way of passing
the estate, or mitter l'estate. (q. v.) 2. Releases that enure by
way of  passing the  right, or  mitter le droit. 3. Releases that
enure by enlargement of the estate;  and

    4.  Releases that  enure by  way of  extinguishment.  Vide  4
Cruise, 71;   Co. Lit. 264;  3 Marsh. Decis. 185;  Gilb. Ten. 82;
2 Sumn.  R. 487;   10 Pick. R. 195;  10 John. R. 456;  7 Mass. R.
381;   8 Pick.  R. 143;   5  Har. &  John. 158;   N. H. Rep. 402;
Paige's R. 299.

    RELEASEE. A person to whom a release is made.

    RELEASOR. He who makes a release.

    RELEGATION,  civil  law.  Among  the Romans  relegation was a
banishment  to   a  certain   place,  and   consequently  was  an
interdiction of all places except the one designated.

      2. It  differed from  deportation. (q.  v.) Relegation  and
deportation agree upon these particulars:  1. Neither could be in
a Roman city or province. 2. Neither caused the party punished to
lose his  liberty. Inst.  1,16 , 2;  Digest, 48, 22, 4;  Code, 9,
47,26.

    3.  Relegation and  deportation differed  in this. 1. Because
deportation deprived  of the  right  of  citizenship,  which  was
preserved notwithstanding  the relegation. 2. Because deportation
was always  perpetual, and relegation was generally for a limited
time.  3.   Because  deportation   was   always   attended   with
confiscation of property, although not mentioned in the sentence;
while a  loss of  property was  not a  consequence of  relegation
unless it was perpetual, or made a part of the sentence. Inst. 1,
12, 1 & 2;  Dig. 48, 20, 7, 5;  Id. 48, 22, 1 to 7;  Code, 9, 47,
8.

    RELEVANCY.  By this  term is understood the evidence which is
applicable to  the issue  joined;   it is  relevant  when  it  is
applicable to  the issue,  and ought  to  be  admitted;    it  is
irrelevant, when  it does  not apply;   and  it ought  then to be
excluded. 3  Hawks, 122;  4 Litt. Rep. 272;  7 Mart. Lo. R. N. S.
198. See  Greenl. Ev. §49, et seq.;  1 Phil. Ev. 169;  11 S. & R.
134;   7 Wend. R. 359;  1 Rawle, R. 311;  3 Pet. R. 336;  5 Harr.
& Johns. 51, 56;  1 Watts. & Serg. 362;  6 Watts. R. 266;  1 S. &
R. 298.

    RELEVANT  EVIDENCE. That which is applicable to the issue and
which ought  to be received;  the phrase is used in opposition to
irrelevant evidence,  which is  that which  is not so applicable,
and which must be rejected. Vide Relevancy.


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    RELICT. A widow;  as A B, relict of C D.

    RELICTA  VFRIFICATIONE.  When  a  judgment  is  confessed  by
cognovit actionem  after plea  pleaded,  and  then  the  plea  is
withdrawn, it is called a confession or cognovit actionem relicta
verificatione. He  acknowledges the  action having  abandoned his
plea. See 5 Halst. 332.

    RELICTION.  An increase  of the land by the sudden retreat of
the sea or a river.

    2.  Relicted lands  arising from  the sea  and  in  navigable
rivers, (q.  v.) generally  belong to  the state and all relicted
lands of unnavigable rivers generally belong to the proprietor of
the estate  to which  such rivers  act as boundaries. Schultes on
Aqu. Rights,  138;  Ang. on Tide Wat. 75. But this reliction must
be from  the sea in its usual state for if it should inundate the
land and  then recede,  this would be no reliction. Harg. Tr. 15.
Vide Ang. on Wat. Co. 220.

   3. Reliction differs from avulsion, (q. v.) and from alluvion.
(q. v.)

    RELIEF,  Engl. law.  A relief was an incident to every feudal
tenure, by way of fine or composition with the lord for taking up
the estate which was lapsed or fallen in by the death of the last
tenant. At one time the amount was arbitrary;  but afterwards the
relief of a knight's fee became fixed at one hundred shillings. 2
Bl. Com. 65.

    RELIEF,  practice. That  assistance which a court of chancery
will lend to a party to annul a contract tinctured with fraud, or
where there  has been  a mistake  or accident;   courts of equity
grant relief  to all  parties in cases where they have rights, ex
aequo et  bono, and  modify and  fashion that relief according to
circumstances.

    RELIGION.   Real  piety  in  practice,   consisting   in  the
performance of all known duties to God and our fellow men.

    2.  There are many actions which cannot be regulated by human
laws, and  many duties  are imposed  by  religion  calculated  to
promote the  happiness of  society. Besides, there is an infinite
number of  actions, which  though punishable  by society,  may be
concealed from  men, and  which the  magistrate cannot punish. In
these cases  men are restrained by the knowledge that nothing can
be hidden  from the  eyes of a sovereign intelligent Being;  that
the soul  never dies, that there is a state of future rewards and
punishments;   in fact  that  the  most  secret  crimes  will  be
punished. True  religion  then  offers  succors  to  the  feeble,
consolations to the unfortunate, and fills the wicked with dread.

    3.  What Montesquieu  says of a prince, applies equally to an
individual. "A prince," says he, " who loves religion, is a lion,
which yields to the hand that caresses him, or to the voice which
renders him  tame. He  who fears religion and hates it, is like a
wild beast,  which gnaws,  the chain  which  re-strains  it  from
falling on those within its reach. He who has no religion is like
a terrible  animal which  feels no liberty except when it devours
its victims  or tears  them in pieces." Esp. des , Lois, liv. 24,
c. 1.


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   4. But religion can be useful to man only when it is pure. The
constitution of the United States has, therefore, wisely provided
that it  should never  be united  with the state. Art. 6, 3. Vide
Christianity;  Religious test;  Theo- cracy.

   RELIGIOUS TEST. The constitution of the United States, art. 6,
s. 3, de-clares that "no religious test shall ever be required as
a qualification  to any  office, or public trust under the United
States."

    2.  This clause  was introduced  for the  double  purpose  of
satisfying the  scruples of many respectable persons, who feel an
invincible repugnance  to any  religious test or affirmation, and
to cut  off forever every pretence of any alliance between church
and state in the national government. Story on the Const. §1841.

    RELINQUISHMENT,  practice. A forsaking, abandoning, or giving
over a  right;   for example,  a plaintiff  may relinquish  a bad
count in  a declaration,  and proceed  on the  good:   a man  may
relinquish a  part  of  his  claim  in  order  to  give  a  court
jurisdiction.

    RELOCATION,  Scotch law,  contracts. To  let again to renew a
lease, is called a relocation.

   2. When a tenant holds over after the expiration of his lease,
with  the  consent  of  his  landlord,  this  will  amount  to  a
relocation.

    REMAINDER,  estates. The  remnant of  an estate  in lands  or
tenements expectant on a particular estate, created together with
the same, at one time. Co. Litt. 143 a.

    2.  Remainders are  either vested  or  contingent.  A  vested
remainder is one by which a present interest passes to the party.
though to  be enjoyed  in future;   and  by which  the estate  is
invariably fixed  to remain  to a  determinate person,  after the
particular estate  has been  spent. Vide  2 Jo  ins. R.  288;   1
Yeates, R. 340.

    3.  A contingent  remainder is  one which  is limited to take
effect on  an event  or condition,  which may  never happen or be
performed, or which may not happen or be performed till after the
determination of  the preceding particular estate;  in which case
such remainder never can take effect.

   4. According to Mr. Fearne, contingent remainders may properly
be distin-guished into four sorts. 1. Where the remainder depends
entirely on  a contin-gent  determination of the preceding estate
itself. 2.  Where the  contingency on  which the  remainder is to


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take effect, is independent of the determination of the preceding
estate. 3.  Where the  condition  upon  which  the  remainder  is
limited, is  certain in  event,  but  the  determination  of  the
particular estate  may happen  before it. 4. Where the person, to
whom the remainder is limited, is not yet ascertained, or not yet
in being. Fearne, 5.

    5.  The pupillary  substitutions of  the civil  law  somewhat
resembled contingent  remainders. 1  Brown's Civ.  Law, 214,  n.;
Burr. 1623.  Vide, generally,  Viner's Ab. h. t.;  Bac. Ab. h. t;
Com. Dig.  h. t.;   4 Kent, Com. 189;  Yelv. 1, n.;  Cruise, Dig.
tit. 16;  1 Supp. to Ves. jr. 184;  Bouv. Inst. Index, h. t.

    REMAINDER-MAN.  One who  is entitled  to the remainder of the
estate after a particular estate carved out of it has expired.

    TO  REMAND. To  send back  or recommit.  When a  prisoner  is
brought before  a judge  on a  habeas corpus,  for the purpose of
obtaining his  liberty, the  judge hears  the  case,  and  either
discharges him or not;  when there is cause for his detention, he
remands him.

     REMANDING A CAUSE, practice. The sending it back to the same
court out  ofwhich it  came for the purpose of having some action
on it there. March, R. 100.

    REMANENT  PRO DEFECTU  EMPTORUM, practice. The return made by
the sheriff  to a  writ of execution when he has not been able to
sell the  property seized,  that the same remains unsold for want
of buyers:    in  that  case  the  plaintiff  is  entitled  to  a
venditioni exponas. Com. Dig. Execution, C. 8.

   REMANET, practice. The causes which are entered for trial, and
which cannot  be tried during tho term, are remanets. Lee's Dict.
Trial, vii.;  1 Sell. Pr. 434;  1 Phil. Ev., 4.

    REMEDIAL.  That which  affords a  remedy;    as,  a  remedial
statute, or  one which  is made to supply some defects or abridge
some superfluities  of the  common law.  1 131. Com. 86. The term
remedial statute  is also  applied to those acts which give a new
remedy. Esp. Pen. Act. 1.

    REMEDY.  The means  employed to enforce a right or redress an
injury.

    2.  The importance  of selecting  a  proper  remedy  is  made
strikingly evident by tho following statement. "Recently a common
law barrister,  very eminent  for his  legal  attainments,  sound
opinions, and  great practice,  advised that  there was no remedy
whatever against  a married  woman, who,  having  a  considerable
separate estate, had joined with her hushand in a promissory note
for X2500,  for a  debt of her hushand, because he was of opinion
that the  contract of  a married  woman is  absolutely void,  and
referred to a decision to that effect, viz. Marshall v. Rutton, 8
T. R.  545, he  not knowing, or forgetting, that in equity, under
such circumstances,  payment might  have been enforced out of the
separate estate.  And afterwards,  a very eminent equity counsel,


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equally erroneously  advised, in  the same  case, that the remedy
was only  in equity,  although it  appeared upon  the face of the
case, as  then stated,  that, after the death of her hushand, the
wife had  promised to  pay, in  consideration of forbearance, and
upon which  promise she might have been arrested and sued at law.
If the  common law  counsel had  properly advised  proceedings in
equity, or  if the  equity counsel  had  advised  proceedings  by
arrest at  law, upon the promise, after the death of the hushand,
the whole  debt would  have been  paid.  But,  upon  this  latter
opinion, a  bill in  chancery was filed, and so much time elapsed
before decree,  that a great part of the property was dissipated,
and the  wife escaped  with the  residue  into  France,  and  the
creditor thus  wholly  lost  his  debt,  which  would  have  been
recovered, if  the proper  proceedings had  been adopted  in  the
first or  even second  instance. This is one of the very numerous
cases almost daily occurring, illustrative of the consequences of
the want  of, at  least, a  general knowledge  of every branch of
law."

     3.  Remedies  may  be  considered  in  relation  to  1.  The
enforcement of contracts. 2. The redress of torts or injuries.

    4.  - §1.  The remedies  for the enforcement of contracts are
generally by  action. The form of these depend upon the nature of
the contract. They will be briefly considered, each separately.

    5.  - 1.  The breach  of parol  or simple  contracts, whether
verbal or  written, express or implied, for the payment of money,
or  for  the  performance  or  omission  of  any  other  act,  is
remediable by  action of  assumpsit. (q,  v.) This  is the proper
remedy, therefore,  to recover  money lent,  paid,  and  had  and
re-ceived to  the use of the plaintiff;  and in some cases though
the money  have been  received tortiously  or by  duress of,  the
person or  goods, it may be recovered.in this form of action, as,
in that  case, the  law implies  a contract. 2 Ld. Raym. 1216;  2
Bl. R. 827;  3 Wils. R. 304;  2 T. R. 144;  3 Johns. R. 183. This
action is also the proper remedy upon wagers, feigned issues, and
awards when  the submission  is not by deed, and to recover money
due on  foreign judgments;   4  T. R.  493;   3 East, R. 221;  11
East, R;  124;  and on by-laws. 1 B. & P. 98.

     6.  -  2.  To  recover  money  due  and  unpaid  upon  legal
liabilities, Hob.  206;   or upon simple contracts either express
or implied,  whether verbal  or written, and upon contracts under
seal or of record, Bull. N. P. 167;  Com. Dig. Debt, A 9;  and on
statutes by  a party  grieved, or  by a common informer, whenever
the demand  is for  a sum certain, or is capable of being readily
reduced to  a certainty;   7  Mass. R. 202;  3 Mass. R. 309, 310;
the remedy is by action of debt. Vide Debt.

     7.  -  3.  When  a  covenantee,  has  sustained  damages  in
consequence of  the non-performance  of  a  promise  under  seal,
whether such  promise be  contained in a deed poll, indenture, or
whether it  be express  or implied  by law  from the terms of the
deed;   or whether the damages be liquidated or unliquidated, the
proper remedy is by action of covenant. Vide Covenant.


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    8.  - 4.  For the  detention of  a cliattel,  which the party
obtained by virtue of a contract, as a bailment, or by some other
lawful means,  as by  finding, the. owner, may in general support
an action  of detinue,  (q. v.) and replevin;  (q. v.) or when he
has converted the property to his own use, trover and conversion.
(q. v.)

   9. - §2 . Remedies for the redress of injuries. These remedies
are  either  public,  by  indictment,  when  the  injury  to  the
individual or  to Iiis  property affects the public;  or private,
when the tort is only injurious to the individual.

    10.  There are  three  kinds  of  remedies,  namely,  1.  The
preventive. 2. That which seeks for a compensation. 3. That which
has for its object punishment.

   11. - 1. The preventive, or removing, or abating remedies, are
those which  may be  by acts  of the  party aggrieved,  or by the
intervention of  legal proceedings;   as, in the case of injuries
to the.  person,  or  to  personal  or  real  property,  defence,
resistance, recaption,  abatement of  nuisance, and surety of the
peace, or injunction in equity and perhaps some others.

    12.  - 2.  Remedies for  compensation are  those which may he
either by  the acts  of the  party aggrieved, or summarily before
justices, or  by arb  itration, or  action, or  suit at law or in
equity.

    13. - 3. Remedies which have for their object punishments, or
compensation and  punishments,  are  either  summary  proceedings
before magistrates,  or indictment, &c. The party injured in many
cases of  private injuries,  which are also a public offence, as,
batteries and libels, may-have both remedies, a public indictment
for the  criminal offence,  and a  civil action  for the  private
wrong. When the law gives several remedies, the party entitled to
them may  select that  best calculated to answer his ends. Vide 2
Atk. 344;   4  Johns. Ch. R. 140;  6 Johns. Ch. Rep. 78;  2 Conn.
R. 353;   10  Johns. R. 481;  9 Serg. & Rawle, 302. In felony and
some other  cases, the  private injury  is so  far merged  in the
public crime  that no  action can  be maintained for it, at least
until after  the public  prosecution shall  have been ended. Vide
Civil remedy.

    14.  It will  be proper to consider, 1. The private remedies,
as, they  seek  the  prevention  of  offences,  compensation  for
committing them,  and the  punishment of  their authors.  2.  The
public remedies,  which have  for  their  object  protection  and
punishment.

    15.  - 1.  Private remedies.  When the  right invaded and the
injury committed  are merely  private, no  one  has  a  right  to
interfere or  seek a  remedy except the party immediately injured
and his  professional advisers.  But  when  the  remedy  is  even
nominally public, and prosecuted in the name of the commonwealth,
any one  may institute  the proccedings,  although not  privately
injured. 1 Salk. 174;  1 Atk. 221;  8 M. & S. 71.


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    16.  Private remedies  are, 1, By the act of the party, or by
legal proceedings  to prevent  the commission or repetition of an
injury, or to remove it;  or, 2. They are to recover compensation
for the injury which has been committed.

    17. - 1. The preventive and removing remedies are principally
of two  descriptions, namely,  1st. Those by the act of the party
himself, or  of certain  relations or  third persons permitted by
law to interfere, as with respect to the person, by self-defence,
resistance, escape,  rescue, and  even prison  breaking, when the
imprisonment  is  clearly  illegal;    or  in  case  of  personal
property, by  resistance or  recaption;    or  in  case  of  real
property, resistance  or turning a trespasser out of his house or
off his  land, even with force;  1 Saund. 81, 140, note 4;  or by
apprehending  a   wrong-doer,  or   by  reentry   and  re-gaining
possession, taking  care not  to commit  a forcible  entry, or  a
breach of  the peace;   or,  in  case  of  nuisances,  public  or
private, by abatement;  vide Abatement of nuisances;  or remedies
by distress,  (q. v.)  or by  set off  or re-tainer.  See, as  to
remedies by act of the parties, 1 Dane's Ab. c. 2, p. 130.

    18.  - 2.  When the  injury is  complete or  continuing,  the
remedies  to  obtain  compensation  are  either  specific  or  in
damages. These  are summary  before jus-tices  of  the  peace  or
others;   or formal, either by action or suit in courts of law or
equity, or  in the  admiralty courts.  As an  example of  summary
proceedings may  be mentioned  the manner of regaining possession
by applying  to magis-trates against forcible entry and detainer,
where the  statutes authorize the proceedings. Formal proceedings
are instituted  when certain  rights have  been invaded.  If  the
injury affect  a legal  right, then  the remedy  is in general by
action in  a court  of law;   but if an equitable right, or if it
can be better investigated in a court of equity,' then the remedy
is by bill. Vide Chancery.

    19.  - 2.  Public remedies. These may be divided into such as
are intended  to prevent crimes, and those where the object is to
punish them. 1. The preven-tive remedies may be exercised without
any warrant  either by  a constable, (q. v.) or other officer, or
even by  a private  citizen. Persons  in the  act of committing a
felony or  a broach  of the  peace may  arrested by any one. Vide
Arrest. A public nuisance may be abated without any other warrant
or authority  than that  given by  the law. Vide Nuisance. 2. The
proceedings intended  as a  punishment for  offences, are  either
summary, vide Conviction;  or by indict- ment. (q. v.)

    20.  Remedies are  specific and  cumulative;   the former are
those which  can alone  be applied to restore a right or punish a
crime;   for example,  where a  statute makes  unlawful what  was
lawful before,  and gives  a particular  remedy, that is specific
and must  be pursued,  and no other. Cro. Jac. 644;  1 Salk. 4 5;
2 Burr. 803. But when an offence was antecedently punishable by a
common law proceeding, as by indictment, and a statute prescribes
a particular  remedy, there such particular remedy is cumulative,
and proceedings  may be had at common law or under the statute. 1
Saund. 134,  n. 4.  Vide Bac.  Ab. Actions  in general, B;  Bouv.
Inst. Index,  h. t.;   Actions;  Arrest;  Civil remedy;  Election
of Actions.


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    REMEMBRANCERS;   Eng.  law. Officers  of the exchequer, whose
duty it  is to remind the lord treasurer and the justices of that
court of  such things as are to be called and attended to for the
benefit of the crown.

    REMISE. A French word which literally means a surrendering or
returning a debt or duty.

    2.  It is  frequently used  in this  sense in  releases;  as,
"remise, release  and forever  quit-claim." In the French law the
word remise  is synonymous with our word release. Poth. Du Contr.
de Change, n. 176;  Dalloz, Dict, h. t.;  Merl. Rep. h. t.

   REMISSION, civil law. A release.

    2.  The remission of the debt is either conventional, when it
is expressly  granted to  the  debtor  by  a  creditor  having  a
capacity to  alienate;   or tacit,  when the creditor voluntarily
surrenders  to  his  debtor  the  original  title  under  private
signature constituting  the obligation.  Civ. Code  of  Lo.  art.
2195.

    3. By remission is also understood a forgiveness or pardon of
an offence.  It has  the effect of putting back the offender into
the same  situation he  was before the commission of the offence.
Remission is  generally granted  in cases  where the  offence was
involuntary, or  committed in self defence. Poth. Pr. Civ. sec t.
7, art. 2, §2.

    4.  Remission is  also used by common lawyers to expresss the
act by which a forfeiture or penalty is forgiven. 10 Wheat. 246.

    TO REMIT. To annul a fine or forfeiture.

    2.  This is  generally done  by the  courts where they have a
discretion by  law:   as, for  example, when a juror is fined for
nonattendance  in  court,  after  being  duly  summoned  and,  on
appearing, he produces evidence to the court that he was sick and
unable to attend, the fine will be remitted by the court.

    3.  In commercial  law, to  remit is to send money, bills, or
something which will answer the purpose of money.

    REMITTANCE, comm. law. Money sent by one merchant to another,
either in specie, bill of exchange, draft or otherwise.

    REMITTEE,  contracts. A  person to whom a remittance is made.
Story on Bailm. §75.

    REMITTER, estates. To be placed back in possession.

    2. When one having a right to lands is out of possession, and
afterwards the freehold is cast upon him by some defective title,
and he  enters by virtue of that title, the law remits him to his
ancient and  more certain  right and  by  an  equitable  fiction,
supposes him  to have gained possession under it. 3 Bl. Com. 190;
18 Vin. Ab. 431;  7 Com. Dig. 234.


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    REMITTIT DAMNA. An entry on the record by which the plaintiff
declares that  he remits  the damages  or a  part of  the damages
which have been awarded him by the jury, is so called.

    2. In some cases, a misjoinder of actions may be cured by the
entry of a remittit damna. 1 Chit. Pl. *207.

    REMITTOR,  contracts. A  person who  makes  a  remittance  to
another.

    REMITTITUR  DAMNUM,  or  DAMNA,  practice.  The  act  of  the
plaintiff upon the record, whereby he abates or remits the excess
of damages  found  by  the  jury  beyond  the  sum  laid  in  the
declaration. See  1 Saund.  285, n. 6;  4 Conn. 109;  Bouv. Inst.
Index, h. t.

    REMITTUR  OF RECORD.  After a  record has been removed to the
supreme court,  and a  judgment has  been rendered,  it is  to be
remitted or  sent back  to the  court below,  for the  purpose of
re-trying the  cause, when  the judgment has been reversed, or of
issuing an  execution when  it has  been affirmed.  The act of so
returning the  record, and the writ issued for that purpose, bear
the name of remittitur.

    REMONSTRANCE.  A petition  to a  court,  or  deliberative  or
legislative body,  in which those who have signed it request that
something which  it is  in contemplation  to perform shall not be
done.

    REMOTE.  At a  distance;   afar off,  not immediate. A remote
cause is  not in  general sufficient  to charge  a man  with  the
commission of a crime, nor with being the author of a tort.

    2.  When a  man suffers  an  injury  in  consequence  of  the
violation of a contract, he is in general entitled to damages for
the violation  of such contract, but not for remote consequences,
unconnected with the contract, to which he may be subjected;  as,
for example,  if the maker of a promissory note should not pay it
at maturity;  the holder will be entitled to damages arising from
the breach  of the  contract, namely, the principal and interest;
but should  the holder, in consequence of the non-payment of such
note, be  compelled to  stop payment, and lose his credit and his
business, the  maker will  not be responsible for such losses, on
account of the great remoteness of the cause;  so if an agent who
is bound  to account  should neglect  to do  so,  and  a  similar
failure should take place, the agent would not be responsible for
the damages thus caused. 1 Brock. Cir. C. R. 103;  see 3 Pet. 69,
84, 89;   5  Mason's R.  161;  3 Wheat. 560;  1 Story, R. 157;  3
Sumn. R. 27, 270;  2 Sm. & Marsh. 340;  7 Hill, 61. Vide Cause.

    REMOVAL FROM OFFICE. The act of a competent officer or of the
legislature which  deprives an  officer of  his office. It may be
express, that  is, by  a notification  that the  officer has been
removed, or  implied, by the appointment of another person to the
same office.  Wallace's C. C. R. 118. See 13 Pet. 130;  1 Cranch,
137.


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    REMOVER. practice. When a suit or cause is removed out of one
court  into   another,  which  is  effected  by  writ  of  error,
certiorari, and the like. 11 Co.41.

   REMUNERATION. Reward;  recompense;  salary. Dig. 17, 1, 7.

    RENDER.  To yield;   to  return;   to give  again;  it is the
reverse of prender.

   RENDEZVOUS. A place appointed for meeting.

   2. Among seamen it is usual when vessels sail under convoy, to
have a  rend ezvous  in case of dispersion by storm, an enemy, or
other accident,

   3. The place where military men meet and lodge, is also called
a rendezvous.

   RENEWAL. A change of something old for for something new;  as,
the renewal of a note;  the renewal of a lease. See Novation, and
1 Bouv. Inst. n. 800.

   TO RENOUNCE. To give up a right;  for example, an executor may
renounce the  right of  administering the estate of the testator;
a widow  the right  to  administer  to  her  intestate  hushand's
estate.

    2. There are some rights which a person cannot renounce;  as,
for example,  to plead the act of limitation. Before a person can
become a citizen of the United States he must renounce all titles
of nobility. Vide Naturalization;  To Repudiate.

      RENT,  estates,  contracts.  A  certain  profit  in  money,
provisions,  chattels,   or  labor,  issuing  out  of  lands  and
tenements in  retribution for  the use.  2 Bl.  Com. 41;  14 Pet.
Rep. 526;   Gilb.,  on Rents,  9;  Co. Litt. 142 a;  Civ. Code of
Lo. art. 2750;  Com. on L. & T. 95;  1 Kent, Com. 367;  Bradb. on
Distr. 24;  Bac. Ab. h. t.;  Crabb, R. P. SSSS 149-258.

    2.  A rent  somewhat resembles  an  annuity,  (q.  v.)  their
difference consists  in the  fact that  the former  issues out of
lands, and the latter is a mere personal charge.

    3.  At common  law there  were three kinds of rents;  namely,
rent-service, rent-charge,  and rent-seek.  When the  tenant held
his land  by fealty  or other  corporeal service,  and a  certain
rent, this  was called  rent-service;   a right  of distress  was
inseparably incident to this rent.

    4.  A rent-charge is when the rent is created by deed and the
fee granted;   and  as there is no fealty annexed to such a grant
of rent,  the right  of distress  is not  in incident;    and  it
requires an express power of distress to be annexed to the grant,
which gives  it the name of a rent-charge, because the lands are,
by the deed, charged with a distress. Co. Litt. 143 b.


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    5.  Rent-seek, or  a dry or barren rent, was rent reserves by
deed, without  a clause  of distress,  and in a case in which the
owner of  the rent  had no  future interest  or reversion  in the
land, he  was driven for a remedy to a writ of annuity or writ of
assize.

    6.  But the  statute of  4 Geo.  II.  c.  28,  abolished  all
distinction in  the several  kinds of rent, so far as to give the
remedy by  distress in  cases of rents-seek, rents of assize, and
chief rents,  as in  the case  of rents reserved upon a lease. In
Pennsylvania, a distress is inseparably incident to every species
of rent that may be reduced to a certainty. 2 Rawle's Rep. 13. In
New York, it seems the remedy by distress exists for all kinds of
rent. 3  Kent Com.  368. Vide  Distress;   18 Viner's  Abr.  472;
Woodf, L.  & T.  184 Gilb.  on Rents  Com. Dig. h. t.. Dane's Ab.
Index, h. t.

    7.  As to the time when the rent becomes due, it is proper to
observe, that  there is  a distinction to be made. It becomes due
for the  purpose of  making a  demand  to  take  advantage  of  a
condition of  reentry, or  to tender  it to save a forfeiture, at
sunset of the day on which it is due:  but it is not actually due
till midnight,  for any  other purpose.  An action  could not  be
supported which  had been  commenced on  the day  it became  due,
although commenced  after sunset;   and  if the  owner of the fee
died between  sunset and  midnight of  that day, the heir and not
the executor would be entitled to the rent. 1 Saund. 287;  10 Co.
127 b;   2  Madd. Ch. R. 268;  1 P. Wms. 177;  S. C. 1 Salk, 578.
See generally,  Bac. Ab.  h. t.;   Bouv.  Inst. Index h. t.;  and
Distress;  Reentry.

    RENT-ROLL.  A roll of the rents due to a particular person or
public body. See Rental.

    RENTAL.  A roll  or list of the rents of an estate containing
the description  of the  lands let, the names of the tenants, and
other particulars connected with such estate. This is the same as
rent roll, from which it is said to be corrupted.

   RENTE. In the French funds this word is nearly synonymous with
our word annuity.

    RENTE FONCIERE. This is a technical phrase used in Louisiana.
It is  a rent  which issues out of land, and it is of its essence
that it  be perpetual,  for if it be made but for a limited time,
it is a lease. It may, however, be extinguished. Civ. Code of Lo.
art. 2750, 2759;  Poth. h. t. Vide Ground-rent.

    RENTE  VIAGERE, French  law. This  term,  which  is  used  in
Louisiana, signifies  an annuity  for life. Civ. Code of Lo. art.
2764;  Poth. Du Contract de Constitution de Rente, n. 215.

   RENUNCIATION. The act of giving up a right.


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   2. It is a rule of law that any one may renounce a right which
the law  has established  in his  favor. To  this maxim there are
many limitations.  A party may always renounce an acquired right;
as, for example, to take lands by descent;  but one cannot always
give up a future right, before it has accrued, nor to the benefit
conferred by  law, although such advantage may be introduced only
for the benefit of individuals.

    3.  For example,  the power  of making  a will;  the right of
annulling a  future contract,  on the  ground of  fraud;  and the
right of  pleading the  act of  limitations, cannot be renounced.
The first,  because the party must be left free to make a will or
not;  and the latter two, because the right has not yet accrued.

    4. This term is usually employed to signify the abdication or
giving up  of one's  country at the time of choosing another. The
act of  congress requires  from a foreigner who applies to become
naturalized a  renunciation of all allegiance and fidelity to any
foreign prince,  potentate, state  or sovereignty,  whereof  such
alien may,  at the  time, be  a citizen  or subject. See Citizen;
Expatriation;  Naturalization;  To renounce.

    REPAIRS.  That work  which is done to an estate to keep it in
good order.

    2. What a party is bound to do, when the law imposes upon him
the duty  to make  necessary repairs,  does not appear to be very
accurately  defined.   Natural  and   unavoidable  decay  in  the
buildings must  always be  allowed for  when there  is no express
covenant to  the contrary;  and it seems, the lessee will satisfy
the obligation the law imposes on him, by delivering the premises
at the expiration of his tenancy, in a habitable state. Questions
in relation to repairs most frequently arise between the landlord
and tenant.

   3. When there is no express agreement between the parties, the
tenant is  always required to do the necessary repairs. Woodf. L.
& T.  244:   Arch. L.  & T.  188. He is therefore bound to put in
windows or  doors that  have been broken by him, so as to prevent
any decay  of the  premises, but  he is not required to put a new
room on an old worn out house. 2 Esp. N. P. C. 590.

   4. An  express covenant  on the  part of  the lessee to keep a
house in  repair, and leave it in as good a plight as it was when
the lease  was made, does not bind him to repair the ordinary and
natural decay. Woodf. L. & T. 256. And it has been held that such
a covenant  does not  bind him  to rebuild a house which had been
destroyed by a public enemy. 1 Dall. 210.

    5.  As to  the time when the repairs are to be made, it would
seem reasonable  that when  the lessor  is bound  to make them he
should have  the right to enter and make them, when a delay until
after the  expiration of  the lease  would be  injurious  to  the
estate:  but when no such damage exists, the landlord should have
no right  to enter  without the  consent of  the tenant.  See  18
Toull. n.  297. When  a house  has been  destroyed by  accidental
fire, neither  the tenant  nor the  landlord is  bound to rebuild
unless obliged  by some agreement so to do. 4 Paige R. 355;  1 T.


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R. 708;   Fonbl. Eq. B. 1, c. 6, s. S. Vide 6 T. R. 650;  4 Camp.
R. 275;   Harr.  Dig. Covenant  VII. Vide Com. Rep. 627;  6 T. R.
650;  21 Show. 401;  3. Ves. Jr. 34;  Co. Litt., 27 a, note 1;  3
John. R.  44;   6 Mass.  R. 63;  Platt on Cov. 266;  Com. L. & T.
200;   Com. Dig.  Condition, L 12;  Civil Code of Louis. 2070;  1
Saund. 322,  n. 1;   Id.  323, n.  7;  2 Saund, 158 b, n. 7 & 10;
Bouv. Inst. Index. h. t.

    REPARATION.  The redress  of an  injury;   amends for  a tort
inflicted. Vide Remedy;  Redress.

    REPARTIONE,  FACIENDA, WRIT  DE. The  name of an ancient writ
which lies  by one  or more joint tenants against the other joint
tenants, or  by a  person owning  a house or building against the
owner of  th;   adjoining building,  to compel  the reparation of
such, joint property. F. N. B. 295.

      REPEAL, legislation. The abrogation or destruction of a law
by a legislative act.

     2. A repeal is express;  as when it is literally declared by
a subsequent law or implied, when the new law contains provisions
contrary to or irreconcilable with those of the former law.

    3. A law may be repealed by implication, by an affirmative as
well as  by a  negative statute, if the substance is inconsistent
with the old statute. 1 Ham. 10:  2 Bibb, 96;  Harper, 101;  4 W.
C. C. R. 691.

    4. It is a general rule that when a penal statute punishes an
offence by  a certain  penalty,  and  a  new  statute  is  passed
imposing a greater or a lesser penalty, for the same offence, the
former statute is repealed by implication. 5 Pick. 168;  3 Halst.
48;   1 Stew. 506;  3 A. K. Marsh. 70;  21 Pick. 373. See 1 Binn.
601;  Bac. Ab. Statute D 7 Mass. 140.

    5.  By the  common law  when a  statute repeals  another, and
afterwards the repealing statute is itself repealed, the first is
revived. 2 Blackf. 32. In some states this rule has been changed,
as in Ohio and Louisiana. Civ. Code of:Louis. art. 23.

    6.  When a law is repealed, it leaves all the civil rights of
the parties  acquired under  the law unaffected. 3. L. R. 337;  4
L. R. 191;  2 South. 689;  Breese, App. 29;  2 Stew. 160.

    7.  When a  penal statute  is repealed  or so  modified as to
exempt a  class from  its operation,  violations committed before
the repeal  are also  exempted, unless  specifically reserved, or
unless there have been some private right divested by it. 2 Dana,
330;   4 Yeates,  392;  1 Stew. 347;  5 Rand. 657;  1 W. C. C. R.
84;  2 Virg. Cas. 382. Vide Abrogation;  18 Vin. Ab. 118.

    REPERTORY. This word is nearly synonymous with inventory, and
is so  called because  its contents are arranged in such order as
to be easily found. Clef des Lois Rom. h . t.;  Merl. Repertoire,
h. t.


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    2.  In the  French law,  this word  is  used  to  denote  theinventory or  minutes which  notaries are required to make of all
contracts which take place before them. Dict. de Jur. h. t.

    REPETITION,  construction of  wills. A repetition takes place
when the  same testator,  by the  same  testamentary  instrument,
gives to  the same  legatee legacies  of equal  amount and of the
same kind;  in such case the latter is considered a repetition of
the former, and the legatee is entitled to one only. For example,
a testator  gives to  a legatee "30 a year during his life;" and
in another  part of  the will  he gives  to the  same legatee "an
annuity of 3O for his life payable quarterly," he is entitled to
only one  annuity of thirty pounds a year. 4 Ves. 79, 90;  1 Bro.
C. C. 30, note.

    REPETITION,  civil law. The act by which a person demands and
seeks to  recover what  he has paid by mistake, or delivered on a
condition which  has not  been performed. Dig. 12, 4, 5. The name
of an  action which  lies to  recover the  payment which has been
made by mistake, when nothing was due.

    2.  Repetition is  never  admitted  in  relation  to  natural
obligations which  have been voluntarily acquitted, if the debtor
had capacity  to give his consent. 6 Toull. n. 386. The same rule
obtains in  our law.  A person  who has  voluntarily acquitted  a
natural or even a moral obligation, cannot recover back the money
by an  action for  money had  and received,  or any other form of
action. D.  & R. N. P. C. 254;  2 T. R. 763;  7 T. R. 269;  4 Ad.
& Ell.  858;  1 P. & D. 253;  2 L. R. 431;  Cowp. 290;  3 B. & P.
249, note;   2  East, R.  506;  3 Taunt. R. 311;  5 Taunt. R. 36;
Yelv. 41, b, note;  3 Pick. R. 207;  13 John. It. 259.

   3. In order to entitle the payer to recover back money paid by
mistake it  must have been paid by him to a person to whom he did
not owe it, for otherwise he cannot recover it back, the creditor
having in such case the just right to retain the money. Repetitio
nulla est ab eo qui suum recepit.

    4.  How far  money paid  under a  mistake of law is liable to
repetition, has been discussed by civilians, and opinions on this
subject are  divided. 2  Poth. Ob.  by Evans, 369, 408 to 487;  1
Story, Eq. Pl. §111, note 2.

    REPETITION,  Scotch law.  The act  of reading  over a witness
deposition, in  order that  he may adhere to it, or correct it at
his choice.  The same as Recolement, (q. v.) in the French law. 2
Benth. on Ev. B. 3, c. 12, p. 239.

   REPLEADER, practice. When an immaterial issue has been formed,
the court  will order  the parties  to plead  de  novo,  for  the
purpose of obtaining a better issue this is called a repleader.

    2.  In such  case, they  must begin  to replead  at the first
fault. If  the declaration,  plea and replication be all bad, the
parties must  begin de  novo, if the plea and replication be both
bad and  a repleader  is awarded,  it must be as to both;  but if
the declaration  and plea  be good, and the replication only bad,
the parties replead from the replication only.


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    3. In order to elucidate this point, it may be proper to give
an instance,  where the  court awarded a repleader for a fault in
the plea,  which is  the most  ordinary cause  of a repleader. An
action was  brought against hushand and wife, for a wrong done by
the wife  alone, before  the marriage, and both pleaded that they
were not  guilty of  the wrong imputed to them, which was held to
be bad, because there was no wrong alleged to have been committed
by the  hushand, and  therefore a  repleader was awarded, and the
plea made  that the  wife only  was not  guilty. Cro. Jac. 5. See
other instances in:  Hob. 113:  5 Taunt. 386.

    4. The following rules as to repleaders were laid down in the
case of  Staples v.  Haydon, 2  Salk. 579.  First. That at common
law, a  repleader was allowed before trial, because a verdict did
not cure an immaterial issue, but now a repleader ought not to be
allowed till after trial, in any case when the fault of the issue
might be  helped by  the verdict,  or by the statute of jeofails.
Second. That  if a  repleader be allowed where it ought not to be
granted, or  vice versa, it is error. Third. That the judgment of
repleader is  general, quod  partes replacitent,  and the parties
must begin  at the  first fault,  which occasioned the immaterial
issue. Fourth. No costs are allowed on either side. Fifth. That a
repleader cannot  be awarded  after a  default at nisi prius;  to
which may be added, that in general a repleader cannot be awarded
after a  demurrer or  writ of  error, without  the consent of the
parties, but  only after issue joined;  where however, there is a
bad bar,  and a  bad replication, it is said that a repleader may
be awarded  upon a  demurrer;   a repleader  will not  be awarded
where the  court can give judgment on the whole record, and it is
not grantable  in favor of the person who made the first fault in
pleading. See  Com. Dig.  Pleader, R  18;  Bac. Abr. Pleas, M;  2
Saund. 319  b, n. 6;  2 Vent. 196;  2 Str. 847;  5 Taunt. 386;  8
Taunt. 413;   2  Saund. 20;   1  Chit. Pl.  632;  Steph. pl. 119;
Lawes, Civ. Pl. 175.

    5.  The difference  between a  repleader and  a judgment  non
obstante veredicto,  is this;   that when a plea is good in form,
though not  in fact, or in other words, if it contain a defective
title or  ground of defence by which it is apparent to the court,
upon the  defendant's own showing, that in any way of putting it,
he can  have no merits, and the issue joined thereon be found for
him there,  as the  awarding of  a repleader  could not  mend the
case, the  court for  the sake of the plaintiff will at once give
judgment non  obstante veredicto;  but where the defect is not so
much in  the title  as in the manner of stating it, and the issue
joined thereon is immaterial, so that the court know not for whom
to give  judgment, whether  for the plaintiff or defendant, there
for their  own sake  they will  award a  repleader;   a judgment,
therefore, non obstante veredicto, is always upon the merits, and
never granted  but in a very clear case;  a repleader is upon the
form and  manner of  pleading. Tidd's  Pr. 813,  814;   Com. Dig.
Pleader, R 18 Bac. Abr. Pleas, M;  18 Vin. Ab. 567;  2 Saund. 20;
Doct. Plac.  h. t.;  Arch. Civ. Pl. 258;  1 Chit. Pl. 632;  U. S.
Dig. XII.


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   REPLEGIARE, To redeem a thing detained or taken by another, by
putting in legal sureties. See Replevin.

    REPLEVIN, remedies. The name of an action for the recovery of
goods and chattels.

    2.  It will  be proper to consider, 1. For what property this
action will  lie. 2. What interest the plaintiff must have in the
same. 3. For what injury. 4. The pleadings. 5. The judgment.

    3.  - 1. To support replevin, the property affected must be a
personal chattel,  and not  an injury  to the freehold, or to any
matter which  is annexed  to it;   4 T. R. 504;  nor for anything
which has  been turned  into a  chattel by  having been separated
from it  by the  defendant, and  carried away at one and the same
time;   2 Watts,  R. 126;  3 S. & R. 509 6 S. & R. 4761;  10 S. &
R. 114;   6  Greenl. R.  427;  nor for writings which concern the
realty. 1 Brownl. 168.

    4.  The chattel  also must  possess indicia  or ear-marks, by
which it  may be  distinguished  from  all  others  of  the  same
description;   otherwise the  plaintiff would be demanding of the
law what  it has  not in its power to bestow;  replevin for loose
money cannot,  therefore, be maintained;  but it may be supported
for money  tied up  in a  bag, and  taken in  that state from the
plaintiff. 2 Mod. R. 61. Vide 1 Dall. 157;  6 Binn. 2;  3 Serg. &
Rawle, 562;  2 P. A. Browne's R. 160;  Addis. R. 134;  10 Serg. &
Rawle, 114;   4  Dall. Appx.  i.;  2 Watt's R. 126;  2 Rawle's R.
423.

    5.  - 2. The plaintiff, at the time of the caption, must have
been possessed,  or, which amounts to the same thing, have had an
absolute property  in and  be entitled  to the  possession of the
chattel, or  it could  not have  been taken from him. He must, in
other words,  have had a general property, or a special property,
as the bailee of the goods. His right to the possession must also
be continued  down to  the time of judgment pronounced, otherwise
he has  no claim  to the  restoration of  the property. Co. Litt.
145, b.  It has  however, been  doubted whether  on a  more naked
tailment for  safe keeping,  the bailee  can maintain replevin. 1
John. R. 380;  3 Serg. & Rawle, 20.

    6. - 3. This action lies to recover any goods which have been
illegally taken. 7 John R. 140;  5 Mass. R. 283;  14 John. R. 87;
1 Dall.  R. 157;  6 Binn. R. 2;  3 Serg. & Rawle, 562;  Addis. R.
134;   1 Mason,  319;   2 Fairf.  28. The  primary object of this
action, is  to recover  back the  chattel itself, and damages for
taking and detaining it are consequent on the recovery. 1 W. & S.
513;   20 Wend.  172;   3 Shepl.  20. When  the properly has been
restored this  action cannot,  therefore, be  maintained. But the
chattel is considered as detained, not-withstanding the defendant
may have  destroyed it  before the  suit was  commenced;   for he
cannot take advantage of his own wrong.

    7.  - 4.  This being a local action, the declaration requires
certainty in  the description of the place where the distress was
taken. 2  Chit:   Pl. 411,  412;  10 John. R. 53. But it has been


         Bouvier's Law Dictionary : R1 : Page 51 of 139


held in  Pennsylvania, that the declaration is sufficient, if the
taking is laid to be in the county. 1 P. A. Browne's Rep. 60. The
strictness which  formerly prevailed  on this  subject, has  been
relaxed. 2  Saund. 74,  b. When  the distress  has been taken for
rent, the  defendant usually  avows or makes cognizance, in order
to obtain a return of the goods to which avowry or cognizance the
plaintiff pleads  in bar,  or the defendant may, in proper cases,
plead non  cepit, cepit  in alio  loco, guilty.  1 Chit. Pl. 490,
491.

   8. - 5. As to the judgment, Vide article Judgment in Replevin.
Vide, gen-erally,  Bac. Ab.  h. t.;  1 Saund. 347, n. 1;  2 Sell.
Pr. 153;   Doct.  Pl. 414;   Com.  Dig. h. t.;  Dane's Ab. h. t.;
Petersd. Ab.  h. t.;   18  Vin. Ab. 576;  Yelv. 146, a;  1 Chit.,
Pl. 157;   Ham.  N. P.  ch. 3,  p. 372 to 498;  Amer. Dig. h. t.;
Harr. Dig.  h. t.;   Bouv.  Inst. Index, h. t. As to the evidence
required in  replevin, see  Roscoe's Civ.  Ev. 353.  Vide,  also,
article Detinuit.

   REPLEVY. To re-deliver goods which have been distrained to the
original possessor  of them,  on his giving pledges in all action
of replevin.  It signifies  also the  bailing or liberating a man
from prison, on his finding bail to answer. See Replevin.

   REPLIANT. One who makes a replication.

   REPLICATION,   pleading.   The   plaintiff's   answer  to  the
defendant's plea.

    2.  Replications will  be considered, 1. With regard to their
several kinds. 2. To their form. 3. To their qualities.

   3. - §1. They are to pleas in abatement and to pleas in bar.

    4.  - 1. When the defendant pleads to the jurisdiction of the
court, the  plaintiff may reply, and in this case the replication
commences with a statement that the writ ought not to be quashed,
or that  the court  ought not to be ousted of their jurisdiction,
because &c.,  and concludes  to the  country, if  the replication
merely deny  the subject-matter  of the  plea.  Rast.  Entr.  101
Thomps. Entr.  2;   Clift's Entr.  17;   1 Chit.  Pl. 434.  As  a
general rule,  when the  plea is to the misnomer of the plaintiff
or defendant,  or when  the plea consists of matter of fact which
the plaintiff  denies, the  replication  may  begin  without  any
allegation that  the writ or bill ought not to be quashed. 1 Bos.
& Pull. 61.

    5. - 2. The replication is, in general, governed by the plea,
and most  frequently denies  it. When  the plea  concludes to the
country, the  plaintiff must,  in  general,  reply  by  adding  a
similiter;   but when the plea concludes with a verification, the
replication must  either, 1.  Conclude the defendant by matter of
estoppel;  or, 2. May deny the truth of the matter alleged in the
plea, either  in whole  or in part;  or, 3. May confess and avoid
the plea;   or, 4. In the case of an evasive plea, may new assign
the cause of action. For the several kinds of replication as they
relate to  the different forms of action, see 1 Chit. Pl. 551, et
seq.;  Arch. Civ. Pl. 258.


         Bouvier's Law Dictionary : R1 : Page 52 of 139


    6.  - §2. The form of the replication will be considered with
regard to, 1. The title. 2. The commencement. 3. The body. 4. The
conclusion.

    7.  - 1. The replication is usually entitled in the court and
of the  term of  which it  is  pleaded,  and  the  names  of  the
plaintiff and  defendant are  stated in  the margin,  thus  "A  B
against C D." 2 Chit. Pl. 641.

   8. - 2. The commencement is that part of the replication which
immediately follows  the statement  of the title of the court and
term, and  the names  of the  parties. It  varies in form when it
replies to  matter of  estoppel from what it does when it denies,
or confesses  and avoids  the  plea;    in  the  latter  case  it
commences with an allegation technically termed the preclude non.
(q. v.)  It generally  commences with  the words,  "And the  said
plaintiff saith that the said defendant," &c. 1 Chit. Pl. 573.

    9.  - 3. The body of the replication ought to contain either.
1. Matter of estoppel. 2. Denial of the plea. 3. A confession and
avoidance of  it;   or, 4.  In case  of an  evasive plea,  a  new
assignment. 1st. When the matter of estoppel does not appear from
the anterior  pleading, the replication should set it forth;  as,
if the matter has been tried upon a particular issue in trespass,
and found  by the  jury,  such  finding  may  be  replied  as  an
estoppel. 3  East, R.  346;   vide 4 Mass. R. 443. 2d. The second
kind of  replication is  that which denies or traverses the truth
of the  plea, either  in part  or in  whole. Vide Traverse, and 1
Chit. Pl.  576, note a. 3d. The third kind of replication admits,
either in  words or  in effect, the fact alleged in the plea, and
avoids the  effect of  it by stating new matter. If, for example,
infancy be  pleaded, the  plaintiff may reply that the goods were
necessaries, or  that the  defen-dant, after he came of full age,
ratified  and   confirmed  the   promise.  Vide   Confession  and
Avoidance. 4th.  When the  plea is  such as  merely to  evade the
allegation in  the declaration,  the plaintiff in his replication
may reassign it. Vide New Assignment, and 1 Chit. Pl. 601.

    10. - 4. With regard to the conclusion, it is a general rule,
that when  the replication  denies the  whole of  the defendant's
plea, containing  matter of  fact,  it  should  conclude  to  the
country. There  are other  conclusions in particular cases, which
the reader  will find  fully stated  in 1 Chit. Pl. 615, et seq.;
Com. Dig.  Pleader, F 5 vide 1 Saund. 103, n.;  2 Caines' R. 60 2
John. R.  428;   1 John. R. 516;  Arcb. Civ. Pl. 258;  19 Vin. Ab
29;   Bac. Ab. Trespass, I 4;  Doct. Pl. 428;  Beames' Pl. in Eq.
247, 325, 326.

    11. - §3. The qualities of a replication are, 1. That it must
answer so much of the defendant's plea as it professes to answer,
and that if it be bad in part, it is bad for the whole. Com. Dig.
Pleader, F  4, W  2;   1 Saund.  338;  7 Cranch's Rep. 156. 2. It
must not  depart from  the allegations  in the declaration in any
material matter. Vide Departure, and 2 Saund . 84 a, note 1;  Co.
Lit. 304  a. See  also 3  John. Rep.  367;   10 John. R. 259;  14


         Bouvier's Law Dictionary : R1 : Page 53 of 139


John., R.  132;   2 Caines'  R. 320.  3. It must be certain. Vide
Certainty. 4.  It must  be single. Vide U. S. Dig. Pleading, XI.;
Bouv. Inst. Index, h. t.;  Duplicity;  Pleadings.

    REPORT,  legislation. A  statement made  by a  committee to a
legislative assembly,  of facts  of which  they were  charged  to
inquire.

    REPORT, practice. A certificate to the court made by a master
in chancery, commissioner or other person appointed by the court,
of the facts or matters to be ascertained by him, or of something
of which it is his duty to inform the court.

    2.  If the  parties in the case accede to the report, find no
exceptions are filed, it is in due time confirmed;  if exceptions
are filed to the report, they will, agreeably to the rules of the
court, be  heard, and  the report  will either  be confirmed, set
aside, or  referred. back  for the  correction of  some error.  2
Madd. Ch. 505;  Blake's Ch. Pr. 230;  Vin. Ab. h. t.

    REPORTER.  A person employed in making out and publishing the
history of cases decided by the court.

    2.  The act of congress of August 26, 1842, sect., 2, enacts,
that in  the supreme  court of  the United  States, one  reporter
shall be appointed by the court with the salary of twelve hundred
and fifty  dollars;  provided that he deliver to the secretary of
state for  distribution, one  hundred and  fifty copies  of  each
volume of  reports that  he shall  hereafter prepare and publish,
immediately after  the  publication  thereof,  which  publication
shall be  made annually  within four months after the adjournment
of the court at which the decisions are made.

    3.  In some  of the  states the  reporters are  appointed  by
authority of law;  in others, they are volunteers.

    REPORTS.  Law books,  containing a statement of the facts and
law of  each case which has been decided by the courts;  they are
generally the most certain proof of the judicial decisions of the
courts, and  contain the most satisfactory evidence, and the most
authoritative and  precise application of the rules of the common
law. Lit.  s. 514;   Co. Lit. 293 a;  4 Co. Pref.;  1 Bl. Com. 71
Ram. on Judgm. ch. 13.

    2.  The number  of reports  has increased  to an inconvenient
extent, and  should they multiply in the same ratio which of late
they have  done, they  will so  soon crowd  our libraries  as  to
become a  serious evil.  The indiscriminate  re-port of  cases of
every description  is deserving  of censure.  Cases  where  first
principles are  declared to be the law, are reported with as much
care as  those where the most abstruse questions are decided. But
this is  not all;   sometimes two reporters, with the true spirit
of book-making,  report the  same set  of cases,  and thereby not
only  unnecessarily  increase  the  lawyer's  already  encumbered
library,  but   create  confusion   by  the  discrepancies  which
occasionally appear in the report of the same case.


         Bouvier's Law Dictionary : R1 : Page 54 of 139


    3.  The  modern  reports  are  too  often  very  diffuse  and
inaccurate. They  seem too  frequently made up for the purpose of
profit and  sale, much  of the  matter they  contain being either
useless or a mere repetition, while they are deficient in stating
what is really important.

    4. A report ought to contain, 1. The name of the case. 2. The
court in  which it  originated;   and, when  it has been taken to
another by  appeal, certiorari,  or writ  of error,  it ought  to
mention by  whom it  was so taken, and by what proceeding. 3. The
state of the facts, including the pleadings, as far as requisite.
4. The  true point  before the court. 5. The manner in which that
point has been determined, and by whom. 6. The date.

    5.  The following  is believed  to be  a correct  list of the
American and  English Reports;   the  former arranged  under  the
heads of  the respective states;  and the latter in chronological
order. It is hoped this list will be useful to the student.


                     AMERICAN REPORTS.

                      UNITED STATES.

                     1. Supreme Court.

 Dallas' Reports. From August term, 1790, to August term, 1800. 4
vols.

 Cranch's Reports. From 1800 to February term, 1815. 9 vols.

 Wheaton's  Reports. From  February term,  181 to  January  term,
1827, inclusive.

     12 vols.

 Peters' Reports. 16 vols.

 Peters' Condensed Reports of Supreme Court of the United States.
These volumes

     contain condensed reports of all the cases in second, third,
and

     fourth Dallas,  the nine  volumes of  Cranch, and the twelve
volumes of

     Wheaton.

 Howard's Reports. From 1843 to 1852. 11 vols.


         Bouvier's Law Dictionary : R1 : Page 55 of 139


                2. Circuit Courts - First Circuit.

 Gallison's Reports. From 1812 to 1815, inclusive. 2 vols.

 Mason's Reports. From 1816 to 1830, inclusive. 5 vols.

 Sumner's Reports. From 1830 t. 1837. 2 vol.

 Story's Reports. From 1839 to l845. 3 vols.

 Woodbury and Minot's Reports. From 1845 to 1847. 2 vols.



                     Second Circuit.

 Paine's Reports. From 1810 to 1826. 1 vol.



                     Third Circuit.

 Dallas'  Reports. The  second, third  and fourth volumes contain
cases decided in

     this court.  From Washington's  C. C.  Reports. From 1803 to
1827. 4

     vols.

 Peters' C. C. Reports. From 1803 to 1818. 1 vol.

 Baldwin's  Reports. From  Oct. term,  1829, to  April term  1833
inclusive. 1 vol.

 Wallace's  Reports. Include  the cases  of May Sessions, 1801. 1
vol.

 Wallace, Jr's. Reports. 1 vol.



                     Fourth Circuit.

 Marshall's  Decisions. From  1802 to  1832, published  since the
death of Chief

     Justice  Marshall,   from  his   manuscripts,  by   John  M.
Brockenbrough. 2

     vols.



                     Seventh Circuit.

 McLean's Reports. From 182 9 to 1845. 3 vols,


         Bouvier's Law Dictionary : R1 : Page 56 of 139


           3. District Courts - District of New York.

 Van Ness' Reports. I vol.



                  District of Pennsylvania.

 Peters' Admiralty Decisions. From 1792 to 1807. 2 vols.



                  Eastern District of Pennsylvania.

 Gilpin's  Reports. From  Nov. term,  1828, to  Feb. term,  1836,
inclusive. 1 vol.



                  District of South Carolina.

 Bee's Admiralty Reports. From 1792 to 1805. 1 vol.



                    District of Maine.

 Reports  of cases argued and determined in the District Court of
the United  States, for the District of Maine, from 1822 to 1839.
1 vol. Cited Ware's Reports.



                       STATE REPORTS.


                        Alabama.

 Alabama Reports. By Henry Minor. From 1820 to 1826. 1 vol.

 Stewart's Reports. From 1827 to 1831. 3 vols.

 Stewart & Porter's Reports. From 1831 to 1833. 5 vols.

 Porter's Reports. From 1834 to 1839. 9 vols.

 Alabama Reports. From 1840 to 1849. 14 vols.



                        Arkansas.

 Pike's Reports. From 1837 to 1842. 5 vols.


         Bouvier's Law Dictionary : R1 : Page 57 of 139


                       Connecticut.

 Kirby's Reports,. From 1785 to 1788. 1 vol.

 Root's Reports. From 1799 to 1798. 2 vols.

 Day's Reports, From 1802 to 1813. 5 vols.

 Connecticut  Reports. By Thomas Day. From June, 1814 to 1847. 18
vols.



                        Delaware.

 Harrington's Reports. From 1832 to 1847. 4 vols.



                         Florida.

 Florida Reports. From 1846 to 1847. 2 vols.



                         Georgia.

 T. U. P. Chariton's Reports. A Cases decided previous to 1810. 1
vol.

 Dudley's Reports. From 1831 to 1833. 1 vol.

 R. M. Charlton's Reports. From 1811 to 1837. 1 vol.

 Kelly's Reports, 3 vols.

 Georgia Reports. From 1846 to 1849. 6 vols.



                         Illinois.

 Breese's Reports. From 1819 to 1830. 1 vol.

 Scammond's Reports. From 1832 to 1843. 4 vols.

 Gilman's Reports. From 1844 to 1847. 4 vols.



                         Indiana.

 Blackford's  Reports. From May, 1817, to May, 1838, inclusive, 7
vols.


         Bouvier's Law Dictionary : R1 : Page 58 of 139


                          Iowa.

 Green's Reports. 1 vol.



                        Kentucky

 Hughes' Reports. From 1785 to 1801. 1 vol.

 Kentucky Decisions. From 1801 to 1806. 1 vol.

 Hardin's Reports. Fr@m 1805 to 1806. 1 vol.

 Bibb's Reports. From 1808 to 1817. 4 vols.

 A. K. Marshall's Reports. From 1817 to 1821 3 vols.

 Littells Reports. From 1822 to 1824. 6 vols.

 Littells Select Cases. From 1795 to 1821. 1 vol.

 Munro's Reports. From 1824 to 1828. 7 vols

 J. S. Marshall's Reports. From 1829 to 1832 7 vols.

 Dana's Reports. From 1833 to 1840. 9 vols.

 B. Monroe's Reports. From 1840 to 1848. 8 vols.



                        Louisiana.

 Orleans Term Reports. By Martin. From 1809 to 1812. 2 vols in 1.

 Louisiana Term Reports. By Martin, From 1812 to 1823. 10 vols.

 Martin's  Reports, N.  S. (sometimes  cited simply  New Series,)
1823 to 1830. 8 vols.

 The  whole of  Martin's Reports  amount to  twenty volumes;  the
first twelve, namely, the Orleans and the Louisiana Term Reports,
are cited  as Martin's  Reports;   from  the  twelfth,  they  are
sometimes cited  as first,  second, &c., Martin's New Series, and
sometimes simply  New Series.  Louisiana Reports.  19  vols.  The
first five volumes, from 1830 to August term, 1834, and the first
part of  the sixth  volume, are the work of Branch W. Miller. The
remainder were  reported by Mr. Currey, and are continued to June
term, 1839.  The whole  of the  19 volumes  are  cited  Louisiana
Reports. Robinson's Reports. From 1841 to 1843. 12 vols.


         Bouvier's Law Dictionary : R1 : Page 59 of 139


                         Maine.

 By  a resolve  of the  legislature, passed  in 1836, each volume
subsequent to  the third  volume of Fairfield's Reports, shall be
entitled and lettered upon the back thereof, "Maine Reports;" and
the first  volume subsequent  to the  third volume of Fairfield's
shall be numbered the thirteenth Volume of Maine Reports.

     Maine Reports. 26 vols.

 These reports consist of Greenleaf's Reports. From 1820 to 1832.
The first 9

      vols.

 Fairfield's Reports. From 1833 to 1835. The 10th, 11th, and 12th
vols.

 Shepley's  Reports. From  1836 to 18401. The 13th to 18th vols.,
inclusive. 6

     vols.

 Appleton's Reports. The 19th vol. 2 vols.

 Appleton, part of vol. 20.

 Shepley's Reports, part of vol. 20 and vol. 21 to 28, inclusive.
From 1841 to

     1846. 8 vols.



                        Maryland.

 Harris & McHenry's Reports. From 1709 to 1799. 4 vols. Sometimes
cited

     Maryland Reports.

 Harris & Johnson. From 1800 to 1826. 7 vols.

 Harris & Gill. From 1826 to 1829. 2 vols.

 Gill & Johnson. From 1829 to 1840. 12 vols.

 Bland's Chancery Reports. From 1811 to 1832. 3 vols.

 Gill's Reports. From 1813 to 1849. 5 vols.



                      Massachusetts.

 Massachusetts Reports.


         Bouvier's Law Dictionary : R1 : Page 60 of 139


The  first volume  is reported  by Ephraim Williams.  His reports
commenced with  September term, 1804, in Berkshire, and terminate
with June  term, 1805, in Hancock. The 16 volumes from the second
to the  seventeenth, inclusive,  are reported  by  Dudley  Alkins
Tyng, and  embrace from  March term,  1806, in  Suffolk, to March
term, 1822,  in Suffolk.  The reports  of Williams  and Tyng  are
cited Massachusetts Reparts.

 Pickering's Reports. From 1832 to March 1840. 24 vols.

 Metcalf's Reports. From 1840 to 1848. 1 vols.



                         Michigan.

 Harrington's Reports. 1 vol.

 Walker's Chancery Cases. From 1842 to 1845. 1 vol.

 Douglass' Reports. From 1843 to 1847. 2 vols.



                       Mississippi.

 Walker's Reports. From 1818 to 1832. 1 vol.

 Howard's Reports. From 1834 to 1843. 7 vols.

 Smedes & Marshall's Reports. From 1843 to 1849. 12 vols.

 Freeman's Chancery Reports. From 1839 to 1843. 1 vol.

 Smedes & Marshall's Chancery Reports. From 1840 to 1843. 1 vol.



                         Missouri.

 Missouri Reports. From 1821 to 1846. 9 vols.



                      New Hampshire.

 New Hampshire Reports. From 1816 to 1842. 13 vols.

 Nathaniel  Adams reported  cases from  1816 to 1819, which makes
the first  volume  of  N.  H.  Rep.  Levi  Woodbury  and  William
Richardson reported  the cases  from 1819,  to 1823;  and William
Richardson from  1823 to  1832, making the third fourth and fifth
volumes of  N. H.  Rep. They are continued under the direction of
the supreme court, and already make thirteen volumes.


         Bouvier's Law Dictionary : R1 : Page 61 of 139


                       New Jersey.

 Coxes' Reports. From 1790 to 1795. 1 vol.

 Pennington's Reports. From 1806 to 1813. 2 vols.

 Southard's Reports. From 1816 to 1820. 2 vols.

 Halstead's Reports. From 1821 to 1831. 7 vols.

 Green's Reports. From 183@ to 1836. 3 vols.

 Harrison's Reports. From 1837 to 1842. 4 vols.

 Sexton's Chancery Reports. From 1830 to 1832. 1 vol.

 Green's Chancery Reports, 1838 to 1846. 3 vols.

 Spencer's Reports. From 1842 to 1845. 1 vol.

 Halsted's Chancery Reports. From 1845 to 1846. 1 vol.



                         New York.

 Coleman & Caine's Cases. From 1794 to 1805. 1 vol.

 Caine's Reports. From 180,3 to 1805. 3 vols.

 Caine's Cases. For 1804 and 1805. 2 vols.

 Anthon's Nisi Prias Cases. From 1808 to 1818. 1 vol.

 Roger's New York City Hall Recorder. From 1816 to 1821. 6 vols.

 Wheeler's Criminal Cases. 3 vols.

 Hall's Reports. For 1828 and 1829. 2 vols.

 Hoffman's Vice Chancery Reports. From 1839 to 1840. 1 vol.

 Edwards' Vice Chancery Reports. From 1831 to 1842. 3 vols.

 Clarke's Vice Chancery Reports. From 1839 to 1841., 1 vol.

 Johnson's Cases. From 1799 to 1803. 3 vols.

 Johnson's Repoets. From 1806 to 1823. 20 vols.

 Cowen's Reports. From 1823 to 1828. 9 vols,

 Wendell's Reporti. From 1828 to 1841. 26 vols.

 Hill's Reports from 1841 to 1845. 7 vols.


         Bouvier's Law Dictionary : R1 : Page 62 of 139


 John ns &a cery Reparts. From 1814 to 1823. 7 vols.

 Howard's Practice Reports. For 1844 and 1845. 3 vols.

 Denio's Reports. From 1845 to 1847. 5 vols.

 Hopkin's Chancery Reports. From 1823 to 1826. 1 vol.

 Paige's Chancery Reports. From 1828 to 1845. 11 vols.

 Sandford's Vice Chancery Reports. From 1843 to 1846. 3 vols.

 Barbour's Chancery Reports. From 1845 to 1849. 3 vols.

 Barbour's Superior Court. For 1847 and 1848. 4 vols.

 Sandford's Superior Court. For 1847 and 1848. 1 vol.

 Lockwood's Reversed Cases. From 1799 to 1847. 1 vol.

 Comstock's Supreme Court. For 1847 and 1848. 1 vol.



                      North Carolina

 Martin's Reports. 1 vol.

 Heywood's Reports. From 1789 to 1806. 2 vols.

 Taylor's Reports. From 1789 to 1802. 1 vol.

 North  Carolina Term  Reports, (sometimes bound and lettered are
cited as  the third  Law Repository.)  It is  a second  volume of
Reports by  John Louis  Taylor;   it contains  cases from 1816 to
1818. 1 vol.

 Conference  Reports. By  Cameron & Norwood. From 1800 to 1804. 1
vol.

 Murphy's Reports. From 1804 to 1819. 3 vols.

 Carolina Law Repository. From 1813 to 1816. 2 vols.

 Hawks' Reports. From 1820 to 1826. 4 vols.

 Ruin's Reports, (bound with Hawks' Reports.)

 Devereux's Reports. From 1826 to 1834. 4 vols.

 Devereux's Equity Reports. From 1826 to 1834. 2 vols.

 Devereux & Battle's Reports. From 1834 to 1840. 4 vols.

 Deveretlx & Battle's Equity Reports. From 1834 to 1840. 2 vols.

 Iredell's Reports, Law. From 1840 to 1849. 9 vols.


         Bouvier's Law Dictionary : R1 : Page 63 of 139


 Iredell's Reports, Chancery. From 1840 to 1848, 5 vols.



                          Ohio.

 Ohio Reports. 15 vols.

 These  reports are  composed of  Hammond's Reports. From 1821 to
1839. 9 vols.

 Wright's Reports. From 1831 to 1834. 1 vol.

 Wilcox's Reports. From 1840 to 1841. 1 vol.

 Stanton's Reports. From 1841 to 1843. 3 vols.

 Griswold's Reports. From 1844 to 1846. 2 vols.



                       Pennsylvania.

 Dallas' Reports. From 1754 to 1806. 4 vols. Vide Supra.

 Yeates' Reports. From 1791 to 1808. 4 vols.

 Binney's Reports. From 1799 to 1814. 6 vols

 Sergeant & Rawle's Reports. From 1818 to 1829. 17 vols

 Rawle's Reports. trom 1828 to 1835. 5 vols.

 Wharton's Reports. From 1835 to 1841. 6 vols.

 Pennsylvania  Reports, reported  by William  Rawle,  Charles  B.
 Penrose, and Frederick Watts. From 1829 to 1832. 3 vols.

 Watts' Reports. From 1832 to 1840. 10 vols.

 Watts & Sergeant's Reports. 9 vols.

 Browne's Reports. From 1806 to 1814. 2 vols.

 Miles' Reports. For 1835 and 1841. 2 vols.

 Addison's Reports. From 1791 to 1799. 1 vol.

 Ashmead's Reports. From 1808 to 1841. 2 vols.

 Pennsylvania State Reports. By Robert M.

 Barr.  From 1844  to 1849.  10 vols.  1849 to 1850. 2 vol. By J.
 Pringle Jones.


         Bouvier's Law Dictionary : R1 : Page 64 of 139


     1830 to 1852. 4 vols. By Geo. W. Harris.



                       South Carolina.

 Bay's Reports. From 1783 to 1804. 2 vols.

 Dessaussure's  Equity Reports.  From the  Revolution to  1813. 4
vols.

 Brevard's Reports. From 1793 to 1816. 3 vols.

 South Carolina Reports. From 1812 to 1816. 2 vols.

 Nott & M'Cord's Reports. From 1817 to 1820. 2 vols.

 Mills' Constitutional Reports, N. S. For 1817 and 1818. 2 vols.

 Harper's Reports. For 1823 and 1824. 1 vol.

 Harper's Equity Reports. For 1824. 1 vol.

 M'Cord's Reports. From 1820 to 1829. 4 vols.

 M'Cord's Chancery Reports. From 1825 to 1827. 2 vols.

 Bailey's Reports. From 1828 to 1832. 2 vols.

 Bailey's Cbancery. From 1830 to 1831. 1 vol.

 Hill's Reports. From 1833 to 1837. 3 vols.

 Hill's Chancery Reports. For 1838. 2 vols.

 Riley's Chancery Cases. From 1836 to 1887. 1 vol

 Riley's Law Cases. From 1836 to 1837. 1 vol.

 Dudley's Law Reports. From 1837 to 1838 1 vol.

 Dudley's Equity Reports. From 1837 to 1838 1 vol.

 Rice's Reports. Frlom 1838 to 1839. 1 vol.

 Rice's Chancery Reports. From 1838 to 1839. 1 vol.

 Cheves' Reports. From 1839 to 1840. 2 vols.

 McMullan's Chancery. From 1840 to 1842. 1 vol.

 McMullen's Law. FTOM 1835 to 1842. 2 vols.

 Spear's Equity. From 1842 to 1844. 1 vol.

 Spear's Law. For 1843. 2 vols.


         Bouvier's Law Dictionary : R1 : Page 65 of 139


 Richardson's Law Reports. From 1844 to 1847. 3 vols.

 Richardson's Equity Reports. From 1844 to 1846. 2 vols.

 Strobhart's Law Reports. From 1846 to 1848. 3 vols.

 Strobhart's Equity Reports. From 1846 to 1848. 2 vols.

 Statutes at Large, For 1838. 9 vols.



                       Tennessee.

 Tennessee  Reports. From  179i to 1815. 2 vols. These cases were
reported by  John Overton.  They are  cited  Tenn.  Rep.  Cooke's
Reports. From 1811 to 1814.  1 vol.

 Heywood's  Reports. From 1816 to 1818. 3 vols. These volumes are
numbered

     three, four,  and five,  in a  series with  Judge  Heywood's
North

     Carolina Reports, volumes one and two.

 Peck's Reports. From 1822 to 1824. 1 vol.

 Martin & Yerger's Reports. From 1825 to 1828. 1 vol.

 Yerger's Reports. From 1832 to 1837. 10 vols.

 Meigs' Reports. From 1838 to 1839. 1 vol.

 Humphrey's Reports. From 1839 to 1846. 8 vols.


                         Vermont.

 N. Chipman's Reports. From 1789 to 1791. 1 vol.

 Tyler's Reports. From 1801 to 1803. 2 vols

 Brayton's Reports. From 1815 to 1819. 1 vol.

 D.  Chipman's Reports. Containing Select Cases from N. Chipman's
Reports, and cages down to 1825. 2 vols.

 Aiken's Reports. For 1826 and 1827. 2 vols.

 Vermont  Reports. From  1826 to 1846. 18 vols. These reports are
composed of Judges Reports, the first 9 vols.


         Bouvier's Law Dictionary : R1 : Page 66 of 139


 Shaw's Reports. The 10th and part of the 11th vol.

 Watson's  Reports. Part  of 11th,  the whole  of 12th, 13th, and
14th vols.

 Slade's Reports. The 15th vol.

 Washburne's Reports. The 16th, 17th, and 18th vols.



                        Virginia.

 Wythe's Chancery Reports. From 1790 to 1795. 1 vol.

 Washington's Reports. From 1790 to 1796. 2 vols.

 Call's Reports. From 1790 to 1818. 6 vols.

 Henning and Mumford's Reports. From 1806 to 1809. 4 vols.

 Mumford's Reports. From 1810 to 1820. 6 vols. I

 Gilmer's  Reports, (sometimes  cited Virginia  Reports.)  During
1820 and 1821.

     1 vol.

 Randolph's Reports. From 1821 to 1828. 6 vols.

 Leigh's Reports. From 1829 to 1841. 12 vols.

 Jefferson's Reports. From 1730 to 1772. 1 vol.

 Virginia cases. From 1789 to 1826. 2 vols.

 The  first of  these volumes  is  by  Judges  Brockenbrough  and
Holmes, and contains cases decided from 1789 to 1814;  the second
volume is by Judge Brockenbrough, and contains cases decided from
1815 to 1826.

 Robinson's Reports. From 1842 to 1844. 2 vols.

 Grattan's Reports. From 1844 to 1848. 5 vols.



                       Wisconsin.

 Burritt's Reports. 1 Vol.


         Bouvier's Law Dictionary : R1 : Page 67 of 139


                  ENGLISH AND IRISH REPORTS.

 6.  The following  is a  chronological list of English and Irish
contemporary Reports, alphabetically arranged under each reign.



     Henry III. Oct. 19, 1216. Nov. 16, 1272.

 Jenkins, Ex., 4, 19, 21.


     Edward I. Nov. 16, 1272. July 7, 1307.

 Jenkins, Ex., 18, 34.

 Keilwey, K. B. and C. P., 6.

 Year Book, K. B., C. P. and Exchequer, part 1.


     Edward II. July 7, 1307. Jan. 25, 1327.

 Jenkins, Ex., 5, 15, 18.

 Year Book, K. B., C. P;, and Ex., part I.


     Edward III. Jan. 25, 1327., June 21, 1377.

 Benloe, K. B. and C. P., 32.

 Jenkins, Ex., I to 47.

 Keilwey, K. B. and C. P. 1 to 47.

 Year Book' K. B. and C. P., part 2-1 to 10.

 Year Book:  K. B. and C. P., P.,t 3-17, 18, 21 to 28, 38, 89.

 Year Book, K. B. and C. P., part 4-40 to 50.

 Year Book, part 5, Liber Assisarum, 1 to 51.

 Richard II. June 21, 1377. Sept. 29, 1399.

 Bellewe, K. B. and C. P., 1 to 22.

 Jenkins, Ex., I to 22.


         Bouvier's Law Dictionary : R1 : Page 68 of 139


     Henry IV. Sept. 29, 1399. Mar. 20, 1413.

 Jenkins, Ex., 1 to 14.

 Year Book, K. B. and C. P., part 6, 1 to 14.


     Henry V. Mar. 20, 1413. Aug. 31, 1422.

 Jenkins, Ex., 1 to 10.

 Year Book, K. B. and C. P., part 6 - 1, 2, 5, 7 to 10.


     Henry VI. Aug. 31, 1422. Mar. 4, 1461.

 Benloe, K. B. and C. P., 2, 18.

 Jenkins, Ex., I to 39.

 Year  Book, K.  B. and C. P., parts 7 and 8 - 4, 7 to 12, 14, 18
to 22, 27, 28, 30 to 39.


     Edward IV. Mar. 4, 1461. April 9, 1483.

 Jenkins, Ex., 1 to 21.

 Year Book, K. B. and C. P., part 9 - 1 to 22.

 Year Book, K. B., C. P., and Ex., part 10-5.


     Edward V. April 9, 1483. June 22, 1483.

 Jenkins, Ex.

 Year Book, X. B. and C. P., part 11.


     Richard III. June 22, 1483., Aug. 22, 1485.

 Jenkins, Ex., 1, 2. 1

 Year Book, K. B. and C. P., part 11 - 1, 2.



     Henry VII. Aug. 22, 1485. April 22, 1509.

 Benloe, K. B. and C. P. 1.


         Bouvier's Law Dictionary : R1 : Page 69 of 139


 Jenkins, Ex., 1 to 21.

 Keilwey, K. B. and C. P.;  12, 13, 17 to 24.

 Moore, K. B. and C. P., Ex. and Chan., 1 to 2

 Year Book, K. B, and C. P., part 11 - 1 to 16, 20 to 24.



     Henry VIII. April 22, 1509. Jan. 28, 1547.

 Anderson, C. P., 25, &c.

 Benloe, C. P., 1 to 38.

 Benloe, (New), K. B., C. P., and Ex., 22, &c

 Benloe, Keilwey and Ashe, K. B., C. P and Ex.

 Brooke's New Cases, K. B., C. P., and Exchequer.

 Dalison, C. P., 38.

 Dyer, K. B., C. P., Ex. and Chan. 4, &c.

 Jenkins, Ex., 1 to 38.

 Keilwey, K. B. and C. P., 1 to 11, and 21.

 Moore, K. B., C. P., Ex. and Chan., 3.

 Year  Book, K. B., and C. P., part 11-13, 14, 18, 19, 26, 27, 29
to 38.


     Edward VI. Jan, 28, 1547. July 6, 1553.

 Anderson, C. P., 1 to 6.

 Benloe and Dalison, C. P., 2,

 Brooke's New Cases, K. B., C. P. and Ex.

 Benloe (New), K. B., C. P. and Ex. 1 to 6.

 Dyer, K. B., C. P.;  Ex. and Chan. 1 to 6.

 Jenkins, Ex., 1 to 6.

 Moore, K. B., C. P., Ex. and Chan., 1 to 6.

 Plowden, K. B., C. P. and Exchequer, 4 to 6.


         Bouvier's Law Dictionary : R1 : Page 70 of 139


     Mary. - July 6, 1553. Nov. 17, 1558.

 Anderson, C. P., 1 to 6.

 Benloe and Dalison, C P., 1 to 5.

 Benloe in Keilwey and Ashe, K. B., C. P. a Ex., 1 to 5.

 Benloe (New), K. B., C. P. and Ex., 1 to 5.

 Booke's New Cases, K. B., C. P., and Ex., 1 to 5.

 Cary, Chan., 5.

 Dyer, K. B., C. P., Ex. and Chan., 1 to 5.

 Dalison, in Keilwey and Ashe, C. P., 1, 4, 5.

 Jenkins, Ex., 1 to 5.

 Leonard, K. B., C. P., and Ex., 1 to 5.

 Owen, K. B. and C. P., 4, 5.

 Plowden, K. B., C. P. and Ex., I to 5.



      Elizabeth. Nov. 17, 1558. Mar. 24, 1603.

 Anderson, C. P., 1 to 45.

 Benloe in Keilwey and Ashe, K. B., C. P., and Ex., 2 to 20.

 Benloe, K. B., C. P., and Ex., 1 to 17.

 Benloe, C. P., 1 to 21.

 Brownlow and Goldeshorough, C. P., 11 to 45.

 Cary, Chan., 1 to 45.

 Coke, K. B , C. P., Ex. and Chan., 14 to 45.

 Croke, K. B., and C. P., 24 to 45.

 Dalison, C. P., 1 to 16.

 Dalison in Keilwey and Ashe, C. P., 2 to 7.

 Dickens, Chan., a few cases.

 Dyer, K. B. and C. P., 1 to 23.

 Godbolt, K. B., &c., 17 to 45.

 Goldeshorough, K. B., &c., 28 to 31, 39 to 43.


         Bouvier's Law Dictionary : R1 : Page 71 of 139


 Hobart, K. B., &c., a few cases.

 Hutton, C. P., 26 to 38.

 Jenkins, Ex., I to 45.

 Leonard, K. B., C. P. and Ex., 1 to 45.

 Moore, K. B., C. P., Ex. and Chan. 1 to 45.

 Noy. K. B. and C. P., 1 to 45.

 Owen, K. B. and C. P., I to 45.

 Plowden, K. B., C. P. and Ex.

 Popham, K. B., C. P. and Chan., 34, 9

 Savill e, C. P. and Ex., 22 to 36.

 Tothill, Chan., 1 to 45.

 YelveKton, K. B. 44, 45.



     James I. Mar. 24, 1603. Mar. 27, 1625.

 Anderson, C. P., 1.

 Benloe, K. B., C. P., and Ex., 19 to 23.

 Bridgman, C. P , 12 to 19.

 Brownlow and Goldeshorough, C. P., 1 to 23.

 Bulstrode, K. B., 7 to 15.

 Cary, Chan. 1.

 Coke, K. B., C. P, Ex. and Chan., 1 to 13.

 Croke, K. B. and C. P. 1, 23.

 Davis, K. B., C. P. and Ex., 2 to 9.

 Glanville, election before committee of H. C., 21, 22.

 Godbolt, K. B., &c., 1 to 23.

 Hobert, K. B., &c., 1 to 23.

 Hutton, C. P., 10 to 23.

 Jenkins, Ex., 1 to 21.


         Bouvier's Law Dictionary : R1 : Page 72 of 139


 Jones (W.) K. B. and C. P., 18 to 33.

 Lane, Ex., 3 to 9.

 Leonard, K. B., C. P. and Ex., 1 to 12.

 Ley, K. B., C. P., Ex. and Court of Wards, 6 to 23.

 Moore, K. B., C. P., Ex. and Chan., 1 to 18.

 Noy, K. B. and C. P. 1 to 23.

 Owen, K. B. and C. P., 1 to 12.

 Palmer, K. B., 17 to 23.

 Popham, K. B., C. P., and Chan., 15 to 23.

 Reports in Chancery, 13.

 Rolle, K. B., 12 to22.

 Tothill, Chan., 1 to 23.

 Winch, C. P., 19 to 23.

 Yelverton, K. B., 1 to 10.


     Charles I. - Mar. 27, 1625. Jan. 30, 1649.

 Aleyn, K. B., 22 to 24.

 Benloe, K. B., C. P. and Ex., 1 to 3.

 Bulstrode, K. B., 1 to 14.

 Clayton, Pleas of As. York, 7 to 24.

 Croke, K. B. and C. P., 1 to 16

 Godbolt, K. B., &c., 1 to 13.

 Hetley, C. P., 3 to 7.

 Hutton, C. P.. 1 to 14.

 Jones, (W.) K. B. and C. P., 1 to 16.

 Latch, K. B., 1 to 3.

 Ley, K. B., C. P., Ex. and Court of Wards, 1 to 4.

 Littleton, C. P. and Ex., 2 to 7.

 March, K. B. and C. P., 15 to 18.


         Bouvier's Law Dictionary : R1 : Page 73 of 139


 Nelson, Chan., 1 to 24.

 Noy, K. B. and C. P., 1 to 24.

 Palmer, K. B. and C. P., 1 to 4.

 Popham, K.,B., C. P. and Chan., 1, 2.

 Reports in Chancery, 1 to 24.

 Style, K. B., 21 to 24.

 Tothill, Chan., I to 21.


     Charles II. May 29, 1660. Feb. 6, 1685.

 Bridgman, C. P., 1 to 8.

 Carter, C. P., 16 to 27.

 Cases in Chancery, part 1-12 to 30.

 Cases  in Chancery, part 2-26 to 37. Most of these cases in 2 C.
C. are grossly  misreported, said  per  Lord  Loughborough,* 1 H.
 Bl. 332

 Cayton, Pleas of As. York, 1, 2.

 Dickens, Chan., a few cases.

 Finch, Chan., 25 to 32.

 Freeman, K. B., C. P., Ex. and Chan., 22 to 37.

 Hardres, Ex., 7 to 21.

 Jones (Tho.) K. B. and C. P., 19 to 37

 Krebi K. B., 13 to 30.

 Kelyng (Sir J.) Crown Cades and in K. B., 14 to 20.

 Levinz, X. B. and C. P., 12 to 37

 Lutwyche, C. P., 34 to 37.

 Modern, K. B., C. P., Ex. and Chan., vols. 1, 2 - 1 to 29.

 Modern, K. B., C. P., Ex. and Cban., vol. 2 - 26 to 30.

 Modern, K. C., C. P., Ex. and Chan., vol. 3 - 34 to 37.

 Nelson, Chan., 1 to 37.


         Bouvier's Law Dictionary : R1 : Page 74 of 139


 Parker, Ex., 30.

 Pollexfen, K. B., C. P. and Chan., 22 to 37.

 Raymond, (T.) K. B., C. P. and Ex., 12 to 35.

 Reports in Chancery, 1 to 37.

 Saunders, k. B., 18 to 24.

 Select Cases in Chancery, 33.

 Shower, K. B., 30 to 37.

 Siderlin, K. Ii., C. P. and Ex., 9 to 22.

 Skinner, K. B., 33 to 37.

 Style, K. B., I to 7.

 Vaughan, C. P., 17 to 25.

 Ventris, K. B., C. P., Ex. and Chan., 20 to 37.

 Vernon, Chan., 32 to 37,


     James II. Feb. 6, 1685. Feb. 13, 1689.

 Carthew, K. B., 2 to 4. N

 Cases in Chancery, part 2 - 1 to 3.

 Cases of Settlement, K. B., 2 to 4.

 Comberbach,  K. B., 1 to 4. Comberbach is said, by Lord Thurlow,
to be bad authority. 1 Bro. C. C. 97.

 Freeman, K. B., C. P., Ex. lind Chan., 1 to 4.

 Levinz, K. B. and C. P., 1, 2.

 Lutwyche, C. P. 1 to 4. N

 Modern, K B., C. P. and Chan. vol. 3 - 1 to 4.

 Parker, Ex., 3, 4.

 Reports in Chancery, 1 to 3.

 Shower, K. B., 1 to 4.

 Skinner, K. B., 1 to 4.

 Ventris, K. B., C. P., Ex. and Chan., 1 to 4.


         Bouvier's Law Dictionary : R1 : Page 75 of 139


 Vernon, Ch., 1 to 4.



     William III. & Mary. Feb. 13, 1682. Mar. 8, 1702.

 Carthew, K. B., 1 to 12.

 Cases concerning Settlements, X. B., 1 to 14.

 Colles, Parliamentary Cases, 9 to 14.

 Comberbach, K. B., 1 to 10.

 Comyns,  K. B.,  C. P., Ex. Chan. and before the Delegates, 7 to
14.

 Fortescue, K:  B., C. P., Ex. and Chan., 7 to 14.

 Freeman, K B., C. P., I Ex. and Chan., 1 to 14.

 Kelyng, (Sir J.) Crown Canes, and in K. B., 8 to 13.

 Levinz, K. B. and C. P., 1 to 18.

 Lutwyche, C. P., I to 14.

 Modern, K. B,., C. P., Ex. and Chan., vol. 3 - 1, 2.

 Modern, K. B., C. P., Fx- and Chan., vol. 4 - 3 to 7.

 Modern, K. B., C. P., Ex- and Chan., vol. 5 - 5 to 11.

 Modern, K. B., C. 'P., Ex. and Chan., vol. 12 - 2 to 14.

 Parker, Ex., 4 to 13.

 Peere Williams, Chan. and K. B., 7 to 14.

 Precedents in Chancery, 1 to 4.

 Raymond, (Lord) K. B. and C. P., 4 to 14.

 Reports in Chancery, vol. 2-5.

 Reports temp. Holt, K. B., C. P.,Ex. and Chan., 1 to 14.

 Salkeld, K. B., C. P., Ex. and Chair., 1 to 14.

 Select Cases in Chancery, 5,,9.

 Shower, K. B., 1 to 6.

 Skinner, K. B , I to 9.

 Ventris, K. B., C. P., Ex. and Chan., 1, 2.


         Bouvier's Law Dictionary : R1 : Page 76 of 139


 Vernon, Chan., 1 to 14.


     Anne. Mar. 8, 1702. dug. 1, 1714,

 Brown's Parliamentary Cases, 1 to 1.3.

 Banbury, Ex., 12, 13.

 Cases concerning Settlements, K. B., 1 to 13.

 Cases on Practice, C. P., 5 to 13.

 Colles, Parliamentary Cases, 1 to 8.

 Comyns,  K. B., C. P., Ex. Chanc. and before the Delegates, 1 to
13.

 Dickens, Chan., a few cases.

 Fortesque, K. B., C. P., Ex. and Chan., 1 to 13.

 Freeman, K. J3., C. P., Ex. and Chan., 1 to 5.

 Gilbert's Cases in Law an Equity, 12, 13.

 Gilbert, K. B.,.Chan. and Ex., 4 to 43.

 Relyng, (Sir J.) Crown Cases, and in K. B.

 Lutwyche, C. P., 1, 2.

 Modern, K. B., C. P., Ex. and Chan., vol. 6 - 2, 3.

 Modern, K. B., C. P., Ex. and Chan., vol. 7 - 1.

 Modern, K. B., C. P., Ex. and Chan., vol. 10 - 8 to 13.

 Modern, K. B., C. P., Ex. and Chan., vol. 11 - 4 to 8.

 Parker, Ex., 6 to 12.

 Peere Williams, Chan. and K. B., 1 to 13.

 Practical Register, C. P.) 3 to 13.

 Precedents in Chancery, 1 to 13.

 Raymond, (Lord) K. B. and C. P., 1 to 13.

 Reports in Chancery, 4 to 8.

 Reports temp. Holt, 1 to 9.

 Robertson's App. Cases, 5 to 13.


         Bouvier's Law Dictionary : R1 : Page 77 of 139


 Salkeld, K.,B., C. P., Ex. and Chan., 1 to 10.

 Session Cases, K. B., 9 to 13

 Vernon, Chan., 1 to 13.


     George I. Aug. 1, 1714. June 11, 1727.

 Barnardiston,  K. B.,  12, 13.  This book  is said to be "not of
much authority;"  Dougl. 333,  n.;  "of still less authority than
10 Mod.;" Dougl. 669, n;  "a bad reporter." 1, East, 642, n.

 Brown's Parliamentary Cases, 1 to 13.

 Bunbury,  Ex., 1 to 13. Mr. Bunbury never meant that those cases
should be published;  they are very loose notes. 5 Burr. 2568.

 Cases concerning Settlements, K. B., 1 to 13.

 Cases of Practice, C. P., 1 to 13.

 Comyns,  K. B., C. P., Ex. Chanc. and before the Delegates, 1 to
13.

 Dickens, Chan., 1 to 13.

 Fortescue, K.@ B., C. P., Ex. and Chan., 1 to 13.

 Gilbert, K. B., Chan. and Ex., 1 to 12.

 Modern, K. B., C. P., Ex.,and Chan., vols. 8 and 9 - 8 to 12.

 Modern, K. B., C. P.,. Ex., and Chan., vol. 10 - 1 to 11.

 Mosely' Chan., 12, 13.

 Parker, Ex., 4 to 13.

 Peere Williams, Chan. and K. B., 1 to 13.

 Practical Register, C. P., 1 to 13.

 Precedents in Chancery, 1 to 8.

 Raymond (Lord) K. B. and C. P., 1 and 10 to 13.

 Robertson's Appeal Cases, 1 to 13.

 Select Cases in Chan., 10 to 12.

 Sessions Cases, K. B., 1 to 13.

 Strange, K. B., C. P., Ex. and Chan., 2 to 13.


         Bouvier's Law Dictionary : R1 : Page 78 of 139


 Vernon, Chan. 1 to 5.


     George II. June 11, 1727. Oct. 25, 1760.

 Ambler, Chap. and Ex. 11 to 34.

 Andrews, K. B., 11, 12.

 Atkyn's Chan., 9 to 27.

 Barnardiston, C. B., 1 to 7.

 Barnardiston, Chan., 13, 14.

 Barnes, C. P., 5 to 34.

 Belt's Supplement to Vesey, Chan., 20 to 28.

 Blackstone  (Wm.) K. B. and C. P., 20 to 24, and 30 to 34. These
reports are  said not  to be  very accurate,  per Lord Mansfield,
Doug. 92, n.

 Brown's Parl. Cases, 1 to 34.

 Bunbury, Ex., 1 to 14.

 Burrow's K. B., 30 to 34.

 Burrow's Settlement Cases, K. B., 5 to 34.

 Cases of Settlement, K. B., 1 to 5.

 Cases of Practice, K. P., 1 to 20.

 Cases temp. Talbot, Chan. K. B., C. P., 7, 10.

 Comyns, Ex., Chan. and before the Delegates, 1 to 13.

 Cunningham, K. B., 7, 8.

 Dickens,  Chan., 1  to 34.  Mr. Dickens was a very attentive and
diligent

     register;   but his  notes being rather loose, are not to be
considered

     as of very high authority, per Lord Redesdale, 1 Sch. & Lef.
240. Vide

     also Sug. Vend. 146.

 Eden, Chan., 30 to 34.


         Bouvier's Law Dictionary : R1 : Page 79 of 139


 Fitzgibbon, K. B., C. P., Ex. and Chan., 1 to 5.
 Fortescue, 1 to 10.

 Foster, Crown Cases, 16 to 34.

 Kelynge, (W.) K. B.;  C. P. and Chan., 1 to 8.

 Konyon, K. B., &c., 26 to 30.,

 Leach, Crown Cases, 4 to 34.

 Lee, (Sir Geo.) Ecclesiastical, 25 to 32.

 Moseley, Chan., 1 to 3.

 Parker, Fx , 16 to 34.

 Peere Williams, Chan. and K. B., 1 to 8.

 Practical Register, C. P., I to 15.

 Raymond, (Lord) K. B. and C. P., 1 to 6.

 Reports temp. Hardwicke, K. B., 7, 10.

 Robertson's Appeal Cases, a few.

 Sayer, K. B., 25 to 29.

 Select Cases in Chancery, 6.

 Sessions Cases, K. B., 1 to 20.

 Strange, K. B., C. P., Ex. and Chan., 1 to 21.

 Vesey, (sen.) Chan., 20 to 28.

 Willes, C. P., Exch., Chan. and House of Lords. 11 to 32.

 Wilson, K. B., C. P., 16 to 34.


     George III. Oct. 25, 1762. Jan. 29, 1820.

 Acton, Appeal Cases, 49, 50.

 Ambler, Chan. and Ex., 1 to 24.

 Anstruther, Ex., 32 to 37.

 Ball and Beatty, Irish Chan., 47 to 54.

 Barnewell and Alderson, K. B., 58 to 60.

 Blackstone, (Sir W.) K. B. and C.,P., 1 to 20.


         Bouvier's Law Dictionary : R1 : Page 80 of 139


 Blackstone, (H.) C. P. and Ex. Chamb., 28 to 36.

 Bligh, Appeal Cases, 59, 60.

 Bosanquet and Puller, C. P., and Exch. Chamb., to 47.

 Bott, Settlement Cases, 1 to 60.

 Broderip and Bingham, C. P., 59, 60.

 Brown, Chancery, 18 to 34.

 Brown, Parl. Cases, 1 to 40.

 Buck, Bankruptcy, 57 to 60.

 Burrow, K. B., 1 to 12.

 Burrow, Settlement Cases, K. B., 1 to 16.

 Caldecot, Settlement Cases, K. B., 17 to 26.

 Campbell, Nisi Prius, K. B., C. P., and Home Circuit, 48 to 56.

 Cases of Practice, K. B., 1 to 14.

 Chitty, K. B., 47 to 60.

 Cooper, Chan., 55.

 Corbet and Daniel, Election Cases.

 Cowper, K. B., 14 to 18.

 Cox, Chan., 23 to 36.

 Daniell, Ex., 57 to 60.

 Dickens, Chan., I to 38.

 Dodson, Admiralty, 51 to 57.

 Douglas, K. B., 19 to 25.

 Dow, H. of Lords, 53 to 58.

 Durnford and East, K. B., 26 to 40.

 East, K. B., 41 to 52.

 Edwards, Admiralty, 48, 49.

 Eden, Cban., 1 to 7.

 Espinasse, Nisi Prius, K. B., C. P. and Home Circuit, 33 to 47.


         Bouvier's Law Dictionary : R1 : Page 81 of 139


 Forrest, Ex., 41@

 Fraser, Elec., H. Com. 32.

 Gow, Nisi Prius, C. P., 59, 60.

 Haggard, Consistory Court, 29 to 60.

 Holi, Nisi Prius, C. P. and North Circuit, 55 to 18.

 Jacob & Walker, Chan., 60.

 Kenyon, K. B., &c.

 Leach's Crown Cases, 1 to 55.

 Lofft, K. B., C. P. and Chan., 12 to 14.

 Luders, Election Cases, 25 to 30.

 Mariott, Admiralty, 16 to 19.

 Marshall, C. P., 54 to 57.

 Maddock, Vice Chan., 55 to 60.

 Maule & Selwyn,, K. B., 53 to 57

 Merivate, Chan., 57 to 58.

 Moore, C. P., 57 to 60.

 Nolan, K. B., 32 to 34.

 Parker, Ex., 1 to 7.

 Peake, Nisi Prius, K. B., 30 to 35.

 Peckwell, Election Cases, 45,46.

 Phillimore, Ecclesiastical, 49 to 60.

 Price, Ex., 54 to 60.

 Robinson, Admiralty, 39 to 48.

 Rose, Bankruptcy 50 to 56.

 Russell & Ryan, Crown Cases, 39, &c.

 Schoales & Lefroy, Irish Chan., 42 to 44.

 Smith, K. B. and Chan., 44 to 46.

 Starkie, Nisi Prius, K. B., C. P. and North Cir., 5 to 60.

 Swanston, Chan., 58 to 60.


         Bouvier's Law Dictionary : R1 : Page 82 of 139


 Taunton, C. P., 48 to 58.

 Vesey, jun., Chan., 29 to 52.

 Vesey & Beames, dhan., 52 to 54.

 Wightwick, Ex., 50, 51.

 Wilson, K. B. and C. .P., 1 to 14.

 Wilson, Chan., 58 to 60.

 Wilson;  Ex., 57.


     George IV. Jan. 29, 1820, June 26, 1830.

 Addams, Eccl. 2 to 6.

 Barnwell & Alderson, K. B., 1 to 3.

 Barnewall & Cresswell, K. B., 3 to 10.

 Adolphus, K. B., 10, &c.

 Batty, K. B., (Ireland) 5 & 6.

 Beitty, Chan., (do.) 7 & 8.

 Bingham, C. P., 3, &c.

 Bligh, H. of Lords, 1, &c.

 Bott, Settlement Cases, 1 to 7.

 Broderip & Bingham, C. P., 1 to 3.

 Carrington & Payne, N. P., 4, &c.

 Chitty, K. B., 1 to 3.

 Cresswell, Insolvent, 7 to 9.

 Daniell, Exchequer.

 Danson & Lloyd, Mercantile Cases, 8, 9.

 Dowling & Ryland, 2 to 7.

 Fox & Smith, K. B., (Ireland) 3 to 5.

 Glyn & Jameson, Bankruptcy.

 Haggard, Eccles. 7 to 10.


         Bouvier's Law Dictionary : R1 : Page 83 of 139


 Hogan, Rolls, (rreland) 6 & 7.

 Hudson & Brooke, K. B., (Ireland) 7 to 11.

 Jacob & Walker, Chan., 1, 2.

 Jacob, Chan., 2, 3.

 Lloyd & Welshy, Mercantile Cases, 10, &c.

 Maddock, Vice-Chan., I to 3.

 Manning & Ryland, K. B., 7 to 9.

 Molloy, Chan., (Ireland) 7 to 11.

 Moody & Malkin, N. P., 7, &c.

 Moore, C. P., 1 to 7.

 Moore & Payne, C. P., 7, &c.

 Phillimore, Eccles., 1, 2.

 Price, Exchequer, 1, &c.

 Russell & Ryan, Cro. Cases, 1 to 3.

 Russell, Chan., 6 &c.

 Russell & Mylne, 9, &c.

 Ryan & Moody, N. P., 4 to 7.

 Ryan & Moody, Cro. Cases, 4 to 10.

 Simon & Stuart, Vice-Chan., 2 to 7.

 Simons, Vice-Chan., 7 &c.

 Smith & Batty, K B., (Ireland) 4, & 5

 Starke, N. P., 1 &c.

 Turner, Chan., 3, &c.

 Younge & Jervis, Ex., 7, &c.

 Younge, Ex. Eq., 11, &C.


     William IV. June 26, 1830. June 20, 1837.

 Adolphus & Ellis, K. B., 4 to

 Barnewell & Adolphus, X. B., 1 to 3.


         Bouvier's Law Dictionary : R1 : Page 84 of 139


 Bingham, C. P., 1 to

 Bligh, H. of Lords, 1 to

 Carrington & Payne' N. P., 1 to

 Clark & Finnelli, 2 to

 Cockburn & Rowe, 3.

 Crompton & Jervis, Exch., 1 & 2,

 Crompton & Meeson, Exch., 3 & 4,

 Crompton, Meeson & Roscoe, Ech., 4 to 6.

 Curteis, 5 to

 Deacon & Chitty, Bankruptcy, 2 to 5.

 Deacon, Bankruptcy, 6 to

 Dow & Clarke, H. of Lords, 1 to

 Dowling, Practice, Cases, 1 to

 Haggard, Ecclesiastical, 1 to

 Haggard, Admiralty, 1 to

 Hayes, Exch., (Ireland) 1 to 3.

 Knapp, Appeal Cases, 1 to

 Knapp & Ombler, Election Cases, 5 to

 Lloyd & Goold, Irish Chan., 5 to

 Manning & Ryland, K. B., 1 to

 Meeson & Welshy, 6.

 Montagu & Bligh, Bankruptcy, 2 & 3.

 Montagu & Ayrton, Bankruptch, 3 to

 Moody & Malkin, N. P., 1 to

 Moore & Payne, C. P., 1 to

 Moore & Scott, C. P., 1 to

 Mylne & Craig.

 Mylne & Keen, Chan., 3 to


         Bouvier's Law Dictionary : R1 : Page 85 of 139


 Neville & Manning, K. B., 3

 Perry & Knapp, election Cases, 3 to 5.

 Russell & Mylne, Chan., 1 to 3.

 Scott, C. P., 5 tyo

 Simons, Vice-Chan. 1 to

 Tamlyn, Rolls, 1 to

 Tyrwhitt, Exch., 1 to

 Tyrwhitt & Granger.

 Wilson & Shaw. H. of Lords, 1 to

 Wilson & Courtenay, H. of Lords, 2 to

 Younge, Equity Exch., 1 to

 Younge & Collyer, Equity Exch., 4,to


     Victoria. June 20, 1837.

 Adolphus & Ellis, K. B.

 Adolphus & Ellis, New Series.

 Alcock & Napier, K. B., (Ireland)

 Alcock's REgistry Cases.

 Armstrong & Mercartney, N. P. (Ireland)

 Baron & Austin, Election Cases.

 Baron & Arnold, Election Cases.

 Beavan, Rolls Court.

 Bells, Appeal Cases to H. of L., (Ireland)

 Bell, Murray, Young & Tennent, Session Cases, (Ireland)

 Brown, High Court of Justiciary, (Ireland.)

 Bingham, C. P., 1 to

 Bligh, House of Lords.

 Bligh, New Series.

 Carrington & Kirwan, N. P.


         Bouvier's Law Dictionary : R1 : Page 86 of 139


 Carrington & Marshman, N. P., C. P. and Exch.

 Carrington & Payne, N. P., Q. P., C. P. Exch.

 Carrow, Hammerton & Allen, Magistrates' Cases.,

 Clark & Finnelly, H. of Lords.

 Collyer, Chancery.

 Connor & Lawson, Chancery, (Ireland.)

 Cooper, Chancery Practice Caset.

 Cooper tempore Brougham, Chancery.

 Craig & Phillips, Chancery.

 Crawford & Dix, Abridged Cases in all the Courts, (Ireland.)

 Crawford & Dix, Circuit Cases, (Ireland)

 Curtis, Ecclesiastical.

 Davison & Manning, Q. B.

 Deacon, Bankruptcy.

 Denison, Crown Cases, reserved.

 De Gex & Smales, Chancery.

 Dow & Clark, H. of L.

 Dowling & Lowndes, Points of Practice.

 Dowling, Practice Cases

 Dowling, New Series.

 Drury & Walsh, Chancery, (Ireland)

 Drury & Warren, Chancery, (Ireland)

 Dunlap, Bell, Murray, Sessions Cases, (Ireland)

 Dunlap, BeIl, Murray & Donaldson, Sessions cases, (Ireland.)

 Exchequer Reports, by Welshy, Hurstone & Gordon.

 Falconer & Fitzherbert, Election.

 Flanagan & Kelle, Rolls, (Ireland.)

 Gale & Davison, K. B.


         Bouvier's Law Dictionary : R1 : Page 87 of 139


 Haggard, Admiralty,

 Hare, Chancery.

 Jebb & Bourke, Q. B., (Ireland.)

 Jebb & Symes, K. B., (Ireland.)

 Jones & Latouche, Q. B., (Ireland.)

 Jones Exchequer, (Ireland.)

 Jones & Carey, Exchequer, (Ireland.)

 Keen, Rolls.

 Law Recorder, in all the Courts, (Ireland.)

 Longfield & Townsend, Exch., (Ireland.)

 McLean & Robinson, H. of L (Ireland.)

 Manning & Granger, C. P.

 Manning, Granger & Scott, C. P.

 Meeson & Welshy, Exch.

 Montagu & Ayrton, Bankruptcy.

 Montagu & Chitty, Bankruptcy.

 Montagu, Deacon & De Gex, Bankruptcy.

 Montagu & Neale, Election.

 Moody, N. P. and Crown Cases.

 Moodv & Robinson, Nisi Prius.

 Moore, Appeal Cases.

 Moore, East India Appeals.

 Moore, Privy Council.

 Mylne & Craig, Chancery.

 Neville & Perry, K. B.

 Perry & Davidson, K. B.,

 Phillips, Chancery.

 Robinson, Admiralty.

 Robinson, House of Lords.


         Bouvier's Law Dictionary : R1 : Page 88 of 139


 Sausse & Scully, Rolls, (Ireland.)

 Scott, C. P.

 Scott, New Series.

 Shaw & Maclean, House of Lords.

 Smyth;  C. P., (Ireland.)

 Simons, Vice-Chancellor.

 Welsh, Registry Cases, (Ireland.)

 West, Parl. Reports.

 Younge & Collyer, Equity Ex.



    REPRESENTATIVE.  One who  represents or  is in  the place  of
another.

    2.  In legislation,  it signifies  one who has been elected a
moraber of  that branch  of the  legislature called  the house of
representatives.

    3.  A representative of a deceased person, sometimes called a
"personal representative,"  or legal personal representative," is
one who  is executor  or administrator of the person described. 6
Madd. 159;  5 yes. 402.

    REPRESENTATIVE  DEMOCRACY. A  form of  government  where  the
powers of the sovereignty are delegated to a body of men, elected
from time to time, who exercise them for the benefit of the whole
nation. 1 Bouv. Inst. n. 31.

    TO  REPRESENT. To  exhibit;   to expose  before the eyes:  to
represent a thing is to produce it publicly. Dig. 10, 4, 2, 3.

    REPRESENTATION,  insurances. A representation is a collateral
statement, either  by writing  not inserted  in the policy, or by
parol, of  such facts  or circumstances  relative to the proposed
adventure,  as   are  necessary   to  be   communicated  to   the
underwriters, to enable them to form a just estimate of the risk.

      2.  A  representation,  like  a  warranty,  may  be  either
affirmative, as  where the  insured avers  the existence  of some
fact or  circumstance which  may affect the risk;  or promissory,
as where he engages the performance of, something executory.

   3. There is a material difference between a representation and
a warranty.

   4. A warranty, being a condition upon which the contract is to
take effect,  is always  a part  of the  written policy, and must


         Bouvier's Law Dictionary : R1 : Page 89 of 139


appear on  the face  of it.  Marsh. Ins.  c.  9,  §2.  Whereas  a
representation is  only a  matter of  collateral  information  or
intelligence on  the subject  of the voyage insured, and makes no
part of the policy. A warranty being in the nature of a condition
precedent, must  be strictly and literally complied with;  but it
is sufficient if the representation be true in substance, whether
a warranty be material to the risk or not, the insured stakes his
claim of  indemnity upon  the precise  truth  of  it,  if  it  be
affirmative, or  upon the  exact performance of it, if executory;
but it  is sufficient  if a representation be made without fraud,
and  be   not  false   in  any   material  point,  or  if  it  be
substantially, though  not literally, fulfilled. A false warranty
avoids the  policy, as being a breach of the condition upon which
the contract  is to  take effect;   and the insurer is not liable
for any loss though it do not happen in consequence of the breach
of the  warranty;   a false  representation is  no breach  of the
contract, but  if material,  avoids the  policy on  the ground of
fraud, or  at least  because the  insurer has  been misled by it.
Marsh. Insur.  B. 1,  c. 10,  s. 1;  Dougl. R. 247:  4 Bro. P. C.
482.

   See 2 Caines' R. 155;  1 Johns. Cas. 408;  2 Caines' Cas. 173,
n.;   3 Johns.  Cas. 47;   1  Caines' Rep. 288;  2 Caines' R. 22;
Id. 329;    Sugd.  Vend.  6;    Bouv.  Inst.  Index,  h.  t.  and
Concealment;  Misrepresentation.

    REPRESENTATION,  Scotch law.  The name of a plea or statement
presented to  a lord  ordinary of the court of sessions, when his
judgment is brought under review.

    REPRESENTATION  OF PERSONS;  A fiction of the law, the effect
of which  is to  put the  representative in the place, degree, or
right of the person represen-ted.

    2.  The heir  represents his  ancestor. Bac.  Abr.  Heir  and
Ancestor, A.  The devisee,  his  testator;    the  executor,  his
testator;   the administrator,  his intestate;   the successor in
corporations, his  predecessor. And  generally speaking  they are
entitled to  the rights  of the  persons whom they represent, and
bound to  fulfil the  duties and  obligations, which were binding
upon them in those characters.

    3. Representation was unknown to the Romans, and was invented
by the commentators and doctors of the civil law. Toull. Dr. Civ.
Fr. liv. 3, t. 1, c. 3, n. 180. Vide Ayl. Pand. 397;  Dall. Diet.
mot Succession, art. 4, §2.

    REPRIEVE,  crim. law  practice. This  term  is  derived  from
reprendre, to  take back,  and signifies  the  withdrawing  of  a
sentence for  an interval  of time,  and  operates  in  delay  of
execution. 4  Bl. Com.  394. It  is granted  by the  favor of the
pardoning power, or by the court who tried the prisoner.

    3. Reprieves are sometimes granted ex necessitate legis;  for
example, when  a woman  is convicted  of a capital offence, after
judgment she  may allege  pregnancy in  delay  of  execution.  In
order, however,  to render  this plea available she must be quick


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with child,  (q. v.)  the law presuming, perhaps absurdly enough,
that before  that period, life does not commence in the foetus. 3
Inst. 17;  2 Hale, 413;  1 Hale, 368;  4 Bl. Com. 395.

    4.  The judge  is also  bound to  grant a  reprieve when  the
prisoner becomes  insane. 4  Harg. St.  Tr. 205,  6;   3 Inst. 4;
Hawk B. 1, c. 1, s. 4;  1 Chit. Cr. Law, 757.

    REPRIMAND,  punishment. The  censure which  in some  cases  a
public office pronounces against an offender.

   2. This species of punishment is used by legislative bodies to
punish their  members or  others who  have been  guilty  of  some
impropriety of  conduct towards  them. The  reprimand is  usually
pronounced by the speaker.

    REPRISALS,  war. The  forcibly taking  a thing  by one nation
which belonged to another, in return or satisfaction for a injury
committed by  the latter  on the  former. Vatt. B., 2, ch. 18, s.
342;  1 Bl. Com. ch. 7.

    2.  Reprisals are  used  between  nation  and  nation  to  do
themselves  justice,   when  they  cannot  otherwise  obtain  it.
Congress have  the power  to grant  letters of marque (q. v.) and
reprisal. Const. art. 1, s. 8 cl. 11.

    3. Reprisals are made in two ways either by embargo, in which
case the  act is that of the state;  or, by letters of marque and
reprisals, in  which  case  the  act  is  that  of  the  citizen,
authorized by the government. Vide 2 Bro. Civ. Law, 334.

    4. Reprisals are divided into negative, when a nation refuses
to fulfil  a perfect  obligation, which  it has contracted, or to
permit another state to enjoy a right which it justly claims;  or
positive, when  they consist  in seizing  the persons and effects
belonging to the other nation, in order to obtain satisfaction.

    5.  They are also general or special. They are general when a
state which  has received,  or supposes it has received an injury
from another  nation delivers  commissions to  its  officers  and
subjects to  take the persons and property belonging to the other
nation, in retaliation for such acts, wherever they may be found.
It usually  amounts to a declaration of war. Specia reprisals are
such as  are granted in times of peace, to particular individuals
who have  suffered an injury from the citizens or subjects of the
other nation.  Bynker. Quaest.  Jur. Pub.  lib. 1,  Duponce, au's
Translation, p. 182, note;  Dall. Diet. Prises maritimes, axt. 2,
§5.

   6. The property seized in making reprisals is preserved, while
there is  any hope  of obtaining satisfaction or justice, as soon
as that hope disappears, it is confiscated, and then the reprisal
is complete. Vattel, B. 2, c. 18, §342.

   REPRISES. The deductions and payments out of lands, annuities,
and the  like, are  called reprises, because they are taken back;
when we  speak of  the clear yearly value of an estate, we say it
is worth so much a year ultra reprises, besides all reprises.


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    2.  In Pennsylvania,  lands are not to be sold when the rents
can pay the encumbrances in seven years, beyond all reprises.

    REPROBATION,  eccl. law.  The propounding  exceptions  either
against facts,  persons or  things;   as, to  allege that certain
deeds or  instruments have  not been  duly and lawfully executed;
or that  certain persons  are such  that they  are incompetent as
witnesses;  or that certain things ought not for legal reasons to
be admitted.


    REPUBLIC.  A commonwealth;   that form of government in which
the administration  of affairs  is open  to all  the citizens. In
another sense,  it signifies the state, independently of its form
of government.  1 Toull.  n. 28, and n. 202, note. In this sense,
it is  used by  Ben Johnson.  Those that,  by their deeds make it
known, whose  dignity they  do sustain;   And life, state, glory,
all they  gain, Count  the Republic's,  not their  own, Vide Body
Politic;  Nation;  State.

   REPUBLICAN GOVERNMENT. A government in the republican form;  a
government of  the people;   it is usually put in opposition to a
monarchical or aristocratic government.

      2.  The  fourth  section  of  the  fourth  article  of  the
constitution, directs  that "the  United States shall guaranty to
every state  in the  Union a  republican form of government." The
form of  government is  to be  guaranteed, which  supposes a form
already  established,   and  this   is  the  republican  form  of
government the  United States  have undertaken  to  protect.  See
Story, Const. §1807.

    REPUBLICATION. An act done by a testator from which it can be
concluded that  be intended  that an  instrument which  had  been
revoked by  him, should  operate as  his will;    or  it  is  the
re-execution of  a will by the testator, with a view of giving it
full force and effect.

   2. The republication is express or implied. It is express when
there has  been an  actual re-execution  of it;   1  Ves. 440;  2
Rand. R.  192;  9 John, R. 312;  it is implied when, for example,
the testator  by a  codicil executed  according to the statute of
frauds, reciting  that he  had made  his will,  added, "I  hereby
ratify and  confirm my said will, except in the alterations after
mentioned." Com.  R. 381.;  3 Bro. P. C. 85, The will might be at
a distance,  or not  in the  power of the testator, and it may be
thus republished.  1 Ves.  437;  3 Bing. 614;  1 Ves. jr. 486;  4
Bro. C. C. 2.

    3.  The republication of a will has the effect;  1st. To give
it all the force of a will made at the time of the republication;
if, for  example, a testator by his will devise "all his lands in
A," then  revokes his will, and afterwards buys other lands in A,
the republication,  made after  the purchase,  will pass  all the
testator's lands  in A. Cro. Eliz. 493. See 1 P. Wms. 275. 2d. It
sets up  a will  which had  been revoked. See, generally, 2 Hill.
Ab. 509;  3 Lomax, Dig. tit. 28, c. 6;  2 Bouv. Inst. n. 216 4.


         Bouvier's Law Dictionary : R1 : Page 92 of 139


    TO  REPUDIATE. To  repudiate a  right  is  to  express  in  a
sufficient manner,  a determination  not to accept it, when it is
offered.

   2. He who repudiates a right cannot by that act transfer it to
another. Repudiation  differs from  renunciation in this, that by
the former  he who  repudiates simply  declares that  he will not
accept, while  he who  renounces a  right does  so  in  favor  of
another. Renunciation  is however  sometimes used in the sense of
repudiation. See To Renounce;  Renunciation;  Wolff, Inst. 339.

   REPUDIATION. In the civil law this term is used to signify the
putting away of a wife or a woman betrothed.

    2.  Properly divorce  is used  to point out the separation of
married persons;  repudiation, to denote the separation either of
married people,  or those  who are  only affianced. Divortium est
repudium  et  separatio  maritorum;    repodium  est  renunciatio
sponsalium, vel  etiam  est  divortium.  Dig.  50,  16,  101,  1.
Repudiation is  also used  to  denote  a  determination  to  have
nothing to  do with any particular thing;  as, a repudiation of a
legacy, is  the abandonment of such legacy, and a renunciation of
all right to it.

    3.  In the  canon law, repudiation is the refusal to accept a
benefice which has been conferred upon the party repudiating.

       REPUGNANCY,  contracts.  That  which  in  a  contract,  is
inconsistent with  something already  contracted for;    as,  for
example, where  a man  by  deed  grants  twenty  acres  of  land,
excepting one,  this latter  clause is  repugnant, and  is to  be
rejected. But  if a  farm or tract of land is conveyed by general
terms, in  exception of  any number  of acres,  or any particular
lot, it  is not  repugnant, but  valid. 4 Pick. 54;  Vide 3 Pick.
272;  6 Cowen, 677.

    REPUGNANCY,  pleading. Where  the material  facts stated in a
declaration or  other pleading, are inconsistent one with another
for example,  where in  an  action  of  trespass,  the  plaintiff
declared for  taking and  carring away certain timber, lying in a
certain place,  for the  completion of a house then lately built;
this declaration  was considered  bad, for  repugnancy;   for the
timber could  not be for the building of a house already built. 1
Salk. 213.

    2.  Repugnancy  of  immaterial  facts,  and  what  is  merely
redundant, and  which need  not have  been put into the sentence,
and contradicting  what was before alleged, will not, in general,
vitiate the  pleading. Gilb.  C. P.  131;   Co. Litt.  303 b;  10
East, R.  142;   1 Chit.  Pl. 233. See Lawes, Pl. 64;  Steph. Pl.
378;   Com. Dig. Abatement H 6;  1 Vin. Ab. 36;  19 Id. 45;  Bac.
Ab. Amendment, &c. E 2 Bac. Ab. Pleas, Ac. I 4 Vin. Ab. h. t.

    REPUGNANT.  That which  is contrary  to something  else;    a
repugnant condition  is one contrary to the contract itself;  as,
if I  grant you  a house  and lot in fee, upon condition that you
shall not  aliens, the  condition is repugnant and void. Bac. Ab.
Conditions, L.


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    REPUGNANT  CONDITION. One  which is  contrary to the contract
itself;   as, if  I grant  you a  house  and  lot  in  fee,  upon
condition that  you shall  not aliens, the condition is repugnant
and void, as being consistent with the right granted.

    REPUTATION,  evidence. The  opinion generally  entertained by
persons who  know  another, as to his character, (q. v.) or it is
the opinion  generally entertained  by person;  who know a family
as to its pedigree, and the like.

    2.  In general, reputation is evidence to prove, 1st. A man's
character in  society.  2d.  A  pedigree.  (q.  v.)  3d.  Certain
prescriptive or  customary rights  and obligations and matters of
public notoriety.  (q. v.)  But as  such evidence  is in  its own
nature very  weak, it  must be supported. 1st. When it relates to
the exercise  of the  right or  privilege, by  proof of  acts  of
enjoyment of such right or privilege, within the period of living
memory;   1 Maule  & Selw. 679;  5 T. R. 32;  afterwards evidence
of reputation  may be  given. 2d.  The fact  must be  of a public
nature. 3d.  It must  be derived  from persons likely to know the
facts. 4th.  The facts  must be general and, not particular. 5th.
They must  be free  from suspicion. 1 Stark. Ev. 54 to 65. Vide 1
Har. &  M'H. 152;   2 Nott & M'C. 114 5 Day, R. 290;  4 Hen. & M.
507;  1 Tayl. R. 121;  2 Hayw. 3;  8 S. & R. 159;  4 John. R. 52;
18 John.  R. 346;   9  Mass. R.  414;  4 Burr. 2057;  Dougl. 174;
Cowp. 594;   3  Swanst. 400;   Dudl.  So. Car. R. 346;  and arts.
Character;  Memory.

    REQUEST,  contracts. A  notice of a desire on the part of the
person making  it, that  the other  party shall  do something  in
relation to a contract.

    2. In general when a debt exists payable immediately, the law
does not impose on the creditor to make a request of payment. But
when by  the express terms of a contract, a request is necessary,
it must  be made.  And in  some cases  where there  is no express
agreement a  request is also requisite;  as where A sells a horse
to B  to be  paid for on delivery, a demand or request to deliver
must be  made before  B can  sustain an  action;  5 T. R. 409;  1
East, 209;  or, it must be shown that A has incapacitated himself
to deliver  the horse  because he  has sold  the horse to another
person. 10  East. 359;   5  B. &  A. 712. On a general promise to
marry, a  request must be made before action, unless the proposed
defendant has married another. 2 Dow. & Ry. 55. Vide Demand.

    3. A request, like a notice, ought to be in writing and state
distinctly what  is required  to be  done without  any  ambiguous
terms. 1 Chit. Pr. 497, 498.

       REQUEST,   pleading.  The  statement  in  the  plaintiff's
declaration that  a demand  or  request  has  been  made  by  the
plaintiff from  the defendant,  to do some act which he was bound
to perform, and for which the action is brought.


         Bouvier's Law Dictionary : R1 : Page 94 of 139


    2.  A request is general or special. The former is called the
licet saepius requisitus, (q. v.) or "although often requested so
to do;"  though generally  inserted in  the common  breach to the
money counts,  it is of no avail in pleading, and the omission of
it will  not vitiate  the declaration.  2 Hen. Bl. 131;  1 Bos. &
Pull. 59, 60;  and see 1 John. Cas. 100. Whenever it is essential
to the  cause of action, that the plaintiff should have requested
the defendant  to perform  his contract,  such  request  must  be
stated in  the declaration  and proved.  The special request must
state by  whom, and the time and place when it was made, in order
that the  court may  judge of  its sufficiency. 1 Str. 89. , Vide
Com. Dig.  Pleader, C 69, 70;  1 Saund. 33;  2 Ventr. 75;  3 Bos.
& Pull.  438;   3 John.  R. 207;   1 John. Cas. 319;  10 Mass. R.
230;   3 Day's  R. 327;   and the articles Demand;  Licet saepius
requisitus.

    REQUEST  NOTES, Engl.  law. Certain  notes or  requests  from
persons amenable  to the  excise laws,  to obtain  a  permit  for
removing any  excisable goods  or  articles  from  one  place  to
another.

   REQUISITION. The act of demanding a thing to be done by virtue
of some  right. 2. The constitution of the United States, art. 4,
s. 2,  provides that fugitives from justice shall be delivered up
to the authorities of the state from which they are fugitives, on
the demand  of the  executive from such state. The demand made by
the governor  of one  state on  the governor  of  another  for  a
fugitive is called a requisition.

    RES, property. Things. The terms "Res," "Bona," "Biens," used
by jurists  who have  written in  the Latin and French languages,
are intended to include movable or personal, as well as immovable
or real  property. 1 Burge, Confl. of Laws, 19. See Biens;  Bona;
Things.

   RES GESTA, evidence. The subject matter;  thing done.

    2.  When it  is necessary in the course of a cause to inquire
into the  nature of  a particular  act, or  the intention  of the
person who did the act, proof of what the person said at the time
of doing  it, is  admissible evidence,  as part of the res gesta,
for the  purpose of  showing its true character. On an indictment
for a rape, for example, what the girl said so recently after the
fact as to exclude the possibility of practising on her, has been
held to  be admissible  evidence, as  a part  of the transaction.
East, P.  C. 414;   2 Stark. Cas. 241;  1 Stark. Ev. 47;  1 Phil.
Ev. 218:  Bouv. Inst. Index, h. t.

    RES  INTEGRA. An  entire thing;  an entirely new or untouched
matter. This  term is  applied to  those points of law which have
not been  decided, which are "untouched by dictum or decision." 3
Meriv. R. 269;  1 Burge on the Confl. of Laws, 241.

    RES  INTER ALIOS  ACTA, evidence.  This is a technical phrase
which signifies acts of others, or transactions between others.


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    2.  Neither the  declarations nor any other acts of those who
are mere  stran-gers, or,  as it is usually termed, any res inter
alios ada,  are admissible  in evidence  against any one when the
party against  whom such  acts are offered in evidence, was privy
to the  act, the  objection ceases;   it  is no  longer res inter
alios. 1 Stark Ev. 52;  3 Id 1300.

    RES TUDIC ATA, practice. The decision of a legal or equitable
issue, by a court of competent jurisdiction.

   2. It is a general principle that such decision is binding and
conclusive upon  all  other  courts  of  concurrent  power.  This
principle pervades  not only  our own,  but all  other systems of
jurisprudence, and has become a rule of universal law, founded on
the soundest policy. If, therefore, Paul sue Peter to recover the
amount due  to him  upon a  bond and  on the  trial the plaintiff
fails to  prove the  due execution  of  the  bond  by  Peter,  in
consequence of which a verdict is rendered for the defendant, and
judgment is  entered thereupon,  this judgment,  till reversed on
error, is conclusive upon the parties, and Paul cannot recover in
a subsequent  suit, although he may then be able to prove the due
execution of the bond by Peter, and that the money is due to him,
for, to  use the language of the civilians, res judicata facit ex
albo nigrum, ex nigro album, ex curvo redum, ex recto curvum.

   3. The constitution of the United States and the amendments to
it declare,  that no  fact,  once  tried  by  a  jury,  shall  be
otherwise reexaminable  in any  court of  the United  States than
according to  the rules  of the common law. 3 Pet. 433;  Dig. 44,
2;   and Voet,  Ibid;   Kaime's Equity, vol. 2, p. 367;  1 Johns.
Ch. R. 95;  2 M. R. 142;  3 M. R. 623;  4 M. R. 313, 456, 481;  5
M. R.  282, 465;   9 M. R. 38;  11 M. R. 607;  6 N. S. 292;  5 N.
S. 664;   1  L. R.  318;   8 L.  R. 187;  11 L. R. 517. Toullier,
Droit Civil Francais, vol. 10, No. 65 to 259.

    4. But in order to make a matter res judicata there must be a
concurrence  of  the  four  conditions  following,  namely:    1.
Identity in  the thing  sued for.  2. Identity  of the  cause  of
action;   if, for  example, I  have claimed  a right  of way over
Blackacre, and a final judgment has been rendered against me, and
afterwards I purchase Blackacre, this first decision shall not be
a bar  to my  recovery, when  I sue as owner of the land, and not
for an  easement over  it, which I claimed as a right appurtenant
to My  land Whiteacre.  3. Identity  of persons and of parties to
the action;   this rule is a necessary consequence of the rule of
natural justice:   ne  inauditus condemnetur.  4. Identity of the
quality in  the persons  for or  against whom  the claim is made;
for example,  an action  by Peter to recover a horse, and a final
judgment  against   him,  is  no  bar  to  an  action  by  Peter,
administrator of  Paul, to  recover the  same horse. Vide, Things
adjudged.

    RES  MANCIPI, Rom. civ. law. Those things which might be sold
and alienated,  or the  property of  them  transferred  from  one
person to  another. The  division of things in to res mancipi and
res nec mancipi, was one of ancient origin, and it continued to a
late period  in the  empire. Res  mancipi (Ulph.  Frag. xix.) are


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praedia in  italico  solo,  both  rustic  and  urban  also,  jura
rusticorum praediorum  or servitutes,  as via, iter, aquaeductus;
also slaves,  and four-footed  animals, as oxen, horses, &c., qum
collo dorsove  domantur. Smith, Diet. Gr. and Rom. Antiq. To this
list, may be added children of Roman parents, who were, according
to the  old law, res mancipi. The distinction between res mancipi
and nec  mancipi was  abolished by  Justinian in  his code.  Id.;
Coop. Ins. 442.

   RES NOVA. Something new;  something not before decided.

    RES  NULLIUS. A  thing which  has no owner. A thing which has
been abandoned  by its  owner is as much res nullius as if it had
never belonged to any one.

    2. The first possessor of such a thing becomes the owner, res
nullius fit primi occupantis. Bowy. Com. 97.

    RES PERIT DOMINO. The thing is lost to the owner. This phrase
is used  to express that when a thing is lost or destroyed, it is
lost to  the person  who was  the owner  of it  at the  time. For
example, an  article is  sold;   if the seller have perfected the
title of  the buyer so that it is his, and it be destroyed, it is
the buyer's  loss;  but if, on the contrary, something remains to
be done  before the  title becomes  vested in the buyer, then the
loss falls on the seller. See Risk.

    RES  UNIVERSATIS. Those  things which  belong  to  cities  or
municipal corporations  are so called;  they belong so far to the
public that  they cannot be appropriated to private use;  such as
public squares,  market houses,  streets, and  the like.  1 Bouv.
Inst. n. 446.

   RESALE. A second sale made of an article;  as, for example, if
A sell  a horse  to B,  and the  latter not having paid, for him,
refuse to  take him away, when by his contract he was bound to do
so, and then A sells the horse to C.

    2.  The effect  of a resale, is not always to annul the first
sale, because,  as in  this case,  B would be liable to A for the
difference of the price between the sale and resale. 4 Bing. 722;
Blackb. on Sales, 336;  4 M. & G. 898.

    RESCEIT.  The act of receiving or admitting a third person to
plead his  right in  a cause commenced by two;  as when an action
is brought  against a  tenant for  life or  term  of  years,  the
reversioner is allowed to defend. Cowell.

    RESCEIT  or RECEIT.  The admission  or receiving  of a  third
person to  plead his  right in a cause formerly commenced between
two other  persons;   as, when  an action  is brought  against  a
tenant for  life or years, or any other particular tenant, and he
makes default,  in such case the reversioner may move that he may
be received to defend his right, and to plead with the demandant.
Jacob, L. D. h. t. Resceit is also applied to the admittance of a
plea, when  the controversy is betweeen the same two persons. Co.
Litt. 192;  3 Nels. Ab. 146.


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    RESCISSION  OF A  CONTRACT. The destruction or annulling of a
contract.

    2.  The right to rescind a contract seems to suppose not that
the contract  has existed  only in  appearance;   but that it has
never had  a real  existence on  account  of  the  defects  which
accompanied it;  or which prevented its actual execution. 7 Toul.
n. 551 17 Id. n. 114.

    3.  A contract  cannot, in general, be rescinded by one party
unless both  parties can be placed in the same situation, and can
stand upon  the same terms as existed when the contract was made.
5 East,  449;  15 Mass. 819;  5 Binn. 355;  3 Yeates, 6. The most
obvious instance  of this  rule is,  where one  party  by  taking
possession,  &c.,   has  received  a  partial  benefit  from  the
contract. Hunt v. Silk. 5 East, 449.

    4. A contract cannot be rescinded in part. It would be unjust
to destroy  a contract  in toto,  when one  of  the  parties  has
derived a  partial benefit, by a performance of the agreement. In
such case  it seems  to have  been the practice formerly to allow
the vendor  to recover  the stipulated  price, and  the vendee to
recover, by  a  cross-action,  damages  for  the  breach  of  the
contract. 7  East, 480,  in the  note. But according to the later
and more  convenient practice,  the  vendee,  in  such  case,  is
allowed in  an action  for the  price, to  give evidence  of  the
inferiority of  the  goods  in  reduction  of  damages,  and  the
plaintiff who  has broken his contract is not entitled to recover
more than  the value  of the  benefit the  defendant has actually
derived from the goods or labor;  and when the latter has derived
no benefit,  the plaintiff  cannot  recover  at  all.  Stark.  on
Evidence, part  4, tit.  Goods sold  and delivered;    Chitty  on
Contr. 276.

    5.  A sale  of land,  by making  a deed  for  the  same,  and
receiving security  for the  purchase  money,  may  be  rescinded
before the  deed has been recorded, by the purchaser surrendering
the property  and, the  deed to the buyer, and receiving from him
the securities  he had given;  in Pennsylvania, these acts revest
the title  in the  original owner.  4 Watts,  196, 199.  But this
appears contrary  to the current of decisions in other states and
in England. 4 Wend. 474;  2 John. 86;  5 Conn. 262;  4 Conn. 350;
4 N.  H. Rep.  191;   9 Pick.  105;  2 H. Bl. 263, 264;  Pre. in-
Chan. 235;  6 East, 86;  4 B. & A. 672. See 7 East, 484;  1 Mass.
R. 101  14 Mass.  282;  Whart on's Dig. 119, 120 10 East, 564;  1
Campb. 78,  190;  3 Campb. 451;  3 Starkie, 32;  1 Stark. R. 108;
2 Taunt. 2;  2 New Rep. 136;  6 Moore, 114;  3 Chit. Com. L. 153;
1 Saund.  320, b. note;  l Mason, 437;  1 Chip. R. 159;  2 Stark.
Ev. 97, 280 8 lb. 1614, 1645 3 New Hamp. R. 455;  2 South, R. 780
Day's note  to Templer  v. McLachlan,  2 N. R. 141;  1 Mason, 93;
20 Johns.  196;  5 Com. Dig. 631, 636;  and Com. Dig. Action upon
the case  upon Assumpsit,  A 1,  note x, .p. 829, for a very full
note;  Com. Dig. Biens, D 3, n. s.

    6.  As to  the cases  where a  contract will  be rescinded in
equity on  the ground  of mistake, see Newl. Cont. 432;  or where


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heirs are  dealing with,  their expectancies, lbid. 435;  sailors
with their  prize money,  Ibid. 443;  children dealing with their
parents, Ibid.  445;   guardians with  their  wards,  Ibid.  448;
attorney with  his client,  Ibid. 453;   cestui  que trust,  with
trustee, Ibid.  459;  where contracts are rescinded on account of
the turpitude  of their  consideration, Ibid.  469;   in fraud of
marital rights,  Ibid. 424  in fraud of marriage agreement, Ibid.
417 on  account of imposition, Ibid. 351;  in fraud of creditors,
lb. 369;  in fraud of purchasers, Ib. 391;  in fraud of a deed of
composition by creditors, lb. 409.

   RESCOUS, crim. law, torts. This word is used synonymously with
rescue, (q.  v.) and  denotes the illegal taking away and setting
at liberty  a distress taken, or a person arrested by due process
of law. Co. Litt. 160.

   2. In civil cases when a defendant is rescued the officer will
or will  not be  liable, as the process under which the arrest is
made, is  or is not final. When the sheriff executes a fi. fa. or
ca. sa.  he may  take the  posse comitatus;   Show.  180;    and,
neglecting to do so, he is responsible;  but on mesne or original
process, if  the defendant  rescue  himself,  vi  et  armis,  the
sheriff is  not answerable.  1 Holt's  R. 537;   3 Engl. Com. Law
Rep. 179,  S. C.  Vide Com.  Dig. h. t.;  Yelv. 51;  2 T. R. 156;
Woodf. T. 521 Bac. Ab. Rescue, D;  Doct. Pl. 433.

   RESCRIPT, conv. A counterpart.

    2.  In the canon law, by rescripts are understood apostolical
letters, which  emanate from  the pope,  under whatever form they
may be.  The answers  of the pope in writing are so called. Diet.
Dr. Can. h. v. Vide Chirograph;  Counterpart;  Part.

    RESCRIPTION,  French law.  A rescription is a letter by which
the maker  requests some one to pay a certain sum of money, or to
account for  him to  a third  person for  it. Poth.  Du Contr. de
Change, n. 225.

    2.  According to  this definition,  bills of  exchange are  a
species of rescription. The difference appears to be this, that a
bill of  exchange is  given when  there has  been a  contract  of
exchange  between   the  drawer  and  the  payee;    whereas  the
rescription is  sometimes given  in payment of debt, and at other
times it is lent to the payee. Id.

    RESCRIPTS, civ. law. The answers of the prince at the request
of the parties respecting some matter in dispute between them, or
to magistrates  in relation  to some doubtful matter submitted to
him.

    2. The rescript was differently denominated, according to the
character of those who sought it. They were called annotations or
subnotations, when the answer was given at the request of private
citizens;  letters or epistles, when he answered the consultation
of  magistrates;     pragmatic  sanctions,  when  he  answered  a
corporation, the  citizens of  a  province,  or  a  municipality.
Lecons El. du Dr. Rom. §53;  Code, 1, 14, 3.


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    RESCUE,  crim. law. A forcible setting at liberty against law
of a  person duly  arrested. Co.  Litt. 160;  1 Chitty's Cr, Law,
*62;   1 Russ. on Cr. 383. The person who rescues the prisoner is
called the rescuer.

    2. If the rescued prisoner were arrested for felony, then the
rescuer is  a felon;   if  for treason,  a traitor;  and if for a
trespass, he  is liable  to a  fine as  if he  had committed  the
original offence.  Hawk.  B.  5,  c.  21.  If  the  principal  be
acquitted,  the   rescuer  may  nevertheless  be  fined  for  the
misdemeanor in  the obstruction and contempt of public justice. 1
Hale, 598.

   3. In order to render the rescuer criminal, it is necessary he
should have knowledge that the person whom he sets at liberty has
been apprehended  for a criminal offence, if he is in the custody
of a  private person;   but  if he  be under the care of a public
officer, then  he is  to take  notice of it at his peril. 1 Hale,
606.

    4. In another sense, rescue is the taking away and setting at
liberty, against  law, a distress taken for rent, or services, or
damage feasant. Bac. Ab. Rescue, A.

   5. For the law of the United States on this subject, vide Ing.
Dig. 150. Vide, generally, 19 Vin. Ab. 94.

    RESCUE, mar. war. The retaking by a party captured of a prize
made by  the enemy.  There is  still another kind of rescue which
partake's of  the nature  of a  recapture;   it occurs  when  the
weaker party  before he  is overpowered,  obtains relief from the
arrival of fresh succors, and is thus preserved from the force of
the enemy. 1 Rob. Rep. 224;  1 Rob. Rep. 271.

    2. Rescue differs from recapture. (q. v.) The rescuers do not
by the  rescue become owners of the property, as if it had been a
new prize  - but  the property is restored to the original owners
by the right of postliminium. (q. v.)

    RESCUSSOR. The party making a rescue, is sometimes so called,
but more properly he is a rescuer.

     RESERVATION,  contracts.  That  part  of  a  deed  or  other
instrument which  reserves a thing not in esse at the time of the
grant, but  newly created.  2 Hill. Ab. 359;  3 Pick. R. 272;  It
differs from  an exception.  (q. v.)  See 4 Verm. 622;  Brayt. R.
230;   9 John.  R. 73;   20 John, R. 87;  3 Ridg. P. C. 402;  Co.
Litt. 43 a;  2 Tho Co. Litt. 412

    RESET  OF THEFT,  Scotch law.  The receiving  and keeping  of
stolen goods  knowing  them  to  be  stolen,  with  a  design  of
feloniously retaining  them from  the real  owner. Alis.  Pr. Cr.
328.

   RESETTER, Scotch law. A receiver of stolen goods, knowing them
to have been  stolen.


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    RESIANCE. A man's residence or permanent abode. Such a man is
called a resiant. Kitch. 33.

    RESIDENCE.  The place  of one's  domicil. (q.  v.) There is a
difference between a man's residence and his domicil. He may have
his domicil in Philadelphia, and still he may have a residence in
New York;   for  although a  man can have but one domicil, he may
have several  residences. A  residence is generally tran-sient in
its nature,  it becomes  a domicil  when it  is  taken  up  animo
manendi. Roberts;  Ecc. R. 75.

    2.  Residence is  prima facie evidence of national character,
but this  may at all times be explained. When it is for a special
purpose and  transient in  its nature,  it does  not destroy  the
national character.

    3.  In some  cases the  law requires that the residence of an
officer shall  be in  the district  in which  he is  required  to
exercise his functions. Fixing his residence elsewhere without an
intention of  returning, would  violate such  law. Vide the cases
cited under the article Domicil;  Place of residence.

      RESIDENT,  international  law.  A  minister,  according  to
diplomatic language,  of a  third order,  less in dignity than an
ambassador, or  an envoy.  This term formerly related only to the
continuance of  the minister's  stay, but  now it  is confined to
ministers of this class.

    2. The resident does not represent the prince's person in his
dignity, but  only his  affairs. His representation is in reality
of the  same nature  as that  of the  envoy;   hence he  is often
termed, as  well as  the envoy,  a minister  of the second order,
thus distinguishing  only two  classes of  public ministers,  the
former consisting  of  ambassadors  who  are  invested  with  the
representative character  in preeminence,  the latter  comprising
all other  ministers, who  do not possess that exalted character.
This is  the most  necessary distinction,  and  indeed  the  only
essential one. Vattel liv. 4, c. 6, 73.

   RESIDENT, persons. A person coming into a place with intention
to establish  his domicil  or permanent  residence,  and  who  in
consequence actually  remains there.  Time is not so essential as
the  intent,   executed  by   making  or   beginning  an   actual
establishment, though  it be  abandoned in  a longer,  or shorter
period. See  6 Hall's  Law Journ.  68;  3 Hagg. Eccl. R. 373;  20
John. 211 2 Pet. Ad. R. 450;  2 Scamm. R. 377.

    RESIDUARY  LEGATEE. He  to whom the residuum of the estate is
devised or  bequeathed by  will. Roper  on  Leg.  Index,  h.  t.;
Powell Mortg. Index, h. t.;  8 Com. Dig. 444.

    RESIDUE.  That which remains of something after taking away a
part of  it;  as, the residue of an estate, which is what has not
been particularly devised by will.


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    2.  A  will  bequeathing  the  general  residue  of  personal
property,  passes   to  the   residuary  legatee  everything  not
otherwise effectually  disposed of  and it  makes  no  difference
whether a  legacy falls  into the  estate by lapse, or as void at
law, the  next of  kin is  equally excluded. 15 Ves. 416;  2 Mer.
392. Vide  7 Ves. 391;  4 Bro. C. C. 55;  1 Bro. C. C. 589;  Rop.
on Leg. Index, h. t.;  Worth. on Wills, 454.

    RESIGNATION.  The act  of an officer by which he declines his
office, and  renounces the  further right  to use  it. It differs
from abdication. (q. v.)

    2.  As offices  are held  at the will of both parties, if the
resignation of a officer be not accepted, he remains in office. 4
Dev. R. 1.

   RESIGNEE. One in favor of whom a resignation is made. 1 Bell's
Com. 125 n.

   RESISTANCE. The opposition of force to force.

   2. Resistance is either lawful or unlawful. 1. It is lawful to
resist one  who is  in the  act of  committing a  felony or other
crime, or  who maliciously  endeavors to  commit such  felony  or
crime. See  self defence.  And a  man may  oppose force  to force
against one  who endeavors  to make  an arrest,  or to  enter his
house without  lawful authority  for the  purpose;    or,  if  in
certain cases  he abuse  such authority,  and do more than he was
authorized to  do;   or if  it turn  out in  the result he has no
right to  enter, then  the party about to be imprisoned, or whose
house is  about to  be illegally  entered, may resist the illegal
imprisonment or  entry by  self-defence, not  using any dangerous
weapons, and  may escape,  be rescued,  or even break prison, and
others may  assist him  in so  doing. 5 Taunt. 765;  1 B. & Adol,
166;   1 East,  P. C.  295;   5 East,  304;  1 Chit. Pr. 634. See
Regular and Irregular Process.

    3.  - 2.  Resistance is  unlawful when  the persons  having a
lawful authority  to arrest, apprehend, or imprison, or otherwise
to advance  or execute  the public justice of the country, either
civil or  criminal, and  using the proper means for that purpose,
are resisted  in so  doing;   and if  the party  guilty  of  such
resistance, or  others assisting  him, be killed in the struggle,
such homicide  is justifiable;   while  on the other hand, if the
officer be killed, it will, at common law, be murder in those who
resist. Fost. 270;  1 Hale, 457;  1 East, P. C. 305.

    RESOLUTION.  A solemn  judgment or  decision of a court. This
word is  frequently used  in this  sense, in Coke and some of the
more ancient  reporters. It  also signifies an agreement to a law
or other thing adopted by a legislature or popular assembly. Vide
Dict. de Jurisp. h. t.

    RESOLUTION,  Civil law.  The act  by which  a contract  which
existed and was good, is rendered null.


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    2. Resolution differs essentially from rescission. The former
presupposes the contract to have been valid, and it is owing to a
cause posterior to the agreement that the resolution takes place;
while rescission,  on the  contrary, supposes  that some  vice or
defect annulled  the contract  from the beginning. Resolution may
be by  consent of  the parties  or by the decision of a competent
tribunal;   rescission must always be by the judgment of a court.
7 Troplong,  de la  Vente, n. 689;  7 Toull. 551;  Dall. Dict. h.
t.

    RESOLUTORY  CONDITION. On  which has  for  its  object,  when
accomplished, the  revocation of  the principal  obligation;  for
example, I  will sell  you my  crop of cotton, if my ship America
does not  arrive in the United States, within six months. My ship
arrives in  one month,  my contract  with you is revoked. 1 Bouv.
Inst. n. 764.

    RESORT. The authority or jurisdiction of a court. The supreme
court of the United States is a court of the last resort.

    RESPECTABLE  WITNESS. One  who is  competent to  testify in a
court of  justice. To  pass lands  in Alabama,  a  will  must  be
attested by  three or  more respectable  witnesses. See Attesting
witness;  Competent witness;  Credible witness and Witness.

    RESPIRATION,  Med. jur.  Breathing,  which  consists  of  the
drawing  into,   inhaling,  or   more   technically,   inspiring,
atmospheric  air   into  the  lungs,  and  then:    forcing  out,
expelling, or  technically  expiring,  from  the  lungs  the  air
therein. Chit. Med. Jur. 92 and 416, note n.

   RESPITE, contracts, civil law. An act by which a debtor who is
unable to  satisfy his  debts at  the moment,  transacts  (i.  e.
compromises) with  his creditors,  and obtains  from them time or
delay for  the payment  of the sums which he owes to them. Louis.
Code, 3051.

   2. The respite is either voluntary or forced;  it is voluntary
when all  the creditors consent to the proposal, which the debtor
makes to  pay in  a limited time the whole or a part of his debt;
it is  forced when  a part of the credi-tors refuse to accept the
debtor's proposal,  and when the latter is obliged to compel them
by judicial  authority,  to  consent  to  what  the  others  have
deter-mined in  the cases  directed by  law.  Id.  3052;    Poth.
Proced. Civ. 5eme partie, ch. 3.

    3. In Pennsylvania, there is a provision in the insolvent act
of June 16, 1836, s. 41, somewhat similar to involuntary respite.
It is  enacted, that  whenever a  majority in number and value of
the creditors of any insolvent, as aforesaid, residing within the
United States,  or having a known attorney therein, shall consent
in writing thereto, it shall be lawful for the court by whom such
insolvent shall  have been  discharged, upon  the application  of
such debtor, and notice given thereof, in the manner hereinbefore
provided for  giving notice  of his original petition, to make an
order that  the estate  and  effects  which  such  insolvent  may
afterwards acquire, shall be exempted for the term of seven years


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thereafter from  execution, for  any debt contracted, or cause of
action existing  previously to  such discharge, and if after such
order and consent, any execution shall be issued for such debt or
cause of action, it sliall be the duty, of any judge of the court
from which  such execution  issued, to  set aside  the same  with
costs.

   4. Respite also signifies a delay, forbearance or continuation
of time.

   RESPITE, crim. law. A suspension of a sentence, which is to be
executed at  a future time. It differs from a pardon, which is in
abolition of the crime. See Abolition;  Pardon.

    RESPONDEAT  OUSTER. The  name of  a judgment when an issue in
law, arising  on a  dilatory  plea,  has  been  decided  for  the
plaintiff, that  the defendant  answer over. See 1 Meigs, 122;  1
Ala. R.  442;   3 Ala.  R. 278;   3  Pike, 339;   4 Pike, 445;  4
Misso. R.  366;   5 Blackf.  167;  5 Metc. 88;  1 Gilm. R. 395 16
Conn. 436;  24 Pick. 49. Vide Judgment of Respondeat Ouster.

    RESPONDENT, practice. The party who makes an answer to a bill
or other  proceeding in  chancery. In  the civil  law, this  term
signifies one  who  answers  or  is  security  for  another;    a
fidejussor. Dig. 2, 8, 6.

    RESPONDENTIA,  maritime law.  A loan  of  money  on  maritime
interest, on goods laden on board of a ship, which, in the course
of the voyage must, from their nature, be sold or exchanged, upon
this condition, that if the goods should be lost in the course of
the voyage,  by any of the perils enumerated in the contract, the
lender shall lose his money;  if not, that the borrower shall pay
him the sum borrowed, with the interest agreed upon,

    2.  The contract is called respondentia, because the money is
lent on  the personal  responsibility of the borrower. It differs
principally  from   bottomry,  in  the  following  circumstances:
bottomry is  a loan on the ship;  respondentia is a loan upon the
goods. The  money is  to be  repaid to the lender, with mari-time
interest, upon  the arrival  of the  ship, in the one case and of
the goods,  in the other. In all other respects the contracts are
nearly the  same, and are governed by the same principles. In the
former, the  ship and  tackle, being hypothecated, are liable, as
well as  the person  of the  borrower;  in the latter, the lender
has, in  general, only  the personal  security of  the  borrower.
Marsh. Ins.  B. 2,  c. 1,  p. 734.  See Lex Mer. Amer. 354;  Com.
Dig. Merchant,  E 4;  1 Fonb. Eq. 247, n. I.;  Id. 252, n. o.;  2
Bl. Com.  457;   Park. Ins. ch. 21;  Wesk. Ins. 44;  Beawes' Lex.
Mex. 143;   3  Chitty's Com. Law, 445 to 536;  Bac. Abr. Merchant
and Merchandise, K;  Bottomry.

   RESPONDERE NON DEBET. The prayer of a plea where the defendant
insists that  he ought  not  to  answer,  as  when  he  claims  a
privilege;   for example,  as being  a member  of congress,  or a
foreign amhassador. 1 Chit. Pl. *433.


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    RESPONSA  PRUDENTUM,  civil  law.  Opinions  given  by  Roman
lawyers. Before the time of Augustus, every lawyer was authorized
de jure,  to answer  questions put  to him, and all such answers,
response prudentum  had equal  authority, which had not the force
of law,  but the  opinion of  a lawyer.  Augustus was  the  first
prince  who  gave  to  certain  distinguished  jurisconsults  the
particular privi-lege  of answering  in his  name;  and from that
period  their   answers  required   greater   authority.   Adrian
determined in a more precise manner the degree of authority which
these answers  should have, by enacting that the opinions of such
authorized jurisconsults, when unanimously given, should have the
force of  law (legis  vicenz,) and  should  be  followed  by  the
judges;   and that  when they were divided, the judge was allowed
to adopt that which to him appeared the most equitable.

    2. The opinions of other lawyers held the same place they had
before, they  were considered  merely as  the opinions of learned
men. Mackel. Man. Intro. §43;  Mackel. Hist. du Dr. Rom. SSSS 40,
49;   Hugo, Hist.  du Dr. Rom. §313;  Inst. 1, 2, 8,;  Institutes
Expliquees, n. 39.

    RESPONSALIS,  old Eng.  law., One who appeared for another in
court. Fleta,  lib. 6,  c., 21.  In the  ecclesiastical law, this
name is sometimes given to a proctor.

    RESPONSIBILITY. The obligation to answer for an act done, and
to repair any injury it may have caused.

    2. This obligation arises without any contract, either on the
part of  the party  bound to  repair the  injury, or of the party
injured. The  law gives  to the  person who  has suffered loss, a
compensation in damages.

   3. it is a general rule that no one is answerable for the acts
of another  unless he  has, by  some act of his own, concurred in
them. But when he has sanctioned those acts, either explicitly or
by implication,  he is  responsible.  An  innkeeper  in  general,
civilly liable  for the  acts of his servants towards his guests,
for anything  done in  their capacity of servants. The owner of a
carriage is  also, civilly  responsible to  a passenger  for  any
injury done by the driver as such. See Driver.

    4. There are cases where persons are made civilly responsible
for  the   acts  of  others  by  particular  laws  and  statutory
provisions, when  they have not done anything by which they might
be considered  as participating  in such acts. The responsibility
which the  hundred (q.  v.) in  England formerly incurred to make
good any robbery committed within its precincts, may be mentioned
as an  instance. A  somewhat similar liability is incurred now in
some places  in this  country by a county, when property has been
destroyed by a mob.

    5. Penal responsibility is always personal, and no one can be
punished for  the commission  of a  crime but  the person who has
committed it or his accomplice. Vide Damages;  Injury;  Loss.

    RESTITUTION,  maritime law.  The placing  back  or  restoring
articles which have been lost by jettison;  this is done when the


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remainder of  the cargo  has been  saved at the general charge of
the owners of the cargo;  but when the remainder of the goods are
afterwards lost, there is not any restitution. Stev. on Av. 1, c.
1, s. 1, art. 1, ii., 8. Vide Recompense.

   RESTITUTION, practice. The return of something to the owner of
it, or to the person entitled to it.

    2.  After property  has been  taken into  execution, and  the
judgment has  been reversed  or set aside, the party against whom
the execution  was sued  out shall  have restitution, and this is
enforced by  a writ  of restitution.  Cro. Jac. 698;  4 Mod. 161.
When the  thing levied upon under an execution has not been sold,
the thing  itself shall  be restored;  when it has been sold, the
price for  which it  is sold  is to  be restored.  Roll. Ab. 778;
Bac. Ab. Execution, Q;  1 Al. & S. 425.

   3. The phrase restitution of conjugal rights frequently occurs
in the  ecclesiastical courts.  A suit  may there  be brought for
this purpose whenever either the hushand or wife is guilty of the
injury of  subtraction, or  lives separate from the other without
sufficient reason;   by  which the  party injured  may compel the
other to  return to  cohabitation. 1  Bl. Com.  94;  1 Addams, R.
305;  3 Hagg. Eccl. R. 619.

    TO RESTORE. To return what has been unjustly taken;  to place
the owner  of a  thing in  the state in which he formerly was. By
restitution is  understood not  only  the  return  of  the  thing
itself, but  all its  accessories. It  is to return the thing and
its fruits. Dig. 60, 16, 35, 75 et 246, §1.

    RESTRAINING.  Narrowing down,  making less  extensive;  as, a
restraining statute,  by which the common law is narrowed down or
made less extensive in its operation.

   RESTRAINING POWERS. A term used in equity. When the donor of a
power,  who   is  the   owner  of  the  estate,  imposes  certain
restrictions by  the terms  of the powers, these restrictions are
called restraining powers.

    RESTRAINT.  Something which  prevents us  from doing  what we
would desire to do.

    2.  Restraint is  lawful and  unlawful. It is lawful when its
object is  to prevent  the violation of the law, or the rights of
others. It  is unlawful  when it  is used  to prevent others from
doing a  lawful act;   for example, when one binds himself not to
trade generally;   but  an agreement not to trade in a particular
place is  lawful. A  legacy given in restraint of marriage, or on
condition that  the legatee  shall not  marry, is  good, and  the
condition alone  is void. The Roman civil law agrees with ours in
this respect;  a legacy given on condition that the legatee shall
not marry is void. Clef des Lois Rom. mot Passion. See Condition;
Limitation.

    RESTRICTIVE  INDORSEMENT, contracts.  One which  confines the
negotiability of  a promissory note or bill of exchange, by using


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express words  to that effect,  as by indorsing it "payable to A,
Bonly." 1 Wash. C. C. 512;  2 Murph. 138;  1 Bouv. Inst. n. 1138.

    RESULTING TRUSTS, estates. Resulting, implied or constructive
trusts, are those which arise in cases where it would be contrary
to the  principles of equity that be in whom the property becomes
vested, should hold it otherwise than as a trustee. 2 Atk. 150.

    2.  As an  illustration of  this description  of a  resulting
trust, may  be mentioned  the case  of a  contract made  for  the
purchase of  a real estate;  on the completion of the contract, a
trust immediately  results  to  the  purchaser,  and  the  vendor
becomes a trustee for him till the conveyance of the legal estate
is made.  Again, when  an estate  is purchased in the name of one
person, and  the purchase  money is  paid by  another, there is a
resulting trust  in favor  of the  person who  gave or  paid  the
consideration. Willis  on Tr. 55;  1 Cruise, Dig. tit. 12, s. 40,
41;  Ch. Ca. 39;  9 Mod. 78;  7 Ves. 725;  3 Hen. & Munf. 367;  1
Supp. to  Ves. jr. 11;  Pow. Mortg. Index, h. t.;  2 John. Ch. R.
409, 450;  3 Bibb, R. 15, 506;  4 Munf. R. 222;  1 John. Ch. Rep.
450, 582;   Sugd.  on Vend.  ch. 15, s. 2 Cox, Ch. Rep. 93;  Bac.
Ab. Trusts, C;  Bouv. last. Index, h. t. Vide Trusts;  Use.

   RESULTING USE, estates. One which having been limited by deed,
expires or  cannot vest;   it then returns back to him who raised
it, after such expiration, or during such impossibility.

   2. When the legal seisin and possession of land is transferred
by any  common law  conveyance, and no use is expressly declared,
nor any  consideration nor  evidence of intent to direct the use,
such use  shall result  back to the original owner of the estate;
for in  such case,  it cannot be supposed that it was intended to
give away  the estate. 2 Bl. Com. 335;  Cruise, Dig. t. 11, c. 4,
s. 20,  et seq.;  Bac. Tracts, Read. on Stat. of Use's, 351;  Co.
Litt. 23, a.;  Id. 271, a;  2 Binn. R. 387;  3 John. R. 396.

    RESUMPTION.  To  reassume;    to  promise  again;    as,  the
resumption of  payment of specie by the banks is general. It also
signifies to take things back;  as the government has resumed the
possession of  all  the  lands  which  have  not  been  paid  for
according to the requisitions of the law, and the contract of the
purchasers. Cow. Int. h. t.

    RETAIL.  To sell  by retail, is to sell by small parcels, and
not in the gross. 5 N. S. 279.

    RETAILER  OF MERCHANDISE.  One who  deals in  merchandise  by
selling it  in smaller  quantities than he buys, generally with a
view to profit.

    TO RETAIN, practice. To engage the services of an attorney or
counsellor to  manage a  cause, at which time it is usual to give
him a  fee, called  the re-taining  fee. The  act  by  which  the
attorney is authorized to act in the case is called a retainer.

    2.  Although it is not indispensable that the retainer should
be in  writing, unless  required by  the other  side, it  is very


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expedient. It  is therefore  recommended, particularly  when  the
client is  a stranger,  to require  from him  a written retainer,
signed by  himself;   and, in order to avoid the insinuation that
it was  obtained by contrivance, it should be witnessed by one or
more respectable  persons. When  there are several plaintiffs, it
should be  signed by  all and  not by  one for  himself  and  the
others, especially  if  they  are  trustees  or  assignees  of  a
bankrupt or  insolvent. The retainer should also state whether it
be given for a general or a qualified authority. Vide the form of
a retainer in 3 Chit. Pr. 116, note m.

   3. There is an implied contract on the part of an attorney who
has been  retained, that  he will use due diligence in the course
of legal  proceedings, but  it is not an undertaking to recover a
judgment. Wright,  R. 446.  An attorney  is bound to act with the
most scrupulous  honor, he  ought to disclose to his client if he
has any  adverse retainer  which may  affect his judgment, or his
client's interest;   but  the concealment  of the  fact does  not
necessarily imply fraud. 3 Mason's R. 305;  2 Greenl. Ev. §139.

    RETAINER.  The act  of withholding  what one has in one's own
hands by virtue of some right.

    2.  An executor  or administrator  is entitled  to retain  in
certain cases,  for a debt due to him by the estate of a testator
or intestate.

    3.  It is  proposed to inquire, 1. Who may retain. 2. Against
whom. 3. On what claims. 4. What amount may be retained.

    4.  - 1.  In inquiring  who may  retain,  it  is  natural  to
consider, 1st.  Those cases  where there  is but  one executor or
administrator. 2d,  Where there are several, and one of them only
has a claim against the estate of the deceased.

    5.  - 1.  A sole executor may retain in those cases where, if
the debt  had been  due to  a stranger,  such stranger might have
sued the executor and recov-ered judgment;  or where the executor
might, in  the due  administration of  the estate,  have paid the
same. 3  Burr. 1380.  He may,  therefore, retain  a debt  due  to
himself;   3 Bl.  Com. 18;  or to himself in right of another;  3
Burr. 1380;  or to another in trust for him;  2 P. Wms. 298:  the
debt may  be retained when administration is committed to another
for the use of the creditor who is a lunatic;  3 Bac. Abr. 10, n;
Com.  Dig.   Administration,  C   or  an   infant   entitled   to
administration. 4  Ves. 763.  An executor may retain if he be the
executor of  the first  testator;   but an executor of one of the
executors of the first tes-tator, the other executor, being still
living, is  not an  executor of the first testator, and therefore
cannot retain.  11 Vin.  Abr. 363, An executor may re-tain before
he has  proved the  will, and if he die after having intermeddled
with the  goods of  the testator and before probate, his executor
has the  same power.  3 P.  Wms. 183,  and note B.;  11 Vin. Abr.
263.

   6. - 2. Where there are several executors, and one has a claim
against the estate of the deceased, he may retain with or without


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the consent  of the  others;   Off. Ex. 33;  but where several of
them have  debts of  equal degree  they can retain only pro rata.
Bac. Abr. Executors, A 9.

    7.  - II. Against whom. In those cases, 1. Where the deceased
was alone  bound. 2. Where he was bound with others. 3. Where the
executor of the obligee is also his executor.

    8. - 1. Where the deceased was sole obligor, his executor may
clearly retain.

    9. - 2. Where two are jointly and severally bound, and one of
them appoints  the obligee  his executor;   Rob.  10;  2 Lev. 73;
Bac. Abr.  Executors, A  9;   Com. Dig. Administration,, C 1;  or
the obligee  takes out letters of administration to him, the debt
is immediately  satisfied by way of retainer, if, the executor or
administrator have sufficient assets.

    10. - 3. If the obligee make the administrator of the obligor
his executor, it is a discharge of the debt, if the administrator
have assets  of the  estate of the obligor;  but if he have fully
administered, or if no assests to pay the debt came to his hands,
it is  no discharge,  for there  is nothing  for him to retain. 8
Serg. & Rawle, 17.

   11. - III. On what claims. 1. As to the priority of the claim.
2. As to its nature.

    12.  - 1.  In the payment of the debts of a decedent, the law
gives a  preference to  certain debts  over others,  an  executor
cannot, therefore,  retain his debt, while there are unpaid debts
of a  superior degree, because if he could have brought an action
for the  recovery of  his claim,  he could not have re-covered in
prejudice of  such a  creditor. 5 Binn. 167 Bac. Ab. Executors, A
9;   Com. Dig.  Administration, C  2;  1 Hayw. 413. He may retain
only where  he has  superior claim, or one of equal degree. 3 Bl.
Com. 18;   11  Vin. Abr. 261;  Com. Dig. Administration, C 1. And
in a  case where  two men  were jointly  bound in  a bond, one as
principal, the  other as  surety, after  which the principal died
intestate, and  the surety took out administration to his estate,
the bond  being forfeited,  the administrator  paid the debt;  it
was held  he could  not retain  as a  specially creditor  because
being a  party to  the bond it became his own debt;  11 Vin. Abr.
265;   Godb. 149,  Pl. 194;   but  see 7 Serg. & Rawle, 9;  after
having paid  the debt,  however,  he  became  a  simple  contract
creditor, and  might retain it as such. Com. Dig. Administration,
C 2, n.

    13.  - 2. As to the nature of the claim for which an executor
may retain,  it seems  that damages  which are  in  their  nature
arbitrary cannot  be retained, because, till judgment, no man can
foretel their  amount;   such are  damages upon  torts. But where
damages arise from the breach of a pecuniary contract, there is a
certain measure  for them, and such damages may well be retained.
2 Bl. Rep. 965;  and see 3 Munf. 222. A debt barred by the act of
limitation may  be retained,  for the  executor is  not bound  to
plead the  act against  others,  and  it  shall,  therefore,  not
operate against him. 1 Madd. Ch. 583.


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   14. - IV. What amount may be retained. 1. By the common law an
executor is  entitled to  retain his  debt in  preference to  all
other creditors  in an equal degree. 3 Bl. Com. 18;  11 Vin. Abr.
261. This  he might  do, because  he  is  to  be  placed  in  the
situation of  the  most  vigilant  creditor,  who  by  suing  and
obtaining a  judgment might  have obtained  a  preference.  Where
however,  the  exec-utor  cannot,  by  bringing  suit,  obtain  a
preference,  the   reason  seems   changed,  and   therefore   in
Pennsylvania, when  do  such  preference  can  be  obtained,  the
executor is  entitled to  retain only  pro rata with creditors of
the same  class. 8  Serg. &  Rawle, 17;   5 Binn. 167. A creditor
cannot obtain a reference by bringing suit and obtaining judgment
against executors  in the  following states, namely:  Alabama;  4
Griff. L.  R. 582;   Connecticut;   3 Griff. L. R. 75;  Illinois;
Id. 422;   Louisiana;,  4 Griff.  L. R.  693;   Maine;  Id. 1004;
Maryland;   Id.  938;    Massachusetts;    3  Griff.  L.  R.  516
Mississippi;   4 Griff.  L. R.  669;   Missouri  Id.  625;    Now
Hampshire;   3 Griff.  L. R  46;   Ohio;  Id. 402;  Pennsylvania;
Id. 262;   8  Serg. & Rawle, 17;  5 Binn. 1 67;  Rhode Island;  8
Griff. L. R. 114;  South Carolina;  4 Griff. L. R. 860;  Vermont;
3 Griff.  L. R. 20. Such a preference can be given by the laws of
the following  states, namely:   Delaware;   4 Griff. L. R. 1064;
Kentucky;   Id. 1135;   North Carolina;  3 Griff. L. R. 221;  Now
Jersey;   4 Griff.  L. R.  1282;   New York;  3 Griff. L. R, 141;
Tennessee;   4 Griff.  L. R. 791;  Virginia;  3 Griff. L. R. 360,
In Georgia;   3  Griff. L.  R. 444;  and Indiana.;  Id. 467;  the
matter is doubtful.

   15. - 2. Where the estate is solvent an executor may of course
retain for the whole of his debt, with interest.

    RETAINER,  practice. The act of a client, by which he engages
an  attorney   or  counsellor   to  manage  a  cause,  either  by
prosecuting it, when he is plaintiff, or defending it, when he is
defendant.

    2.  "The effect of a retainer to prosecute or defend a suit,"
says Professor  Greenleaf;   Ev. vol. ii. §141;  "is to confer on
the attorney  all the powers exercised by the forms and usages of
the courts, in which the suit is pending. He may receive payment;
may bring  a second  suit after being non-suited in the first for
want of  formal proof;   may sue a writ of error on the judgment;
may discontinue  the suit;   may  restore an  action after  a non
pros;   may claim  an appeal  and bind his client in his name for
the prosecution  of it;  way submit the suit to arbitration;  may
sue out an alias execution;  may receive livery of seisin of land
taken by  an extent  may waive  objections to evidence, and enter
into stipulation  for the  admission of  facts or  conduct of the
trial and  for release  of bail;   may waive the right of appeal,
review, notice, and the like, and confess judgment. But he has no
authority to  execute a discharge of a debtor but upon the actual
payment of  the full  amount of the debt, and that in money only;
nor to  release sureties;   nor  to enter a retraxit;  nor to act
for the  legal representatives  of his  deceased client;   nor to
release a witness."


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    RETAINING  FEE. A  fee given to counsel on being consulted in
order to insure his future services.

    RETAKING.  The taking  one's goods,  wife, child,  &c.,  from
another, who  with-out right  has taken  possession thereof. Vide
Recaption;  Rescue.

    RETALIATION.  The act  by which a nation or individual treats
another in  the same manner that the latter has treated them. For
example, if  a nation  should lay a very heavy tariff on American
goods, the  United States would be justi-fied in return in laying
heavy duties on the manufactures and productions of such country.
Vatt. Dr. des Gens, liv. 2, c. 18, §341. Vide Lex talionis.

    RETENTION,  Scottish law.  The right which the possessor of a
movable has,  of holding the same until he shall be satisfied for
his claim  either against  such movable  or the  owner of  it;  a
lien.

    2. The right of retention is of two kinds, namely, special or
general. 1.  Special retention  is the  right of  withholding  or
retaining property of goods which are in one's possession under a
contract, till  indemnified for  the labor  or money  expended on
them. 2. General retention is the right to withhold or detain the
property of  another, in  respect of any debt which happens to be
due by  the proprietor to the person who has the custody;  or for
a general  balance of  accounts arising  on a particular train of
employment. 2 Bell's Com. 90, 91, 5th ed. Vide Lien.

    RETORNO  HABENDO. The name of a writ issued to compel a party
to return  property which  has been  adjudged to  the other in an
action of replevin. Vide Writ pro retorno habendo.

    RETORSION,  war. The name of the act employed by a government
to impose  the same hard treatment on the citizens or subjects of
a state,  that the  latter  has  used  towards  the  citizens  or
subjects of  the former, for the purpose of obtaining the removal
of obnoxious  measures. Vattel, liv. 2, c. 18, §341;  De Martens,
Precis, liv.  8, c.  2, §254;  Kluber, Droit dos Gens, s. 2 c. 1,
§234;  Mann. Comm. 105.

    2.  Retorsion signifies  also the  act by which an individual
returns to  his adversary  evil for evil;  as, if Peter call Paul
thief, and Paul says you are a greater thief.

    TO  RETRACT. To withdraw a proposition or offer before it has
been accepted.

    2.  This the  party making it has a right to do is long as it
has not  been accepted;   for  no principle of law or equity can,
under these circumstances, require him to persevere in it.

   3. The retraction may be express, as when notice is given that
the offer  is withdrawn;   or,  tacit as  by  the  death  of  the
offering party,  or his  inability to complete the contract;  for
then the consent of one of the parties has been destroyed, before
the other  has acquired any existence;  there can therefore be no
agreement. 16 Toull. 55.


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    4.  After pleading guilty, a defendant will, in certain cases
where he  has entered  that plea  by mistake or in consequence of
some error,  be allowed  to retract  it.  But  where  a  prisoner
pleaded guilty  to a  charge of  larceny, and  sentence has  been
passed upon  him, he will not be allowed to retract his plea, and
plead not guilty. 9 C. & P. 346;  S. C. 38 E. C. L. R. 146;  Dig.
12, 4, 5.

    RETRAXIT,  practice. The  act by  which a plaintiff withdraws
his. suit;   it  is so  called from  the fact  that this  was the
principal word used when the law entries were in Latin.

   2. A retraxit differs from a nonsuit, the former being the act
of the  plain-tiff himself,  for it  cannot even  be  entered  by
attorney;   8 Co.  58;  3 Salk.245;  8 P. S. R. 157, 163;  and it
must be  after declaration  filed;   3 Leon. 47;  8 P. S. R. 163;
while the  latter occurs  in consequence of the neglect merely of
the plaintiff. A retraxit also differs from a nolle prosequi. (q.
v.) The effect of a retraxit is a bar to all actions of a like or
a similar  nature;  Bac. Ab. Nonsuit, A;  a nolle prosequi is not
a bar  even in  a criminal  prosecution. 2  Mass. R.  172. Vide 2
Sell. Pr.  338;  Bac. Abr. Nonsuit;  Com. Dig. Pleader, X 2. Vide
article Judgment of retraxit.

    RETRIBUTION.  1. That which is given to another to recompense
him for  what has been received from him;  as a rent for the hire
of a house. 2. A salary paid to a person for his services. 3. The
distribution of rewards and punishments.

   RETROCESSION, civil law. When the assignee of heritable rights
conveys  his   rights  back   to  the  cedent,  it  is  called  a
retrocession. Erskine,  Prin. B. 3, t. 5, n. 1;  Dict. do Jur. h.
t.

   RETROSPECTIVE. Looking backwards.

    2.  This word  is  usually  applied  to  those  acts  of  the
legislature,  which  are  made  to  operate  upon  some  subject,
contract or  crime which  existed before the passage of the acts,
and they  are therefore  called retrorospective  laws. These laws
are generally  unjust and  are, to a certain extent, forbidden by
that article  in the  constitution of  the United  States,  which
prohibits the  passage of  ex post  facto laws  or laws impairing
contracts.

    3.  The right to pass retrospective laws, with the exceptions
above mentioned, exists in the several states, according to their
own constitutions, and become obligatory if not prohibited by the
latter. 4  S. & R. 364;  3 Dall. R. 396;  1 Bay, R. 179;  7 John.
R. 477;   vide 4 S. & R. 403;  1 Binn. R. 601;  3 S. & R. 169;  2
Cranch. R. 272 2 Pet. 414;  8 Pet. 110;  11 Pet. 420;  1 Bald. R.
74;   5 Penn. St. R. 149. 4. An instance may be found in the laws
of Connecticut.  In  1795,  the  legislature  passed  a  resolve,
setting aside  a decree  of a  court of probate disapproving of a


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will and granted a new hearing;  it was held that the resolve not
being against  any constitutional  principle in  that state,  was
valid. 3  Dall. 386. And in Pennsylvania a judgment was opened by
the act  of April  1, 1837, which was holden by the supreme court
to be constitutional. 2 Watts & Serg. 271.

    5. Laws should never be considered as applying to cases which
arose previously  to their  passage, unless  the legislature have
clearly declared  such to  be their  intention. 12 L. R. 352 Vide
Barringt. on the Stat. 466, n. 7 John. R. 477;  1 Kent, Com. 455;
Tayl. Civil Law, 168;  Code, 1, 14, 7;  Bracton, lib. 4, fo. 228;
Story, Cons.  §1393;   1 McLean,  Rep. 40;  1 Meigs, Rep. 437;  3
Dall. 391;   1  Blackf.R.193;  2 Gallis. R. 139;  1 Yerg. R. 360;
5 Yerg. R. 320;  12 S. & R. 330;  and see Ex post facto.

    RETURN,  contracts, remedies.  Persons who are beyond the sea
are exempted  from the operation of the statute of limitations of
Pennsylvania, and  of other states, till after a certain time has
elapsed after  their returning.  As to what shall be considered a
return, see  14 Mass.  203;  1 Gall. 342;  3 Johns. 263;  3 Wils.
145;  2 Bl. Rep. 723;  3 Littell's Rep. 48;  1 Harr. & Johns. 89,
350;  17 Mass. 180.

    RETURN  DAY. A  day appointed by law when all writs are to be
returned which  have issued  since the  preceding return day. The
sheriff is  in general  not required to return his writ until the
return day. After that period he may be ruled to make a return.

   RETURN OF WRITS, practice. A short account in writing, made by
the sheriff, or other ministerial officer, of the manner in which
he has executed a writ. Steph. on Pl. 24.

    2.  It is the duty of such officer to return all writs on the
return day;   on  his neglecting to do so, a rule may be obtained
on him to return the writ and, if he do not obey the rule, he may
be attached  for contempt.  See 19  Vin. Ab.  171;    Con].  Dig.
Return;  2 Lilly's Abr. 476;  Wood. b. 1, c. 7;  1 Penna. R. 497;
1 Rawle, R. 520;  3 Yeates, 17;  3 Yeates, 47;  1 Dall. 439.

    REUS,  civil law.  This word has two different meanings. 1. A
party to  a suit,  whether plaintiff  or defendant;  Reus est qui
cum altero  litem contestatem habet, sive legit, sive cum eo adum
est. 2.  A party  to a  contract;   reus credendi  is be  to whom
something is  due, by  whatever title it may be;  reus debendi is
he who owes, for whatever cause. Poth. Pand. lib. 50, h. t.

    REVENDICATION, civil and French law. An action by which a man
demands a  thing of  which he  claims to  be owner. It applies to
immovables as  well as  movables;   to corporeal  or  encorporeal
things. Merlin, Repert. h. t.

    2.  By the  civil law,  he who  has sold goods for cash or on
credit  may   demand  them   back  from  the  purchaser,  if  the
purchase-money is  not paid  according to contract. The action of
revendication is  used  for  this  purpose.  See  an  attempt  to
introduce the  principle of  revendication into  our  law,  in  2
Hall's Law Journal, 181.


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    3. Revendication, in another sense, corresponds, very nearly,
to the stoppage in transitu (q. v.) of the common law. It is used
in that  sense in  the Code de Commerce, art. 577. Revendication,
says that article, can take place only when the goods sold are on
the way  to their place of destination, whether by land or water,
and before  they have  been received  into the  warehouse of  the
insolvent, (failli,)  or that  of his factor or agent, authorized
to sell them on account of the insolvent. See Dig. 14, 4, 15;Dig.
18, 1, 19, 53;  Dig. 19, f, 11.

    REVENUE.  The income of the government arising from taxation,
duties, and  the like;   and,  according to some correct lawyers,
under the  idea of  revenue is  also included the proceeds of the
sale  of   stocks,  lands,   and  other  property  owned  by  the
government. Story,  Const. §877.  Vide Money Bills. By revenue is
also  understood   the  income   of   private   individuals   and
corporations.

    REVERSAL,  international law. First. A declaration by which a
sovereign promises  that he  will observe  a  certain  order,  or
certain   conditions,   which   have   been   once   established,
notwithstanding any  changes that may happen to cause a deviation
therefrom;  as, for example, when the French court, consented for
the first  time, in  1745, to  grant to Elizabeth, the Czarina of
Russia,  the   title  of   empress,  exacted  as  a  reversal,  a
declaration purporting  that the  assumption of  the title  of an
imperial government,  by Russia,  should not  dero-gate from  the
rank which  France had  held towards her. Secondly. Those letters
are also  termed  reversals,  Litterae  Reversales,  by  which  a
sovereign declares  that, by a particular act of his, he does not
mean to  prejudice a  third power.  Of this we have an example in
history:   formerly, the  emperor of  Germany, whose  coronation,
according to  the golden  ball, ought  to have been solemnized at
Aix-la-Chapelle, gave to that city when he was crowned elsewhere,
reversals, by  which he  declared that such coronation took place
without  prejudice   to  its  rights,  and  without  drawing  any
consequences therefrom for the future.

    TO  REVERSE, practice.  The decision  of a  superior court by
which the  judgment, sentence  or decree of the inferior court is
annulled.

    2.  After a judgment, sentence or decree has been rendered by
the court  below, a writ of error may be issued from the superior
to the inferior tribunal, when the record and all proceedings are
sent to  the supreme  court on  the return  to the writ of error.
When, on  the examination of the record, the superior court gives
a judgment  different from  the inferior  court, they are said to
reverse the  proceeding. As to the effect of a reversal, see 9 C.
& P. 513 S, C. 38 E. C. L. Rep. 201.

    REVERSION,  estates. The  residue of  an estate  left in  the
grantor, to  commence in  possession after  the determination  of
some particular estate granted out by him;  it is also defined to
be the  return of  land to the grantor, and Iiis heirs, after the
grant is over. Co. Litt. 142, b.


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    2.  The reversion arises by operation of law, and not by deed
or will,  and it  is a  vested interest or estate, and in this it
differs from  a remainder,  which can  never be limited unless by
either deed  or devise.  2 Bl.  Comm. 175;  Cruise, Dig. tit. 17;
Plowd. 151;   4  Kent, Comm.  349;  19 Vin. Ab. 217;  4 Com. Dig.
27;   7 Com.  Dig. 289:  1 Bro. Civil Law, 213 Wood's Inst. 151 2
Lill.  Ab.  483.  A  reversion  is  said  to  be  an  incorporeal
hereditament. Vide  4 Kent, Com. 354. See, generally, 1 Hill. Ab.
c. 52, p. 418;  2 Bouv. Inst. n. 1850, et seq.

   REVERSIONER, estates. One entitled to a reversion.

   2. Although not in actual possession, the reversioner having a
vested interest  in the  reversion, is entitled to his action for
an injury  done to the inheritance. 4 Burr. 2141. The reversioner
is entitled  to the rent, and this important incident passes with
a grant  or assignment  of the  reversion. It  is not inseparable
from it,  and may  be severed  and excepted  out of  the grant by
special words. Co. Litt. 143, a, 151, a, b Cruise, Digest, t. 17,
s. 19.

    REVERSOR, law of Scotland. A debtor who makes a wadset and to
whom the right of reversion is granted. Ersk. Pr. L. Scotl. B. 2,
t. 8, sect. 1. A reversioner. Jacob, L. D. h. t.

    REVERTER.  Reversion. A  formedon in reverter is a writ which
was a  proper remedy when the donee in tail or issue died without
issue and a stranger abated:  or they who were seised by force of
the entail discontinued the same. Bac. Ab. Formedon, A 3.

    REVIEW,  practice. A  second examination  of  a  matter.  For
example,  by   the  laws   of  Pennsylvania,  the  courts  having
jurisdiction of  the subject  may grant  an order for a view of a
proposed road;   the  viewers make a report, which when confirmed
by the  court would  authorize the  laying out of the same. After
this, by statutory provision, the parties may apply for a review,
or second examination;  and the last viewers may make a different
report. For  the practice  of reviews  in chancery, the reader is
referred to Bill of Review, and the cases there cited.

   REVIVAL, contracts. An agreement to renew the legal obligation
of a just debt, after it has been barred by the act of limitation
or lapse of time, is called its revival. Vide Promise.

   REVIVAL, practice. The act by which a judgment, which has lain
dormant or without any action upon it for a year and a day is, at
common law, again restored to its original force.

    REVIVE,  practice. When  a judgment  is more than a day and a
year old, no execution can issue upon it at common law;  but till
it has  been paid,  or the presumption arises from lapse of time,
that it  has been  satisfied, it  may be revived and have all its
original force, which was merely suspended. This may be done by a
scire facias,  or an  action of  debt on the judgment. Vide Scire
facias;  Wakening.


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    REVIVOR.  the name  of a  bill in  chancery used  to renew an
original bill  which for some reason has become inoperative. Vide
Bill of Revivor.

    REVOCATION. The act by which a person having authority, calls
back or annuls a power, gift, or benefit, which had been bestowed
upon another.  For example,  a testator may revoke his testament;
a constituent  may revoke  his letter of attorney;  a grantor may
revoke a grant made by him, when he has reserved the power in the
deed.

   2. Revocations are expressed or implied. An express revocation
of a  will must  be as formal as the will itself. 2 Dall. 289;  2
Yeates, R. 170. But this is not the rule in all the states. See 2
Conn. Rep.  67;   2 Nott  & McCord,  Rep. 485;   14 Mass. 208;  1
Harr. & McHenry, R. 409;  Cam. & Norw. Rep. 174 2 Marsh. Rep. 17.

    3. Implied revocations take place, by marriage and birth of a
child, by  the English  law. 4  Johns. Ch.  R. 506, and the cases
there cited  by Chancellor  Kent. 1 Wash. Rep. 140;  3 Call, Rep.
341;    Cooper's  Just.  497,  and  the  cases  there  cited.  In
Pennsylvania, marriage or birth of a child, is a revocation as to
them. 3  Binn. 498.  A woman's  will is revoked by her subsequent
marriage, if  she dies "before her hushand. Cruise, Dig. tit. 38,
c. 6,  s. 51.  4. An  alienation of the estate by the devisor has
the same  effect of  revoking  a  will.  1  Roll.  Ab.  615.  See
generally, as to revoking wills, Lovelass on Wills, oh. 3, p. 177
Fonbl. Eq. c. 2, s. 1;  Robertson Wills, ch . 2, part 1.

    5. Revocation of wills may be effected, 1. By cancellation or
obliteration. 2.  By a subsequent testamentary disposition. 3. By
an express  revocation contained  in a will or codicil, or in any
other distinct  writing. 4. By the republication of a prior wili;
by presumptive  or implied  revocation. Williams on Wills, 67;  3
Lom. on Ex'rs, 59. Vide Domat, Loix Civ. liv. 3, t. 1, s. 5.

    6.  The powers  and authority  of an attorney or agent may be
revoked or deter-mined by the acts of the principal;  by the acts
of the attorney or agent;  and by operation of law.

    7. - 1. By the acts of the principal, which may be express or
implied. An express revocation is made by a direct and formal and
public declaration,  or by  an informal  writing, or by parol. An
implied revocation  takes place  when such circumstances occur as
manifest the  intention of the principal to revoke the authority;
such, for  example,  as  the  appointment  of  another  agent  or
attorney to perform acts which are incompatible with the exercise
of the  power formerly  given to  another;   but this presumption
arises only  when there  is  such  incompatibility,  for  if  the
original agent  has a  general authority,  and the  second only a
special power,  the revocation  will only  operate pro tanto. The
performance by  the principal  himself of  the act  which he  has
authorized to  be done  by his attorney, is another example;  as,
if the  authority be  to  collect  a  debt,  and  afterwards  the
principal receive it himself.

    8.  - 2.  The renunciation of the agency by the attorney will
have the same effect to determine the authority.


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    9. - 3. A revocation of an authority takes place by operation
of law.  This may  be done in various ways:  1st. When the agency
terminates by  lapse of  time;   as, when it is created to endure
for a  year, it  expires at  the end  of that  period;  or when a
letter  of  attorney  is  given  to  transact  the  constituent's
business during  his absence,  the power  ceases on  his  return.
Poth. du Mandat, n. 119;  Poth. Ob. n. 500.

    10.  - 2d.  When a change of condition of the principal takes
place so  that he  is rendered  incapable of  performing the  act
himself, the  power he  has delegat-ed  to another  to do it must
cease. Liverm.  Ag. 306;   8 Wheat. R, 174. If an unmarried woman
give a power of attorney and afterwards marry, the marriage does,
ipso facto,  operate as  a revocation  of the authority;  2 Kent,
Com. 645,  3d edit. Story Bailm. §206;  Story, Ag. §481;  5 East,
R. 206;   or  if the  principal become insane, at least after the
establishment of the insanity by an inquisition. 8 Wheat. R. 174,
201 to  204. When  the principal becomes a bankrupt, his power of
attorney in  relation to  property or  rights  of  which  he  was
dives-ted by  the bankruptcy,  is revoked  by operation of law. 2
Kent, Com. 644, 3d edit.;  16 East, R. 382.

   11. - 3d. The death of the principal will also have the effect
of a  revocation of  the authority.  Co. Litt. 52;  Paley, Ag. by
Lloyd, 185;   2 Liverm. Ag. 301;  Story, Ag. §488;  Story, Bailm.
§203;   Bac. Ab.  Authority, E;   2  Kent, Com. 454, 3d edit.;  3
Chit. Com. Law, 223.

    12. - 4th. When the condition of the agent or attorney has so
changed as  to render  him incapable  to perform  his  obligation
towards the  principal. When a married woman is prohibited by her
hushand from  the exercise  of an  authority  given  to  her,  it
thereby determines.  When  the  agent  becomes  a  bankrupt,  his
authority is  so far  revoked that he cannot receive any money on
account of  his principal;   5  B. & Ald. 645, 3d edit.;  but for
certain other  purposes, the  bankruptcy of  the agent  does  not
operate as  a revocation.  3 Meriv.  322;   Story, Ag.  §486. The
insanity of  the agent  would render  him unfit  to  act  in  the
business of the agency, and would determine his authority.

    13.  - 5th. The death of the agent puts an end to the agency.
Litt. §66.

   14. - 6th. The extinction of the subject-matter of the agency,
or of the principal's power over it, or the complete execution of
the trust confided to the agent, will put an end to and determine
the agency.

    15.  It must be remembered that an authority, coupled with an
interest, cannot  be revoked either by the acts of the principal,
or by  operation of law. 2 Mason's R. 244, 342;  8 Wheat. R. 170;
1 Pet.  R. 1;   2 Esp. R. 565;  10 B. & Cr. 731;  Story Ag. §477, 483.


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   16. It is true in general, a power ceases with the life of the
person making  it;  but if the interest or estate passes with the
power, and  vests in  the person  by whom the power is exercised,
such person  acts in  his own  name. The  es-tate being  in  him,
passes from  him by a conveyance in his own name. He is no longer
a substitute  acting in the name of another, but is the principal
acting in  his own  name in  pursuance of  powers which limit the
estate. The  legal reason  which limits  the power to the life of
the person  giving it exists no long-er, and the rule ceases with
the reason on which it is founded. 8 Wheat. R. 174.

    17.  The revocation  of the  agent is  a  revocation  of  any
substitute he  may have  appointed. Poth.  Mandat,  n.  112;    2
Liverm. Ag.  307;   Story, Ag. §469. But in some cases, as in the
case of the master of a ship, his death does not revoke the power
of the  mate whom  he had appointed;  and in some cases of public
appointments, on  the death  or removal of the principal officer,
the depu-ties  appointed by him are, by express provisions in the
laws, authorized to continue in the performance of their duties.

    18.  The time  when  the  revocation  takes  effect  must  be
considered, first,  with regard to the agent, and secondly, as it
affects third  persons. 1.  When the  revocation can  be lawfully
made, it  takes effect,  as to  the agent,  from the moment it is
communicated to  him. 2.  As to third persons, the revocation has
no effect  until it  is made  known to  them;   if, therefore, an
agent, knowing  of the  revocation of  his authority, deal with a
third pers6n  in the name of his late principal, when such person
was ignorant  of the revocation, both the agent and the principal
will be  bound by  his acts. Story, Ag. §470;  2 Liverm. Ag. 306;
2 Kent,  Com. 644,  3d edit.;   Paley,  Ag. by  Lloyd, 108,  570;
Story, Bailm. §208;  5 T. R. 215. A note or bill signed, accepted
or indorsed  by a  clerk,  after  his  discharge,  who  had  been
authorized to  sign, indorse,  or accept  bills and notes for his
principal while  in his  employ, will be binding upon the latter,
unless notice  has been given of his discharge and the revocation
of his authority. 3 Chit. Com. Law, 197.

    REVOCATOR.  Recalled. This  word is  used when  a judgment is
annulled for  an error  in fact,  the judgment is then said to be
recalled, revocatur;   and  not reversed,  which is the word used
when a judgment is annulled for an error in law. Tidd's Pr. 1126.

    REVOLT,  crim. law. The act of congress of April 30, 1790, s.
8, 1  Story's L.  U. S.  84, punishes  with death  any seaman who
shall lay  violent hands upon his commander, thereby to hinder or
prevent his  fighting in  defence of his ship, or goods committed
to his  trust, or  shall make  a revolt  in the  ship. What  is a
revolt is  not defined  in the  act of congress nor by the common
law;   it was therefore contended, that it could not be deemed an
offence for which any person could be punished. 1 Pet. R. 118.

    2.  In a  case which  occurred in  the circuit  court for the
eastern district  of Pennsylvania,  the defendants  were  charged
with an  endeavour to  make a revolt. The judges sent up the case
to the supreme court upon a certificate of division of opinion of
the judges;   as to the definition of the word revolt. 4 W. C. C.
R. 528.  The opinion  of  the  supreme  court  was  delivered  by


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Washington, J., and is in these words "This case comes before the
court upon a certificate of division of the opinion of the judges
of the  circuit court  for the  eastern district of Pennsylvania,
upon the  following point  assigned by the defendants as a reason
in arrest  of judgment,  viz. that  the act  of congress does not
define the  offence of  endeavoring to  make a revolt;  and it is
not competent  to the  court to  give a judicial definition of an
offence heretofore unknown.

    "This  court is  of opinion that although the act of congress
does not  define this  offence, it  is nevertheless, competent to
the court  to give a judicial definition of it. We think that the
offence consists  in the endeavor of the crew of a vessel, or any
one or more of them, to overthrow the legitimate authority of her
commander, with  intent to  remove him  from  his  command;    or
against his will to take possession of the vessel by assuming the
government and  navigation of  her;   or  by  transferring  their
obedience from  the lawful  commander to  some other  person." 11
Wheat. R.  417. Vide  4 W.  C. C.  R. 528, 405;  Mason's R. 147 4
Mason, R.  105;   4 Wash.  C. C.  R. 548  1 Pet. C. C. R. 213;  5
Mason, R.  464;   1 Sumn.  448;  3 Wash. C. C. R. 525;  1 Carr. &
Kirw. 429.

    3.  According to  Wolff,  revolt  and  rebellion  are  nearly
synonymous;   he says  it is  the state  of citizens who unjustly
take up  arms against  the prince or government. Wolff, Dr. de la
Nat. 1232.

    REWARD.  An offer of recompense given by authority of law for
the performance of some act for the public good;  which, when the
act has  been performed,  is to be paid;  or it is the recompense
actually paid.

    2.  A reward may be offered by the government or by a private
person. In  criminal prosecutions,  a person  may be  a competent
witness although  he expects,  on conviction  of the prisoner, to
receive a  reward. 1  Leach, 314,  n 9 Barn. & Cresw. 556;  S. C.
Eng. C. L. R. 441;  1 Leach, 134;  1 Hayw. Rep. 3 1 Root, R. 249;
Stark. Ev.  pt. 4, p. 772, 3;  Roscoe's Cr. Ev. 104;  1 Chit. Cr.
Law, 881;   Hawk.  B. 2,  c. 12,  s. 21  to 38;   4 Bl. Com. 294;
Burn's Just. Felony, iv. See 6 Humph. 113.

    3. By the common law, informers, who are entitled under penal
statutes to  part of  the penalty,  are not  in general competent
witnesses. But when a stat-ute can receive no execution, unless a
party interested be a witness, then it seems proper to admit him,
for the  statute must  not be  rendered ineffectual  for want  of
proof. Gilb.  114. In  many acts  of the  legislature there  is a
provision that  the informer  shall be a witness, notwithstanding
the reward. 1 Phil. Ev. 92, 99.

    RHODE  ISLAND. The  name of one of the original states of the
United States  of America.  This state  was settled  by emigrants
from Massachusetts, who assumed the government of themselves by a
voluntarry  association,   which  was   soon  discovered   to  be
insufficient  for   their  protection.  In  1643,  a  charter  of
incorporation of  Providence Plantations  was obtained;   and  in


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1644, the  two houses of parliament, during the forced absence of
Charles the  First, granted  a char-ter  for the incorporation of
the towns of Providence, Newport and Portsmouth, for the absolute
government of  themselves, according to the laws of England. Soon
after the  restoration of  Charles the Second, in July, 1663, the
inhabi-tants obtained  a new  charter from  the crown.  Upon  the
accession of  James, the  inhabitants were accused of a violation
of their  charter;   and a  quo warranto  was filed against them,
when they resolved to surrender it. In 1686, their government was
dissolved, and Sir Edward Andros assumed, by royal authority, the
administration of  the colony.  The revolution of 1688 put an end
to his  power and the colony immediately resumed its charter, the
powers  of  which,  with  some  interruptions,  it  continued  to
maintain  and  exercise  down  to  the  period  of  the  American
Revolution.

    2.  This charter remained as the fundamental law of the state
until the  first Tuesday  of May,  one thousand eight hundred and
forty-three. A  convention of  the people  assembled in November,
1842, and  adopted a  constitution which  went into  operation in
May, 1843, as above mentioned.

    3. By the third article of the constitution the powers of the
government  are   distributed  into   three  departments;     the
legislative, the executive, and the judicial.

   4. - §1. The fourth article regulates the legislative power as
follows, to wit:  Sect. 1. This constitution shall be the supreme
law of  the state,  and any  law inconsistent  therewith shall be
void. The general assembly shall pass all laws necessary to carry
this constitution into effect.

    5. - Sect. 2. The legislative power, under this constitution,
shall be  vested in  two houses, the one to be called the senate,
the other  the house  of representatives;  and both together the,
general assembly.  The concurrence  of the  two houses  shall  be
necessary to the enactment of laws. The style of their laws shall
be, It is enacted by the general assembly as follows.

    6.  - Sect.  3. There  shall be  two sessions  of the general
assembly holden  annually;   one at Newport, on the first Tuesday
of May,  for the  purposes of  election and  other business;  the
other on  the last Monday of October, which last session shall be
holden at South Kingstown once in two years, and the intermediate
years  alternately  at  Bristol  and  East  Greenwich;    and  an
adjournment for  the October  session shall be holden annually at
Providence.

   7. - Sect. 4. No member of the general assembly shall take any
fee, or  be of counsel in any case pending before either house of
the general  assembly, under penalty of forfeiting his seat, upon
proof thereof  to the  satisfaction of the house of which he is a
member.

    8.  - Sect.  5. The  person of  every member  of the  general
assembly  shall  be  exempt  from  arrest  and  his  estate  from
attachment, in  any civil  action,  during  the  session  of  the


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general assembly,  and two  days before the commencement, and two
days after  the termination  thereof;   and  all  process  served
contrary hereto shall be void. For any speech in debate in either
house, no member shall be questioned in any other place.

    9.  - Sect. 6. Each house shall be the judge of the elections
and  qualifications  of  its  members;    and  a  majority  shall
constitute a  quorum to  do business;   but  a smaller number may
adjourn from day to day, and may compel the atten-dance of absent
members, in  such manner,  and under  such penalties,  as may  be
prescribed by  such house  or by law. The organization of the two
houses may  be regulated  by  law,  subject  to  the  limitations
contained in this constitution.

    10.  - Sect.  7.  Each  house  may  determine  its  rules  of
proceeding, punish  contempts, punish  its members for disorderly
behaviour, and,  with the  concurrence  of  two-thirds,  expel  a
member;  but not a second time for the same cause.

    11.  - Sect.  8. Each  house shall  keep  a  journal  of  its
proceedings. The  yeas and  nays of  the members of either house,
shall, at the desire of one-fifth of those present, be entered on
the journal.

    12. - Sect. 9. Neither house shall, during a session, without
the consent  of the other, adjourn for more than two days, nor to
any other place than that in which they may be sitting.

    13.  - Sect.  10. The  general  assembly  shall  continue  to
exercise  the  powers  they  have  heretofore  exercised,  unless
prohibited in this constitution.

   14. - Sect. 11. The senators and representatives shall receive
the sum  of one  dollar for  every day  of attendance,  and eight
cents per mile for travelling expenses in going to and returning,
from the  general assembly.  The general  assembly shall regulate
the compensation  of the governor and all other officers, subject
to the limitations contained in this constitution.

   15. - Sect. 12. All lotteries shall hereafter be prohibited in
this state,  except  those  already  authorized  by  the  general
assembly.

    16.  - Sect.  13. The  general assembly  shall have  no power
hereafter, without  the express  consent of  the people, to incur
state debts to an amount exceeding fifty thousand dollars, except
in time of war, or in case of insurrection or invasion, nor shall
they in  any case,  without such consent, pledge the faith of the
state for  the payment of the obligations of others. This section
shall not  be construed  to  refer  to  any  money  that  may  be
deposited with this state by the government of the United States.

    17.  - Sect.  14. The  assent of  two-thirds of  the  members
elected to  each house  of the general assembly shall be required
to every  bill appropriating  the public  money or  property  for
local or private purposes.


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   18. - Sect. 15. The general assembly shall, from time to time,
provide for  making new valuations of property for the assessment
of taxes, in such manner as they may deem best. A new estimate of
such property  shall be  taken before the first direct state tax,
after the adoption of this constitution, shall be assessed.

    19.  - Sect.  16. The general assembly may provide by law for
the continuance  in office  of any officers of annual election or
appointment, until  other persons  are qualified  to  take  their
places.

    20. - Sect. 17. Hereafter when any bill shall be presented to
either house of the general assembly, to create a corporation for
any other than for religious, literary or charitable purposes, or
for a  military or  fire company,  it shall  be  continued  until
another election  of members  of the  general assembly shall have
taken place, and such public notice of the pendency thereof shall
be given as may be required by law.

   21. - Sect 18. It shall be the duty of the two houses upon the
request of  either, to join in grand committee for the purpose of
electing senators  in congress,  at such times and in such manner
as may be prescribed by law for said elections.

   22. Having disposed of the rules which regulate both houses, a
detailed statement  of the powers of the house of representatives
will here be given.

    23.  - 1.  The house  of representatives  is regulated by the
fifth article  as follows;  Sect. 1. The house of representatives
shall never  exceed seventy-two members, and shall be constituted
on the  basis of  population, always  allowing one representative
for a  fraction, exceeding half the ratio;  but each town or city
shall always  be entitled to at least one member;  and no town or
city shall  have more  than one-sixth  of  the  whole  number  of
members to  which the  house is hereby limited. The present ratio
shall be  one representative  to every fifteen hundred and thirty
inhabitants, and  the general  assembly may, after any new census
taken by  the authority  of the  United States  or of this state,
re-apportion the  representation by  altering the  ratio;  but no
town or  city shall  be divided  into districts for the choice of
representatives.

    25.  - Sect.  2. The  house  of  representatives  shall  have
authority to  elect its  speaker, clerks  and other officers. The
senior member  from the town of Newport, if any be present, shall
preside in the organization of the house.

    26.  - 2.  The senate is the subject of the sixth article, as
follows:     Sect.  1.   The  senate   shall   consist   of   the
lieutenant-governor and  of one senator from each town or city in
the state.

    27.  - Sect.  2.  The  governor,  and,  in  his  absence  the
lieutenant-governor, shall  preside in  the senate  and in  grand
committee.  The   presiding  officer  of  the  senate  and  grand
committee shall  have a  right to vote in case of equal division,
but not otherwise.


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    28. Sect. 3. If, by reason of death, resignation, absence, or
other cause, there be no governor or lieutenant governor present,
to preside in the senate, the senate shall elect one of their own
members to preside during such absence or vacancy, and until such
election is  made by  the senate,  the secretary  of state  shall
preside.

   29. -  Sect. 4. The secretary of state shall, by virtue of his
office, be  secretary of the senate, unless otherwise provided by
law;   and the  senate may  elect such other officers as they may
deem necessary.

    30.  - §2. The seventh article regulates the executive power.
It provides:   Sect.  1. The  chief executive power of this state
shall be  vested in  a governor,  who, together with a lieutenant
governor, shall be annually elected by the people.

    31.  - Sect. 2. The governor shall take care that the laws be
faithfully executed.

       32.   -  Sect.   3.  He   shall  be  captain  general  and
commander-in-chief of the military and naval force of this state,
except when  they shall  be called into the service of the United
States.

    33.  - Sect.  4. He shall have power to grant reprieves after
conviction, in  all cases  except those of impeachment, until the
end of the next session of the general assembly.

    34.  - Sect. 5. He may fill vacancies in office not otherwise
provided for  by this  constitution, or  by law,  until the  same
shall be filled by the general assembly, or by the people.

    35. - Sect. 6. In case of disagreement between the two houses
of  the  general  assembly,  respecting  the  time  or  place  of
adjournment, certified  to him  by either, he may adjourn them to
such time  and place as he shall think proper;  provided that the
time of  adjournment shall  not be extended beyond the day of the
next stated session.

   36. - Sect. 7. He may, on extraordinary occasions, convene the
general assembly  at any  town or city in this state, at any time
not provided  for by  law;   and  in  case  of  danger  from  the
prevalence of  epidemic or  contagious disease,  in the  place in
which the  general assembly  are by law to meet, or to which they
may have been adjourned;  or for other urgent reasons, he may, by
proc-lamation, convene  said assembly,  at any other place within
this state.

    37. - Sec. 8. All commissions shall be in the name and by the
authority  of   the  state   of  Rhode   Island  and   Providence
Plantations;   shall be sealed with the state seal, signed by the
governor and attested by the secretary.


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    38.  - Sect. 9. In case of vacancy in the office of governor,
or of  his inability  to serve,  impeachment, or absence from the
state, the  lieutenant governor shall fill the office of governor
and exercise the powers and authority appertaining thereto, until
a governor  is qualified to act, or until the office is filled at
the next annual election.

    39.  - Sect.  10. If  the offices  of governor and lieutenant
governor  be   both  vacant  by  reason  of  death,  resignation,
impeachment,  absence,  or  otherwise,  the  person  entitled  to
preside over  the senate for the time being, shall in like manner
fill the office of governor during such absence or vacancy.

   40. - Sec. 11. The compensation of the governor and lieutenant
governor shall be established by law, and shall not be diminished
during the term for which they are elected.

    41.  - Sect.  12. The  duties and  powers of  the  secretary,
attorney general,  and general treasurer, shall be the same under
this constitution as are now established, or as from time to time
may be prescribed by law.

   42. - §3. The judicial power is regulated by the tenth article
as follows:   Sect.  1. The judicial power of this state shall be
vested in  one supreme  court, and in such inferior courts as the
general assembly may from time to time, ordain and establish.

   43. - Sect. 2. The several courts shall have such jurisdiction
as, may  from time  to time be prescribed by law. Chancery powers
may be  conferred on  the supreme court, but on no other court to
any greater extent than is now provided by law.

    44.  - Sect.  3. The judges of the supreme court shall in all
trials, instruct  the jury in the law. They shall also give their
written opinion  upon any  question of  law whenever requested by
the governor, or by either house of the general assembly.

    45.  - Sect.  4. The  judges of  the supreme  court shall  be
elected by  the two  houses in  grand committee. Each judge shall
hold  his  office  until  his  place  be  declared  vacant  by  a
resolution of  the  general  assembly  to  that  effect;    which
resolution shall  be voted  for by  a majority of all the members
elected to  the house in which it may originate, and be concurred
in by  the same  majority of  the other  house.  Such  resolution
sliall not  be entertained  at any  other than the annual session
for the  election of  public officers:   and  in default  of  the
passage thereof  at said  session, the judge shall hold his place
as herein  provided. But  a judge  of any  court shall be removed
from office,  if, upon  impeachment, he  shall be found guilty of
any official misdemeanor.

    46.  - Sect.  5. In  case of  vacancy by  death, resignation,
removal from  the state  or from  office, refusal or inability to
serve, of  any judge  of the  supreme court,  the office  may  be
filled by  the grand  committee, until  the next annual election,
and the  judge then  elected shall  hold  his  office  as  before
provided. In  cases  of  impeachment,  or  temporary  absence  or
inability, the  governor may  appoint a  person to  discharge the
duties of the office during the vacancy caused thereby.


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   47. - Sect. 6. The judges of the supreme court shall receive a
compensation for  their services,  which shall  not be diminished
during their continuance in office.

    48.  - Sect.  7. The  towns of New Shoreham and Jamestown may
continue to  elect their  wardens as  heretofore. The other towns
and the  city of Providence, may elect such number of justices of
the  peace  resident  therein,  as  they  may  deem  proper.  The
jurisdiction of  said justices  and wardens shall be regulated by
law. The justices shall be commissioned by the governor.

    RHODIAN  LAW. A code of marine laws established by the people
of Rhodes, bears this name. Vide Law Rhodian.

   RIAL OF PLATE, and RIAL OF VELLON, comm. law. Denominations of
money of Spain.

    2.  In the  ad valorem  duty upon  goods, &c., the former are
computed at  ten cents, and the latter at five cents each. Act of
March 2,  1799, s.  61, 1  Story's Laws  U. S.  626. Vide Foreign
Coins.

   RIBAUD. A rogue;  a vagrant. It is not used.

    RIDER,  practice, legislation.  A schedule  or small piece of
paper or  parchment added  to some part of the record;  as, when,
on the  reading of  a bill  in the  legislature, a  new clause is
added, this  is tacked  to the bill on a separate piece of paper,
and is called a rider.

    RIDING,  Eng. law. An ascertained district, part of a county.
This term has the same meaning in Yorkshire which division has in
Lincolnshire. 4 T. R. 459.

    RIEN.  This is  a French word which signifies nothing. It has
generally this  meaning;   as, rien in arrere;  rien passe per le
fait, nothing  passes by  the deed;  rien per descent, nothing by
descent;   it sometimes  signifies not,  as  rien  culpable,  not
guilty. Doct. Plac. 435.

    RIEN  EN  ARRERE,  pleading.  Nothing  in  arrear;    nothing
remaining due and unpaid.

    2.  The plea  in an  action of  debt for rent, may be rien en
arrere. This is a good general issue. Cowp. 588:  Bac. Ab. Pleas,
I;  12 Saund. 297, n. 1;  2 Lord Raym. 1503;  2 Chit. Pl. 486;  4
Bouv. Inst. n. 3576.

    RIENS  PASSA PAR  LE FAIT.  The name of a plea;  it signifies
that nothing  pass-ed by  the deed;   for example, when a deed is
acknowledged in court, a man cannot plead non est factum, because
the act  was done in court, which cannot be denied;  but when the
deed has  been acknowledged  in a  court not having jurisdiction,
the party  may avoid  the effect  or operation  of  the  deed  by
pleading riens  passa par le fait, for this plea does not impeach
the court  where it  was acknowledged.  Bac. Ab.  Evidence F;   1
Gilb. ET. by Lofft, 326.


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    RIGHT.  This word is used in various senses:  1. Sometimes it
signifies a law, as when we say that natural right requires us to
keep our  promises, or  that it  commands restitution, or that it
forbids murder.  In our language it is seldom used in this sense.
2. It  sometimes means  that quality in our actions by which they
are denominated just ones. This is usually denominated rectitude.
3. It  is that  quality in  a person  by which  he can do certain
actions, or  possess certain things which belong to him by virtue
of some  title. In  this sense,  we use it when we say that a man
has a  right to  his estate  or a  right to defend himself. Ruth,
Inst. c.  2, §1,  2, 3;   Merlin,;  Repert. de Jurisp. mot Droit.
See Wood's Inst. 119.

    2.  In this  latter sense  alone,  will  this  word  be  here
considered. Right  is the  correlative of duty, for, wherever one
has a  right due to him, some other must owe him a duty. 1 Toull.
n. 96.

    3. Rights are perfect and imperfect. When the things which we
have a right to possess or the actions we have a right to do, are
or may be fixed and determinate, the right is a perfect one;  but
when the  thing or  the actions  are vague and indeterminate, the
right is an imperfect one. If a man demand his property, which is
withheld from  him, the  right that  supports  his  demand  is  a
perfect one;   because the thing demanded is, or may be fixed and
determinate.

    4.  But if  a poor man ask relief from those from whom he has
reason to  expect it,  the right, which supports his petition, is
an imperfect  one;   because the  relief which  he expects,  is a
vague indeterminate,  thing. Ruth. Inst. c. 2, §4;  Grot. lib. 1,
c. §4.

    5.  Rights are  also absolute  and qualified.  A man  has  an
absolute right  to recover  property which  belongs to  him;   an
agent has a qualified right to recover such property, when it had
been entrusted  to his  care, and which has been unlawfully taken
out of his possession. Vide Trover.

    6.  Rights might  with propriety be also divided into natural
and civil  rights but  as all  the rights  which man has received
from nature  have been  modified and acquired anew from the civil
law, it  is more proper, when considering their object, to divide
them into political and civil rights.

    7.  Political rights  consist in  the power  to  participate,
directly or  indirectly, in  the establishment  or management  of
government. These political rights are fixed by the constitution.
Every citizen has the right of voting for public officers, and of
being elected;  these are the political rights which the humblest
citizen possesses.


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    8.  Civil rights  are those  which have  no relation  to  the
establishment, support,  or management  of the  government. These
consist in  the power  of acquiring  and  enjoying  property,  of
exercising the paternal and marital powers, and the like. It will
be observed  that  every  one,  unless  deprived  of  them  by  a
sen-tence of  civil death,  is in  the  enjoyment  of  his  civil
rights, which  is not  the case  with political  rights;   for an
alien, for  example, has  no  political,  although  in  the  full
enjoyment of his civil rights.

   9. These latter rights are divided into absolute and relative.
The absolute  rights of mankind may be reduced to three principal
or primary  articles:   the right  of  personal  security,  which
consists in  a person's legal and uninter-rupted enjoyment of his
life, his  limbs, his  body, his health, and his reputation;  the
right of  personal  liberty,  which  consists  in  the  power  of
locomotion, of  changing situation,  or removing  one's person to
whatsoever  place  one's  inclination  may  direct,  without  any
restraint, unless  by due  course of law;  the right of property,
which consists  in the  free use,  enjoyment, and disposal of all
his acquisitions, without any control or diminution, save only by
the laws of the land. 1 Bl. 124 to 139.

    10. The relative rights are public or private:  the first are
those which subsist between the people and the government, as the
right of  protection on  the part of the people, and the right of
allegiance which  is due  by the  people to  the government;  the
second are  the reciprocal rights of hushand and wife, parent and
child, guardian and ward, aud master and servant.

    11.  Rights are  also divided  into legal  and equitable. The
former are  those where the party has the legal title to a thing,
and in  that case, his remedy for an infringement of it, is by an
action in  a court  of law. Although the person holding the legal
title may  have no actual interest, but hold only as trustee, the
suit must  be in  his name,  and not  in general,  in that of the
cestui que  trust. 1  East, 497 8 T. R. 332;  1 Saund. 158, n. 1;
2 Bing.  20. The latter, or equitable rights, are those which may
be enforced  in a  court of  equity by the cestui que trust. See,
generally, Bouv. Ins t. Index, h. t. Remedy.

    RIGHT  OF DISCUSSION,  Scottish  law.  The  right  which  the
cautioner (surety)  has to  insist that the creditor shall do his
best to  compel the  performance of the contract by the principal
debtor, before  he shall  be called  upon. 1 Bell's Com. 347, 5th
ed. Vide  8 Serg. & Rawle, 116;  15 Serg. & Rawle, 29, 30 and the
articles Surety. Suretyship.

    RIGHT  OF DIVISION,  Scottish law.  The right  which each  of
several cautioners  (sureties) has  to refuse  to answer for more
than his  own share of the debt. To entitle the cautioner to this
right, the other cautioners must be solvent, and there must be no
words in the bond to exclude it. 1 Bell's Com. 347, 5th ed.

   RIGHT OF HABITATION. By this term, in Louisiana, is understood
the right  of dwelling  gratuitously in  a house, the property of
another. Civ. Code, art. 623;  3 Toull. ch. 2, p. 325;  14 Toull.
n. 279, p. 330;  Poth. h. t., n. 22-25.


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    RIGHT  OF RELIEF, Scottish law. The right which the cautioner
(surety) has against the principal debtor when he has been forced
to pay his debt. 1 Bell's Com. 347, 5th ed.

    RIGHT  PATENT. The name of an ancient writ, which Fitzherbert
says, "ought  to be brought of lands and tenements, and not of an
advowson, or  of common,  and lieth  only of  an  estate  of  fee
simple, and  not for  him who  has a  lesser estate, as tenant in
tail, tenant in frank marriage, or tenant for life." F. N. B. 1.

   RIGHT, WRIT OF. Breve de recto. Vide Writ of light.

   RING DROPPING, crim. law. This phrase is applied in England to
a trick  frequently practised  in  committing  larcenies.  It  is
difficult to  define it;   it will be sufficiently exemplified by
the following  cases. The  prisoner, with some accomplices, being
in company with the prosecutor, pretended to find a valuable ring
wrapped up  in a  paper, appearing to be a jeweller's receipt for
"a rich  brilliant diamond  ring." They offered to leave the ring
with the prosecutor, if he would deposit some money and his watch
as a  security. The  prosecutor having  accordingly laid down his
watch and  money on  a table, was beckoned out of the room by one
of the  confederates, while  the others  took away  his watch and
money. This  was held  to amount  to a  larceny. 1 Leach, 238;  2
East, P. C. 678. In another case under similar circumstances, the
prisoner procured  from the  prosecutor twenty guineas, promising
to return them the next morning, and leaving the false jewel with
him. This  was also held to be larceny. 1 Leach, 314;  2 East, P.
C. 679. In these cases the prosecutor had no intention of parting
with the  property in the money or goods stolen. It was taken, in
the first  case while the transaction was proceeding, without his
knowledge;  and, in the last, under the promise that it should be
returned. Vide 2 Leach, 640.

    RINGING  THE CHANGE,  crim.  law.  A  trick  practised  by  a
criminal, by which, on receiving a good piece of money in payment
of an  article, he  pretends it  is not  good, and,  changing it,
returns to the buyer a counterfeit one, as in the following case:
The prosecutor  having  bargained  with  the  prisoner,  who  was
selling fruit  about the  streets, to  have  five  apricot's  for
sixpence, gave  him a  good shilling  to change. The prisoner put
the shilling into his mouth, as if to bite it in order to try its
goodness, and returning a shilling to the prosecutor, told him it
was a  bad one.  The prosecutor  gave him  another good  shilling
which he  also  affected  to  bite,  and  then  returned  another
shilling, saying  it was  a bad  one.  The  prosecutor  gave  him
another good  shilling with which he practised this trick a third
time the shillings returned by him being in every respect, bad. 2
Leach, 64.

    2. This was held to be an uttering of false money. 1 Russ. on
Cr. 114.

    RIOT,  crim. law.  At common  law  a  riot  is  a  tumultuous
disturbance of  the peace,  by three  persons or  more assembling
together of  their own  authority, with  an intent,  mutually  to
assist each  other against  any who  shall oppose  them,  in  the
execution of  some enterprise of a private nature, and afterwards
actually executing the same in a violent and turbulent manner, to
the terror of the people, whether the act intended were of itself
lawful or unlawful.


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    2.  In this  case there  must be  proved, first,  an unlawful
assembling;   for if  a number  of persons lawfully met together;
as, for  example, at  a fire,  in a  theatre or  a church, should
suddenly quarrel  and fight,  the offence  is an affray and not a
riot, because  there was no unlawful assembling;  but if three or
more being  so assembled,  on a dispute occurring, they form into
parties with promises of mutual assistance, which promises may be
express, or implied from the circumstances, then the offence will
no longer  be an  affray, but  a riot;   the unlawful combination
will amount  to an  assembling within  the meaning of the law. In
this manner any lawful assembly may be converted into a riot. Any
one who  joins the rioters after they have actually commenced, is
equally guilty as if he had joined them while assembling.

    3.  Secondly, proof must be made of actual violence and force
on the  part of  the rioters, or of such circumstances as have an
apparent tendency to force and violence, and calculated to strike
terror into  the public  mind. The  definition requires  that the
offenders should  assemble of  their own  authority, in  order to
create a  riot;    if,  therefore,  the  parties  act  under  the
authority of the law, they may use any necessary force to enforce
their mandate, without committing this offence.

    4.  Thirdly, evidence must be given that the defendants acted
in the  riot, and  were participants  in the  disturbance. Vide 1
Russ. on  Cr. 247  Vin. Ab.  h. t.;   Hawk. c. 65, s. 1, 8, 9;  3
Inst. 176;   4  Bl. Com.  146 Com.  Dig. h.  t.;   Chit. Cr. Law,
Index, h. t. Roscoe, Cr. Ev. h. t.

    RIOTOUSLY,  pleadings. A  technical word  properly used in an
indictment for  a riot,  and ex  vi termini,  implies violence. 2
Sess. Cas. 13;  2 Str. 834;  2 Chit. Cr. Law, 489.

    RIPA.  The bank  of a  river, or  the place  beyond which the
waters do not in their natural course overflow.

    2. An extraordinary overflow does not change the banks of the
river. Poth.  Pand. lib. 50, h. t. See Banks of rivers;  Riparian
proprietors;  Rivers.

     RIPARIAN  PROPRIETORS,  estates.  This  term,  used  by  the
civilians, has been adopted by the common lawyers. 4 Mason's Rep.
397. Those  who own the land bounding upon a water course, are so
called.

    2.  Such riparian  proprietor owns that portion of the bed of
the river  (not navigable)  which is  adjoining his land usque ad
filum aquce;   or,  in other words, to the thread or central line
of the  stream. Harg. Tr. 5;  Holt's R. 499;  3 Dane's Dig. 4;  7
Mass. R.  496;   5 Wend.  R. 423;  3 Caines, 319 2 Conn. 482;  20
Johns. R. 91;  Angell, Water Courses, 3 to 10;  9 Porter, R. 577:
Kames, Eq.  part 1,  c. 1,  s. 1;   26 Wend. R. 404;  11 Stanton,


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138;   4 Hill,  369. The proprietor of land adjoining a navigable
river has  an exclusive  right to  the soil, between high and low
water marks,  for the  purpose of  erecting wharves  or buildings
thereon. 7 Conn. 186. But see 1 Pennsyl. 462. Vide River.

    RIPUARIAN LAW. A code of laws of the Franks, who occupied the
country  upon   the  Rhine,  the  Meuse  and  Scheldt,  who  were
collectively known  by the  name Ripuarians,  and their  laws  as
Ripuarian law.

    RISK.  A danger,  a peril  to which  a thing  is exposed. The
subject will  be divided  by considering, 1. Risks with regard to
insurances. 2. Risks in the contracts of sale, barter, &c.

    2. - §1. In the contract of insurance, the insurer takes upon
him the  risks to  which the subject of the insurance is exposed,
and agrees  to indemnify  the insured when a loss occurs. This is
equally the  case in marine and terrestrial insurance. But as the
rules which  govern these several contracts are not the same, the
subject of  marine risks  will be considered, and, afterwards, of
terrestrial risks.

    3. - 1st. Marine risks are perils which are incident to a sea
voyage;  1 Marsh. Ins. 215;  or those fortuitous events which may
happen in  the course of the voyage. Poth. Contr. d'assur. n. 49;
Pardes. Dr.  Com. n. 770. It will be proper to consider, 1. Their
nature. 2. Their duration.

   4. - 1. The nature of the risks usually insured against. These
risks may  be occasioned  by storms,  shipwreck,  jetsom,  prize,
pillage, fire,  war, reprisals, detention by foreign governments,
contribution to losses experienced for the common benefit, or for
expenses which  would not have taken place if it had not been for
such events.  But the  insurer may  by special contract limit his
responsibility for  these risks. He may insure against all risks,
or only  against enumerated risks;  for the benefit of particular
persons, or  for whom  it may  concern. 2  Wash. C. C. R. 346;  1
John. Cas.  337;   2 John.  Cas. 480  1 Pet.  151 2 Mass.,365;  8
Mass. 308.  The law  itself has  made some  exceptions founded on
public policy,  which require that in certain cases men shall not
be permitted to protect themselves against some particular perils
by insurance;  among these are, first, that no man can insure any
loss or  damage proceeding  directly from  his own fault. 1 John.
Cas. 337;   Poth.  h. t. n. 65;  Pard. h. t. n. 771;  Marsh. Ins.
215. Secondly, nor can be insure risks or perils of the sea, upon
a trade forbidden by the laws. Thirdly, the risks excluded by the
usual memorandum  (q. v.)  contained in  the policy.  Marsh. Ins.
221.

   5. As the insurance is upon maritime risks, the accidents must
have happened  on the  sea, unless  the agreement  include  other
risks. The  loss by  accidents which  might happen on land in the
course of  the voyage,  even when  the unloading  may  have  been
authorized by the policy, or is required by local regulations, as
where they  are necessary  for sanitary measures, is not borne by
the insurer. Pard. Dr. Com. n. 770.


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    6.  - 2. As to the duration of the risk. The commencement and
end of  the risk depend upon the words of the policy. The insurer
may take and modify what risks he pleases. The policy may be on a
voyage out,  or a  voyage in, or it may be for part of the route,
or for  a limited  time, or  from port  to port. See 3 Kent, Com.
254;   Pard. Dr.  Com. n.  775;   Marsh. 246;   1  Binn. 592. The
duration of the risk on goods is considered in Marsh. Ins. 247 a;
on ships, p. 280;  on freight, p. 278, and 12 Wheat. 383.

    7.  - 2d.  In insurances  against fire,  the risks and losses
insured against,  are all  losses or damages by fire;  but, as in
cases of  marine insurances, this may be limited as to the things
insured, or as to the cause or occasion of the accident, and many
policies exclude  fires caused  by a  mob or  the enemies  of the
commonwealth. The  duration of  the policy  is Iimited by its own
provisions.

    8.  - 3d.  In insurances on lives, the risks are the death of
the party from whatever cause, but in general the following risks
are excepted,  namely:  1. Death abroad or in a district excluded
by the  terms of  the policy.  2.  Entering  into  the  naval  or
military service  without the consent of the insurer. 3. Death by
suicide. 4.  Death by duelling. 5. Death by the hands of justice.
See Insurance  on lives.  The duration of the risks is limited by
the terms of the policy.

    9.  - §2.  As a  general rule,  whenever the  sale  has  been
completed;   the risk  of loss  of the  things sold  is upon  the
buyer;   but until it is complete, and while something remains to
be done  by either  party, in  relation to it, the risk is on the
seller;   as, if  the goods  are to  be weighed  or measured. See
Sale.

    10.  In sales, the risks to which property is exposed and the
loss which may occur, before the contract is fully complete, must
be borne  by him  in whom  the title  resides:  when the bargain,
therefore, is  made and rendered binding by giving earnest, or by
part payment,  or part  delivery, or  by a  compliance  with  the
requisitions of  the statute of frauds, the property, and with it
the risk, attaches to the purchaser. 2 Kent, Com. 392.

    11.  In Louisiana,  as  soon  as  the  contract  of  sale  is
completed, the  thing sold  is at the risk of the buyer, but with
the following  modifications:   Until the thing sold is delivered
to the  buyer, the  seller is  obliged to  guard it as a faithful
administrator, and  if through  his want  of care,  the thing  is
de-stroyed, or  its value  diminished, the  seller is responsible
for the  loss. He  is released from this degree of care, when the
buyer delays  obtaining the  possession:   but he is still liable
for any  injury which  the thing  sold may sus-tain through gross
neglect on  his part.  If it is the seller who delays to de-liver
the thing, and it be destroyed, even by a fortuitous event, it is
be who  sustains the  loss, unless it appears that the fortuitous
event would  equally have occasioned the destruction of the thing
in the  buyer's possession,  after delivery.  Art. 2442-2445. For
the rules  of the  civil law on this subject, see Inst. 2, 1, 41;
Poth. Contr. de Vente, 4eme partie, n. 308, et seq.


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   RIVER. A natural collection of waters, arising from springs or
fountains, which flow in a bed or canal of considerable width and
length, towards the sea.

    2. Rivers may be considered as public or private.

    3.  Public rivers  are those  in which  the  public  have  an
interest.

    4.  They are either navigable, which, technically understood,
signifies such rivers in which the tide flows;  or not navigable.
The soil  or bed  of such  a navigable  river, understood in this
sense, belongs not to the riparian proprietor, but to the public.
3 Caines' Rep. 307;  10 John. R. 236;  17 John. R. 151;  20 John.
R. 90;   5  Wend. R. 423;  6 Cowen, R. 518;  14 Serg. & Rawle, 9;
1 Rand.  Rep. 417;  3 Rand. R. 33;  3 Greenl. R. 269;  2 Conn. R.
481;  5 Pick. 199.

   5. Public rivers, not navigable, are those which belong to the
people in  general, as  public highways. The soil of these rivers
belongs generally, to the riparian owner, but the public have the
use of  the stream,  and the authors of nuisances and impediments
over such  a stream  are indictable.  Ang. on Water Courses, 202;
Davies' Rep. 152;  Callis on Sewers, 78;  4 Burr. 2162.

    6.  By the  ordinance  of  1787,  art.  4,  relating  to  the
north-western  territory,  it  is  provided  that  the  navigable
waters, leading  into the  Mississippi and  St. Lawrence, and the
carrying places  between the  same, shall be common highways, and
forever free. 3 Story, L. U. S. 2077.

   7. A private river, is one so naturally obstructed, that there
is no  passage for  boats;   for if  it be  capable of  being  so
navigated, the  public may  use its  waters. 1 M'Cord's Rep. 580.
The soil  in general belongs to the riparian proprietors. (q. v.)
A river, then, may be considered, 1st. As private, in the case of
shallow and  obstructed streams.  2d. As  private  property,  but
subject to  public use,  when it  can be  navigated;  and, 3d. As
public, both  with regard  to its  use and  property. Some rivers
possess all  these qualities.  The  Hudson  is  mentioned  as  an
instance;   in one  part it  is entirely  private property;    in
another the public have the use of it;  and it is public property
from the  mouth as  high up as the tide flows. Ang. Wat. Co. 205,
6.

    8. In Pennsylvania, it has been held that the great rivers of
that state,  as the  Susquehanna, belong  to the public, and that
the riparian proprietor does not own the bed or canal. 2 Binn. R.
75;  14 Serg. & Rawle, 71. Vide, generally, Civ. Code of Lo. 444;
Bac. Ab.  Prerogatives, B  3;  7 Com. Dig. 291;  1 Bro. Civ. Law,
170;   Merl. Repert,  h. t.;   Jacobsen's Sea Laws, 417;  2 Hill.
Abr. c.  13;   2 Fairf.  R. 278 3 Ohio Rep. 496;  6 Mass. R. 435;
15 John.  R. 447;   1 Pet. C. C. Rep. 64;  1 Paige's Rep. 448;  3
Dane's R. 4;  7 Mass. Rep. 496;  17 Mass. Rep. 289;  5 Greenl. R.
69;  10 Wend. R. 260;  Kames, Eq. 38;  6 Watts & Serg. 101. As to
the boundaries of rivers, see Metc. & Perk. Dig. Boundaries, IV.;


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as to  the grant  of a  river, see  5 Cowen, 216;  Co. Litt. 4 b;
Com. Dig. Grant, E 5.

    RIX  DOLLAR. The name of a coin. The rix dollar of Bremen, is
deemed as  money of  account, at  the custom-house,  to be of the
value of  seventy-eight and three quarters cents. Act of March 3,
1843. The  rix dollar  is computed  at one  hundred cents. Act of
March 2, 1799, s. 61. Vide Foreign coins.

   RIXA, civil law. A dispute;  a quarrel. Dig. 48, 8, 17.

   RIXATRIX. A common scold. (q. v.)

   ROAD. A passage through the country for the use of the people.
3 Yeates, 421.

    2.  Roads are public or private. Public roads are laid out by
public author-ity, or dedicated by individuals to public use. The
public have the use of such roads, but the owner of the land over
which they  are made  and the  owners  of  land  bounded  on  the
highway, have,  prima facie,  a fee  in such  highway, ad  medium
filum vice,  subject to  the easement  in favor  of the public. 1
Conn. 193;  11 Conn. 60;  2 John. 357 15 John. 447. But where the
boundary excludes  the highway,  it is,  of course,  excluded. 11
Pick. 193.  See 13  Mass. 259.  The proprietor  of the  soil,  is
therefore entitled  to all the fruits which grow by its side;  16
Mass. 366,  7;   and to  all the  mineral wealth  it contains.  1
Rolle, 392, 1. 5;  4 Day, R. 328;  1 Conn'. Rep, 103;  6 Mass. R.
454;  4 Mass, R. 427;  15 Johns. Rep. 447, 583;  2 Johns. R. 357;
Com. Dig.  Chimin, A 2;  6 Pet. 498;  1 Sumn. 21;  10 Pet. 25;  6
Pick. 57;  6 Mass. 454;  12 Wend. 98.

    3.  There are  public roads, such as turnpikes and railroads,
which are  constructed by  public authority,  or by corporations.
These are kept in good order by the respective companies to which
they belong,  and persons  travelling on  them, with  animals and
vehicles, are  required to  pay toll.  In general these companies
have only  a right  of passage  over the  land, which remains the
property, subject  to the  easement, of the owner at the time the
road was made or of his heirs or assigns.

   4. Private roads are, such as are used for private individuals
only, and  are not  wanted for  the public  generally.  Sometimes
roads of  this kind  are wanted  for the  accommodation  of  land
otherwise enclosed  and without  access to public roads. The soil
of such  roads belongs  to the  owner of the land over which they
are made.

    5. Public roads are kept in repair at the public expense, and
private roads  by those who use them. Vide Domain;  Way. 13 Mass.
256;   1 Sumn.  Rep. 21;   2  Hill. Ab. c. 7;  1 Pick. R. 122;  2
Mass. R.  127 6 Mass. R. 454;  4 Mass. R. 427;  15 Mass. Rep. 33;
3 Rawle,  R. 495;  1 N. H. Rep. 16;  1 M'Cord, R. 67;  1 Conn. R.
103;   2 John.  R. 357;   1  John. Rep. 447;  15 John. R. 483;  4
Day, Rep.  330;   2 Bailey,  Rep. 271;   1 Burr. 133;  7 B. & Cr.
304;   11 Price  R. 736;  7 Taunt. R. 39;  Str. 1004. 1 Shepl. R.
250;  5 Conn. Rep. 528;  8 Pick. R. 473;  Crabb, R. P. §§102-104.


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    ROAD,  mar. law. A road is defined by Lord Hale to be an open
passage of  the sea,  which, from  the situation  of the adjacent
land, and  its own depth and wideness, affords a secure place for
the common riding and anchoring of vessels. Hale de Port. Mar. p.
2, c.  2. This  word, however,  does not  appear to  have a  very
definite meaning. 2 Chit. Com. Law, 4, 5.

   ROARING. A disease among horses occasioned by the circumstance
of the  neck of  the windpipe  being too  narrow for  accelerated
respiration;   the disorder is frequently produced by sore throat
or other topical inflammation.

    2.  A horse  affected  with  this  malady  is  rendered  less
serviceable, and  he is therefore unsound. 2 Stark. R. 81;  S. C.
3 Engl. Com. Law Rep. 255;  2 Camp. R. 523.

    ROBBER.  One who  commits a  robbery. One who feloniously and
forcibly takes  goods or  money to  any value  from the person of
another by violence or putting him, in fear.

    ROBBERY,  crimes. The  felonious and forcible taking from the
person of  another, goods  or money  to any value, by violence or
putting him in fear. 4 Bl. Com. 243 1 Bald. 102.

   2. By "taking from the person" is meant not only the immediate
taking from  his person,  but also  from his  presence when it is
done with violence and against his consent. 1 Hale, P. C. 533;  2
Russ. Crimes,  61. The  taking must be by violence or putting the
owner in  fear, but both these circumstances need not concur, for
if a  man should  be knocked  down and  then robbed  while be  is
insensible, the  offence is  still a robbery. 4 Binn. R. 379. And
if the party be put in fear by threats and then robbed, it is not
necessary there should be any greater violence.

    3.  This offence  differs from  a larceny  from the person in
this, that  in the  latter, there  is no  violence, while  in the
former the  crime is incomplete without an actual or constructive
force. Id.  Vide 2  Swift's Dig. 298. Prin. Pen. Law, ch. 22, §4,
p. 285;  and Carrying away;  Invito Domino;  Larceny;  Taking.

    ROD. A measure sixteen feet and a half long;  a perch.

    ROGATORY,  LETTERS.   A  kind  of  commission  from  a  judge
authorizing and  requesting a  judge of  another jurisdiction  to
examine a witness.  Vide Letters Rogatory.

    ROGUE. A French word, which in that language signifies proud,
arrogant. In  some of  the ancient  English statutes  it means an
idle, sturdy  beggar, which  is its  meaning in  law. Rogues  are
usually punished  as vagrants.  Although the word rogue is a word
of reproach,  yet to  charge one as a rogue is not actionable.  5
Binn. 219. See 2 Dev. 162 Hardin, 529.

   ROLE D'EQUIPAGE. The list of a ship's crew;  the muster roll.

    ROLL. A schedule of parchment which may be turned up with the
hand in the form of a pipe or tube. Jacob, L. D. h. t.


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    2. In early times, before paper came in common use, parchment
was the substance employed for making records, and, as the art of
bookbinding was  but little  used, economy  suggested as the most
convenient  mode   of  adding  sheet  to  sheet,  as  were  found
requisite, and  they were tacked together in such manner that the
whole length  might be  wound up  together in  the form of spiral
rolls.

   3. Figuratively it signifies the records of a court or office.
In Pennsylvania  the master  of the rolls was an officer in whose
office were recorded the acts of the legislature. 1 Smith's Laws,
46.

    ROOD OF LAND. The fourth part of an acre.

    ROOT. That part of a tree or plant under ground from which it
draws most of its nourishment from the earth.

    2.  When the roots of a tree planted in one man's land extend
into that  of another, this circumstance does not give the latter
any right  to the  tree, though such is the doctrine of the civil
law;   Dig. 41, 1, 7, 13;  but such person has a right to cut off
the roots up to his line. Rolle's R. 394, vide Tree.

   3. In a figurative sense, the term root is used to signify the
person from  whom one or more others are descended. Vide Descent;
Per stirpes.

    ROSTER.  A list  of persons  who are in their turn to perform
certain duties, required of them by law. Tytler , on Courts Mart.
93.

    ROUBLE. The name of a coin. The rouble of Russia, as money of
account, is  deemed and  taken at  the custom-house, to be of the
value of seventy-five cents. Act March 3, 1843.

    ROUT,  crim. law.  A disturbance  of  the  peace  by  persons
assembled together  with an  intention to  do a  thing, which, if
executed, would  have made  them rioters,  and actually  making a
motion towards the execution of their purpose.

    2. It generally agrees in all particulars with a riot, except
only in  this, that  it may  be a  complete offence  without  the
execution of  the intended  enterprise. Hawk.  c. 65,  s. 14;   1
Russ. on  Cr. 253;   4  Bl. Com.  140;  Vin. Abr. Riots, &c., A 2
Com. Dig. Forcible Entry, D 9.

    ROUTOUSLY,  pleadings. A  technical  word  properly  used  in
indictments for  a rout  as descriptive  of the  offence. 2 Salk.
593.

    ROYAL  HONORS.  In  diploniatic  language  by  this  term  is
understood the  rights enjoyed  by every  empire  or  kingdom  in
Europe, by  the pope,  the grand  duchies  of  Germany,  and  the
Germanic, and Swiss confederations, to precedence over all others


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who do  not enjoy  the same  rank, with  the exclusive  right  of
sending to  other states  public ministers  of the first rank, as
ambassadors,  together   with  other   distinctive   titles   and
ceremonies. Vattel,  Law of Nat. B. 2, c. 3, §38;  Wheat. Intern.
Law, pt. 2, c. 3, §2.

    RUBRIC,  civil law.  The title  or inscription  of any law or
statute, because the copyists formerly drew and painted the title
of laws  and statutes rubro colore, in red letters. Ayl. Pand. B.
1, t. 8;  Diet. do Juris. h. t.

    RUDENESS,  crim. law.  An impolite  action;   contrary to the
usual rules  observed in society, committed by one person against
another.

    2.  This is  a relative term which it is difficult to define:
those acts  which one  friend might  do to  another, could not be
justified by  persons altogether  unacquainted persons  moving in
polished society could not be permitted to do to each other, what
boatmen, hostlers,  and such  persons might  perhaps  justify.  2
Hagg. Eccl.  R. 73.  An act  done by  a gentleman  towards a lady
might be  considered rudeness, whicb, if done by one gentleman to
another might not be looked upon in that light. Russ. & Ry. 130.

    3.  A person who touches another with rudeness is guilty of a
battery. (q. v.)

     RULE.  This  is  a  metaphorical  expression  borrowed  from
mechanics. The  rule, in  its proper  and natural  sense,  is  an
instrument by  means of  which may  be drawn  from one  point  to
another, the  shortest possible  line, which is called a straight
line.

    2.  The rule  is a  means of  comparison in the arts to judge
whether the  line be  straight, as it serves in jurisprudence, to
judge whether  an action  be just or unjust, it is just or right,
when it  agrees with the rule, which is the law. It is unjust and
wrong, when  it deviates from it. lt is the same with our will or
our intention.

    RULE  OF LAW.  Rules of law are general maxims, formed by the
courts, who  having observed  what is  common to  many particular
cases, announce  this conformity  by a  maxim, which  is called a
rule;  because in doubtful and unforeseen cases, it is a rule for
their decision;   it  embraces particular  cases  within  general
principles. Toull. Tit. prel. n. 17;  1 Bl. Com. 44;  Domat, liv.
prel. t.  1, s. 1 Ram on Judgm. 30;  3 Barn. & Adol. 34;  2 Russ.
R. 216,  580, 581;  4 Russ. R. 305;  10 Price's R. 218, 219, 228;
1 Barn.  & Cr. 86;  7 Bing. R. 280;  1 Ld. Raym. 728;  5 T. R. 5;
4 M. & S. 348. See Maxim.

    RULE  OF COURT.  An order  made by  a court  having competent
jurisdiction.

    2.  Rules of court are either general or special;  the former
are the laws by which the practice of the court is governed;  the
latter are special orders made in particular cases.


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    3.  Disobedience to  these is  punished  by  giving  judgment
against the disobedient party, or by attachment for contempt.

    RULE  TO SHOW  CAUSE. An  order  made  by  the  court,  in  a
particular case,  upon motion  of one of the parties calling upon
the other  to appear  at a  particular time  before the court, to
show cause,  if any  he have,  why a  certain thing should not be
done.

   2. This rule is granted generally upon the oath or affirmation
of the  applicant;    but  upon  the  hearing,  the  evidence  of
competent witnesses  must be  given to  support the rule, and the
affidavit of the applicant is insufficient.

    RULE  OF THE  WAR, l756,  comm. law,  war. A rule relating to
neutrals was the first rule practically, established in 1756, and
universally promulgated,  that "neutrals  are not  to carry on in
times of  war, a  trade which was interdicted to them in times of
peace." Chit.  Law of  Nat. 166;   2  Rob. n.  186;  4 Rob. App.;
Reeve on  Shipp. 271;   1  Kent, Com.  82;  Mann. Law Nat. 196 to
202.

    RULE, TERM, English practice. A term rule is in the nature of
a day  rule, by  which a  prisoner is enabled by the terms of one
rule, instead  of a  daily rule,  to quit the prison or its rules
for the  purpose of  transacting his  business. lt is obtained in
the same manner as a day rule. See Rules.

    TO  RULE. This  has several  meanings:   1. To  determine  or
decide;   as, the court rule the point in favor of the plaintiff.
2. To order by rule;  as rule to plead.

    RULES,  English law.  The rules of the King's Bench and Fleet
are certain limits without the actual walls of the prisons, where
the prisoner,  on proper security previously given to the marshal
of the  king's bench,  or warden of the fleet, may reside;  those
limits are  considered, for  all legal and practical purposes, as
merely a further extension of the prison walls.

    2.  The rules or permission to reside without the prison, may
be obtained  by any  person not  committed criminally;  2 Str. R.
845;   nor for  contempt Id.  817;   by satisfying the marshal or
warden of the security with which he may grant such permission.

    RULES  OF PRACTICE. Certain orders made by the courts for the
purpose of  regulating the  practice of  members of  the bar  and
others.

    2.  Every court of record has an inherent power to make rules
for the  transaction of  its business;  which rules they may from
time to  time change, alter, rescind or repeal. While they are in
force they  must be  applied to all cases which fall within them;
they can  use no discretion, unless such discretion is authorized
by the  rules themselves.  Rules  of  court  cannot,  of  course,
contra-vene the  constitution or  the law of the land. 3 Pick. R.
512;  2 Har. & John. 79;  1 Pet. S. C. R. 604;  3 Binn. 227, 417;
3 S.  & R. 253;  8 S. & R. 336;  2 Misso. R. 98;  11 S. & R. 131;
5 Pick. R. 187.


         Bouvier's Law Dictionary : R1 : Page 137 of 139


    RUMOR. A general public report of certain things, without any
certainty as to their truth.

    2. In general, rumor cannot be received in evidence, but when
the question  is whether such rumor existed, and not its truth or
falsehood, then evidence of it may be given.

   RUNCINUS. A nag. 1 Tho. Co. Litt. 471.

   RUNNING DAYS. In settling the lay days, (q. v.) or the days of
demiurrage, (q.  v.) the  contract sometimes  specifies  "running
days;" by  this exprression  is, in general, understood, that the
days shall  be reckoned  like the  days in  a bill  of exchange 1
Bell's Comm. 577, 5th ed.

     RUNNING  OF  THE  STATUTE  OF  LIMITATIONS.  A  metaphorical
expression, by  which is  meant that  the time  mentioned in  the
statute of limitations is considered as passing. 1 Bouv. Inst. n.
861.

    RUNNING  WITH THE  LAND. A  technical expression  applied  to
covenants real, which affect the land;  and if a lessee covenants
that he  and his  assigns will repair the house demised, or pay a
ground-rent, and  the  lessee  grants  over  the  term,  and  the
assignee does  not repair  the house  or pay  the ground-rent, an
action lies  against the  assignee at  common law,  because  this
covenant runs  with the  land. Bro. Covenant, 32 Rolle's Ab. 522;
Bac. Ab. Covenant, E 4.

    2.  The same  principle which  regulates  the  annexation  of
incorporeal to  corporeal property, determines what covenants may
be annexed  to a  tenure. Those  alone which  tend directly,  not
merely through  the intervention of collateral causes, to improve
the estate,  give stability  to the  tenant's title,  assure him,
from a defective one, or add to the lord's means on the one hand,
the tenant's  on the other, of enforcing the stipulations between
them, are of this sort. Cro. Eliz. 617;  Cro. Jac. 125;  2 H. Bl.
133 T. Jones, 144;  Cro. Car. 137, 503.

    3.  Covenants running  with the  land pass  with the  tenure,
though not  made with  assigns. The parties to them are not A and
B, but  the tenant and the landlord in those characters. When the
landlord assigns  the reversion, the assignee becomes lord in his
room, fills  the precise situation and character the assignor was
clothed with, and is therefore entitled to the privileges annexed
to that  character. Whether the tenant is sued by the landlord or
his assigns, be is sued by the same person, namely, his lord. The
same argument,  changing  its  terms,  applies  to  the  tenant's
assignee. 5  Co. 24;   Cro. Eliz. 552;  3 Mod. 538;  10 Mod. 152;
12 Mod. 371.


         Bouvier's Law Dictionary : R1 : Page 138 of 139


    4.  To make a covenant run with the land, it is not requisite
that the  cove-nantor should  be possessed of any estate;  be may
be an  entire stranger  to the land, but the covenantee must have
some transferable  interest in  it, to  which  the  covenant  can
attach itself, for otherwise the covenant is merely personal. Co.
Litt. 385  a;   3 T. R. 393;  2 Sc. 630 2 Bing. N. S. 411. And to
make the  assignee liable, he must take the estate the covenantee
had in  the land,  and no  other, for when he takes another and a
different estate  in the  same  land,  he  cannot  sue  upon  the
covenants. 6 East, 289. Vide Breach;  Covenant.

   5. A covenant running with the land passes to the heir at law,
on the  death of  the ancestor, whether the heir be named in such
covenant or not. 2 Lev. 92;  2 Saund. 367 a. Vide Covenant.

    RUPEE,  comm. law.  A denomination of money in Bengal. In the
computation of  ad valorem duties, it is valued at fifty-five and
one half  cents. Act of March 2, 1799, s. 61;  1 Story's L. U. S.
627. Vide Foreign coins.

    2.  The rupee  of British  India as  money of  account at the
custom-house, shall  be deemed  and taken  to be  of the value of
forty-four and one half cents. Act of March 3, 1848.

   RURAL. That which relates to the country, as rural servitudes.
See Urban.

    RUSE DE GUERRE. Literally a trick in war;  a stratagem. It is
said to  be lawful  among  belligerents,  provided  it  does  not
involve treachery  and falsehood.  Grot. Droit de la Guerre, liv.
3, c. 1, §9.

    RUTA,  civ. law.  The name  given to  those things  which are
extracted or  taken from  land, as  sand, chalk,  coal, and  such
other things. Poth. Pand. liv. 50, h. t.


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