Dictionary of Terms and Phrases Used in American or English Jurisprudence

The question has been mooted whether the general term railroad includes horse or street railroads, or is confined to those run by steam. The decisions differ; and the rule seems to

Has some peculiar uses, generally importing the idea of calling or bringing any thing into existence, or of inferring the existence of any thing Raising an action. In Scotland, is

In public-land laws and surveys, is used as a guide in finding a given township; the townships of a certain row or tier, as they appear on the map, are said to lie in range No. so

In old English law, a sworn officer of the royal forests, whose duties were to walk daily through the territory in his charge; to inquire of trespasses and trespassers within his j

Every modus of tithes is presumably based on a composition on fairly equitable terms, by which the modus is substituted for the payment of tithe. See Modus. If then, a modus be so

1. In old English law, a sum of money paid for the pardoning of some great offence, or to redeem the person from captivity or imprisonment, or property from seizure; a fine, partic

The removing of letters or words of an instrument by scraping off the ink and fibres of paper to which it adheres; erasm-e. It is a species of alteration of instruments.

By the phrase ratable value, as used in the Connecticut statute against evasive transfers of bank stock, is not meant the percentage at which the stock goes into the grand levy, th

Acceptance of or assent to an act performed by another; confirmation by a constituent or principal of what has been done by a representative or an agent without original authority.

Reason. Also, an account; a cause. Ratio legis est anima legis. The reason of the law is the soul of the law. This principle is more commonly expressed by the maxim, cessante ralio

The verb corresponding to the noun rape, q. v. Ravishment: abduction; marriage of an infant ward without guardian's consent. Also, rape. Ravish, or ravished, is indispensably neces

1. In the Middle Temple those persons are called readers who are appointed to deliver lectures or readings at certain periods during the term. 2. The clerks in holy orders who read

In English ecclesiastical law, a new incumbent of a benefice is required to read, within two months of actual possession, the morning and evening prayers, and declare his unfeigned

On a note payable in ready-made clothing, the payee has no right to demand a garment which has been

In common-law jurisprudence, generally signifies landed; having the attributes of permanency and immobility which distinguish the soil; connected with or relating to land, or estat

Where the plaintiff was to be paid " out of the first money and government scrip realized " by the defendant from the sale of certain lands, it was held that an executory contract

A brief term for real property, also for any thing which partakes of the nature of real property.

Occurs in several phrases which have a technical meaning. Reasonable aid. A duty claimed by the lord of the fee, of his tenants holding by knight-service, to marry his daughter, &c

See Reinsurance.

A second attachment, or an attachment of a person who has been previously attached, and has been dismissed the court without day, from the happening of some casual circumstance. Co

1. In modern public and criminal law, one who engages in war, or rises in armed resistance against his government; one who forcibly resists the execution of the laws, or of lawful

To contradict, meet, or oppose allegations, charges, or evidence; to adduce counter-proofs. Rebutter: the name, in the system of common-law pleading, of the answer interposed by de

Taking a second time; applied to an arrest of a person who has been before arrested for the same cause, but has escaped. Recaption, or reprisal, is a species of remedy by the mere

The taking from an enemy, by a friendly force, a vessel previously taken for prize by such enemy.

1. The act or transaction of accepting or taking any thing delivered; and, in the plural, moneys Code, § 1825, relating to the compensation of administrators, therein used, means p

Originally, one who gives a receipt. But the term has a special sense, in the practice established in many of the states, relative to goods seized on attachment. The officer, inste

It may apply to the obtaining real property, as well as personal. Harlow v. Tufts, 4 Cush. 448, 453.

1. In equity practice, a person appointed by a court to take charge of funds or property while sub judice, make sales, collect proceeds or increase, and render account. mode, in ch

To state in a written instrument facts connected with its inception, or reasons for its being made. Recital: the formal statement or setting sons upon which the transaction is foun

1. Spoken of pecuniary claims, means to demand back again what one has before parted with. Thus, if one pays for goods, and they are not delivered, and he sues to recover back the

A name formerly applied to a jury impanelled on an assise in a real action; because, says Jacob, they acknowledge a disseisin by their verdict. The word is sometimes met in modern

An obligation of record, which a man enters into before some court of record, or magistrate duly authorized, binding himself under a penalty to do some particular act, — as to appe

V. To enter in writing, for preservation; to make memorial in official books; to transcribe in permar nent form, for future reference; to write out as authentic evidence. Record, n

1. The title of a class of judicial officers, having generally original criminal jurisdiction within a locality, together with statutory authority over various special proceedings.

or BECOUPE. To deduct or keep back; to withhold part of a demand, from equitable reasons. Recoupment, or recoupement: discount; abatement or reduction of a demand. These words are

The general mercantile law allows that when a payee or indorsee of a negotiable instrument desires to transfer his property in it, without at the same time assuming the responsibil

1. To obtain by means of judicial proceedings. Recovered: established to be one's right, or obtained by judicial proceedings. Recovery: obtaining by judicial proceedings; also, the

To answer one accusation by a counter-charge. Thus, for defendant in a divorce suit, founded on allegations of adultery, to charge the plaintiff with adultery, is to recriminate. C

This term, in Mass. Stat. 186.3, ch. 38, confirming acts of towns in agreeing to pay "bounties and recruiting expenses" for soldiers already furnished by them, can only be applied

Any person, firm, or corporation who rectifies, purifies, or refines distilled spirits or wine by any process, or who, by mixing distilled spirits or wine with any materials, manuf

A writ of right, in various cases. The following are particularly mentioned: Recto de advocatlone ecclesiae. Writ of right of advowson. This was a writ of right which lay for a man

In ecclesiastical law, the incumbent in full possession of the rights of a parochial church. Rectory: the house and grounds belonging to the parish church, and appropriated to the

Right in court; free from any chai-ge or impeachment. The condition of a person who stands at the bar, against whom there is no charge or objection; or a person who has cleared him

A word of English use, connected with the law relating to the church, and which, as employed in the statutes, is understood to mean one of those persons who separate from the churc

The red-book of the exchequer is an ancient record, being a manuscript volume of several miscellaneous treatises, kept in an office in the exchequer. It contains some things (as th

A surrendering or restoring; being also a judicial acknowledgment that the thing in demand belongs to the demandant, and not to the person so surrendering. Toirdins.

or REDITUS. Something given back, and particularly a rent. Redditus siccus, or dry rent, was a term of old English law applied to rents for which the landlord in former times had n

To buy back; to repurchase. Redeemable: that which one has the right to buy back. Redeemed: bought back; repurchased. Redemption: the buying back or repurchasing something which on

or REDHIBITION. The civil-law name for buyer's rescission of the contract of sale; the returning a thing purchased for defects, and annulling the sale. Redhibitory action. A suit t

A disseisin made by a person who had once before been adjudged to have disseised the same man of his lands or tenements, for which there lay a special writ, termed a writ of rediss

To diminish. Reduction: abatement, diminution, or making smaller a demand. Reduce to possession. To change a mere right in action into actual custody and enjoyment. When a person t

A fault in the draughting of writings, consisting in irrelevant matters are stigmatized as redundant. The words are chiefly used of excess or supei-fluities in pleadings; but this

To resume possession. Re-entry: the entering again into or resuming possession of lands. Usually in leases there is a proviso, that upon the tenant not paying the rent, or not perf

An old word signifying officer. It is differently defined in the books which attempt to say what sort of an officer it imported; apparently because it was applied to many officers

A second extent made on lands and tenements, on complaint being made that the former extent was only partially performed. Cowel.

1. Is used in a technical sense, as meaning to send an issue or question arising in a cause to be tried or examined by a person or persons specially designated for that duty. Refer

To correct; to make anew; to rectify. Reformation: reforming; the making a thing to be what it ought. The chief technical use of these terms is with reference to judicial correctio

In the parlance of English courts, a fee paid to barristers, in cases of prolonged attendance and service. According to Brown's explanation, it frequently happens that, after the b

Is spoken of the act of a witness who, having forgotten details of the matter as to which he is testifying, consults his documents, memoranda, or books to bring the facts more dist

Besides the popular use of this word in the sense of emblems of royalty, indicia of sovereignty, it is used in old law for the king's royal rights, his prerogative: considered to c

In old English law, inspection; supervision. Also, a reward, fee, or perquisite. Regard had a special use in matters pertaining to the forest. The regarder was an officer charged w

A person appointed to conduct the affairs of state in a monarchy, in lieu of the reigning sovereign, during the absenqe, disability, or minority of the latter. Regency: the conditi

A collection of ancient Scottish law, supposed to have been compiled by order of David I., king of Scotland. Bell. It is so similar to the treatise on English law, written by Glanv

A slayer of a king; also, the killing of a king.

A French word for a system of regulations or rules. Regime dotal. In French law, the dot, being the property which the wife brings to the husband as her contribution to the support

The queen. As the queen is the source of authority in English criminal prosecutions, the proceedings in them are entitled in her name; and criminal cases during a woman's reign are

V. To enter in official permanent books or form; to record. Register, n.: a record. Register, n.; Registrar: one whose office it is to enter documents, occurrences, and transaction

Acts of parliament are generally designated by the year of the reign in which they were enacted, rather than by the year of our Lord. The following table is a convenient aid in det

In old English law, the offence (no longer considered one) of buying or getting into one's hands at a fair or market any provisions, corn, or other dead victual, with the intention

General rules. The rules issued from time to time by the authority of the English judges for the regulation of procedure in the court. The term corresponds to the expression, rules

According to rule. And this may be in two senses: that of according to rule, in distinction from contrai-y to or regardless of rule, in which sense it is opposed to ii Tegular; and

The power to regulate ferries, conferred upon the common council of a city, was held not to include the power to prohibit them without a license being first obtained for them. Duck

The phrase, regulations of a department, in acts of congress, should be understood as meaning general rules relating to the subject upon which a department acts, made by the head o

A second hearing; repetition of the judicial consideration of a cause. Hearing is applied to the consideration by an equity judge of the merits of the cause; to the consideration b

In the absence of any stipulations to the contrary, the primary meaning, to pay back, must be imputed to the word reimburse in a contract. Phila^ delphia Trust, &c. Ins. Co. v. Aud

Signifies insurance effected by an underwriter (or insurance company) upon the risk he has assumed by the policy he has made. Reinsurance does not mean merely insurance again; and

The name, in common-law pleading, of the answer made by defendant to the plaintiff's replica^ tion. It is, therefore, the fourth in order of the pleadings which may be interposed i

Signifies rejoining without a notice from the opposite party to do so. Before the common-law procedure act, 1852, if a defendant delayed his rejoinder, the plaintiff might apply fo

1. A connection or tie between two subjects; the bearing or effect of one thing upon another; the association or union of two persons for some purpose of domestic life, or in some

See Relation. Under a bequest to " relatives," the next of kin, according to the statute of distributions, are entitled to take, there being nothing in the will to the contrary. Dr

One who gives information. Technically, the person upon information or complaint from whom the proceeding known as information (17. v.) or the writ of quo warranto is instituted, a

Is both verb and noun. It may be, and often is, used in the general sense of discharge or surrender. Thus, when it is said that acts of a creditor are an implied release, or that a

Having abandoned his plea. The name of a species of confession of judgment made by a defendant after pleading, by withdrawing or abandoning his plea.

1. In the practice of courts, relief is the general term for the advantage, benefit, or help which a complainant asks from the tribunal; the judicial enforcement of a right or redr

As used in Ohio Const, art. 1, § 7, declaring " religion, morality, and knowledge " to be essential to good government, means the religion of mankind, and not the religion of any c

An estate limited to take effect and be enjoyed after another estate is determined. Thus, if an owner of lands in fee-simple grants them to A for twenty years, and after the determ

1. The recommittal of an accused person to prison, or his readmission to bail, on the adjournment of the hearing of a criminal charge in a police court. It is used as verb and noun

It remains. This word is used in a substantive sense, in English practice, signifying an adjourned cause. When a cause entered for trial cannot be tried during the term, and is pos

Were three officers or clerks of the exchequer, who were formerly called clerks of the remembrance. One was called the king's remembrancer; the second, the lord-treasurer's remembr

To return; to surrender. It is nearly interchangeable with the verb release; and the two words, remise and release, are often conjoined in conveyancing.

See Remit.

Implies that the act involved was performed, but was done in a tardy, negligent, or careless manner. The word is not applicable to entire omission or default. See Baldwin V. United

and REMISSION. Are applicable, vrithout involving departure from the vernacular meaning, to the release of a debt, the discharge of a penalty, and the pardon of an offence. Remit a

A term in real-property law for a fiction or theory whereby one who has the right of entry in lands, but is out of possession, and who obtains possession of the lands under sopae s

It is sent back; it is remitted. The word is used as an English substantive in two senses. 1. A remittitur of record is the sending back of a record or transcript from a superior t

As used in Stat. 1785, eh. 75, § 4, respecting vacancies in town offices, means a removal from the town. Inhabitants of Barre v. Inhabitants of Greenwich, 1 Pick. 129. A statute al

A marshal is not to be deemed " removed from office " by the appointment of a successor, until he has received actual notice of the new appointment. Bowerbank v. Morris, Wcdl. C. C

To give up; to yield; to surrender. Also, to paj' or perform; as to render homage or rent. There are certain things in a manor which lie in prender, that is, which may be taken by

Substitution of a new obligation or right, of the same nature, for an old one. Thus the renewal of alease is giving a lease embodying substantially the same terms and conditions, t

To give up, explicitly; to disavow a right or privilege; to disclaim. Renunciation: declaring that one will not assume an office, privilege, or right; disclaimer. Renounce is narro