Restitution

1.

The restoring of any thing unlawfully taken from another.

2.

The name of a writ or order issued in favor of a successful plaintiff in error, to restore to him all that he has lost by the judgment which has been reversed thief, for the restitution of the stolen goods to their true owner. 4 Bl. Com. 362, 363 Restitution, however, may be ordered in a summary manner without writ; and this is believed to be the usual practice throughout the United States. Restitution of conjugal rights. A suit for restitution of conjugal rights is a suit which, by English law, may be brought when either husband or wife lives separately from the other without any sufficient reason to compel the party so living separately to return to the other.

8 Bl. Com. 94.

It was formerly brought in the ecclesiastical court; but since the divorce act of 1857 it has been brought in the court for divorce and matrimonial causes, now consolidated with the high court of justice. No such proceeding is allowed or known, we believe, throughout the United States. Restitution of minors. A term of Scotch law for the relief grantable to a minor, on his attaining full age, against a deed executed by him during his minority, which may be hurtful to him. In some cases, a deed so executed is absolutely null and void; and its invalidity may be pleaded in an exception to an action founded upon it. But in other cases it is merely voidable; and, unless an action be brought to rescind it within four years of his attaining full age, called the quadriennium utile, the deed cannot be afterwards impeached.

BeU.