Restitution

Restoration to former condition or position. See Restitutio. Return of a thing to its owner: the act of making the return, or the proceeding or writ by which directed; ' At common law, when the judgment of a lower court is reversed, the court of review may specially order that the plaintiff in error be restored to whatpacker's Appeal, 41 Pa. 501 (1862); 53 id.

5a3; Smith, Eq. 206, 320; 3 Pars. Contr. 151. 1 Lewis u. Hitchcock, 10 F. R. 6-7(1882), cases, Brown, D. J.; s. c. 13 Rep. 300; 1 Hilt. 195; 54 Barb. 311. 2 Act 3 March, 1851: 9 St. L. 035.

See Prope Uer ever he has lost in consequence of the erroneous judgment. Any such order is part of the judgment in reversal. The judgment, in form, is, not only that the judgment of the court below be reversed, but that " it is considered, that the defendant be restored to all things which he has lost on occasion of the judgment aforesaid; " and the writ of restitution which is issued in pursuance of it, and in which the sheriff is commanded to levy the money of the chattels of the plaintiff below, or to arrest his person, is strictly an execution.' In crimes, at common law, there was no restitution, because the indictment was in the name of the king.

But by gl Hen. VIII (1530), c.

11, on conviction of larceny, the prosecutor was to have restitution of the goods. That act was repealed by 7 and 8 Geo. IV (18^, u. 27, 29, which provides that the court may order restoration to the owner or his representative, from the thief or the receiver from him; but not so, if the thing stolen was a negotiable security, which has come into the possession of a bona fide holder, for value, without reasonable cause to suspect that the paper was stolen. ^