Besemblance

See Like; Quasi; Similitude. RESERVATIOIf; RESERVE.* Reserve: to keep or hold back, withhold, as one thing or right out of another — the subject-matter; also, the thing withheld. Reservation: the act of withholding; also the thing itself which is not given up; and also the clause in a writing by which that thing is reserved. 1. An auctioneer sells " without reserve " when no price is prescribed up to which the property must be bid. See Auction. 2. When an author wishes to reserve the right to translate or to dramatize his work he must give notice that that is his purpose by printing "Right of translation reserved " or "All rights reserved," below the notice of copyright entry; and the librarian of Congress is thereby notified to record such reservation. See Copyright. 3. Public land withheld from sale, as, for military posts, for parks, for the use of Tndian tribes, or other purposes, is called the "public reservation" or simply the "reservation." In former years, " reserve " seems to have been in vogue, as, in " Western Reserve." In this sense reservation does not imply an absolute disposition of the land or lands, in all cases, but a withholding for some other disposition, as, sale, or the use of schools." SeePKE-EMPTios, 2; Land, Public. The reservation of lands for any specific purpose 13 Bl. Com. 12, 170; 42 N. H.; 5 Pick. 7U; 113 tr. S. 111-14, infra. ' 4 Bl. Com. 131. 3 See 2 Bish. Cr. Law, 1 1065; 1 Hale, P. C. 606; Findley V. Mc Allister, 113 U. S. 111-14 (1885), cases; 1 Stoiy, 88; 2 Gall. 313. by the government is but an expression of a desire to use them for that purpose. The same precision in the use of terms is not required as in the case of a conveyance.' 4. The creation of a right or interest, which ' had no prior existence as such, in a thing or part of a thing granted.^ By a reservation in a deed a new right is created in the thing granted which did not.previously exist, and is reserved to the grantor. ^ An ' ' exception " is always part of the thing granted, and of the whole of the thing excepted. A reservation may be of a right or interest in the particular part which it affects. The terms are often used in the same sense. Though apt words of reservation be used, they w Ul be continued as an exception, if such was the design of the parties.^! ' See Exception, 1. 5. Many other rights are said to be reserved or not reserved. Thus, the maker of a power of attorney may reserve the right to revoke the power; and a respondent in equity may reserve, in his answer, the advantage to be had from a defect in the structure of the bill. As to reserved rights under the Constitution, see that title, pp. 237-39. 6. In practice, when, during the course of a trial, the judge decides, for the time being, a point raised, but subject to revision by the court at the hearing of a motion for a new trial, he is said to "reserve a question of law." The procedure enables the jury to render a verdict on the facts subject to the decision upon the question reserved. The question must be one of p Tu:e law. The facts, which are to be agreed upon or else found by the jury, must be stated in the record. The question, moreover, must be such as rules the case: the object of reserving it being to save the necessity for a second trial. An adverse verdict on the facts will, of course, preclude the point from arising. The reservation of subordinate questions tends to complicate the case. A point cannot properly be reserved unless, if it be held one way, the court would be bound to instruct the jury tor which of the parties to find.* 7. The sum of money which every national bank in the sixteen largest cities must have on hand — an amount equal to at least ' United States v. Payne,." Mc Crary, 301 (1881); 13 Pet. 266; 92 U. S. 738. 2 Kister v. Eei-ser, 98 Pa. 5 (1881), Trunkey, J. ' Perkins v. Stockwell, 131 Mass. 530 (1881), cases, Devens, J.; Kimball v. Withington, 141 id. 379(1886). See also 2 Mc Lean, 392; 8 Saw. 99: 16 Conn. *482; 38 id. 542; 18 Iowa, 338; 42 Me. 9; 59 id. 340; lOT Mass. 322-23; 126 id. 196: 120 id. 231; 11 N. Y. 321; 41 id. 483; 29 Ohio St. 'twenty-five per centum of the aggregate of its notes in circulation and its deposits. Fifteen per centum is required of all other national banks. When the reserve falls below this limit, the bank may not increase its liability otherwise than by purchasing sight bills oJ exchange, nor may it make a dividend. On failure to make the reserve within thirty days after notice from him, the comptroller of the currency, with the concun-ence of the secretary of the treasury,^may appoint a receiver and wind up the bank.' ^ RESIDE; RESIDEl SrCE; RESI-