Black's Law Dictionary

A representative action or suit is one brought by a member of a class of persons on behalf of himself and the other members of the class. In the proceedings before judgment the pla

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. I

Those who, at the commencement of every new parliament, are elected to represent Scotland and Ireland in the British house of lords; sixteen for the former and twenty-eight for the

In criminal law. The withdrawing of a sentence of death for an interval of time, whereby the execution is suspended. 4 Bl. Comm. 394. And see Butler v. State, 07 Ind. 374; Sterling

A public and formal censure or severe reproof, administered to a person in fault by his superior officer or by a body to which he belongs. Thus, a member of a legislative body may

The forcibly taking a thing by one nation which belonged to another, in return or satisfaction for an injury committed by the latter on the former. Vattel, b. 2, c. 18, s. 342.

In English law. Deductions and duties which are yearly paid out of a manor and lands, as rent-charge, rent seek, pensions, corrodies, annuities, etc., so that, when the clear yearl

Money refused [the refusal of money tendered] releases him who pays, [or tenders it.] 9 Coke, 79a.

In ecclesiastical law The interposition of objections or exceptions ; as, to the competency of witnesses, to the due execution of instruments offered in evidence and the like,

In old records. Money paid by servile tenants for exemption from the customary duty of reaping for the lord. Cowell.

A commonwealth; a form of government which derives ali its powers directly or indirectly from the general body of citizens, and in which the executive power is lodged in officers c

A government in the republican form; a government of the people; a government by representatives chosen by the people. See In re Duncan. 139 U. S. 449, 11 Sup. Ct. 573, 35 L. Ed. 2

The re-execution or re-establishment by a testator of a will which he had once revoked. A second publication of a will, either expressly or by construction.

To put away, reject, disclaim or renounce a right, duty, obligation or privllege.

Rejection; disclaimer; renunciation; the rejection or refusal of an offered or available right or privilege or of a duty or relation. See Iowa State Sav. Bank v. Black, 91 Iowa, 49

Lat. In Roman law. A breaking off of the contract of espousals or of a marriage intended to be solemnized. Sometimes translated "divorce;" but this was not the proper sense. Dig. 5

An inconsistency, opposition or contrariety between two or more clauses of the same deed or contract or between two or more material allegations of the same pleading. See Lehman v.

That which is contrary to what is stated before or insensible. A repugnant condition is void.

Et vnlgaris opinio est duplex, sell.: Opinio vnlgaris orta inter graves et discretos homines, et quaa vultum veritatis habet$ et opinio tantum orta inter leves et vnlgares homines,

A person's credit, honor, character, good name. Injuries to one's reputation, which is a personal right, are defamatory and malicious words, libeis, and malicious indictments or pr

Accepted by general, vulgar or publlc opinion. Thus, land may be reputed part of a manor, though not really so, and a certain district may be reputed a parish or a manor or be a pa

Whenever the demesne lands and the services become absolutely separated, the manor ceases to be a manor in reality, although it may (and usually does) continue to be a manor in rep

He who has the general credit or reputation of being the owner or proprietor of goods is said to be the reputed owner. See Santa Cruz Rock Pav. Co. v. Lyons (Cal.) 48 Pac. 601. Thi

An asking or petition; the expression of a desire to some person for something to be granted or done; particularly for the payment of a debt or performance of a contract. The two w

In English law. Many suits are brought before the Dean of the Arches as original judge, the cognizance of which properly belongs to inferior jurisdictions within the province, but

In English law. A note requesting permission to remove dutiable goods from one place to another without paying the excise.

See Courts Requests.

A demand in writing, or formal request or requirement. Bain v. State, 61 Ala. 79; Atwood v. Charlton, 21 R.I. 568, 45 Atl. 580. In international law. The formal demand by one gover

written inquiries made by the solicitor of an intending purchaser of land, or of any estate or interest therein, and addressed to the vendor's solicitor, in respect of some apparen

In Scotch law. Interior fiefs; portions of a fief or feud granted out to inferior tenants. 2 Bl. Comm. 57.

4 Inst. Proem. The order of things is cohfounded if every one preserve not his jurisdiction.

6 Coke, 40. The progress of events shows many things which, at the beginning, could not be guarded against or foreseen.

Every one is the regulator and disposer of his own property. Co. Litt. 223a.

Lat. In the civil law. A thing; an object. As a term of the law, this word has a very wide and extensive signification, including not only things which are objects of property, but

One thing throws light upon others. Odgen v. Gibbons, 4 Johns. Ch. (N. Y.) 149.

In the civil law. An accessory thing; that which belongs to a principal thing, or is in connection with it

Broom, Max. 49L The accessory follows the principal.

A common but indefensible misspelling of res judicata. The latter term designates a point or question or subject-matter which was in controversy or dispute and has been authoritati

Where a person who has sold goods or other property to a purchaser sells them again to some one else. Sometimes a vendor reserves the right of reselling If the purchaser commits de

In the civil law. A fallen or escheated thing; an escheat. Hallifax, Civil Law, hi 2, c. 9, nn. 60.

In old English Jiractice. An admission or receiving a third person to plead hls right in a cause formerly commenced between two others; as, in an action by tenant for life or years

The lord's receiving homage of hls tenant at his admission to the land. Kitch. 148.

To abrogate, annul, avoid or cancel a contract; particularly,'nullifying a contract by the act of a party. See Powell v. Linde Co., 29 Misc. Rep. 419, 60 N. Y. Supp. 1044; Hurst v.

Lat. In the civil law. An annulling; avoiding or making void; abrogation ; rescission. Cod. 4, 44.

Rescission or the act of rescinding, is where a contract is canceled, annulled or abrogated by the parties or one of them. In Spanish law, nullity is divided into absolute and rela

In Scotch law. One to rescind or annul a deed or contract.

In the civil law. Things common to all; that is, those things which are used and enjoyed by every one, even in single parts, but can never be exclusively acquired as a whole, e. g.

In the civil law. A matter controverted ; a matter in controversy; a point in question ; a question for determination. Calvin.

In old English law. Things of the crown; such as ancient manors, homages of the king, liberties, etc. Fleta, lib. 3, c. 6, § 3.

In the civil law. Corporeal things; things which can be touched, or are perceptible to the senses. Dig. 1, 8, 1, 1; Inst. 2, 2; Bract, fols. 76, 10b, 136.

Rescue. The taking back by force goods which had bcen taken under a distress or the violently taking away a man who is under arrest, and setting him at liberty or otherwise procuri

In canon law. A term Including any form of apostolical letter emanating from the pope. The answer of the pope In writing. Diet Droit Can. In the civil law. A species of Imperial co

In French law. A re-scription is a letter by which one requests some one to pay a certain sum of money or to account for him to a third person for it. Poth. Cont de Change, no. 225

Lat In the civil law. A species of imperial constitution, in the form of an answer to some application or petition; a rescript. Calvin.

The act of forcibly and inten-tionaliy delivering a person from lawful arrest or imprisonment, and setting him at liberty. 4 Bl. Comm. 131; Code Ga. § 4478; Robinson v. State, 82 G

In old English law. A rescuer; one who commits a rescous. Cro. Jac. 419; Cowell.

In Fr. Resceit; receipt; the receiving or harboring a felon, after the commission of a crime. Britt, c. 23.

9 Coke, 47. The thing is named from its principal part.

Abandoned property ; property thrown away or forsaken by the owner, so as to become open to the acquisition of the first taker or occupant. See Rhodes v. Whitehead, 27 Tex. 313, 84

In English law. The second sealing of a writ by a master so as to continue it or to cure it of an irregularity.

Reserving. In old conveyancing. An apt word of reserving a rent. Co. Litt 47a.

A clause in a deed or other instrument of conveyance by which the grantor creates, and reserves to himself, some right, interest, or profit in the estate granted, which had no prev

A reservation ought not to be of the profits themselves, because they are granted, but from the new rent, apart from the profits. Co. Litt. 142.

2 Salk. 512. It is a wretched sinte of things when law is vague and mutable.

The receiving or harboring an outlawed person. Cowell. —Reset of theft. In Scotch law. The receiving and keeping stolen goods, knowing them to be stolen, with a design of felonious

In Scotch law. The receiving and keeping stolen goods, knowing them to be stolen, with a design of feloniously retaining them from the reni owner. Alls. Crim. Law, (328.

In Scotch law. A receiver of stolen goods knowing them to have been stolen.

In the civil law. Fungible things; things of such a nature that they can be replaced by equal quantities and qualities when returning a loan or delivering goods purchased, for exam

In Scotch law. Goods which have been stolen. Bell.

3 Inst. 182. The word "thing" has a general signification, because it comprehends corporeal and incorporeal objects, of whatever nature, sort or species.

Things done; transactions; essential circumstances surrounding the subject. The circumstances, facts, and declarations which grow out of the main fact, are contemporaneous with it,

In the civil law, things which are prescriptible ; things to which a lawful title may be acquired by ordinary prescription.

Residence, abode or continuance.

In old English law. Continually dwelling or ubiding in a place; resident; a resident. KItchim 33; Cowell. —Resiant rolls. Those containing the re-siants in a tithing, etc., which a

Those containing the re-siants in a tithing, etc., which are to be called ever by the steward on holding couris leet.

Living or dwelling in a certain place permanently or for a considerable length of time. The place where a man makes his home, or where he dwells permanently or for an extended peri

One who has his residence in a place. "Resident" and "inhabitant" are distinguishable in meaning. The word "inhabitant" implies a more fixed and permanent abode than does "resident

A person who resides in the particular place (town, city, county, etc.) and who owns an estate in lands therein amounting at least to a freehold interest. Damp v. Dane, 29 Wis. 427

In international law. A public minister who resides at a foreign court. Resident ministers are ranked in the third class of public ministera. Wheat. Int. Law, 264, 267.

See Devise.

See Residuary.

Relating to the residue; relating to the part remaining.

Pertaining to the residue; constituting the residue; giving or bequeathing the residue; receiving or entitled to the residue. Riker v. Cornwell, 113 N. Y. 115, 20 N. E. 602; Kerr v

In English practice. The account which every executor and administrator, after paying the debts and particniar legacies of the deceased, and bsfore paying over the residuum, must p

The clause in a will by which that part of the property is disposed of which remains after satisfying previous, bequests and devises.

The person named in a will, who is to take all the real property remaining over and above the other devises.

The remaining part of a testator's estate and effects, after payment of debts and legacies ; or that portion of his estate which has not been particularly devised or bequeathed. Se

See Legacy.

The person to whom a testator bequeaths the residue of his personal estate, after the payment of such other legacies as are specifically mentioned in the will. Probate Court v. Mat

The surplus of a testator's estate remaining after all the debts and particular legacies have been discharged. 2 BL Comm. 514. The "residue" of a testator's estate and effects mean

That which remains after any process of separation or deduction; a residue or balance. That which remains of a decedent's estate, after debts have been paid and legacies deducted.

Resignation is a spontaneous relinquishment of one's own right Godb. 284.

The act by which an officer renounces the further exercise of his offico and returns the same into the hands of those from whom he received it In ecclesiastical law. Resignation is

A bond or other engagement in writing taken by a patron from the clergyman presented by him to a living, to resign the benefice at a future period. This is allowable in certain cas

Ofie in favor of whom a resignation is made, 1 Bell, Comm. l25n.

Lat. In old English law. To draw back from a contract before it is made binding. Bract, fol. 38.

Things belonging to the public public property ; such as the sea, navigable rivers, highways, etc.

In the civil law. Immovable things; including land and that' which is connected therewith, either by nature or art, such as trees and buildings. Mackeld. Rom. Law, § 160.

In the civil law. Incorporeal things; things which cannot be touched; such as those things which consist in right Inst. 2, 2; Bract, fols. 7b, 10b. Such things as the mind alone ca

A whole thing; a new or unopened thing. The term is applied to those points of law which have not been decided, which are untouched by dictum or decision. 3 Mer. 269.