Black's Law Dictionary
2nd edition, 1910 — browse every term in this dictionary, A–Z.
Showing the 22,662 terms defined in Black's Law Dictionary. Browse all dictionaries
The return of writs. The indorsement by a sheriff or other officer of his doings upon a writ
A writ that lies for the distrainor of goods (when, on replevin brought, he has proved his distress to be a lawful one) against him who was so distrained, to have them returned to
In international law. A species of retaliation, which takes place where a government, whose citizens are subjected to severe and stringent regulation or harsh treatment by a foreig
In Scotch law. To return a writ to the office in chancery from which it issued.
In Scotch law. A certified copy of a verdict establishing the legal character of a party as heir to a decedent.
Fr. In French law. A formula put upon a bill of exchange to signify that the drawer waives protest, and will not be responsible for costs arising thereon. Arg. Fr. Merc. Law, 573.
Fr. Return without protest. A request or direction by a drawer of a bill of exchange that, should the bill be dishonored by the drawee, it may be returned without protest.
To take back. To retract an offer is to withdraw it before acceptanco, which the offerer may uiways do.
In probate practice, is a withdrawal of a renunciation, (q. v.)
In Spanish law. The right of revoking a contract of sale; the right of redemption of a thing sold. White, New Rfecop. hi 2, tit. 13, c. 2, § 4.
Lat. The ebb or return of a tide. Cowell.
L. Lat In old Scotch law. The power which a superior possessed of paying off a debt due to an adjudging creditor, and inking a conveyance to the adjudication. Bell.
Fr. In old French and Canadian law. The taking back of a fief by the seignior, in case of alienation by the vassal. A right of pre-emption by the seignior, in case of sale of the l
- Retraxitdefined inCase LawBallentine's (1916)Black's (1910)Anderson (1889)Stimson (1881)Abbott (1879)Bouvier (1839)
Lat In practice. An open and voluntary renunciation by a plaintiff of his suit in court, made when the trial is called on, by which he forever loses his action or is barred from co
In the law relating to homicide in self-defense, this phrase means that the party must avall himself of any apparent and reasonable avenues of escape by which his danger might be a
This word is sometimes used in law, though not commonly in modern times, as the equivalent of "recompense," or a payment or compensation for services, property, nse of an estate or
Lat. Back; backward; behind. Retrofeodum, a rerefief or arriere fief. Spelman.
Has the same meaning as "retrospective," (q. vt)
In the civll law. When the assignee of heritable rights conveys his rights back to the cedent, it is called a "retrocession." Ersk. Inst. 3, 5, 1.
Looking back; contemplating what is past —Retrospective law. A law which looks backward or contemplates the past; one which is made to affect acts or facts transpiring, or rights a
A law which looks backward or contemplates the past; one which is made to affect acts or facts transpiring, or rights accruing, bsfore it came into force. Every statute which lakes
L. Fr. An accusation or charge. St Westm. 1, c. 2.
- Returndefined inCase LawU.S. CodeCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Stimson (1881)Abbott (1879)Bouvier (1839)
The act of a sheriff, constable or other ministerial officer, in delivering back to the court a writ, notice or other paper, which he was required to serve or execute, with a brief
In practice. To be returned; requiring a return. When a writ is said to be "returnable" on a certain day, It is meant that on that day the officer must return It
The book containing the list of members returned to the house of commons. May, Pari. Pr.
The day named in a writ or process, upon which the officer is required to return it.
This is the official title in some of the states of the board of canvassers of elections.
Coming back to England before the term of punishment is determined.
The official who conducts a parliamentary election in England. The sheriff in counties, and the mayor In boroughs. Wharton.
A writ allowed by the statute of Westm. 2, c. 2, to a defendant who had had judgment upon verdict or demurrer in an action of replevin, or after the plnintiff had, on a writ of sec
The repayment of the whole or a ratable part of the premium pnid for a policy of insurance, upon the cancellation of the contract before the time fixed for its expiration.
In practice. A short account, in writing, made by the sheriff, or other ministerial officer, of the manner in which he has executed a writ. Steph. PI. 24.
A judicial writ, simllar to the retomo habendo. Cowell.
A judicial writ addressed to the sheriff for the final restitution or return of cattle in the owner when unjustly token or distrained, and so found by verdict. It is granted after
Lat In the civil and canon law. The defendant in an action or suit A person judicially accused of a crime; a person criminally proceeded against Halli-fax, Civil Law, b. 3, c. 13,
The defendant, by excepting or plcading, becomes a plaintiff; that is, where, instead of simply denying the plaintiff's action, he sets up some new matter in defense, he is bound t
A traitor is punished that one may die lest all perish. 4 Coke, 124.
- Revedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Anderson (1889)Stimson (1881)Abbott (1879)
In old English law. The bailiff of a franchlse or manor; an officer in parishes within forests, who marks the commonable cattle. Cowell.
A criminal complaint charged that the defendant did "revel, quarrel, commit mischief, and otherwise behave In a dlsorderly manner." Held, that the word "revel" has a definite meani
The land which in Domesday is said to have been "thane-land," and afterwards converted into "reveland." It scorns to have bcen land which, having reverted to the king after the dea
Sports of dancing, masking, etc., formerly used in princes' courts, the inns of court, and noblemen's houses, commonly performed by night There was an officer to order and supervis
In Saxon law. The court of the reve, reeve or shire reeve. 1 Reeve, Eng. Law, 6.
In the civil law. The right of a vendor to reclaim goods sold out of the possession of the purchaser, where the price was not paid. Story, Confl. Laws, § 401. See Benedict v. Schae
- Revenuedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Abbott (1879)Bouvier (1839)
As applied to the income of a government, this is a broad and general term, including all public moneys which the state collects and receives, from whatever source and in whatever
Any law which provides for the assessment and collection of a tax to defray the expenses of the government is a revenue law. .Such legislation is commonly referred to under the gen
That jurisdiction of the court of exchequer, or of the exchequer division of the high court of justice, by which it ascertains and enforces the proprietary rights of the crown agai
- Re, verbis, scripto, cousensu, traditione, junctura vestes sumere pacta solentdefined inBlack's (1910)
Compacts usually take their clothing from the thing itself, from words, from writing, from consent, from delivery. Plowd. 161.
The annulling or making void a judgment on account of some error or .irregularity. Usually spoken of the action of an appellate court. In international law. A declaration by which
In Scotch law. The proprietor of an estate who grants a wadset (or mortgage) of his lands, and who has a right, on repayment of the money advanced to him, to be replaced in hls rig
A term frequently used in the judgments of an appellate court, in disposing of the case before it. It then means "to set aside; to annul; to vacate." Laithe v. McDonald, 7 Kan. 254
See Error.
L. Lat. In old English law. The returning of land to the donor. Flete, lib. 3, cc. 10, 12. Reversio terræ est tanquam terra revertens in possessione donatori, sive haeredibus suis
- Reversiondefined inCase LawCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Stimson (1881)Abbott (1879)Bouvier (1839)
In real property law. A reversion is the residue of an estate left by operation of law in the grantor or his heirs, or in the heirs of a testator, commencing in possession on the d
That which is to be enjoyed in reversion. —Reversionary interest. The interest which a person has in the reversion of lands or other property. A right to the future enjoyment of pr
The interest which a person has in the reversion of lands or other property. A right to the future enjoyment of property, at present in the possession or occupation of another. Hol
One to take effect in futuro. A second lease, to commence after the expiration of a former lease. Wharton.
A person who ls entitled to an estote in reversion. By an extension of its meaning, one who is entitled to any future estate or any property in expectancy.
To revert is to return. Thus, when the owner of an estate in land has granted a smaller estate to another person, on the determination of the latter estate, the land is said to "re
Reversion. A possibility of reverter is that species of reversionary interest which exists when the grant is so limited that it may possibly terminate. 1 Washb. Real Prop. 63. See
To vest again. A seisin is suid to revest, where it is acquired a second time by the party out of whom it has been divested. 1 Rop. Hush. & Wlfe, 353. It is opposed to "divest." Th
In old European law. To return or resign an investiture, seisin or possession that has been received; to reinvest; to re-enfeoff. Spelman.
- Reviewdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Anderson (1889)Abbott (1879)
A reconsideration; second view or examination; revision ; consideration for purposes of correction. Used especially of the examination of a cause by an appellate court, and of a se
The re-taxing or re-examining an attorney's bill of costs by the master. The courts sometimes order the masters to review their taxation, when, on being applied to for that purpose
An offense against religion punishable in England by flner and imprisonment. 4 Steph. Comm. 208.
To review, re-examine for correction; to go over a thing for the purpose of amending, correcting, rearranging or otherwise improving it; as, to revise sintutes or a judgment. Casey
A body of statutes which have been revised, collected, arranged in order, and re-enacted as a whole. This is thedegal title of the collections of complied laws of several of the st
In English law. Two officers elected by the burgesses of non-parliamentary municipal boroughs for the purpose of assisting the mayor in revising the parish burgess lists. Wharton.
In English law. Barristers appointed to revise the list of voters for county and borough members of parliament, and who hold courts for that purpose throughout the county. St 6 Vlc
In English law. Couris held in the autumn throughout the country, to revise the list of voters for county and borough members of parliament.
The process, of renewing the operative force of a judgment which has remained dormant or unexecuted for se long a time that execution cannot be Issued upon it without new process t
To renew, revivify; to make one's self liable for a debt barred by the statute of limitations by acknowledging It; or for a matrimonial offense, once condoned, by committing anothe
Susceptible of being revoked.
The recall of some power, authority or thing granted or a destroying or making void of some deed that had existence until the act of revocation made it void. It may be either gener
An ancient writ for recalling a parliament. 4 Inst. 44.
The recalling, annulling, or rendering inoperative an existing will, by some subsequent act of the testator, which may be by the making of a new will inconsistent with the terms of
Lat. It is recalled. This is the term, In English practice, appropriate to signify that a judgment is annulled or set aside for error In fact; If for error in law, It is then said
To call back; to recall; to annul an act by calling or taking It back.
- Revoltdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Anderson (1889)Abbott (1879)
The endeavor of the crew of a vessel or any one or more of them, to overthrow the legitimate authority of her commander, with intent to remove him from his command, or against his
- Rewarddefined inCase LawCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Anderson (1889)Bouvier (1839)
A recompense or premium offered by government or an individual in return for special or extraordinary servicos to be performed or for special attainments or achievements or for som
In old records. Realm, or kingdom.
- Rexdefined inBallentine's (1916)Black's (1910)Kinney (1893)Anderson (1889)Stimson (1881)Abbott (1879)
Lat. The king. The king regarded as the party prosecuting in a criminal action; as in the form of entitling such actions, "Rex v. Doe."
11 Coke, 72. The king can do everything but an injustice.
The king ought to be under the law, because the law makes the king. 1 BL Comm. 239.
Lane, 27. The king is both a legal and political persen.
Jenk. Cent. 17. The king is the living law.
Bract. 1. 1, c. 8. The king is greater than any single person, less than all.
- Rex non debit esse snb homine, sed snb Deo et snb lege, quia lex facit regemdefined inBlack's (1910)
Bract, fol. 5. The king ought to be under no man, but under God and the law, bscause the law makes a king. Broom, Max. 47.
The king cannot do wrong; the king can do no wrong. 2 Rolle, 304. An ancient and fundamental principle of the" English constitution. Jenk. Cent. p. 9, case 16; 1 Bl. Comm. 246.
The king never dies. Broom, Max. 50; Branch, Max. (5th Ed.) 107; 1 Bl. Comm. 249.
An abbreviation for Regula Generalis, a general rule or order of court; or for the plural of the same.
A part in the division of Wales before the Conquest; every township comprehended four gavels, and every gavel had four rhandlrs, and four houses or tenements constituted every rhan
This, the earliest code or collection of maritime laws, was formulated by the pcople of the island of Rhodes, who, by their commercial prosperity and the superiority of their navie
A piece of gold coin current for 10s., in the reign of Henry VI., at which time there were half-rials and quarter-rials or rial-farthings. In the bsginning of Queen Elizabeth's rei
A rogue; vagrant; whoremonger; a person given to uil manner of wickedness. Cowell.
Associations or secret societies formed In Ireland, having for their object the dispossession of landlords by murder and fire-raising. Wharton.
Otherwise TROUBLESOME. The casual ejector and fictitious defendant In ejectment, whose services are no longer invoked.
Span. In Spanish law. A nobleman; a count ot baron. 1 White, Recop. 36.
- Riderdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Anderson (1889)Abbott (1879)Bouvier (1839)
A rider or rider-roll, signifies a schedule or small piece of parchment annexed to some part of a roll or record. It is frequently familiarly used for any kind of a schedule or wri
A half-castrated horse. Brls--co v. State, 4 Tex. App. 221, 30 Ain. Rep. 162
In English law. The offense of riding or going armed with dangerous or unusual weapons is a misdemeanor tending to disturb the public peace by terrifying the good people of the lan