Restitution

In maritime law. When a portion of a ship's cargo is lost by Jettison, and the remainder saved, and the articles so lost are replaced by a general contribution among the owners of the cargo, this is called "restitution."

In practice. The return of something to the owner of it or to the person entitled to it, upon the reversal or setting aside of the judgment or order of court under which it was token from him. Haebler v. Myers, 132 N. Y. 363, 30 N. E. 963,15 L. R. A. 588, 28 Am. St. Rep. 589; Gould v. McFall, 118 Pa. 455, 12 Atl. 336, 4 Am. St. Rep. 606; First Nat. Bank v. Avery Planter Co., 69 Neb. 329, 95 N. W. 624, 111 Am. St. Rep. 541. If, after money has been levied under a writ of execution, the judgment be reversed by writ of error, or set aside, the party against whom the execution was sued out shall have restitution. 2 Tidd, Pr. 1033; 1 Burrill, Pr. 292. So, on conviction of a felon, immediate restitution of such of the goods stolen as are brought into court wlll be ordered to be made to the several prosecutors. 4 Steph. Comm. 434.

In equity. Restitution is the restoration of both parties to their original condition, (when practicable,) upon the rescission of a contract for fraud or similar cause.

— Restitution of conjugal rights. In English ecclesiastical law. A species of matrimonial cause or suit which is brought whenever either a husband or wife is gnilty of the injury of subtraction, or lives separate from the other without any sufficient reason; in which case the ecclesiastical jurisdiction will compel them to come together agnin, if either party be weak enough to desire it, contrary to the inclination of the other. 3 Bl. Comm. 94,

— Restitution of minors. In Scotch law. A minor on attaining majority may obtain relief against a deed previously executed by hint, which may be held void or voidable according to circumstances. This is called "restitution of minorB." Bell.

— Writ of restitution. In practice. A writ which lies, after the reversal of a judgment, to restore a party to all that he has lost by occasion of the judgment. 2 Tidd, Pr. 1186.