A Law Dictionary, Adapted to the Constitution and Laws of the United States

Engl. law, is the full extended value of land let by lease, payable by tenant for life or years. Wood's Inst. 192.

The water which naturally falls from the clouds. No one has a right to build his house so as to cause the rain water to fall over his neighbour’s land. 1 Rolle’s Ab. 107; 2 Leo. 93

This word is uged in the land laws of the United States to designate the order of the location of such lands, and in patents from the United States to individuals they are describe

crimes, is the carnal knowledge of a woman by a man forcibly and against her will. By the term man here is meant a male of the human species of the age of fourteen years and upward

division of a country; in the English law, this is a district similar to that of a hundred; but oftentimes containing in it more hundreds than one.

is the scratching or scraping a writing, so as to prevent some part of it from being read. The word writing here is intended to include printing. Vide Addition; Erasure, and Interl

contracts. An re pea to adopt an act performby another for us. Ratifications are either express or implied. The former are made in express and direct terms of assent; the latter ar

contracts,— confirmation, approbation of a contract; ratification. Vin. Ab. h. t.; maine -ve) SHED, RA pleadings. In indictments for rape, this technical word must be introduced, f

crim. law.— This word has several meanings. 1. It is an unlawful taking a woman, or an heir in ward. 2. It is sometimes used synonymousty with rape.

is a term which is applied to land in its most enlarged signifation. Real security, therefore, means the security of mortgages or other incumbrances affecting lands. 3 Atk. 806; 8.

are those which concern the realty only, being such by which the demandent claims title to have any lands or tenements, rents, or other hereditaments, in fee simple, fee tail, or f

tn the civil law, are those which require the interposition of a thing (rei,) as the subject of them; for instance, the loan for goods to be specifically returned. By that law, con

is that which consists of land, and of all rights and profits arising from and annexed to land, of a permanent, immovable nature. It is usually comprised under the words, lands, te

an abstract of real, as distinguished from _personalty. Realty relates to lands and tenements, rents or other hereditaments. Vide Real Property.

By reason is usually understood that power by which we distinguish truth from falsehood, and right from wrong; and by which we are enabled to combine means for the attainment of pa

This lion. term signifies such an act as the law REBUTTER, pleadings. The requires. When an act is unneces- name of the defendant’s answer to sary, a party will not be required to'

mer. law. Discount; who has not been a party to the the abatement of interest in conse- wrong. 3 Inst. 134; 2 Rolle, Rep. quence of prompt payment. Merch. 55, 6; Id. 208; 2 Rolle,

chancery practice, i8 @ person appointed by a court possessing chancéry jurisdiction to receive the rents and profits of land, or the profits or produce of other property in disput

Mutuality;— state, quality or character of what is reciprocal. The states of the Union are bound to many acts of reciprocity. The constitution requires that they shall deliver to e

contracts, pleading, is the repetition of some former writing, or the statement of something which has been done. Touchst. 76. Recitals are used to explain those matters of fact wh

contracts, is he who enters into a recognizance.

contracts, is an acknowledgment that something which has been done by one man in REC 829 authority of the latter. A recognition by the principal of the agency of another in the par

Engl. lav. The name by which the jurors impanelled on an assize are known; they are so called because of a disseisin by their verdict.

contracts, is an obligation of record, entered into before a court or officer duly authorised for that purpose, with a eondition to do some act required by law, which is therein sp

tn the French law, is the reading and re-examination by a witness of a deposition, and his persistance in the same, or his making such alteration, as his better recollection may en

is the giving to a person a favourable character of another. When the party giving the character has acted in good faith, he is not responsible for the injury which a third person,

Scotch law. When a party sues fora debt, and the defendant pleads compensation, or set-off, the plaintiff may allege a compensation on his pert, and this is called a recompensation

contracts, is the act of bringing persons to agree together, who before had had some difference. A renewal of cohabitation between husband and wife, is proof of reconciliatiop, and

civ. law. A renewing of a former lease; relocation, (q. v-)

evidence. A written memorial made by a public officer authorised by law to perform that function, and intended to serve as evidence of something written, said or done. Records may

1. A _ judicial officer of some cities, possessing generally the powers and authority ofa judge. 3 Yeates’s R. 300; 4 Dall. R. 299. Anciently, recorder signified to recite or testi

A recovery in its most extensive sense, is the restora. tion of a former night, by the solemn judgment of a court of justice. A recovery is either true or actual, or it is feigned

Cowaid: a poltroon. 3 Bl. Com. 340. accused against his accuser, either of having committed the same offence, or another. In general recrimination does not excuse the person accuse

Right, (q.v.) Breve de recto, writ of right, (q. v.)

right in court. One who stands at the bar, and no one objects to any offence, or refers any charge against him. hen a person outlawed has reversed his outlawry, so that he can have

civil law. A plea or exception by which the defendant requires that the judge having jurisdiction of the cause, should abstain from deciding upon the ground of interest or for a —

contracts. The act of taking back by the seller from the buyer, a thing which had been sold subject to the right of redemption. The right of redemption then is an agreement by whic

civil law, and in Louisiana. It is the avoidance of a sale on account of some vice or defect in the thing sold, which renders it absolutely useless, or its use so inconvenient and

The act of receiving satisfaction for an injury sustained. For the mode of obtaining redress, vide Remedies; 1 Chit. Pr. Anal. Table.

crim. law. Those who bought stolen cloth, and dyed it of another colour to prevent its being identified, were anciently so called. 3 Inst. 134.

In the zenith an eye in a triangle, surrounded with a glory proper: over the eye, these words, “ Annuit ceptis.” On the base of the pyramid the numerical letters MPCCLXXVI; and und

practice. The! act of sending any matter by a court of chancery, or one exercising equitable powers, to a master or other officer, in order that he may ascertain facts and report t

criminal law, the act of bringing back a criminal to such a sense of justice, so that he may live in society without any detriment to it. The object of the criminal law ought to be

The act of declining to receive or to do something. A grantee may refuse a title, vide Assent; one appointed executor may refuse to act as such. In some cases, agreement to do, wil

in_ monarchical countries, is the authority of the person invested with the right of governing the state in the name of the monarch, during his minority, absence, sickness, or othe

evidence. A book containing a record of facts as they occur, kept by public authority; a register of births, marriages and burials. Although not originally intended for the purpose

This is a book in which were entered, from time to time, and preserved in the English court of chancery, all forms of writs once issucd. It was first printed and published in the r

These words are frequently used. in leases to express the right of the lessee to.ehter, go upon, — return from the lands in quesmorn GROSSING, practice, the act of copying from a r

Returning; going back;' opposed to ingress. (q.- V-) REGULAR AND IRREGU-

The act by which a man is restored to his former ability, of which he had been deprived by a conviction, sentence or judgment of a competent tribunal.

pleadings, is the name of the defendant’s answer to the plaintiff’s replication. The general requisites of a rejoinder, are, 1, it must be triable; 2, it must not be double, nor wi

kindred. In its most extensive signification, this term includes all the kindred of the person spoken of. Ina more limited sense, it signifies those persons who are entitled as nex

A rehearser or teller; one who by leave of court, brings an information in the nature of a quo warranto. At common law, strictly speaking, no such person as a relator to informatio

Releases are of Such as convey a man’s interest or right to another, who has possession of it, or some estate in the same. Touch. 320; Litt. sec. 444; Nels. Ab. h. t.; Bac. Ab. h.

When a judgment is confessed by cognovit actionem, after plea pleaded, and then the plea is withdrawn, it is called a confession or cognovit actionem relicta verificatione. He ackn

is a French word, which literally means a surrendering or returning a debt or duty. It is frequently used in this sense in re- in leases; as, ‘‘remise, release and forever quit-cla

civil law. A re- is lease. The remission of the debt is either conventional, when it is expressly granted to the debtor by a creditor having a capacity to alienate; or tacit, when

comm. law.-- Money sent by one merchant to another, either in specie, bill of exa draft or otherwise.

estates, to be placed back in possession. When one having a right to lands is out of ssion, and afterwards the freehold is cast upon him by some defective title, and he enters by v

or

practice, is when a suit or cause is removed out of one court into another, which is effected by writ of error, certiorari, and the like. 11 Co. 41.

To yield; to return; to give again: it is the reverse of pointed for meeting. Among seamen it is usual when vessels sail under convoy, to have a rendezvous, case of dispersion by s

Concurrent covenants are those which are to be performed by the parties to each other at the same time. When, in these cases, one party is ready and offers to perform his part, and

That work which is done to an estate to keep it in good order. What a party is bound to do when the law imposes upon him the duty to make necessary repairs, does not appear to be v

The redress of an injury; amends for a tort inflicted; vide Remedy; Redress.

This word is nearly synonymous with inventory, and is so called because its contents are arra in such order as to be easily found. Clef des Lois Rom. h. t.; Merl. Répertoire, h. t.

practice, is a certiftcate to the court made by a master in chancery, commissioner or other person appointed by the court, of the facts or matters to be ascertained by him, or of s

insurances. A representation is a collateral statement, either by writing, not inserted in the policy, or by parol, of such facts or circumstances relative to the proposed adventur

Scotch law. The name of a plea or statement presented to a lord ordinary of the court of sessions, when his judgment is brought under. review.

One who represents or is in the place of another. In legislation it signifies one who has been elected.a member of that branch of the legislature called the house of representative

crim. law, practice; this term is derived from reprendre, to take back, and signifies the withdrawing of a sentence for an interval of time, and operates in delay of execution. 4 B

war. A granted by the government private individual, to take perty of a foreign state, citizens or subjects of such a reparation for an injury by such state, its citizens jects. By

war. The forcibly taking a thing by a nation which belonged to another, in return or satisfaction for an injury committed by the latter on the former. Vatt. B. 2,ch. 18, s. 342; 1

The deductions, and payments out of lands, annuities, and the like, are called reprises, because they are taken back; when we speak of the clear yearly value of an estate, we say i

A commonwealth; that form of government in which the administration of affairs is open to all the citizens. In another sense, it signifies the state, independently of its form of g

in pleading, is where the material facts stated in a declaration or other pleading, are inconsistent one with another; for example, where in an action of trespass, the plaintiffdec

evidence, is the opinion generally entertained by persons who know another, as to his character, (q. v-) or it is the opinion generally entertained by persons who know a family as

pleading, is the statement in the plaintiff’s declaration that a demand or request has been made by the plaintiff from the defendant, to do some act which he was bound to perform,

property. Things. The terms ‘“ Res,” ‘ Bona,” ‘ Biens,” used by jurists who have written in the latin and French languages, are intended to include movable or personal, as well as

Evidence. The subject-matter; thingsdone. When it is necessary in the course of a cause to inquire into the nature of a particular act, or the intention of the person who did the a

is he to whom the residuum of the estate is devised or bequeathed by will. Roper on Leg. Index, h. t.; Powell Mortg. Index, h. t.; 8 Com. Dig. 444..

That which remains of something after taking away a part of it; as, the residue of an estate, which is what has not been particularly devised by will. A will bequeathing the genera

The act an officer by which he declines his office, and renounces the further right to use it. It differs from abdication, (q.- v.)

An entire thing; an entirely new or untouched matter. This term is applied to those points of law which have not been decided, which are “ untouched by dictum or decision.” 3 Meriv

in practice, is the decision of a legal or equitable issue, by a court of competent jurisdiction. It is a general principle that such decision is binding and conclusive upon all ot

Vide Judgment of Respondeat Ouster.

practice. The party who makes an answer to a bill or other proceeding in chancery

in maritime law, is a loan of money on goods laden on board of a ship, which in the course of the voyage must, from their nature, be sold or exchanged, on maritime interest, upon t

court. Fleta, lib. 6,c. 21. In the ecclesiastical law, this name is sometimes given to a proctor. RESULTING ‘1 RUSTS, estates. Resulting, implied or constructive. trusts, are those

estate, 1s one which having been limited by ‘deed, it expires or cannot vest; it then returns back to him who raised it, afler such expiration, or during such impossibility. When t

Vide Recaption; Recapture; Rescue.

Vide Lex taltonts.:

Vide Writ pro retorno habendo.

practice, is the act by which a plaintiff withdraws his suit; it is so called from the fact that this was the principal word used when the law entries were in latin. A retraxit dif

contracts, remedies. Persons who are beyond the sea, are exempted from the operation of the statute of limitations of Pennsylvania, and of other states, till after a certain time h

prac. tice, is a short account, in writing, made by the sheriff, or other ministerial officer, of the manner in which he has executed a writ. Steph. on Pl. 24. Itisthe duty of such

French law, is an action by which a man demands a thing of which he claims to be the owner. It applies to ime movables as well as movables; to corporeal or incorporeal things. Merl

is the income of the government, arising from taxation, duties, and the like: and, according to some correct lawyers, under the ide& of revenue is also included the proceeds of the

tn the law of Scotland, is a debtor who makes a wadset, and to whom the right of reversion is granted. Ersk. Pr. L. Scot. B. 2, t. 8, 8s. 1. A reversioner. Jacob.

estates, is the residue of an estate left in the grantor, to commence in possession after the determination of some particular estate granted out by him; it 1s also defined to be t