Restitution

The placing back or rethe cargo has been saved, at the general charge of the owners of the cargo; but when the remainder of the goods is after.wards lost, there is not any restitution. Stevens, Av. pt.

3, c. 1, s. 1, art. 1, n. 8.

As to captured vessels, see Recapture. In Practice. The return of something to the owner of it or to the person entitled to it After property has been taken into execution, and the judgment has been reversed or set aside, the party against whom the execution was sued out shall have restitution; and this is enforced by a writ of restitution; Cro. Jac. 698; Duncan v. Kirkpatrick, 13 S. & R. (Pa.) 294. When the thing levied upon under an execution has not been sold, the thing itself shall be restored; when it has been sold, the price for which it is sold is to be restored; Bacon, Abr. Execution (Q); 1 Maule & S. 425. “Pending an appeal from an order of the common pleas striking off the satisfaction of a judgment, the plaintiff in the judgment issued an execution, and the terre-tenant of the land was compelled to pay to the sheriff a large sum of money to prevent a sale of the land; the supreme court subsequently reversed the order striking off the satisfaction of the judgment; held, that the terretenant was entitled to a writ of restitution.”

Whitesell v. Peck, 176 Pa. 170, 35 Atl. 48.

Whether restitution should be made in the progress of judicial procedure if the interest of the parties defendant are diverse, is a question of fact; Andrews v. Thum, 71 Fed. 763, 18 C. C. A. 308, 33 U. S. App. 393.