The Cyclopedic Law Dictionary

An engine with which to torture a supposed criminal, in order to extort a confession of his supposed crime, and the names of his' supposed accomplices. It is unknown in the United

In English law. The full extended value of land left by lease, payable by a tenant for life or years. Wood, Inst. 192.

A word used In Domesday Book, which Spelman interprets to mean "freemen." Domesday Book, fol. 18, tit. "Glowc. Berchelay;" Spelman.

In French law. A term including the repairs made to a ship, and a fresh supply of furniture and victuals, munitions, and other provisions required for the voyage. Pardessus, note 6

A form of lottery by which the price of an article is divided into shares, and the article awarded by chance to one of the shareholders. Cent. Diet.

or RAGMAN. A statute, so called, of justices assigned by Edw. I. and his council, to go a circuit through all England, and to hear and determine all complaints of injuries done wit

or RAGIMUND'S roll. A, roll, called from one Ragimund, or Ragimont, a legate in Scotland, who, summoning all the beneficed clergymen in that kingdom, caused them on oatii to give i

or RAILWAY. The terms "railroad" and "railway" are synonymous. 30 Minn. 524. Their significance varies with the context, being used sometimes to include all appurtenances (173 111.

To create; to bring into existence. The term is used in various senses, thus, to "rai^e" a use is to create it; to "raise" an issue is to file such a plea as to make an issue. Fact

A term used in old English law for the charging of a devise to dne child of testator, with the pajmient of certain sums to others. RAN (Saxon). Open theft or robbery. Cowell.

In the United States government surveys of lands, the "townships" (q. v.) are ranged in tiers east or west of a given meridian, such ranges therefore being a row of towns in a nort

A sworn officer of the forest to inquire of trespasses, and to drive the beasts of the forest out of the deforested ground into the forest. Jacob.

The order or place In which certain officers are placed in the army and navy, in relation to others. The term is sometimes applied to debts or securities to indicate their preceden

In Scotch law. Determining

A price of redemption of a captive or prisoner of war, or of captured property. — -In Old Eng,lish Law. A price paid for the pardon of some great offense. It differs from amercemen

A contract for payment of ransom of a captured vessel, with stipulations of safe-conduct, if she pursue a certain course and arrive in a certain time. If found out of time or cours

^— iln Criminal Law. Unlawful carnal knowledge of a woman by force and with- ' out her consent. (1) Carnal knowledge is essential (67 Wis. 552), but by statute in most states, the

In English law. The chief officer of a rape (q. v.).1 Bl. Comm. 116. In the Civil Law. The violent taking from the person of another of money or goods for the sake of gain; robbery

In old English law, a ravlsher.

A writ for taking away an heir holding in socage, of which there were two sorts: One when the heir was married; the other when he was not. Reg. Orig. 163. RAPUIT (Lat. from rapere,

or RASUM (Law Lat. from radere). In old English law. Rased; erased. Fleta, lib. 2, c. 54, § 12. A rase; a measure of onions, containing twenty flones, and each flonis twenty-five h

Tithes charged pro rata on personal property kept within the parish for less than a year.

An agreement to adopt an act performed by another for us. Express ratifications are those made in express and direct terms of assent. Implied ratifications are such as the law pres

Confirmation; approbation of a contract; ratification.

In Commerce. The estimate put on the credit and financial resources of a person. There are various institutions or persons who furnish ratings. They are called "mercantile agencies

The ground of decision. RATIO EST FORIVIALIS CAUSA CONsuetudinis. Reason is the source and mold of custom. RATIO EST LEGIS ANIIMA; IVIUTATA legis ratione mutatur et lex. Reason is

Reason is a ray of divine light. Co. Litt. 232. RATIO ET AUCTORITAS DUO CLARISsima mundi lumina. Reason and authority are the two brightest lights in the world. 4 Inst. 320.

Reason in law is perfect equity.

The reason or occasion of Grotius distinguishes between "ratio" and "mens," the meaning or intent of a law.

The reason of the law is the soul of the law. Jenk. Cent. Cas. 45.

Alimony.

WRIT DE. The name of a writ which lies properly when two men have lands in several towns or hamlets, so that the one is seised of the land in one town or hamlet, and the other of t

In old law. The pleadings in a suit. Rationes exercere, or ad rationes stare, to plead.

Reason is not confined to any place. RATIO POTEST ALLEGARI DEFICIENte lege, sed vera et legal is et non apparens. Reason may be alleged when the law is defective, but it must be tr

The act of trade unionists in causing the tools, clothes, or other propor cease working. It is an offense punishable by fine or imprisonment. 38 & 39 Vict. c. 86, § 7.

or RAUNSOME (Law Fr.) In old English law. Ransom; a fine; a severe kind of fine. Sur peyne de raunsome, on pain of ransom. Britt. c. 11. Per raunsome simple ou graund, solonc le fa

In pleading. A technical word necessary in an indictment for rape. No other word or circumlocution will answer. The defendant should be charged with having "feloniously ravished" t

In criminal law. An unlawful taking of a woman, or of an heir in ward; rape. RAVISHMENT DE CARD (Law Fr.) An abohshed writ, which lay for a guardian by knight's service or in socag

In English law. The marriage of an infant ward without the consent of the guardian. It is punishable by St. Westminster II. c. 35, RE (Lat.) In the matter of. RE, verbis, scripto,

—At Common Law. A term which is applied to land in its most enlarged signification. "Real security," therefore, means the security of mortgages or other incumbrances affecting land

In the Civil Law. One by which a person seeks to recover his property which is in the possession of another. Dig. 50. 16. 16. It is to be brought against the person who has possess

Lands or real estate in the hands of an heir, chargeable with the payment of the debts of the ancestor. 2 Bl. Comm. 244, 302; 2 Williams, Ex'rs, 436. See "Assets."

In Scotch law. Where a right to lands is expressly granted under the burden of a specific sum, which is declared a burden on the lands themselves, or where the right is declared nu

See "Chattel." REAL CHYMIN (Law Fr.) In old English law. The royal way; the king's highway (regia via). Y. B. P. 6 Edw. III. 48.

'An agreement the consent of the ordinary and the patron of the living, that the land shall for the future be discharged from payment of tithes, by reason of some land or other rea

At Common Law. A contract respecting real property. 3 Rawle (Pa.) 225. In Civil Law. Those contracts which require the interposition of a thing (rei) as the subject of them; for in

A covenant connected with a conveyance of realty, whereby an obligation to pass something real is created, or which is so connected with the realty that he who has the latter is en

Landed property, Including all estates and interests in lands which are held for life or for some greater estate, and whether such lands be of freehold or copyhold tenure. Wharton.

One who enholds himself out to the public in that character and capacity.

All eyidence of which things (or persons regarded as things) is the source; evidence arising from physical indications or appearances. Thus, the production of a dead body is real e

In the civil law. An Injury arising from an unlawful act, as distinguished from a verbal injury, which was done by words. Halifax, Civ. Law, bk. 2, c. 15, notes 3, 4.

In foreign l^w. That quality of laws which concerns property or things (quae ad rem spectant). Story, Confl. Laws, § 16. See "Personalty."

At Common Law. A popular term used to denote such parts of the system of common law as concern or relate to real property. In Civil Law. A law which^relates to specific property, w

A kingdom; a country. 1 Taunt. 270; 4 Campb. 289; Rose, 387.

Practice statutes frequently require that actions be brought in the name of the "real party in interest." As so used, the term means the person having the real beneficial interest

Something which may be held by tenure, or will pass to the heir of the possessor at his death, instead of his executor, including lands, tenements, and hereditaments, whether the l

He who represents or stands in the place of another vidth respect to his real property is so termed, in contradistinction to him who stands in the place of another with regard to h

In Scotch law. That which entitles him who is vested vrith it to possess the subject as his own, and, if in the possession of another, to demand from him its actual possession. It

Security consisting of a lien on realty.

Praedlal servitude (g. v.).

In the civil law. Statutes which have property for their principal object, and do not speak of persons, except in relation to property. Story, Confl. Laws, § 13.

or THINGS REAL. In common law. Such things as are permanent, fixed, and immovable, which cannot be carried out of their place; as lands and tenements. 2 Bl. Comm. 15. Things substa

A term sometimes used as a collective noun for real property or estate, — more generally to imply that that of which it is spoken is of the nature or character of real property or

In Scotch law, an enfeoffment of one tenement given in security of another.

In old English law. An injury to the freehold.

This term signifies such an act as the law requires. When an act is unnecessary, a party will not be required to perform it as a reasonable act. 9 Price, 43; Yelv. 44; Piatt, Gov.

The ordinary or customary aids were so termed. See "Aids."

A term sometimes used to express the cause which will justify the institution of a criminal prosecution. It does not appear to differ in meaning from "probable cause," which is the

To establish a fact to a reasonable certainty requires that degree of proof of certainty which the jurors would be willing to act upon in their own grave and important concerns; th

"The term 'reasonable doubt' is almost incapable of any definition which will add much to what the words themselves imply." Mitchell, J., in 38 Minn. 439. The most commonly quoted

The term is entirely relative and dependent on circumstances. "Quam longum debet esse rationabile tern,' pus non definitur in lege, sed pendet ex discretione justiciariorum." Co. L

The adverb reasonably, whatever it may originally have meant, as now used, qualifies the condition of things as well as the conduct of persons. One of its definitions is, "in a mod

A second attachment of him who was formerly attached, and dismissed the court without day, by the not coming of the justices, or some such casualty. Reg. Grig. 35.

In mercantile law. Discount; the abatement of interest in consequence of prompt payment; the repayment of a part on compliance with some condition.

A citizen or subject who unjustly and unlawfully takes up arms against the constituted authorities of the nation, to deprive them of the supreme power, either by resisting their la

In criminal law. The taking up arms traitorously against the government; the forcible opposition and resistance to the laws and process lawfully issued. If the rebellion amount to

COMMISSION OF. In old English practice. A writ issuing out of chancery to compel the defendant to appear.

A gathering of twelve persons or more,.intending, going about, or practicing unlawfully and of their own authority to change any laws of the realm; or to destroy the inclosure of a

To repel or bar. The action of the heir by the warranty of his ancestor is called "rebut" or "repel." REBUS SIC STANTIBUS (Lat.) At this point of affairs; in the condition of thing

To contradict; to do away. Thus, every homicide is presumed to be murder unless the contrary appears from evidence which proves the death; and this presumption it lies on the defen

In pleading. The defendant's third pleading, being his answer to the surrejoinder.

That evidence which is given by a party in the cause to explain, repel, counteract, or disprove facts given in evidence on the other side. The term "rebutting evidence" is more par

To reverse a judgment on a matter of fact. The judgment is then said to be recalled or revoked; and when it is reversed for an error of law, it is said simply to be reversed, quod

The act of a person who has been deprived of the custody of another, to which he is legally entitled, by which he peaceably regains the custody of such person; or of the owner of p

The recovery from the enemy, by a friendly force, of a prize by him captured.

POTIus quam injuriae et delicta maneant impunita. Positive rules of law will be receded from rather than crimes and wrongs should remain unpunished. Bac. Max. reg. 12; Broom, Leg.

In Massachusetts. A name given to the person who, on a trustee proforthcoming on demand, or in time to respond the judgment, when the execution shall be issued; upon which the good

One who receives money to the use of another to render an account. Story, Eq. Jur. § 446. A person standing indifferent between the parties, who is appointed by the court to take t

An English officer who receives the money from persons who compound with the crown on original writs sued out of chancery. Wharton. RECEIVERS AND TRIERS OF PETItlons. The mode of r

Certificates of indebtedness issued by a receiver, as surety for money borrowed, to carry on the receivership. They are usually made a first lien on the property. See 117 U. S. 434

Persons appointed by the English board of trade. The duties of a receiver of wreck are to take steps for the preservation of any vessel stranded or in distress within his district;

The offense of receiving stolen goods, knowing them to have been stolen. (95 N. C. 626; 6 Cox, C. C. 353), and at common law it must have been received from the thief (13 Ired. [N.

A regrant; the act of a returning the title of a country to a government which formerly held it, by one which has it at the time; as, the recession of Louisiana, which took place b

or RECETTOUR (Law Fr.) In old English law. A receiver or harborer of a felon; an accessary after the fact. Britt. c. 24; One who received and concealed a returned outlaw. Id. c. 12

In French law. The state of an individual who commits a crime or misdemeanor, after having once been condemned for a crime or misdemeanor; a relapse. Many statutes provide that, fo

In civil law. One by which the parties enter into mutual engagements. They are divided into perfect and imperfect. When they are perfectly reciprocal, the obligation of each of the

Mutuality; state, quality, or character of that which is reciprocal.

The repetition of some former writing, or the statement of something which has been done. It is useful to explain matters of fact which are necessary to make the transaction intell

To demand again; to Insist upon a right, as, when a defendant for a consideration received from the plaintiff has covenanted to do an act, and fails to do it, the plaintiff may bri

In Scotch law. A petition for review of an interlocutor, pronounced in a sheriff's or other inferior court. It recites verbatim the interlocutor, and, after a written argument, end