The Cyclopedic Law Dictionary
2nd edition, 1922 — browse every term in this dictionary, A–Z.
Showing the 11,589 terms defined in The Cyclopedic Law Dictionary. Browse all dictionaries
NIL ALIUD EST QUAM ACquia retro It. To render is nothing more than to restore that which has been received; or, to render is, as it were, to give back, and it is called "rendering"
A judicial confession or acknowledgment that the thing in demand belongs to the demandant, and not to the person surrendering. Cowell.
See "Redltus Siccus." REDDOUR (Law Fr.) A rendering. Kelham.
- Redeemdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Anderson (1889)Abbott (1879)
See "Redemption."
Rights which return to the conveyor or disposer of land, etc., upon payment of the sum for Which such rights are granted.
A yielding and delivering back of a thing.
A regranting of land demised or leased. REDEMPTIO (Law Lat.) In old English law. A Ransom, or fine. St. Marlb. e. 1. Spelman calls it the heaviest' kind of fine {mulcta gravissima)
EQUITY OF. See "Equity of Redemption." REDEUNDO (Lat.) Returning; in returning; while returning. 3 East, 89; 2 Strange, 985. REDHIBERE (Lat.) In the civil law. To have again; to ha
In civil law. The returning of a thing purchased to the seller, on the ground of some defect or fraud. Calv. Lex. The avoidance of a sale on account of some vice or defect in the t
In civil law. An action instituted to avoid a sale on account of some vice or defect in the thing sold which renders its use impossible, or so inconvenient and imperfect that it mu
In old English law. A second disseisin of a person of the same tenements, and by the same disseisor, by whom he was before disseised. 3 Bl. Comm. 188; Pleta, lib. 4, c. 29. Called
A set or standing rent.
Chief rent paid by freeholders to go quit of all other services. REDITUS NIGRl. A rent payable in grain, work, and the like. It was also called "black mail." This name was given to
Rent seek. See "Rent."
Customary tenants required to ride on the business or errands of their lord. REDOBATORES (Law Lat.) Those that buy stolen cloth, and turn it into some other color or fashion, that
In commercial law. A bill of exchange drawn at the place where another bill was made payable, and where it was protested, upon the place where the first bill was drawn, or, when th
- Redressdefined inCase LawCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Anderson (1889)Bouvier (1839)
The act of receiving satisfaction for an injury sustained. For the mode of obtaining redress, see "Remedies;" 1 Chit. Prac. Anal. Table. REDUBBOURS (Law Fr.; Law Lat. redobatores,
In Scotch law. An action brought for the purpose of rescinding, annulling, or cancelling some deed, bond, contract, or other instrument in writing. 1 Forbes, Inst. pt. 4. pp. 158,
By the law of Scotland, the heir in heritage was entitled to reduce all voluntary deeds granted to his prejudice by his predecessor within sixty days preceding the predecessor's de
In Scotch law. One form of the action of reduction, in which falsehood and forgery are alleged against the deed or document sought to be set aside. Bell, Diet.
The act of exercising the right conferred by a chose in action, so as to convert it into a chose in possession; thus, a debt is reduced into possession by payment.
- Redundancydefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Anderson (1889)Abbott (1879)
In pleading. The averment of matter foreign to the issue, or the needless repetition of immaterial averments. 5 Sandf. (N. Y.) 660. which one has lately foregone. See "Entry."
- Reevedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Anderson (1889)Stimson (1881)Abbott (1879)
An ancient English officer of justice, inferior in rank to an alderman. He was a ministerial officer appointed to execute process, keep the king's peace, and put the laws in execut
The expense incurred by a bill's being dishonored in a foreign country, where it is made payable and returned to that country in which it was made or indorsed, and there taken up.
A word composed of the three initial syllables, re. fa. lo., for recordari facias loquelam. 2 Sellon, Prac. 160; 8 Dowl. 514. REFECTION (Lat. re, again, facio, to make). In civil l
The person to whom a reference (q. V.) is made.
A person whose name may be inserted in a bill of exchange by the drawer or an indorser, to whom the holder may resort in case the bill is dishonored by nonacceptance or nonpayment.
- Referencedefined inCase LawCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Bouvier (1839)
A sending or direction to a person or place. In Contracts. A statement In a writing, wherein it points to another for the ' matters therein contained. In Mercantile Law. A directio
See "Referee in Case of Need."
Under the English practice, when an action is commenced, an entry of it is made in the cause book according to the year, the initial letter of the surname of the first plaintiff, a
In Saxon law. A master of requests; an officer to whom petitions to the king were referred. Spelman. REFERENDO SINGULA SINGULIS (Lat.) Referring individual or separate words to sep
- Reformdefined inCase LawCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Anderson (1889)Abbott (1879)
To reorganize; to rearrange. Thus, the jury "shall be reformed by putting to and taking out of the persons so impanelled." St. 3 Hen. VIII. c. 12; Bac. Abr. "Juries" (A). To reform
All places and Institutions in which efforts are made either to cultivate the intellect, instruct the conscience, or improve the conduct; places in which persons voluntarily assemb
In English practice. A fee paid to counsel on the trial of an action, in addition to the retainer paid him with his brief. In the practice of the queen's bench division, a refreshe
To revive the recollection of a subject by referring to something connected with it. Commonly applied to the right of a witness to refer, even on the stand, to memoranda made by hi
To pay back by the party who has received it, to the party who has paid it, money which ought not to have been paid. On a deficiency of assets, executors and administrators cum tes
The act of declining to receive or to do something. In some cases, a neglect to perform a duty ■vnll be construed as a refusal; but, ordinarily, demand is essential to refusal. 6 G
Whales and sturgeons. 2 Steph. Comm. 19, note 448. REGALE (Law Lat.) In old French law. A payment made to the seigneur of a fief, on the election of every bishop or other ecclesias
This seems to be an abbreviation of "jura regalia," royal rights, or those rights which a king has by virtue of his prerogative. Hence owners of counties palatine were formerly sai
To do homage or fealty to the sovereign by a bishop when he is invested with the regalia.
A territorial jurisdiction in Scotland conferred by the crown. The lands were said to be given in liberam regalitatem, and the persons receiving the right were termed "lords of reg
- Regarddefined inCase LawCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Stimson (1881)Abbott (1879)
COURT OF. See "Court of Regard."
In old English law. The oversight or inspection of it, or the oifice and province of the regarder, who is to go through the whole forest, and every bailiwick in it, before the hold
The authority of the person in monarchical countries invested with the right of governing the state, in the name of the monarch, during his minority, absence, sickness, or other in
A ruler; a governor. The term is usually applied to one who governs a regency, or rules in the place of another. In the canon law, it signifies a master or professor of a college.
Ah abbreviation of regula generalis. 6 East, 1.
et quaelibet alia derivativa dignitas est similiter indivisibills. The kingly power Is Indivisible, and every other derivative power is similarly indivisible. 4 Inst. 243. REGIA VI
In Spanish law. One of a body, never exceeding twelve, who formed a part of the ayuntamiento, or municipal council, was held for life; that is to say, during the pleasure of the su
In French law. The dot, being the property which the wife brings to the husband as her contribution to the support of the burdens of the marriage, and which may either extend as we
In Spanish law. The body of regidores, who never exceeded twelve, forming a part of the municipal council, or ayuntamiento, in every capital of a jurisdiction. 12 Pet. (U. S.) 442,
- Registerdefined inCase LawU.S. CodeCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Anderson (1889)Abbott (1879)Bouvier (1839)
or REGISTRAR. An officer authorized by law to keep a record called a "register" or "registry;" as, the register for the probate of wills.
A "registered" bond is one which is payable to a particular individual whose name is entered on the books of the corporation debtor as the registered owner. 2 Fletcher Cyclopedia C
A book preserved in the English court of chancery, in which were entered, from time to time, all forms of writs once issued. St. Westminster II. c. 25. It is spoken of as one of th
In American law. A court in the state of Pennsylvania, which has jurisdiction in matters of probate. Is confined to designate the officer of some court the records or archives of w
- Registrydefined inU.S. CodeCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)
A book, authorized by law, in which writings are registered or recorded. RE6LAMENT0 (Spanish). In Spanish colonial law. A written instruction given by a competent authority, withou
- Regnal Yearsdefined inCyclopedic (1922)Bouvier (1914)Black's (1910)Black's (1891)Anderson (1889)Abbott (1879)
A table of the English regnal years will be found in this work under title "King."
One having authority as a king; one in the exercise of royal authority.
A name given to the people of Surrey and Sussex, and on the sea coasts of Hampshire. Blount.
The ecclesiastical kingdom. 2 Hale, P. C. 324.
The kingdom is not divisible. Co. Litt. 165. RE6RANT. In the English law of real property, when, after a person has made a grant, the property granted comes back to him (e. g., by
Returning; going back; opposed to "ingress." REGULA (Lat.) In practice. A rule. Regula generalis, a general rule; a standing rule or order of a court. Frequently abbreviated Beg. G
JURIS QUIDEM IGNOrance of law does not excuse, but that ignorance of a fact may excuse a party from the legal consequences of his conduct. Dig. 22. 6. 9; Broom, Leg. Max. (3d Londo
SI DEFICIT LEX. In default of the law, the maxim rules.
- Regular Clergydefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Stimson (1881)
Monks who lived according to the rules of their respective houses or societies, in contradistinction to the parochial clergy, who did their duties "in seculo," and hence were calle
One where the thing deposited must be returned. It is distinguished from an "irregular deposit." See "Deposit."
NON VALET PACTUM de re mea non alienanda. Regularly, a contract not to alienate my property is not binding. Co. Litt. 223.
Regular process is that which has been lawfully issued by a court or magistrate having competent jurisdiction. REGULARITER (Law Lat.) In old English law. Regularly; strictly; accor
In ecclesiastical law. Those who profess and follow a certain rule of life (regula), belong to a religious order, and observe the three approved vows of poverty, chastity, and obed
- Regulatedefined inCase LawCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Abbott (1879)
To direct, govern, or restrict. A governmental power to regulate does not include a power to prohibit. 39 N. J. Law, 44; 70 Mich. 396. REGULUS (Lat.) In Saxon law. A title sometime
- Rehabilitationdefined inU.S. CodeCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Bouvier (1839)
The act by which a man is restored to his former ability, of which he had been deprivtid by a conviction, sentence, or judgment of a competent tribunal.
- Rehearingdefined inCase LawCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Abbott (1879)
In Appellate Practice. A second consideration, on further argument, g^ven to a cause after decision. In Chancery Practice. A retrial of the issues; a new trial. See "New Trial." wh
- Reinsurancedefined inCase LawU.S. CodeCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Abbott (1879)
Insurance effected by an underwriter upon a subject against certain risks with another underwriter, on the same subject, against all or a part of the same risks, not exceeding the
Lat. (from Sax. raese, a rush). In old European law. A sudden military expedition; a sally. Spelman.
Banknotes which, after having been once paid, may again be put into circulation. They cannot properly be called "valuable securities" while in the hands of the maker, but, in an in
- Rejoinderdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Stimson (1881)Abbott (1879)Bouvier (1839)
In common-law pleading. The defendant's answer to the plaintiff's replication. The second pleading of defendant in the common-law series.
- Rejoining Gratisdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Abbott (1879)
Rejoining within four days from the delivery of the replication, without a notice to rejoin or demand of rejoinder. Wharton, "Rejoinder;" 1 Archb. Prac. 280, 317; 10 Mees. & W. 12.
- Relativedefined inU.S. CodeCyclopedic (1922)Ballentine's (1916)Black's (1910)Anderson (1889)Abbott (1879)
One connected with another by blood or affinity; a relation; a kinsman or kinswoman. In an adjective sense, having relation or connection with some other person or thing; as, relat
In the law of evidence. A fact having relation to another fact; a minor fact; a circumstance. Burr. Circ. Ev. 121, note (d).
Those which relate to land. So called to distinguish them from those which are collateral to it. These powers are appendant; as, where a tenant for life has a power of makmg leases
Those to which a person is entitled in consequence of his relation with others; such as the rights of a husband in relation to his wife; of a father as to his children; of a master
COGnoscitur et altierum. Of things relating to each other, one being known, the other is known. Cro. Jac. 539.
- Relatordefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Stimson (1881)Abbott (1879)Bouvier (1839)
A rehearser or teller; one who, by leave of court, brings an information in the nature of a quo warranto, or other writ issuing in the name of the state, on the relation of a priva
In old Scotch practice. Letters passing the signet (q. v.) by which a debtor was relaxed (released) from the horn; that is, from personal diligence. Bell, Diet. See "Horning."
- Releasedefined inCase LawU.S. CodeCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Anderson (1889)Stimson (1881)Abbott (1879)Bouvier (1839)
The giving up or abandoning a claim or right to the person against whom the claim exists, or the right is to be exercised or enforced. Releases may either give up, discharge, or ab
A person to whom a release is made.
The conveyance by a deed of release to one party to the use of another is so termed. Thus, when a conveyance of lands was effected, by those instruments of assurance termed a "leas
He who makes a release. RELEGATIO (Lat.) A kind of banishment known to the civil law, which did not take away the rights of citizenship, which deportatio did. Some say that relegat
Applicability to the issue joined. That quality of evidence which renders it properly applicable in determining the trutii or falsity of the matters in issue between the parties to
In the law of evidence. Hav-
(L. Fr.) To relieve; to pay a relief. Britt. c. 69.
Lat. [from L. Fr. relever, to raise or lift again.] In old English and Scotch law. Relief; one of the incidents of the feudal tenure. Bract, fol. 84. Spelman.
A widow; as A. B., relict of C. B.; A. B., widow of C. B. RELICTA VERIFICATIONE (Lat. his pleading being abandoned). lii pleading. A confession of judgment made after plea pleaded,
- Reliefdefined inU.S. CodeCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Abbott (1879)
In Feudal Law. A sum payable by the new tenant, the duty being incident to every feudal tenure, by way of fine or composition with the lord for taking up the estate which was lapse
In feudal law. To hold or depend; thus, a tenant was said to relieve of the crown. Now obsolete. RELIGION (Lat. re, back, ligo, to bind). Real piety in practice, consisting in the
Any corporation the charter powers of which are to be used in aid of the propagation and practice of a religious belief, but the fact that a corporation is under the control of mem
As secured by the provisions of the constitution of the United States, and of the several states, means freedom from any establishment of a religion, from compulsory support of rel
A belief in certain dogmas of religion which are prerequisite to the holding of a civil office, or the exercise of any civil right. "No religious test shall ever be required as a q
A forsaking, abandoning, or giving over a right; for example, a plaintiff may relinquish a bad count in a declaration, and proceed on a good; a man may relinquish a part of his cla
The remainder or debt which a person finds himself debtor in upon the balancing or liquidation of an account. Hence reliqiiary, the debtor of a reliqua; as also a person who only p
In Scotch law. A reletting or renewal of a lease; a tacit relocation is permitting a tenant to hold over without any new agreement. REM domino vel non domino vendente duobus. In ju