The Cyclopedic Law Dictionary

The remnant of an estate in lands or tenements expectant on a particular estate created together with the same at one time. Co. Litt. 143a. To constitute a valid remainder at commo

One who is entitled to the remainder of the estate after a particular estate carved out of it has expired.

(L. Lat.) In old European law. To summon to court a second time; to resummon. Spelman.

To send back. Of Prisoner. The ordering of a prisoner's return to custody pending proceedings, or on a determination that he is not entitled to release. Of a Cause. The sending it

That part of the body of the law which contains the remedies by which rights are enforced and wrongs redressed, and the rules by which the substantive law (g. V.) is applied. ing g

The means employed to' enforce a right or redress an injury. "The hepcig put in possession of that right whereof the party injured is deprived." 6 Wheat. (U. S.) 407. The procedure

The remedy of him who is primarily liable against him who is secondarily liable for the same debt.

In English law. Officers of the exchequer, whose duty it is to remind the lord treasurer and the justices of that court of such things as are to be called and attended to for the b

RELEASE, AND QUITCLAIM. The ordinary effective words in a release. These words are, in this country, sufficient to pass the estate in a primary conveyance. 7 Conn. 250; 24 N. H. 46

To annul a fine or forfeiture. This is generaly done by the courts where they have a discretion by law; as, for example, when a juror is fined for nonattendance in court, after bei

In commercial law. Money sent by one merchant to another, either in specie, bill of exchange, draft, or otherwise.

A person to whom a remittance is made. Story, Bailm. § 75.

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

After a record has been removed to the supreme court, and a judgment has been rendered, it is to be remitted or sent back to the court below, for the purpose of retrying the cause,

A person who makes a remittance to another.

A petition to a court or deliberative or legislative body, in which those who have signed it request that something which it is in contemplation to perform shall not be done.

See "Proximate Cause."

Damages are too remote to be actionable when not the legal and natural consequence of the act complained of. Sweet. Remote damages are such as are the unusual and unexpected result

Evidence so disconnected from the fact to be proved as to be irrelevant thereto. See "Evidence."

EMERGIT ACtio. The impediment being removed, the action arises. 5 Coke, 76; Wingate, Max. 20.

The removal of a cause from the court in which it was commenced to another court, in which it thereafter proceeds. The term seems literally to include change of venue and removal t

In practice. A transfer of a suit or cause out of one court into an-

Reward; recompense; salary. Dig. 17. 1. 7.

or RENIANT. In old English law. Denying. 32 Hen. VIII. c. 2.

A sudden meeting; as opposed to a duel, which is deliberate.

In the civil law. To yield; to return; to give again. It is the reverse 'of "prender." See "Rendition of Judg ment."

The judicial act of the court in pronouncing the sentence of the law upon the facts in controversy as ascertained by the pleadings and verdict. 195 111. App. 181. The announcement

One who has changed his profession of faith or opinion; one who has deserted his church or party.

A change of something old for something new; as, the renewal of a note; the renewal of a lease. See "Novation;" 1 Bouv. Inst, note 800.

To give up a right; for example, an executor may renounce the right of administering the estate of the testator; a widow, the right to administer to her intestate husband's estate.

Giving up the right to be executor of a will, wherein he has been appointed to that office, by refusing to tafee out probate of such will. Toller, Ex'rs, 42; 1 Williams, Ex'rs, 230

A return or compensation for the possession of some corporeal inheritance, and is a certain profit, either in money, provisions, or labor, issuing out of lands and tenements, in re

A roll or list of the rents of an estate, containing the description of the lands let, the names of the tenants, and other particulars connected with such estate. This is the same

In Scotch law. When the tithes (tiends) have been liquidated and settled for so many bolls of corn yearly. Bell, Diet.

In English law. A species of lease usually grantted at a low rent and for life. Tenants under such leases were called "rentalers" or "kindly tenants."

See "Rent."

In French law. A word nearly synonymous with our word "annuity."

In French Ip. A rent which issues out of land; and it is of It may, however, be extinguished. Civ. Code La. arts. 2750, 2759. See "Ground Rent."

In French law. An annuity for life. Civ. Code La. art. 2764. REO ABSENTE (Lat.) Defendant being absent.

A list of rents payable to a particular person or public body.

Rents anciently payable to the crown from the lands of abbeys and religious houses; and after their dissolution, notwithstanding that the lands were demised to others, yet the rent

That work which is done to an estate to keep it in good order. It does not include additions and adaptions of the premises to new uses. 24 N. J. Eq. 358.

The redress of an injury; amends for a tort inflicted. See "Remedy."

WRIT DE (Lat.) The name of an ancient writ, which lies by one or more joint tenants against the other joint tenants, or by a person owning a house or building against the owner of

The regaining of a nationality once lost; the converse of "expatriation."

The abrogation or destruction of a law by a legislative act. A repeal is "express," as, when it is literally declared by a subsequent law, or "implied," when the new law contains p

In French law. A word used to denote the inventory or minutes which notaries are required to make of all contracts which take place before them. Dalloz.

In Civil Law. The act by which a person demands and seeks to recover what he has paid by mistake or delivered on a condition which has not been performed. Dig. 12. 4. 5. The name o

A repeated, second or reciprocal distress; withernam. 3 Bl. Comm. 148.

or PECUNIAE REPEtundae. In Roman law. The terms used to designate such sums of money as the sodi of the Roman state, or individuals, claimed to recover from magistratus, judices, o

In pleading. Making a new series of pleadings. Judgment of repleader differs from a judgment n'on obstante veredicto in this, is in the form or manner of stating the right, and the

At Common Law. A form of action which lay to regain the possession of personal chattels taken from the plaintiff unlavirfu Uy. It differs from "detinue" in this, that it requires a

In old English law. To let one to mainprise upon surety. Cowell.

To redeliver goods which have been distrained to the original possessor of them, on his giving pledges in an action of replevin. It signifies, also, the bailing or liberating a man

In its general sense, a reply is what the plaintiff, petitioner, or other person who has instituted a proceeding says in answer to the defendant's case. In Code Pleading. The secon

An official or formal statement of facts or proceedings. A printed or vyritten account of the judicial determination of a case. In this sense, the term is used ordinarily in the pl

In old were by a second view laid to the forest again, — put back into the forest. Manw. For, Law; Cowell.

To state or assert. To act as substitute or agent for another.

In Practice. A doctrine by which a particular party, though not before the court in person, is so far represented by others that his interest receives such actual and efficient pro

A fiction of the law, the effect of which is to put the representative in the place, degree, or right of the person represented. The heir represents his ancestor (Bae. Abr. "Heir a

One who represents or is in the place of another. One having lawful authority to act in behalf of the property and bind the owner in regard thereto. 104 111. 554. In legislation, i

A representative action or suit is one brought by a member of a class of persons on behalf of himself and the other members of the class.

A form of government where the powers of the sovereignty are delegated to a body of men, elected from time to time, who exercise them for the benefit of the whole nation. 1 Bouv. I

Those who, at the commencement of every new parliament, are elected to represent Scotland and Ireland in the British house of lords. Brown. REPRIEVE (from Fr. reprendre, to take ba

The forcibly taking a thing by one nation which belonged to another, in return or satisfaction for an injury committed by the latter on the former. Vattel, bk. 2, c. 18, § 342; 1 B

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

In ecclesiastical - law. The propounding exceptions either against facts, persons, or things; as, to allege that certain deeds or instruments have not been duly and lawfully execut

ACTION OF. In Scotch law. An action or proceeding intended to convict a witness of perjury, to which the witness must be made a party. Bell, Diet.

(Lat.) In old English law. Bad or spurious; reprobate. A term applied to money which might be rejected or refused.

In old records. Money paid by servile tenants for exemption from the customary duty of reaping for the lord. Cowell.

A commonwealth; thkt 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

An act done by a testator, from which it can be concluded that he intended that an instrument which had been revoked by him should operate as his will; or it is the re-execution of

In Civil Law. A term used to signify the putting away of a wife or a woman betrothed. Properly, "divorced" is used to point out the separation of married persons; "repudiation," to

Reputable means "worthy of repute or distinction," "held in esteem," "honorable," "praiseworthy." 123 111. 245. The term "reputable person" has reference to a person's real charact

The opinion generally entertained in a community regarding any matter. Thus, certain matters of pedigree may be proved by common repute. Most commonly used in the sense of personal

Accepted by general, vulgar, or public opinion. Thus, land may be reputed part of a manor, though not really so, and a certain district may be reputed a parish or a manor, or be a

In feudal law. A name sometimes applied to a manor which has, by becoming separated from the services by which it was formerly held, ceased to be a manor in fact.

LETTERS OF. See "Letters of Request."

In English law. Certain notes or requests from persons amenable to the excise laws, to obtain a permit for removing any excisable goods or articles from one place to another.

The act of demanding a thing to be done by virtue of some right. The demand made by the governor of one state on the governor of another for a fugitive from justice. The term "requ

In English conveyances. Objections to the title shown by an abstract pointed out by the purchaser's solicitor to the vendor's solicitor.

In Scotch law. Inferior fiefs; portions of a fief or feud granted out to inferior tenants. 2 Bl. Comm. 57.

SI UNIculque jurisdictio non servatur. The order of things is confounded if every one preserves not his jurisdiction. 4 Inst. Proem. RERUM PROGRESSU OSTENDUNT multa, quae in initio

GENERALEM HABET SIGNIFICAtionem, quia tarn corporea, quam Incorporea, cujuscunque sunt generis, naturae sive speciei, comprehendlt. The word "things" has a general signification, b

One thing throws light upon others. 4 Johns. Ch. (N. Y.) 149. RES ACCESSORIA (Lat.) In the civil law. An accessory thing; that which belongs to a principal thing, or is in connecti

See "Res Judicata."

In the civil law. A fallen or escheated thing; an escheat. Halifax, Civ. Law, bk. 2, c. 9, No. 60. RES COMMUNES (Lat.) In civil law. Those things which, though a separate share of

or RECEIT. The admission or receiving of a third person to plead his right in a cause formerly commenced between two oth^r persons; as, when an action is brought against a tenant f

or RESCUE (Law Pr.) Received. Novae Narr. 5b; Kitch. Cts. Resceux' (plur.); Britt. c. 2. RESCISSIO (Lat. from resc{n(2ere, to annul or avtjid). In the civil law. An annulling, avoi

The abrogation or annulling of contracts. It differs from the waiving of some of the terms of the contract. 59 Conn. 561. The term is generally, but not uniformly, applied to abrog

In Scotch law. Actions which are brought to set aside deeds. Patterson, Comp. 1058, note. Proper improbation is an action brought for declaring writing false or forged. Reduction i

In the civil law. A matter controverted; a matter in controversy; a point in question; a question for determination. Calv. Lex.

In old English law. Things of the crown; such as ancient manors, homages of the king, liberties, etc. Fleta, lib. 3, c. 6, § 3. or are perceptible to the senses. Dig. 1. 8. 1. 1; I

An old term, synonymous with "rescue" (g. v.). RESCRIPT In Canon Law. A term Including any form of apostolical letter emanating from the pope. The answer of the pope in writing. Di

In French law. A rescription is a letter by which the maker requests some one to pay a certain sum of money, or to account for him to a third law. To rescue. Rescussit, he rescued.

In Criminal Law, The forcibly and knowingly freeing another from arrest or imprisonment. 4 BL Comm. 131. A deliverance of a prisoner from lawful custody by a third person. 2 Bish.

The party making a rescue is sometimes so called; but more properly he is a "rescuer." RESCUSSUS (Law Lat; from Law Fr. rescous). In old English law. Rescue; forcible liberation or

Reserving. In old conveyancing. An ^pt word of reserving a rent. Co. Litt. 47a. RESERVATIO NON DEBET ESSE DE proficuls Ipsis quia ea conceduntur, sed de redditu novo extra proficua

That part of a deed or instrument which reserves a thing not in esse at the time of the grant, but newly created. 2 Hilliard, Abr. 359. The creation of a right or interest which ha

The receiving or harboring an outlawed person. Cowell.