The Cyclopedic Law Dictionary

In Scotch law. Tb receiving and keeping stolen goods, know ing them to be stolen, with a design ol feloniously retaining them from the real owner. Alls. Crim. Law, 328.

In Scotch law. A recelvei of stolen goods, knovying them to have been stolen.

The facts surrounding or accompanying a transaction which is the subject of legal proceedings. The phrase is generally used in the law of evidence; the rule being that evidence of

In old English law. A man', residence or permanent abode. Such a man is called a "resiant." Kitch. Cts. 33.

RESIENT, or RESYAUNT (from Law Fr. reseant, resident). In old English law. Continually dwelling or abidinhabitants within a manor." 3 Leon. 8, case 21.

or RESEANT1A (Law Lat) In old English law. Resiance; residence. Spelman. See "Resiance." RESIDENCE (Lat. resedeo). Personal presence in a fixed and permanent abode. 20 Johns. (N. Y

One who has his residence (q. V.) in a place.

One who resides within a certain city, county, or state, and owns a freehold estate in lands therein. 29 Wis. 419; 68 Ind. 214.

In international law. The second or intermediate class between ambassadors and envoys, created by the conference of the five powers at Aix-la- Chapelle, in 1818, They are accredite

The clause in a will by which that part of the property is disposed of which remains after satisfying previous bequests and devises. 4 Kent, Comm. 541*; 2 Williams, Ex'rs, 1014, no

The person to whom the residue of a testator's real estate is devised after satisfying previous devises.

What remains of testator's estate after deducting the debts and the bequests and devises.

He to whom the residuum of the estate is devised or be-

That which remains of something after taking away a part of it; as, the residue of an estate, that which remains after payment of debts, charges, arid particular legacies and devis

In ecclesiastical law. A bond given by an incumbent to resign on a certain contingency. It may be conditioned to resign for good and sufficient reason, and therefore lawful; e. g.,

One in favor of whom a resignation is made. 1 Bell, Comm. 125, note. RESILIRE (Lat.) In old English law. To draw back from a contract before it is made binding. Literally, to leap

In the civil law. Immovable things; including land and that which is connected therewith, either by na-

In the civil law. Incorporeal things; things which cannot be touched; such as those things which consist in right. Inst. 2. 2; Bracton, fols. 7b, 10b. Such things as the mind alone

The thing speaks for itself. A phrase used in actions for injury by negligence, where no proof of negligence is required beyond the accident itself, which is such as necessarily to

(Lat.) The opposition of force to force. The word retains the exact classical meaning. 37 Wis. 201.

A legal or equitable Issue which has been decided by a court of competent jurisdiction. To constitute a matter res judicata, so that, in a subsequent action, it cannot be drawn in

In the civil law. Movable things; things which may be transported from one place to another, without injury to their substance and form. Things corresponding with the chattels pers

In Spanish colonial law. An opinion formed by some superior authority on matters referred to its decision, and forwarded to inferior authorities for their instruction and governmen

In Scotch conveyancing. Having the quality or effect of resolving or extinguishing a right. Bell, Diet. RESOLUTO JURE CONCEDENTIS REsolvitur jus concessum. The right of the grantor

One which has for its object, when accomplished, the revocation of the principal obligation; for example, I will sell you my crop of cotton if my ship America does not arrive in th

or RESPECTUARE (Law Lat.) In old English law. To respite. Fortescue de L. L. Angliae, c. 53, note; Reg. Orig. 319. Respectuabitur, shall be put off. Fleta, lib. 6, c. 23, § 21. RES

The destruction of the thing is the loss of its owner. 8 Bouv. Inst, notes 1456, 1466; Story, Bailm. 426; 2 Kent, Comm. 591. RES PRIVITAE (Lat.) In the civil law. Things the proper

et non pecunia per res. The value of a thing is estimated by its worth in money, and the value of money is not estimated by reference to the thing. 9 Coke, 76; 1 Bouv. Inst, note 9

NE quid aut duriua aut remlssius construatur quam causa deposcit; nee enim aut severitatis aut clementiae gloria affectanda est. It it a matter of import to one adjudicating that n

In Civil Law. An act by which a debtor who is unable to satisfy his debts at the moment transacts (i. e., compromises) vnth his creditors and obtains from them time or delay for th

QUI IGNOrare non potult quod puplllum alienum abduxit. Let the ravlsher answer, for he could not be ignorant that he has taken away another's ward. Hob. 99.

Let the principal answer. 4 Inst. 114; 2 Bouv. Inst, note 1337; 4 Bouv. Inst. Note 3586; 3 Lev. 352; 1 Salk. 408; 1 Bing. N. C. 418; 4 Maule & S. 259; 10 Exch. 656; 2 El. & Bl. 216

In Scotch law. A book of record of the chancellary, in which are entered all nonentry and relief duties payable by heirs who take precepts from chancery. Stair, Inst. p. 296, § 28;

One who answers a judicial _ proceeding. Applied to the party against whom a writ as of quo warranto is brought. In Chancery Practice. The party who makes an answer to a bill or ot

In maritime law. A loan of money, on maritime interest, on goods laden on board of a ship, upon the condition that, if the goods be wholly lost in the course of the voyage, by any

His superior or master shall answer. Articuli sup. Charta, c. 18. RESPONDERE NON DEBET (Lat. ought ought not to answer, as, when he claims a privilege; for example, as being a memb

The obligation to answer for an act done, either civilly or criminally, and to repair any injury it may have caused.

Able to pay the sum which may be required of him; able to discharge an obligation. Webster; 26 N. H. 527. RESPONSIO UNIUS NON OMNINO AUDItur The answer of one witness shall not be

No one can have a servitude over his ovm property. 4 Macq. H. L. Cas. 151.

The return of property to the owner or person entitled to it. In Maritime Law. The placing back or restoring articles which have been lost by jettison. This is done when the remain

WRIT OF. In Common-Law Practice. A writ which lies, after the reversal of a judgment, to restore a party to all that he has lost by occasion of the judgment. 2 Tidd, Prac. 1186. In

A writ addressed to the sheriff, to restore the temporalities of a bishopric to the bishop elected and confirmed. Fitzh. Nat. Brev. 169.

In ecclesiastical law. A compulsory renewal of cohabitation between a husband and wife who have been living separately. A suit may be brought in the divorce and matrimonial court f

In Scotch law. A minor, on attaining majority, may obtain relief against a deed previously executed by him, which may be held void or voidable, according to circumstances. This is

To return what has been unjustly taken; to place the owner of a thing in the state in which he formerly was.

An order restraining the doing of any act; more commonly called an "injunction." In English Law. An order under St. 5 restrained from permitting a transfer of shares until the righ

Restriction of the power of aliening realty. See "Perpetuity."

Restriction of freedom of traffic. Restraint of trade of individuals may be general, or may be partial,' in being limited as to time or territory. Contracts in general restraint of

The thing passes with its burden. Fleta, lib. 8, c. 10, § 3. RES UNIVERSATIS (Lat.) Those things which belong to cities or municipal corporations. They belong so far to the public

An Indorsement which confines the negotiability of a promissory note or bill of exchange by using express words to that effect, as, by indorsing it payable to A. B. only. 1 Wash. C

Periodical balancings of an account (particularly in mortgage and trust accounts), made for the purpose of converting interest into priiicipal, and charging the party liable thereo

A trust raised by implication or construction of law, and presumed to exist from the supposed intention of the parties and the nature of the transaction. All trusts created by impl

A use raised by equity for the benefit of a feoffor who has made a voluntary conveyance to uses without any declaration of the use. 2 Washb. Real Prop. 100. The doctrine, at first

In mining law, Is to actually begin work anew with a bona fide intention of prosecuting it as required by the statute (U. S. Rev. Stat. § 2324). 104 Cal. 229. RESUMMONS (Law Lat. r

Where copyhold land has been mortgaged by surrender, and the mortgagee has been admitted, then, on the mortgage debt being paid off, the mortgagor is entitled to have the land reco

To sell by small parcels, and not in the gross. 5 Mart. (La.; N. S.) 279; 7 Mete. (Mass.) 308.

In practice. To engage the services of an attorney or counsellor to manage a cause. See "Retainer."

The act of withholding what one has in one's own hands, by virtue of some right. See "Administrator;" "Executor;" "Lien." In Practice. The act of a client by which he engages an at

A fee given to counsel on being consulted, in order to insure his future services. See "Retainer."

The taking one's goods, wife, child, etc., from another, who, without right, has taken possession thereof. See "Recaption."

In International law. A term including both reprisal and retorsion (q. V.) RETALLIA (Law Lat.; from Law Pr. retainer, to cut again). In old En^ish law. Retail; the cutting up again

In Scotch law. The right which the possessor of a movable has of holding the same until he shall be satisfied for his claim either against such movable or the owner of it; a lien.

In practice. A writ issued to compel a party to return property to the party to whom it has been adjudged to belong, in an action of replevin. Thus, where the property taken was ca

The name of the act employed by a government to impose the same hard treatment on the citizens or subjects of a state that the latter has used towards the citizens or subjects of t

In Scotch law. To return a writ or brieve to the office in chancery from which it issued. Hubback, Ev. Success. 597. See "Retour of Service."

In Scotch law. An authenticated copy of the verdict of a jury (called a "service") taken under a brieve of succession, by which the legal character of a party as heir is judicially

or RETRACTION. In probate practice. A withdrawal of a renunciation.

In Spanish law. The right of revoking a contract of sale; the right of redemption of a thing sold. White, New Recop. bk. 2, tit. 13, c. 2, § 4.

A figurative phrase used to express the duty of one assailed to retreat as far as he can with safety before resisting the assault with force, such a retreat being essential to the

The same as "retrospective" (g. V.)

In civil law. When the assignee of heritable rights conveys his rights back to the cedent, it is called a "retrocession." Ersk. Inst. 3. 5. 1; Diet, de Jur.

Looking backward. A retroactive _ law is one which applies to with reference to past transaction, or to impair vested rights. RETTE (Law Fr.) In old English law. An accusation or c

Of Writs or Process. The redelivery of a writ or process by the officer charged with its execution to the court from which it issued, with an account of the manner in which he has

A day appointed by law when all writs are to be returned which have issued since the preceding return day. The sheriff is, in general,. not required to return his writ until the re

In insurance. A repayment of a part or the whole of the premium paid. Policies of insurance, especially those on marine risks, not unfrequently contain stipulations for a return of

A judicial writ, similar to the retomo habendo, Cowell. '

A judicial writ addressed to the sheriff for the final restitution or return of cattle to the owner when unjustly taken or distrained, and so found by verdict. It is granted after

The defendant, by a plea, becomes plaintiff. Bannier, Tr. des Preuves, §§ 152, 320; Best, Ev. 294, § 252.

ut pereat unus ne pereant omnes. A traitor is punished that one may die lest all perish. 4 Coke, 124.

See "Reus Stlpulandi."

In the civil law. The party to a stipulation is so called if he is the creditor or obligee, and the debtor or obligor to such a stipulation is called the "reus promittendi." Where

or GREVE (Lat. gerefa, or refa, from reafian, to seize). In English law. A chief officer or superintendent (praepositus, praefectus). Properly, according to Spelman, a collector or

In Domesday Book we find land put down as "thane lands," which were afterwards converted into reve lands, i. e., such lands as, having reverted to the king upon death of his thane,

In Saxon law. The court of the reve, reeve, or shire reeve. 1 Reeve, Hist. Eng. Law, 6. which ha claims to be owner. It applies to immovables as well as movables; to corporeal or i

(L. Fr. and Eng.) That which returns, or is returned; a rent. Income; annual profit received from lands or other property. Cowell.

In International Law. A declaration by which a sovereign promises that he will observe a certain order, or certain conditions, which have been once established, notwithstanding any

In Scotch law. The propritor of an estate who grants a wadset (or mortgage) ■ of his lands, and who has a right, on repayment of the money advanced to him, to be replaced in his ri

The residue of an estate left in the grantor, to commence in possession after the determination of some particular estate granted out by him. The The reversion arises by operation

The interest which one has in the reversion of lands or other property. The residue which remains to one who has carved out of his estate a lesser estate. See "Reversion.'' An inte

One to take effect in futuro. A second lease, to commence after the expiration of a former lease. Wharton.

A person who Is entitled to an estate in reversion.

In Scotch law. A debtor who makes a wadset, and to whom the right of reversion is granted. Ersk. Inst. 2. 8. 1. A reversioner. Jacob.

Reversion. A possibility of reverter is that species of reversionary interest which exists when the grant is so limited that it may possibly terminate. See 1 Washb. Real Prop. 63.

To vest again. A seisin is said to revest, where it is acquired a second time by the party out of whom it has been divested. 1 Roper, Hush. & Wife, 353. It is opposed to "divest."

A second examination of a matter; ordinarily applied to a re-examination of a judicial or official determination. It is a general term, embracing re-examination obtained by every v

BILL OF. In equity practice. A bill in the nature of a writ of error, filed to procure an examination and alteration or reversal of a decree made upon a former bill, which decree h

In English law. Barristers appointed to revise the list of voters for county and borough members of pointed in July or August. 6 Vict. c. 18; 3 Chit. St.

Of Contracts. An agreement to renew the legal obligation of a just debt after it has been barred by the act of limitation or lapse of time is called its "revival." Of Judgment. At

In equity practice. A bill used to renew an original bill which, for some reason, has become inoperative. The purpose of a revivor is to renew a dormant judgment and to give it its

An ancient writ for recalling a parliament. 4 Inst. 44. REVOCATUR (Lat. recalled). A term used to denote that a judgment is annulled for an error in fact. The judgment is then said