Law Dictionary

Private property, which see.

A thing is one’s own which is not common. See 8 Paige (N. Y.), 261.

A thing is private which is not common. LeBreton v. Miles, 8 Paige (N. Y.) 261, 270.

The republic; the government; the state.

Things which have not yet been brought into camp, although in the enemy’s possession, do not require postliminy on that account, because by the law of nations they have not yet cha

Things which have not yet been introduced within the enemy's lines, although held by the enemy, do not need the fiction of postliminy on this account, because their ownership by th

Common, everyday matters.

Things pertaining to religion. In Roman law, especially, burial-places, which were regarded as sacred, and could not be the subjects of commerce.

Religious matters; cemeteries.

In the civil law. Sacred things. Things consecrated by the pontiffs to the service of God; such as sacred edifices, and gifts or offerings. Inst. 2, 1, 8. Chalices, crosses, censer

Consecrated things.

A sacred thing does not admit of valuation.

In the civil law. Holy things; such as the walls and gates of a city. Inst2, 1, 10. Walls were said to be holy, because any offense against them was punished capitally. Bract, fol.

Sacred things.

I. fr. Continually abiding; resident

The taking of lands into the hands of the crown, where a general livery or ouster le main was formerly misused. Whart.

4 Macq. H. Lt Cas. 151. No one can have a servitude over his own property.

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

In computing compound interest, the date to which interest is computed and then added to the principal is so called.

Passing it a second time through the proper offico, whereupon it receives a new stamp. 1 Chit Arch. Pr. 212.

or REST OR. The remedy or recourse which assurers have against each other, according to the date of their assurances; or against the master, if the loss a^ise through his default;

An eating house. Lewis v. Hitchcock, 10 Fed. 6. See Inn; Innkeeper.

The remedy or recourse which marine underwriters have against cach other, according to the date of their assurances or against the master, if the loss, arise through his default, a

Corn or grain given or devoted to religious persons or purposes. Cowell; 2 Mon. Ang. 367 6.

I. In the civil law. To restore.

I. Restitution. Restitutio in integrum: in maritime law, In the civil law. Restitutio in Integrnm: restitution to the original condition; applied to parties on the rescinding of a

Restitution of a thing in its entirety.

Restitutio in integrum' is the leading maxim applied by admiralty courts to ascertain damages resulting from a collision

A cause of action for restitution is a type of the broader cause of action for money had and received, a remedy which is equitable in origin and function. The claimant, to prevail,

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

An edict issued in 1629, by Emperor Ferdinand II., requiring Protestants to restore to the Roman Catholic authorities all ecclesiastical property which they had appropriated at the

A writ to restore a man to the church, which he had recovered for his sanctuary, being suspected of felony. Reg. Orig. 69.

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

A writ addressed to the sheriff to restore the temporalities of a bishopric to the bishop elected and confirmed. Fitz. N. B. 1G9.

A writ for the restitution to a bishop of his temporalities. See Temporalities. Temporalities .

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

At common law there was no restitution of goods upon an indictment, because it was at the suit of the crown only, therefore the party was compelled to bring an appeal of robbery in

Restoration; restitution, q. V. Restitutio In integrum. Restoration to the original (unbroken) state or condition. 1. In civil law, placing a party in the position he occupied befo

The term “restoration” means a process undertaken to move an ecosystem or habitat toward— (A) a sustainable structure of the ecosystem or habitat; or (B) a condition that supports

The principle is now firmly settled, that prizes, made by vessels which have violated the acts of Congress, that have been enacted for the preservation of the neutrality of the Uni

He does not step back on the seniority escalator at the point he stepped off. He steps back on at the precise point he would have occupied had he kept his position continuously dur

In this section the term "restorative justice program" means a program that emphasizes the moral accountability of an offender toward the victim and the affected communit

The term "restorative practice" means a practice relating to a specific harm that— (A) is community-based and unaffiliated with any civil or criminal legal process; (B) i

to give back something that had been taken away." 453 F. 3d, at 805 .

copyright in a restored work under this section.

For the purposes of sections 971a to 971e of this title, the words “restored lands” include, without limiting the meaning thereof, those lands at Big Delta and Tok Junctions that a

an original work of authorship that— "(A) is protected under subsection (a); "(B) is not in the public domain in its source country through expiration of term of protection; "(C) i

To prohibit; to limit; to confine; to abridge. See 62 Fed. (U. S.) 828.

Narrowing down; making less extensive. For example, a restraining statute is one by which the common law is narrowed down or made less extensive in its operation. Restraining power

That a bond, executed in pursuance of articles, may be restrained by those articles, if the departure from them be clearly shown, is not to be controverted.

The term "protection order" or "restraining order" includes— (A) any injunction, restraining order, or any other order issued by a civil or criminal court for t

Restrictions or limitations imposed upon the exercise of a power by the donor thereof.

A statute which restrains the common law, where it is too lax and luxuriant. 1 Bl. Comm. 87. Statutes restraining the powers of corporations in regard to leases have been se called

§8(b)(1)(A) is a grant of power to the Board limited to authority to proceed against union tactics involving violence, intimidation, and reprisal or threats thereof—conduct involvi

What, then, according to common understanding, is the meaning of the term 'restraint?' Does it imply, that the limitation, restriction, or confinement, must be imposed by those who

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

Restraints, to be effective, do not have to be applied all along the line of movement of interstate commerce. The source of the restraint may be intrastate, as the making of a cont

A condition in a gift or deed the effect of which is to restrict v or prohibit one’s marriage. See 97 Ind. 570, 49 Am. Rep. 478.

The seeming absolute confinement to the words of an express contract... has been mitigated so far as to exclude from the risks of contracts for conduct (other than the transfer of

A phrase used in the exceptions to bills of lading, importing a limitation upon the liability of a ship-owner under the contract. The words apply only to the ruling power of a coun

With respect to contracts in restraint of trade, the earlier doctrine of the common law has been substantially modified in adaptation to modern conditions. But the public interest

It bound the land for the time stated, whether in the hands of the allottee or of his heirs. ... it is no longer open to question that the United States has capacity to sue for the

Courts would be perversely blind if they failed to look through such an attempt as this 'License Notice' thus plainly is to sell property for a full price, and yet to place restrai

The term “restraints” means any physical or mechanical device used to control the movement of a prisoner’s body, limbs, or both. / the term “restraints” has the meaning given that

a general restraint upon alienation is ordinarily invalid. 'The right of alienation is one of the essential incidents of a right of general property in movables, and restraints upo

Restraint upon free competition begins when improper use is made of that information through any concerted action which operates to restrain the freedom of action of those who buy

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

Words used in a will to devise and bequeath all of the testator’s property not specifically devised or bequeathed. See 57 App. Div. 320, 68 N. Y. Supp. 30.

a patent conveying to the allottee the land in fee, but prohibiting its alienation for a stated period

For purposes of this subsection, the term "restricted bank director stock" means stock in a bank (as defined in section 581) or a depository institution holding company (

the term “restricted buildings or grounds” means any posted, cordoned off, or otherwise restricted area— (A) of the White House or its grounds, or the Vice President's official res

The term “Restricted Data” has the meaning given such term in section 11 y. of the Atomic Energy Act of 1954 ( 42 U.S.C. 2014(y) ). / The term “Restricted Data” means all data conc

The term “restricted egg” means any check, dirty egg, incubator reject, inedible, leaker, or loss.

Restricted Indian land is property in which the United States has an interest. 'This national interest is not to be expressed in terms of property, or to be limited to the assertio

The term “restricted land” means any land, the title to which is held in the name of an Indian or Indian tribe subject to restrictions by the United States against alienation.

the restrictions on alienation imposed by Congress, to protect the Indians from their own incompetency, (p. 61); and (2) that, in the absence of approval by the Secretary, a judgme

For purposes of this section, the term “restricted period” means, with respect to any plan described in subparagraph (A)— (i) any period during which the plan is in at-risk status

The term “restricted person” means an individual who— (A) is under indictment for a crime punishable by imprisonment for a term exceeding 1 year; (B) has been convicted in any cour

the term “restricted personal information” means, with respect to an individual, the Social Security number, the home address, home phone number, mobile phone number, personal emai

Restricted property of an Indian is that which may not be freely alienated or used by the Indian without the approval of the Secretary of the Interior.

The term “restricted reporting” means a system of reporting that allows a volunteer who is sexually assaulted to confidentially disclose the details of his or her assault to specif

Restricted transaction.—The term "restricted transaction" means any transaction or transmittal involving any credit, funds, instrument, or proceeds described in any parag

The term “restricted visibility” means any condition in which visibility is restricted by fog, mist, falling snow, heavy rainstorms, sandstorms, or any other similar causes;

In the case of land registered under the English land transfer act, 1875, a restriction is an entry on the register made on the application of the registered proprietor of the land

Any restriction which, by agreement among the partners, is attempted to be imposed upon the authority which one partner possesses, as a general agent for the other, is operative on

A potential or dormant restriction, such as here involved, which depends upon the future application of rules of law to present facts, is not a 'restriction on use' within the mean

The term “restriction period” means, with respect to any election year— (I) except as provided in subclause (II), the 3-year period beginning with the election year (or, if later,

An indorsement on a bill of exchange or note is called restrictive when it limits the negotiability of the instrument to a particular person or for a particular purpose; as "pay to

A covenant which runs with the land. See 52 Hun, 610, 5 N. Y. Supp. 99.

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

That a restrictive license is legal seems clear. The patentee may grant a license 'upon any condition the performance of which is reasonably within the reward which the patentee by

Prescription by which a remedy or right lapses.

The terms “restructure” and “restructuring” include rescheduling, reamortization, renewal, deferral of principal or interest, monetary concessions, and the taking of any other acti

the term “restructured Milwaukee Railroad” means the entity that is designated as the reorganized railroad under the reorganization plan for the Milwaukee Railroad finally certifie

The terms “restructure” and “restructuring” include rescheduling, reamortization, renewal, deferral of principal or interest, monetary concessions, and the taking of any other acti

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

The term “resubmission” means a subsequent submission for advisory review of a direct-to-consumer television advertisement that has been revised in response to the Secretary's comm

In law, a thing is said to result when, after having bcen ineffectually or only partially disposed of, it comes back to Its former owner or his representatives. Sweet. —Resulting t

Has a technical use in the following phrases: Resulting trust. At the present day, this term seems used some what vaguely: sometimes as equivalent to implied, as distinguished from