Rejoining Gratis

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. RELATIO EST FICTIO JURIS ET INtenta ad unum. Relation is a fiction of law, and intended for one thing. 3 Coke, 28. RELATIO SEMPER FIAT UT VALEAT dispositio. Reference should always be had in such a manner that a disposition in a will may avail. 6 Coke, 76. RELATION (Lat. re, back, fero, to bear). In Civil Law. The report which the judges made of the proceedings in certain suits to the prince were so called. These relations took place when the judge had no law to direct him, or when the laws were susceptible of difficulties. It was then referred to the prince, who was the author of the law, to give the interpretation. They were made in writing, and contained the pleadings of the parties and all the proceedings, together with the judge's opinion, and prayed the emperor to order what should be done. This ordinance of the prince thus required was called a "rescript." Their use was abolished by Justinian (Nov. 125). — I

Rejoining within four days from the delivery of the replication, without a notice to rejoin or demand of rejoinder. 1 Archb. Pr. 280, 317. But RELATION (Lat. re, back, fero, to bear). In Civil Law. The report which the judges made of the proceedings in certain suits to the prince were so called. These relations took place when the judge had no law to direct him, or when the laws were susceptible of difficulties; It was then referred to the prince, who was the author of the law, to give the interpretation. They were made in writing, and contained the pleadings of the parties and all the proceedings, together with the judge’s opinion, and prayed the emperor to order what should be done. This ordinance of the prince thus required was called a rescript. Their use was abolished by Justinian, Nov. 125. In Contracts. Wlien an act is done at one time, and it operates upon the thing as if done at another time, it is said to do so by relation: as, if a man deliver a deed as an escrow, to be delivered, by the party holding it, to the grantor, on the performance of some act, the delivery to the latter will have relation back to the first delivery. Tcnnes de la Ley. Again, if a partner be adjudged a bankrupt, the partnership is dissolved, and such dissolution relates back to the time when the commission issued; 3 Kent 33. See Litt. 462; Johnson v. Stagg, 2 Johns. (N. Y.) 510; Jackson v. Dickenson, 15 Johns. (N. Y.) 309, 8 Am. Dec. 236; Hammond v. Warfield, 2 Harr. & J. (Md.) 151; Fiction. This doctrine, like every other fiction, has its limitations; its root must be planted in some antecedent, lawful right; U. S. v. R. Co., 142 Fed. 187; thus when an attachment was issued and levied without sufficient affidavit, an amended affidavit will relate back and uphold the levy; id.; Powers v. Hurmert, 51 Mo. 136.

Signifies rejoining without a notice from the opposite party to do so. Before the common-law procedure act, 1852, if a defendant delayed his rejoinder, the plaintiff might apply for a rule requiring him to rejoin in four days; and the condition of rejoining gratis meant rejoining without the usual four-day rule. By section 53 of that act, rules to rejoin were abolished, and a notice to rejoin jdig gratis, therefore, came to mean rejoining without notice from the plaintiff to do so. To do so is one of the conditions which the common-law courts hare been accustomed to impose upon a defendant who asks for further time to plead. L-ush Pract. 450, 451; Smith Act. Law, ch. 4. A rejoinder, though not expressly mentioned in the judicature acts, is implicitly recognized in order 19, rule 21, and in order 24, rule 2. By the last-cited rule, no pleading subsequent to reply, other than a joinder of issue, can be pleaded without leave of the court or a judge. A party, therefore, who wishes to " rejoin " otherwise than by " joining issue," must obtain the leave of the court or a judge for the purpose. Modey ^ W.