restitution

an equitable remedy whereby the court acts in the public interest by restoring the status quo and ordering the return of that which rightfully belongs to the purchaser or tenant, as distinct from statutory damages or penalties; the Administrator does not request damages but asks the court to restore what rightfully belongs to the overcharged person

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 remainder of the cargo has been saved, at the general charge of the owners of the cargo; but when the remainder of the goods is afterwards lost, there is not any restitution. Stev. Av. pt 1, c. 1, § 1, art. 1, note 8.

The placing back or rethe cargo has been saved, at the general charge of the owners of the cargo; but when the remainder of the goods is after.wards lost, there is not any restitution. Stevens, Av. pt. 3, c. 1, s. 1, art. 1, n. 8. As to captured vessels, see Recapture. In Practice. The return of something to the owner of it or to the person entitled to it After property has been taken into execution, and the judgment has been reversed or set aside, the party against whom the execution was sued out shall have restitution; and this is enforced by a writ of restitution; Cro. Jac. 698; Duncan v. Kirkpatrick, 13 S. & R. (Pa.) 294. When the thing levied upon under an execution has not been sold, the thing itself shall be restored; when it has been sold, the price for which it is sold is to be restored; Bacon, Abr. Execution (Q); 1 Maule & S. 425. “Pending an appeal from an order of the common pleas striking off the satisfaction of a judgment, the plaintiff in the judgment issued an execution, and the terre-tenant of the land was compelled to pay to the sheriff a large sum of money to prevent a sale of the land; the supreme court subsequently reversed the order striking off the satisfaction of the judgment; held, that the terretenant was entitled to a writ of restitution.” Whitesell v. Peck, 176 Pa. 170, 35 Atl. 48. Whether restitution should be made in the progress of judicial procedure if the interest of the parties defendant are diverse, is a question of fact; Andrews v. Thum, 71 Fed. 763, 18 C. C. A. 308, 33 U. S. App. 393.

In maritime law. When a portion of a ship's cargo is lost by Jettison, and the remainder saved, and the articles so lost are replaced by a general contribution among the owners of the cargo, this is called "restitution."

In practice. The return of something to the owner of it or to the person entitled to it, upon the reversal or setting aside of the judgment or order of court under which it was token from him. Haebler v. Myers, 132 N. Y. 363, 30 N. E. 963,15 L. R. A. 588, 28 Am. St. Rep. 589; Gould v. McFall, 118 Pa. 455, 12 Atl. 336, 4 Am. St. Rep. 606; First Nat. Bank v. Avery Planter Co., 69 Neb. 329, 95 N. W. 624, 111 Am. St. Rep. 541. If, after money has been levied under a writ of execution, the judgment be reversed by writ of error, or set aside, the party against whom the execution was sued out shall have restitution. 2 Tidd, Pr. 1033; 1 Burrill, Pr. 292. So, on conviction of a felon, immediate restitution of such of the goods stolen as are brought into court wlll be ordered to be made to the several prosecutors. 4 Steph. Comm. 434.

In equity. Restitution is the restoration of both parties to their original condition, (when practicable,) upon the rescission of a contract for fraud or similar cause.

— Restitution of conjugal rights. In English ecclesiastical law. A species of matrimonial cause or suit which is brought whenever either a husband or wife is gnilty of the injury of subtraction, or lives separate from the other without any sufficient reason; in which case the ecclesiastical jurisdiction will compel them to come together agnin, if either party be weak enough to desire it, contrary to the inclination of the other. 3 Bl. Comm. 94,

— Restitution of minors. In Scotch law. A minor on attaining majority may obtain relief against a deed previously executed by hint, which may be held void or voidable according to circumstances. This is called "restitution of minorB." Bell.

— Writ of restitution. In 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, Pr. 1186.

Restoration to former condition or position. See Restitutio. Return of a thing to its owner: the act of making the return, or the proceeding or writ by which directed; ' At common law, when the judgment of a lower court is reversed, the court of review may specially order that the plaintiff in error be restored to whatpacker's Appeal, 41 Pa. 501 (1862); 53 id. 5a3; Smith, Eq. 206, 320; 3 Pars. Contr. 151. 1 Lewis u. Hitchcock, 10 F. R. 6-7(1882), cases, Brown, D. J.; s. c. 13 Rep. 300; 1 Hilt. 195; 54 Barb. 311. 2 Act 3 March, 1851: 9 St. L. 035. See Prope Uer ever he has lost in consequence of the erroneous judgment. Any such order is part of the judgment in reversal. The judgment, in form, is, not only that the judgment of the court below be reversed, but that " it is considered, that the defendant be restored to all things which he has lost on occasion of the judgment aforesaid; " and the writ of restitution which is issued in pursuance of it, and in which the sheriff is commanded to levy the money of the chattels of the plaintiff below, or to arrest his person, is strictly an execution.' In crimes, at common law, there was no restitution, because the indictment was in the name of the king. But by gl Hen. VIII (1530), c. 11, on conviction of larceny, the prosecutor was to have restitution of the goods. That act was repealed by 7 and 8 Geo. IV (18^, u. 27, 29, which provides that the court may order restoration to the owner or his representative, from the thief or the receiver from him; but not so, if the thing stolen was a negotiable security, which has come into the possession of a bona fide holder, for value, without reasonable cause to suspect that the paper was stolen. ^

A writ issued in favor of a successful plaintiff in error, to restore to him all he has lost by the judgment. Restitution of conjugal rights: a suit in the Eug Ush ecclesiastical courts by one party to a marriage, to compel the other to live with him or her.

1. The restoring of any thing unlawfully taken from another. 2. The name of a writ or order issued in favor of a successful plaintiff in error, to restore to him all that he has lost by the judgment which has been reversed thief, for the restitution of the stolen goods to their true owner. 4 Bl. Com. 362, 363 Restitution, however, may be ordered in a summary manner without writ; and this is believed to be the usual practice throughout the United States. Restitution of conjugal rights. A suit for restitution of conjugal rights is a suit which, by English law, may be brought when either husband or wife lives separately from the other without any sufficient reason to compel the party so living separately to return to the other. 8 Bl. Com. 94. It was formerly brought in the ecclesiastical court; but since the divorce act of 1857 it has been brought in the court for divorce and matrimonial causes, now consolidated with the high court of justice. No such proceeding is allowed or known, we believe, throughout the United States. Restitution of minors. A term of Scotch law for the relief grantable to a minor, on his attaining full age, against a deed executed by him during his minority, which may be hurtful to him. In some cases, a deed so executed is absolutely null and void; and its invalidity may be pleaded in an exception to an action founded upon it. But in other cases it is merely voidable; and, unless an action be brought to rescind it within four years of his attaining full age, called the quadriennium utile, the deed cannot be afterwards impeached. BeU.