RACK, punishments. An engine with which to torture a supposed
criminal, in order to extort a confession of his supposed crime, and the names
of his supposed accomplices. Unknown in the United States.
2. This instrument, known by the nickname of the Duke of Exeter's
daughter, was in use in England. Barr. on the Stat. 866 12 S. & R. 227.
BACK RENT, Engl. law. The full extended value of land let by
lease, payable by tenant for life or Years. Wood's Inst. 192.
RADOUB, French law. This word designates the repairs made to a
ship, and a fresh supply of furniture and victuals, munitions and other
provisions required for the voyage. Pard. n. 602.
RAILWAY. A road made with iron rails or other suitable
2. Railways are to be constructed and used as directed by the
legislative acts creating them.
3. In general, a railroad company may take lands for the purpose of
making a road when authorized by the charter, by paying a just value for the
same. 8 S. & M. 649.
4. For most purposes a railroad is a public highway, but it may be the
subject of private property, and it has been held that it may be sold as such,
unless the sale be forbidden by the legislature; not the franchise, but the
land constituting the road. 5 Iredell, 297. In. general, however, the public
can only have a right of way for it is not essential that the public should
enjoy the land itself, namely, its treasures, minerals, and the like, as these
would add nothing to the convenience of the public.
5. Rail-road companies, like all other principals, are liable for the
acts of their agents, while in their employ, but they can not be made
responsible for accidents which could not be avoided. 2 Iredell, 234; 2
RAIN WATER. The water which naturally falls from the clouds.
2. No one has a right to build his house so as to cause the rain water
to fall over his neighbor's land; 1 Rolle's Ab. 107; 2 Leo. 94; 1 Str. 643;
Fortesc. 212; Bac. Ab. Action on. the case, F.; 5 Co. 101; 2 Rolle, Ab. 565, 1.
10; 1 Com. Dig. Action upon the case for a nuisance, A; unless he has acquired
a right by a grant or prescription.
3. When the land remains in a state of nature, says a learned writer,
and by the natural descent, the rain water would descend from the superior
estate over the lower, the latter is necessarily subject to receive such water.
1 Lois des Batimens, 15, 16. Vide 2 Roll. 140; Dig. 39, 3; 2 Bouv. Inst. n.
RANGE. This word is used in the land laws of the United States
to designate the order of the location of such lands, and in patents from the
United States to individuals they are described as being within a certain
RANK. The order or place in which certain officers are placed in
the army and navy, in relation to others, is called their rank.
2. It is a maxim, that officers of, an inferior rank are bound to obey
all the lawful commands of their superiors, and are justified for such
RANKING. In Scotland this term is used to signify the order in
which the debts of a bankrupt ought to be paid.
RANSOM, contracts, war. An agreement made between the commander
of a capturing vessel with the commander of a vanquished vessel, at sea, by
which the former permits the latter to depart with his vessel, and gives him a
safe conduct, in consideration of a sum of money, which the commander of the
vanquished vessel, in his own name, and in the name of the owners of his vessel
and cargo, promises to pay at a future time named, to the other.
2. This contract is usually made in writing in duplicate, one of which
is kept by the vanquished vessel which is its safe conduct; and the other by
the conquering vessel, which is properly called ransom bill.
3. This contract, when made in good faith, and not locally prohibited,
is valid, and may be enforeed. Such contracts have never been prohibited in
this country. 1 Kent, Com. 105. In England they are generally forbidden. Chit.
Law of Nat. 90 91; Poth. Tr. du Dr. de Propr. n. 127. Vide 2 Bro. Civ. Law,
260; Wesk. 435; 7 Com. Dig. 201; Marsh. Ins. 431; 2 Dall. 15; 15 John. 6; 3
Burr. 1734. The money paid for the redemption of such property is also called
RAPE, crim. law. The carnal knowledge of a woman by a man
forcibly and unlawfully against her will. In order to ascertain precisely the
nature of this offence, this definition will be analysed.
2. Much difficulty has arisen in defining the meaning of carnal
knowledge, and different opinions have been entertained some judges having
supposed that penetration alone is sufficient, while other's deemed emission as
an essential ingredient in the crime. Hawk. b. 1, c. 41, s. 3; 12 Co. 37; 1
Hale, P. C. 628; 2 Chit. Cr. L. 810. But in modern times the better opinion
seems to be that both penetration and emission are necessary. 1 East, P. C.
439; 2 Leach, 854. It is, however, to be remarked, that very slight evidence
may be sufficient to induce a jury to believe there was emission. Addis. R.
143; 2 So. Car. C. R. 351; 1 Beck's Med. Jur. 140. 4 Chit. Bl. Com. 213, note
8. In Scotland, emission is not requisite. Allis. Prin. 209, 210. See Emission;
3. By the term man in this definition is meant a male of the human
species, of the age of fourteen years and upwards; for an infant, under
fourteen years, is supposed by law incapable of committing this offence. 1
Hale, P. C. 631; 8 C. & P. 738. But not only can an infant uncler fourteen
years, if of sufficient mischievous discretion, but even a woman may be guilty
as principals in the second degree. And the hushand of a woman may be a
principal in the second degree of a rape committed upon his wife, as where he
held her while his servant committed the rape. 1 Harg St. Tr. 388.
4. The knowledge of the woman's person must be forcibly and against her
will; and if her consent has not been voluntarily and freely given, (when she
has the power to consent,) the offence will be complete, nor will any
subsequent acquiescence on her part do away the guilt of the ravisher. A
consent obtained from a woman by actual violence, by duress or threats of
murder, or by the administration of stupefying drugs, is not such a consent as
will shield the offender, nor turn his crime into adultery or fornication.
5. The matrmonial consent of the wife cannot be retracted, and,
therefore, her hushand cannot be guilty of a rape on her as his act is not
unlawful. But, as already observed, he may be guilty as principal in the second
6. As a child under ten years of age is incapable in law to give her
consent, it follows, that the offence may be committed on such a child whether
she consent or not. See Stat. 18 Eliz, c. 7, s. 4. See, as to the possibility
of commi tting a rape, and as to the signs which indicate it, 1 Beck's Med.
Jur. ch. 12; Merlin, Rep. mot Viol.; 1 Briand, Med. Leg. 1ere partic, c. 1, p.
66; Biessy, Manuel Medico-Legal, &c. p. 149; Parent Duchatellet, De la
Prostitution dans la ville de Paris, c. 3, §5 Barr. on the Stat. 123; 9
Car. & P. 752 2 Pick. 380; 12 S. & R. 69; 7 Conn. 54 Const. R. 354; 2
Vir. Cas. 235.
RAPE, division of a country. In the English law, this is a
district similar to that of a hundred; but oftentimes containing in it more
hundreds than one.
RAPINE, crim. law. This is almost indistinguishable from
robbery. (q. v.) It is the felonious taking of another man's personal property,
openly and by violence, against his will. The civilians define rapine to be the
taking with violence, the movable property of another, with the fraudulent
intent to appropriate it to one's own USC. Lec. El. Dr. Rom. §1071.
RAPPORT A SUCCESSION. A French term used in Louisiana, which is
somewhat similar in its meaning to our homely term hotch-pot. It is the reunion
to the mass of the succession, of the things given by the deceased ancestor to
his heir, in order that the whole may be divided among the do-heirs.
2. The obligation to make the rapport has a tripple foundation. 1. It is
to be presumed that the deceased intended in making an advancement, to give
only a portion of the inheritance. 2. It establishes the equality of adivision,
at least, with regard to the children of the same parent, who all have an equal
right to the succession. 3. It preserves in families that harmony, which is
always disturbed by unjust favors to one who has only an equal right. Dall.
Dict. h. t. See Advancement; Collation; Hotchpot.
RASCATL. An opprobrious term, applied to persons of bad
character. The law does not presume that a damage has arisen because the
defendant has been called a rascal, and therefore no general damages can be
recovered for it; if the party has received special damages in consequence of
being so called, be can recover a recompense to indennify him for his loss.
RASURE. The scratching or scraping a writing, so as to prevent
some part of it from being read. The word writing here is intended to include
printing. Vide Addition; Erasure and Interlineation. Also 8 Vin. Ab. 169; 13
Vin. Ab. 37; Bac. Ab. Evidence, F.; 4 Com. Dig. 294; 7 Id. 202.
RATE. A public valuation or assessment of every man's estate; or
the ascertaining how much tax every one shall pay. Vide Pow. Mortg. Index, h.
t.; Harr. Dig. h. t.; 1 Hopk. C. R. 87.
RATE OF EXCHANGE. Among merchants, by rate of exchange is
understood the price at which a bill drawn in one country upon another, may be
sold in the former.
RATIFICATION, contracts. An agreement to adopt an act performed
by another for us.
2. Ratifications are either empress or implied. The former are made in
express and direct terms of assent; the latter are such as the law presumes
from the acts of the principal; as, if Peter buy goods for James, and the
latter, knowing the fact, receive them and apply them to his own use. By
ratifying a contract a man adopts the agency, altogether, as well what is
detrimental as that which is for his benefit. 2 Str. R. 859; 1 Atk. 128; 4 T.
R. 211; 7 East, R. 164; 16 M. R. 105; 1 Ves. 509 Smith on Mer. L. 60; Story,
Ag. §250 9 B. & Cr. 59.
3. As a general rule, the principal has the right to elect whether he
will adopt the unauthorized act or not. But having once ratified the act, upon
a full knowledge of all the material circumstances, the ratification cannot be
revoked or recalled, and the principal becomes bound as if he had originally
authorized the act. Story, Ag. §250; Paley, Ag. by Lloyd, 171; 3 Chit.
Com. Law, 197.
4. The ratification of a lawful contract has a retrospective effect, ana
binds the principal from its date, and not only from the time of the
ratification, for the ratification is equivalent to an original authority,
according to the maxim, that omnis ratihabitio mandate aeguiparatur. Poth. Ob.
n. 75; Ld. Raym. 930; Com. 450; 5 Burr. 2727; 2 H. Bl. 623; 1 B. & P. 316;
13 John.; R. 367; 2 John. Cas. 424; 2 Mass. R. 106.
5. Such ratification will, in general, relieve the agent from all
responsibility on the contract, when be would otherwise have been liable. 2
Brod. & Bing. 452. See 16 Mass. R. 461; 8 Wend. R. 494; 10 Wend. R. 399;
Story, Ag. §251. Vide Assent, and Ayl. Pand. *386; 18 Vin. Ab. 156; 1 Liv.
on, Ag. c. 2, §4, p. 44, 47; Story on Ag. §239; 3 Chit. Com. L. 197;
Paley on Ag. by Lloyd, 324; Smith on Mer. L. 47, 60; 2 John. Cas. 424; 13 Mass.
R. 178; Id. 391; Id. 379; 6 Pick. R. 198; 1 Bro. Ch. R. 101, note; S. C. Ambl.
R. 770; 1 Pet. C. C. R. 72; Bouv. Inst. Index, h. t.
6. An infant is not liable on his contracts; but if, after coming of
age, he ratify the contract by an actual or express declaration, he will be
bound to perform it, as if it had been made after he attained full age. The
ratification must be voluntary, deliberate, and intelligent, and the party must
know that without it, he would not be bound. 11 S. & R. 305, 311; 3 Penn.
St. R. 428. See 12 Conn. 551, 556; 10 Mass. 137,140; 14 Mass. 457; 4 Wend. 403,
405. But a confirmation or ratification of a contract, may be implied from acts
of the infant after he becomes of age; as by enjoying or claiming a benefit
under a contract be might have wholly rescinded; 1 Pick. 221, 22 3; and an
infant partner will be liable for the contracts of the firm, or at least such
as were known to him, if he, after becoming of age, confirm the contract of
partnership by transacting business of the firm, receiving profits, and the
like. 2 Hill. So. Car. Rep. 479; 1 B. Moore, 289.
RATIFICATION OF TREATIES. The constitution of the United States,
art. 2, s. 2, declares that the president shall have power, by and with the
advice and consent of the senate, to make treaties, provided two-thirds of the
senators present concur. 2. So treaty is therefore of any validity to bind the
nation unless it has been ratified by two-thirds of the members present in the
senate at the time its expediency or propriety may have been discussed. Vide
RATIHABITION, contracts. Confirmation; approbation of a
contract; ratification. Vin. Ab. h. t.; Assent. (q. v.)
RATIONALIBUS DIVISIS, WRIT DE. The name of a writ which lies
properly when two men have lands in several towns or hamlets, so that the one
is seised of the land in one town or hamlet, and the other, of the other town
or hamlet by himself; and they do not know the bounds of the town or hamlet,
nor of their respective lands. This writ lies by one, against the other, and
the object of it is to fix the boundaries. F . N. B. 300.
RAVISHED, pleadings. In indictments for rape, this technical
word must be introduced, for no other word, nor any circumlocution, will answer
the purpose. The defendant should be charged with having "feloniously ravished"
the prosecutrix, or woman mentioned in the indictment. Bac. Ab. Indictment, G
l; Com. Dig. Indictment, G 6; Hawk. B. 2, c. 25, s. 56; Cro. C. C. 37; 1 Hale,
628: 2 Hale, 184 Co. Litt. 184, n. p.; 2 Inst. 180; 1 East, P. C. 447. The
words "feloniously did ravish and carnally know," imply that the act was done
forcibly and against the will of the woman. 12 S. & R. 70. Vide 3 Chit. Cr.
RAVISHMENT, crim. law. This word has several meanings. 1. It is
an unlawful taking of a woman, or an heir in ward. 2. It is sometimes used
synonymously with rape.
RAVISHMENT OF WARD, Eng. law. The marriage of an infant ward,
without the consent of the guardian, is called a ravishment of ward, and
punishable by statute. Westminster 2, c. 35.
READING. The act of making known the contents of a writing or of
a printed document.
2. In order to enable a party to a contract or a devisor to know what a
paper contains it must be read, either by the party himself or by some other
person to him. When a person signs or executes a paper, it will be presumed
that it has been read to him, but this presumption may be rebutted.
3. In the case of a blind testator, if it can be proved that the will
was not read to him, it cannot be sustained. 3 Wash. C C. R. 580. Vide 2 Bouv.
Inst. n. 2012.
REAL. A term which is applied to land in its most enlarged
signification. Real security, therefore, means the security of mortgages or
other incumbrances affecting lands. 2 Atk. 806; S. C. 2 Ves. sen. 547.
2. In the civil law, real has not the same meaning as it has in the
common law. There it signifies what relates to a thing, whether it be movable
or immovable, lands or goods; thus, a real injury is one which is done to a
thing, as a trespass to property, whether it be real or personal in the common
law sense. A real statute is one which relates to a thing, in contradistinction
to such as relate to a person,
REAL ACTIONS. Those which concern the realty only, being such by
which the demandant claims title to have any lands or tenements, rents, or
other hereditaments, in fee simple, fee tail, or for term of life. 3 Bl. Com.
117. Vide Actions.
2. In the civil law, by real actions are meant those which arise from a
right in a thing, whether it be movable or immovable.
REAL CONTRACT, com. law. By this term are understood contracts
in respect to real property. 3 Rawle, 225.
2. In the civil law real contracts are those which require the
interposition of thing (rei,) as the subject of them; for instance, the loan
for goods to be specifically returned.
3. By that law, contracts are divided into those which are formed by the
mere consent of the parties, and therefore are called consensual; such as sale,
hiring and mandate, and those in which it is necessary that there should be
something more than mere consent, such as the loan of money, deposit or pledge,
which, from their nature, require the delivery of the thing; whence they are
called real. Poth. Obl. p. 1, c. 1, s. 1, art. 2.
REAL PROPERTY, That which consists of land, and of all rights
and profits arising from and annexed to land, of a permanent, immovable nature.
In order to make one's interest in land, real estate, it must be an interest
not less than for the party's life, because a term of years, even for a
thousand years, perpetually renewable, is a mere personal estate. 3 Russ. R.
376. It is usually comprised under the words lands, tenements, and
hereditaments. Real property is corporeal, or incorporeal.
2. Corporeal consists wholly of substantial, permanent objects, which
may all be comprehended under the general denomination of land. There are some
chattels which are so annexed to the inheritance, that they are deemed a part
of it, and are called heir looms. (q. v.) Money agreed or directed to be laid
out in land is considered as real estate. Newl. on Contr. chap. 3; Fonb. Eq. B.
1, c. 6, §9; 3 Wheat. Rep. 577.
3. Incorporeal property, consists of certain inheritable rights, which
are not, strictly speaking, of a corporeal nature, or land, although they are
by their own nature or by use, annexed to corporeal inheritances, and are
rights issuing out of them, or which concern them. These distinctions agree
with the civil law. Just. Inst. 2, 2; Poth. Traite de la Communaute, part 1, c.
2, art. 1. The incorporeal hereditaments which subsist by the laws of the
several states are fewer than those recognized by the English law. In the
United States, there are fortunately no advowsons, tithes, nor dignities, as
4. The most common incorporeal hereditaments, are, 1. Commons. 2. Ways.
3. Offices. 4. Franchises. 5. Rents. For authorities of what is real or
personal property, see 8 Com. Dig. 564; 1 Vern. Rep. by Raithby, 4, n.; 2 Kent,
Com. 277; 3 Id. 331; 4 Watts' R. 341; Bac. Ab. Executors, H 3; 1 Mass. Dig.
394; 5 Mass. R. 419, and the references under the article Personal property,
(q. v.) and Property. (q. v.)
5. The principal distinctions between real and personal property, are
the following: 1. Real property is of a permanent and immovable nature, and the
owner has an estate therein at least for life. 2. It descends from the ancestor
to the heir instead of becoming the property of an executor or admin-istrator
on the death of the owner, as in case of personalty. 3. In case of alienation,
it must in general be made by deed, 5 B. & C. 221, and in presenti by the
common law; whereas leases for years may commence in futuro, and personal
chattels may be transferred by parol or delivery. 4. Real estate when devised,
is subject to the widow's dower personal estate can be given away by will
discharged of any claim of the widow.
6. These are some interests arising out of, or connected with real
property, which in some respects partake of the qualities of personally; as,
for example, heir looms, title deeds, which, though in themselves movable, yet
relating to land descend from ancestor to heir, or from a vendor to a
purchaser. 4 Bin . 106.
7. It is a maxim in equity, that things to be done will be considered as
done, and vice versa. According to this doctrine money or goods will be
considered as real property, and land will be treated as personal property.
Money directed by a will to be laid out in land is, in equity, considered as
land, and will pass by the words "lands, tenements, and hereditaments
whatsoever and wheresoever." 3 Bro. C. C. 99; 1 Tho. Co. Litt. 219, n. T.
REALITY OF LAWS. Those laws which govern property, whether real
or personal, or things; the term is used in persona opposition to personality
of laws. (q. v.) Story, Confl. of L. 23.
REALM. A kingdom; a country. 1 Taunt. 270; 4 Campb. 289; Rose,
REALTY. An abstract of real, as distinguished from personalty.
Realty relates to lands and tenements, rents or other hereditaments. Vide Real
REASON. By reason is usually understood that power by which we
distinguish truth from falsehood, and right from wrong; and by which we are
enabled to combine means for the attainment of particular ends. Encyclopedie,
h. t.; Shef. on Lun. Introd. xxvi. Ratio in jure aequitas integra.
2. A man deprived of reason is not criminally responsible for his acts,
nor can he enter into any contract.
3. Reason is called the soul of the law; for when the reason ceases, the
law itself ceases. Co. Litt. 97, 183; 1 Bl. Com. 70; 7 Toull. n. 566.
4. In Pennsylvania, the judges are required in giving their opinions, to
give the reasons upon which they are founded. A similar law exists in France,
which Toullier says is one of profound wisdom, because, he says, les arrets ne
sont plus comme autre fois des oracles muets qui commandent une obeissance
passive; leur autorite irrefragable pour ou contre ceux qui les ont obtenus,
devient soumise a la censure de la raison, quand on pretend les eriger en
re-gles a suivre en d'autres cas semblables, vol. 6, n. 301; judgments are not
as formerly silent oracles which require a passive obedience; their
irrefragable authority, for or against those who have obtained them, is
submitted to the censure of reason, when it is pretended to set them up as
rules to be observed in other similar cases. But see what Duncan J. says in 14
S. & R. 240.
REASONABLE. Conformable or agreeable to reason; just;
2. An award must be reasonable, for if it be of things nugatory in
themselves, and offering no advantage to either of the parties, it cannot be
enforeed. 3 Bouv. Inst. n. 2096. Vide Award.
REASONABLE ACT. This term signifies such an act as the law
requires. When an act is unnecessary, a party will not be required to perform
it as a reasonable act. 9 Price's Rep. 43; Yelv. 44; Platt. on Cov. 342,
REASONABLE TIME. The English law, which in this respect, has
been adopted by us, frequently requires things to be done within a reasonable
time; but what a reasonable time is it does not define: quam long-um debet esse
rationabile tempus, non definitur in lege, sed pendet ex discretione
justiciariorum. Co. Litt, 50. This indefinite requisition is the source of much
litigation. A bill of exchange, for example, must be presented within a
reasonable time Chitty, Bills, 197-202. An abandonment must be made within a
reasonable time after advice received of the loss. Marsh. Insurance, 589.
2. The commercial code of France fixes a time in both these cases, which
varies in proportion to the distance. See Code de Com. L. 1, t. 8, s. 1,
§10, art. 160; Id. L. 5, t. 10, s. 3, art. 373. Vide, generally, 6 East,
3; 7 East, 385; 3 B. & P. 599; Bayley on Bills, 239; 7 Taunt. 159, 397; 15
Pick. R. 92,; 3 Watts. R. 339; 10 Wend. R. 304; 13 Wend. R. 549; 1 Hall's R. 56
6 Wend. R. 369; Id. 443; 1 Leigh's N. P. 435; Co. Litt. 56 b.
REASSURANCE. When an insurer is desirous of lessening his
liability, he may procure some other insurer to insure him from loss, for the
insurance he has made this is called reassurance.
REBATE, mer. law. Discount; the abatement of inferest in
consequence of prompt payment. Merch. Dict. h. t.
REBEL. A citizen or subject who unjustly and unlawfully takes up
arms against the constituted authorities of the nation, to deprive them of the
supreme power, either by resisting their lawful and constitutional orders, in
some particular matter, or to impose on them conditions. Vattel, Droit des
Gens, liv. 3, §328. In another sense it signifies a refusal to obey a
superior, or the commands of a court. Vide Commission of Rebellion.
REBELLION, crim. law. The taking up arms traitorously against
the government and in another, and perhaps a more correct sense, rebellion
signifies the forcible opposition and resistance to the laws and process
2. If the rebellion amount to treason, it is punished by the laws of the
United States with death. If it be a mere resistance of process, it is
generally punished by fine and imprisonment. See Dalloz, Dict. h. t.; Code
REBELLION, COMMISSION OF. A commission of rebellion is the name
of a writ issuing out of chancery to compel the defendant to appear. Vide
Commission of Rebellion.
REBOUTER. To repel or bar. The action of the heir by the
warranty of his ancestor, is called to rebut or repel. 2 Tho. Co. Litt. 247,
TO REBUT. To contradict; to do away as, every homicide is
presumed to be murder, unless the contrary appears from evidence which proves
the death; and this presumption it lies on the defendant to rebut by showing
that it was justifiable or excusable. Allis. Prin. 48.
REBUTTER, pleadings. The name of the defendant's answer to the
plaintiff's surrejoinder. It is governed by the same rules as the rejoinder.
(q. v.) 6 Com. Dig. 185.
REBUTTING EVIDENCE. That which is given by a party in the cause
to explain, repel, counteract or disprove facts given in evidence on the other
side. The term rebutting evidence is more particularly applied to that evidence
given by the plaintiff, to explain or repel the evidence given by the
2. It is a general rule that anything may be given as rebutting evidence
which is a direct reply ta that produced on the other side; 2 M'Cord, 161; and
the proof of circumstances may be offered to rebut the most positive
testi-mony. Pet. C. C. 235. See Circumstances.
3. But there are several rules which exclude all rebutting evidence. A
party cannot impeach the validity of a promissory note which he has made or
en-dorsed; 3 John. Cas. 185; nor impeach his own witness, though he may
disprove, by other witnesses, matters to which he has testified; 3 Litt. 465,
nor can be rebut or contradict what a witness has sworn to, which is immaterial
to the issue. 16 Pick. 153; 2 Bailey, 118.
4. Parties and privies are estopped from contradicting a written
instrument by parol proof, but this rule does not apply to strangers. 10 John.
229. But the parties may prove that before breach the agreement was abandoned,
or annulled by a subsequent agreement not in writing. 4 N. Hamp. Rep. 196. And
when the writing was made by another, as, where the log-book stated a
desertion, the party affected by it may prove that the entry was false or made
by mistake. 4 Mason, R. 541.
TO RECALL, international law. To deprive a minister of his
functions; to supersede him.
TO RECALL A JUDGMENT. To reverse a judgment on a matter, of
fact; the judgment is then said to be recalled or revoked, and when it is
reversed for an error of law, it is said simply to be reversed, quod judicium
RECAPTURE, war. By this term is understood the recovery from the
enemy, by a friendly force, of a prize by him captured. It differs from rescue.
2. It seems incumbent on follow citizens, and it is of course equally
the duty of allies, to rescue each other from the enemy when there is a
reasonable prospect of success. 3 Rob. Rep. 224.
3. The recaptors are not entitled to the property captured, as if it
were a new prize; the owner is entitled to it by the right of postliminium. (q.
v.) Dall. Dict. mots Prises maritmies, art. 2, §4.
RECAPTION, remedies. The act of a person who has been deprived
of the cus-tody of another to which he is legally entitled, by which he regains
the peaceable custody of such person; or of the owner of personal or real
property who has been deprived of his possession, by which he retakes
possession, peaceably. In each of these cases the law allows the recaption of
the person or of the property, provided he can do so without occasioning a
breach of the peace, or an injury to a third person who has not been a party to
the wrong. 3 Inst. 134; 2 Rolle, Rep. 55, 6; Id. 208; 2 Rolle, Abr. 565; 3 Bl.
Comm. 5; 3 Bouv. Inst. n. 2440, et seq.
2. Recaption may be made of a person, of personal property, of real
property; each of these will be separately examined.
3. - 1. The right of recaption of a person is confined to a hushand in
re-taking his wife; a parent, his child, of whom he has the custody; a master,
his apprentice and, according to Blackstone, a master, his servant; but this
must be limited to a servant who assents to the recaption; in these cases, the
party injured may peaceably enter the house of the wrongdoer, without a demand
being first made, the outer door being open, and take and carry away the person
wrongfully detained. He may also enter peaceably into the house of a person
harboring, who was not concerned in the original abduction. 8 Bing. R. 186; S.
C. 21 Engl. C. L. Rep. 265.
4. - 2. The same principles extend to the right of recaption of personal
property. In this sort of recaption, too much care cannot be observed to avoid
any personal injury or breach of the peace.
5. - 3. In the recaption of real estate the owner may, in the absence of
the occupier, break open the outer door of a house and take possession; but if,
in regaining his possession, the party be guilty of a forcible entry and breach
of the peace, he may be indicted; but the wrongdoer or person who had no right
to the possession, cannot sustain any action for such forcible regaining
possession merely. 1 Chit. Pr. 646.
RECEIPT, contracts. A receipt is an acknowledgment in writing
that the party giving the same has received from the person therein named, the
money or other thing therein specified.
2. Although expressed to be in full of all demands, it is only prima
facie evidence of what it purports to be and upon satisfactory proof being made
that it was obtained by fraud, or given either under a mistake of facts or an
ignorance of law, it may be inquired into and corrected in a court of law as
well as in equity. 1 Pet. C. C. R. 182; 3 Serg. & Rawle, 355; S. P. 7 Serg.
& Rawle, 309; 3 Serg. & Rawle, 564, 589; 12 Serg. & Rawle, 131; 1
Sid. 44; 1 Lev. 43; 1 Saund. 285; 2 Lutw. 1173; Co. Lit. 373; 2 Stark. C. 382;
1 W., C. C. R. 328; 2 Mason's R. 541; 11 Mass. 27; 1 Johns. Cas. 145; 9 John.
R. 310; 8 Johns. R. 389; 5 Johns. R. 68; 4 Har. & McH. 219; 3 Har. &
McH. 433; 2 Johns. R. 378; 2 Johns. R., 319. A receipt in full, given with a
full knowledge of all the circumstances and in the absence of fraud, seems to
be conclusive. 1 Esp. C. 172; Benson v. Bennet, 1 Camp. 394, n.
3. A receipt sometimes contains an acknowledgment of having received a
thing, and also an agreement to do another. It is only prima facie evidence as
far as the receipt goes, but it cannot be contradicted by parol evidence in any
part by which the party engages to perform a contract. A bill of lading, for
example, partakes of both these characters; it may be contradicted or explained
as to the facts stated in the recital, as that the goods were in good order and
well conditioned; but, in other respects, it cannot be contradicted in any
other manner than a common written contract. 7 Mass. R. 297; 1 Bailey, R. 174;
4 Ohio, R. 334; 3 Hawks, R. 580; 1 Phil. & Am. on Ev. 388; Greenl. Ev.
§305. Vide, generally, 1 B . & C. 704 S. C. 8 E. C. L. R. 193; 2
Taunt. R. 141; 2 T. R. 366; 5 B. & A. 607; 7 E. C. L. R. 206; 3 B. & C.
421; 1 East, R. 460.
4. If a man by his receipt acknowledges that he has received money from
an agent on account of his principal, and thereby accredits the agent with the
principal to that amount, such receipt is, it seems, conclusive as to the
payment by the agent. For example, the usual acknowledgment in a policy of
insurance of the receipt of premium from the assured, is conclusive of the fact
as between the underwriter and the assured; Dalzell v. Mair, 1 Camp. 532;
although such receipt would not be so between the underwriter and the broker.
And if an agent empowered to contract for sale, sell and convey land, enter
into articles of agreement by which it is stipulated that the vendee shall
clear, make improvements, pay the purchase money by installments, &c., and
on the completion of the covenants to be performed by him, receive from the
vendor or his legal representatives, a good and sufficient warranty deed in fee
for the premises, the receipt of the agent for Such parts of the purchase-money
as may be paid before the execution of the deed, is binding on the principal. 6
Serg. & Rawle, 146. See 11 Johns. R. 70.
5. A receipt on the back of a bill of exchange is prima facie evidence
of payment by the acceptor. Peake's C. 25. The giving of a receipt does not
exclude parol evidence of payment. 4 Esp. N. P. C. 214.
6. In Pennsylvania it has been holden that a receipt, not under seal, to
one of several joint debtors, for his proportion of the debt, discharges the
rest. 1 Rawle, 391. But in New York a contrary rule has been adopted. 7 John.
207. See Coxe, 81; 1 Root, 72. See Evidence.
RECEIPTOR. In Massachusetts this name is given to the person
who, on a trustee process being issued and goods attached, becomes surety to
the sheriff to have them forthcoming on demand, or in time to respond the
judgment, when the execution shall be issued. Upon which the goods are bailed
to him. Story, Bailm. §124, and see Attachment; Remedies.
RECEPTUS, civil law. The name sometimes given to an arbitrator,
because he had been received or chosen to settle the differences between the
parties. Dig. 4, 8 Code, 2, 56.
TO RECEIVE. Voluntarily to take from another what is
2. A landlord, for example, could not be said to receive the key from
his tenant, when the latter left it at his house without his knowledge, unless
by his acts afterwards, he should be presumed to have given his consent.
RECEIVER, chancery practice. A person appointed by a court
possessing chan- cery jurisdiction to receive the rents and profits of land, or
the profits or produce of other property in dispute.
2. The power of appointing a receiver is a discretionary power exercised
by the court. the appointment is provisional, for the more speedy getting in of
the estate in dispute, and scouring it for the benefit of such person as may be
entitled to it, and does not affect the right. 3 Atk. 564.
3. It is not within the compass of this work to state in what cases a
receiver will be appointed; on this subject, see 2 Madd. Ch. 233.
4. The receiver is an officer of the court, and as such, responsible for
good faith and reasonable diligence. When the property is lost or injured by
any negligence or dishonest execution of the trust, he is liable in damages;
but he is not, as of course, responsible because there has been an embezzlement
or theft. He is bound to such ordinary diligence, as belongs to a prudent and
honest discharge of his duties, and such as is required of all persons who
receive compensation for their services. Story, Bailm. §620, 621; and the
cases there cited. Vide, generally, 2 Mudd. Ch. 232; Newl. Ch. Pr. 88; 8 Com.
Dig. 890; 18 Vin. Ab. 160; 1 Supp. to Ves. jr. 455; 2 Id. 57, 58, 74, 75, 442,
455; Bouv. Inst. Index, h. t.
RECEIVER OF STOLEN GOODS, crim. law. By statutory provision the
receiver of stolen goods knowing them to have been stolen may be punished as
the principal in perhaps all the United States.
2. To make this offence complete, the goods received must have been
stolen, and the receiver must know that fact.
3. It is almost always difficult to prove guilty knowledge; and that
must in general be collected from circumstances. If such circumstances are
proved which to a person of common understanding and prudence and situated as
the prisoner was, must have satisfied him that they were stolen, this is
sufficient. For example, the receipt of watches, jewelry, large quantities of
money, bundles of clothes of various kinds, or personal property of any sort,
to a considerable value, from boys or persons destitute of property, and
with-out any lawful means of acquiring them and specially if bought at untimely
hours, the mind can arrive at no other conclusion than that they were stolen.
This is further confirmed if they have been bought at an undervalue, concealed,
the marks defaced, and falsehood resorted to in accounting for the possession
of them. Alison's Cr. Law, 330; 2 Russ. Cr. 253; 2 Chit. Cr. Law , 951; Roscoe,
Cr. Ev. h. t.; 1 Wheel. C. C. 202.
4. At common law receiving, stolen goods, knowing them to have been
stolen, is a misdemeanor. 2 Russ. Cr. 253.
RECESSION. A re-grant: the act of returning the title of a
country to a go- vernment which formerly held it, by one which has it at the
time; as the recession of Louisiana, which took place by the treaty between
France and Spain, of October 1, 1800. See 2 White's Coll. 516.
RECIDIVE, French law. The state of an individual who commits a
crime or misdemeanor, after having once been condemned for a crime or
misdemeanor; a relapse.
2. Many states provide, that for a second offence, the punishment shall
be increased in those cases the indictment should set forth the crime or
mis-dmeanor as a second offence.
3. The second offence must have been committed after tho conviction for
the first; a defendant could not be convicted of a second offence, as such,
until after he had suffered a punishment for the first. Dall. Diet. h. t.
RECIPROCAL CONTRACT, civil law. One in which the parties enter
into mutual engagements.
2. They are divided into perfect and imperfect. When they are perfectly
reciprocal, the obligation of each of the parties is equally a principal part
of the contract, such as sale, partnership, &c. Contracts imperfectly
reciprocal are those in which the obligation of one of the parties only is a
principal obligation of the contract; as, mandate, deposit, loan for use, and
the like. In all reciprocal contracts the consent of the parties must be ex-
pressed. Poth. Obl. n. 9; Civil Code of Louis. art. 1758, 1759.
RECIPROCITY. Mutuality; state, quality or character of that
which is reciprocal.
2. The states of the Union are bound to many acts of reciprocity. The
constitution requires that they shall deliver to each other fugitives from
justice; that the records of one state, properly authenticated, shall have full
credit in the other states; that the citizens of one state shall be citizens of
any state into which they may remove. In some of the states, as in
Pennsylvania, the rule with regard to the effect of a discharge under the
insolvent laws of another state, are reciprocated; the discharges of those
courts which respect the discharges of the courts of Pennsylvania, are
respected in that state.
RECITAL, contracts, pleading. The repetition of some former
writing, or the statement of something which has been done. Touchst. 76.
2. Recitals are used to explain those matters of fact which are
necessary to make the transaction intelligible. 2 Bl. Com. 298. It is said that
when a deed of defeasance recites the deed which it is meant to defeat, it must
recite it truly. Cruise, Dig. tit. 32, c 7, s. 28. In other cases it need not
be so particular. 3 Penna. Rep. 324; 3 Chan. Cas. 101; Co. Litt. 352 b; Com.
Dig. Fait, E 1.
3. A party who executes a deed reciting a particular fact is estopped
from denying such fact; as, when it was recited in the condition of a bond that
the obligor had received divers sums of money for the obligee which he had not
brought to account, and acknowledged that a balance was due to the obligee, it
was holden that the obligor was estopped to say that he had not received any
money for the use of the obligee. Willes, 9, 25; Rolle's Ab. 872, 3.
4. In pleading, when public statutes are recited, a small variance will
not be fatal, where by the recital the party is not "tied up to the statute;"
that is, if the conclusion be contra formam statuti praediti. Sav. 42; 1 Chit.
Crim. Law, 276 Esp. on Penal Stat. 106. Private statutes must be recited in
pleading, and proved by an exemplified copy, unless the opposite party, by his
pleading admit them.
5. By the plea of nul tiel record, the party relying on a private
statute is put to prove it as recited, and a variance will be fatal. See 4 Co.
76; March, Rep. 117, pl. 193; 3 Harr. & McHen. 388. Vide. generally, 12
Vin. Ab. 129; 13 Vin. Ab. 417; 18 Vin. Ab. 162; 8 Com. Dig. 584; Com. Dig.
Testemoigne-Evid. B 5; 4 Binn. R. 231; 1 Dall. R. 67; 3 Binn. R. 175; 3 Yeates,
R. 287; 4 Yeates, R. 362, 577; 9 Cowen, R. 86; 4 Mason, R. 268; Yelv. R. 127 a,
note 1; Cruise, Dig. tit. 32, c. 20, s. 23; 5 Johns. Ch. Rep. 23; 7 Halst. R.
22; 2 Bailey's R. 101; 6 Harr. & Johns. 336; 9 Cowen's R. 271; 1 Dana's R.
327; 15 Pick. R. 68; 5 N. H. Rep. 467; 12 Pick. R, 157; Toullier in his Droit
Civil Francais, liv. 3, t. 3, c. 6, n. 157 et seq. has examined this subject
with his usual ability. 2 Hill. Ab. c. 29, s. 30; 2 Bail. R. 430; 2 B. & A.
625; 2 Y. & J. 407; 5 Harr. & John. 164; Cov. on Conv. Ev. 298, 315;
Hurl. on Bonds, 33; 6 Watts & Serg. 469.
6. Formerly, in equity, the decree contained recitals of the pleadings
in the cause, which became a great grievance. Some of the English chancellors
endeavored to restrain this prolixity. By the rules of practice for the courts
in equity of the United States it is provided, that in drawing up decrees and
orders, neither the bill, nor the answer, nor other pleading nor any part
thereof, nor the report of any master, nor any other prior proceedings, shall
be stated or recited in the decree or order. Rule 86; 4 Bouv. Inst. n.
RECLAIM. To demand again, to insist upon a right; as, when a
defendant for a consideration received from the plaintiff, has covenanted to do
an act, and fails to do it, the plaintiff may bring covenant for the breach, or
assumpsit to reclaim the consideration. 1 Caines, 47.
RECOGNITION, contracts. An acknowledgment that something which
has been done by one man in the name of another, was done by authority of the
2. A recognition by the principal of the agency of another in the
particular instance, or in similar instances, is evidence of the authority of
the agent, so that the recognition may be either express or implied. As an
instance of an implied recognition may be mentioned the case of one who
subscribes policies in the name of another and, upon a loss happening, the
latter pays the amount. 1 Camp. R. 43, n. a; 1 Esp. Cas. 61; 4 Camp. R. 88.
RECOGNITORS, Eng. law. The name by which the jurors impanneled
on an assize are known. Barnet v. Ihrie, 17 S. & R. 174.
RECOGNIZANCE, contracts. An obligation of record entered into
before a court or officer duly authorized for that purpose, with a condition to
do some act required by law, which is therein specified. 2 Bl. Com. 341; Bro.
Ab. h. t.; Dick. Just. h. t.; 1 Chit. Cr. Law, 90.
2. Recognizances relate either to criminal or civil matters. 1.
Recognizances in criminal cases, are either that the party shall appear before
the proper court to answer to such charges as are or shall be made against him,
that he shall keep the peace or be of good behaviour. Witnesses are also
required to be bound in a recognizance to testify.
3. - 2. In civil cases, recognizances are entered into by bail,
conditioned that they will pay the debt, interest and costs recovered by the
plaintiff under certain contingencies. There are also cases where recognizances
are entered into under the authority and requirements of statutes.
4. As to the form. The party need not sign it; the court, judge or
magis-trate having authority to take the same, makes a short memorandum on the
record, which is sufficient. 2 Binn. R. 481; 1 Chit. Cr. Law, 90; 2 Wash. C. C.
R. 422; 9 Mass. 520; 1 Dana, 523; 1 Tyler, 291; 4 Verm. 488; 1 Stew. &
Port. 465; 7 Vern. 529; 2 A. R. Marsh. 131; 5 S. & R. 147; Vide generally,
Com. Dig. Forcible Entry, D 27; Id. Obligation, K; Whart. Dig. h. t. Vin. Ab.
h. t.; Rolle's Ab. h. t.; 2 Wash. C. C. Rep. 422; Id. 29; 2 Yeates, R. 437; 1
Binn. R. 98 , note 1 Serg. & Rawle, 328 3 Yeates, R. 93; Burn. Just. h. t.
Vin. Ab. h. t.; 2 Sell. Pract. 45.
RECOGNIZEE. He for whose use a recognizance has been taken.
RECOGNISOR, contracts. He who enters into a recognizance.
RECOLEMENT, French law. The reading and reexamination by a
witness of a de-position, and his persistance in the saine, or his making such
alteration, as his better recollection may enable him to do, after having read
his deposition. Without such reexamination the deposition is void. Poth.
Proced. Cr. s. 4, art. 4.
RECOMMENDATION. The giving to a person a favorable character of
2. When the party giving the character has acted in good faith, he is
not responsible for the injury which a third person, to whom such
recommendation was given, may have, sustained in consequence of it, although he
3. But when the recommendation is knowingly untrue, and an injury is
sustained, the party recommending is civilly responsible for damages; 3 T. R.
51; 7 Cranch, 69; 14 Wend. 126; 7 Wend. 1; 6 Penn. St. R. 310 whether it was
done merely for the purpose of benefitting the party recommended, or the party
who gives the recommendation.
4. And in case the party recomended was a debtor to the one
recommending, and it was agreed prior to the transaction, that the former
should, out of the property to be obtained by the recommendation, be paid; or
in case of any other species of collusion, to cheat the person to whom the
credit is given, they may both be criminally prosecuted for the conspiracy.
Vide Character, and Fell on Guar. ch. 8; 6 Johns. R. 181; 1 Davis Ca. Er. 22;
13 Johns. R. 224; 5 N. S. 443.
RECOMPENSATION, Scolch law. When a party sues for a debt, and
the defendant pleads compensation, or set-off, the plaintiff may allege a
compensation on his part, and this is called a recompensation. Bell's Dict. h.
RECOMPENSE. A reward for services; remuneration for goods or
2. In maritime law there is a distinction between recompense and
restitution. (q. v.) When goods have been lost by jettison, if at any
subsequent period of the voyage the remainder of the cargo be lost, the owner
of the goods lost by jettison cannot claim restitution from the owners of the
other goods; but in the case of expenses incurred with a view to the general
benefit, it is clear that they ought to be made good to the party, whether he
be an agent employed by the master in a foreign port or the ship owner
RECOMPENSE OP RECOVERY IN VALUE. This phrase, is applied to the
matter recovered in a common recovery, after the vouchee has disappeared, and
judgment is given for the demandant. 2 Bouv. Inst. n. 2093.
RECONCILIATION, contracts. The act of bringing persons to agree
together, who before, had had some difference.
2. A renewal of cohabitation between hushand and wife is proof of
reconcil-iation, and such reconciliation destroys the effect of a deed of
separation. 4 Eccl. R. 238.
RECONDUCTION, civ. law. A renewing of a former lease;
relocation. (q. v.) Dig. 19, 2, 13, 11; Code Nap. art. 1737-1740.
RECONVENTION, civ. law. An action brought by a party who is
defendant against the plaintiff before the same judge. Reconventio est petitio
qua reus vicissim, quid ab actore petit, ex eadem, vel diversa causa. Voet, in
tit. de Judiciis, n. 78; 4 N. S. 439. To entitle the defendant to institute a
demand in reconvention, it is requisite that such demand, though different from
the main action, be nevertheless necessarily connected with it and incidental
to the same. Code of Pr. Lo. art. 375; 11 Lo. R. 309; 7 N. S. 282; 8 N. S.
2. The reconvention of the civil law was a species of cross-bill. Story,
Eq. Pl. §402. See Conventio; Bill in chancery. Vide Demand in
RECORD, evidence. A written memorial made by a public officer
authorized by law to perform that function, and intended to serve as evidence
of something written, said, or done. 6 Call, 78; 1 Dana, 595.
2. Records may be divided into those which relate to the proceedings of
congress and the state legislatures - the courts of common law - the courts of
chancery - and those which are made so by statutory provisions.
3. - 1. Legislative acts. The acts of congress and of the several
legislatures are the highest kind of records. The printed journals of congress
have been so considered. 1 Whart. Dig. tit. Evidence, pl. 112 and see Dougl.
593; Cowp. 17.
4. - 2. The proceedings of the courts of common law are records. But
every minute made by a clerk of a court for his own future guidance in making
up his record, is not a record. 4 Wash. C. C. Rep. 698.
5. - 3. Proceedings in courts of chancery are said not to be, strictly
speaking, records; but they are so considered. Gresley on Ev. 101.
6. - 4. The legislatures of the several states have made the enrollment
of certain deeds and other documents necessary in order to perpetuate the
memory of the facts they contain, and declared that the copies thus made should
have the effect of records.
7. By the constitution of the United States, art. 4. s. 1, it is
declared that "full faith and credit shll be given, in each state, to the
public acts, records and judicial proceedings of every other state; and the
congress may, by general laws, prescribe the manner in which such acts, records
and proceedings shall be proved, and the effect thereof." In pursuance of this
power, congress have passed several acts directing the manner of authenticating
public records, which will be found under the article Authentication.
8. Numerous decisions have been made under these acts, some of which are
here referred to. 7 Cranch, 471; 3 Wheat. 234; 4 Cowen, 292; 1 N. H. Rep. 242;
1 Ohio Reports, 264; 2 Verm. R. 263; 5 John. R. 37; 4 Conn. R. 380; 9 Mass 462;
10 Serg. & Rawle, 240; 1 Hall's N. York Rep. 155; 4 Dall. 412; 5 Serg.
& Rawle, 523; 1 Pet. S. C. Rep. 352. Vide, generally, 18 Vin. Ab. 17; 1
Phil. Ev. 288; Bac. Ab. Amendment, &c., H; 1 Kent, Com. 260; Archb. Civ.
Pl. 395; Gresley on Ev. 99; Stark. Ev. Index, h. t.; Dane's Ab. Index, h. t.;
Co. Litt. 260; 10 Pick. R. 72; Bouv. Inst. Index, h. t.
TO RECORD, the act of making a record.
2. Sometimes questions arise as to when the act of recording is
complete, as in the following case. A deed of real estate was acknowledged
before the register of deeds and handed to him to be recorded, and at the same
instant a creditor of the grantor attached the real estate; in this case it was
held the act of recording was incomplete without a certificate of the
acknowledgment, and wanting that, the attaching creditor had the preference. 10
Pick. Rep. 72.
3. The fact of an instrument being recorded is held to operate as a
constructive notice upon all subsequent purchasers of any estate, legal or
equitable, in the same property. 1 John. Ch. R. 394.
4. But all conveyances and deeds which may be de facto recorded, are not
to be considered as giving notice; in order to have this effect the instruments
must be such as are authorized to be recorded, and the registry must have been
made in compliance with the law, otherwise the registry is to be treated as a
mere nullity, and it will not affect a subsequent purchaser or encumbrancer
unless he has such actual notice as would amount to a fraud. 2 Sell. & Lef.
68; 1 Sch. & Lef. 157; 4 Wheat. R. 466; 1 Binn. R. 40; 1 John. Ch. R. 300;
1 Story, Eq. Jur. §403, 404; 5 Greenl. 272.
RECORD OF NISI PRIUS, Eng. law. A transcript from the issue
roll; it contains a copy of the pleadings and issue. Steph. Pl. 105.
RECORDARI FACIAS LOQUELAM, English practice. A writ commanding
the sheriff, that he cause the plaint to be recorded which is in his county,
without writ, between the parties there named, of the cattle, goods, and
chattels of the complainant taken and unjustly distrained as it is said, and
that he have the said record before the court on a day therein named, and that
he prefix the same day to the parties, that then they may be there ready to
proceed in the same plaint, 2 Sell. Pr. 166. See Refalo.
RECORDATUR. An order or allowance that the verdict returned on
the nisi prius roll, be recorded. Bac. Ab. Arbitr. &c., D.
RECORDER. 1. A judicial officer of some cities, possessing
generally the powers and authority of a judge. 3 Yeates' R. 300; 4 Dall. Rep.
299; but see 1 Rep. Const. Ct. 45. Anciently, recorder signified to recite or
testify on re-collection as occasion might require what had previously passed
in court, and this was the duty of the judges, thence called recordeurs. Steph.
Plead. note 11. 2. An officer appointed to make record or onrolment of deeds
and other legal instruments, authorized by law to be recorded.
TO RECOUPE. This word is derived from the French recouper, to
cut again. In law it signifies the right and the act of making a set-off,
defalcation, or discount, by the defendant, to the claim of the plaintiff. 21
Wend. It. 342. In another sense it signifies to recompense. 19 Ves. 123.
RECOVERER. The demandant in a common recovery, after judgment
has been given in his favor, assumes the name of recoverer.
RECOVERY. A recovery, in its most extensive sense, is the
restoration of a former right, by the solemn judgment of a Court of justice. 3
2. A recovery is either true or actual, or it is feigned or common. A
true recovery, usually known by the name of recovery simply, is the procuring a
former right by the judgment of a court of competent jurisdiction; as, for
example, when judgment is given in favor of the plaintiff when he seeks to
recover a thing or a right.
3. A common recovery is a judgment obtained in a fictitious suit,
brought against the tenant of the freehold, in consequence of a default made by
the person who is last vouched to warranty in such suit. Bac. Tracts, 148.
4. Common recoveries are considered as mere forms of conveyance or
common assurances; although a common recovery is a fictitious suit, yet the
same mode of proceeding must be pursued, and all the forms strictly adhered to,
which are necessary to be observed in an adversary suit. The first thing
therefore necessary to be done in suffering a common recovery is, that the
person who is to be the demandant, and to whom the lands are to be adjudged,
would sue out a writ or praecipe against the tenant of the freehold; whence
such tenant is usually called the tenant to the praecipe. In obedience to this
writ the tenant appears in court either in person or by his attorney; but,
instead of defending the title to the land himself, he calls on some other
person, who upon the original purchase is supposed to have warranted the title,
and prays that the person may be called in to defend the title which he
warranted, or otherwise to give the tenant lands of equal value to those he
shall lose by the defect of his warranty. This is called the voucher vocatia,
or calling to warranty. The person thus called to warrant, who is usually
called the vouchee, appears in court, is impleaded, and enters into the
warranty by which means he takes upon himself the defence of the land. The
defendant desires leave of the court to imparl, or confer with the vouchee in
private, which is granted of course. Soon after the demand and returns into
court, but the vouchee disappears or makes default, in consequence of which it
is presumed by the court, that he has no title to the lands demanded in the
writ, and therefore cannot defend them; whereupon judgment is given for the
demandant, now called the recoverer, to recover the lands in question against
the tenant, and for the tenant to recover against the vouchee, lands of equal
value in recom-pense for those so warranted by him, and now lost by his
default. This is called the recompense of recovery in value; but as it is,
customary for the crier of the court to act, who is hence called the common
vouchee, the tenant can only have a nominal, and not a real recompense, for the
land thus recovered against him by the demandant. A writ of habere facias is
then sued out, directed to the sheriff of the county in which the lands thus
recovered are situated; and, on the execution and return of the writ, the
recovery is completed. The recovery here described is with single voucher; but
a recovery may, and is frequently suffered with double, treble, or further
voucher, as the exigency of the case may require, in which case there are
several judgments against the several vouchees.
5. Common recoveries were invented by the ecclesiastics in order to
evade the statute of mortmain by which they were prohibited from purchasing or
re-ceiving under the pretence of a free gift, any land or tenements whatever.
They have been used in some states for the purpose of breaking the entail of
estates. Vide, generally, Cruise, Digest, tit. 36; 2 Saund. 42, n. 7; 4 Kent,
Com. 487; Pigot on Common Recoveries, passim.
6. All the learning in relation to common recoveries is nearly obsolete,
as they are out of use. Rey, a French writer, in hiswork, Des Institutions
Judicaire del'Angleterre, tom. ii. p. 221, points out what appears to him the
absurdity of a common recovery. As to common recoveries, see 9 S. & R .
330; 3 S. & R. 435; 1 Yeates, 244; 4 Yeates, 413; 1 Whart. 139, 151; 2
Rawle, 168; 2 Halst. 47; 5 Mass. 438; 6 Mass. 328; 8 Mass. 34; 3 Harr. &
John. 292; 6 P. S. R. 45,
RECREANT. A Coward; a poltroon. 3 Bl. Com. 340.
RECRIMINATION, crim. law. An accusation made by a person accused
against his accuser, either of having committed the same offence, or
2. In general recrimination does not excuse the person accused, nor
diminish his punishment, because the guilt of another can never excuse him. But
in applications for divorce on the ground of adultery, if the party defendant,
can prove that the plaintiff or complainant has been guilty of the same
offence, the divorce will not be granted. 1 Hagg. C. Rep. 144; S. C. 4 Eccl.
Rep. 360. The laws of Pennsylvania contain a provision to the same effect. Vide
1 Hagg. Eccl. R. 790; 3 Hagg. Eccl. R. 77; 1 Hagg. Cons. R . 147; 2 Hagg. Cons.
R. 297; Shelf. on Mar. and Div. 440; Dig. 24, 3, 39; Dig. 48, 5, 13, 5; 1
Addams, R. 411; Compensation; Condonation; Divorce,
RECRUIT. A newly made soldier.
RECTO. Right. (q.v.) Brevederecto, writ of right. (q. v.)
RECTOR, Eccl. law. One who rules or governs a name given to
certain officers of the Roman church. Dict. Canonique, h. v.
RECTORY, Engl. law. Corporeal real property, consisting of a
church, glebe lands and tithes. 1 Chit. Pr. 163.
RECTUS IN CURIA. Right in court. One who stands at the bar, and
no one objects any offence, or prefers any charge against him.
2. When a person outlawed has reversed his outlawry, so that he can have
the benefit of the law, he is said to be rectus in curia. Jacob, L. D. h.
RECUPERATORES, Roman civil law. A species of judges originally
established, it is supposed, to decide controversies between Roman citizens and
strangers, concerning the right to the possession of property requiring speedy
remedy; but gradually extended to questions which might be brought before
ordinary judges. After this enlargement of their powers, the difference between
them and judges, it is supposed, was simply this: If the praetor named three
judges he called them recuperatores; if one, he called him judex. But opinions
on this subject are very various. (Colman De Romano judicio recuperatorio,)
Cicero's oration pro Coecin, 1, 3, was addressed to Recuperators.
RECUSANTS, or POPISH RECUSANTS, Engl. law. Persons who refuse to
make the declarations against popery, and such as promote, encourage, or
profess the popish religion.
2. These are by law liable to restraints, forfeitures and
inconveniences, which are imposed upon them by various acts of parliament.
Happily in this country no religious sect has the ascendency, and all persons
are free to profess what religion they conscientiously believe to be the right
RECUSATION, civ. law. A plea or exception by which the defendant
requires that the judge having jurisdiction of the cause, should abstain from
deciding upon the ground of interest, or for a legal objection to his
2. A recusation is not a plea to the jurisdiction of the court, but
simply to the person of the judge. It may, however, extend to all the judges,
as when the party has a suit against the whole court. Poth. Proced. Civ. 1ere
part., ch. 2, s. 5. It is a personal challenge of the judge for cause.
3. It is a maxim of every good system of law, that a man shall not be
judge in his own cause. 2 L. R. 390; 6 L. R. 134 Ayl. Parerg. 451; Dict. de
Jur. h. t.; Merl. Repert. h. t.; vide Jacob's Intr. to the Com. Civ. and Can.
L. 11; 8 Co. 118 Dyer, 65. Dall. Diet. h. t.
4. By recusation is also understood the challenge of jurors. Code of
Practice of Louis. art. 499, 500. Recusation is also an act, of what nature
soever it may be, by which a strange heir, by deeds or words, declares he will
not be heir. Dig. 29, 2, 95. See, generally, 1 Hopk. Ch. R. 1; 5 Mart. Lo. R.
292; and Challenge.
REDDENDO SINGULA SINGULIS, construction. By rendering each his
own; for example, when two descriptions of property are given together in one
mass, both the next of kin and the heir cannot take, unless in cases where a
construction can be made reddendo singula singulis, that the next of kin shall
take the personal estate aud the heir at law the real estate. 14 Ves. 490. Vide
11 East,, 513, n.; Bac. Ab. Conditions, L.
REDDENDUM, contracts. A word used substantively, and is that
clause in a deed by which the grantor reserves something new to himself out of
that which he granted before, and thus usually follows the tenendum, and is
generally in these words "yielding and paying."
2. In every good reddendum or reservation, these things must concur;
namely, 1. It must be apt words. 2, It must be of some other thing issuing or
coming out of the thing granted, and not a part of the thing itself, nor of
something issuing out of another thing. 3. It must be of such thing on which
the grantor may resort to distrain 4. It must be made to one of the grantors
and not to a stranger to the deed. Vid 2 Bl. Com. 299; Co. Litt. 47; Touchs 80;
Cruise, Dig. tit. 32, c. 24, s. 1; Dane' Ab. Index, h. t.
REDEMPTION, contracts. The act of taking back by the seller from
the buyer a thing which had been sold subject to th right of repurchase.
2. The right of redemption then is an agreement by which the seller
reserves to himself the power of taking back the thing sold by returning the
price paid for it. As to the fund out of which a mortgaged estate is to be
redeemed, see Payment. Vide Equity of redemption.
REDEMPTIONES. Heavy fines, contradistinguished from
misericordia. (q. v.)
REDHIBITION, civil law, and in Louisiana. The avoidance of a
sale on account of some vice or defect in the thing sold, which renders it
absolutely useless, or its use so inconvenient and imperfect, that it must be
supposed that the buyer would not have purchased it, had he known of the vice.
Civ. Code of Lo. 2496. Redhibition is also the name of an action which the
purchaser of a defective movable thing may bring to cause the sale to be
annulled, and to recover the price he has paid for it. Vide Dig. 21, 1.
2. The rule of caveat emptor, (q. v.) in the common law, places a
purchaser in a different position from his situation under the like
circumstances under the civil law; unless there is an express warranty, he can
seldom annul a sale or recover damages on account of a defect in the thing
sold. Chitty, Contr. 133, et seq.; Sugd. Vend. 222 2 Kent, Com. 374; Co. Litt.
102, a; 2 B1. Com. 452; Bac. Ab. Action on the case, E; 2 Com. Cont. 263.
REDIDIT SE, Eng. practice. He surrendered himself. This is
endorsed on the bail piece when a certificate has been made by the proper
officer that the defendant is in custody. Pr. Reg. 64; Com. Dig. Bail Q 4.
REDITUS ALBI. A rent payable in money; sometimes called white
rent or, blanche farm. Vide Alba firma.
REDITUS NIGRI. A rent payable in grain, work, and the like; It
was also called black mail. This name was given to it to distinguish it from
reditus albi, which was payable in money. Vide Alba firma.
RE-DRAFT, comm. law. A bill of exchange drawn at the place where
another bill was made payable, and where it was protested, upon the place where
the first bill was drawn, or when there is no regular commercial intercourse
rendering that practicable, then in the next best or most direct practicable
course. 1 Bell's Com. 406, 5th ed. Vide Reexchange.
REDRESS. The act of receiving satisfaction for an injury
sustained. For the mode of obtaining redress, vide Remedies 1 Chit. Pr. Annal.
REDUBBERS, crim law. Those who bought stolen cloth, and dyed it
of another color to prevent its being identified, were anciently so called. 3
REDUNDANCY. Matter introduced in an answer, or pleading, which
is foreign to the bill or articles.
2. In the case of Dysart v. Dysart, 3 Curt. Ecc. R. 543, in giving the
judgment of the court, Dr. Lushigton says: "It may not, perhaps, be easy to
define the meaning of this term [redundant]in a short sentence, but the true
meaning I take to be this: the respondent is not to insert in his answer any
matter foreign to the articles he is called upon to answer, although such
matter may be admissible in a plea; but he may, in his answer, plead matter by
way of explanation pertinent to the articles, even if such matter shall be
solely in his own knowledge and to such extent incapable of proof; or he may
state matter which can be substantiated by witnesses; but in this latter
instance, if such matter be introduced into the answer and not afterwards put
in the plea or proved, the court will give no weight or credence to such part
of the answer."
3. A material distinction is to be observed between redundancy in the
allegation and redundancy in the proof. In the former case, a variance between
the allegation and the proof will be fatal if the redundant allegations are
descriptive of that which is essential. But in the latter case, redundancy
cannot vitiate, because more is proved than is alleged, unless the matter
superfluously proved goes to contradict some essential part of the allegation.
1 Greenl. Ev. §67; 1 Stark. Ev. 401.
RE-ENTRY, estates. The resuming or retaking possession of land
which the-party lately had.
2. Ground rent deeds and leases frequently contain a clause authorizing
the landlord to reenter on the non-payment of rent, or the breach of some
covenant, when the estate is forfeited. Story, Eq. Jur. §1315; 1 Fonb. Eq.
B. 1, c. 6, §4, note h. Forfeitures for the non-payment of rent being the
most common, will here alone be considered. When such a forfeiture has taken
place, the lessor or his assigns have a right to repossess themselves of the
3. Great niceties must be observed in making such reentry. Unless they
have been dispensed with by the agreement of the parties, several things are
required by law to be previously done by the landlord or reversioner to entitle
him to reenter. 3 Call, 424; 8 Watts, 51; 9 Watts, 258; 18 John. 450; 4 N. H.
Rep. 254; 13 Wend. 524; 6 Halst. 270; 2 N. H. Rep. 164; 1 Saund. 287, n.
4. - 1. There must be a demand of rent. Com. Dig. Rent, D 3 a 18 Vin.
Ab. 482; Bac. Ab. Rent, H.
5. - 2. The demand must be of the precise rent due, for the demand of a
penny more or less will avoid the entry. Com. Dig. Rent, D 5. If a part of the
rent be paid, a reentry may be made for the part unpaid. Bac. Ab. Conditions, O
4; Co. Litt. 203; Cro. Jac. 511.
6. - 3. It must be made precisely on the day when the rent is due and
payable by the lease, to save the forfeiture. 7 T. R. 117. As where the lease
contains a proviso that if the rent shall be behind and unpaid, for the space
of thirty, or any other number of days, it must be made on the thirtieth or
last day. Com. Dig. Rent, D 7; Bac. Abr. Rent, I.
7. - 4. It must be made a convenient time before sunset, that the money
may be counted and a receipt given, while there is light enough reasonably to
do so therefore proof of a demand in the afternoon of the last day, without
showing in what part of the afternoon it was made, and that it was towards
sunset or late in the afternoon, is not sufficient. Jackson v. Harrison, 17
Johns. 66; Com. Dig. Rent, D 7; Bac. Abr. Rent, I.
8. - 5. It must be made upon the land, and at the most notorious place
of it. 6 Bac. Abr. 31; 2 Roll. Abr. 428; see 16 Johns. 222. Therefore, if there
be a dwelling-house upon the laud, the demand must be made at the front door,
though it is not necessary to enter the house, notwithstanding the door be
open; if woodland be the subject of the lease, a demand ought to be made at the
gate, or some highway leading through the woods as the most notorious. Co.
Litt. 202; Com. Dig. Rent, D. 6.
9. - 6. Unless a place is appointed where the rent is payable, in which
case a demand must be made at such place; Com. Dig. Rent, D. 6; for the
presumption is the tenant was there to pay it. Bac. Abr. Rent, I.
10. - 7. A demand of the rent must be made in fact, although there
should be no person on the land ready to pay it. Bac. Ab. Rent, I.
11. - 8. If after these requisites have been performed by the lessor or
reversioner, the tenant neglects or refuses to pay the rent, and no sufficient
distress can be found on the premises, then the lessor or reversioner is to
reenter. 6 Serg. & Rawle, 151; 8 Watts, R. 51; 1 Saund. 287, n. 16. He
should then openly declare before the witnesses he may have provided for the
purpose, that for the want of a sufficient distress, and because of the
non-payment of the rent demanded, mentioning the amount, he reenters and
re-possesses himself of the premises.
12. A tender of the rent by the tenant to the lessor, made on the last
day, either on or off the premises, will save the forfeiture.
13. It follows as a necessary inference from what has been premised,
that a demand made before or after the last day which the lessee has to pay the
rent, in order to prevent the forfeiture, or off the land, will not be
sufficient to defeat the estate. 7 T. R. 11 7.
14. The forfeiture may be waived by the lessor, in the case of a lease
for years, by his acceptance of rent, accruing since the forfeiture, provided
he knew of the cause. 3 Rep. 64.
15. A reentry cannot be made for nonpayment of rent if there is any
distrainable property on the premises, which may be taken in satisfaction of
the rent, and every part of the premises must be searched. 2 Phil. Ev. 180.
16. The entry may be made by the lessor or reversioner himself, or by
attorney; Cro. Eliz. 601; 7 T. R. 117; the entry of one joint tenant or tenant
in common, enures to the benefit of the whole. Hob 120.
17. After the entry has been made, evidence of it ought to be
18. Courts of chancery will generally make the lessor account to the
lessee for the profits of the estate, during the time of his being in
possession; and will compel him, after he has satisfied the rent in arrear, and
the costs attending his entry, and detention of the lands, to give up the
possession to the lessee, and to pay him the surplus profits of the estate. 1
Co. Litt. 203 a, n. 3; 1 Lev. 170; T.. Raym. 135, 158; 3 Cruise, 299, 300. See
also 6 Binn. 420; 18 Ves. 60; Bac. Ab. Rent, K; 3 Call, 491; 18 Ves. 58 2
Story, Eq. Jur. §1315; 4 Bing. R. 178; 33 En . C. L. It. 312 , 1 How. S.
C. R. 211
REEVE. The name of an ancient English officer of justice,
inferior in rank to an alderman.
2. He was a ministerial officer, appointed to execute process, keep the
king's peace, and put the laws in execution. He witnessed all contracts and
bargains; brought offenders to justice, and delivered them to punishment; took
bail for such as were to appear at the county court, and presided at the court
or folcmote. He was also called gerefa.
3. There were several kinds of reeves as the shire-gerefa, shire-reeve
or sheriff; the heh-gerefa, or high-sheriff, tithing-reeve, burgh or
RE-EXAMINATION. A second examination of a thing. A witness maybe
reexamined, in a trial at law, in the discretion of the court, and this is
seldom refused. In equity, it is a general rule that there can be no
reexamination of a witness, after he has once signed his name to the
deposition, and turned his back upon the commissioner or examiner; the reason
of this is that he may be tam-pered with or induced to retract or qualify what
he has sworn to. 1 Meriv. 130.
RE-EXCHANGE, contracts, commerce. The expense incurred by a
bill's being dishonored in a foreign country where it is made payable, and
returned to that country in which it was made or indorsed, and there taken up;
the amount of this depends upon the course of exchange between the two
countries, through which the bill has been negotiated. In other words,
reexchange is the difference between the draft and redraft.
2. The drawer of a bill is liable for the whole amount of reexchange
occasioned by the circuitous mode of returning the bill through the various
countries in which it has been negotiated, as much as for that occasioned by a
direct return. Maxw. L. D. ii. t.; 5 Com. Dig. 150.
3. In some states, legislative enactments have been made which regulate
damages on reexchange. These damages are different in the several states, and
this want of uniformity, if it does not create injustice, must be admitted to
be a serious evil. 2 Amer. Jur. 79. See Chit. on Bills. (ed. of 1836,) 666. See
Damages on Bills of Exchange.
REFALO. A word composed of the three initial syllables re. fa.
lo., for recordari facias loquelam. (q. v.) 2 Sell. Pr 160; 8 Dowl. R. 514.
REFECTION, civil law. Reparation, reestablishment of a building.
Dig. 19, 1, 6, 1.
REFEREE. A person to whom has been referred a matter in dispute,
in order that he may settle it. His judgment is called an award. Vide
REFERENCE, contracts. An agreement to submit to certain
arbitrators, matters in dispute between two or more parties, for their
decision, and judgment. The persons to whom such matters are referred are
sometimes called referees.
REFERENCE, mercantile law. A direction or request by a party who
asks a credit to the person from whom he expects it, to call on some other
person named in order to ascertain the character or mercantile standing of the
REFERENCE, practice. The act of sending any matter by a court of
chancery or one exercising equitable powers, to a master or other officer, in
order that he may ascertain facts and report to the court. By reference is also
understood that part of an instrument of writing where it points to another for
the matters therein contained. For the effect of such reference, see 1 Pick. R.
27; 17 Mass. R. 443; 15 Pick. R. 66; 7 Halst. R. 25; 14 Wend. R. 619; 10 Conn.
R. 422; 4 Greenl. R. 14, 471; 3 Greenl. R. 393; 6 Pick. R. 460; the thing
referred to is also called a reference.
REFERENDUM, international law. When an amhassador receives
propositions touching an object over which he has no sufficient power and he is
without instruction, he accepts it ad referendum, that is, under the condition
that it shall be acted upon by his government, to which it is referred. The
note addressed in that case to his government to submit the question to its
consideration is called a referendum.
REFORM. To reorganize; to rearrange as, the jury "shall be
reformed by putting to and taking out of the persons so impanneled." Stat. 3 H.
VIII. c. 12; Bac. Ab. Juries, A.
2. To reform an instrument in equity, is to make a decree that a deed or
other agreement shall be made or construed as it was originally intended by the
parties, when an error or mistake as to a fact has been committed. A contract
has been reformed, although the party applying to the court was in the legal
profession, and he himself drew the contract, it appearing clear that it was
framed so as to admit of a construction inconsistent with the true agreement of
the parties. 1 Sim. & Stu. 210; 3 Russ. R. 424. But a contract will not be
reformed in consequence of an error of law. 1 Russ. & M. 418; 1 Chit. Pr.
REFORMATION, criminal law. The act of bringing back a criminal
to such a sense of justice, so that he may live in society without any
detriment to it.
2. The object of the criminal law ought to be to reform the criminal,
while it protects society by his punishment. One of the best attempts at
reformation is the plan of solitary confinement in a penitentiary. While the
convict has time to reflect he cannot be injured by evil example or corrupt
TO REFRESH. To reexamine a subject by having a reference to
something connected with it.
2. A witness has a right to examine a memorandum or paper which he made
in relation to certain facts, when the same occurred, in order to refresh his
memory, but the paper or memorandum itself is not evidence. 5 Wend. 301; 12 S.
& R. 328; 6 Pick. 222; 1 A. K. Marsh. 188; 2 Conn. 213. See 1 Rep. Const.
Ct. 336, 373, 423.
TO REFUND. To pay back by the party who has received it, to the
party who has paid it, money which ought not to have been paid.
2. On a deficiency of assets, executors and administrators cum
testamento annexo, are entitled to have refunded to them legacies which they
may have paid, or so much as may be necessary. to pay the debts of the
testator; and in order to insure this, they are generally authorized to require
a refunding bond. Vide 8 Vin. Ab. 418; 18 In Vin. Ab. 273; Bac. Ab. Legacies,
REFUSAL. The act of declining to receive or to do something.
2. A grantee may refuse a title, vide Assent; one appointed executor may
refuse to act as such. la some cases, a neglect to perform a duty which the
party is required by law or his agreement to do, will amount to a refusal.
REGENCY. The authority of the person in monarchical countries
invested with the right of governing the state in the name of the monarch,
during his minority, absence, sickness or other inability.
REGENT. 1. A ruler, a governor. The term is usually applied to
one who governs a regency, or rules in the place of another.
2. In the canon law, it signifies a master or professor of a college.
Dict. du Dr. Call. h. t. 3. It sometimes means simply a ruler, director, or
superintendent; as, in New York, where the board who have the superintendence
of all the colleges, academies and schools, are called the regents of the
University of the state of New York.
REGIAM MAJESTATEM. The name of an ancient law book ascribed to
David I of Scotland. It is, according to Dr. Robertson, a servile copy of
Glanville. Ro- bertson's Hist. of Charles V., vol. 1, note 25, p. 262; Ersk.
Prin. B. 1, t. 1, n. 13.
REGICIDE. The killing of a king, aud, by extension, of a queen.
Theorie des Lois Criminelles, vol. 1, p. 300. REGIDOR. Laws of the Spanish
empire of the Indies. One of a body, never exceeding twelve, who formed a part
of the ayuntamiento or municipal council in every capital of a jurisdiction.
The office of regidor was held for life, that is to say, during the pleasure of
the supreme authority. In most places the office was purchased; in some cities,
however, they were elected by persons of the district, called capitulares. 12
Pet. R. 442, note.
REGIMIENTO. Laws of the Spanish empire of the Indies. The body
of regi- dores who never exceeded twelve, forming a part of the municipal
council or ayuntamiento, in every capital of a jurisdiction. 12 Pet. Rep. 442,
REGISTER, evidence. A book containing a record of facts as they
occur, kept by public authority; a register of births, marriages and
2. Although not originally intended for the purposes of evidence, public
registers are in general admissible to prove the facts to which they
3. In Pennsylvania, the registry of births, &c. made by any
religious society in the state, is evidence by act of assembly, but it must be
proved as at common law. 6 Binn. R. 416. A copy of the register of births and
deaths of the Society of Friends in England, proved before the lord mayor of
London by an ex parte affidavit, was allowed to be given in evidence to prove
the death of a person; 1 Dall. 2; and a copy of a parish register in Barbadoes,
certi-fied to be a true copy by the rector, proved by the oath of a witness,
taken before the deputy secretary of the island and notary public, under his
hand and seal was held admissible to prove pedigree; the handwriting and office
of the secretary being proved. 10 Serg. & Rawle, 383.
4. In North Carolina, a parish register of births, marriages and deaths,
kept pursuant to the statute of that state, is evidence of pedigree. 2
Murphey's R. 47.
5. In Connecticut, a parish register has been received in evidence. 2
Root, R. 99. See 15 John. R. 226. Vide 1 Phil. Ev. 305; 1 Curt. R. 755; 6 Eng.
Eccl. R. 452; Cov. on Conv. Ev. 304.
REGISTER, common law. The certificate of registry granted to the
person or persons entitled thereto, by the collector of the district,
comprehending the port to which any ship or vessel shall belong; more properly,
the registry itself. For the form, requisites, &c. of certificate of
registry, see Act of Con. Dec. 31, 1792; Story's Laws U. S. 269 3 Kent, Com.
4th ed. 141.
REGISTER or REGISTRAR. An officer authorized by law to keep a
record called a register or registry; as the register for the probate of
REGISTER FOR THE PROBATE OF WILLS. An officer in Pennsylvania,
who has gene- rally the same powers that judges of probates and surrogates have
in other states, and the ordinary has in England, in admitting the wills of
deceased persons to probate.
REGISTER OF WRITS. This is a book preserved in the English court
of chancery, in which were entered, from time to time, all forms of writs once
2. It was first printed and published in the reign of Henry VIII. This
book is still in authority, as containing, in general, an accurate transcript
of the forms of all writs as then framed, and as they ought still to be framed
in modern practice.
3. It seems, however, that a variation from the register is not
conclusive against the propriety of a form, if other sufficient authority can
be adduced to prove its correctness. Steph. Pl. 7, 8.
REGISTRARIUS. An ancient name given to a notary. In England this
name is confined to designate the officer of some court, the records or
archives of which are in his custody.
REGISTRUM BREVIUM. The name of an ancient book which was a
collection of writs. See Register of Writs
REGISTRY. A book authorized by law, in which writings are
registered or recorded. Vide To Record; Register.
REGNANT. One having authority as a king; one in the exercise of
REGRATING, crim. law. Every practice or device, by act,
conspiracy, words, or news, to enhance the price of victuals or other
merchandise, is so denomin-ated. 3 Inst. 196; 1 Russ. on Cr. 169.
2. In the Roman law, persons who monopolized grain, and other produce of
the earth, were called dardanarii, and were variously punished. Dig. 47, 11,
REGRESS. Returning; going back opposed to ingress. (q. v.)
REGULAR DEPOSIT. One where the thing deposited must be returned.
It is distinguished from an irregular deposit.
REGULAR AND IRREGULAR PROCESS. Regular process is that which has
been lawfully issued by a court or magistrate, having competent jurisdiction.
Irregular process is that which has been illegally issued.
2. When the process is regular, and the defendant has been damnified, as
in the case of a malicious arrest, his remedy is by an action on the case, and
not trespass: when it is irregular, the remedy is by action of trespass.
3. If the process be wholly illegal or misapplied as to the person
intended to be arrested, without regard to any question of fact, or whether
innocent or guilty, or the existence of any debt, then the party imprisoned may
legally resist the arrest and imprisonment, and may escape, be rescued, or even
break prison; but if the process and imprisonment were in form legal, each of
these acts would be punishable, however innocent the defendant might be, for he
ought to submit to legal process, and obtain his release by due course of law.
1 Chit. Pr. 637; 5 East, R. 304, 308; S. C. 1 Smitt's Rep. 555; 6 T. R. 234;
Foster, C. L. 312; 2 Wils. 47; 1 East, P. C. 310 Hawk. B. 2, c. 19, s. 1,
4. When a party has been arrested on process which has afterwards been
set aside for irregularity, he may bring an action of trespass and recover
damages as well against the attorney who issued it, as the party, though such
process will justify the officer who executed it. 8 Adolph. & Ell. 449; S.
C. 35 E. C. L. R. 433; 15 East, R. 615, note c; 1 Stra. 509; 2 W. Bl. Rep.,
845; 2 Conn. R. 700; 9 Conn. 141; 11 Mass. 500; 6 Greenl. 421; 3 Gill &
John. 377; 1 Bailey, R. 441; 2 Litt. 234; 3 S. & R. 139 12 John. 257 3
Wils. 376; and vide Malicious Prosecution.
REHABILlTATION. The act by which a man is restored to his former
ability, of which he had been deprived by a conviction, sentence or judgment of
a competent tribunal.
REHEARING. A second consideration which the court gives to a
cause, on a second argument.
2. A rehearing takes place principally when the court has doubts on the
subject to be decided; but it cannot be granted by the supreme court after the
cause has been remitted to the court below to carry into effect the decree of
the supreme court. 7 Wheat. 58.
REI INTERVENTUS. When a party is imperfectly bound in an
obligation, he may in general, annul such imperfect obligation; but when he has
permitted the opposite party to act as if his obligation or agreement were
complete, such things have intervened as to deprive him of the right to rescind
such obligation; these circumstances are the rei interventus. Bell's Com. 328,
329, 5th ed.; Burt. Man. P. R. 128.
RE-INSURANCE, mar. contr. An insurance made by a former insurer,
his executors, administrators, or assigns, to protect himself and his estate
from a risk to which they were liable by the first insurance.
2. It differs from a double insurance (q. v.) in this, that in the
latter cases, the insured makes two insurances on the same risk and the same
3. The insurer on a re-insurance is answerable only to the party whom he
has insured, and not to the original insured, who can have no remedy against
him in case of loss, even though the original insurer become insolvent, because
there is no privity of contract between them and the original insured. 3 Kent,
Com. 227; Park. on Ins. c. 15, p. 276; Marsh. Ins. B. 1, c. 4, s. 4
REISSUABLE NOTES. Bank notes, which after having been once paid,
may again be put into circulation, are so called.
2. They cannot properly be called valuable securities, while in the
hands of the maker; but in an indictment, may properly be called goods and
chattels. Ry. & Mood. C. C. 218; vide 5 Mason's R. 537; 2 Russ. on Cr. 147.
And such notes would fall within the description of promissory notes. 2 Leach,
1090, 1093; Russ. & Ry. 232. Vide Bank note; Note; Promissory note.
REJOINDER, pleadings. The name of the defendant's answer to the
2. The general requisites of a rejoinder are, 1. It must be triable. 2.
It must not be double, nor will several rejoinders be allowed to the same
declaration. 3. It must be certain. 4. It must be direct and positive, and not
merely by way of recital or argumentative. 5. it must not be repugnant or
insensible. 6. It must be conformable to, and not depart from the plea. Co.
Litt. 304; 6 Com. Dig. 185 Archb. Civ. Pl. 278; U. S. Dig, Pleading, XIII.
RELAPSE. The condition of one who, after having abandoned a
course of vice, returns to it again. Vide Recidive.
RELATION, civil law. The report which the judges made of the
proceedings in certain suits to the prince were so called.
2. 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. Those
reports 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. The ordinance of the prince thus required was
called a rescript. (q. v.) the use of these relations was abolished by
Justinian, Nov. 125.
RELATION, contracts, construction. When 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. Termes 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, Com. 33. Vide 18 Vin. Ab. 285; 4 Com. Dig. 245; 5 Id. 339;
Litt. S. C. 462-466; 2 John. 510; 4 John. 230; 15 John. 809; 2 Har. & John.
151, and the article Fiction.
RELATIONS, kindred. In its most extensive signification, this
term includes all the kindred of the person spoken of. In a more limited sense,
it signifies those persons who are entitled as next of kin under the statute of
2. A legacy to "relations" generally, or to "relations by blood or
marriage," without enumerating any of them, will, therefore, entitle to a
share, such of the testator's relatives as would be entitled under the statute
of distribution's in the event of intestacy. 1 Madd. Ch. R. 45; 1 Bro. C. C.
33. See the cases referred to under the word Relations, article
3. Relations to either of the parties, even beyond the ninth degree,
have been holden incapable to serve on juries. 3 Chit. Pr. 795, note c. 4.
Relationship or affinity is no objection to a witness, unless in the case of
hushand and wife. See Witness.
RELATOR. A rehearser or teller; one who, by leave of court,
brings an information in the nature of a quo warranto.
2. At common law, strictly speaking, no such person as a relator to an
information is known; he being a creature of the statute 9 Anne, c. 20.
3. In this country, even where no statute similar to that of Anne
prevails, informations are allowed to be filed by private persons desirous to
try their rights, in the name of the attorney general, and these are commonly
called relators; though no judgment for costs can be rendered for or against
them. 2 Dall. 112; 5 Mass. 231; 15 Serg. & Rawle, 127; 3 Serg. & Rawle,
52; Ang. on Corp. 470. In chancery the relator is responsible for costs. 4
Bouv. Inst. n. 4022.
RELATIVE. One connected with another by blood or affinity; a
relation, a kinsman or kinswoman. In an adjective sense, having relation or
connexion with some other person or thing; as relative rights, relative
RELATIVE POWERS. Those which relate to land, so called to
distinguish them from those which are collateral to it.
2. These powers are appendant, as where a tenant for life has a power of
making leases in possession. They are in gross when a person has an estate in
the land, with a power of appointment, the execution of which falls out of the
compass of his estate, but, notwithstanding, is annexed in privity to it, and
takes effect in the appointee out of an interest appointed in the appointer. 2
Bouv. Inst. n. 1930.
RELATIVE RIGHTS. Those to which a person is entitled in
consequence of his relation with others such as the rights of a hushand in
relation to his wife; of a father, as to his children; of a master, as to his
servant; of a guardian, as to his ward. 2. In general, the superior may
maintain an action for an injury committed against his relative rights. See 2
Bouv. Inst. n. 2277 to 2296; 3 Bouv. Inst. n. 3491; 4 Bouv. Inst. n. 3615 to
RELEASE. Releases are of two kinds. 1. Such as give up,
discharge, or abandon a right of action. 2. Such as convey a man's interest or
right to another, who has possession of it, or some estate in the same. Touch.
320; Litt. sec. 444; Nels. Ab. h. t.; Bac. Ab. h. t.; Vin. Ab. h. t.; Rolle's
Ab. h. t.; Com. Dig. h. t.
RELEASE, contracts. A release is the giving or discharging of a
right of action which a man has or may claim against another, or that which is
his. Touch. 320 Bac. Ab. h. t.; Co. Litt. 264 a.
2. This kind of a release is different from that which is used for the
purpose of convoying real estate. Here a mere right is surrendered; in the
other case not only a right is given up, but an interest in the estate is
conveyed, and becomes vested in the release.
3. Releases may be considered, as to their form, their different kinds,
and their effect. §1. The operative words of a release are remise,
release, quitclaim, discharge and acquit; but other words will answer the
purpose. Sid. 265; Cro. Jac. 696; 9 Co. 52; Show. 331.
4. - §2. Releases are either express, or releases in deed; or those
arising by operation of law. An express release is one which is distinctly made
in the deed; a release by operation of law, is one which, though not expressly
made, the law presumes in consequence of some act of, the releasor; for
instance, when, one of several joint obligors is expressly released, the others
are also released by operation of law . 3 Salk. 298. Hob. 10; Id. 66; Noy, 62;
4 Mod. 380; 7 Johns. Rep. 207.
5. A release may also be implied; as, if a creditor voluntarily deliver
to his debtor the bond, note, or other evidence of his claim. And when the
debtor is in possession of such security, it will be presumed that it has been
delivered to him. Poth. Obl. n. 608, 609.
6. - §3. As to their effect, releases 1st, acquit the releasee: and
2dly, enable him to be examined as a witness.
7. - 1st. Littleton says a release of all demands is the best and
strongest release. Sect. 508. Lord Coke, on the contrary, says claims is a
stronger word. Co. Litt. 291 b.
8. In general the words of a release will he restrained by the
particular occasion of giving it. 3 Lev. 273; 1 Show. 151: 2 Mod. 108, n.; 2
Show. 47; T. Raym. 399 3 Mod. 277; Palm. 218; 1 Lev. 235.
9. The reader is referred to the following cases where a construction
has been given to the expressions mentioned. A release of "all actions, suits
and demands," 3 Mod. 277: " all actions, debts, duties, and demands," Ibid. 1
and 64; 3 Mod. 185; 8 Co. 150 b; 2 Saund. 6 a; all demands," 5 Co. 70, b; 2
Mod. 281; 3 Mod 278; 1 Lev. 99; Salk. 578; 2 Rolle's Rep. 12 Mod. 465; 2 Conn.
Rep. 120; "all actions, quarrels, trespasses " Dy. 2171 pl. 2; Cro. Jac. 487; "
all errors, and all actions, suits, and writs of error whatsoever," T. Ray. 3
99 all suits," 8 Co. 150 of covenants," 5 Co. 70 b.
10. - 2d. A release by a witness where he has an interest in the matter
which is the subject of the suit or release by the party on whose side he is
interested, renders him competent. 1 Phil. Ev. 102, and the cases cited in n.
a. Vide 2 Chitt. It. 329; 1 D. & R. 361; Harr. Dig. h. t.; Bouv. Inst.
Index, h. t.
RELEASE, estates. The "conveyance of a man's interest or right,
which he hath unto a thing, to another that hath the possession thereof, or
some estate therein." Touch. 320.
2. The words generally used in such conveyance, are, "remised, released,
and forever quit claimed." Litt. s ec, 445.
3. Releases of land are, in respect of their operation, divided into
four sorts. 1. Releases that enure by way of passing the estate, or mitter
l'estate. (q. v.) 2. Releases that enure by way of passing the right, or mitter
le droit. 3. Releases that enure by enlargement of the estate; and
4. Releases that enure by way of extinguishment. Vide 4 Cruise, 71; Co.
Lit. 264; 3 Marsh. Decis. 185; Gilb. Ten. 82; 2 Sumn. R. 487; 10 Pick. R. 195;
10 John. R. 456; 7 Mass. R. 381; 8 Pick. R. 143; 5 Har. & John. 158; N. H.
Rep. 402; Paige's R. 299.
RELEASEE. A person to whom a release is made.
RELEASOR. He who makes a release.
ELEGATION, civil law. Among the Romans relegation was a
banishment to a certain place, and consequently was an interdiction of all
places except the one designated.
2. It differed from deportation. (q. v.) Relegation and deportation
agree u these particulars: 1. Neither could be in a Roman city or province. 2.
Neither caused the party punished to lose his liberty. Inst. 1,16 , 2; Digest,
48, 22, 4; Code, 9, 47,26.
3. Relegation and deportation differed in this. 1. Because deportation
deprived of the right of citizenship, which was preserved notwithstanding the
relegation. 2. Because deportation was always perpetual, and relegation was
generally for a limited time. 3. Because deportation was always attended with
confiscation of property, although not mentioned in the sentence; while a loss
of property was not a consequence of relegation unless it was perpetual, or
made a part of the sentence. Inst. 1, 12, 1 & 2; Dig. 48, 20, 7, 5; Id. 48,
22, 1 to 7; Code, 9, 47, 8.
RELEVANCY. By this term is understood the evidence which is
applicable to the issue joined; it is relevant when it is applicable to the
issue, and ought to be admitted; it is irrelevant, when it does not apply; and
it ought then to be excluded. 3 Hawks, 122; 4 Litt. Rep. 272; 7 Mart. Lo. R. N.
S. 198. See Greenl. Ev. §49, et seq.; 1 Phil. Ev. 169; 11 S. & R. 134;
7 Wend. R. 359; 1 Rawle, R. 311; 3 Pet. R. 336; 5 Harr. & Johns. 51, 56; 1
Watts. & Serg. 362; 6 Watts. R. 266; 1 S. & R. 298.
RELEVANT EVIDENCE. That which is applicable to the issue and
which ought to be received; the phrase is used in opposition to irrelevant
evidence, which is that which is not so applicable, and which must be rejected.
RELICT. A widow; as A B, relict of C D.
RELICTA VFRIFICATIONE. When a judgment is confessed by cognovit
actionem after plea pleaded, and then the plea is withdrawn, it is called a
confession or cognovit actionem relicta verificatione. He acknowledges the
action having abandoned his plea. See 5 Halst. 332.
RELICTION. An increase of the land by the sudden retreat of the
sea or a river.
2. Relicted lands arising from the sea and in navigable rivers, (q. v.)
generally belong to the state and all relicted lands of unnavigable rivers
generally belong to the proprietor of the estate to which such rivers act as
boundaries. Schultes on Aqu. Rights, 138; Ang. on Tide Wat. 75. But this
reliction must be from the sea in its usual state for if it should inundate the
land and then recede, this would be no reliction. Harg. Tr. 15. Vide Ang. on
Wat. Co. 220. 3. Reliction differs from avulsion, (q. v.) and from alluvion.
RELIEF, Engl. law. A relief was an incident to every feudal
tenure, by way of fine or composition with the lord for taking up the estate
which was lapsed or fallen in by the death of the last tenant. At one time the
amount was arbitrary; but afterwards the relief of a knight's fee became fixed
at one hundred shillings. 2 Bl. Com. 65.
RELIEF, practice. That assistance which a court of chancery will
lend to a party to annul a contract tinctured with fraud, or where there has
been a mistake or accident; courts of equity grant relief to all parties in
cases where they have rights, ex aequo et bono, and modify and fashion that
relief according to circumstances.
RELIGION. Real piety in practice, consisting in the performance
of all known duties to God and our fellow men.
2. There are many actions which cannot be regulated by human laws, and
many duties are imposed by religion calculated to promote the happiness of
society. Besides, there is an infinite number of actions, which though
punishable by society, may be concealed from men, and which the magistrate
cannot punish. In these cases men are restrained by the knowledge that nothing
can be hidden from the eyes of a sovereign intelligent Being; that the soul
never dies, that there is a state of future rewards and punishments; in fact
that the most secret crimes will be punished. True religion then offers succors
to the feeble, consolations to the unfortunate, and fills the wicked with
3. What Montesquieu says of a prince, applies equally to an individual.
"A prince," says he, " who loves religion, is a lion, which yields to the hand
that caresses him, or to the voice which renders him tame. He who fears
religion and bates it, is like a wild beast, which gnaws, the chain which
re-strains it from falling on those within its reach. He who has no religion is
like a terrible animal which feels no liberty except when it devours its vic-
tims or tears them in pieces." Esp. des , Lois, liv. 24, c. 1.
4. But religion can be useful to man only when it is pure. The
constitution of the United States has, therefore, wisely provided that it
should never be united with the state. Art. 6, 3. Vide Christianity; Religious
test; Theo- cracy.
RELIGIOUS TEST. The constitution of the United States, art. 6,
s. 3, de-clares that "no religious test shall ever be required as a
qualification to any office, or public trust under the United States."
2. This clause was introduced for the double purpose of satisfying the
scruples of many respectable persons, who feel an invincible repugnance to any
religious test or affirmation, and to cut off forever every pretence of any
alliance between church and state in the national government. Story on the
RELINQUISHMENT, practice. A forsaking, abandoning, or giving
over a right; for example, a plaintiff may relinquish a bad count in a
declaration, and proceed on the good: a man may relinquish a part of his claim
in order to give a court jurisdiction.
RELOCATION, Scotch law, contracts. To let again to renew a
lease, is called a relocation.
2. When a tenant holds over after the expiration of his lease, with the
consentof his landlord, this will amount to a relocation.
REMAINDER, estates. The remnant of an estate in lands or
tenements expectant on a particular estate, created together with the same, at
one time. Co. Litt. 143 a.
2. Remainders are either vested or contingent. A vested remainder is one
by which a present interest passes to the party. though to be enjoyed in
future; and by which the estate is invariably fixed to remain to a determinate
person, after the particular estate has been spent. Vide 2 Jo ins. R. 288; 1
Yeates, R. 340.
3. A contingent remainder is one which is limited to take effect on an
event or condition, which may never happen or be performed, or which may not
happen or be performed till after the determination of the preceding particular
estate; in which case such remainder never can take effect.
4. According to Mr. Fearne, contingent remainders may properly be
distin-guished into four sorts. 1. Where the remainder depends entirely on a
contin-gent determination of the preceding estate itself. 2. Where the
contingency on which the remainder is to take effect, is independent of the
determination of the preceding estate. 3. Where the condition upon which the
remainder is limited, is certain in event, but the determination of the
particular estate may happen before it. 4. Where the person, to whom the
remainder is limited, is not yet ascertained, or not yet in being. Fearne,
5. The pupillary substitutions of the civil law somewhat resembled
contingent remainders. 1 Brown's Civ. Law, 214, n.; Burr. 1623. Vide,
generally, Viner's Ab. h. t.; Bac. Ab. h. t; Com. Dig. h. t.; 4 Kent, Com. 189;
Yelv. 1, n.; Cruise, Dig. tit. 16; 1 Supp. to Ves. jr. 184; Bouv. Inst. Index,
REMAINDER-MAN. One who is entitled to the remainder of the
estate after a particular estate carved out of it has expired.
TO REMAND. To send back or recommit. When a prisoner is brought
before a judge on a habeas corpus, for the purpose of obtaining his liberty,
the judge hears the case, and either discharges him or not; when there is cause
for his detention, he remands him.
REMANDING A CAUSE, practice. The sending it back to the same
court out ofwhich it came for the purpose of having some action on it there.
March, R. 100.
REMANENT PRO DEFECTU EMPTORUM, practice. The return made by the
sheriff to a writ of execution when he has not been able to sell the property
seized, that the same remains unsold for want of buyers: in that case the
plaintiff is entitled to a venditioni exponas. Com. Dig. Execution, C. 8.
REMANET, practice. The causes which are entered for trial, and
which cannot be tried during tho term, are remanets. Lee's Dict. Trial, vii.; 1
Sell. Pr. 434; 1 Phil. Ev., 4.
REMEDIAL. That which affords a remedy; as, a remedial statute,
or one which is made to supply some defects or abridge some superfluities of
the common law. 1 131. Com. 86. The term remedial statute is also applied to
those acts which give a new remedy. Esp. Pen. Act. 1.
REMEDY. The means employed to enforce a right or redress an
2. The importance of selecting a proper remedy is made strikingly
evident by tho following statement. "Recently a common law barrister, very
eminent for his legal attainments, sound opinions, and great practice, advised
that there was no remedy whatever against a married woman, who, having a
considerable separate estate, had joined with her hushand in a promissory note
for X2500, for a debt of her hushand, because he was of opinion that the
contract of a married woman is absolutely void, and referred to a decision to
that effect, viz. Marshall v. Rutton, 8 T. R. 545, he not knowing, or
forgetting, that in equity, under such circumstances, payment might have been
enforced out of the separate estate. And afterwards, a very eminent equity
counsel, equally erroneously advised, in the same case, that the remedy was
only in equity, although it appeared upon the face of the case, as then stated,
that, after the death of her hushand, the wife had promised to pay, in
consideration of forbearance, and upon which promise she might have been
arrested and sued at law. If the common law counsel had properly advised
proceedings in equity, or if the equity counsel had advised proceedings by
arrest at law, upon the promise, after the death of the hushand, the whole debt
would have been paid. But, upon this latter opinion, a bill in chancery was
filed, and so much time elapsed before decree, that a great part of the
property was dissipated, and the wife escaped with the residue into France, and
the creditor thus wholly lost his debt, which would have been recovered, if the
proper proceedings had been adopted in the first or even second instance. This
is one of the very numerous cases almost daily occurring, illustrative of the
consequences of the want of, at least, a general knowledge of every branch of
3. Remedies may be considered in relation to 1. The enforcement of
contracts. 2. The redress of torts or injuries.
4. - §1. The remedies for the enforcement of contracts are
generally by action. The form of these depend upon the nature of the contract.
They will be briefly considered, each separately.
5. - 1. The breach of parol or simple contracts, whether verbal or
written, express or implied, for the payment of money, or for the performance
or omission of any other act, is remediable by action of assumpsit. (q, v.)
This is the proper remedy, therefore, to recover money lent, paid, and had and
re-ceived to the use of the plaintiff; and in some cases though the money have
been received tortiously or by duress of, the person or goods, it may be
recovered.in this form of action, as, in that case, the law implies a contract.
2 Ld. Raym. 1216; 2 Bl. R. 827; 3 Wils. R. 304; 2 T. R. 144; 3 Johns. R. 183.
This action is also the proper remedy upon wagers, feigned issues, and awards
when the submission is not by deed, and to recover money due on foreign
judgments; 4 T. R. 493; 3 East, R. 221; 11 East, R; 124; and on by-laws. 1 B.
& P. 98.
6. - 2. To recover money due and unpaid upon legal liabilities, Hob.
206; or upon simple contracts either express or implied, whether verbal or
written, and upon contracts under seal or of record, Bull. N. P. 167; Com. Dig.
Debt, A 9; and on statutes by a party grieved, or by a common informer,
whenever the demand is for a sum certain, or is capable of being readily
reduced to a certainty; 7 Mass. R. 202; 3 Mass. R. 309, 310; the remedy is by
action of debt. Vide Debt.
7. - 3. When a covenantee, has sustained damages in consequence of the
non-performance of a promise under seal, whether such promise be contained in a
deed poll, indenture, or whether it be express or implied by law from the terms
of the deed; or whether the damages be liquidated or unliquidated, the proper
remedy is by action of covenant. Vide Covenant.
8. - 4. For the detention of a cliattel, which the party obtained by
virtue of a contract, as a bailment, or by some other lawful means, as by
finding, the. owner, may in general support an action of detinue, (q. v.) and
replevin; (q. v.) or when he has converted the property to his own use, trover
and conversion. (q. v.)
9. - §2 . Remedies for the redress of injuries. These remedies are
either public, by indictment, when the injury to the individual or to Iiis
property affects the public; or private, when the tort is only injurious to the
10. There are three kinds of remedies, namely, 1. The preventive. 2.
That which seeks for a compensation. 3. That which has for its object
11. - 1. The preventive, or removing, or abating remedies, are those
which may be by acts of the party aggrieved, or by the intervention of legal
proceedings; as, in the case of injuries to the. person, or to personal or real
property, defence, resistance, recaption, abatement of nuisance, and surety of
the peace, or injunction in equity and perhaps some others.
12. - 2. Remedies for compensation are those which may he either by the
acts of the party aggrieved, or summarily before justices, or by arb itration,
or action, or suit at law or in equity.
13. - 3. Remedies which have for their object punishments, or
compensation and punishments, are either summary proceedings before
magistrates, or indictment, &c. The party injured in many cases of private
injuries, which are also a public offence, as, batteries and libels, may-have
both remedies, a public indictment for the criminal offence, and a civil action
for the private wrong. When the law gives several remedies, the party entitled
to them may select that best calculated to answer his ends. Vide 2 Atk. 344; 4
Johns. Ch. R. 140; 6 Johns. Ch. Rep. 78; 2 Conn. R. 353; 10 Johns. R. 481; 9
Serg. & Rawle, 302. In felony and some other cases, the private injury is
so far merged in the public crime that no action can be maintained for it, at
least until after the public prosecution shall have been ended. Vide Civil
14. It will be proper to consider, 1. The private remedies, as, they
seek the prevention of offences, compensation for committing them, and the
punishment of their authors. 2. The public remedies, which have for their
object protection and punishment.
15. - 1. Private remedies. When the right invaded and the injury
committed are merely private, no one has a right to interfere or seek a remedy
except the party immediately injured and his professional advisers. But when
the remedy is even nominally public, and prosecuted in the name of the
commonwealth, any one may institute the proccedings, although not privately
injured. 1 Salk. 174; 1 Atk. 221; 8 M. & S. 71.
16. Private remedies are, 1, By the act of the party, or by legal
proceedings to prevent the commission or repetition of an injury, or to remove
it; or, 2. They are to recover compensation for the injury which has been
17. - 1. The preventive and removing remedies are principally of two
descriptions, namely, 1st. Those by the act of the party himself, or of certain
relations or third persons permitted by law to interfere, as with respect to
the person, by self-defence, resistance, escape, rescue, and even prison
breaking, when the imprisonment is clearly illegal; or in case of personal
property, by resistance or recaption; or in case of real property, resistance
or turning a trespasser out of his house or off his land, even with force; 1
Saund. 81, 140, note 4; or by apprehending a wrong-doer, or by reentry and
re-gaining possession, taking care not to commit a forcible entry, or a breach
of the peace; or, in case of nuisances, public or private, by abatement; vide
Abatement of nuisances; or remedies by distress, (q. v.) or by set off or
re-tainer. See, as to remedies by act of the parties, 1 Dane's Ab. c. 2, p.
18. - 2. When the injury is complete or continuing, the remedies to
obtain compensation are either specific or in damages. These are summary before
jus-tices of the peace or others; or formal, either by action or suit in courts
of law or equity, or in the admiralty courts. As an example of summary
proceedings may be mentioned the manner of regaining possession by applying to
magis-trates against forcible entry and detainer, where the statutes authorize
the proceedings. Formal proceedings are instituted when certain rights have
been invaded. If the injury affect a legal right, then the remedy is in general
by action in a court of law; but if an equitable right, or if it can be better
investigated in a court of equity,' then the remedy is by bill. Vide
19. - 2. Public remedies. These may be divided into such as are intended
to prevent crimes, and those where the object is to punish them. 1. The
preven-tive remedies may be exercised without any warrant either by a
constable, (q. v.) or other officer, or even by a private citizen. Persons in
the act of committing a felony or a broach of the peace may arrested by any
one. Vide Arrest. A public nuisance may be abated without any other warrant or
authority than that given by the law. Vide Nuisance. 2. The proceedings
intended as a punishment for offences, are either summary, vide Conviction; or
by indict- ment. (q. v.)
20. Remedies are specific and cumulative; the former are those which can
alone be applied to restore a right or punish a crime; for example, where a
statute makes unlawful what was lawful before, and gives a particular remedy,
that is specific and must be pursued, and no other. Cro. Jac. 644; 1 Salk. 4 5;
2 Burr. 803. But when an offence was antecedently punishable by a common law
proceeding, as by indictment, and a statute prescribes a particular remedy,
there such particular remedy is cumulative, and proceedings may be had at
common law or under the statute. 1 Saund. 134, n. 4. Vide Bac. Ab. Actions in
general, B; Bouv. Inst. Index, h. t.; Actions; Arrest; Civil remedy; Election
REMEMBRANCERS; Eng. 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 benefit of the crown.
REMISE. A French word which literally means a surrendering or
returning a debt or duty.
2. It is frequently used in this sense in releases; as, "remise, release
and forever quit-claim." In the French law the word remise is synonymous with
our word release. Poth. Du Contr. de Change, n. 176; Dalloz, Dict, h. t.; Merl.
Rep. h. t.
REMISSION, civil law. A release.
2. The remission of the debt is either conventional, when it is
expressly granted to the debtor by a creditor having a capacity to alienate; or
tacit, when the creditor voluntarily surrenders to his debtor the original
title under private signature constituting the obligation. Civ. Code of Lo.
3. By remission is also understood a forgiveness or pardon of an
offence. It has the effect of putting back the offender into the same situation
he was before the commission of the offence. Remission is generally granted in
cases where the offence was involuntary, or committed in self defence. Poth.
Pr. Civ. sec t. 7, art. 2, §2.
4. Remission is also used by common lawyers to expresss the act by which
a forfeiture or penalty is forgiven. 10 Wheat. 246.
TO REMIT. To annul a fine or forfeiture.
2. This is generally done by the courts where they have a discretion by
law: as, for example, when a juror is fined for nonattendance in court, after
being duly summoned and, on appearing, he produces evidence to the court that
he was sick and unable to attend, the fine will be remitted by the court.
3. In commercial law, to remit is to send money, bills, or something
which will answer the purpose of money.
REMITTANCE, comm. law. Money sent by one merchant to another,
either in specie, bill of exchange, draft or otherwise.
REMITTEE, contracts. A person to whom a remittance is made.
Story on Bailm. §75.
REMITTER, estates. To be placed back in possession.
2. 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 virtue
of that title, the law remits him to his ancient and more certain right and by
an equitable fiction, supposes him to have gained possession under it. 3 Bl.
Com. 190; 18 Vin. Ab. 431; 7 Com. Dig. 234.
REMITTIT DAMNA. An entry on the record by which the plaintiff
declares that he remits the damages or a part of the damages which have been
awarded him by the jury, is so called.
2. In some cases, a misjoinder of actions may be cured by the entry of a
remittit damna. 1 Chit. Pl. *207.
REMITTOR, contracts. A person who makes a remittance to
REMITTITUR DAMNUM, or DAMNA, practice. The act of the plaintiff
upon the record, whereby he abates or remits the excess of damages found by the
jury beyond the sum laid in the declaration. See 1 Saund. 285, n. 6; 4 Conn.
109; Bouv. Inst. Index, h. t.
REMITTUR OF RECORD. 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 re-trying the cause, when the
judgment has been reversed, or of issuing an execution when it has been
affirmed. The act of so returning the record, and the writ issued for that
purpose, bear the name of remittitur.
REMONSTRANCE. 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.
REMOTE. At a distance; afar off, not immediate. A remote cause
is not in general sufficient to charge a man with the commission of a crime,
nor with being the author of a tort.
2. When a man suffers an injury in consequence of the violation of a
contract, he is in general entitled to damages for the violation of such
contract, but not for remote consequences, unconnected with the contract, to
which he may be subjected; as, for example, if the maker of a promissory note
should not pay it at maturity; the holder will be entitled to damages arising
from the breach of the contract, namely, the principal and interest; but should
the holder, in consequence of the non-payment of such note, be compelled to
stop payment, and lose his credit and his business, the maker will not be
responsible for such losses, on account of the great remoteness of the cause;
so if an agent who is bound to account should neglect to do so, and a similar
failure should take place, the agent would not be responsible for the damages
thus caused. 1 Brock. Cir. C. R. 103; see 3 Pet. 69, 84, 89; 5 Mason's R. 161;
3 Wheat. 560; 1 Story, R. 157; 3 Sumn. R. 27, 270; 2 Sm. & Marsh. 340; 7
Hill, 61. Vide Cause.
REMOVAL FROM OFFICE. The act of a competent officer or of the
legislature which deprives an officer of his office. It may be express, that
is, by a notification that the officer has been removed, or implied, by the
appointment of another person to the same office. Wallace's C. C. R. 118. See
13 Pet. 130; 1 Cranch, 137.
REMOVER. practice. When a suit or cause is removed out of one
court into another, which is effected by writ of error, certiorari, and the
like. 11 Co.41.
REMUNERATION. Reward; recompense; salary. Dig. 17, 1, 7.
RENDER. To yield; to return; to give again; it is the reverse of
RENDEZVOUS. A place appointed for meeting.
2. Among seamen it is usual when vessels sail under convoy, to have a
rend ezvous in case of dispersion by storm, an enemy, or other accident,
3. The place where military men meet and lodge, is also called a
RENEWAL. A change of something old for for something new; as,
the renewal of a note; the renewal of a lease. See Novation, and 1 Bouv. Inst.
TO RENOUNCE. 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 hushand's estate.
2. There are some rights which a person cannot renounce; as, for
example, to plead the act of limitation. Before a person can become a citizen
of the United States he must renounce all titles of nobility. Vide
Naturalization; To Repudiate.
RENT, estates, contracts. A certain profit in money, provisions,
chattels, or labor, issuing out of lands and tenements in retribution for the
use. 2 Bl. Com. 41; 14 Pet. Rep. 526; Gilb., on Rents, 9; Co. Litt. 142 a; Civ.
Code of Lo. art. 2750; Com. on L. & T. 95; 1 Kent, Com. 367; Bradb. on
Distr. 24; Bac. Ab. h. t.; Crabb, R. P. SSSS 149-258.
2. A rent somewhat resembles an annuity, (q. v.) their difference
consists in the fact that the former issues out of lands, and the latter is a
mere personal charge.
3. At common law there were three kinds of rents; namely, rent-service,
rent-charge, and rent-seek. When the tenant held his land by fealty or other
corporeal service, and a certain rent, this was called rent-service; a right of
distress was inseparably incident to this rent.
4. A rent-charge is when the rent is created by deed and the fee
granted; and as there is no fealty annexed to such a grant of rent, the right
of distress is not in incident; and it requires an express power of distress to
be annexed to the grant, which gives it the name of a rent-charge, because the
lands are, by the deed, charged with a distress. Co. Litt. 143 b.
5. Rent-seek, or a dry or barren rent, was rent reserves by deed,
without a clause of distress,and in a case in which the owner of the rent had
no future interest or reversion in the land, he was driven for a remedy to a
writ of annuity or writ of assize.
6. But the statute of 4 Geo. II. c. 28, abolished all distinction in the
several kinds of rent, so far as to give the remedy by distress in cases of
rents-seek, rents of assize, and chief rents, as in the case of rents reserved
upon a lease. In Pennsylvania, a distress is inseparably incident to every
species of rent that may be reduced to a certainty. 2 Rawle's Rep. 13. In New
York, it seems the remedy by distress exists for all kinds of rent. 3 Kent Com.
368. Vide Distress; 18 Viner's Abr. 472; Woodf, L. & T. 184 Gilb. on Rents
Com. Dig. h. t.. Dane's Ab. Index, h. t.
7. As to the time when the rent becomes due, it is proper to observe,
that there is a distinction to be made. It becomes due for the purpose of
making a demand to take advantage of a condition of reentry, or to tender it to
save a forfeiture, at sunset of the day on which it is due: but it is not
actually due till midnight, for any other purpose. An action could not be
supported which had been commenced on the day it became due, although commenced
after sunset; and if the owner of the fee died between sunset and midnight of
that day, the heir and not the executor would be entitled to the rent. 1 Saund.
287; 10 Co. 127 b; 2 Madd. Ch. R. 268; 1 P. Wms. 177; S. C. 1 Salk, 578. See
generally, Bac. Ab. h. t.; Bouv. Inst. Index h. t.; and Distress; Reentry.
RENT-ROLL. A roll of the rents due to a particular person or
public body. See Rental.
RENTAL. 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 as rent roll, from which it is
said to be corrupted.
RENTE. In the French funds this word is nearly synonymous with
our word annuity.
RENTE FONCIERE. This is a technical phrase used in Louisiana. It
is a rent which issues out of land, and it is of its essence that it be
perpetual, for if it be made but for a limited time, it is a lease. It may,
however, be extinguished. Civ. Code of Lo. art. 2750, 2759; Poth. h. t. Vide
RENTE VIAGERE, French law. This term, which is used in
Louisiana, signifies an annuity for life. Civ. Code of Lo. art. 2764; Poth. Du
Contract de Constitution de Rente, n. 215.
RENUNCIATION. The act of giving up a right.
2. It is a rule of law that any one may renounce a right which the law
has established in his favor. To this maxim there are many limitations. A party
may always renounce an acquired right; as, for example, to take lands by
descent; but one cannot always give up a future right, before it has accrued,
nor to the benefit conferred by law, although such advantage may be introduced
only for the benefit of individuals.
3. For example, the power of making a will; the right of annulling a
future contract, on the ground of fraud; and the right of pleading the act of
limitations, cannot be renounced. The first, because the party must be left
free to make a will or not; and the latter two, because the right has not yet
4. This term is usually employed to signify the abdication or giving up
of one's country at the time of choosing another. The act of congress requires
from a foreigner who applies to become naturalized a renunciation of all
allegiance and fidelity to any foreign prince, potentate, state or sovereignty,
whereof such alien may, at the time, be a citizen or subject. See Citizen;
Expatriation; Naturalization; To renounce.
REPAIRS. That work which is done to an estate to keep it in good
2. What a party is bound to do, when the law imposes upon him the duty
to make necessary repairs, does not appear to be very accurately defined.
Natural and unavoidable decay in the buildings must always be allowed for when
there is no express covenant to the contrary; and it seems, the lessee will
satisfy the obligation the law imposes on him, by delivering the premises at
the expiration of his tenancy, in a habitable state. Questions in relation to
repairs most frequently arise between the landlord and tenant.
3. When there is no express agreement between the parties, the tenant is
always required to do the necessary repairs. Woodf. L. & T. 244: Arch. L.
& T. 188. He is therefore bound to put in windows or doors that have been
broken by him, so as to prevent any decay of the premises, but he is not
required to put a new room on an old worn out house. 2 Esp. N. P. C. 590.
4. An express covenant on the part of the lessee to keep a house in
repair, and leave it in as good a plight as it was when the lease was made,
does not bind him to repair the ordinary and natural decay. Woodf. L. & T.
256. And it has been held that such a covenant does not bind him to rebuild a
house which had been destroyed by a public enemy. 1 Dall. 210.
5. As to the time when the repairs are to be made, it would seem
reasonable that when the lessor is bound to make them he should have the right
to enter and make them, when a delay until after the expiration of the lease
would be injurious to the estate: but when no such damage exists, the landlord
should have no right to enter without the consent of the tenant. See 18 Toull.
n. 297. When a house has been destroyed by accidental fire, neither the tenant
nor the landlord is bound to rebuild unless obliged by some agreement so to do.
4 Paige R. 355; 1 T. R. 708; Fonbl. Eq. B. 1, c. 6, s. S. Vide 6 T. R. 650; 4
Camp. R. 275; Harr. Dig. Covenant VII. Vide Com. Rep. 627; 6 T. R. 650; 21
Show. 401; 3. Ves. Jr. 34; Co. Litt., 27 a, note 1; 3 John. R. 44; 6 Mass. R.
63; Platt on Cov. 266; Com. L. & T. 200; Com. Dig. Condition, L 12; Civil
Code of Louis. 2070; 1 Saund. 322, n. 1; Id. 323, n. 7; 2 Saund, 158 b, n. 7
& 10; Bouv. Inst. Index. h. t.
REPARATION. The redress of an injury; amends for a tort
inflicted. Vide Remedy; Redress.
REPARTIONE, FACIENDA, WRIT DE. 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 th; adjoining building,
to compel the reparation of such, joint property. F. N. B. 295.
REPEAL, legislation. The abrogation or destruction of a law by a
2. A repeal is express; as when it is literally declared by a subsequent
law or implied, when the new law contains provisions contrary to or
irreconcilable with those of the former law.
3. A law may be repealed by implication, by an affirmative as well as by
a negative statute, if the substance is inconsistent with the old statute. 1
Ham. 10: 2 Bibb, 96; Harper, 101; 4 W. C. C. R. 691.
4. It is a general rule that when a penal statute punishes an offence by
a certain penalty, and a new statute is passed imposing a greater or a lesser
penalty, for the same offence, the former statute is repealed by implication. 5
Pick. 168; 3 Halst. 48; 1 Stew. 506; 3 A. K. Marsh. 70; 21 Pick. 373. See 1
Binn. 601; Bac. Ab. Statute D 7 Mass. 140.
5. By the common law when a statute repeals another, and afterwards the
repealing statute is itself repealed, the first is revived. 2 Blackf. 32. In
some states this rule has been changed, as in Ohio and Louisiana. Civ. Code
of:Louis. art. 23.
6. When a law is repealed, it leaves all the civil rights of the parties
acquired under the law unaffected. 3. L. R. 337; 4 L. R. 191; 2 South. 689;
Breese, App. 29; 2 Stew. 160.
7. When a penal statute is repealed or so modified as to exempt a class
from its operation, violations committed before the repeal are also exempted,
unless specifically reserved, or unless there have been some private right
divested by it. 2 Dana, 330; 4 Yeates, 392; 1 Stew. 347; 5 Rand. 657; 1 W. C.
C. R. 84; 2 Virg. Cas. 382. Vide Abrogation; 18 Vin. Ab. 118.
REPERTORY. This word is nearly synonymous with inventory, and is
so called because its contents are arranged in such order as to be easily
found. Clef des Lois Rom. h . t.; Merl. Repertoire, h. t.
2. In the French law, this word is used to denote the inventory or
minutes which notaries are required tomake of all contracts which take place
before them. Dict. de Jur. h. t.
REPETITION, construction of wills. A repetition takes place when
the same testator, by the same testamentary instrument, gives to the same
legatee legacies of equal amount and of the same kind; in such case the latter
is considered a repetition of the former, and the legatee is entitled to one
only. For example, a testator gives to a legatee "ô30 a year during his
life;" and in another part of the will he gives to the same legatee "an annuity
of ô3O for his life payable quarterly," he is entitled to only one
annuity of thirty pounds a year. 4 Ves. 79, 90; 1 Bro. C. C. 30, note.
REPETITION, 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 of an action which lies to
recover the payment which has been made by mistake, when nothing was due.
2. Repetition is never admitted in relation to natural obligations which
have been voluntarily acquitted, if the debtor had capacity to give his
consent. 6 Toull. n. 386. The same rule obtains in our law. A person who has
voluntarily acquitted a natural or even a moral obligation, cannot recover back
the money by an action for money had and received, or any other form of action.
D. & R. N. P. C. 254; 2 T. R. 763; 7 T. R. 269; 4 Ad. & Ell. 858; 1 P.
& D. 253; 2 L. R. 431; Cowp. 290; 3 B. & P. 249, note; 2 East, R. 506;
3 Taunt. R. 311; 5 Taunt. R. 36; Yelv. 41, b, note; 3 Pick. R. 207; 13 John.
3. In order to entitle the payer to recover back money paid by mistake
it must have been paid by him to a person to whom he did not owe it, for
otherwise he cannot recover it back, the creditor having in such case the just
right to retain the money. Repetitio nulla est ab eo qui suum recepit.
4. How far money paid under a mistake of law is liable to repetition,
has been discussed by civilians, and opinions on this subject are divided. 2
Poth. Ob. by Evans, 369, 408 to 487; 1 Story, Eq. Pl. §111, note 2.
REPETITION, Scotch law. The act of reading over a witness
deposition, in order that he may adhere to it, or correct it at his choice. The
same as Recolement, (q. v.) in the French law. 2 Benth. on Ev. B. 3, c. 12, p.
REPLEADER, practice. When an immaterial issue has been formed,
the court will order the parties to plead de novo, for the purpose of obtaining
a better issue this is called a repleader.
2. In such case, they must begin to replead at the first fault. If the
declaration, plea and replication be all bad, the parties must begin de novo,
if the plea and replication be both bad and a repleader is awarded, it must be
as to both; but if the declaration and plea be good, and the replication only
bad, the parties replead from the replication only.
3. In order to elucidate this point, it may be proper to give an
instance, where the court awarded a repleader for a fault in the plea, which is
the most ordinary cause of a repleader. An action was brought against hushand
and wife, for a wrong done by the wife alone, before the marriage, and both
pleaded that they were not guilty of the wrong imputed to them, which was held
to be bad, because there was no wrong alleged to have been committed by the
hushand, and therefore a repleader was awarded, and the plea made that the wife
only was not guilty. Cro. Jac. 5. See other instances in: Hob. 113: 5 Taunt.
4. The following rules as to repleaders were laid down in the case of
Staples v. Haydon, 2 Salk. 579. First. That at common law, a repleader was
allowed before trial, because a verdict did not cure an immaterial issue, but
now a repleader ought not to be allowed till after trial, in any case when the
fault of the issue might be helped by the verdict, or by the statute of
jeofails. Second. That if a repleader be allowed where it ought not to be
granted, or vice versa, it is error. Third. That the judgment of repleader is
general, quod partes replacitent, and the parties must begin at the first
fault, which occasioned the immaterial issue. Fourth. No costs are allowed on
either side. Fifth. That a repleader cannot be awarded after a default at nisi
prius; to which may be added, that in general a repleader cannot be awarded
after a demurrer or writ of error, without the consent of the parties, but only
after issue joined; where however, there is a bad bar, and a bad replication,
it is said that a repleader may be awarded upon a demurrer; a repleader will
not be awarded where the court can give judgment on the whole record, and it is
not grantable in favor of the person who made the first fault in pleading. See
Com. Dig. Pleader, R 18; Bac. Abr. Pleas, M; 2 Saund. 319 b, n. 6; 2 Vent. 196;
2 Str. 847; 5 Taunt. 386; 8 Taunt. 413; 2 Saund. 20; 1 Chit. Pl. 632; Steph.
pl. 119; Lawes, Civ. Pl. 175.
5. The difference between a repleader and a judgment non obstante
veredicto, is this; that when a plea is good in form, though not in fact, or in
other words, if it contain a defective title or ground of defence by which it
is apparent to the court, upon the defendant's own showing, that in any way of
putting it, he can have no merits, and the issue joined thereon be found for
him there, as the awarding of a repleader could not mend the case, the court
for the sake of the plaintiff will at once give judgment non obstante
veredicto; but where the defect is not so much in the title as in the manner of
stating it, and the issue joined thereon is immaterial, so that the court know
not for whom to give judgment, whether for the plaintiff or defendant, there
for their own sake they will award a repleader; a judgment, therefore, non
obstante veredicto, is always upon the merits, and never granted but in a very
clear case; a repleader is upon the form and manner of pleading. Tidd's Pr.
813, 814; Com. Dig. Pleader, R 18 Bac. Abr. Pleas, M; 18 Vin. Ab. 567; 2 Saund.
20; Doct. Plac. h. t.; Arch. Civ. Pl. 258; 1 Chit. Pl. 632; U. S. Dig. XII.
REPLEGIARE, To redeem a thing detained or taken by another, by
putting in legal sureties. See Replevin.
REPLEVIN, remedies. The name of an action for the recovery of
goods and chattels.
2. It will be proper to consider, 1. For what property this action will
lie. 2. What interest the plaintiff must have in the same. 3. For what injury.
4. The pleadings. 5. The judgment.
3. - 1. To support replevin, the property affected must be a personal
chattel, and not an injury to the freehold, or to any matter which is annexed
to it; 4 T. R. 504; nor for anything which has been turned into a chattel by
having been separated from it by the defendant, and carried away at one and the
same time; 2 Watts, R. 126; 3 S. & R. 509 6 S. & R. 4761; 10 S. &
R. 114; 6 Greenl. R. 427; nor for writings which concern the realty. 1 Brownl.
4. The chattel also must possess indicia or ear-marks, by which it may
be distinguished from all others of the same description; otherwise the
plaintiff would be demanding of the law what it has not in its power to bestow;
replevin for loose money cannot, therefore, be maintained; but it may be
supported for money tied up in a bag, and taken in that state from the
plaintiff. 2 Mod. R. 61. Vide 1 Dall. 157; 6 Binn. 2; 3 Serg. & Rawle, 562;
2 P. A. Browne's R. 160; Addis. R. 134; 10 Serg. & Rawle, 114; 4 Dall.
Appx. i.; 2 Watt's R. 126; 2 Rawle's R. 423.
5. - 2. The plaintiff, at the time of the caption, must have been
possessed, or, which amounts to the same thing, have had an absolute property
in and be entitled to the possession of the chattel, or it could not have been
taken from him. He must, in other words, have had a general property, or a
special property, as the bailee of the goods. His right to the possession must
also be continued down to the time of judgment pronounced, otherwise he has no
claim to the restoration of the property. Co. Litt. 145, b. It has however,
been doubted whether on a more naked tailment for safe keeping, the bailee can
maintain replevin. 1 John. R. 380; 3 Serg. & Rawle, 20.
6. - 3. This action lies to recover any goods which have been illegally
taken. 7 John R. 140; 5 Mass. R. 283; 14 John. R. 87; 1 Dall. R. 157; 6 Binn.
R. 2; 3 Serg. & Rawle, 562; Addis. R. 134; 1 Mason, 319; 2 Fairf. 28. The
primary object of this action, is to recover back the chattel itself, and
damages for taking and detaining it are consequent on the recovery. 1 W. &
S. 513; 20 Wend. 172; 3 Shepl. 20. When the properly has been restored this
action cannot, therefore, be maintained. But the chattel is considered as
detained, not-withstanding the defendant may have destroyed it before the suit
was commenced; for he cannot take advantage of his own wrong.
7. - 4. This being a local action, the declaration requires certainty in
the description of the place where the distress was taken. 2 Chit: Pl. 411,
412; 10 John. R. 53. But it has been held in Pennsylvania, that the declaration
is sufficient, if the taking is laid to be in the county. 1 P. A. Browne's Rep.
60. The strictness which formerly prevailed on this subject, has been relaxed.
2 Saund. 74, b. When the distress has been taken for rent, the defendant
usually avows or makes cognizance, in order to obtain a return of the goods to
which avowry or cognizance the plaintiff pleads in bar, or the defendant may,
in proper cases, plead non cepit, cepit in alio loco, guilty. 1 Chit. Pl. 490,
8. - 5. As to the judgment, Vide article Judgment in Replevin. Vide,
gen-erally, Bac. Ab. h. t.; 1 Saund. 347, n. 1; 2 Sell. Pr. 153; Doct. Pl. 414;
Com. Dig. h. t.; Dane's Ab. h. t.; Petersd. Ab. h. t.; 18 Vin. Ab. 576; Yelv.
146, a; 1 Chit., Pl. 157; Ham. N. P. ch. 3, p. 372 to 498; Amer. Dig. h. t.;
Harr. Dig. h. t.; Bouv. Inst. Index, h. t. As to the evidence required in
replevin, see Roscoe's Civ. Ev. 353. Vide, also, article Detinuit.
REPLEVY. To re-deliver goods which have been distrained to the
original possessor of them, on his giving pledges in all action of replevin. It
signifies also the bailing or liberating a man from prison, on his finding bail
to answer. See Replevin.
REPLIANT. One who makes a replication.
REPLICATION, pleading. The plaintiff's answer to the defendant's
2. Replications will be considered, 1. With regard to their several
kinds. 2. To their form. 3. To their qualities.
3. - §1. They are to pleas in abatement and to pleas in bar.
4. - 1. When the defendant pleads to the jurisdiction of the court, the
plaintiff may reply, and in this case the replication commences with a
statement that the writ ought not to be quashed, or that the court ought not to
be ousted of their jurisdiction, because &c., and concludes to the country,
if the replication merely deny the subject-matter of the plea. Rast. Entr. 101
Thomps. Entr. 2; Clift's Entr. 17; 1 Chit. Pl. 434. As a general rule, when the
plea is to the misnomer of the plaintiff or defendant, or when the plea
consists of matter of fact which the plaintiff denies, the replication may
begin without any allegation that the writ or bill ought not to be quashed. 1
Bos. & Pull. 61.
5. - 2. The replication is, in general, governed by the plea, and most
frequently denies it. When the plea concludes to the country, the plaintiff
must, in general, reply by adding a similiter; but when the plea concludes with
a verification, the replication must either, 1. Conclude the defendant by
matter of estoppel; or, 2. May deny the truth of the matter alleged in the
plea, either in whole or in part; or, 3. May confess and avoid the plea; or, 4.
In the case of an evasive plea, may new assign the cause of action. For the
several kinds of replication as they relate to the different forms of action,
see 1 Chit. Pl. 551, et seq.; Arch. Civ. Pl. 258.
6. - §2. The form of the replication will be considered with regard
to, 1. The title. 2. The commencement. 3. The body. 4. The conclusion.
7. - 1. The replication is usually entitled in the court and of the term
of which it is pleaded, and the names of the plaintiff and defendant are stated
in the margin, thus "A B against C D." 2 Chit. Pl. 641.
8. - 2. The commencement is that part of the replication which
immediately follows the statement of the title of the court and term, and the
names of the parties. It varies in form when it replies to matter of estoppel
from what it does when it denies, or confesses and avoids the plea; in the
latter case it commences with an allegation technically termed the preclude
non. (q. v.) It generally commences with the words, "And the said plaintiff
saith that the said defendant," &c. 1 Chit. Pl. 573.
9. - 3. The body of the replication ought to contain either. 1. Matter
of estoppel. 2. Denial of the plea. 3. A confession and avoidance of it; or, 4.
In case of an evasive plea, a new assignment. 1st. When the matter of estoppel
does not appear from the anterior pleading, the replication should set it
forth; as, if the matter has been tried upon a particular issue in trespass,
and found by the jury, such finding may be replied as an estoppel. 3 East, R.
346; vide 4 Mass. R. 443. 2d. The second kind of replication is that which
denies or traverses the truth of the plea, either in part or in whole. Vide
Traverse, and 1 Chit. Pl. 576, note a. 3d. The third kind of replication
admits, either in words or in effect, the fact alleged in the plea, and avoids
the effect of it by stating new matter. If, for example, infancy be pleaded,
the plaintiff may reply that the goods were necessaries, or that the
defen-dant, after he came of full age, ratified and confirmed the promise. Vide
Confession and Avoidance. 4th. When the plea is such as merely to evade the
allegation in the declaration, the plaintiff in his replication may reassign
it. Vide New Assignment, and 1 Chit. Pl. 601.
10. - 4. With regard to the conclusion, it is a general rule, that when
the replication denies the whole of the defendant's plea, containing matter of
fact, it should conclude to the country. There are other conclusions in
particular cases, which the reader will find fully stated in 1 Chit. Pl. 615,
et seq.; Com. Dig. Pleader, F 5 vide 1 Saund. 103, n.; 2 Caines' R. 60 2 John.
R. 428; 1 John. R. 516; Arcb. Civ. Pl. 258; 19 Vin. Ab 29; Bac. Ab. Trespass, I
4; Doct. Pl. 428; Beames' Pl. in Eq. 247, 325, 326.
11. - §3. The qualities of a replication are, 1. That it must
answer so much of the defendant's plea as it professes to answer, and that if
it be bad in part, it is bad for the whole. Com. Dig. Pleader, F 4, W 2; 1
Saund. 338; 7 Cranch's Rep. 156. 2. It must not depart from the allegations in
the declaration in any material matter. Vide Departure, and 2 Saund . 84 a,
note 1; Co. Lit. 304 a. See also 3 John. Rep. 367; 10 John. R. 259; 14 John.,
R. 132; 2 Caines' R. 320. 3. It must be certain. Vide Certainty. 4. It must be
single. Vide U. S. Dig. Pleading, XI.; Bouv. Inst. Index, h. t.; Duplicity;
REPORT, legislation. A statement made by a committee to a
legislative assembly, of facts of which they were charged to inquire.
REPORT, practice. A certificate to the court made by a master in
chancery, commissioner or other person appointed by the court, of the facts or
matters to be ascertained by him, or of something of which it is his duty to
inform the court.
2. If the parties in the case accede to the report, find no exceptions
are filed, it is in due time confirmed; if exceptions are filed to the report,
they will, agreeably to the rules of the court, be heard, and the report will
either be confirmed, set aside, or referred. back for the correction of some
error. 2 Madd. Ch. 505; Blake's Ch. Pr. 230; Vin. Ab. h. t.
REPORTER. A person employed in making out and publishing the
history of cases decided by the court.
2. The act of congress of August 26, 1842, sect., 2, enacts, that in the
supreme court of the United States, one reporter shall be appointed by the
court with the salary of twelve hundred and fifty dollars; provided that he
deliver to the secretary of state for distribution, one hundred and fifty
copies of each volume of reports that he shall hereafter prepare and publish,
immediately after the publication thereof, which publication shall be made
annually within four months after the adjournment of the court at which the
decisions are made.
3. In some of the states the reporters are appointed by authority of
law; in others, they are volunteers.
REPORTS. Law books, containing a statement of the facts and law
of each case which has been decided by the courts; they are generally the most
certain proof of the judicial decisions of the courts, and contain the most
satisfactory evidence, and the most authoritative and precise application of
the rules of the common law. Lit. s. 514; Co. Lit. 293 a; 4 Co. Pref.; 1 Bl.
Com. 71 Ram. on Judgm. ch. 13.
2. The number of reports has increased to an inconvenient extent, and
should they multiply in the same ratio which of late they have done, they will
so soon crowd our libraries as to become a serious evil. The indiscriminate
re-port of cases of every description is deserving of censure. Cases where
first principles are declared to be the law, are reported with as much care as
those where the most abstruse questions are decided. But this is not all;
sometimes two reporters, with the true spirit of book-making, report the same
set of cases, and thereby not only unnecessarily increase the lawyer's already
encumbered library, but create confusion by the discrepancies which
occasionally appear in the report of the same case.
3. The modern reports are too often very diffuse and inaccurate. They
seem too frequently made up for the purpose of profit and sale, much of the
matter they contain being either useless or a mere repetition, while they are
deficient in stating what is really important.
4. A report ought to contain, 1. The name of the case. 2. The court in
which it originated; and, when it has been taken to another by appeal,
certiorari, or writ of error, it ought to mention by whom it was so taken, and
by what proceeding. 3. The state of the facts, including the pleadings, as far
as requisite. 4. The true point before the court. 5. The manner in which that
point has been determined, and by whom. 6. The date.
5. The following is believed to be a correct list of the American and
English Reports; the former arranged under the heads of the respective states;
and the latter in chronological order. It is hoped this list will be useful to
UNITED STATES.1. Supreme Court.
Dallas' Reports. From August term, 1790, to August term, 1800. 4 vols.
Cranch's Reports. From 1800 to February term, 1815. 9 vols. Wheaton's Reports.
From February term, 181 to January term, 1827, inclusive. 12 vols.
Peters' Reports. 16 vols. Peters' Condensed Reports of Supreme Court of
the United States. These volumes contain condensed reports of all the cases in
second, third, and fourth Dallas, the nine volumes of Cranch, and the twelve
volumes of Wheaton.
Howard's Reports. From 1843 to 1852. 11 vols.
2. Circuit Courts - First Circuit
Gallison's Reports. From 1812 to 1815, inclusive. 2 vols.
Mason's Reports. From 1816 to 1830, inclusive. 5 vols.
Sumner's Reports. From 1830 t. 1837. 2 vol.
Story's Reports. From 1839 to l845. 3 vols.
Woodbury and Minot's Reports. From 1845 to 1847. 2 vols.
Paine's Reports. From 1810 to 1826. 1 vol.
Dallas' Reports. The second, third and fourth volumes contain cases decided in
this court. From Washington's C. C. Reports. From 1803 to 1827. 4 vols.
Peters' C. C. Reports. From 1803 to 1818. 1 vol.
Baldwin's Reports. From Oct. term, 1829, to April term 1833 inclusive. 1 vol.
Wallace's Reports. Include the cases of May Sessions, 1801. 1 vol.
Wallace, Jr's. Reports. 1 vol.
Marshall's Decisions. From 1802 to 1832, published since the death of
Chief Justice Marshall, from his manuscripts, by John M. Brockenbrough. 2
McLean's Reports. From 182 9 to 1845. 3 vols,
3. District Courts - Distnct of New York.
Van Ness' Reports. I vol. District of Pennsylvania
Peters' Admiralty Decisions. From 1792 to 1807. 2 vols.
Eastern District of Pennsylvania
Gilpin's Reports. From Nov. term, 1828, to Feb. term, 1836, inclusive.
District of South Carolina
Bee's Admiralty Reports. From 1792 to 1805. 1 vol.
District of Maine.
Reports of cases argued and determined in the District Court of the
United States, for the District of Maine, from 1822 to 1839. 1 vol. Cited
Alabama Reports. By Henry Minor. From 1820 to 1826. 1 vol.
Stewart's Reports. From 1827 to 1831. 3 vols.
Stewart & Porter's Reports. From 1831 to 1833. 5 vols.
Porter's Reports. From 1834 to 1839. 9 vols.
Alabama Reports. From 1840 to 1849. 14 vols.
Pike's Reports. From 1837 to 1842. 5 vols.
Kirby's Reports,. From 1785 to 1788. 1 vol.
Root's Reports. From 1799 to 1798. 2 vols.
Day's Reports, From 1802 to 1813. 5 vols.
Connecticut Reports. By Thomas Day. From June, 1814 to 1847. 18 vols.
Harrington's Reports. From 1832 to 1847. 4 vols.
Florida Reports. From 1846 to 1847. 2 vols.
T. U. P. Chariton's Reports. A Cases decided previous to 1810. 1 vol.
Dudley's Reports. From 1831 to 1833. 1 vol.
R. M. Charlton's Reports. From 1811 to 1837. 1 vol.
Kelly's Reports, 3 vols.
Georgia Reports. From 1846 to 1849. 6 vols.
Breese's Reports. From 1819 to 1830. 1 vol.
Scammond's Reports. From 1832 to 1843. 4 vols.
Gilman's Reports. From 1844 to 1847. 4 vols.
Blackford's Reports. From May, 1817, to May, 1838, inclusive, 7
Green's Reports. 1 vol.
Hughes' Reports. From 1785 to 1801. 1 vol.
Kentucky Decisions. From 1801 to 1806. 1 vol.
Hardin's Reports. Fr@m 1805 to 1806. 1 vol.
Bibb's Reports. From 1808 to 1817. 4 vols.
A. K. Marshall's Reports. From 1817 to 1821 3 vols.
Littells Reports. From 1822 to 1824. 6 vols.
Littells Select Cases. From 1795 to 1821. 1 vol.
Munro's Reports. From 1824 to 1828. 7 vols
J. S. Marshall's Reports. From 1829 to 1832 7 vols.
Dana's Reports. From 1833 to 1840. 9 vols.
B. Monroe's Reports. From 1840 to 1848. 8 vols.
Orleans Term Reports. By Martin. From 1809 to 1812. 2 vols in 1.
Louisiana Term Reports. By Martin, From 1812 to 1823. 10 vols. Martin's
Reports, N. S. (sometimes cited simply New Series,) 1823 to 1830. 8 vols. The
whole of Martin's Reports amount to twenty volumes; the first twelve, namely,
the Orleans and the Louisiana Term Reports, are cited as Martin's Reports; from
the twelfth, they are sometimes cited as first, second, &c., Martin's New
Series, and sometimes simply New Series. Louisiana Reports. 19 vols. The first
five volumes, from 1830 to August term, 1834, and the first part of the sixth
volume, are the work of Branch W. Miller. The remainder were reported by Mr.
Currey, and are continued to June term, 1839. The whole of the 19 volumes are
cited Louisiana Reports. Robinson's Reports. From 1841 to 1843. 12 vols.
By a resolve of the legislature, passed in 1836, each volume subsequent
to the third volume of Fairfield's Reports, shall be entitled and lettered upon
the back thereof, "Maine Reports;" and the first volume subsequent to the third
volume of Fairfield's shall be numbered the thirteenth Volume of Maine Reports.
Maine Reports. 26 vols. These reports consist of Greenleaf's Reports. From 1820
to 1832. The first 9 vols.
Fairfield's Reports. From 1833 to 1835. The 10th, 11th, and 12th vols.
Shepley's Reports. From 1836 to 18401. The 13th to 18th vols., inclusive. 6
Appleton's Reports. The 19th vol. 2 vols.
Appleton, part of vol. 20.
Shepley's Reports, part of vol. 20 and vol. 21 to 28, inclusive. From 1841 to
1846. 8 vols.
Harris & McHenry's Reports. From 1709 to 1799. 4 vols. Sometimes cited
Harris & Johnson. From 1800 to 1826. 7 vols.
Harris & Gill. From 1826 to 1829. 2 vols.
Gill & Johnson. From 1829 to 1840. 12 vols.
Bland's Chancery Reports. From 1811 to 1832. 3 vols.
Gill's Reports. From 1813 to 1849. 5 vols.
Massachusetts Reports. The first volume is reported by Ephraim
Williams. His reports commenced with September term, 1804, in Berkshire, and
terminate with June term, 1805, in Hancock. The 16 volumes from the second to
the seventeenth, inclusive, are reported by Dudley Alkins Tyng, and embrace
from March term, 1806, in Suffolk, to March term, 1822, in Suffolk. The reports
of Williams and Tyng are cited Massachusetts Reparts. Pickering's Reports. From
1832 to March 1840. 24 vols. Metcalf's Reports. From 1840 to 1848. 1 vols.
Harrington's Reports. 1 vol.
Walker's Chancery Cases. From 1842 to 1845. 1 vol.
Douglass' Reports. From 1843 to 1847. 2 vols.
Walker's Reports. From 1818 to 1832. 1 vol.
Howard's Reports. From 1834 to 1843. 7 vols.
Smedes & Marshall's Reports. From 1843 to 1849. 12 vols.
Freeman's Chancery Reports. From 1839 to 1843. 1 vol.
Smedes & Marshall's Chancery Reports. From 1840 to 1843. 1 vol.
Missouri Reports. From 1821 to 1846. 9 vols.
New Hampshire Reports. From 1816 to 1842. 13 vols.
Nathaniel Adams reported cases from 1816 to 1819, which makes the first
volume of N. H. Rep. Levi Woodbury and William Richardson reported the
cases from 1819, to 1823; and William Richardson from 1823 to 1832, making
the third fourth and fifth volumes of N. H. Rep. They are continued under
the direction of the supreme court, and already make thirteen volumes.
Coxes' Reports. From 1790 to 1795. 1 vol.
Pennington's Reports. From 1806 to 1813. 2 vols.
Southard's Reports. From 1816 to 1820. 2 vols.
Halstead's Reports. From 1821 to 1831. 7 vols.
Green's Reports. From 183@ to 1836. 3 vols.
Harrison's Reports. From 1837 to 1842. 4 vols.
Sexton's Chancery Reports. From 1830 to 1832. 1 vol.
Green's Chancery Reports, 1838 to 1846. 3 vols.
Spencer's Reports. From 1842 to 1845. 1 vol.
Halsted's Chancery Reports. From 1845 to 1846. 1 vol.
Coleman & Caine's Cases. From 1794 to 1805. 1 vol.
Caine's Reports. From 180,3 to 1805. 3 vols.
Caine's Cases. For 1804 and 1805. 2 vols.
Anthon's Nisi Prias Cases. From 1808 to 1818. 1 vol.
Roger's New York City Hall Recorder. From 1816 to 1821. 6 vols.
Wheeler's Criminal Cases. 3 vols.
Hall's Reports. For 1828 and 1829. 2 vols.
Hoffman's Vice Chancery Reports. From 1839 to 1840. 1 vol.
Edwards' Vice Chancery Reports. From 1831 to 1842. 3 vols.
Clarke's Vice Chancery Reports. From 1839 to 1841., 1 vol.
Johnson's Cases. From 1799 to 1803. 3 vols.
Johnson's Repoets. From 1806 to 1823. 20 vols.
Cowen's Reports. From 1823 to 1828. 9 vols,
Wendell's Reporti. From 1828 to 1841. 26 vols.
Hill's Reports from 1841 to 1845. 7 vols.
John ns &a cery Reparts. From 1814 to 1823. 7 vols.
Howard's Practice Reports. For 1844 and 1845. 3 vols.
Denio's Reports. From 1845 to 1847. 5 vols.
Hopkin's Chancery Reports. From 1823 to 1826. 1 vol.
Paige's Chancery Reports. From 1828 to 1845. 11 vols.
Sandford's Vice Chancery Reports. From 1843 to 1846. 3 vols.
Barbour's Chancery Reports. From 1845 to 1849. 3 vols.
Barbour's Superior Court. For 1847 and 1848. 4 vols.
Sandford's Superior Court. For 1847 and 1848. 1 vol.
Lockwood's Reversed Cases. From 1799 to 1847. 1 vol.
Comstock's Supreme Court. For 1847 and 1848. 1 vol.
Martin's Reports. 1 vol.
Heywood's Reports. From 1789 to 1806. 2 vols.
Taylor's Reports. From 1789 to 1802. 1 vol.
North Carolina Term Reports, (sometimes bound and lettered are cited as the
third Law Repository.) It is a second volume of Reports by John Louis
Taylor; it contains cases from 1816 to 1818. 1 vol.
Conference Reports. By Cameron & Norwood. From 1800 to 1804. 1 vol.
Murphy's Reports. From 1804 to 1819. 3 vols.
Carolina Law Repository. From 1813 to 1816. 2 vols.
Hawks' Reports. From 1820 to 1826. 4 vols.
Ruin's Reports, (bound with Hawks' Reports.)
Devereux's Reports. From 1826 to 1834. 4 vols.
Devereux's Equity Reports. From 1826 to 1834. 2 vols.
Devereux & Battle's Reports. From 1834 to 1840. 4 vols.
Deveretlx & Battle's Equity Reports. From 1834 to 1840. 2 vols.
Iredell's Reports, Law. From 1840 to 1849. 9 vols.
Iredell's Reports, Chancery. From 1840 to 1848, 5 vols.
Ohio Reports. 15 vols.
These reports are composed of Hammond's Reports. From 1821 to 1839. 9 vols.
Wright's Reports. From 1831 to 1834. 1 vol.
Wilcox's Reports. From 1840 to 1841. 1 vol.
Stanton's Reports. From 1841 to 1843. 3 vols.
Griswold's Reports. From 1844 to 1846. 2 vols.
Dallas' Reports. From 1754 to 1806. 4 vols. Vide Supra.
Yeates' Reports. From 1791 to 1808. 4 vols.
Binney's Reports. From 1799 to 1814. 6 vols
Sergeant & Rawle's Reports. From 1818 to 1829. 17 vols
Rawle's Reports. trom 1828 to 1835. 5 vols.
Wharton's Reports. From 1835 to 1841. 6 vols.
Pennsylvania Reports, reported by William Rawle, Charles B. Penrose, and
Frederick Watts. From 1829 to 1832. 3 vols.
Watts' Reports. From 1832 to 1840. 10 vols.
Watts & Sergeant's Reports. 9 vols.
Browne's Reports. From 1806 to 1814. 2 vols.
Miles' Reports. For 1835 and 1841. 2 vols.
Addison's Reports. From 1791 to 1799. 1 vol.
Ashmead's Reports. From 1808 to 1841. 2 vols.
Pennsylvania State Reports. By Robert M.
Barr. From 1844 to 1849. 10 vols. 1849 to 1850. 2 vol. By J. Pringle Jones.
1830 to 1852. 4 vols. By Geo. W. Harris.
Bay's Reports. From 1783 to 1804. 2 vols.
Dessaussure's Equity Reports. From the Revolution to 1813. 4 vols.
Brevard's Reports. From 1793 to 1816. 3 vols.
South Carolina Reports. From 1812 to 1816. 2 vols.
Nott & M'Cord's Reports. From 1817 to 1820. 2 vols.
Mills' Constitutional Reports, N. S. For 1817 and 1818. 2 vols.
Harper's Reports. For 1823 and 1824. 1 vol.
Harper's Equity Reports. For 1824. 1 vol.
M'Cord's Reports. From 1820 to 1829. 4 vols.
M'Cord's Chancery Reports. From 1825 to 1827. 2 vols.
Bailey's Reports. From 1828 to 1832. 2 vols.
Bailey's Cbancery. From 1830 to 1831. 1 vol.
Hill's Reports. From 1833 to 1837. 3 vols.
Hill's Chancery Reports. For 1838. 2 vols.
Riley's Chancery Cases. From 1836 to 1887. 1 vol
Riley's Law Cases. From 1836 to 1837. 1 vol.
Dudley's Law Reports. From 1837 to 1838 1 vol.
Dudley's Equity Reports. From 1837 to 1838 1 vol.
Rice's Reports. Frlom 1838 to 1839. 1 vol.
Rice's Chancery Reports. From 1838 to 1839. 1 vol.
Cheves' Reports. From 1839 to 1840. 2 vols.
McMullan's Chancery. From 1840 to 1842. 1 vol.
McMullen's Law. FTOM 1835 to 1842. 2 vols.
Spear's Equity. From 1842 to 1844. 1 vol.
Spear's Law. For 1843. 2 vols.
Richardson's Law Reports. From 1844 to 1847. 3 vols.
Richardson's Equity Reports. From 1844 to 1846. 2 vols.
Strobhart's Law Reports. From 1846 to 1848. 3 vols.
Strobhart's Equity Reports. From 1846 to 1848. 2 vols.
Statutes at Large, For 1838. 9 vols.
Tennessee Reports. From 179i to 1815. 2 vols. These cases were reported by
John Overton. They are cited Tenn. Rep. Cooke's Reports. From 1811 to 1814.
Heywood's Reports. From 1816 to 1818. 3 vols. These volumes are numbered
three, four, and five, in a series with Judge Heywood's North
Carolina Reports, volumes one and two.
Peck's Reports. From 1822 to 1824. 1 vol.
Martin & Yerger's Reports. From 1825 to 1828. 1 vol.
Yerger's Reports. From 1832 to 1837. 10 vols.
Meigs' Reports. From 1838 to 1839. 1 vol.
Humphrey's Reports. From 1839 to 1846. 8 vols.
N. Chipman's Reports. From 1789 to 1791. 1 vol.
Tyler's Reports. From 1801 to 1803. 2 vols
Brayton's Reports. From 1815 to 1819. 1 vol.
D. Chipman's Reports. Containing Select Cases from N. Chipman's Reports,
and cages down to 1825. 2 vols.
Aiken's Reports. For 1826 and 1827. 2 vols.
Vermont Reports. From 1826 to 1846. 18 vols. These reports are composed of
Judges Reports, the first 9 vols.
Shaw's Reports. The 10th and part of the 11th vol.
Watson's Reports. Part of 11th, the whole of 12th, 13th, and 14th vols.
Slade's Reports. The 15th vol.
Washburne's Reports. The 16th, 17th, and 18th vols.
Wythe's Chancery Reports. From 1790 to 1795. 1 vol.
Washington's Reports. From 1790 to 1796. 2 vols.
Call's Reports. From 1790 to 1818. 6 vols.
Henning and Mumford's Reports. From 1806 to 1809. 4 vols.
Mumford's Reports. From 1810 to 1820. 6 vols. I
Gilmer's Reports, (sometimes cited Virginia Reports.) During 1820 and 1821.
Randolph's Reports. From 1821 to 1828. 6 vols.
Leigh's Reports. From 1829 to 1841. 12 vols.
Jefferson's Reports. From 1730 to 1772. 1 vol.
Virginia cases. From 1789 to 1826. 2 vols.
The first of these volumes is by Judges Brockenbrough and Holmes, and
contains cases decided from 1789 to 1814; the second volume is by Judge
Brockenbrough, and contains cases decided from 1815 to 1826.
Robinson's Reports. From 1842 to 1844. 2 vols.
Grattan's Reports. From 1844 to 1848. 5 vols.
Burritt's Reports. 1 Vol.
ENGLISH AND IRISH REPORTS.
6. The following is a chronological list of English and Irirh
contemporary Reports, alphabetically arranged under each reign.
Henry III. Oct. 19, 1216. Nov. 16, 1272.
Jenkins, Ex., 4, 19, 21.
Edward I. Nov. 16, 1272. July 7, 1307. Jenkins, Ex., 18, 34. Keilwey,
K. B. and C. P., 6. Year Book, K. B., C. P. and Exchequer, part 1.
Edward II. July 7, 1307. Jan. 25, 1327. Jenkins, Ex., 5, 15, 18. Year
Book, K. B., C. P;, and Ex., part I.
Edward III. Jan. 25, 1327., June 21, 1377. Benloe, K. B. and C. P., 32.
Jenkins, Ex., I to 47. Keilwey, K. B. and C. P. 1 to 47. Year Book' K. B. and
C. P., part 2-1 to 10. Year Book: K. B. and C. P., P.,t 3-17, 18, 21 to 28, 38,
89. Year Book, K. B. and C. P., part 4-40 to 50. Year Book, part 5, Liber
Assisarum, 1 to 51.
Richard II. June 21, 1377. Sept. 29, 1399. Bellewe, K. B. and C. P., 1
to 22. Jenkins, Ex., I to 22.
Henry IV. Sept. 29, 1399. Mar. 20, 1413. Jenkins, Ex., 1 to 14. Year
Book, K. B. and C. P., part 6, 1 to 14.
Henry V. Mar. 20, 1413. Aug. 31, 1422. Jenkins, Ex., 1 to 10. Year
Book, K. B. and C. P., part 6 - 1, 2, 5, 7 to 10.
Henry VI. Aug. 31, 1422. Mar. 4, 1461. Benloe, K. B. and C. P., 2, 18.
Jenkins, Ex., I to 39. Year Book, K. B. and C. P., parts 7 and 8 - 4, 7 to 12,
14, 18 to 22, 27, 28, 30 to 39.
Edward IV. Mar. 4, 1461. April 9, 1483. Jenkins, Ex., 1 to 21. Year
Book, K. B. and C. P., part 9 - 1 to 22. Year Book, K. B., C. P., and Ex., part
Edward V. April 9, 1483. June 22, 1483. Jenkins, Ex. Year Book, X. B.
and C. P., part 11.
Richard III. June 22, 1483., Aug. 22, 1485. Jenkins, Ex., 1, 2. 1 Year
Book, K. B. and C. P., part 11 - 1, 2.
Henry VII. Aug. 22, 1485. April 22, 1509. Benloe, K. B. and C. P. 1.
Jenkins, Ex., 1 to 21. Keilwey, K. B. and C. P.; 12, 13, 17 to 24. Moore, K. B.
and C. P., Ex. and Chan., 1 to 2 Year Book, K. B, and C. P., part 11 - 1 to 16,
20 to 24.
Henry VIII. April 22, 1509. Jan. 28, 1547. Anderson, C. P., 25,
&c.;Benloe, C. P., 1 to 38. Benloe, (New), K. B., C. P., and Ex., 22,
&c;Benloe, Keilwey and Ashe, K. B., C. P and Ex. Brooke's New Cases, K. B.,
C. P., and Exchequer. Dalison, C. P., 38. Dyer, K. B., C. P., Ex. and Chan. 4,
&c.;Jenkins, Ex., 1 to 38. Keilwey, K. B. and C. P., 1 to 11, and 21.
Moore, K. B., C. P., Ex. and Chan., 3. Year Book, K. B., and C. P., part 11-13,
14, 18, 19, 26, 27, 29 to 38.
Edward VI. Jan, 28, 1547. July 6, 1553. Anderson, C. P., 1 to 6. Benloe
and Dalison, C. P., 2, Brooke's New Cases, K. B., C. P. and Ex. Benloe (New),
K. B., C. P. and Ex. 1 to 6. Dyer, K. B., C. P.; Ex. and Chan. 1 to 6. Jenkins,
Ex., 1 to 6. Moore, K. B., C. P., Ex. and Chan., 1 to 6. Plowden, K. B., C. P.
and Exchequer, 4 to 6.
Mary. - July 6, 1553. Nov. 17, 1558. Anderson, C. P., 1 to 6. Benloe
and Dalison, C P., 1 to 5. Benloe in Keilwey and Ashe, K. B., C. P. a Ex., 1 to
5. Benloe (New), K. B., C. P. and Ex., 1 to 5. Booke's New Cases, K. B., C. P.,
and Ex., 1 to 5. Cary, Chan., 5. Dyer, K. B., C. P., Ex. and Chan., 1 to 5.
Dalison, in Keilwey and Ashe, C. P., 1, 4, 5. Jenkins, Ex., 1 to 5. Leonard, K.
B., C. P., and Ex., 1 to 5. Owen, K. B. and C. P., 4, 5. Plowden, K. B., C. P.
and Ex., I to 5.
Elizabeth. Nov. 17, 1558. Mar. 24, 1603. Anderson, C. P., 1 to 45.
Benloe in Keilwey and Ashe, K. B., C. P., and Ex., 2 to 20. Benloe, K. B., C.
P., and Ex., 1 to 17. Benloe, C. P., 1 to 21. Brownlow and Goldeshorough, C.
P., 11 to 45. Cary, Chan., 1 to 45. Coke, K. B , C. P., Ex. and Chan., 14 to
45. Croke, K. B., and C. P., 24 to 45. Dalison, C. P., 1 to 16. Dalison in
Keilwey and Ashe, C. P., 2 to 7. Dickens, Chan., a few cases. Dyer, K. B. and
C. P., 1 to 23. Godbolt, K. B., &c., 17 to 45. Goldeshorough, K. B.,
&c., 28 to 31, 39 to 43. Hobart, K. B., &c., a few cases. Hutton, C.
P., 26 to 38. Jenkins, Ex., I to 45. Leonard, K. B., C. P. and Ex., 1 to 45.
Moore, K. B., C. P., Ex. and Chan. 1 to 45. Noy. K. B. and C. P., 1 to 45.
Owen, K. B. and C. P., I to 45. Plowden, K. B., C. P. and Ex. Popham, K. B., C.
P. and Chan., 34, 9 Savill e, C. P. and Ex., 22 to 36. Tothill, Chan., 1 to 45.
YelveKton, K. B. 44, 45.
James I. Mar. 24, 1603. Mar. 27, 1625. Anderson, C. P., 1. Benloe, K.
B., C. P., and Ex., 19 to 23. Bridgman, C. P , 12 to 19. Brownlow and
Goldeshorough, C. P., 1 to 23. Bulstrode, K. B., 7 to 15. Cary, Chan. 1. Coke,
K. B., C. P, Ex. and Chan., 1 to 13. Croke, K. B. and C. P. 1, 23. Davis, K.
B., C. P. and Ex., 2 to 9. Glanville, election before committee of H. C., 21,
22. Godbolt, K. B., &c., 1 to 23. Hobert, K. B., &c., 1 to 23. Hutton,
C. P., 10 to 23. Jenkins, Ex., 1 to 21. Jones (W.) K. B. and C. P., 18 to 33.
Lane, Ex., 3 to 9. Leonard, K. B., C. P. and Ex., 1 to 12. Ley, K. B., C. P.,
Ex. and Court of Wards, 6 to 23. Moore, K. B., C. P., Ex. and Chan., 1 to 18.
Noy, K. B. and C. P. 1 to 23. Owen, K. B. and C. P., 1 to 12. Palmer, K. B., 17
to 23. Popham, K. B., C. P., and Chan., 15 to 23. Reports in Chancery, 13.
Rolle, K. B., 12 to22. Tothill, Chan., 1 to 23. Winch, C. P., 19 to 23.
Yelverton, K. B., 1 to 10.
Charles I. - Mar. 27, 1625. Jan. 30, 1649. Aleyn, K. B., 22 to 24.
Benloe, K. B., C. P. and Ex., 1 to 3. Bulstrode, K. B., 1 to 14. Clayton, Pleas
of As. York, 7 to 24. Croke, K. B. and C. P., 1 to 16 Godbolt, K. B., &c.,
1 to 13. Hetley, C. P., 3 to 7. Hutton, C. P.. 1 to 14. Jones, (W.) K. B. and
C. P., 1 to 16. Latch, K. B., 1 to 3. Ley, K. B., C. P., Ex. and Court of
Wards, 1 to 4. Littleton, C. P. and Ex., 2 to 7. March, K. B. and C. P., 15 to
18. Nelson, Chan., 1 to 24. Noy, K. B. and C. P., 1 to 24. Palmer, K. B. and C.
P., 1 to 4. Popham, K.,B., C. P. and Chan., 1, 2. Reports in Chancery, 1 to 24.
Style, K. B., 21 to 24. Tothill, Chan., I to 21.
Charles II. May 29, 1660. Feb. 6, 1685. Bridgman, C. P., 1 to 8.
Carter, C. P., 16 to 27. Cases in Chancery, part 1-12 to 30. Cases in Chancery,
part 2-26 to 37. Most of these cases in 2 C. C. are grossly misreported, said
per Lord Loughborough,* 1 H. Bl. 332 Cayton, Pleas of As. York, 1, 2. Dickens,
Chan., a few cases. Finch, Chan., 25 to 32. Freeman, K. B., C. P., Ex. and
Chan., 22 to 37. Hardres, Ex., 7 to 21. Jones (Tho.) K. B. and C. P., 19 to 37
Krebi K. B., 13 to 30. Kelyng (Sir J.) Crown Cades and in K. B., 14 to 20.
Levinz, X. B. and C. P., 12 to 37 Lutwyche, C. P., 34 to 37. Modern, K. B., C.
P., Ex. and Chan., vols. 1, 2 - 1 to 29. Modern, K. B., C. P., Ex. and Cban.,
vol. 2 - 26 to 30. Modern, K. C., C. P., Ex. and Chan., vol. 3 - 34 to 37.
Nelson, Chan., 1 to 37. Parker, Ex., 30. Pollexfen, K. B., C. P. and Chan., 22
to 37. Raymond, (T.) K. B., C. P. and Ex., 12 to 35. Reports in Chancery, 1 to
37. Saunders, k. B., 18 to 24. Select Cases in Chancery, 33. Shower, K. B., 30
to 37. Siderlin, K. Ii., C. P. and Ex., 9 to 22. Skinner, K. B., 33 to 37.
Style, K. B., I to 7. Vaughan, C. P., 17 to 25. Ventris, K. B., C. P., Ex. and
Chan., 20 to 37. Vernon, Chan., 32 to 37,
James II. Feb. 6, 1685. Feb. 13, 1689. Carthew, K. B., 2 to 4. N Cases
in Chancery, part 2 - 1 to 3. Cases of Settlement, K. B., 2 to 4. Comberbach,
K. B., 1 to 4. Comberbach is said, by Lord Thurlow, to be bad authority. 1 Bro.
C. C. 97. Freeman, K. B., C. P., Ex. lind Chan., 1 to 4. Levinz, K. B. and C.
P., 1, 2. Lutwyche, C. P. 1 to 4. N Modern, K B., C. P. and Chan. vol. 3 - 1 to
4. Parker, Ex., 3, 4. Reports in Chancery, 1 to 3. Shower, K. B., 1 to 4.
Skinner, K. B., 1 to 4. Ventris, K. B., C. P., Ex. and Chan., 1 to 4. Vernon,
Ch., 1 to 4.
William III. & Mary. Feb. 13, 1682. Mar. 8, 1702. Carthew, K. B., 1
to 12. Cases concerning Settlements, X. B., 1 to 14. Colles, Parliamentary
Cases, 9 to 14. Comberbach, K. B., 1 to 10. Comyns, K. B., C. P., Ex. Chan. and
before the Delegates, 7 to 14. Fortescue, K: B., C. P., Ex. and Chan., 7 to 14.
Freeman, K B., C. P., I Ex. and Chan., 1 to 14. Kelyng, (Sir J.) Crown Canes,
and in K. B., 8 to 13. Levinz, K. B. and C. P., 1 to 18. Lutwyche, C. P., I to
14. Modern, K. B,., C. P., Ex. and Chan., vol. 3 - 1, 2. Modern, K. B., C. P.,
Fx- and Chan., vol. 4 - 3 to 7. Modern, K. B., C. P., Ex- and Chan., vol. 5 - 5
to 11. Modern, K. B., C. 'P., Ex. and Chan., vol. 12 - 2 to 14. Parker, Ex., 4
to 13. Peere Williams, Chan. and K. B., 7 to 14. Precedents in Chancery, 1 to
4. Raymond, (Lord) K. B. and C. P., 4 to 14. Reports in Chancery, vol. 2-5.
Reports temp. Holt, K. B., C. P.,Ex. and Chan., 1 to 14. Salkeld, K. B., C. P.,
Ex. and Chair., 1 to 14. Select Cases in Chancery, 5,,9. Shower, K. B., 1 to 6.
Skinner, K. B , I to 9. Ventris, K. B., C. P., Ex. and Chan., 1, 2. Vernon,
Chan., 1 to 14.
Anne. Mar. 8, 1702. dug. 1, 1714, Brown's Parliamentary Cases, 1 to
1.3. Banbury, Ex., 12, 13. Cases concerning Settlements, K. B., 1 to 13. Cases
on Practice, C. P., 5 to 13. Colles, Parliamentary Cases, 1 to 8. Comyns, K.
B., C. P., Ex. Chanc. and before the Delegates, 1 to 13. Dickens, Chan., a few
cases. Fortesque, K. B., C. P., Ex. and Chan., 1 to 13. Freeman, K. J3., C. P.,
Ex. and Chan., 1 to 5. Gilbert's Cases in Law an Equity, 12, 13. Gilbert, K.
B.,.Chan. and Ex., 4 to 43. Relyng, (Sir J.) Crown Cases, and in K. B.
Lutwyche, C. P., 1, 2. Modern, K. B., C. P., Ex. and Chan., vol. 6 - 2, 3.
Modern, K. B., C. P., Ex. and Chan., vol. 7 - 1. Modern, K. B., C. P., Ex. and
Chan., vol. 10 - 8 to 13. Modern, K. B., C. P., Ex. and Chan., vol. 11 - 4 to
8. Parker, Ex., 6 to 12. Peere Williams, Chan. and K. B., 1 to 13. Practical
Register, C. P.) 3 to 13. Precedents in Chancery, 1 to 13. Raymond, (Lord) K.
B. and C. P., 1 to 13. Reports in Chancery, 4 to 8. Reports temp. Holt, 1 to 9.
Robertson's App. Cases, 5 to 13. Salkeld, K.,B., C. P., Ex. and Chan., 1 to 10.
Session Cases, K. B., 9 to 13 Vernon, Chan., 1 to 13.
George I. Aug. 1, 1714. June 11, 1727. Barnardiston, K. B., 12, 13.
This book is said to be "not of much authority;" Dougl. 333, n.; "of still less
authority than 10 Mod.;" Dougl. 669, n; "a bad reporter." 1, East, 642, n.
Brown's Parliamentary Cases, 1 to 13. Bunbury, Ex., 1 to 13. Mr. Bunbury never
meant that those cases should be published; they are very loose notes. 5 Burr.
2568. Cases concerning Settlements, K. B., 1 to 13. Cases of Practice, C. P., 1
to 13. Comyns, K. B., C. P., Ex. Chanc. and before the Delegates, 1 to 13.
Dickens, Chan., 1 to 13. Fortescue, K.@ B., C. P., Ex. and Chan., 1 to 13.
Gilbert, K. B., Chan. and Ex., 1 to 12. Modern, K. B., C. P., Ex.,and Chan.,
vols. 8 and 9 - 8 to 12. Modern, K. B., C. P.,. Ex., and Chan., vol. 10 - 1 to
11. Mosely' Chan., 12, 13. Parker, Ex., 4 to 13. Peere Williams, Chan. and K.
B., 1 to 13. Practical Register, C. P., 1 to 13. Precedents in Chancery, 1 to
8. Raymond (Lord) K. B. and C. P., 1 and 10 to 13. Robertson's Appeal Cases, 1
to 13. Select Cases in Chan., 10 to 12. Sessions Cases, K. B., 1 to 13.
Strange, K. B., C. P., Ex. and Chan., 2 to 13. Vernon, Chan. 1 to 5.
George II. June 11, 1727. Oct. 25, 1760. Ambler, Chap. and Ex. 11 to
34. Andrews, K. B., 11, 12. Atkyn's Chan., 9 to 27. Barnardiston, C. B., 1 to
7. Barnardiston, Chan., 13, 14. Barnes, C. P., 5 to 34. Belt's Supplement to
Vesey, Chan., 20 to 28. Blackstone (Wm.) K. B. and C. P., 20 to 24, and 30 to
34. These reports are said not to be very accurate, per Lord Mansfield, Doug.
92, n. Brown's Parl. Cases, 1 to 34. Bunbury, Ex., 1 to 14. Burrow's K. B., 30
to 34. Burrow's Settlement Cases, K. B., 5 to 34. Cases of Settlement, K. B., 1
to 5. Cases of Practice, K. P., 1 to 20. Cases temp. Talbot, Chan. K. B., C.
P., 7, 10. Comyns, Ex., Chan. and before the Delegates, 1 to 13. Cunningham, K.
B., 7, 8. Dickens, Chan., 1 to 34. Mr. Dickens was a very attentive and
diligent register; but his notes being rather loose, are not to be considered
as of very high authority, per Lord Redesdale, 1 Sch. & Lef. 240. Vide also
Sug. Vend. 146. Eden, Chan., 30 to 34. Fitzgibbon, K. B., C. P., Ex. and Chan.,
1 to 5. Fortescue, 1 to 10. Foster, Crown Cases, 16 to 34. Kelynge, (W.) K. B.;
C. P. and Chan., 1 to 8. Konyon, K. B., &c., 26 to 30., Leach, Crown Cases,
4 to 34. Lee, (Sir Geo.) Ecclesiastical, 25 to 32. Moseley, Chan., 1 to 3.
Parker, Fx , 16 to 34. Peere Williams, Chan. and K. B., 1 to 8. Practical
Register, C. P., I to 15. Raymond, (Lord) K. B. and C. P., 1 to 6. Reports
temp. Hardwicke, K. B., 7, 10. Robertson's Appeal Cases, a few. Sayer, K. B.,
25 to 29. Select Cases in Chancery, 6. Sessions Cases, K. B., 1 to 20. Strange,
K. B., C. P., Ex. and Chan., 1 to 21. Vesey, (sen.) Chan., 20 to 28. Willes, C.
P., Exch., Chan. and House of Lords. 11 to 32. Wilson, K. B., C. P., 16 to
George III. Oct. 25, 1762. Jan. 29, 1820. Acton, Appeal Cases, 49, 50.
Ambler, Chan. and Ex., 1 to 24. Anstruther, Ex., 32 to 37. Ball and Beatty,
Irish Chan., 47 to 54. Barnewell and Alderson, K. B., 58 to 60. Blackstone,
(Sir W.) K. B. and C.,P., 1 to 20. Blackstone, (H.) C. P. and Ex. Chamb., 28 to
36. Bligh, Appeal Cases, 59, 60. Bosanquet and Puller, C. P., and Exch. Chamb.,
to 47. Bott, Settlement Cases, 1 to 60. Broderip and Bingham, C. P., 59, 60.
Brown, Chancery, 18 to 34. Brown, Parl. Cases, 1 to 40. Buck, Bankruptcy, 57 to
60. Burrow, K. B., 1 to 12. Burrow, Settlement Cases, K. B., 1 to 16. Caldecot,
Settlement Cases, K. B., 17 to 26. Campbell, Nisi Prius, K. B., C. P., and Home
Circuit, 48 to 56. Cases of Practice, K. B., 1 to 14. Chitty, K. B., 47 to 60.
Cooper, Chan., 55. Corbet and Daniel, Election Cases. Cowper, K. B., 14 to 18.
Cox, Chan., 23 to 36. Daniell, Ex., 57 to 60. Dickens, Chan., I to 38. Dodson,
Admiralty, 51 to 57. Douglas, K. B., 19 to 25. Dow, H. of Lords, 53 to 58.
Durnford and East, K. B., 26 to 40. East, K. B., 41 to 52. Edwards, Admiralty,
48, 49. Eden, Cban., 1 to 7. Espinasse, Nisi Prius, K. B., C. P. and Home
Circuit, 33 to 47. Forrest, Ex., 41@ Fraser, Elec., H. Com. 32. Gow, Nisi
Prius, C. P., 59, 60. Haggard, Consistory Court, 29 to 60. Holi, Nisi Prius, C.
P. and North Circuit, 55 to 18. Jacob & Walker, Chan., 60. Kenyon, K. B.,
&c.;Leach's Crown Cases, 1 to 55. Lofft, K. B., C. P. and Chan., 12 to 14.
Luders, Election Cases, 25 to 30. Mariott, Admiralty, 16 to 19. Marshall, C.
P., 54 to 57. Maddock, Vice Chan., 55 to 60. Maule & Selwyn,, K. B., 53 to
57 Merivate, Chan., 57 to 58. Moore, C. P., 57 to 60. Nolan, K. B., 32 to 34.
Parker, Ex., 1 to 7. Peake, Nisi Prius, K. B., 30 to 35. Peckwell, Election
Cases, 45,46. Phillimore, Ecclesiastical, 49 to 60. Price, Ex., 54 to 60.
Robinson, Admiralty, 39 to 48. Rose, Bankruptcy 50 to 56. Russell & Ryan,
Crown Cases, 39, &c.;Schoales & Lefroy, Irish Chan., 42 to 44. Smith,
K. B. and Chan., 44 to 46. Starkie, Nisi Prius, K. B., C. P. and North Cir., 5
to 60. Swanston, Chan., 58 to 60. Taunton, C. P., 48 to 58. Vesey, jun., Chan.,
29 to 52. Vesey & Beames, dhan., 52 to 54. Wightwick, Ex., 50, 51. Wilson,
K. B. and C. .P., 1 to 14. Wilson, Chan., 58 to 60. Wilson; Ex., 57.
George IV. Jan. 29, 1820, June 26, 1830. Addams, Eccl. 2 to 6. Barnwell
& Alderson, K. B., 1 to 3. Barnewall & Cresswell, K. B., 3 to 10.
Adolphus, K. B., 10, &c.;Batty, K. B., (Ireland) 5 & 6. Beitty, Chan.,
(do.) 7 & 8. Bingham, C. P., 3, &c.;Bligh, H. of Lords, 1,
&c.;Bott, Settlement Cases, 1 to 7. Broderip & Bingham, C. P., 1 to 3.
Carrington & Payne, N. P., 4, &c.;Chitty, K. B., 1 to 3. Cresswell,
Insolvent, 7 to 9. Daniell, Exchequer. Danson & Lloyd, Mercantile Cases, 8,
9. Dowling & Ryland, 2 to 7. Fox & Smith, K. B., (Ireland) 3 to 5. Glyn
& Jameson, Bankruptcy. Haggard, Eccles. 7 to 10. Hogan, Rolls, (rreland) 6
& 7. Hudson & Brooke, K. B., (Ireland) 7 to 11. Jacob & Walker,
Chan., 1, 2. Jacob, Chan., 2, 3. Lloyd & Welshy, Mercantile Cases, 10,
&c.;Maddock, Vice-Chan., I to 3. Manning & Ryland, K. B., 7 to 9.
Molloy, Chan., (Ireland) 7 to 11. Moody & Malkin, N. P., 7, &c.;Moore,
C. P., 1 to 7. Moore & Payne, C. P., 7, &c.;Phillimore, Eccles., 1, 2.
Price, Exchequer, 1, &c.;Russell & Ryan, Cro. Cases, 1 to 3. Russell,
Chan., 6 &c.;Russell & Mylne, 9, &c.;Ryan & Moody, N. P., 4 to
7. Ryan & Moody, Cro. Cases, 4 to 10. Simon & Stuart, Vice-Chan., 2 to
7. Simons, Vice-Chan., 7 &c.;Smith & Batty, K B., (Ireland) 4, & 5
Starke, N. P., 1 &c.;Turner, Chan., 3, &c.;Younge & Jervis, Ex., 7,
&c.;Younge, Ex. Eq., 11, &C.
William IV. June 26, 1830. June 20, 1837. Adolphus & Ellis, K. B.,
4 to Barnewell & Adolphus, X. B., 1 to 3. Bingham, C. P., 1 to Bligh, H. of
Lords, 1 to Carrington & Payne' N. P., 1 to Clark & Finnelli, 2 to
Cockburn & Rowe, 3. Crompton & Jervis, Exch., 1 & 2, Crompton &
Meeson, Exch., 3 & 4, Crompton, Meeson & Roscoe, Ech., 4 to 6. Curteis,
5 to Deacon & Chitty, Bankruptcy, 2 to 5. Deacon, Bankruptcy, 6 to Dow
& Clarke, H. of Lords, 1 to Dowling, Practice, Cases, 1 to Haggard,
Ecclesiastical, 1 to Haggard, Admiralty, 1 to Hayes, Exch., (Ireland) 1 to 3.
Knapp, Appeal Cases, 1 to Knapp & Ombler, Election Cases, 5 to Lloyd &
Goold, Irish Chan., 5 to Manning & Ryland, K. B., 1 to Meeson & Welshy,
6. Montagu & Bligh, Bankruptcy, 2 & 3. Montagu & Ayrton,
Bankruptch, 3 to Moody & Malkin, N. P., 1 to Moore & Payne, C. P., 1 to
Moore & Scott, C. P., 1 to Mylne & Craig. Mylne & Keen, Chan., 3 to
Neville & Manning, K. B., 3 Perry & Knapp, election Cases, 3 to 5.
Russell & Mylne, Chan., 1 to 3. Scott, C. P., 5 tyo Simons, Vice-Chan. 1 to
Tamlyn, Rolls, 1 to Tyrwhitt, Exch., 1 to Tyrwhitt & Granger. Wilson &
Shaw. H. of Lords, 1 to Wilson & Courtenay, H. of Lords, 2 to Younge,
Equity Exch., 1 to Younge & Collyer, Equity Exch., 4,to
Victoria. June 20, 1837. Adolphus & Ellis, K. B. Adolphus &
Ellis, New Series. Alcock & Napier, K. B., (Ireland) Alcock's REgistry
Cases. Armstrong & Mercartney, N. P. (Ireland) Baron & Austin, Election
Cases. Baron & Arnold, Election Cases. Beavan, Rolls Court. Bells, Appeal
Cases to H. of L., (Ireland) Bell, Murray, Young & Tennent, Session Cases,
(Ireland) Brown, High Court of Justiciary, (Ireland.) Bingham, C. P., 1 to
Bligh, House of Lords. Bligh, New Series. Carrington & Kirwan, N. P.
Carrington & Marshman, N. P., C. P. and Exch. Carrington & Payne, N.
P., Q. P., C. P. Exch. Carrow, Hammerton & Allen, Magistrates' Cases.,
Clark & Finnelly, H. of Lords. Collyer, Chancery. Connor & Lawson,
Chancery, (Ireland.) Cooper, Chancery Practice Caset. Cooper tempore Brougham,
Chancery. Craig & Phillips, Chancery. Crawford & Dix, Abridged Cases in
all the Courts, (Ireland.) Crawford & Dix, Circuit Cases, (Ireland) Curtis,
Ecclesiastical. Davison & Manning, Q. B. Deacon, Bankruptcy. Denison, Crown
Cases, reserved. De Gex & Smales, Chancery. Dow & Clark, H. of L.
Dowling & Lowndes, Points of Practice. Dowling, Practice Cases Dowling, New
Series. Drury & Walsh, Chancery, (Ireland) Drury & Warren, Chancery,
(Ireland) Dunlap, Bell, Murray, Sessions Cases, (Ireland) Dunlap, BeIl, Murray
& Donaldson, Sessions cases, (Ireland.) Exchequer Reports, by Welshy,
Hurstone & Gordon. Falconer & Fitzherbert, Election. Flanagan &
Kelle, Rolls, (Ireland.) Gale & Davison, K. B. Haggard, Admiralty, Hare,
Chancery. Jebb & Bourke, Q. B., (Ireland.) Jebb & Symes, K. B.,
(Ireland.) Jones & Latouche, Q. B., (Ireland.) Jones Exchequer, (Ireland.)
Jones & Carey, Exchequer, (Ireland.) Keen, Rolls. Law Recorder, in all the
Courts, (Ireland.) Longfield & Townsend, Exch., (Ireland.) McLean &
Robinson, H. of L (Ireland.) Manning & Granger, C. P. Manning, Granger
& Scott, C. P. Meeson & Welshy, Exch. Montagu & Ayrton, Bankruptcy.
Montagu & Chitty, Bankruptcy. Montagu, Deacon & De Gex, Bankruptcy.
Montagu & Neale, Election. Moody, N. P. and Crown Cases. Moodv &
Robinson, Nisi Prius. Moore, Appeal Cases. Moore, East India Appeals. Moore,
Privy Council. Mylne & Craig, Chancery. Neville & Perry, K. B. Perry
& Davidson, K. B., Phillips, Chancery. Robinson, Admiralty. Robinson, House
of Lords. Sausse & Scully, Rolls, (Ireland.) Scott, C. P. Scott, New
Series. Shaw & Maclean, House of Lords. Smyth; C. P., (Ireland.) Simons,
Vice-Chancellor. Welsh, Registry Cases, (Ireland.) West, Parl. Reports. Younge
& Collyer, Equity Ex.
REPRESENTATIVE. One who represents or is in the place of
2. In legi4lation, it signifies one who has been elected a moraber of
that branch of the legislature called the house of representatives.
3. A representative of a deceased person, sometimes called a "personal
representative," or legal personal representative," is one who is executor or
administrator of the person described. 6 Madd. 159; 5 yes. 402.
REPRESENTATIVE DEMOCRACY. 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. Inst. n. 31.
TO REPRESENT. To exhibit; to expose before the eyes: to
represent a thing is to produce it publicly. Dig. 10, 4, 2, 3.
REPRESENTATION, insurances. A representation is a collateral
statement, either by writing not inserted in the policy, or by parol, of such
facts or circumstances relative to the proposed adventure, as are necessary to
be communicated to the underwriters, to enable them to form a just estimate of
2. A representation, like a warranty, may be either affirmative, as
where the insured avers the existence of some fact or circumstance which may
affect the risk; or promissory, as where he engages the performance of,
3. There is a material difference between a representation and a
4. A warranty, being a condition upon which the contract is to take
effect, is always a part of the written policy, and must appear on the face of
it. Marsh. Ins. c. 9, §2. Whereas a representation is only a matter of
collateral information or intelligence on the subject of the voyage insured,
and makes no part of the policy. A warranty being in the nature of a condition
precedent, must be strictly and literally complied with; but it is sufficient
if the representation be true in substance, whether a warranty be material to
the risk or not, the insured stakes his claim of indemnity upon the precise
truth of it, if it be affirmative, or upon the exact performance of it, if
executory; but it is sufficient if a representation be made without fraud, and
be not false in any material point, or if it be substantially, though not
literally, fulfilled. A false warranty avoids the policy, as being a breach of
the condition upon which the contract is to take effect; and the insurer is not
liable for any loss though it do not happen in consequence of the breach of the
warranty; a false representation is no breach of the contract, but if material,
avoids the policy on the ground of fraud, or at least because the insurer has
been misled by it. Marsh. Insur. B. 1, c. 10, s. 1; Dougl. R. 247: 4 Bro. P. C.
482. See 2 Caines' R. 155; 1 Johns. Cas. 408; 2 Caines' Cas. 173, n.; 3 Johns.
Cas. 47; 1 Caines' Rep. 288; 2 Caines' R. 22; Id. 329; Sugd. Vend. 6; Bouv.
Inst. Index, h. t. and Concealment; Misrepresentation.
REPRESENTATION, Scotch law. The name of a plea or statement
presented to a lord ordinary of the court of sessions, when his judgment is
brought under review.
REPRESENTATION OF PERSONS; A fiction of the law, the effect of
which is to put the representative in the place, degree, or right of the person
2. The heir represents his ancestor. Bac. Abr. Heir and Ancestor, A. The
devisee, his testator; the executor, his testator; the administrator, his
intestate; the successor in corporations, his predecessor. And generally
speaking they are entitled to the rights of the persons whom they represent,
and bound to fulfil the duties and obligations, which were binding upon them in
3. Representation was unknown to the Romans, and was invented by the
commentators and doctors of the civil law. Toull. Dr. Civ. Fr. liv. 3, t. 1, c.
3, n. 180. Vide Ayl. Pand. 397; Dall. Diet. mot Succession, art. 4, §2.
REPRIEVE, crim. law practice. This term is derived from
reprendre, to take back, and signifies the withdrawing of a sentence for an
interval of time, and operates in delay of execution. 4 Bl. Com. 394. It is
granted by the favor of the pardoning power, or by the court who tried the
3. Reprieves are sometimes granted ex necessitate legis; for example,
when a woman is convicted of a capital offence, after judgment she may allege
pregnancy in delay of execution. In order, however, to render this plea
available she must be quick with child, (q. v.) the law presuming, perhaps
absurdly enough, that before that period, life does not commence in the foetus.
3 Inst. 17; 2 Hale, 413; 1 Hale, 368; 4 Bl. Com. 395.
4. The judge is also bound to grant a reprieve when the prisoner becomes
insane. 4 Harg. St. Tr. 205, 6; 3 Inst. 4; Hawk B. 1, c. 1, s. 4; 1 Chit. Cr.
REPRIMAND, punishment. The censure which in some cases a public
office pronounces against an offender.
2. This species of punishment is used by legislative bodies to punish
their members or others who have been guilty of some impropriety of conduct
towards them. The reprimand is usually pronounced by the speaker.
REPRISALS, war. The forcibly taking a thing by one nation which
belonged to another, in return or satisfaction for a injury committed by the
latter on the former. Vatt. B., 2, ch. 18, s. 342; 1 Bl. Com. ch. 7.
2. Reprisals are used between nation and nation to do themselves
justice, when they cannot otherwise obtain it. Congress have the power to grant
letters of marque (q. v.) and reprisal. Const. art. 1, s. 8 cl. 11.
3. Reprisals are made in two ways either by embargo, in which case the
act is that of the state; or, by letters of marque and reprisals, in which case
the act is that of the citizen, authorized by the government. Vide 2 Bro. Civ.
4. Reprisals are divided into negative, when a nation refuses to fulfil
a perfect obligation, which it has contracted, or to permit another state to
enjoy a right which it justly claims; or positive, when they consist in seizing
the persons and effects belonging to the other nation, in order to obtain
5. They are also general or special. They are general when a state which
has received, or supposes it has received an injury from another nation
delivers commissions to its officers and subjects to take the persons and
property belonging to the other nation, in retaliation for such acts, wherever
they may be found. It usually amounts to a declaration of war. Specia reprisals
are such as are granted in times of peace, to particular individuals who have
suffered an injury from the citizens or subjects of the other nation. Bynker.
Quaest. Jur. Pub. lib. 1, Duponce, au's Translation, p. 182, note; Dall. Diet.
Prises maritimes, axt. 2, §5.
6. The property seized in making reprisals is preserved, while there is
any hope of obtaining satisfaction or justice, as soon as that hope disappears,
it is confiscated, and then the reprisal is complete. Vattel, B. 2, c. 18,
REPRISES. 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 it is worth so much a year ultra
reprises, besides all reprises.
2. In Pennsylvania, lands are not to be sold when the rents can pay the
encumbrances in seven years, beyond all reprises.
REPROBATION, eccl. law. The propounding exceptions either
against facts, persons or things; as, to allege that certain deeds or
instruments have not been duly and lawfully executed; or that certain persons
are such that they are incompetent as witnesses; or that certain things ought
not for legal reasons to be admitted.
REPUBLIC. A commonwealth; that 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 government. 1 Toull. n. 28,
and n. 202, note. In this sense, it is used by Ben Johnson. Those that, by
their deeds make it known, whose dignity they do sustain; And life, state,
glory, all they gain, Count the Republic's, not their own, Vide Body Politic;
REPUBLICAN GOVERNMENT. A government in the republican form; a
government of the people; it is usually put in opposition to a monarchical or
2. The fourth section of the fourth article of the constitution, directs
that "the United States shall guaranty to every state in the Union a republican
form of government." The form of government is to be guarantied, which supposes
a form already established, and this is the republican form of government the
United States have undertaken to protect. See Story, Const. §1807.
REPUBLICATION. An act done by a testator from which it can be
concluded that be intended that an instrument which had been revoked by him,
should operate as his will; or it is the re-execution of a will by the
testator, with a view of giving it full force and effect.
2. The republication is express or implied. It is express when there has
been an actual re-execution of it; 1 Ves. 440; 2 Rand. R. 192; 9 John, R. 312;
it is implied when, for example, the testator by a codicil executed according
to the statute of frauds, reciting that he had made his will, added, "I hereby
ratify and confirm my said will, except in the alterations after mentioned."
Com. R. 381.; 3 Bro. P. C. 85, The will might be at a distance, or not in the
power of the testator, and it may be thus republished. 1 Ves. 437; 3 Bing. 614;
1 Ves. jr. 486; 4 Bro. C. C. 2.
3. The republication of a will has the effect; 1st. To give it all the
force of a will made at the time of the republication; if, for example, a
testator by his will devise "all his lands in A," then revokes his will, and
afterwards buys other lands in A, the republication, made after the purchase,
will pass all the testator's lands in A. Cro. Eliz. 493. See 1 P. Wms. 275. 2d.
It sets up a will which had been revoked. See, generally, 2 Hill. Ab. 509; 3
Lomax, Dig. tit. 28, c. 6; 2 Bouv. Inst. n. 216 4.
TO REPUDIATE. To repudiate a right is to express in a sufficient
manner, a determination not to accept it, when it is offered.
2. He who repudiates a right cannot by that act transfer it to another.
Repudiation differs from renunciation in this, that by the former he who
repudiates simply declares that he will not accept, while he who renounces a
right does so in favor of another. Renunciation is however sometimes used in
the sense of repudiation. See To Renounce; Renunciation; Wolff, Inst. 339.
REPUDIATION. In the civil law this term is used to signify the
putting away of a wife or a woman betrothed.
2. Properly divorce is used to point out the separation of married
persons; repudiation, to denote the separation either of married people, or
those who are only affianced. Divortium est repudium et separatio maritorum;
repodium est renunciatio sponsalium, vel etiam est divortium. Dig. 50, 16, 101,
1. Repudiation is also used to denote a determination to have nothing to do
with any particular thing; as, a repudiation of a legacy, is the abandonment of
such legacy, and a renunciation of all right to it.
3. In the canon law, repudiation is the refusal to accept a benefice
which has been conferred upon the party repudiating.
REPUGNANCY, contracts. That which in a contract, is inconsistent
with something already contracted for; as, for example, where a man by deed
grants twenty acres of land, excepting one, this latter clause is repugnant,
and is to be rejected. But if a farm or tract of land is conveyed by general
terms, in exception of any number of acres, or any particular lot, it is not
repugnant, but valid. 4 Pick. 54; Vide 3 Pick. 272; 6 Cowen, 677.
REPUGNANCY, pleading. Where the material facts stated in a
declaration or other pleading, are inconsistent one with another for example,
where in an action of trespass, the plaintiff declared for taking and carring
away certain timber, lying in a certain place, for the completion of a house
then lately built; this declaration was considered bad, for repugnancy; for the
timber could not be for the building of a house already built. 1 Salk. 213.
2. Repugnancy of immaterial facts, and what is merely redundant, and
which need not have been put into the sentence, and contradicting what was
before alleged, will not, in general, vitiate the pleading. Gilb. C. P. 131;
Co. Litt. 303 b; 10 East, R. 142; 1 Chit. Pl. 233. See Lawes, Pl. 64; Steph.
Pl. 378; Com. Dig. Abatement H 6; 1 Vin. Ab. 36; 19 Id. 45; Bac. Ab. Amendment,
&c. E 2 Bac. Ab. Pleas, Ac. I 4 Vin. Ab. h. t.
REPUGNANT. That which is contrary to something else; a repugnant
condition is one contrary to the contract itself; as, if I grant you a house
and lot in fee, upon condition that you shall not aliens, the condition is
repugnant and void. Bac. Ab. Conditions, L.
REPUGNANT CONDITION. One which is contrary to the contract
itself; as, if I grant you a house and lot in fee, upon condition that you
shall not aliens, the condition is repugnant and void, as being consistent with
the right granted.
REPUTATION, evidence. The opinion generally entertained by
persons who know another, as to his character, (q. v.) or it is the opinion
generally entertained by person; who know a family as to its pedigree, and the
2. In general, reputation is evidence to prove, 1st. A man's character
in society. 2d. A pedigree. (q. v.) 3d. Certain prescriptive or customary
rights and obligations and matters of public notoriety. (q. v.) But as such
evidence is in its own nature very weak, it must be supported. 1st. When it
relates to the exercise of the right or privilege, by proof of acts of
enjoyment of such right or privilege, within the period of living memory; 1
Maule & Selw. 679; 5 T. R. 32; afterwards evidence of reputation may be
given. 2d. The fact must be of a public nature. 3d. It must be derived from
persons likely to know the facts. 4th. The facts must be general and, not
particular. 5th. They must be free from suspicion. 1 Stark. Ev. 54 to 65. Vide
1 Har. & M'H. 152; 2 Nott & M'C. 114 5 Day, R. 290; 4 Hen. & M.
507; 1 Tayl. R. 121; 2 Hayw. 3; 8 S. & R. 159; 4 John. R. 52; 18 John. R.
346; 9 Mass. R. 414; 4 Burr. 2057; Dougl. 174; Cowp. 594; 3 Swanst. 400; Dudl.
So. Car. R. 346; and arts. Character; Memory.
REQUEST, contracts. A notice of a desire on the part of the
person making it, that the other party shall do something in relation to a
2. In general when a debt exists payable immediately, the law does not
impose on the creditor to make a request of payment. But when by the express
terms of a contract, a request is necessary, it must be made. And in some cases
where there is no express agreement a request is also requisite; as where A
sells a horse to B to be paid for on delivery, a demand or request to deliver
must be made before B can sustain an action; 5 T. R. 409; 1 East, 209; or, it
must be shown that A has incapacitated himself to deliver the horse because he
has sold the horse to another person. 10 East. 359; 5 B. & A. 712. On a
general promise to marry, a request must be made before action, unless the
proposed defendant has married another. 2 Dow. & Ry. 55. Vide Demand.
3. A request, like a notice, ought to be in writing and state distinctly
what is required to be done without any ambiguous terms. 1 Chit. Pr. 497,
REQUEST, pleading. The statement in the plaintiff's declaration
that a demand or request has been made by the plaintiff from the defendant, to
do some act which he was bound to perform, and for which the action is
2. A request is general or special. The former is called the licet
saepius requisitus, (q. v.) or "although often requested so to do;" though
generally inserted in the common breach to the money counts, it is of no avail
in pleading, and the omission of it will not vitiate the declaration. 2 Hen.
Bl. 131; 1 Bos. & Pull. 59, 60; and see 1 John. Cas. 100. Whenever it is
essential to the cause of action, that the plaintiff should have requested the
defendant to perform his contract, such request must be stated in the
declaration and proved. The special request must state by whom, and the time
and place when it was made, in order that the court may judge of its
sufficiency. 1 Str. 89. , Vide Com. Dig. Pleader, C 69, 70; 1 Saund. 33; 2
Ventr. 75; 3 Bos. & Pull. 438; 3 John. R. 207; 1 John. Cas. 319; 10 Mass.
R. 230; 3 Day's R. 327; and the articles Demand; Licet saepius requisitus.
REQUEST NOTES, Engl. 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.
REQUISITION. The act of demanding a thing to be done by virtue
of some right. 2. The constitution of the United States, art. 4, s. 2, provides
that fugitives from justice shall be delivered up to the authorities of the
state from which they are fugitives, on the demand of the executive from such
state. The demand made by the governor of one state on the governor of another
for a fugitive is called a requisition.
RES, property. Things. The terms "Res," "Bona," "Biens," used by
jurists who have written in the Latin and French languages, are intended to
include movable or personal, as well as immovable or real property. 1 Burge,
Confl. of Laws, 19. See Biens; Bona; Things.
RES GESTA, evidence. The subject matter; thing done.
2. When it is necessary in the course of a cause to inquire into the
nature of a particular act, or the intention of the person who did the act,
proof of what the person said at the time of doing it, is admissible evidence,
as part of the res gesta, for the purpose of showing its true character. On an
indictment for a rape, for example, what the girl said so recently after the
fact as to exclude the possibility of practising on her, has been held to be
admissible evidence, as a part of the transaction. East, P. C. 414; 2 Stark.
Cas. 241; 1 Stark. Ev. 47; 1 Phil. Ev. 218: Bouv. Inst. Index, h. t.
RES INTEGRA. An entire thing; an entirely new or untouched
matter. This term is applied to those points of law which have not been
decided, which are "untouched by dictum or decision." 3 Meriv. R. 269; 1 Burge
on the Confl. of Laws, 241.
RES INTER ALIOS ACTA, evidence. This is a technical phrase which
signifies acts of others, or transactions between others.
2. Neither the declarations nor any other acts of those who are mere
stran-gers, or, as it is usually termed, any res inter alios ada, are
admissible in evidence against any one when the party against whom such acts
are offered in evidence, was privy to the act, the objection ceases; it is no
longer res inter alios. 1 Stark Ev. 52; 3 Id 1300.
RES TUDIC ATA, practice. The decision of a legal or equitable
issue, by a court of competent jurisdiction.
2. It is a general principle that such decision is binding and
conclusive upon all other courts of concurrent power. This principle pervades
not only our own, but all other systems of jurisprudence, and has become a rule
of universal law, founded on the soundest policy. If, therefore, Paul sue Peter
to recover the amount due to him upon a bond and on the trial the plaintiff
fails to prove the due execution of the bond by Peter, in consequence of which
a verdict is rendered for the defendant, and judgment is entered thereupon,
this judgment, till reversed on error, is conclusive upon the parties, and Paul
cannot recover in a subsequent suit, although he may then be able to prove the
due execution of the bond by Peter, and that the money is due to him, for, to
use the language of the civilians, res judicata facit ex albo nigrum, ex nigro
album, ex curvo redum, ex recto curvum.
3. The constitution of the United States and the amendments to it
declare, that no fact, once tried by a jury, shall be otherwise reexaminable in
any court of the United States than according to the rules of the common law. 3
Pet. 433; Dig. 44, 2; and Voet, Ibid; Kaime's Equity, vol. 2, p. 367; 1 Johns.
Ch. R. 95; 2 M. R. 142; 3 M. R. 623; 4 M. R. 313, 456, 481; 5 M. R. 282, 465; 9
M. R. 38; 11 M. R. 607; 6 N. S. 292; 5 N. S. 664; 1 L. R. 318; 8 L. R. 187; 11
L. R. 517. Toullier, Droit Civil Francais, vol. 10, No. 65 to 259.
4. But in order to make a matter res judicata there must be a
concurrence of the four conditions following, namely: 1. Identity in the thing
sued for. 2. Identity of the cause of action; if, for example, I have claimed a
right of way over Blackacre, and a final judgment has been rendered against me,
and afterwards I purchase Blackacre, this first decision shall not be a bar to
my recovery, when I sue as owner of the land, and not for an easement over it,
which I claimed as a right appurtenant to My land Whiteacre. 3. Identity of
persons and of parties to the action; this rule is a necessary consequence of
the rule of natural justice: ne inauditus condemnetur. 4. Identity of the
quality in the persons for or against whom the claim is made; for example, an
action by Peter to recover a horse, and a final judgment against him, is no bar
to an action by Peter, administrator of Paul, to recover the same horse. Vide,
RES MANCIPI, Rom. civ. law. Those things which might be sold and
alienated, or the property of them transferred from one person to another. The
division of things in to res mancipi and res nec mancipi, was one of ancient
origin, and it continued to a late period in the empire. Res mancipi (Ulph.
Frag. xix.) are praedia in italico solo, both rustic and urban also, jura
rusticorum praediorum or servitutes, as via, iter, aquaeductus; also slaves,
and four-footed animals, as oxen, horses, &c., qum collo dorsove domantur.
Smith, Diet. Gr. and Rom. Antiq. To this list, may be added children of Roman
parents, who were, according to the old law, res mancipi. The distinction
between res mancipi and nec mancipi was abolished by Justinian in his code.
Id.; Coop. Ins. 442.
RES NOVA. Something new; something not before decided.
RES NULLIUS. A thing which has no owner. A thing which has been
abandoned by its owner is as much res nullius as if it had never belonged to
2. The first possessor of such a thing becomes the owner, res nullius
fit primi occupantis. Bowy. Com. 97.
RES PERIT DOMINO The thing is lost to the owner. This phrase is
used to express that when a thing is lost or destroyed, it is lost to the
person who was the owner of it at the time. For example, an article is sold; if
the seller have perfected the title of the buyer so that it is his, and it be
destroyed, it is the buyer's loss; but if, on the contrary, something remains
to be done before the title becomes vested in the buyer, then the loss falls on
the seller. See Risk.
RES UNIVERSATIS. Those things which belong to cities or
municipal corporations are so called; they belong so far to the public that
they cannot be appropriated to private use; such as public squares, market
houses, streets, and the like. 1 Bouv. Inst. n. 446.
RESALE. A second sale made of an article; as, for example, if A
sell a horse to B, and the latter not having paid, for him, refuse to take him
away, when by his contract he was bound to do so, and then A sells the horse to
2. The effect of a resale, is not always to annul the first sale,
because, as in this case, B would be liable to A for the difference of the
price between the sale and resale. 4 Bing. 722; Blackb. on Sales, 336; 4 M.
& G. 898.
RESCEIT. The act of receiving or admitting a third person to
plead his right in a cause commenced by two; as when an action is brought
against a tenant for life or term of years, the reversioner is allowed to
RESCEIT or RECEIT. The admission or receiving of a third person
to plead his right in a cause formerly commenced between two other persons; as,
when an action is brought against a tenant for life or years, or any other
particular tenant, and he makes default, in such case the reversioner may move
that he may be received to defend his right, and to plead with the demandant.
Jacob, L. D. h. t. Resceit is also applied to the admittance of a plea, when
the controversy is betweeen the same two persons. Co. Litt. 192; 3 Nels. Ab.
RESCISSION OF A CONTRACT. The destruction or annulling of a
2. The right to rescind a contract seems to suppose not that the
contract has existed only in appearance; but that it has never had a real
existence on account of the defects which accompanied it; or which prevented
its actual execution. 7 Toul. n. 551 17 Id. n. 114.
3. A contract cannot, in general, be rescinded by one party unless both
parties can be placed in the same situation, and can stand upon the same terms
as existed when the contract was made. 5 East, 449; 15 Mass. 819; 5 Binn. 355;
3 Yeates, 6. The most obvious instance of this rule is, where one party by
taking possession, &c., has received a partial benefit from the contract.
Hunt v. Silk. 5 East, 449.
4. A contract cannot be rescinded in part. It would be unjust to destroy
a contract in toto, when one of the parties has derived a partial benefit, by a
performance of the agreement. In such case it seems to have been the practice
formerly to allow the vendor to recover the stipulated price, and the vendee to
recover, by a cross-action, damages for the breach of the contract. 7 East,
480, in the note. But according to the later and more convenient practice, the
vendee, in such case, is allowed in an action for the price, to give evidence
of the inferiority of the goods in reduction of damages, and the plaintiff who
has broken his contract is not entitled to recover more than the value of the
benefit the defendant has actually derived from the goods or labor; and when
the latter has derived no benefit, the plaintiff cannot recover at all. Stark.
on Evidence, part 4, tit. Goods sold and delivered; Chitty on Contr. 276.
5. A sale of land, by making a deed for the same, and receiving security
for the purchase money, may be rescinded before the deed has been recorded, by
the purchaser surrendering the property and, the deed to the buyer, and
receiving from him the securities he had given; in Pennsylvania, these acts
revest the title in the original owner. 4 Watts, 196, 199. But this appears
contrary to the current of decisions in other states and in England. 4 Wend.
474; 2 John. 86; 5 Conn. 262; 4 Conn. 350; 4 N. H. Rep. 191; 9 Pick. 105; 2 H.
Bl. 263, 264; Pre. in- Chan. 235; 6 East, 86; 4 B. & A. 672. See 7 East,
484; 1 Mass. R. 101 14 Mass. 282; Whart on's Dig. 119, 120 10 East, 564; 1
Campb. 78, 190; 3 Campb. 451; 3 Starkie, 32; 1 Stark. R. 108; 2 Taunt. 2; 2 New
Rep. 136; 6 Moore, 114; 3 Chit. Com. L. 153; 1 Saund. 320, b. note; l Mason,
437; 1 Chip. R. 159; 2 Stark. Ev. 97, 280 8 lb. 1614, 1645 3 New Hamp. R. 455;
2 South, R. 780 Day's note to Templer v. McLachlan, 2 N. R. 141; 1 Mason, 93;
20 Johns. 196; 5 Com. Dig. 631, 636; and Com. Dig. Action upon the case upon
Assumpsit, A 1, note x, .p. 829, for a very full note; Com. Dig. Biens, D 3, n.
6. As to the cases where a contract will be rescinded in equity on the
ground of mistake, see Newl. Cont. 432; or where heirs are dealing with, their
expectancies, lbid. 435; sailors with their prize money, Ibid. 443; children
dealing with their parents, Ibid. 445; guardians with their wards, Ibid. 448;
attorney with his client, Ibid. 453; cestui que trust, with trustee, Ibid. 459;
where contracts are rescinded on account of the turpitude of their
consideration, Ibid. 469; in fraud of marital rights, Ibid. 424 in fraud of
marriage agreement, Ibid. 417 on account of imposition, Ibid. 351; in fraud of
creditors, lb. 369; in fraud of purchasers, Ib. 391; in fraud of a deed of
composition by creditors, lb. 409.
RESCOUS, crim. law, torts. This word is used synonymously with
rescue, (q. v.) and denotes the illegal taking away and setting at liberty a
distress taken, or a person arrested by due process of law. Co. Litt. 160.
2. In civil cases when a defendant is rescued the officer will or will
not be liable, as the process under which the arrest is made, is or is not
final. When the sheriff executes a fi. fa. or ca. sa. he may take the posse
comitatus; Show. 180; and, neglecting to do so, he is responsible; but on mesne
or original process, if the defendant rescue himself, vi et armis, the sheriff
is not answerable. 1 Holt's R. 537; 3 Engl. Com. Law Rep. 179, S. C. Vide Com.
Dig. h. t.; Yelv. 51; 2 T. R. 156; Woodf. T. 521 Bac. Ab. Rescue, D; Doct. Pl.
RESCRIPT, conv. A counterpart.
2. In the canon law, by rescripts are understood apostolical letters,
which emanate from the pope, under whatever form they may be. The answers of
the pope in writing are so called. Diet. Dr. Can. h. v. Vide Chirograph;
RESCRIPTION, 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 person for it. Poth. Du Contr. de Change, n. 225.
2. According to this definition, bills of exchange are a species of
rescription. The difference appears to be this, that a bill of exchange is
given when there has been a contract of exchange between the drawer and the
payee; whereas the rescription is sometimes given in payment of debt, and at
other times it is lent to the payee. Id.
RESCRIPTS, civ. law. The answers of the prince at the request of
the parties respecting some matter in dispute between them, or to magistrates
in relation to some doubtful matter submitted to him.
2. The rescript was differently denominated, according to the character
of those who sought it. They were called annotations or subnotations, when the
answer was given at the request of private citizens; letters or epistles, when
he answered the consultation of magistrates; pragmatic sanctions, when he
answered a corporation, the citizens of a province, or a municipality. Lecons
El. du Dr. Rom. §53; Code, 1, 14, 3.
RESCUE, crim. law. A forcible setting at liberty against law of
a person duly arrested. Co. Litt. 160; 1 Chitty's Cr, Law, *62; 1 Russ. on Cr.
383. The person who rescues the prisoner is called the rescuer.
2. If the rescued prisoner were arrested for felony, then the rescuer is
a felon; if for treason, a traitor; and if for a trespass, he is liable to a
fine as if he had committed the original offence. Hawk. B. 5, c. 21. If the
principal be acquitted, the rescuer may nevertheless be fined for the
misdemeanor in the obstruction and contempt of public justice. 1 Hale, 598.
3. In order to render the rescuer criminal, it is necessary he should
have knowledge that the person whom he sets at liberty has been apprehended for
a criminal offence, if he is in the custody of a private person; but if he be
under the care of a public officer, then he is to take notice of it at his
peril. 1 Hale, 606.
4. In another sense, rescue is the taking away and setting at liberty,
against law, a distress taken for rent, or services, or damage feasant. Bac.
Ab. Rescue, A.
5. For the law of the United States on this subject, vide Ing. Dig. 150.
Vide, generally, 19 Vin. Ab. 94.
RESCUE, mar. war. The retaking by a party captured of a prize
made by the enemy. There is still another kind of rescue which partake's of the
nature of a recapture; it occurs when the weaker party before he is
overpowered, obtains relief from the arrival of fresh succors, and is thus
preserved from the force of the enemy. 1 Rob. Rep. 224; 1 Rob. Rep. 271.
2. Rescue differs from recapture. (q. v.) The rescuers do not by the
rescue become owners of the property, as if it had been a new prize - but the
property is restored to the original owners by the right of postliminium. (q.
RESCUSSOR. The party making a rescue, is sometimes so called,
but more properly he is a rescuer.
RESERVATION, contracts. That part of a deed or other instrument
which reserves a thing not in esse at the time of the grant, but newly created.
2 Hill. Ab. 359; 3 Pick. R. 272; It differs from an exception. (q. v.) See 4
Verm. 622; Brayt. R. 230; 9 John. R. 73; 20 John, R. 87; 3 Ridg. P. C. 402; Co.
Litt. 43 a; 2 Tho Co. Litt. 412
RESET OF THEFT, Scotch law. The receiving and keeping of stolen
goods knowing them to be stolen, with a design of feloniously retaining them
from the real owner. Alis. Pr. Cr. 328.
RESETTER, Scotch law. A receiver of stolen goods, knowing them
to have been stolen.
RESIANCE. A man's residence or permanent abode. Such a man is
called a resiant. Kitch. 33.
RESIDENCE. The place of one's domicil. (q. v.) There is a
difference between a man's residence and his domicil. He may have his domicil
in Philadelphia, and still he may have a residence in New York; for although a
man can have but one domicil, he may have several residences. A residence is
generally tran-sient in its nature, it becomes a domicil when it is taken up
animo manendi. Roberts; Ecc. R. 75.
2. Residence is prima facie evidence of national character, but this may
at all times be explained. When it is for a special purpose and transient in
its nature, it does not destroy the national character.
3. In some cases the law requires that the residence of an officer shall
be in the district in which he is required to exercise his functions. Fixing
his residence elsewhere without an intention of returning, would violate such
law. Vide the cases cited under the article Domicil; Place of residence.
RESIDENT, international law. A minister, according to diplomatic
language, of a third order, less in dignity than an ambassador, or an envoy.
This term formerly related only to the continuance of the minister's stay, but
now it is confined to ministers of this class.
2. The resident does not represent the prince's person in his dignity,
but only his affairs. His representation is in reality of the same nature as
that of the envoy; hence he is often termed, as well as the envoy, a minister
of the second order, thus distinguishing only two classes of public ministers,
the former consisting of ambassadors who are invested with the representative
character in preeminence, the latter comprising all other ministers, who do not
possess that exalted character. This is the most necessary distinction, and
indeed the only essential one. Vattel liv. 4, c. 6, 73.
RESIDENT, persons. A person coming into a place with intention
to establish his domicil or permanent residence, and who in consequence
actually remains there. Time is not so essential as the intent, executed by
making or beginning an actual establishment, though it be abandoned in a
longer, or shorter period. See 6 Hall's Law Journ. 68; 3 Hagg. Eccl. R. 373; 20
John. 211 2 Pet. Ad. R. 450; 2 Scamm. R. 377.
RESIDUARY LEGATEE. He to whom the residuum of the estate is
devised or bequeathed by will. Roper on Leg. Index, h. t.; Powell Mortg. Index,
h. t.; 8 Com. Dig. 444.
RESIDUE. That which remains of something after taking away a
part of it; as, the residue of an estate, which is what has not been
particularly devised by will.
2. A will bequeathing the general residue of personal property, passes
to the residuary legatee everything not otherwise effectually disposed of and
it makes no difference whether a legacy falls into the estate by lapse, or as
void at law, the next of kin is equally excluded. 15 Ves. 416; 2 Mer. 392. Vide
7 Ves. 391; 4 Bro. C. C. 55; 1 Bro. C. C. 589; Rop. on Leg. Index, h. t.;
Worth. on Wills, 454.
RESIGNATION. The act of an officer by which he declines his
office, and renounces the further right to use it. It differs from abdication.
2. As offices are held at the will of both parties, if the resignation
of a officer be not accepted, he remains in office. 4 Dev. R. 1.
RESIGNEE. One in favor of whom a resignation is made. 1 Bell's
Com. 125 n.
RESISTANCE. The opposition of force to force.
2. Resistance is either lawful or unlawful. 1. It is lawful to resist
one who is in the act of committing a felony or other crime, or who maliciously
endeavors to commit such felony or crime. See self defence. And a man may
oppose force to force against one who endeavors to make an arrest, or to enter
his house without lawful authority for the purpose; or, if in certain cases he
abuse such authority, and do more than he was authorized to do; or if it turn
out in the result he has no right to enter, then the party about to be
imprisoned, or whose house is about to be illegally entered, may resist the
illegal imprisonment or entry by self-defence, not using any dangerous weapons,
and may escape, be rescued, or even break prison, and others may assist him in
so doing. 5 Taunt. 765; 1 B. & Adol, 166; 1 East, P. C. 295; 5 East, 304; 1
Chit. Pr. 634. See Regular and Irregular Process.
3. - 2. Resistance is unlawful when the persons having a lawful
authority to arrest, apprehend, or imprison, or otherwise to advance or execute
the public justice of the country, either civil or criminal, and using the
proper means for that purpose, are resisted in so doing; and if the party
guilty of such resistance, or others assisting him, be killed in the struggle,
such homicide is justifiable; while on the other hand, if the officer be
killed, it will, at common law, be murder in those who resist. Fost. 270; 1
Hale, 457; 1 East, P. C. 305.
RESOLUTION. A solemn judgment or decision of a court. This word
is frequently used in this sense, in Coke and some of the more ancient
reporters. It also signifies an agreement to a law or other thing adopted by a
legislature or popular assembly. Vide Dict. de Jurisp. h. t.
RESOLUTION, Civil law. The act by which a contract which existed
and was good, is rendered null.
2. Resolution differs essentially from rescission. The former
presupposes the contract to have been valid, and it is owing to a cause
posterior to the agreement that the resolution takes place; while rescission,
on the contrary, supposes that some vice or defect annulled the contract from
the beginning. Resolution may be by consent of the parties or by the decision
of a competent tribunal; rescission must always be by the judgment of a court.
7 Troplong, de la Vente, n. 689; 7 Toull. 551; Dall. Dict. h. t.
RESOLUTORY CONDITION. On 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 the United
States, within six months. My ship arrives in one month, my contract with you
is revoked. 1 Bouv. Inst. n. 764.
RESORT. The authority or jurisdiction of a court. The supreme
court of the United States is a court of the last resort.
RESPECTABLE WITNESS. One who is competent to testify in a court
of justice. To pass lands in Alabama, a will must be attested by three or more
respectable witnesses. See Attesting witness; Competent witness; Credible
witness and Witness.
RESPIRATION, Med. jur. Breathing, which consists of the drawing
into, inhaling, or more technically, inspiring, atmospheric air into the lungs,
and then: forcing out, expelling, or technically expiring, from the lungs the
air therein. Chit. Med. Jur. 92 and 416, note n.
RESPITE, contracts, civil law. An act by which a debtor who is
unable to satisfy his debts at the moment, transacts (i. e. compromises) with
his creditors, and obtains from them time or delay for the payment of the sums
which he owes to them. Louis. Code, 3051.
2. The respite is either voluntary or forced; it is voluntary when all
the creditors consent to the proposal, which the debtor makes to pay in a
limited time the whole or a part of his debt; it is forced when a part of the
credi-tors refuse to accept the debtor's proposal, and when the latter is
obliged to compel them by judicial authority, to consent to what the others
have deter-mined in the cases directed by law. Id. 3052; Poth. Proced. Civ.
5eme partie, ch. 3.
3. In Pennsylvania, there is a provision in the insolvent act of June
16, 1836, s. 41, somewhat similar to involuntary respite. It is enacted, that
whenever a majority in number and value of the creditors of any insolvent, as
aforesaid, residing within the United States, or having a known attorney
therein, shall consent in writing thereto, it shall be lawful for the court by
whom such insolvent shall have been discharged, upon the application of such
debtor, and notice given thereof, in the manner hereinbefore provided for
giving notice of his original petition, to make an order that the estate and
effects which such insolvent may afterwards acquire, shall be exempted for the
term of seven years thereafter from execution, for any debt contracted, or
cause of action existing previously to such discharge, and if after such order
and consent, any execution shall be issued for such debt or cause of action, it
sliall be the duty, of any judge of the court from which such execution issued,
to set aside the same with costs.
4. Respite also signifies a delay, forbearance or continuation of
RESPITE, crim. law. A suspension of a sentence, which is to be
executed at a future time. It differs from a pardon, which is in abolition of
the crime. See Abolition; Pardon.
RESPONDEAT OUSTER. The name of a judgment when an issue in law,
arising on a dilatory plea, has been decided for the plaintiff, that the
defendant answer over. See 1 Meigs, 122; 1 Ala. R. 442; 3 Ala. R. 278; 3 Pike,
339; 4 Pike, 445; 4 Misso. R. 366; 5 Blackf. 167; 5 Metc. 88; 1 Gilm. R. 395 16
Conn. 436; 24 Pick. 49. Vide Judgment of Respondeat Ouster.
RESPONDENT, practice. The party who makes an answer to a bill or
other proceeding in chancery. In the civil law, this term signifies one who
answers or is security for another; a fidejussor. Dig. 2, 8, 6.
RESPONDENTIA, maritime law. A loan of money on maritime
interest, on goods laden on board of a ship, which, in the course of the voyage
must, from their nature, be sold or exchanged, upon this condition, that if the
goods should be lost in the course of the voyage, by any of the perils
enumerated in the contract, the lender shall lose his money; if not, that the
borrower shall pay him the sum borrowed, with the interest agreed upon,
2. The contract is called respondentia, because the money is lent on the
personal responsibility of the borrower. It differs principally from bottomry,
in the following circumstances: bottomry is a loan on the ship; respondentia is
a loan upon the goods. The money is to be repaid to the lender, with mari-time
interest, upon the arrival of the ship, in the one case and of the goods, in
the other. In all other respects the contracts are nearly the same, and are
governed by the same principles. In the former, the ship and tackle, being
hypothecated, are liable, as well as the person of the borrower; in the latter,
the lender has, in general, only the personal security of the borrower. Marsh.
Ins. B. 2, c. 1, p. 734. See Lex Mer. Amer. 354; Com. Dig. Merchant, E 4; 1
Fonb. Eq. 247, n. I.; Id. 252, n. o.; 2 Bl. Com. 457; Park. Ins. ch. 21; Wesk.
Ins. 44; Beawes' Lex. Mex. 143; 3 Chitty's Com. Law, 445 to 536; Bac. Abr.
Merchant and Merchandise, K; Bottomry.
RESPONDERE NON DEBET. The prayer of a plea where the defendant
insists that he ought not to answer, as when he claims a privilege; for
example, as being a member of congress, or a foreign amhassador. 1 Chit. Pl.
RESPONSA PRUDENTUM, civil law. Opinions given by Roman lawyers.
Before the time of Augustus, every lawyer was authorized de jure, to answer
questions put to him, and all such answers, response prudentum had equal
authority, which had not the force of law, but the opinion of a lawyer.
Augustus was the first prince who gave to certain distinguished jurisconsults
the particular privi-lege of answering in his name; and from that period their
answers required greater authority. Adrian determined in a more precise manner
the degree of authority which these answers should have, by enacting that the
opinions of such authorized jurisconsults, when unanimously given, should have
the force of law (legis vicenz,) and should be followed by the judges; and that
when they were divided, the judge was allowed to adopt that which to him
appeared the most equitable.
2. The opinions of other lawyers held the same place they had before,
they were considered merely as the opinions of learned men. Mackel. Man. Intro.
§43; Mackel. Hist. du Dr. Rom. SSSS 40, 49; Hugo, Hist. du Dr. Rom.
§313; Inst. 1, 2, 8,; Institutes Expliquees, n. 39.
RESPONSALIS, old Eng. law., One who appeared for another in
court. Fleta, lib. 6, c., 21. In the ecclesiastical law, this name is sometimes
given to a proctor.
RESPONSIBILITY. The obligation to answer for an act done, and to
repair any injury it may have caused.
2. This obligation arises without any contract, either on the part of
the party bound to repair the injury, or of the party injured. The law gives to
the person who has suffered loss, a compensation in damages.
3. it is a general rule that no one is answerable for the acts of
another unless he has, by some act of his own, concurred in them. But when he
has sanctioned those acts, either explicitly or by implication, he is
responsible. An innkeeper in general, civilly liable for the acts of his
servants towards his guests, for anything done in their capacity of servants.
The owner of a carriage is also, civilly responsible to a passenger for any
injury done by the driver as such. See Driver.
4. There are cases where persons are made civilly responsible for the
acts of others by particular laws and statutory provisions, when they have not
done anything by which they might be considered as participating in such acts.
The responsibility which the hundred (q. v.) in England formerly incurred to
make good any robbery committed within its precincts, may be mentioned as an
instance. A somewhat similar liability is incurred now in some places in this
country by a county, when property has been destroyed by a mob.
5. Penal responsibility is always personal, and no one can be punished
for the commission of a crime but the person who has committed it or his
accomplice. Vide Damages; Injury; Loss.
RESTITUTION, 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 are afterwards lost, there is not any
restitution. Stev. on Av. 1, c. 1, s. 1, art. 1, ii., 8. Vide Recompense.
RESTITUTION, practice. The return of something to the owner of
it, or to the person entitled to it.
2. 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; 4 Mod. 161. 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. Roll. Ab. 778; Bac. Ab. Execution, Q; 1
Al. & S. 425.
3. The phrase restitution of conjugal rights frequently occurs in the
ecclesiastical courts. A suit may there be brought for this purpose whenever
either the hushand or wife is guilty of the injury of subtraction, or lives
separate from the other without sufficient reason; by which the party injured
may compel the other to return to cohabitation. 1 Bl. Com. 94; 1 Addams, R.
305; 3 Hagg. Eccl. R. 619.
TO RESTORE. To return what has been unjustly taken; to place the
owner of a thing in the state in which he formerly was. By restitution is
understood not only the return of the thing itself, but all its accessories. It
is to return the thing and its fruits. Dig. 60, 16, 35, 75 et 246, §1.
RESTRAINING. Narrowing down, making less extensive; as, a
restraining statute, by which the common law is narrowed down or made less
extensive in its operation.
RESTRAINING POWERS. A term used in equity. When the donor of a
power, who is the owner of the estate, imposes certain restrictions by the
terms of the powers, these restrictions are called restraining powers.
RESTRAINT. Something which prevents us from doing what we would
desire to do.
2. Restraint is lawful and unlawful. It is lawful when its object is to
prevent the violation of the law, or the rights of others. It is unlawful when
it is used to prevent others from doing a lawful act; for example, when one
binds himself not to trade generally; but an agreement not to trade in a
particular place is lawful. A legacy given in restraint of marriage, or on
condition that the legatee shall not marry, is good, and the condition alone is
void. The Roman civil law agrees with ours in this respect; a legacy given on
condition that the legatee shall not marry is void. Clef des Lois Rom. mot
Passion. See Condition; Limitation.
RESTRICTIVE INDORSEMENT, contracts. One 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. C. 512; 2
Murph. 138; 1 Bouv. Inst. n. 1138.
RESULTING TRUSTS, estates. Resulting, implied or constructive
trusts, are those which arise in cases where it would be contrary to the
principles of equity that be in whom the property becomes vested, should hold
it otherwise than as a trustee. 2 Atk. 150.
2. As an illustration of this description of a resulting trust, may be
mentioned the case of a contract made for the purchase of a real estate; on the
completion of the contract, a trust immediately results to the purchaser, and
the vendor becomes a trustee for him till the conveyance of the legal estate is
made. Again, when an estate is purchased in the name of one person, and the
purchase money is paid by another, there is a resulting trust in favor of the
person who gave or paid the consideration. Willis on Tr. 55; 1 Cruise, Dig.
tit. 12, s. 40, 41; Ch. Ca. 39; 9 Mod. 78; 7 Ves. 725; 3 Hen. & Munf. 367;
1 Supp. to Ves. jr. 11; Pow. Mortg. Index, h. t.; 2 John. Ch. R. 409, 450; 3
Bibb, R. 15, 506; 4 Munf. R. 222; 1 John. Ch. Rep. 450, 582; Sugd. on Vend. ch.
15, s. 2 Cox, Ch. Rep. 93; Bac. Ab. Trusts, C; Bouv. last. Index, h. t. Vide
RESULTING USE, estates. One which having been limited by deed,
expires or cannot vest; it then returns back to him who raised it, after such
expiration, or during such impossibility.
2. When the legal seisin and possession of land is transferred by any
common law conveyance, and no use is expressly declared, nor any consideration
nor evidence of intent to direct the use, such use shall result back to the
original owner of the estate; for in such case, it cannot be supposed that it
was intended to give away the estate. 2 Bl. Com. 335; Cruise, Dig. t. 11, c. 4,
s. 20, et seq.; Bac. Tracts, Read. on Stat. of Use's, 351; Co. Litt. 23, a.;
Id. 271, a; 2 Binn. R. 387; 3 John. R. 396.
RESUMPTION. To reassume; to promise again; as, the resumption of
payment of specie by the banks is general. It also signifies to take things
back; as the government has resumed the possession of all the lands which have
not been paid for according to the requisitions of the law, and the contract of
the purchasers. Cow. Int. h. t.
RETAIL. To sell by retail, is to sell by small parcels, and not
in the gross. 5 N. S. 279.
RETAILER OF MERCHANDISE. One who deals in merchandise by selling
it in smaller quantities than he buys, generally with a view to profit.
TO RETAIN, practice. To engage the services of an attorney or
counsellor to manage a cause, at which time it is usual to give him a fee,
called the re-taining fee. The act by which the attorney is authorized to act
in the case is called a retainer.
2. Although it is not indispensable that the retainer should be in
writing, unless required by the other side, it is very expedient. It is
therefore recommended, particularly when the client is a stranger, to require
from him a written retainer, signed by himself; and, in order to avoid the
insinuation that it was obtained by contrivance, it should be witnessed by one
or more respectable persons. When there are several plaintiffs, it should be
signed by all and not by one for himself and the others, especially if they are
trustees or assignees of a bankrupt or insolvent. The retainer should also
state whether it be given for a general or a qualified authority. Vide the form
of a retainer in 3 Chit. Pr. 116, note m.
3. There is an implied contract on the part of an attorney who has been
retained, that he will use due diligence in the course of legal proceedings,
but it is not an undertaking to recover a judgment. Wright, R. 446. An attorney
is bound to act with the most scrupulous honor, he ought to disclose to his
client if he has any adverse retainer which may affect his judgment, or his
client's interest; but the concealment of the fact does not necessarily imply
fraud. 3 Mason's R. 305; 2 Greenl. Ev. §139.
RETAINER. The act of withholding what one has in one's own hands
by virtue of some right.
2. An executor or administrator is entitled to retain in certain cases,
for a debt due to him by the estate of a testator or intestate.
3. It is proposed to inquire, 1. Who may retain. 2. Against whom. 3. On
what claims. 4. What amount may be retained.
4. - 1. In inquiring who may retain, it is natural to consider, 1st.
Those cases where there is but one executor or administrator. 2d, Where there
are several, and one of them only has a claim against the estate of the
5. - 1. A sole executor may retain in those cases where, if the debt had
been due to a stranger, such stranger might have sued the executor and
recov-ered judgment; or where the executor might, in the due administration of
the estate, have paid the same. 3 Burr. 1380. He may, therefore, retain a debt
due to himself; 3 Bl. Com. 18; or to himself in right of another; 3 Burr. 1380;
or to another in trust for him; 2 P. Wms. 298: the debt may be retained when
administration is committed to another for the use of the creditor who is a
lunatic; 3 Bac. Abr. 10, n; Com. Dig. Administration, C or an infant entitled
to administration. 4 Ves. 763. An executor may retain if he be the executor of
the first testator; but an executor of one of the executors of the first
tes-tator, the other executor, being still living, is not an executor of the
first testator, and therefore cannot retain. 11 Vin. Abr. 363, An executor may
re-tain before he has proved the will, and if he die after having intermeddled
with the goods of the testator and before probate, his executor has the same
power. 3 P. Wms. 183, and note B.; 11 Vin. Abr. 263.
6. - 2. Where there are several executors, and one has a claim against
the estate of the deceased, he may retain with or without the consent of the
others; Off. Ex. 33; but where several of them have debts of equal degree they
can retain only pro rata. Bac. Abr. Executors, A 9.
7. - II. Against whom. In those cases, 1. Where the deceased was alone
bound. 2. Where he was bound with others. 3. Where the executor of the obligee
is also his executor.
8. - 1. Where the deceased was sole obligor, his executor may clearly
9. - 2. Where two are jointly and severally bound, and one of them
appoints the obligee his executor; Rob. 10; 2 Lev. 73; Bac. Abr. Executors, A
9; Com. Dig. Administration,, C 1; or the obligee takes out letters of
administration to him, the debt is immediately satisfied by way of retainer,
if, the executor or administrator have sufficient assets.
10. - 3. If the obligee make the administrator of the obligor his
executor, it is a discharge of the debt, if the administrator have assets of
the estate of the obligor; but if he have fully administered, or if no assests
to pay the debt came to his hands, it is no discharge, for there is nothing for
him to retain. 8 Serg. & Rawle, 17.
11. - III. On what claims. 1. As to the priority of the claim. 2. As to
12. - 1. In the payment of the debts of a decedent, the law gives a
preference to certain debts over others, an executor cannot, therefore, retain
his debt, while there are unpaid debts of a superior degree, because if he
could have brought an action for the recovery of his claim, he could not have
re-covered in prejudice of such a creditor. 5 Binn. 167 Bac. Ab. Executors, A
9; Com. Dig. Administration, C 2; 1 Hayw. 413. He may retain only where he has
superior claim, or one of equal degree. 3 Bl. Com. 18; 11 Vin. Abr. 261; Com.
Dig. Administration, C 1. And in a case where two men were jointly bound in a
bond, one as principal, the other as surety, after which the principal died
intestate, and the surety took out administration to his estate, the bond being
forfeited, the administrator paid the debt; it was held he could not retain as
a specially creditor because being a party to the bond it became his own debt;
11 Vin. Abr. 265; Godb. 149, Pl. 194; but see 7 Serg. & Rawle, 9; after
having paid the debt, however, he became a simple contract creditor, and might
retain it as such. Com. Dig. Administration, C 2, n.
13. - 2. As to the nature of the claim for which an executor may retain,
it seems that damages which are in their nature arbitrary cannot be retained,
because, till judgment, no man can foretel their amount; such are damages upon
torts. But where damages arise from the breach of a pecuniary contract, there
is a certain measure for them, and such damages may well be retained. 2 Bl.
Rep. 965; and see 3 Munf. 222. A debt barred by the act of limitation may be
retained, for the executor is not bound to plead the act against others, and it
shall, therefore, not operate against him. 1 Madd. Ch. 583.
14. - IV. What amount may be retained. 1. By the common law an executor
is entitled to retain his debt in preference to all other creditors in an equal
degree. 3 Bl. Com. 18; 11 Vin. Abr. 261. This he might do, because he is to be
placed in the situation of the most vigilant creditor, who by suing and
obtaining a judgment might have obtained a preference. Where however, the
exec-utor cannot, by bringing suit, obtain a preference, the reason seems
changed, and therefore in Pennsylvania, when do such preference can be
obtained, the executor is entitled to retain only pro rata with creditors of
the same class. 8 Serg. & Rawle, 17; 5 Binn. 167. A creditor cannot obtain
a reference by bringing suit and obtaining judgment against executors in the
following states, namely: Alabama; 4 Griff. L. R. 582; Connecticut; 3 Griff. L.
R. 75; Illinois; Id. 422; Louisiana;, 4 Griff. L. R. 693; Maine; Id. 1004;
Maryland; Id. 938; Massachusetts; 3 Griff. L. R. 516 Mississippi; 4 Griff. L.
R. 669; Missouri Id. 625; Now Hampshire; 3 Griff. L. R 46; Ohio; Id. 402;
Pennsylvania; Id. 262; 8 Serg. & Rawle, 17; 5 Binn. 1 67; Rhode Island; 8
Griff. L. R. 114; South Carolina; 4 Griff. L. R. 860; Vermont; 3 Griff. L. R.
20. Such a preference can be given by the laws of the following states, namely:
Delaware; 4 Griff. L. R. 1064; Kentucky; Id. 1135; North Carolina; 3 Griff. L.
R. 221; Now Jersey; 4 Griff. L. R. 1282; New York; 3 Griff. L. R, 141;
Tennessee; 4 Griff. L. R. 791; Virginia; 3 Griff. L. R. 360, In Georgia; 3
Griff. L. R. 444; and Indiana.; Id. 467; the matter is doubtful.
15. - 2. Where the estate is solvent an executor may of course retain
for the whole of his debt, with interest.
RETAINER, practice. The act of a client, by which he engages an
attorney or counsellor to manage a cause, either by prosecuting it, when he is
plaintiff, or defending it, when he is defendant.
2. "The effect of a retainer to prosecute or defend a suit," says
Professor Greenleaf; Ev. vol. ii. §141; "is to confer on the attorney all
the powers exercised by the forms and usages of the courts, in which the suit
is pending. He may receive payment; may bring a second suit after being
non-suited in the first for want of formal proof; may sue a writ of error on
the judgment; may discontinue the suit; may restore an action after a non pros;
may claim an appeal and bind his client in his name for the prosecution of it;
way submit the suit to arbitration; may sue out an alias execution; may receive
livery of seisin of land taken by an extent may waive objections to evidence,
and enter into stipulation for the admission of facts or conduct of the trial
and for release of bail; may waive the right of appeal, review, notice, and the
like, and confess judgment. But he has no authority to execute a discharge of a
debtor but upon the actual payment of the full amount of the debt, and that in
money only; nor to release sureties; nor to enter a retraxit; nor to act for
the legal representatives of his deceased client; nor to release a
RETAINING FEE. A fee given to counsel on being consulted in
order to insure his future services.
RETAKING. The taking one's goods, wife, child, &c., from
another, who with-out right has taken possession thereof. Vide Recaption;
RETALIATION. The act by which a nation or individual treats
another in the same manner that the latter has treated them. For example, if a
nation should lay a veryheavy tariff on American goods, the United States would
be justified in return in laying heavy duties on the manufactures and
productions of such country. Vatt. Dr. des Gens, liv. 2, c. 18, §341. Vide
RETENTION, Scottish 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.
2. The right of retention is of two kinds, namely, special or general.
1. Special retention is the right of withholding or retaining property of goods
which are in one's possession under a contract, till indemnified for the labor
or money expended on them. 2. General retention is the right to withhold or
detain the property of another, in respect of any debt which happens to be due
by the proprietor to the person who has the custody; or for a general balance
of accounts arising on a particular train of employment. 2 Bell's Com. 90, 91,
5th ed. Vide Lien.
RETORNO HABENDO. The name of a writ issued to compel a party to
return property which has been adjudged to the other in an action of replevin.
Vide Writ pro retorno habendo.
RETORSION, war. 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 the former, for the purpose
of obtaining the removal of obnoxious measures. Vattel, liv. 2, c. 18,
§341; De Martens, Precis, liv. 8, c. 2, §254; Kluber, Droit dos Gens,
s. 2 c. 1, §234; Mann. Comm. 105.
2. Retorsion signifies also the act by which an individual returns to
his adversary evil for evil; as, if Peter call Paul thief, and Paul says you
are a greater thief.
TO RETRACT. To withdraw a proposition or offer before it has
2. This the party making it has a right to do is long as it has not been
accepted; for no principle of law or equity can, under these circumstances,
require him to persevere in it.
3. The retraction may be express, as when notice is given that the offer
is withdrawn; or, tacit as by the death of the offering party, or his inability
to complete the contract; for then the consent of one of the parties has been
destroyed, before the other has acquired any existence; there can therefore be
no agreement. 16 Toull. 55.
4. After pleading guilty, a defendant will, in certain cases where he
has entered that plea by mistake or in consequence of some error, be allowed to
retract it. But where a prisoner pleaded guilty to a charge of larceny, and
sentence has been passed upon him, he will not be allowed to retract his plea,
and plead not guilty. 9 C. & P. 346; S. C. 38 E. C. L. R. 146; Dig. 12, 4,
RETRAXIT, practice. The act by which a plaintiff withdraws his.
suit; it is so called from the fact that this was the principal word used when
the law entries were in Latin.
2. A retraxit differs from a nonsuit, the former being the act of the
plain-tiff himself, for it cannot even be entered by attorney; 8 Co. 58; 3
Salk.245; 8 P. S. R. 157, 163; and it must be after declaration filed; 3 Leon.
47; 8 P. S. R. 163; while the latter occurs in consequence of the neglect
merely of the plaintiff. A retraxit also differs from a nolle prosequi. (q. v.)
The effect of a retraxit is a bar to all actions of a like or a similar nature;
Bac. Ab. Nonsuit, A; a nolle prosequi is not a bar even in a criminal
prosecution. 2 Mass. R. 172. Vide 2 Sell. Pr. 338; Bac. Abr. Nonsuit; Com. Dig.
Pleader, X 2. Vide article Judgment of retraxit.
RETRIBUTION. 1. That which is given to another to recompense him
for what has been received from him; as a rent for the hire of a house. 2. A
salary paid to a person for his services. 3. The distribution of rewards and
RETROCESSION, civil law. When the assignee of heritable rights
conveys his rights back to the cedent, it is called a retrocession. Erskine,
Prin. B. 3, t. 5, n. 1; Dict. do Jur. h. t.
RETROSPECTIVE. Looking backwards.
2. This word is usually applied to those acts of the legislature, which
are made to operate upon some subject, contract or crime which existed before
the passage of the acts, and they are therefore called retrorospective laws.
These laws are generally unjust and are, to a certain extent, forbidden by that
article in the constitution of the United States, which prohibits the passage
of ex post facto laws or laws impairing contracts.