


                                     R. 

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, Eng. 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 materials. 
     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. Railroad 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 
McMullan, 403. 

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. 1608. 

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 range. 

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 
obedience. 

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 enforced. 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 the ransom. 

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; Penetration. 
     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 under fourteen 
years, if of sufficient mischievous discretion, but even a woman may be 
guilty as principals in the second degree. And the husband 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 matrimonial consent of the wife cannot be retracted, and, 
therefore, her husband 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 degree. 
     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 committing 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, Sec. 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. Sec. 1071. 

RAPPORT A SUCCESSION. A French term used in Louisiana, which is somewhat 
similar in its meaning to our homely term hotchpot. 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 triple 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 a 
division, 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 indemnify 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. Sec. 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. Sec. 250; Paley, Ag. by Lloyd, 
171; 3 Chit. Com. Law, 197. 
     4. The ratification of a lawful contract has a retrospective effect, 
and 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. Sec. 251. Vide Assent, and Ayl. Pand. *386; 18 Vin. Ab. 156; 1 
Liv. on, Ag. c. 2, Sec. 4, p. 44, 47; Story on Ag. Sec. 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 
Treaty. 

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. Law, 812. 

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, Sec. 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 inheritances. 
     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 
administrator 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, R. 387. 

REALTY. An abstract of real, as distinguished from personalty. Realty 
relates to lands and tenements, rents or other hereditaments. Vide Real 
Property. 

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 regles 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; rational. 
     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 
enforced. 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, 157. 

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 longum 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, Sec. 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 interest 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, Sec. 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 lawfully issued. 
     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 
Penal, 209. 

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, 303. 

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 defendant. 
     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 
McCord, 161; and the proof of circumstances may be offered to rebut the most 
positive testimony. 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 
endorsed; 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 reversetur. 

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. (q.v.) 
     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 maritimes, art. 2, Sec. 4. 

RECAPTION, remedies. The act of a person who has been deprived of the 
custody 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 husband 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 Eng. 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. Sec. 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. Sec. 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 offered. 
     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 
chancery 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. Sec. 
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 without 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 
government 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 
misdemeanor 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 
expressed. 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. 4443. 

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 latter. 
     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 impanelled 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 
magistrate 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 Vern. 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 
deposition, and his persistence in the same, 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 another. 
     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 was mistaken. 
     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 recommended 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, Scotch 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.t. 

RECOMPENSE. A reward for services; remuneration for goods or other property. 
     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 himself. 

RECOMPENSE OR 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 husband and wife is proof of 
reconciliation, 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. 516.    
     2. The reconvention of the civil law was a species of cross-bill. 
Story, Eq. Pl. Sec. 402. See Conventio; Bill in chancery. Vide Demand in 
reconvention. 

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 shall 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. Sec. 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 enrollment 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 Murph. 169. 
     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 recompense 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 receiving 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 his work, 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 another. 
     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, Eng. 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.t. 

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, Eng. 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 one. 

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 
prejudice. 
     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 and 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. Table. 

REDUBBERS, crim law. Those who bought stolen cloth, and dyed it of another 
color to prevent its being identified, were anciently so called. 3 Inst. 
134. 

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. Lushington 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. Sec. 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. Sec. 1315; 1 Fonb. 
Eq. B. 1, c. 6, Sec. 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 demised premises. 
     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. 16. 
     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 
perpetuated. 
    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. Sec. 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 
borough-reeve. 

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 tampered 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 Arbitrator; 
Reference. 

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 
former. 

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 ambassador 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 impanelled." 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. 124. 

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 
communication. 

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, H. 

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. 
Robertson'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, and, 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 regidores 
who never exceeded twelve, forming a part of the municipal council or 
ayuntamiento, in every capital of a jurisdiction. 12 Pet. Rep. 442, note. 

REGISTER, evidence. A book containing a record of facts as they occur, kept 
by public authority; a register of births, marriages and burials. 
     2. Although not originally intended for the purposes of evidence, 
public registers are in general admissible to prove the facts to which they 
relate. 
     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, certified 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 wills. 

REGISTER FOR THE PROBATE OF WILLS. An officer in Pennsylvania, who has 
generally 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 
issued. 
     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 royal 
authority. 

REGRATING, crim. law. Every practice or device, by act, conspiracy, words, 
or news, to enhance the price of victuals or other merchandise, is so 
denominated. 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, 6. 

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, 2. 
     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 
interest. 
     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 plaintiff's 
replication. 
     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 
distribution. 
     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 
Construction. 
     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 husband 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 powers. 

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 husband 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 3618. 

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. Sec. 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.-Sec. 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.-Sec. 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. sec, 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. 

RELEGATION, 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. Sec. 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. Vide 
Relevancy. 

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. (q.v.) 

RELIEF, Eng. 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 dread. 
     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 
restrains 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 
victims 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; Theocracy. 

RELIGIOUS TEST. The constitution of the United States, art. 6, s. 3, 
declares 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 Const. Sec. 1841. 

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 
consent of 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 
distinguished into four sorts. 1. Where the remainder depends entirely on a 
contingent 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. 
     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, h.t. 

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 of 
which 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 injury. 
     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 husband in a 
promissory note for X2500, for a debt of her husband, 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 husband, 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 
husband, 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 law." 
     3. Remedies may be considered in relation to 1. The enforcement of 
contracts. 2. The redress of torts or injuries. 
     4.-Sec. 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 received 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 chattel, 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.-Sec. 2. Remedies for the redress of injuries. These remedies are 
either public, by indictment, when the injury to the individual or to his 
property affects the public; or private, when the tort is only injurious to 
the individual. 
    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 
punishment. 
    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 
arbitration, 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 
remedy. 
    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 proceedings, 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 committed. 
    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 regaining 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 retainer. See, as to remedies by act of the parties, 
1 Dane's Ab. c. 2, p. 130. 
    18.-2. When the injury is complete or continuing, the remedies to obtain 
compensation are either specific or in damages. These are summary before 
justices 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 magistrates 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 Chancery. 
    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 
preventive 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 indictment. (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 of Actions. 

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. art. 2195. 
     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, Sec. 2. 
     4. Remission is also used by common lawyers to express 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. 
Sec. 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 another. 

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 prender. 

RENDEZVOUS. A place appointed for meeting. 
     2. Among seamen it is usual when vessels sail under convoy, to have a 
rendezvous in case of dispersion by storm, an enemy, or other accident, 
     3. The place where military men meet and lodge, is also called a 
rendezvous. 

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. n. 800. 

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 husband'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 Ground-rent. 

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 accrued. 
     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 order. 
     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; Fonb. 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 legislative 
act. 
     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 to make 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 "œ30 a year during his 
life;" and in another part of the will he gives to the same legatee "an 
annuity of œ3O 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. It. 259. 
     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. Sec. 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. 239. 

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 
husband 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 husband, 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. 386. 
     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. 168. 
     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, notwithstanding 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, 491. 
     8.-5. As to the judgment, Vide article Judgment in Replevin. Vide, 
generally, 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 plea. 
     2. Replications will be considered, 1. With regard to their several 
kinds. 2. To their form. 3. To their qualities. 
     3.-Sec. 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.-Sec. 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 defendant, 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; Arch. Civ. Pl. 258; 19 Vin. Ab 29; Bac. Ab. 
Trespass, I 4; Doct. Pl. 428; Beames' Pl. in Eq. 247, 325, 326. 
    11.-Sec. 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; 
Pleadings. 

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 report 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 the student. 

                             AMERICAN REPORTS.
                               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.

                              Second Circuit.
Paine's Reports. From 1810 to 1826. 1 vol.

                               Third Circuit.
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.

                              Fourth Circuit.
Marshall's Decisions. From 1802 to 1832, published since the death
     of Chief Justice Marshall, from his manuscripts, by John M. 
     Brockenbrough. 2 vols.

                              Seventh Circuit.
McLean's Reports. From 182 9 to 1845. 3 vols,

                 3. District Courts - District of New York.
Van Ness' Reports. 1 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. 1 vol.

                        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 
     Ware's Reports. 

                               STATE REPORTS.

                                  Alabama.
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.

                                 Arkansas.
Pike's Reports. From 1837 to 1842. 5 vols.

                                Connecticut.
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.

                                 Delaware.
Harrington's Reports. From 1832 to 1847. 4 vols.

                                  Florida.
Florida Reports. From 1846 to 1847. 2 vols.

                                  Georgia.
T. U. P. Charlton'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.

                                 Illinois.
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.

                                  Indiana.
Blackford's Reports. From May, 1817, to May, 1838, inclusive, 7 vols.

                                   Iowa.
Green's Reports. 1 vol.

                                  Kentucky
Hughes' Reports. From 1785 to 1801. 1 vol.
Kentucky Decisions. From 1801 to 1806. 1 vol.
Hardin's Reports. From 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.

                                 Louisiana.
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. 

                                   Maine. 

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 
     vols. 
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. 

                                 Maryland.
Harris & McHenry's Reports. From 1709 to 1799. 4 vols. Sometimes cited 
     Maryland Reports. 
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.
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 Reports. 
Pickering's Reports. From 1832 to March 1840. 24 vols.
Metcalf's Reports. From 1840 to 1848. 1 vols.

                                 Michigan.
Harrington's Reports. 1 vol.
Walker's Chancery Cases. From 1842 to 1845. 1 vol.
Douglass' Reports. From 1843 to 1847. 2 vols.

                                Mississippi.
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.
Missouri Reports. From 1821 to 1846. 9 vols.

                               New Hampshire.
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. 

                                New Jersey.
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.

                                 New York.
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 Prius 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 Reports. From 1806 to 1823. 20 vols.
Cowen's Reports. From 1823 to 1828. 9 vols,
Wendell's Reports. From 1828 to 1841. 26 vols.
Hill's Reports from 1841 to 1845. 7 vols.
John's Chancery Reports. 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.

                               North Carolina
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. 
Devereux & 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.
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.

                               Pennsylvania.
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. from 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. 

                              South Carolina.
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 & McCord'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.
McCord's Reports. From 1820 to 1829. 4 vols.
McCord's Chancery Reports. From 1825 to 1827. 2 vols.
Bailey's Reports. From 1828 to 1832. 2 vols.
Bailey's Chancery. 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. From 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. From 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.
Tennessee Reports. From 1791 to 1815. 2 vols. These cases were reported by 
     John Overton. They are cited Tenn. Rep. Cooke's Reports. From 1811 to 
     1814. 1 vol. 
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.

                                  Vermont.
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.

                                 Virginia.
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. 
     1 vol. 
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.

                                 Wisconsin.
Burritt's Reports. 1 Vol.

                         ENGLISH AND IRISH REPORTS.
6. The following is a chronological list of English and Irish 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 10-5.

     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 Goldesborough, 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.
Goldesborough, 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
Saville, 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 Goldesborough, 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 Chan., 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., Ex. 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, Ex., 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 34.

     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, Chan., 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, Chan., 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, Eccl. 7 to 10.
Hogan, Rolls, (Ireland) 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, Eccl., 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, Bankruptcy, 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 to
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.
Moody & 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 another.
     2. In legislation, it signifies one who has been elected a member 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 
the risk. 
     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, 
something executory. 
     3. There is a material difference between a representation and a 
warranty. 
     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, Sec. 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 
represented. 
     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 fulfill the duties and obligations, which were binding upon them

in those characters. 
     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, Sec. 
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 prisoner. 
     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. Law, 757. 

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. Law, 334. 
     4. Reprisals are divided into negative, when a nation refuses to fulfill

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 satisfaction. 
     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. 
Special 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, Sec. 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, Sec. 342. 

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; Nation; State. 

REPUBLICAN GOVERNMENT. A government in the republican form; a government of 
the people; it is usually put in opposition to a monarchical or aristocratic 
government. 
     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 guaranteed, 
which supposes a form already established, and this is the republican form 
of government the United States have undertaken to protect. See Story, 
Const. Sec. 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 carrying 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 like. 
     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 contract. 
     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, 498. 

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 brought. 
     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, Eng. 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 
strangers, 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 JUDICATA, 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, Things adjudged. 

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 any one. 
     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 C. 
     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 defend. Cowell. 

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 between the same two persons. Co. Litt. 192; 
3 Nels. Ab. 146. 

RESCISSION OF A CONTRACT. The destruction or annulling of a contract. 
     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. s. 
     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, Ibid. 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 Eng. 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. 433. 

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; 
Counterpart; Part. 

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. Sec. 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.v.) 

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 
Vern. 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 
transient 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. (q.v.) 
     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 creditors 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 determined 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 shall 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 time. 

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 maritime 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; Beames' 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 ambassador. 1 Chit. Pl. *433. 

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 privilege 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. Sec. 43; Mackel. Hist. du Dr. Rom. SSSS 40, 49; Hugo, Hist. du Dr. 
Rom. Sec. 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 husband 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, Sec. 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 Trusts; Use. 

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 
retaining 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. Sec. 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 deceased. 
     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 
recovered 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 testator, 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 retain 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 
retain. 
     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 
assets 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 
its nature. 
    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 recovered 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 foretell 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 executor 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. Sec. 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 witness." 

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 
without right has taken possession thereof. Vide Recaption; Rescue. 

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 very heavy 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, Sec. 341. 
Vide Lex talionis. 

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, Sec. 
341; De Martens, Precis, liv. 8, c. 2, Sec. 254; Kluber, Droit dos Gens, s. 
2 c. 1, Sec. 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 been accepted. 
     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, 5. 

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 
plaintiff 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 
punishments. 

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 
retrospective 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. 
     3. The right to pass retrospective laws, with the exceptions above 
mentioned, exists in the several states, according to their own 
constitutions, and become obligatory if not prohibited by the latter. 4 S. & 
R. 364; 3 Dall. R. 396; 1 Bay, R. 179; 7 John. R. 477; vide 4 S. & R. 403; 1 
Binn. R. 601; 3 S. & R. 169; 2 Cranch. R. 272 2 Pet. 414; 8 Pet. 110; 11 
Pet. 420; 1 Bald. R. 74; 5 Penn. St. R. 149. 
     4. An instance may be found in the laws of Connecticut. In 1795, the 
legislature passed a resolve, setting aside a decree of a court of probate 
disapproving of a will and granted a new hearing; it was held that the 
resolve not being against any constitutional principle in that state, was 
valid. 3 Dall. 386. And in Pennsylvania a judgment was opened by the act of 
April 1, 1837, which was holden by the supreme court to be constitutional. 2 
Watts & Serg. 271. 
     5. Laws should never be considered as applying to cases which arose 
previously to their passage, unless the legislature have clearly declared 
such to be their intention. 12 L. R. 352 Vide Barringt. on the Stat. 466, n. 
7 John. R. 477; 1 Kent, Com. 455; Tayl. Civil Law, 168; Code, 1, 14, 7; 
Bracton, lib. 4, fo. 228; Story, Cons. Sec. 1393; 1 McLean, Rep. 40; 1 
Meigs, Rep. 437; 3 Dall. 391; 1 Blackf.R.193; 2 Gallis. R. 139; 1 Yerg. R. 
360; 5 Yerg. R. 320; 12 S. & R. 330; and see Ex post facto. 

RETURN, contracts, remedies. Persons who are beyond the sea are exempted 
from the operation of the statute of limitations of Pennsylvania, and of 
other states, till after a certain time has elapsed after their returning. 
As to what shall be considered a return, see 14 Mass. 203; 1 Gall. 342; 3 
Johns. 263; 3 Wils. 145; 2 Bl. Rep. 723; 3 Littell's Rep. 48; 1 Harr. & 
Johns. 89, 350; 17 Mass. 180. 

RETURN DAY. A day appointed by law when all writs are to be returned which 
have issued since the preceding return day. The sheriff is in general not 
required to return his writ until the return day. After that period he may 
be ruled to make a return. 

RETURN OF WRITS, practice. A short account in writing, made by the sheriff, 
or other ministerial officer, of the manner in which he has executed a writ. 
Steph. on Pl. 24. 
     2. It is the duty of such officer to return all writs on the return 
day; on his neglecting to do so, a rule may be obtained on him to return the 
writ and, if he do not obey the rule, he may be attached for contempt. See 
19 Vin. Ab. 171; Con]. Dig. Return; 2 Lilly's Abr. 476; Wood. b. 1, c. 7; 1 
Penna. R. 497; 1 Rawle, R. 520; 3 Yeates, 17; 3 Yeates, 47; 1 Dall. 439. 

REUS, civil law. This word has two different meanings. 1. A party to a suit, 
whether plaintiff or defendant; Reus est qui cum altero litem contestatem 
habet, sive legit, sive cum eo adum est. 2. A party to a contract; reus 
credendi is be to whom something is due, by whatever title it may be; reus 
debendi is he who owes, for whatever cause. Poth. Pand. lib. 50, h.t. 

REVENDICATION, civil and French law. An action by which a man demands a 
thing of which he claims to be owner. It applies to immovables as well as 
movables; to corporeal or encorporeal things. Merlin, Repert. h.t. 
     2. By the civil law, he who has sold goods for cash or on credit may 
demand them back from the purchaser, if the purchase-money is not paid 
according to contract. The action of revendication is used for this purpose. 
See an attempt to introduce the principle of revendication into our law, in 
2 Hall's Law Journal, 181. 
     3. Revendication, in another sense, corresponds, very nearly, to the 
stoppage in transitu (q.v.) of the common law. It is used in that sense in 
the Code de Commerce, art. 577. Revendication, says that article, can take 
place only when the goods sold are on the way to their place of destination, 
whether by land or water, and before they have been received into the 
warehouse of the insolvent, (failli,) or that of his factor or agent, 
authorized to sell them on account of the insolvent. See Dig. 14, 4, 15;Dig. 
18, 1, 19, 53; Dig. 19, f, 11. 

REVENUE. The income of the government arising from taxation, duties, and the 
like; and, according to some correct lawyers, under the idea of revenue is 
also included the proceeds of the sale of stocks, lands, and other property 
owned by the government. Story, Const. Sec. 877. Vide Money Bills. By 
revenue is also understood the income of private individuals and 
corporations. 

REVERSAL, international law. First. A declaration by which a sovereign 
promises that he will observe a certain order, or certain conditions, which 
have been once established, notwithstanding any changes that may happen to 
cause a deviation therefrom; as, for example, when the French court, 
consented for the first time, in 1745, to grant to Elizabeth, the Czarina of 
Russia, the title of empress, exacted as a reversal, a declaration 
purporting that the assumption of the title of an imperial government, by 
Russia, should not derogate from the rank which France had held towards 
her. Secondly. Those letters are also termed reversals, Litterae Reversales, 
by which a sovereign declares that, by a particular act of his, he does not 
mean to prejudice a third power. Of this we have an example in history: 
formerly, the emperor of Germany, whose coronation, according to the golden 
ball, ought to have been solemnized at Aix-la-Chapelle, gave to that city 
when he was crowned elsewhere, reversals, by which he declared that such 
coronation took place without prejudice to its rights, and without drawing 
any consequences therefrom for the future. 

TO REVERSE, practice. The decision of a superior court by which the judgment,

sentence or decree of the inferior court is annulled. 
     2. After a judgment, sentence or decree has been rendered by the court 
below, a writ of error may be issued from the superior to the inferior 
tribunal, when the record and all proceedings are sent to the supreme court 
on the return to the writ of error. When, on the examination of the record, 
the superior court gives a judgment different from the inferior court, they 
are said to reverse the proceeding. As to the effect of a reversal, see 9 C. 
& P. 513 S, C. 38 E. C. L. Rep. 201. 

REVERSION, estates. The residue of an estate left in the grantor, to 
commence in possession after the determination of some particular estate 
granted out by him; it is also defined to be the return of land to the 
grantor, and his heirs, after the grant is over. Co. Litt. 142, b. 
     2. The reversion arises by operation of law, and not by deed or will, 
and it is a vested interest or estate, and in this it differs from a 
remainder, which can never be limited unless by either deed or devise. 2 Bl. 
Comm. 175; Cruise, Dig. tit. 17; Plowd. 151; 4 Kent, Comm. 349; 19 Vin. Ab. 
217; 4 Com. Dig. 27; 7 Com. Dig. 289: 1 Bro. Civil Law, 213 Wood's Inst. 151 
2 Lill. Ab. 483. A reversion is said to be an incorporeal hereditament. Vide 
4 Kent, Com. 354. See, generally, 1 Hill. Ab. c. 52, p. 418; 2 Bouv. Inst. 
n. 1850, et seq. 

REVERSIONER, estates. One entitled to a reversion.
     2. Although not in actual possession, the reversioner having a vested 
interest in the reversion, is entitled to his action for an injury done to 
the inheritance. 4 Burr. 2141. The reversioner is entitled to the rent, and 
this important incident passes with a grant or assignment of the reversion. 
It is not inseparable from it, and may be severed and excepted out of the 
grant by special words. Co. Litt. 143, a, 151, a, b Cruise, Digest, t. 17, 
s. 19. 

REVERSOR, law of Scotland. A debtor who makes a wadset and to whom the right 
of reversion is granted. Ersk. Pr. L. Scotl. B. 2, t. 8, sect. 1. A 
reversioner. Jacob, L. D. h.t. 

REVERTER. Reversion. A formedon in reverter is a writ which was a proper 
remedy when the donee in tail or issue died without issue and a stranger 
abated: or they who were seised by force of the entail discontinued the 
same. Bac. Ab. Formedon, A 3. 

REVIEW, practice. A second examination of a matter. For example, by the laws 
of Pennsylvania, the courts having jurisdiction of the subject may grant an 
order for a view of a proposed road; the viewers make a report, which when 
confirmed by the court would authorize the laying out of the same. After 
this, by statutory provision, the parties may apply for a review, or second 
examination; and the last viewers may make a different report. For the 
practice of reviews in chancery, the reader is referred to Bill of Review, 
and the cases there cited. 

REVIVAL, contracts. An agreement to renew the legal obligation of a just 
debt, after it has been barred by the act of limitation or lapse of time, is 
called its revival. Vide Promise. 

REVIVAL, practice. The act by which a judgment, which has lain dormant or 
without any action upon it for a year and a day is, at common law, again 
restored to its original force. 

REVIVE, practice. When a judgment is more than a day and a year old, no 
execution can issue upon it at common law; but till it has been paid, or the 
presumption arises from lapse of time, that it has been satisfied, it may be 
revived and have all its original force, which was merely suspended. This 
may be done by a scire facias, or an action of debt on the judgment. Vide 
Scire facias; Wakening. 

REVIVOR. the name of a bill in chancery used to renew an original bill which 
for some reason has become inoperative. Vide Bill of Revivor. 

REVOCATION. The act by which a person having authority, calls back or annuls 
a power, gift, or benefit, which had been bestowed upon another. For 
example, a testator may revoke his testament; a constituent may revoke his 
letter of attorney; a grantor may revoke a grant made by him, when he has 
reserved the power in the deed. 
     2. Revocations are expressed or implied. An express revocation of a 
will must be as formal as the will itself. 2 Dall. 289; 2 Yeates, R. 170. 
But this is not the rule in all the states. See 2 Conn. Rep. 67; 2 Nott & 
McCord, Rep. 485; 14 Mass. 208; 1 Harr. & McHenry, R. 409; Cam. & Norw. Rep. 
174 2 Marsh. Rep. 17. 
     3. Implied revocations take place, by marriage and birth of a child, by 
the English law. 4 Johns. Ch. R. 506, and the cases there cited by 
Chancellor Kent. 1 Wash. Rep. 140; 3 Call, Rep. 341; Cooper's Just. 497, and 
the cases there cited. In Pennsylvania, marriage or birth of a child, is a 
revocation as to them. 3 Binn. 498. A woman's will is revoked by her 
subsequent marriage, if she dies "before her husband. Cruise, Dig. tit. 38, 
c. 6, s. 51. 
     4. An alienation of the estate by the devisor has the same effect of 
revoking a will. 1 Roll. Ab. 615. See generally, as to revoking wills, 
Lovelass on Wills, oh. 3, p. 177 Fonb. Eq. c. 2, s. 1; Robertson Wills, ch. 
2, part 1. 
     5. Revocation of wills may be effected, 1. By cancellation or 
obliteration. 2. By a subsequent testamentary disposition. 3. By an express 
revocation contained in a will or codicil, or in any other distinct writing. 
4. By the republication of a prior will; by presumptive or implied 
revocation. Williams on Wills, 67; 3 Lom. on Ex'rs, 59. Vide Domat, Loix 
Civ. liv. 3, t. 1, s. 5. 
     6. The powers and authority of an attorney or agent may be revoked or 
determined by the acts of the principal; by the acts of the attorney or 
agent; and by operation of law. 
     7.-1. By the acts of the principal, which may be express or implied. 
An express revocation is made by a direct and formal and public declaration, 
or by an informal writing, or by parol. An implied revocation takes place 
when such circumstances occur as manifest the intention of the principal to 
revoke the authority; such, for example, as the appointment of another agent 
or attorney to perform acts which are incompatible with the exercise of the 
power formerly given to another; but this presumption arises only when there 
is such incompatibility, for if the original agent has a general authority, 
and the second only a special power, the revocation will only operate pro 
tanto. The performance by the principal himself of the act which he has 
authorized to be done by his attorney, is another example; as, if the 
authority be to collect a debt, and afterwards the principal receive it 
himself. 
     8.-2. The renunciation of the agency by the attorney will have the 
same effect to determine the authority. 
     9.-3. A revocation of an authority takes place by operation of law. 
This may be done in various ways: 1st. When the agency terminates by lapse 
of time; as, when it is created to endure for a year, it expires at the end 
of that period; or when a letter of attorney is given to transact the 
constituent's business during his absence, the power ceases on his return. 
Poth. du Mandat, n. 119; Poth. Ob. n. 500. 
    10.-2d. When a change of condition of the principal takes place so 
that he is rendered incapable of performing the act himself, the power he 
has delegated to another to do it must cease. Liverm. Ag. 306; 8 Wheat. R, 
174. If an unmarried woman give a power of attorney and afterwards marry, 
the marriage does, ipso facto, operate as a revocation of the authority; 2 
Kent, Com. 645, 3d edit. Story Bailm. Sec. 206; Story, Ag. Sec. 481; 5 East, 
R. 206; or if the principal become insane, at least after the establishment 
of the insanity by an inquisition. 8 Wheat. R. 174, 201 to 204. When the 
principal becomes a bankrupt, his power of attorney in relation to property 
or rights of which he was divested by the bankruptcy, is revoked by 
operation of law. 2 Kent, Com. 644, 3d edit.; 16 East, R. 382. 
    11.-3d. The death of the principal will also have the effect of a 
revocation of the authority. Co. Litt. 52; Paley, Ag. by Lloyd, 185; 2 
Liverm. Ag. 301; Story, Ag. Sec. 488; Story, Bailm. Sec. 203; Bac. Ab. 
Authority, E; 2 Kent, Com. 454, 3d edit.; 3 Chit. Com. Law, 223. 
    12.-4th. When the condition of the agent or attorney has so changed as 
to render him incapable to perform his obligation towards the principal. 
When a married woman is prohibited by her husband from the exercise of an 
authority given to her, it thereby determines. When the agent becomes a 
bankrupt, his authority is so far revoked that he cannot receive any money 
on account of his principal; 5 B. & Ald. 645, 3d edit.; but for certain 
other purposes, the bankruptcy of the agent does not operate as a 
revocation. 3 Meriv. 322; Story, Ag. Sec. 486. The insanity of the agent 
would render him unfit to act in the business of the agency, and would 
determine his authority. 
    13.-5th. The death of the agent puts an end to the agency. Litt. Sec. 
66. 
    14.-6th. The extinction of the subject-matter of the agency, or of the 
principal's power over it, or the complete execution of the trust confided 
to the agent, will put an end to and determine the agency. 
    15. It must be remembered that an authority, coupled with an interest, 
cannot be revoked either by the acts of the principal, or by operation of 
law. 2 Mason's R. 244, 342; 8 Wheat. R. 170; 1 Pet. R. 1; 2 Esp. R. 565; 10 
B. & Cr. 731; Story Ag. Sec. 477, 483. 
    16. It is true in general, a power ceases with the life of the person 
making it; but if the interest or estate passes with the power, and vests in 
the person by whom the power is exercised, such person acts in his own name. 
The estate being in him, passes from him by a conveyance in his own name. 
He is no longer a substitute acting in the name of another, but is the 
principal acting in his own name in pursuance of powers which limit the 
estate. The legal reason which limits the power to the life of the person 
giving it exists no longer, and the rule ceases with the reason on which it 
is founded. 8 Wheat. R. 174. 
    17. The revocation of the agent is a revocation of any substitute he may 
have appointed. Poth. Mandat, n. 112; 2 Liverm. Ag. 307; Story, Ag. Sec. 
469. But in some cases, as in the case of the master of a ship, his death 
does not revoke the power of the mate whom he had appointed; and in some 
cases of public appointments, on the death or removal of the principal 
officer, the deputies appointed by him are, by express provisions in the 
laws, authorized to continue in the performance of their duties. 
    18. The time when the revocation takes effect must be considered, first, 
with regard to the agent, and secondly, as it affects third persons. 1. When 
the revocation can be lawfully made, it takes effect, as to the agent, from 
the moment it is communicated to him. 2. As to third persons, the revocation 
has no effect until it is made known to them; if, therefore, an agent, 
knowing of the revocation of his authority, deal with a third person in the 
name of his late principal, when such person was ignorant of the revocation, 
both the agent and the principal will be bound by his acts. Story, Ag. Sec. 
470; 2 Liverm. Ag. 306; 2 Kent, Com. 644, 3d edit.; Paley, Ag. by Lloyd, 
108, 570; Story, Bailm. Sec. 208; 5 T. R. 215. A note or bill signed, 
accepted or indorsed by a clerk, after his discharge, who had been 
authorized to sign, indorse, or accept bills and notes for his principal 
while in his employ, will be binding upon the latter, unless notice has been 
given of his discharge and the revocation of his authority. 3 Chit. Com. 
Law, 197. 

REVOCATOR. Recalled. This word is used when a judgment is annulled for an 
error in fact, the judgment is then said to be recalled, revocatur; and not 
reversed, which is the word used when a judgment is annulled for an error in 
law. Tidd's Pr. 1126. 

REVOLT, crim. law. The act of congress of April 30, 1790, s. 8, 1 Story's L. 
U. S. 84, punishes with death any seaman who shall lay violent hands upon 
his commander, thereby to hinder or prevent his fighting in defence of his 
ship, or goods committed to his trust, or shall make a revolt in the ship. 
What is a revolt is not defined in the act of congress nor by the common 
law; it was therefore contended, that it could not be deemed an offence for 
which any person could be punished. 1 Pet. R. 118. 
     2. In a case which occurred in the circuit court for the eastern 
district of Pennsylvania, the defendants were charged with an endeavour to 
make a revolt. The judges sent up the case to the supreme court upon a 
certificate of division of opinion of the judges; as to the definition of 
the word revolt. 4 W. C. C. R. 528. The opinion of the supreme court was 
delivered by Washington, J., and is in these words "This case comes before 
the court upon a certificate of division of the opinion of the judges of the 
circuit court for the eastern district of Pennsylvania, upon the following 
point assigned by the defendants as a reason in arrest of judgment, viz. 
that the act of congress does not define the offence of endeavoring to make 
a revolt; and it is not competent to the court to give a judicial definition 
of an offence heretofore unknown. 
     "This court is of opinion that although the act of congress does not 
define this offence, it is nevertheless, competent to the court to give a 
judicial definition of it. We think that the offence consists in the 
endeavor of the crew of a vessel, or any one or more of them, to overthrow 
the legitimate authority of her commander, with intent to remove him from 
his command; or against his will to take possession of the vessel by 
assuming the government and navigation of her; or by transferring their 
obedience from the lawful commander to some other person." 11 Wheat. R. 417. 
Vide 4 W. C. C. R. 528, 405; Mason's R. 147 4 Mason, R. 105; 4 Wash. C. C. 
R. 548 1 Pet. C. C. R. 213; 5 Mason, R. 464; 1 Sumn. 448; 3 Wash. C. C. R. 
525; 1 Carr. & Kirw. 429. 
     3. According to Wolff, revolt and rebellion are nearly synonymous; he 
says it is the state of citizens who unjustly take up arms against the 
prince or government. Wolff, Dr. de la Nat. 1232. 

REWARD. An offer of recompense given by authority of law for the performance 
of some act for the public good; which, when the act has been performed, is 
to be paid; or it is the recompense actually paid. 
     2. A reward may be offered by the government or by a private person. In 
criminal prosecutions, a person may be a competent witness although he 
expects, on conviction of the prisoner, to receive a reward. 1 Leach, 314, n 
9 Barn. & Cresw. 556; S. C. Eng. C. L. R. 441; 1 Leach, 134; 1 Hayw. Rep. 3 
1 Root, R. 249; Stark. Ev. pt. 4, p. 772, 3; Roscoe's Cr. Ev. 104; 1 Chit. 
Cr. Law, 881; Hawk. B. 2, c. 12, s. 21 to 38; 4 Bl. Com. 294; Burn's Just. 
Felony, iv. See 6 Humph. 113. 
     3. By the common law, informers, who are entitled under penal statutes 
to part of the penalty, are not in general competent witnesses. But when a 
statute can receive no execution, unless a party interested be a witness, 
then it seems proper to admit him, for the statute must not be rendered 
ineffectual for want of proof. Gilb. 114. In many acts of the legislature 
there is a provision that the informer shall be a witness, notwithstanding 
the reward. 1 Phil. Ev. 92, 99. 

RHODE ISLAND. The name of one of the original states of the United States of 
America. This state was settled by emigrants from Massachusetts, who assumed 
the government of themselves by a voluntary association, which was soon 
discovered to be insufficient for their protection. In 1643, a charter of 
incorporation of Providence Plantations was obtained; and in 1644, the two 
houses of parliament, during the forced absence of Charles the First, 
granted a charter for the incorporation of the towns of Providence, Newport 
and Portsmouth, for the absolute government of themselves, according to the 
laws of England. Soon after the restoration of Charles the Second, in July, 
1663, the inhabitants obtained a new charter from the crown. Upon the 
accession of James, the inhabitants were accused of a violation of their 
charter; and a quo warranto was filed against them, when they resolved to 
surrender it. In 1686, their government was dissolved, and Sir Edward Andros 
assumed, by royal authority, the administration of the colony. The 
revolution of 1688 put an end to his power and the colony immediately 
resumed its charter, the powers of which, with some interruptions, it 
continued to maintain and exercise down to the period of the American 
Revolution. 

     2. This charter remained as the fundamental law of the state until the 
first Tuesday of May, one thousand eight hundred and forty-three. A 
convention of the people assembled in November, 1842, and adopted a 
constitution which went into operation in May, 1843, as above mentioned. 
     3. By the third article of the constitution the powers of the 
government are distributed into three departments; the legislative, the 
executive, and the judicial. 
     4.-Sec. 1. The fourth article regulates the legislative power as 
follows, to wit: Sect. 1. This constitution shall be the supreme law of the 
state, and any law inconsistent therewith shall be void. The general 
assembly shall pass all laws necessary to carry this constitution into 
effect. 
     5.-Sect. 2. The legislative power, under this constitution, shall be 
vested in two houses, the one to be called the senate, the other the house 
of representatives; and both together the, general assembly. The concurrence 
of the two houses shall be necessary to the enactment of laws. The style of 
their laws shall be, It is enacted by the general assembly as follows. 
     6.-Sect. 3. There shall be two sessions of the general assembly 
holden annually; one at Newport, on the first Tuesday of May, for the 
purposes of election and other business; the other on the last Monday of 
October, which last session shall be holden at South Kingstown once in two 
years, and the intermediate years alternately at Bristol and East Greenwich; 
and an adjournment for the October session shall be holden annually at 
Providence. 
     7.-Sect. 4. No member of the general assembly shall take any fee, or 
be of counsel in any case pending before either house of the general 
assembly, under penalty of forfeiting his seat, upon proof thereof to the 
satisfaction of the house of which he is a member. 
     8.-Sect. 5. The person of every member of the general assembly shall 
be exempt from arrest and his estate from attachment, in any civil action, 
during the session of the general assembly, and two days before the 
commencement, and two days after the termination thereof; and all process 
served contrary hereto shall be void. For any speech in debate in either 
house, no member shall be questioned in any other place. 
     9.-Sect. 6. Each house shall be the judge of the elections and 
qualifications of its members; and a majority shall constitute a quorum to 
do business; but a smaller number may adjourn from day to day, and may 
compel the attendance of absent members, in such manner, and under such 
penalties, as may be prescribed by such house or by law. The organization of 
the two houses may be regulated by law, subject to the limitations contained 
in this constitution. 
    10.-Sect. 7. Each house may determine its rules of proceeding, punish 
contempts, punish its members for disorderly behaviour, and, with the 
concurrence of two-thirds, expel a member; but not a second time for the 
same cause. 
    11.-Sect. 8. Each house shall keep a journal of its proceedings. The 
yeas and nays of the members of either house, shall, at the desire of one-
fifth of those present, be entered on the journal. 
    12.-Sect. 9. Neither house shall, during a session, without the 
consent of the other, adjourn for more than two days, nor to any other place 
than that in which they may be sitting. 
    13.-Sect. 10. The general assembly shall continue to exercise the 
powers they have heretofore exercised, unless prohibited in this 
constitution. 
    14.-Sect. 11. The senators and representatives shall receive the sum 
of one dollar for every day of attendance, and eight cents per mile for 
travelling expenses in going to and returning, from the general assembly. 
The general assembly shall regulate the compensation of the governor and all 
other officers, subject to the limitations contained in this constitution. 
    15.-Sect. 12. All lotteries shall hereafter be prohibited in this 
state, except those already authorized by the general assembly. 
    16.-Sect. 13. The general assembly shall have no power hereafter, 
without the express consent of the people, to incur state debts to an amount 
exceeding fifty thousand dollars, except in time of war, or in case of 
insurrection or invasion, nor shall they in any case, without such consent, 
pledge the faith of the state for the payment of the obligations of others. 
This section shall not be construed to refer to any money that may be 
deposited with this state by the government of the United States. 
    17.-Sect. 14. The assent of two-thirds of the members elected to each 
house of the general assembly shall be required to every bill appropriating 
the public money or property for local or private purposes. 
    18.-Sect. 15. The general assembly shall, from time to time, provide 
for making new valuations of property for the assessment of taxes, in such 
manner as they may deem best. A new estimate of such property shall be taken 
before the first direct state tax, after the adoption of this constitution, 
shall be assessed. 
    19.-Sect. 16. The general assembly may provide by law for the 
continuance in office of any officers of annual election or appointment, 
until other persons are qualified to take their places. 
    20.-Sect. 17. Hereafter when any bill shall be presented to either 
house of the general assembly, to create a corporation for any other than 
for religious, literary or charitable purposes, or for a military or fire 
company, it shall be continued until another election of members of the 
general assembly shall have taken place, and such public notice of the 
pendency thereof shall be given as may be required by law. 
    21.-Sect 18. It shall be the duty of the two houses upon the request 
of either, to join in grand committee for the purpose of electing senators 
in congress, at such times and in such manner as may be prescribed by law 
for said elections. 
    22. Having disposed of the rules which regulate both houses, a detailed 
statement of the powers of the house of representatives will here be given. 
    23.-1. The house of representatives is regulated by the fifth article 
as follows; Sect. 1. The house of representatives shall never exceed 
seventy-two members, and shall be constituted on the basis of population, 
always allowing one representative for a fraction, exceeding half the ratio; 
but each town or city shall always be entitled to at least one member; and 
no town or city shall have more than one-sixth of the whole number of 
members to which the house is hereby limited. The present ratio shall be one 
representative to every fifteen hundred and thirty inhabitants, and the 
general assembly may, after any new census taken by the authority of the 
United States or of this state, re-apportion the representation by altering 
the ratio; but no town or city shall be divided into districts for the 
choice of representatives. 
    25.-Sect. 2. The house of representatives shall have authority to 
elect its speaker, clerks and other officers. The senior member from the 
town of Newport, if any be present, shall preside in the organization of the 
house. 
    26.-2. The senate is the subject of the sixth article, as follows: 
Sect. 1. The senate shall consist of the lieutenant-governor and of one 
senator from each town or city in the state. 
    27.-Sect. 2. The governor, and, in his absence the lieutenant-
governor, shall preside in the senate and in grand committee. The presiding 
officer of the senate and grand committee shall have a right to vote in case 
of equal division, but not otherwise. 
    28. Sect. 3. If, by reason of death, resignation, absence, or other 
cause, there be no governor or lieutenant governor present, to preside in 
the senate, the senate shall elect one of their own members to preside 
during such absence or vacancy, and until such election is made by the 
senate, the secretary of state shall preside. 
    29.-Sect. 4. The secretary of state shall, by virtue of his office, be 
secretary of the senate, unless otherwise provided by law; and the senate 
may elect such other officers as they may deem necessary. 
    30.-Sec. 2. The seventh article regulates the executive power. It 
provides: Sect. 1. The chief executive power of this state shall be vested 
in a governor, who, together with a lieutenant governor, shall be annually 
elected by the people. 
    31.-Sect. 2. The governor shall take care that the laws be faithfully 
executed. 
    32.-Sect. 3. He shall be captain general and commander-in-chief of the 
military and naval force of this state, except when they shall be called 
into the service of the United States. 
    33.-Sect. 4. He shall have power to grant reprieves after conviction, 
in all cases except those of impeachment, until the end of the next session 
of the general assembly. 
    34.-Sect. 5. He may fill vacancies in office not otherwise provided 
for by this constitution, or by law, until the same shall be filled by the 
general assembly, or by the people. 
    35.-Sect. 6. In case of disagreement between the two houses of the 
general assembly, respecting the time or place of adjournment, certified to 
him by either, he may adjourn them to such time and place as he shall think 
proper; provided that the time of adjournment shall not be extended beyond 
the day of the next stated session. 
    36.-Sect. 7. He may, on extraordinary occasions, convene the general 
assembly at any town or city in this state, at any time not provided for by 
law; and in case of danger from the prevalence of epidemic or contagious 
disease, in the place in which the general assembly are by law to meet, or 
to which they may have been adjourned; or for other urgent reasons, he may, 
by proclamation, convene said assembly, at any other place within this 
state. 
    37.-Sec. 8. All commissions shall be in the name and by the authority 
of the state of Rhode Island and Providence Plantations; shall be sealed 
with the state seal, signed by the governor and attested by the secretary. 
    38.-Sect. 9. In case of vacancy in the office of governor, or of his 
inability to serve, impeachment, or absence from the state, the lieutenant 
governor shall fill the office of governor and exercise the powers and 
authority appertaining thereto, until a governor is qualified to act, or 
until the office is filled at the next annual election. 
    39.-Sect. 10. If the offices of governor and lieutenant governor be 
both vacant by reason of death, resignation, impeachment, absence, or 
otherwise, the person entitled to preside over the senate for the time 
being, shall in like manner fill the office of governor during such absence 
or vacancy. 
    40.-Sec. 11. The compensation of the governor and lieutenant governor 
shall be established by law, and shall not be diminished during the term for 
which they are elected. 
    41.-Sect. 12. The duties and powers of the secretary, attorney 
general, and general treasurer, shall be the same under this constitution as 
are now established, or as from time to time may be prescribed by law. 
    42.-Sec. 3. The judicial power is regulated by the tenth article as 
follows: Sect. 1. The judicial power of this state shall be vested in one 
supreme court, and in such inferior courts as the general assembly may from 
time to time, ordain and establish. 
    43.-Sect. 2. The several courts shall have such jurisdiction as, may 
from time to time be prescribed by law. Chancery powers may be conferred on 
the supreme court, but on no other court to any greater extent than is now 
provided by law. 
    44.-Sect. 3. The judges of the supreme court shall in all trials, 
instruct the jury in the law. They shall also give their written opinion 
upon any question of law whenever requested by the governor, or by either 
house of the general assembly. 
    45.-Sect. 4. The judges of the supreme court shall be elected by the 
two houses in grand committee. Each judge shall hold his office until his 
place be declared vacant by a resolution of the general assembly to that 
effect; which resolution shall be voted for by a majority of all the members 
elected to the house in which it may originate, and be concurred in by the 
same majority of the other house. Such resolution shall not be entertained 
at any other than the annual session for the election of public officers: 
and in default of the passage thereof at said session, the judge shall hold 
his place as herein provided. But a judge of any court shall be removed from 
office, if, upon impeachment, he shall be found guilty of any official 
misdemeanor. 
    46.-Sect. 5. In case of vacancy by death, resignation, removal from 
the state or from office, refusal or inability to serve, of any judge of the 
supreme court, the office may be filled by the grand committee, until the 
next annual election, and the judge then elected shall hold his office as 
before provided. In cases of impeachment, or temporary absence or inability, 
the governor may appoint a person to discharge the duties of the office 
during the vacancy caused thereby. 
    47.-Sect. 6. The judges of the supreme court shall receive a 
compensation for their services, which shall not be diminished during their 
continuance in office. 
    48.-Sect. 7. The towns of New Shoreham and Jamestown may continue to 
elect their wardens as heretofore. The other towns and the city of 
Providence, may elect such number of justices of the peace resident therein, 
as they may deem proper. The jurisdiction of said justices and wardens shall 
be regulated by law. The justices shall be commissioned by the governor. 

RHODIAN LAW. A code of marine laws established by the people of Rhodes, 
bears this name. Vide Law Rhodian. 

RIAL OF PLATE, and RIAL OF VELLON, comm. law. Denominations of money of 
Spain. 
     2. In the ad valorem duty upon goods, &c., the former are computed at 
ten cents, and the latter at five cents each. Act of March 2, 1799, s. 61, 1 
Story's Laws U. S. 626. Vide Foreign Coins. 

RIBAUD. A rogue; a vagrant. It is not used.

RIDER, practice, legislation. A schedule or small piece of paper or 
parchment added to some part of the record; as, when, on the reading of a 
bill in the legislature, a new clause is added, this is tacked to the bill 
on a separate piece of paper, and is called a rider. 

RIDING, Eng. law. An ascertained district, part of a county. This term has 
the same meaning in Yorkshire which division has in Lincolnshire. 4 T. R. 
459. 

RIEN. This is a French word which signifies nothing. It has generally this 
meaning; as, rien in arrere; rien passe per le fait, nothing passes by the 
deed; rien per descent, nothing by descent; it sometimes signifies not, as 
rien culpable, not guilty. Doct. Plac. 435. 

RIEN EN ARRERE, pleading. Nothing in arrear; nothing remaining due and 
unpaid. 
     2. The plea in an action of debt for rent, may be rien en arrere. This 
is a good general issue. Cowp. 588: Bac. Ab. Pleas, I; 12 Saund. 297, n. 1; 
2 Lord Raym. 1503; 2 Chit. Pl. 486; 4 Bouv. Inst. n. 3576. 

RIENS PASSA PAR LE FAIT. The name of a plea; it signifies that nothing 
passed by the deed; for example, when a deed is acknowledged in court, a man 
cannot plead non est factum, because the act was done in court, which cannot 
be denied; but when the deed has been acknowledged in a court not having 
jurisdiction, the party may avoid the effect or operation of the deed by 
pleading riens passa par le fait, for this plea does not impeach the court 
where it was acknowledged. Bac. Ab. Evidence F; 1 Gilb. ET. by Lofft, 326. 

RIGHT. This word is used in various senses: 1. Sometimes it signifies a law, 
as when we say that natural right requires us to keep our promises, or that 
it commands restitution, or that it forbids murder. In our language it is 
seldom used in this sense. 2. It sometimes means that quality in our actions 
by which they are denominated just ones. This is usually denominated 
rectitude. 3. It is that quality in a person by which he can do certain 
actions, or possess certain things which belong to him by virtue of some 
title. In this sense, we use it when we say that a man has a right to his 
estate or a right to defend himself. Ruth, Inst. c. 2, Sec. 1, 2, 3; 
Merlin,; Repert. de Jurisp. mot Droit. See Wood's Inst. 119. 
     2. In this latter sense alone, will this word be here considered. Right 
is the correlative of duty, for, wherever one has a right due to him, some 
other must owe him a duty. 1 Toull. n. 96. 
     3. Rights are perfect and imperfect. When the things which we have a 
right to possess or the actions we have a right to do, are or may be fixed 
and determinate, the right is a perfect one; but when the thing or the 
actions are vague and indeterminate, the right is an imperfect one. If a man 
demand his property, which is withheld from him, the right that supports his 
demand is a perfect one; because the thing demanded is, or may be fixed and 
determinate. 
     4. But if a poor man ask relief from those from whom he has reason to 
expect it, the right, which supports his petition, is an imperfect one; 
because the relief which he expects, is a vague indeterminate, thing. Ruth. 
Inst. c. 2, Sec. 4; Grot. lib. 1, c. Sec. 4. 
     5. Rights are also absolute and qualified. A man has an absolute right 
to recover property which belongs to him; an agent has a qualified right to 
recover such property, when it had been entrusted to his care, and which has 
been unlawfully taken out of his possession. Vide Trover. 
     6. Rights might with propriety be also divided into natural and civil 
rights but as all the rights which man has received from nature have been 
modified and acquired anew from the civil law, it is more proper, when 
considering their object, to divide them into political and civil rights. 
     7. Political rights consist in the power to participate, directly or 
indirectly, in the establishment or management of government. These 
political rights are fixed by the constitution. Every citizen has the right 
of voting for public officers, and of being elected; these are the political 
rights which the humblest citizen possesses. 
     8. Civil rights are those which have no relation to the establishment, 
support, or management of the government. These consist in the power of 
acquiring and enjoying property, of exercising the paternal and marital 
powers, and the like. It will be observed that every one, unless deprived of 
them by a sentence of civil death, is in the enjoyment of his civil rights, 
which is not the case with political rights; for an alien, for example, has 
no political, although in the full enjoyment of his civil rights. 
     9. These latter rights are divided into absolute and relative. The 
absolute rights of mankind may be reduced to three principal or primary 
articles: the right of personal security, which consists in a person's legal 
and uninterrupted enjoyment of his life, his limbs, his body, his health, 
and his reputation; the right of personal liberty, which consists in the 
power of locomotion, of changing situation, or removing one's person to 
whatsoever place one's inclination may direct, without any restraint, unless 
by due course of law; the right of property, which consists in the free use, 
enjoyment, and disposal of all his acquisitions, without any control or 
diminution, save only by the laws of the land. 1 Bl. 124 to 139. 
    10. The relative rights are public or private: the first are those which 
subsist between the people and the government, as the right of protection on 
the part of the people, and the right of allegiance which is due by the 
people to the government; the second are the reciprocal rights of husband 
and wife, parent and child, guardian and ward, and master and servant. 
    11. Rights are also divided into legal and equitable. The former are 
those where the party has the legal title to a thing, and in that case, his 
remedy for an infringement of it, is by an action in a court of law. 
Although the person holding the legal title may have no actual interest, but 
hold only as trustee, the suit must be in his name, and not in general, in 
that of the cestui que trust. 1 East, 497 8 T. R. 332; 1 Saund. 158, n. 1; 2 
Bing. 20. The latter, or equitable rights, are those which may be enforced 
in a court of equity by the cestui que trust. See, generally, Bouv. Ins t. 
Index, h.t. Remedy. 

RIGHT OF DISCUSSION, Scottish law. The right which the cautioner (surety) 
has to insist that the creditor shall do his best to compel the performance 
of the contract by the principal debtor, before he shall be called upon. 1 
Bell's Com. 347, 5th ed. Vide 8 Serg. & Rawle, 116; 15 Serg. & Rawle, 29, 30 
and the articles Surety. Suretyship. 

RIGHT OF DIVISION, Scottish law. The right which each of several cautioners 
(sureties) has to refuse to answer for more than his own share of the debt. 
To entitle the cautioner to this right, the other cautioners must be 
solvent, and there must be no words in the bond to exclude it. 1 Bell's Com. 
347, 5th ed. 

RIGHT OF HABITATION. By this term, in Louisiana, is understood the right of 
dwelling gratuitously in a house, the property of another. Civ. Code, art. 
623; 3 Toull. ch. 2, p. 325; 14 Toull. n. 279, p. 330; Poth. h.t., n. 22-
25. 

RIGHT OF RELIEF, Scottish law. The right which the cautioner (surety) has 
against the principal debtor when he has been forced to pay his debt. 1 
Bell's Com. 347, 5th ed. 

RIGHT PATENT. The name of an ancient writ, which Fitzherbert says, "ought to 
be brought of lands and tenements, and not of an advowson, or of common, and 
lieth only of an estate of fee simple, and not for him who has a lesser 
estate, as tenant in tail, tenant in frank marriage, or tenant for life." F. 
N. B. 1. 

RIGHT, WRIT OF. Breve de recto. Vide Writ of light.

RING DROPPING, crim. law. This phrase is applied in England to a trick 
frequently practised in committing larcenies. It is difficult to define it; 
it will be sufficiently exemplified by the following cases. The prisoner, 
with some accomplices, being in company with the prosecutor, pretended to 
find a valuable ring wrapped up in a paper, appearing to be a jeweller's 
receipt for "a rich brilliant diamond ring." They offered to leave the ring 
with the prosecutor, if he would deposit some money and his watch as a 
security. The prosecutor having accordingly laid down his watch and money on 
a table, was beckoned out of the room by one of the confederates, while the 
others took away his watch and money. This was held to amount to a larceny. 
1 Leach, 238; 2 East, P. C. 678. In another case under similar 
circumstances, the prisoner procured from the prosecutor twenty guineas, 
promising to return them the next morning, and leaving the false jewel with 
him. This was also held to be larceny. 1 Leach, 314; 2 East, P. C. 679. In 
these cases the prosecutor had no intention of parting with the property in 
the money or goods stolen. It was taken, in the first case while the 
transaction was proceeding, without his knowledge; and, in the last, under 
the promise that it should be returned. Vide 2 Leach, 640. 

RINGING THE CHANGE, crim. law. A trick practised by a criminal, by which, on 
receiving a good piece of money in payment of an article, he pretends it is 
not good, and, changing it, returns to the buyer a counterfeit one, as in 
the following case: The prosecutor having bargained with the prisoner, who 
was selling fruit about the streets, to have five apricot's for sixpence, 
gave him a good shilling to change. The prisoner put the shilling into his 
mouth, as if to bite it in order to try its goodness, and returning a 
shilling to the prosecutor, told him it was a bad one. The prosecutor gave 
him another good shilling which he also affected to bite, and then returned 
another shilling, saying it was a bad one. The prosecutor gave him another 
good shilling with which he practised this trick a third time the shillings 
returned by him being in every respect, bad. 2 Leach, 64. 
     2. This was held to be an uttering of false money. 1 Russ. on Cr. 114. 

RIOT, crim. law. At common law a riot is a tumultuous disturbance of the 
peace, by three persons or more assembling together of their own authority, 
with an intent, mutually to assist each other against any who shall oppose 
them, in the execution of some enterprise of a private nature, and 
afterwards actually executing the same in a violent and turbulent manner, to 
the terror of the people, whether the act intended were of itself lawful or 
unlawful. 
     2. In this case there must be proved, first, an unlawful assembling; 
for if a number of persons lawfully met together; as, for example, at a 
fire, in a theatre or a church, should suddenly quarrel and fight, the 
offence is an affray and not a riot, because there was no unlawful 
assembling; but if three or more being so assembled, on a dispute occurring, 
they form into parties with promises of mutual assistance, which promises 
may be express, or implied from the circumstances, then the offence will no 
longer be an affray, but a riot; the unlawful combination will amount to an 
assembling within the meaning of the law. In this manner any lawful assembly 
may be converted into a riot. Any one who joins the rioters after they have 
actually commenced, is equally guilty as if he had joined them while 
assembling. 
     3. Secondly, proof must be made of actual violence and force on the 
part of the rioters, or of such circumstances as have an apparent tendency 
to force and violence, and calculated to strike terror into the public mind. 
The definition requires that the offenders should assemble of their own 
authority, in order to create a riot; if, therefore, the parties act under 
the authority of the law, they may use any necessary force to enforce their 
mandate, without committing this offence. 
     4. Thirdly, evidence must be given that the defendants acted in the 
riot, and were participants in the disturbance. Vide 1 Russ. on Cr. 247 Vin. 
Ab. h.t.; Hawk. c. 65, s. 1, 8, 9; 3 Inst. 176; 4 Bl. Com. 146 Com. Dig.
h.t.; Chit. Cr. Law, Index, h.t. Roscoe, Cr. Ev. h.t. 

RIOTOUSLY, pleadings. A technical word properly used in an indictment for a 
riot, and ex vi termini, implies violence. 2 Sess. Cas. 13; 2 Str. 834; 2 
Chit. Cr. Law, 489. 

RIPA. The bank of a river, or the place beyond which the waters do not in 
their natural course overflow. 
     2. An extraordinary overflow does not change the banks of the river. 
Poth. Pand. lib. 50, h.t. See Banks of rivers; Riparian proprietors; 
Rivers. 

RIPARIAN PROPRIETORS, estates. This term, used by the civilians, has been 
adopted by the common lawyers. 4 Mason's Rep. 397. Those who own the land 
bounding upon a water course, are so called. 
     2. Such riparian proprietor owns that portion of the bed of the river 
(not navigable) which is adjoining his land usque ad filum aquce; or, in 
other words, to the thread or central line of the stream. Harg. Tr. 5; 
Holt's R. 499; 3 Dane's Dig. 4; 7 Mass. R. 496; 5 Wend. R. 423; 3 Caines, 
319 2 Conn. 482; 20 Johns. R. 91; Angell, Water Courses, 3 to 10; 9 Porter, 
R. 577: Kames, Eq. part 1, c. 1, s. 1; 26 Wend. R. 404; 11 Stanton, 138; 4 
Hill, 369. The proprietor of land adjoining a navigable river has an 
exclusive right to the soil, between high and low water marks, for the 
purpose of erecting wharves or buildings thereon. 7 Conn. 186. But see 1 
Pennsyl. 462. Vide River. 

RIPUARIAN LAW. A code of laws of the Franks, who occupied the country upon 
the Rhine, the Meuse and Scheldt, who were collectively known by the name 
Ripuarians, and their laws as Ripuarian law. 

RISK. A danger, a peril to which a thing is exposed. The subject will be 
divided by considering, 1. Risks with regard to insurances. 2. Risks in the 
contracts of sale, barter, &c. 
     2.-Sec. 1. In the contract of insurance, the insurer takes upon him 
the risks to which the subject of the insurance is exposed, and agrees to 
indemnify the insured when a loss occurs. This is equally the case in marine 
and terrestrial insurance. But as the rules which govern these several 
contracts are not the same, the subject of marine risks will be considered, 
and, afterwards, of terrestrial risks. 
     3.-1st. Marine risks are perils which are incident to a sea voyage; 1 
Marsh. Ins. 215; or those fortuitous events which may happen in the course 
of the voyage. Poth. Contr. d'assur. n. 49; Pardes. Dr. Com. n. 770. It will 
be proper to consider, 1. Their nature. 2. Their duration. 
     4.-1. The nature of the risks usually insured against. These risks 
may be occasioned by storms, shipwreck, jetsam, prize, pillage, fire, war, 
reprisals, detention by foreign governments, contribution to losses 
experienced for the common benefit, or for expenses which would not have 
taken place if it had not been for such events. But the insurer may by 
special contract limit his responsibility for these risks. He may insure 
against all risks, or only against enumerated risks; for the benefit of 
particular persons, or for whom it may concern. 2 Wash. C. C. R. 346; 1 
John. Cas. 337; 2 John. Cas. 480 1 Pet. 151 2 Mass.,365; 8 Mass. 308. The 
law itself has made some exceptions founded on public policy, which require 
that in certain cases men shall not be permitted to protect themselves 
against some particular perils by insurance; among these are, first, that no 
man can insure any loss or damage proceeding directly from his own fault. 1 
John. Cas. 337; Poth. h.t. n. 65; Pard. h.t. n. 771; Marsh. Ins. 215. 
Secondly, nor can be insure risks or perils of the sea, upon a trade 
forbidden by the laws. Thirdly, the risks excluded by the usual memorandum 
(q.v.) contained in the policy. Marsh. Ins. 221. 
     5. As the insurance is upon maritime risks, the accidents must have 
happened on the sea, unless the agreement include other risks. The loss by 
accidents which might happen on land in the course of the voyage, even when 
the unloading may have been authorized by the policy, or is required by 
local regulations, as where they are necessary for sanitary measures, is not 
borne by the insurer. Pard. Dr. Com. n. 770. 
     6.-2. As to the duration of the risk. The commencement and end of the 
risk depend upon the words of the policy. The insurer may take and modify 
what risks he pleases. The policy may be on a voyage out, or a voyage in, or 
it may be for part of the route, or for a limited time, or from port to 
port. See 3 Kent, Com. 254; Pard. Dr. Com. n. 775; Marsh. 246; 1 Binn. 592. 
The duration of the risk on goods is considered in Marsh. Ins. 247 a; on 
ships, p. 280; on freight, p. 278, and 12 Wheat. 383. 
     7.-2d. In insurances against fire, the risks and losses insured 
against, are all losses or damages by fire; but, as in cases of marine 
insurances, this may be limited as to the things insured, or as to the cause 
or occasion of the accident, and many policies exclude fires caused by a mob 
or the enemies of the commonwealth. The duration of the policy is limited by 
its own provisions. 
     8.-3d. In insurances on lives, the risks are the death of the party 
from whatever cause, but in general the following risks are excepted, 
namely: 1. Death abroad or in a district excluded by the terms of the 
policy. 2. Entering into the naval or military service without the consent 
of the insurer. 3. Death by suicide. 4. Death by duelling. 5. Death by the 
hands of justice. See Insurance on lives. The duration of the risks is 
limited by the terms of the policy. 
     9.-Sec. 2. As a general rule, whenever the sale has been completed; 
the risk of loss of the things sold is upon the buyer; but until it is 
complete, and while something remains to be done by either party, in 
relation to it, the risk is on the seller; as, if the goods are to be 
weighed or measured. See Sale. 
    10. In sales, the risks to which property is exposed and the loss which 
may occur, before the contract is fully complete, must be borne by him in 
whom the title resides: when the bargain, therefore, is made and rendered 
binding by giving earnest, or by part payment, or part delivery, or by a 
compliance with the requisitions of the statute of frauds, the property, and 
with it the risk, attaches to the purchaser. 2 Kent, Com. 392. 
    11. In Louisiana, as soon as the contract of sale is completed, the 
thing sold is at the risk of the buyer, but with the following 
modifications: Until the thing sold is delivered to the buyer, the seller is 
obliged to guard it as a faithful administrator, and if through his want of 
care, the thing is destroyed, or its value diminished, the seller is 
responsible for the loss. He is released from this degree of care, when the 
buyer delays obtaining the possession: but he is still liable for any injury 
which the thing sold may sustain through gross neglect on his part. If it 
is the seller who delays to deliver the thing, and it be destroyed, even by 
a fortuitous event, it is be who sustains the loss, unless it appears that 
the fortuitous event would equally have occasioned the destruction of the 
thing in the buyer's possession, after delivery. Art. 2442-2445. For the 
rules of the civil law on this subject, see Inst. 2, 1, 41; Poth. Contr. de 
Vente, 4eme partie, n. 308, et seq. 

RIVER. A natural collection of waters, arising from springs or fountains, 
which flow in a bed or canal of considerable width and length, towards the 
sea. 
     2. Rivers may be considered as public or private. 
     3. Public rivers are those in which the public have an interest. 
     4. They are either navigable, which, technically understood, signifies 
such rivers in which the tide flows; or not navigable. The soil or bed of 
such a navigable river, understood in this sense, belongs not to the 
riparian proprietor, but to the public. 3 Caines' Rep. 307; 10 John. R. 236; 
17 John. R. 151; 20 John. R. 90; 5 Wend. R. 423; 6 Cowen, R. 518; 14 Serg. & 
Rawle, 9; 1 Rand. Rep. 417; 3 Rand. R. 33; 3 Greenl. R. 269; 2 Conn. R. 481; 
5 Pick. 199. 
     5. Public rivers, not navigable, are those which belong to the people 
in general, as public highways. The soil of these rivers belongs generally, 
to the riparian owner, but the public have the use of the stream, and the 
authors of nuisances and impediments over such a stream are indictable. Ang. 
on Water Courses, 202; Davies' Rep. 152; Callis on Sewers, 78; 4 Burr. 2162. 
     6. By the ordinance of 1787, art. 4, relating to the northwestern 
territory, it is provided that the navigable waters, leading into the 
Mississippi and St. Lawrence, and the carrying places between the same, 
shall be common highways, and forever free. 3 Story, L. U. S. 2077. 
     7. A private river, is one so naturally obstructed, that there is no 
passage for boats; for if it be capable of being so navigated, the public 
may use its waters. 1 McCord's Rep. 580. The soil in general belongs to the 
riparian proprietors. (q.v.) A river, then, may be considered, 1st. As 
private, in the case of shallow and obstructed streams. 2d. As private 
property, but subject to public use, when it can be navigated; and, 3d. As 
public, both with regard to its use and property. Some rivers possess all 
these qualities. The Hudson is mentioned as an instance; in one part it is 
entirely private property; in another the public have the use of it; and it 
is public property from the mouth as high up as the tide flows. Ang. Wat. 
Co. 205, 6. 
     8. In Pennsylvania, it has been held that the great rivers of that 
state, as the Susquehanna, belong to the public, and that the riparian 
proprietor does not own the bed or canal. 2 Binn. R. 75; 14 Serg. & Rawle, 
71. Vide, generally, Civ. Code of Lo. 444; Bac. Ab. Prerogatives, B 3; 7 
Com. Dig. 291; 1 Bro. Civ. Law, 170; Merl. Repert, h.t.; Jacobsen's Sea 
Laws, 417; 2 Hill. Abr. c. 13; 2 Fairf. R. 278 3 Ohio Rep. 496; 6 Mass. R. 
435; 15 John. R. 447; 1 Pet. C. C. Rep. 64; 1 Paige's Rep. 448; 3 Dane's R. 
4; 7 Mass. Rep. 496; 17 Mass. Rep. 289; 5 Greenl. R. 69; 10 Wend. R. 260; 
Kames, Eq. 38; 6 Watts & Serg. 101. As to the boundaries of rivers, see 
Metc. & Perk. Dig. Boundaries, IV.; as to the grant of a river, see 5 Cowen, 
216; Co. Litt. 4 b; Com. Dig. Grant, E 5. 

RIX DOLLAR. The name of a coin. The rix dollar of Bremen, is deemed as money 
of account, at the custom-house, to be of the value of seventy-eight and 
three quarters cents. Act of March 3, 1843. The rix dollar is computed at 
one hundred cents. Act of March 2, 1799, s. 61. Vide Foreign coins. 

RIXA, civil law. A dispute; a quarrel. Dig. 48, 8, 17. 

RIXATRIX. A common scold. (q.v.)

ROAD. A passage through the country for the use of the people. 3 Yeates, 
421. 
     2. Roads are public or private. Public roads are laid out by public 
authority, or dedicated by individuals to public use. The public have the 
use of such roads, but the owner of the land over which they are made and 
the owners of land bounded on the highway, have, prima facie, a fee in such 
highway, ad medium filum vice, subject to the easement in favor of the 
public. 1 Conn. 193; 11 Conn. 60; 2 John. 357 15 John. 447. But where the 
boundary excludes the highway, it is, of course, excluded. 11 Pick. 193. See 
13 Mass. 259. The proprietor of the soil, is therefore entitled to all the 
fruits which grow by its side; 16 Mass. 366, 7; and to all the mineral 
wealth it contains. 1 Rolle, 392, 1. 5; 4 Day, R. 328; 1 Conn'. Rep, 103; 6 
Mass. R. 454; 4 Mass, R. 427; 15 Johns. Rep. 447, 583; 2 Johns. R. 357; Com. 
Dig. Chimin, A 2; 6 Pet. 498; 1 Sumn. 21; 10 Pet. 25; 6 Pick. 57; 6 Mass. 
454; 12 Wend. 98. 
     3. There are public roads, such as turnpikes and railroads, which are 
constructed by public authority, or by corporations. These are kept in good 
order by the respective companies to which they belong, and persons 
travelling on them, with animals and vehicles, are required to pay toll. In 
general these companies have only a right of passage over the land, which 
remains the property, subject to the easement, of the owner at the time the 
road was made or of his heirs or assigns. 
     4. Private roads are, such as are used for private individuals only, 
and are not wanted for the public generally. Sometimes roads of this kind 
are wanted for the accommodation of land otherwise enclosed and without 
access to public roads. The soil of such roads belongs to the owner of the 
land over which they are made. 
     5. Public roads are kept in repair at the public expense, and private 
roads by those who use them. Vide Domain; Way. 13 Mass. 256; 1 Sumn. Rep. 
21; 2 Hill. Ab. c. 7; 1 Pick. R. 122; 2 Mass. R. 127 6 Mass. R. 454; 4 Mass. 
R. 427; 15 Mass. Rep. 33; 3 Rawle, R. 495; 1 N. H. Rep. 16; 1 McCord, R. 67; 
1 Conn. R. 103; 2 John. R. 357; 1 John. Rep. 447; 15 John. R. 483; 4 Day, 
Rep. 330; 2 Bailey, Rep. 271; 1 Burr. 133; 7 B. & Cr. 304; 11 Price R. 736; 
7 Taunt. R. 39; Str. 1004. 1 Shepl. R. 250; 5 Conn. Rep. 528; 8 Pick. R. 
473; Crabb, R. P. Sec. 102-104. 

ROAD, mar. law. A road is defined by Lord Hale to be an open passage of the 
sea, which, from the situation of the adjacent land, and its own depth and 
wideness, affords a secure place for the common riding and anchoring of 
vessels. Hale de Port. Mar. p. 2, c. 2. This word, however, does not appear 
to have a very definite meaning. 2 Chit. Com. Law, 4, 5. 

ROARING. A disease among horses occasioned by the circumstance of the neck 
of the windpipe being too narrow for accelerated respiration; the disorder 
is frequently produced by sore throat or other topical inflammation. 
     2. A horse affected with this malady is rendered less serviceable, and 
he is therefore unsound. 2 Stark. R. 81; S. C. 3 Eng. Com. Law Rep. 255; 2 
Camp. R. 523. 

ROBBER. One who commits a robbery. One who feloniously and forcibly takes 
goods or money to any value from the person of another by violence or 
putting him, in fear. 

ROBBERY, crimes. The felonious and forcible taking from the person of 
another, goods or money to any value, by violence or putting him in fear. 4 
Bl. Com. 243 1 Bald. 102. 
     2. By "taking from the person" is meant not only the immediate taking 
from his person, but also from his presence when it is done with violence 
and against his consent. 1 Hale, P. C. 533; 2 Russ. Crimes, 61. The taking 
must be by violence or putting the owner in fear, but both these 
circumstances need not concur, for if a man should be knocked down and then 
robbed while be is insensible, the offence is still a robbery. 4 Binn. R. 
379. And if the party be put in fear by threats and then robbed, it is not 
necessary there should be any greater violence. 
     3. This offence differs from a larceny from the person in this, that in 
the latter, there is no violence, while in the former the crime is 
incomplete without an actual or constructive force. Id. Vide 2 Swift's Dig. 
298. Prin. Pen. Law, ch. 22, Sec. 4, p. 285; and Carrying away; Invito 
Domino; Larceny; Taking. 

ROD. A measure sixteen feet and a half long; a perch. 

ROGATORY, LETTERS. A kind of commission from a judge authorizing and 
requesting a judge of another jurisdiction to examine a witness. Vide 
Letters Rogatory. 

ROGUE. A French word, which in that language signifies proud, arrogant. In 
some of the ancient English statutes it means an idle, sturdy beggar, which 
is its meaning in law. Rogues are usually punished as vagrants. Although the 
word rogue is a word of reproach, yet to charge one as a rogue is not 
actionable.  5 Binn. 219. See 2 Dev. 162 Hardin, 529. 

ROLE D'EQUIPAGE. The list of a ship's crew; the muster roll.

ROLL. A schedule of parchment which may be turned up with the hand in the 
form of a pipe or tube. Jacob, L. D. h.t. 
     2. In early times, before paper came in common use, parchment was the 
substance employed for making records, and, as the art of bookbinding was 
but little used, economy suggested as the most convenient mode of adding 
sheet to sheet, as were found requisite, and they were tacked together in 
such manner that the whole length might be wound up together in the form of 
spiral rolls. 
     3. Figuratively it signifies the records of a court or office. In 
Pennsylvania the master of the rolls was an officer in whose office were 
recorded the acts of the legislature. 1 Smith's Laws, 46. 

ROOD OF LAND. The fourth part of an acre.

ROOT. That part of a tree or plant under ground from which it draws most of 
its nourishment from the earth. 
     2. When the roots of a tree planted in one man's land extend into that 
of another, this circumstance does not give the latter any right to the 
tree, though such is the doctrine of the civil law; Dig. 41, 1, 7, 13; but 
such person has a right to cut off the roots up to his line. Rolle's R. 394, 
vide Tree. 
     3. In a figurative sense, the term root is used to signify the person 
from whom one or more others are descended. Vide Descent; Per stirpes. 

ROSTER. A list of persons who are in their turn to perform certain duties, 
required of them by law. Tytler, on Courts Mart. 93. 

ROUBLE. The name of a coin. The rouble of Russia, as money of account, is 
deemed and taken at the custom-house, to be of the value of seventy-five 
cents. Act March 3, 1843. 

ROUT, crim. law. A disturbance of the peace by persons assembled together 
with an intention to do a thing, which, if executed, would have made them 
rioters, and actually making a motion towards the execution of their 
purpose. 
     2. It generally agrees in all particulars with a riot, except only in 
this, that it may be a complete offence without the execution of the 
intended enterprise. Hawk. c. 65, s. 14; 1 Russ. on Cr. 253; 4 Bl. Com. 140; 
Vin. Abr. Riots, &c., A 2 Com. Dig. Forcible Entry, D 9. 

ROUTOUSLY, pleadings. A technical word properly used in indictments for a 
rout as descriptive of the offence. 2 Salk. 593. 

ROYAL HONORS. In diplomatic language by this term is understood the rights 
enjoyed by every empire or kingdom in Europe, by the pope, the grand duchies 
of Germany, and the Germanic, and Swiss confederations, to precedence over 
all others who do not enjoy the same rank, with the exclusive right of 
sending to other states public ministers of the first rank, as ambassadors, 
together with other distinctive titles and ceremonies. Vattel, Law of Nat. 
B. 2, c. 3, Sec. 38; Wheat. Intern. Law, pt. 2, c. 3, Sec. 2. 

RUBRIC, civil law. The title or inscription of any law or statute, because 
the copyists formerly drew and painted the title of laws and statutes rubro 
colore, in red letters. Ayl. Pand. B. 1, t. 8; Diet. do Juris. h.t. 

RUDENESS, crim. law. An impolite action; contrary to the usual rules 
observed in society, committed by one person against another. 
     2. This is a relative term which it is difficult to define: those acts 
which one friend might do to another, could not be justified by persons 
altogether unacquainted persons moving in polished society could not be 
permitted to do to each other, what boatmen, hostlers, and such persons 
might perhaps justify. 2 Hagg. Eccl. R. 73. An act done by a gentleman 
towards a lady might be considered rudeness, which, if done by one gentleman 
to another might not be looked upon in that light. Russ. & Ry. 130. 
     3. A person who touches another with rudeness is guilty of a battery. 
(q.v.) 

RULE. This is a metaphorical expression borrowed from mechanics. The rule, 
in its proper and natural sense, is an instrument by means of which may be 
drawn from one point to another, the shortest possible line, which is called 
a straight line. 
     2. The rule is a means of comparison in the arts to judge whether the 
line be straight, as it serves in jurisprudence, to judge whether an action 
be just or unjust, it is just or right, when it agrees with the rule, which 
is the law. It is unjust and wrong, when it deviates from it. lt is the same 
with our will or our intention. 

RULE OF LAW. Rules of law are general maxims, formed by the courts, who 
having observed what is common to many particular cases, announce this 
conformity by a maxim, which is called a rule; because in doubtful and 
unforeseen cases, it is a rule for their decision; it embraces particular 
cases within general principles. Toull. Tit. prel. n. 17; 1 Bl. Com. 44; 
Domat, liv. prel. t. 1, s. 1 Ram on Judgm. 30; 3 Barn. & Adol. 34;  2 Russ. 
R. 216, 580, 581; 4 Russ. R. 305; 10 Price's R. 218, 219, 228; 1 Barn. & Cr. 
86; 7 Bing. R. 280; 1 Ld. Raym. 728; 5 T. R. 5; 4 M. & S. 348. See Maxim. 

RULE OF COURT. An order made by a court having competent jurisdiction. 
     2. Rules of court are either general or special; the former are the 
laws by which the practice of the court is governed; the latter are special 
orders made in particular cases. 
     3. Disobedience to these is punished by giving judgment against the 
disobedient party, or by attachment for contempt. 

RULE TO SHOW CAUSE. An order made by the court, in a particular case, upon 
motion of one of the parties calling upon the other to appear at a 
particular time before the court, to show cause, if any he have, why a 
certain thing should not be done. 
     2. This rule is granted generally upon the oath or affirmation of the 
applicant; but upon the hearing, the evidence of competent witnesses must be 
given to support the rule, and the affidavit of the applicant is 
insufficient. 

RULE OF THE WAR, l756, comm. law, war. A rule relating to neutrals was the 
first rule practically, established in 1756, and universally promulgated, 
that "neutrals are not to carry on in times of war, a trade which was 
interdicted to them in times of peace." Chit. Law of Nat. 166; 2 Rob. n. 
186; 4 Rob. App.; Reeve on Ship. 271; 1 Kent, Com. 82; Mann. Law Nat. 196 
to 202. 

RULE, TERM, English practice. A term rule is in the nature of a day rule, by 
which a prisoner is enabled by the terms of one rule, instead of a daily 
rule, to quit the prison or its rules for the purpose of transacting his 
business. lt is obtained in the same manner as a day rule. See Rules. 

TO RULE. This has several meanings: 1. To determine or decide; as, the court 
rule the point in favor of the plaintiff. 2. To order by rule; as rule to 
plead. 

RULES, English law. The rules of the King's Bench and Fleet are certain 
limits without the actual walls of the prisons, where the prisoner, on 
proper security previously given to the marshal of the king's bench, or 
warden of the fleet, may reside; those limits are considered, for all legal 
and practical purposes, as merely a further extension of the prison walls. 
     2. The rules or permission to reside without the prison, may be 
obtained by any person not committed criminally; 2 Str. R. 845; nor for 
contempt Id. 817; by satisfying the marshal or warden of the security with 
which he may grant such permission. 

RULES OF PRACTICE. Certain orders made by the courts for the purpose of 
regulating the practice of members of the bar and others. 
     2. Every court of record has an inherent power to make rules for the 
transaction of its business; which rules they may from time to time change, 
alter, rescind or repeal. While they are in force they must be applied to 
all cases which fall within them; they can use no discretion, unless such 
discretion is authorized by the rules themselves. Rules of court cannot, of 
course, contravene the constitution or the law of the land. 3 Pick. R. 512; 
2 Har. & John. 79; 1 Pet. S. C. R. 604; 3 Binn. 227, 417; 3 S. & R. 253; 8 
S. & R. 336; 2 Misso. R. 98; 11 S. & R. 131; 5 Pick. R. 187. 

RUMOR. A general public report of certain things, without any certainty as 
to their truth. 
     2. In general, rumor cannot be received in evidence, but when the 
question is whether such rumor existed, and not its truth or falsehood, then 
evidence of it may be given. 

RUNCINUS. A nag. 1 Tho. Co. Litt. 471.

RUNNING DAYS. In settling the lay days, (q.v.) or the days of demurrage, 
(q.v.) the contract sometimes specifies "running days;" by this expression 
is, in general, understood, that the days shall be reckoned like the days in 
a bill of exchange 1 Bell's Comm. 577, 5th ed. 

RUNNING OF THE STATUTE OF LIMITATIONS. A metaphorical expression, by which 
is meant that the time mentioned in the statute of limitations is considered 
as passing. 1 Bouv. Inst. n. 861. 

RUNNING WITH THE LAND. A technical expression applied to covenants real, 
which affect the land; and if a lessee covenants that he and his assigns 
will repair the house demised, or pay a ground-rent, and the lessee grants 
over the term, and the assignee does not repair the house or pay the ground-
rent, an action lies against the assignee at common law, because this 
covenant runs with the land. Bro. Covenant, 32 Rolle's Ab. 522; Bac. Ab. 
Covenant, E 4. 
     2. The same principle which regulates the annexation of incorporeal to 
corporeal property, determines what covenants may be annexed to a tenure. 
Those alone which tend directly, not merely through the intervention of 
collateral causes, to improve the estate, give stability to the tenant's 
title, assure him, from a defective one, or add to the lord's means on the 
one hand, the tenant's on the other, of enforcing the stipulations between 
them, are of this sort. Cro. Eliz. 617; Cro. Jac. 125; 2 H. Bl. 133 T. 
Jones, 144; Cro. Car. 137, 503. 
     3. Covenants running with the land pass with the tenure, though not 
made with assigns. The parties to them are not A and B, but the tenant and 
the landlord in those characters. When the landlord assigns the reversion, 
the assignee becomes lord in his room, fills the precise situation and 
character the assignor was clothed with, and is therefore entitled to the 
privileges annexed to that character. Whether the tenant is sued by the 
landlord or his assigns, be is sued by the same person, namely, his lord. 
The same argument, changing its terms, applies to the tenant's assignee. 5 
Co. 24; Cro. Eliz. 552; 3 Mod. 538; 10 Mod. 152; 12 Mod. 371. 
     4. To make a covenant run with the land, it is not requisite that the 
covenantor should be possessed of any estate; be may be an entire stranger 
to the land, but the covenantee must have some transferable interest in it, 
to which the covenant can attach itself, for otherwise the covenant is 
merely personal. Co. Litt. 385 a; 3 T. R. 393; 2 Sc. 630 2 Bing. N. S. 411. 
And to make the assignee liable, he must take the estate the covenantee had 
in the land, and no other, for when he takes another and a different estate 
in the same land, he cannot sue upon the covenants. 6 East, 289. Vide 
Breach; Covenant. 
     5. A covenant running with the land passes to the heir at law, on the 
death of the ancestor, whether the heir be named in such covenant or not. 2 
Lev. 92; 2 Saund. 367 a. Vide Covenant. 

RUPEE, comm. law. A denomination of money in Bengal. In the computation of 
ad valorem duties, it is valued at fifty-five and one half cents. Act of 
March 2, 1799, s. 61; 1 Story's L. U. S. 627. Vide Foreign coins. 
     2. The rupee of British India as money of account at the custom-house, 
shall be deemed and taken to be of the value of forty-four and one half 
cents. Act of March 3, 1848. 

RURAL. That which relates to the country, as rural servitudes. See Urban. 

RUSE DE GUERRE. Literally a trick in war; a stratagem. It is said to be 
lawful among belligerents, provided it does not involve treachery and 
falsehood. Grot. Droit de la Guerre, liv. 3, c. 1, Sec. 9. 

RUTA, civ. law. The name given to those things which are extracted or taken 
from land, as sand, chalk, coal, and such other things. Poth. Pand. liv. 50, 
h.t. 
