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RACK , punishments. An engine with which to torture a supposed criminal, in order to extort a confession of his sup
RADOUB , French law. This word designates the repairs made to a ship, and a fresh supply of furniture and victuals, m
RAILWAY . A road made with iron rails or other suitable materials. 2. Railways are to be constructed and used as direc
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
RANGE . This word is used in the land laws of the United States to designate the order of the location of such lands
RANK . The order or place in which certain officers are placed in the army and navy, in relation to others, is call
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 vanqui
RAPE , crim. law. The carnal knowledge of a woman by a man forcibly and unlawfully against her will. In order to as
RAPE , division of a country. In the English law, this is a district similar to that of a hundred; but oftentimes c
RAPINE , crim. law. This is almost indistinguishable from robbery. (q. v.) It is the felonious taking of another man'
RAPPORT A SUCCESSION . A French term used in Louisiana, which is somewhat similar in its meaning to our homely term hotch-pot. It i
RASCATL . An opprobrious term, applied to persons of bad character. The law does not presume that a damage has arisen
RASURE . The scratching or scraping a writing, so as to prevent some part of it from being read. The word writing her
RATE . A public valuation or assessment of every man's estate; or the ascertaining how much tax every one shall pay
RATE OF EXCHANGE . Among merchants, by rate of exchange is understood the price at which a bill drawn in one country upon anoth
RATIFICATION , contracts. An agreement to adopt an act performed by another for us. 2. Ratifications are either empress or
RATIFICATION OF TREATIES . The constitution of the United States, art. 2, s. 2, declares that the president shall have power, by and wi
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
RAVISHED , pleadings. In indictments for rape, this technical word must be introduced, for no other word, nor any circu
RAVISHMENT , crim. law. This word has several meanings. 1. It is an unlawful taking of a woman, or an heir in ward. 2. It
RAVISHMENT OF WARD , Eng. law. The marriage of an infant ward, without the consent of the guardian, is called a ravishment of war
RE-DRAFT , comm. law. A bill of exchange drawn at the place where another bill was made payable, and where it was prote
RE-ENTRY , estates. The resuming or retaking possession of land which the-party lately had. 2. Ground rent deeds and le
RE-EXAMINATION . A second examination of a thing. A witness maybe reexamined, in a trial at law, in the discretion of the cou
RE-EXCHANGE , contracts, commerce. The expense incurred by a bill's being dishonored in a foreign country where it is made
RE-INSURANCE , mar. contr. An insurance made by a former insurer, his executors, administrators, or assigns, to protect him
READING . The act of making known the contents of a writing or of a printed document. 2. In order to enable a party to
REAL . A term which is applied to land in its most enlarged signification. Real security, therefore, means the secu
REAL ACTIONS . Those which concern the realty only, being such by which the demandant claims title to have any lands or ten
REAL CONTRACT , com. law. By this term are understood contracts in respect to real property. 3 Rawle, 225. 2. In the civil l
REAL PROPERTY , That which consists of land, and of all rights and profits arising from and annexed to land, of a permanent,
REALITY OF LAWS . Those laws which govern property, whether real or personal, or things; the term is used in persona oppositio
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
REASON . By reason is usually understood that power by which we distinguish truth from falsehood, and right from wron
REASONABLE . Conformable or agreeable to reason; just; rational. 2. An award must be reasonable, for if it be of things
REASONABLE ACT . This term signifies such an act as the law requires. When an act is unnecessary, a party will not be require
REASONABLE TIME . The English law, which in this respect, has been adopted by us, frequently requires things to be done within
REASSURANCE . When an insurer is desirous of lessening his liability, he may procure some other insurer to insure him from
REBATE , mer. law. Discount; the abatement of inferest in consequence of prompt payment. Merch. Dict. h. t.
REBEL . A citizen or subject who unjustly and unlawfully takes up arms against the constituted authorities of the na
REBELLION , crim. law. The taking up arms traitorously against the government and in another, and perhaps a more correct
REBELLION, COMMISSION OF . A commission of rebellion is the name of a writ issuing out of chancery to compel the defendant to appear. V
REBOUTER . To repel or bar. The action of the heir by the warranty of his ancestor, is called to rebut or repel. 2 Tho.
REBUTTER , pleadings. The name of the defendant's answer to the plaintiff's surrejoinder. It is governed by the same ru
REBUTTING EVIDENCE . That which is given by a party in the cause to explain, repel, counteract or disprove facts given in evidenc
RECAPTION , remedies. The act of a person who has been deprived of the cus-tody of another to which he is legally entitl
RECAPTURE , war. By this term is understood the recovery from the enemy, by a friendly force, of a prize by him captured
RECEIPT , contracts. A receipt is an acknowledgment in writing that the party giving the same has received from the pe
RECEIPTOR . In Massachusetts this name is given to the person who, on a trustee process being issued and goods attached,
RECEIVER , chancery practice. A person appointed by a court possessing chan- cery jurisdiction to receive the rents and
RECEIVER OF STOLEN GOODS , crim. law. By statutory provision the receiver of stolen goods knowing them to have been stolen may be punis
RECEPTUS , civil law. The name sometimes given to an arbitrator, because he had been received or chosen to settle the d
RECESSION . A re-grant: the act of returning the title of a country to a go- vernment which formerly held it, by one whi
RECIDIVE , French law. The state of an individual who commits a crime or misdemeanor, after having once been condemned
RECIPROCAL CONTRACT , civil law. One in which the parties enter into mutual engagements. 2. They are divided into perfect and impe
RECIPROCITY . Mutuality; state, quality or character of that which is reciprocal. 2. The states of the Union are bound to
RECITAL , contracts, pleading. The repetition of some former writing, or the statement of something which has been don
RECLAIM . To demand again, to insist upon a right; as, when a defendant for a consideration received from the plaintif
RECOGNISOR , contracts. He who enters into a recognizance.
RECOGNITION , contracts. An acknowledgment that something which has been done by one man in the name of another, was done
RECOGNITORS , Eng. law. The name by which the jurors impanneled on an assize are known. Barnet v. Ihrie, 17 S. & R. 174.
RECOGNIZANCE , contracts. An obligation of record entered into before a court or officer duly authorized for that purpose,
RECOGNIZEE . He for whose use a recognizance has been taken.
RECOLEMENT , French law. The reading and reexamination by a witness of a de-position, and his persistance in the saine, o
RECOMMENDATION . The giving to a person a favorable character of another. 2. When the party giving the character has acted in
RECOMPENSATION , Scolch law. When a party sues for a debt, and the defendant pleads compensation, or set-off, the plaintiff m
RECOMPENSE . A reward for services; remuneration for goods or other property. 2. In maritime law there is a distinction b
RECOMPENSE OP RECOVERY IN VALUE . This phrase, is applied to the matter recovered in a common recovery, after the vouchee has disappeared, and
RECONCILIATION , contracts. The act of bringing persons to agree together, who before, had had some difference. 2. A renewal
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. Reconve
RECORD , evidence. A written memorial made by a public officer authorized by law to perform that function, and intend
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 cou
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.
RECOVERER . The demandant in a common recovery, after judgment has been given in his favor, assumes the name of recovere
RECOVERY . A recovery, in its most extensive sense, is the restoration of a former right, by the solemn judgment of a C
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 o
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
RECTORY , Engl. law. Corporeal real property, consisting of a church, glebe lands and tithes. 1 Chit. Pr. 163.
RECTUS IN CURIA . Right in court. One who stands at the bar, and no one objects any offence, or prefers any charge against him
RECUPERATORES , Roman civil law. A species of judges originally established, it is supposed, to decide controversies between
RECUSANTS, or POPISH RECUSANTS , Engl. law. Persons who refuse to make the declarations against popery, and such as promote, encourage, or pr
RECUSATION , civ. law. A plea or exception by which the defendant requires that the judge having jurisdiction of the caus
REDDENDO SINGULA SINGULIS , construction. By rendering each his own; for example, when two descriptions of property are given together i
REDDENDUM , contracts. A word used substantively, and is that clause in a deed by which the grantor reserves something n
REDEMPTION , contracts. The act of taking back by the seller from the buyer a thing which had been sold subject to th rig
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, wh
REDIDIT SE , Eng. practice. He surrendered himself. This is endorsed on the bail piece when a certificate has been made b
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 dis
REDRESS . The act of receiving satisfaction for an injury sustained. For the mode of obtaining redress, vide Remedies
REDUBBERS , crim law. Those who bought stolen cloth, and dyed it of another color to prevent its being identified, were
REDUNDANCY . Matter introduced in an answer, or pleading, which is foreign to the bill or articles. 2. In the case of Dys
REEVE . The name of an ancient English officer of justice, inferior in rank to an alderman. 2. He was a ministerial
REFALO . A word composed of the three initial syllables re. fa. lo., for recordari facias loquelam. (q. v.) 2 Sell. P
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 call
REFERENCE , contracts. An agreement to submit to certain arbitrators, matters in dispute between two or more parties, fo
REFERENCE , mercantile law. A direction or request by a party who asks a credit to the person from whom he expects it, t
REFERENCE , practice. The act of sending any matter by a court of chancery or one exercising equitable powers, to a mast
REFERENDUM , international law. When an amhassador receives propositions touching an object over which he has no sufficie
REFORM . To reorganize; to rearrange as, the jury "shall be reformed by putting to and taking out of the persons so i
REFORMATION , criminal law. The act of bringing back a criminal to such a sense of justice, so that he may live in society
REFUSAL . The act of declining to receive or to do something. 2. A grantee may refuse a title, vide Assent; one appoin
REGENCY . The authority of the person in monarchical countries invested with the right of governing the state in the n
REGENT . 1. A ruler, a governor. The term is usually applied to one who governs a regency, or rules in the place of a
REGIAM MAJESTATEM . The name of an ancient law book ascribed to David I of Scotland. It is, according to Dr. Robertson, a servil
REGICIDE . The killing of a king, aud, by extension, of a queen. Theorie des Lois Criminelles, vol. 1, p. 300. REGIDOR.
REGIMIENTO . Laws of the Spanish empire of the Indies. The body of regi- dores who never exceeded twelve, forming a part
REGISTER , common law. The certificate of registry granted to the person or persons entitled thereto, by the collector
REGISTER , evidence. A book containing a record of facts as they occur, kept by public authority; a register of births,
REGISTER FOR THE PROBATE OF WILLS . An officer in Pennsylvania, who has gene- rally the same powers that judges of probates and surrogates have
REGISTER OF WRITS . This is a book preserved in the English court of chancery, in which were entered, from time to time, all for
REGISTER or REGISTRAR . An officer authorized by law to keep a record called a register or registry; as the register for the probate
REGISTRARIUS . An ancient name given to a notary. In England this name is confined to designate the officer of some court,
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
REGRESS . Returning; going back opposed to ingress. (q. v.)
REGULAR AND IRREGULAR PROCESS . Regular process is that which has been lawfully issued by a court or magistrate, having competent jurisdicti
REGULAR DEPOSIT . One where the thing deposited must be returned. It is distinguished from an irregular deposit.
REHABILlTATION . The act by which a man is restored to his former ability, of which he had been deprived by a conviction, sen
REHEARING . A second consideration which the court gives to a cause, on a second argument. 2. A rehearing takes place pr
REI INTERVENTUS . When a party is imperfectly bound in an obligation, he may in general, annul such imperfect obligation; but
REISSUABLE NOTES . Bank notes, which after having been once paid, may again be put into circulation, are so called. 2. They can
REJOINDER , pleadings. The name of the defendant's answer to the plaintiff's replication. 2. The general requisites of a
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
RELATION , contracts, construction. When an act is done at one time, and it operates upon the thing as if done at anoth
RELATIONS , kindred. In its most extensive signification, this term includes all the kindred of the person spoken of. In
RELATIVE . One connected with another by blood or affinity; a relation, a kinsman or kinswoman. In an adjective sense,
RELATIVE POWERS . Those which relate to land, so called to distinguish them from those which are collateral to it. 2. These po
RELATIVE RIGHTS . Those to which a person is entitled in consequence of his relation with others such as the rights of a husha
RELATOR . A rehearser or teller; one who, by leave of court, brings an information in the nature of a quo warranto. 2.
RELEASE , contracts. A release is the giving or discharging of a right of action which a man has or may claim against
RELEASE , estates. The "conveyance of a man's interest or right, which he hath unto a thing, to another that hath the
RELEASE . Releases are of two kinds. 1. Such as give up, discharge, or abandon a right of action. 2. Such as convey a
RELEASEE . A person to whom a release is made.
RELEASOR . He who makes a release.
RELEVANCY . By this term is understood the evidence which is applicable to the issue joined; it is relevant when it is a
RELEVANT EVIDENCE . That which is applicable to the issue and which ought to be received; the phrase is used in opposition to ir
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
RELICTION . An increase of the land by the sudden retreat of the sea or a river. 2. Relicted lands arising from the sea
RELIEF , Engl. law. A relief was an incident to every feudal tenure, by way of fine or composition with the lord for
RELIEF , practice. That assistance which a court of chancery will lend to a party to annul a contract tinctured with
RELIGION . Real piety in practice, consisting in the performance of all known duties to God and our fellow men. 2. Ther
RELIGIOUS TEST . The constitution of the United States, art. 6, s. 3, de-clares that "no religious test shall ever be require
RELINQUISHMENT , practice. A forsaking, abandoning, or giving over a right; for example, a plaintiff may relinquish a bad cou
RELOCATION , Scotch law, contracts. To let again to renew a lease, is called a relocation. 2. When a tenant holds over af
REMAINDER , estates. The remnant of an estate in lands or tenements expectant on a particular estate, created together w
REMAINDER-MAN . One who is entitled to the remainder of the estate after a particular estate carved out of it has expired.
REMANDING A CAUSE , practice. The sending it back to the same court out ofwhich it came for the purpose of having some action on
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 proper
REMANET , practice. The causes which are entered for trial, and which cannot be tried during tho term, are remanets. L
REMEDIAL . That which affords a remedy; as, a remedial statute, or one which is made to supply some defects or abridge
REMEDY . The means employed to enforce a right or redress an injury. 2. The importance of selecting a proper remedy i
REMEMBRANCERS ; Eng. law. Officers of the exchequer, whose duty it is to remind the lord treasurer and the justices of that
REMISE . A French word which literally means a surrendering or returning a debt or duty. 2. It is frequently used in
REMISSION , civil law. A release. 2. The remission of the debt is either conventional, when it is expressly granted to t
REMITTANCE , comm. law. Money sent by one merchant to another, either in specie, bill of exchange, draft or otherwise.
REMITTEE , contracts. A person to whom a remittance is made. Story on Bailm. ?75.
REMITTER , estates. To be placed back in possession. 2. When one having a right to lands is out of possession, and aft
REMITTIT DAMNA . An entry on the record by which the plaintiff declares that he remits the damages or a part of the damages w
REMITTITUR DAMNUM, or DAMNA , practice. The act of the plaintiff upon the record, whereby he abates or remits the excess of damages found
REMITTOR , contracts. A person who makes a remittance to another.
REMITTUR OF RECORD . After a record has been removed to the supreme court, and a judgment has been rendered, it is to be remitted
REMONSTRANCE . A petition to a court, or deliberative or legislative body, in which those who have signed it request that s
REMOTE . At a distance; afar off, not immediate. A remote cause is not in general sufficient to charge a man with the
REMOVAL FROM OFFICE . The act of a competent officer or of the legislature which deprives an officer of his office. It may be expr
REMOVER . practice. When a suit or cause is removed out of one court into another, which is effected by writ of error,
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 rend ez
RENEWAL . A change of something old for for something new; as, the renewal of a note; the renewal of a lease. See Nova
RENT , estates, contracts. A certain profit in money, provisions, chattels, or labor, issuing out of lands and tene
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 tenan
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 essenc
RENTE VIAGERE , French law. This term, which is used in Louisiana, signifies an annuity for life. Civ. Code of Lo. art. 2764
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 est
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
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
REPEAL , legislation. The abrogation or destruction of a law by a legislative act. 2. A repeal is express; as when it
REPERTORY . This word is nearly synonymous with inventory, and is so called because its contents are arranged in such or
REPETITION , civil law. The act by which a person demands and seeks to recover what he has paid by mistake, or delivered
REPETITION , construction of wills. A repetition takes place when the same testator, by the same testamentary instrument,
REPETITION , Scotch law. The act of reading over a witness deposition, in order that he may adhere to it, or correct it a
REPLEADER , practice. When an immaterial issue has been formed, the court will order the parties to plead de novo, for t
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.
REPLEVY . To re-deliver goods which have been distrained to the original possessor of them, on his giving pledges in a
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
REPORT , legislation. A statement made by a committee to a legislative assembly, of facts of which they were charged
REPORT , practice. A certificate to the court made by a master in chancery, commissioner or other person appointed by
REPORTER . A person employed in making out and publishing the history of cases decided by the court. 2. The act of cong
REPORTS . Law books, containing a statement of the facts and law of each case which has been decided by the courts; th
REPRESENTATION , insurances. A representation is a collateral statement, either by writing not inserted in the policy, or by
REPRESENTATION , Scotch law. The name of a plea or statement presented to a lord ordinary of the court of sessions, when his
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
REPRESENTATIVE . One who represents or is in the place of another. 2. In legi4lation, it signifies one who has been elected a
REPRESENTATIVE DEMOCRACY . A form of government where the powers of the sovereignty are delegated to a body of men, elected from time t
REPRIEVE , crim. law practice. This term is derived from reprendre, to take back, and signifies the withdrawing of a se
REPRIMAND , punishment. The censure which in some cases a public office pronounces against an offender. 2. This species
REPRISALS , war. The forcibly taking a thing by one nation which belonged to another, in return or satisfaction for a in
REPRISES . The deductions and payments out of lands, annuities, and the like, are called reprises, because they are tak
REPROBATION , eccl. law. The propounding exceptions either against facts, persons or things; as, to allege that certain de
REPUBLIC . A commonwealth; that form of government in which the administration of affairs is open to all the citizens.
REPUBLICAN GOVERNMENT . A government in the republican form; a government of the people; it is usually put in opposition to a monarc
REPUBLICATION . An act done by a testator from which it can be concluded that be intended that an instrument which had been
REPUDIATION . In the civil law this term is used to signify the putting away of a wife or a woman betrothed. 2. Properly d
REPUGNANCY , contracts. That which in a contract, is inconsistent with something already contracted for; as, for example,
REPUGNANCY , pleading. Where the material facts stated in a declaration or other pleading, are inconsistent one with anot
REPUGNANT . That which is contrary to something else; a repugnant condition is one contrary to the contract itself; as,
REPUGNANT CONDITION . One which is contrary to the contract itself; as, if I grant you a house and lot in fee, upon condition that
REPUTATION , evidence. The opinion generally entertained by persons who know another, as to his character, (q. v.) or it
REQUEST , contracts. A notice of a desire on the part of the person making it, that the other party shall do something
REQUEST , pleading. The statement in the plaintiff's declaration that a demand or request has been made by the plainti
REQUEST NOTES , Engl. law. Certain notes or requests from persons amenable to the excise laws, to obtain a permit for removi
REQUISITION . The act of demanding a thing to be done by virtue of some right. 2. The constitution of the United States, a
RES , property. Things. The terms "Res," "Bona," "Biens," used by jurists who have written in the Latin and French
RES GESTA , evidence. The subject matter; thing done. 2. When it is necessary in the course of a cause to inquire into t
RES INTEGRA . An entire thing; an entirely new or untouched matter. This term is applied to those points of law which have
RES INTER ALIOS ACTA , evidence. This is a technical phrase which signifies acts of others, or transactions between others. 2. Neit
RES MANCIPI , Rom. civ. law. Those things which might be sold and alienated, or the property of them transferred from one
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 ha
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 l
RES TUDIC ATA , practice. The decision of a legal or equitable issue, by a court of competent jurisdiction. 2. It is a gener
RES UNIVERSATIS . Those things which belong to cities or municipal corporations are so called; they belong so far to the publi
RESALE . A second sale made of an article; as, for example, if A sell a horse to B, and the latter not having paid, f
RESCEIT . The act of receiving or admitting a third person to plead his right in a cause commenced by two; as when an
RESCEIT or RECEIT . The admission or receiving of a third person to plead his right in a cause formerly commenced between two ot
RESCISSION OF A CONTRACT . The destruction or annulling of a contract. 2. The right to rescind a contract seems to suppose not that the
RESCOUS , crim. law, torts. This word is used synonymously with rescue, (q. v.) and denotes the illegal taking away an
RESCRIPT , conv. A counterpart. 2. In the canon law, by rescripts are understood apostolical letters, which emanate fro
RESCRIPTION , French law. A rescription is a letter by which the maker requests some one to pay a certain sum of money, or
RESCRIPTS , civ. law. The answers of the prince at the request of the parties respecting some matter in dispute between
RESCUE , crim. law. A forcible setting at liberty against law of a person duly arrested. Co. Litt. 160; 1 Chitty's Cr
RESCUE , mar. war. The retaking by a party captured of a prize made by the enemy. There is still another kind of resc
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 gra
RESET OF THEFT , Scotch law. The receiving and keeping of stolen goods knowing them to be stolen, with a design of feloniousl
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
RESIDENT , international law. A minister, according to diplomatic language, of a third order, less in dignity than an a
RESIDENT , persons. A person coming into a place with intention to establish his domicil or permanent residence, and wh
RESIDUARY LEGATEE . He to whom the residuum of the estate is devised or bequeathed by will. Roper on Leg. Index, h. t.; Powell M
RESIDUE . That which remains of something after taking away a part of it; as, the residue of an estate, which is what
RESIGNATION . The act of an officer by which he declines his office, and renounces the further right to use it. It differs
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
RESOLUTION , Civil law. The act by which a contract which existed and was good, is rendered null. 2. Resolution differs e
RESOLUTION . A solemn judgment or decision of a court. This word is frequently used in this sense, in Coke and some of th
RESOLUTORY CONDITION . On which has for its object, when accomplished, the revocation of the principal obligation; for example, I w
RESORT . The authority or jurisdiction of a court. The supreme court of the United States is a court of the last reso
RESPECTABLE WITNESS . One who is competent to testify in a court of justice. To pass lands in Alabama, a will must be attested by
RESPIRATION , Med. jur. Breathing, which consists of the drawing into, inhaling, or more technically, inspiring, atmospher
RESPITE , contracts, civil law. An act by which a debtor who is unable to satisfy his debts at the moment, transacts (
RESPITE , crim. law. A suspension of a sentence, which is to be executed at a future time. It differs from a pardon, w
RESPONDEAT OUSTER . The name of a judgment when an issue in law, arising on a dilatory plea, has been decided for the plaintiff,
RESPONDENT , practice. The party who makes an answer to a bill or other proceeding in chancery. In the civil law, this te
RESPONDENTIA , maritime law. A loan of money on maritime interest, on goods laden on board of a ship, which, in the course
RESPONDERE NON DEBET . The prayer of a plea where the defendant insists that he ought not to answer, as when he claims a privilege;
RESPONSA PRUDENTUM , civil law. Opinions given by Roman lawyers. Before the time of Augustus, every lawyer was authorized de jure
RESPONSALIS , old Eng. law., One who appeared for another in court. Fleta, lib. 6, c., 21. In the ecclesiastical law, this
RESPONSIBILITY . The obligation to answer for an act done, and to repair any injury it may have caused. 2. This obligation a
RESTITUTION , maritime law. The placing back or restoring articles which have been lost by jettison; this is done when the
RESTITUTION , practice. The return of something to the owner of it, or to the person entitled to it. 2. After property has
RESTRAINING . Narrowing down, making less extensive; as, a restraining statute, by which the common law is narrowed down o
RESTRAINING POWERS . A term used in equity. When the donor of a power, who is the owner of the estate, imposes certain restrictio
RESTRAINT . Something which prevents us from doing what we would desire to do. 2. Restraint is lawful and unlawful. It i
RESTRICTIVE INDORSEMENT , contracts. One which confines the negotiability of a promissory note or bill of exchange, by using express w
RESULTING TRUSTS , estates. Resulting, implied or constructive trusts, are those which arise in cases where it would be contrar
RESULTING USE , estates. One which having been limited by deed, expires or cannot vest; it then returns back to him who rais
RESUMPTION . To reassume; to promise again; as, the resumption of payment of specie by the banks is general. It also sign
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 prof
RETAINER , practice. The act of a client, by which he engages an attorney or counsellor to manage a cause, either by pr
RETAINER . The act of withholding what one has in one's own hands by virtue of some right. 2. An executor or administra
RETAINING FEE . A fee given to counsel on being consulted in order to insure his future services.
RETAKING . The taking one's goods, wife, child, &c., from another, who with-out right has taken possession thereof. Vid
RETALIATION . The act by which a nation or individual treats another in the same manner that the latter has treated them.
RETENTION , Scottish law. The right which the possessor of a movable has, of holding the same until he shall be satisfie
RETORNO HABENDO . The name of a writ issued to compel a party to return property which has been adjudged to the other in an ac
RETORSION , war. The name of the act employed by a government to impose the same hard treatment on the citizens or subje
RETRAXIT , practice. The act by which a plaintiff withdraws his. suit; it is so called from the fact that this was the
RETRIBUTION . 1. That which is given to another to recompense him for what has been received from him; as a rent for the h
RETROCESSION , civil law. When the assignee of heritable rights conveys his rights back to the cedent, it is called a retro
RETROSPECTIVE . Looking backwards. 2. This word is usually applied to those acts of the legislature, which are made to opera
RETURN , contracts, remedies. Persons who are beyond the sea are exempted from the operation of the statute of limita
RETURN DAY . A day appointed by law when all writs are to be returned which have issued since the preceding return day. T
RETURN OF WRITS , practice. A short account in writing, made by the sheriff, or other ministerial officer, of the manner in wh
REUS , civil law. This word has two different meanings. 1. A party to a suit, whether plaintiff or defendant; Reus
REVENDICATION , civil and French law. An action by which a man demands a thing of which he claims to be owner. It applies to
REVENUE . The income of the government arising from taxation, duties, and the like; and, according to some correct law
REVERSAL , international law. First. A declaration by which a sovereign promises that he will observe a certain order,
REVERSION , estates. The residue of an estate left in the grantor, to commence in possession after the determination of
REVERSIONER , estates. One entitled to a reversion. 2. Although not in actual possession, the reversioner having a vested
REVERSOR , law of Scotland. A debtor who makes a wadset and to whom the right of reversion is granted. Ersk. Pr. L. Sco
REVERTER . Reversion. A formedon in reverter is a writ which was a proper remedy when the donee in tail or issue died w
REVIEW , practice. A second examination of a matter. For example, by the laws of Pennsylvania, the courts having juri
REVIVAL , contracts. An agreement to renew the legal obligation of a just debt, after it has been barred by the act of
REVIVAL , practice. The act by which a judgment, which has lain dormant or without any action upon it for a year and a
REVIVE , practice. When a judgment is more than a day and a year old, no execution can issue upon it at common law; b
REVIVOR . the name of a bill in chancery used to renew an original bill which for some reason has become inoperative.
REVOCATION . The act by which a person having authority, calls back or annuls a power, gift, or benefit, which had been b
REVOCATOR . Recalled. This word is used when a judgment is annulled for an error in fact, the judgment is then said to b
REVOLT , crim. law. The act of congress of April 30, 1790, s. 8, 1 Story's L. U. S. 84, punishes with death any seama
REWARD . An offer of recompense given by authority of law for the performance of some act for the public good; which,
RHODE ISLAND . The name of one of the original states of the United States of America. This state was settled by emigrants
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 comput
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,
RIDING , Eng. law. An ascertained district, part of a county. This term has the same meaning in Yorkshire which divis
RIEN . This is a French word which signifies nothing. It has generally this meaning; as, rien in arrere; rien passe
RIEN EN ARRERE , pleading. Nothing in arrear; nothing remaining due and unpaid. 2. The plea in an action of debt for rent, ma
RIENS PASSA PAR LE FAIT . The name of a plea; it signifies that nothing pass-ed by the deed; for example, when a deed is acknowledged
RIGHT . This word is used in various senses: 1. Sometimes it signifies a law, as when we say that natural right requ
RIGHT OF DISCUSSION , Scottish law. The right which the cautioner (surety) has to insist that the creditor shall do his best to co
RIGHT OF DIVISION , Scottish law. The right which each of several cautioners (sureties) has to refuse to answer for more than hi
RIGHT OF HABITATION . By this term, in Louisiana, is understood the right of dwelling gratuitously in a house, the property of ano
RIGHT OF RELIEF , Scottish law. The right which the cautioner (surety) has against the principal debtor when he has been force
RIGHT PATENT . The name of an ancient writ, which Fitzherbert says, "ought to be brought of lands and tenements, and not of
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
RINGING THE CHANGE , crim. law. A trick practised by a criminal, by which, on receiving a good piece of money in payment of an ar
RIOT , crim. law. At common law a riot is a tumultuous disturbance of the peace, by three persons or more assemblin
RIOTOUSLY , pleadings. A technical word properly used in an indictment for a riot, and ex vi termini, implies violence.
RIPA . The bank of a river, or the place beyond which the waters do not in their natural course overflow. 2. An ext
RIPARIAN PROPRIETORS , estates. This term, used by the civilians, has been adopted by the common lawyers. 4 Mason's Rep. 397. Those
RIPUARIAN LAW . A code of laws of the Franks, who occupied the country upon the Rhine, the Meuse and Scheldt, who were colle
RISK . A danger, a peril to which a thing is exposed. The subject will be divided by considering, 1. Risks with reg
RIVER . A natural collection of waters, arising from springs or fountains, which flow in a bed or canal of considera
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 t
RIXA , civil law. A dispute; a quarrel. Dig. 48, 8, 17.
RIXATRIX . A common scold. (q. v.)
ROAD , mar. law. A road is defined by Lord Hale to be an open passage of the sea, which, from the situation of the
ROAD . A passage through the country for the use of the people. 3 Yeates, 421. 2. Roads are public or private. Publ
ROARING . A disease among horses occasioned by the circumstance of the neck of the windpipe being too narrow for accel
ROBBER . One who commits a robbery. One who feloniously and forcibly takes goods or money to any value from the perso
ROBBERY , crimes. The felonious and forcible taking from the person of another, goods or money to any value, by violen
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 wi
ROGUE . A French word, which in that language signifies proud, arrogant. In some of the ancient English statutes it
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.
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. Whe
ROSTER . A list of persons who are in their turn to perform certain duties, required of them by law. Tytler , on Cour
ROUBLE . The name of a coin. The rouble of Russia, as money of account, is deemed and taken at the custom-house, to b
ROUT , crim. law. A disturbance of the peace by persons assembled together with an intention to do a thing, which,
ROUTOUSLY , pleadings. A technical word properly used in indictments for a rout as descriptive of the offence. 2 Salk. 5
ROYAL HONORS . In diploniatic language by this term is understood the rights enjoyed by every empire or kingdom in Europe,
RUBRIC , civil law. The title or inscription of any law or statute, because the copyists formerly drew and painted th
RUDENESS , crim. law. An impolite action; contrary to the usual rules observed in society, committed by one person agai
RULE . This is a metaphorical expression borrowed from mechanics. The rule, in its proper and natural sense, is an
RULE OF COURT . An order made by a court having competent jurisdiction. 2. Rules of court are either general or special; the
RULE OF LAW . Rules of law are general maxims, formed by the courts, who having observed what is common to many particular
RULE OF THE WAR , l756, comm. law, war. A rule relating to neutrals was the first rule practically, established in 1756, and u
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 t
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
RULES , English law. The rules of the King's Bench and Fleet are certain limits without the actual walls of the pris
RULES OF PRACTICE . Certain orders made by the courts for the purpose of regulating the practice of members of the bar and other
RUMOR . A general public report of certain things, without any certainty as to their truth. 2. In general, rumor can
RUNCINUS . A nag. 1 Tho. Co. Litt. 471.
RUNNING DAYS . In settling the lay days, (q. v.) or the days of demiurrage, (q. v.) the contract sometimes specifies "runni
RUNNING OF THE STATUTE OF LIMITATIONS . A metaphorical expression, by which is meant that the time mentioned in the statute of limitations is consid
RUNNING WITH THE LAND . A technical expression applied to covenants real, which affect the land; and if a lessee covenants that he a
RUPEE , comm. law. A denomination of money in Bengal. In the computation of ad valorem duties, it is valued at fifty
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 invo
RUTA , civ. law. The name given to those things which are extracted or taken from land, as sand, chalk, coal, and s



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