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Bouvier's Law Dictionary

Renouncing Probate
Renouncing Probate. Giving Up The Right To Be Executor Of A Will, Wherein He Has Been Appointed To That Office, By Refusing To Take Out Probate Of Such Will. 1 Will. Exec. 230, 231. It Is Usually Done By Writing Filed In The Probate Office. Rent (lat. Reditus, A Return). ...

Reorganization
Reorganization. A Term In Common Use To Denote The Carrying Out, By Proper Agreements And Legal Proceedings, Of A Busi Ness Plan For Winding Up The Affairs Of, Or Foreclosing A Mortgage Or Mortgages Upon The Property Of, Insolvent Corporations, More Frequently Railroad Companies. It Is Usually By The Judicial ...

Repairs
Repairs. That Work Which Is Done To Property To Keep It In Good Order. To Restore To A Sound State After Decay, Injury, Dilapidation, Or Partial Injury; State V. R. Co., 85 Mo. 263, 55 Am. Rep. 361; To Be Synonymous With "make And Keep Up" ; 23 Ind. 281; ...

Repeal
Repeal. The Abrogation Or Destruction Of A Law By A Legislative Act. A Repeal Is Express, As, When It Is Literally Declared By A Subsequent Law, Or Implied, When The New Law Contains Provisions Con Trary To Or Irreconcilable With Those Of The Former Law. The Power To Revoke Or ...

Repleade R
Repleade R. Making A New Series Of Pleadings. Judgment Of Repleaders Differs From A Judg Ment Non Obstante Veredicto In This : That It Is Allowed By The Court To Do Justice Between The Parties Where The Defect Is In The Form Or Manner Of Stating The Right, And The ...

Replevin
Replevin. A Form Of Action Which Lies To Regain The Possession Of Personal Chattels Which Have Been Taken From The Plaintiff Un Lawfully. The Action Originally Lay For The Of Recovering Chattels Taken As A Distras, But Has Acquired A Much More Extended Use. In England And Most Of The ...

Replication
Replication (lat. Replicare, To Fold Back.) The Plaintiff's Answer To The Defend Ant's Plea Or Answer. In Equity. The Plaintiff's Avoidance Or De Nial Of The Answer Or Defence. Story, Eq. Pl. 877. A General Replication Is A General Denial Of The Truth Of The Defendant's Plea Or Answer, ...

Representation
Representation. In Insurance. The Stating Of Facts By Either Of The Parties To A Policy Of Insurance, To The Other, Whether In Writing Or Orally, Expressly Or By Plain Implication, Preliminary And In Reference To Nikking The Insurance, Obviously Tending To Influence The Other As To Entering Into The Contract. ...

Representative
Representative. One Who Represents Or Is In The Place Of Another. In The Law Of Decedents' Estates Any Per Son Who Has Succeeded To The Rights Of The Decedent, Whether By Purchase, Descent, Or Operation Of Law. Kroh V. Heins, 48 Neb. 691, 67 N. W. 771. A Representative Of ...

Reprisals
Reprisals. The Forcible Taking By One Nation Of A Thing Which Belonged To Another, In Return Or Satisfaction For An Injury Com Mitted By The Latter On The Former. Vattel, B. 2, C. 18, S. 342 ; 1 Bla. Com. C. 7. Positive Reprisals Consist In Seizing The Per Sons ...

Reputation
Reputation. The Opinion Generally En Tertained In Regard To The Character Or Con Dition Of A Person By Those Who Know Him Or His Family. The Opinion Generally Enter.. Tained By Those Who May Be Supposed To Be Acquainted With A Fact. In General, Reputation Is Evidence To Prove A ...

Request
Request. Within The Provision Of The Con Stitution Of A Religious Society Providing That A Change Therein Cannot Be Granted Except At The Request Of Two-thirds Of The Society, A Vote Was Held Not A Request. Philomath College V. Wyatt, 27 Or. 390, 31 Pac. 216, 37 Pac. 1022, 26 ...

Requisites
Requisites. There Must Have Been A De Livery Of The Property Into The Possession Of The Party Claiming The Lien, Or His Agent ; 3 Term 119 ; 6 East 25, N. Where A Person, In Pursuance Of The Au Thority And Directions Of The Owner Of Prop Erty, ...

Requisites And Validity
Requisites And Validity. To Be Valid, Judicial Judgment Must Be Given By A Tent Judge Or .court, At A Time And Place Pointed By Law, And In The Form It Requires. A Judgment Would Be Null If The Judge Had Not Jurisdiction Of The Matter, Or, Having Such Jurisdiction, He ...

Res G Est
Res G Est /e (lat.). Transaction; Thing Done ; The Subject-matter. Those Circumstances Which Are The Auto Matic And Undesigned Incidents Of A Partic Ular Litigated Act, And Which Are Admissible In Evidence When Illustrative Of Such Act. Whart. Ev. ; People V. Wong Ark, 96 Cal. 125, 30 Pac. ...

Res Ipsa Loquit Ur
Res Ipsa Loquit Ur (lat. The Transac Tion Speak For Itself). A Phrase Often Used In Actions For Injury By Negligence Where No Proof Of Negligence Is Required Beyond The Ac Cident Itself, Which Is Such As Necessarily To Involve Negligence. See 5 Ex. 787. It Is Thus Defined By ...

Res Judicata
Res Judicata (lat. The Matter Has Been Adjudged). A Legal Or Equitable Issue Which Has Been Decided By A Court Of Competent Ju Risdiction. When One Is Barred In Any Action, Real Or Personal, By Judgment, Demurrer, Confession, Or Verdict, He Is Bound As To That Or A Like Action ...

Res Judicata
Res Judicata - "is Whether It Be Precisely The Same Cause Of Action In Both, Appearing By Proper Averments In A Plea, Or By Proper Facts Stat Ed In A Special Verdict, Or A Special Case." "and One Great Criterion," He Adds, "of This Identity Is That The Same Evidence ...

Rescission Of Contracts
Rescission Of Contracts. The Ab Rogation Or Annulling Of Contracts. It May Take Place By Mutual Consent; Ans. Contr. 258; And This Consent May Be Inferred From Acts; 4 Mann. & G. 898; Goodrich V. Laffiin, 1 Pick. (mass.) 57; Quincy V. Tilton, 5 Greenl. (me.) 277; Flegal V. Hoover, ...

Reserve
Reserve. The National Bank Act Di Rects That All National Banks In The Sixteen Largest Cities Shall At All Times Have On Hand, In Lawful Money Of The United States, An Amount Equal To At Least Twenty-five Per Cent. Of The Aggregate Amount Of Its Notes In Cir Culation And ...

Residence
Residence. Personal Presence In A Fixed Permanent Abode. Roosevelt V. Kellogg, 20 Johns. (n. Y.) 208 ; Sears V. Bos Ton, 1 Mete. (mass.) 251. A Residence Is Different From A Domicil, Al Though It Is A Matter Of Great Importance In Determining The Place Of Domicil. The Essen Tial ...

Resources Mineral Lands
Mineral Lands, Resources, And Claims; Location Of, Under U. S. Laws. The Exist Ing Provisions And Regulations Relative To The Acquisition Of Mineral Lands, The Title Of Which Is In The Government, Are To Be Found In U. S. R. S. 2318-2352, And In 1 Supp. R. S. ...

Respondentia
Respondentia. In Maritime Law. A Loan Of Money, On Maritime Interest, On Goods Laden On Board Of A Ship, Upon The Con Dition That If The Goods Be Wholly Lost In The Course Of The Voyage, By Any Of The Perils Enumerated In The Contract, The Lender Shall Lose His ...

Restitution
Restitution. The Placing Back Or Re Storing Articles Which Have Been Lost By Jet Tison: This Is Done, When The Remainder Of The Cargo Has Been Saved, At The General Charge Of The Owners Of The Cargo ; But When The Remainder Of The Goods Is Afterwards Lost, There Is ...

Restraint Of Marriage
Restraint Of Marriage. Conditions Attached To Gifts Or Bequests To A Person Who Has Never Been Married, In General Restraint Of Marriage, Are Void ; Chit. Const. 619 ; So Is An Agreement Not To Marry Any One Ex Cept A Particular Person ; 4 Burr. 2225. The Gift Or ...

Restraint Of Princes And
Restraint Of Princes And Rulers. A Phrase Used In The Exceptions To Bills Of Lading, Importing A Limitation Upon The Liabil Ity Of A Ship-owner Under The Contract. The Words Apply Only To The Ruling Power Of A Country And Not To Pirates Or Any Lawless Power; 4 Term 783 ...

Resulting Trust
Resulting Trust. A Trust Raised By Implication Or Construction Of Law, And Pre Sumed To Exist From The Supposed Intention Of The Parties And The Nature Of The Transac Tion. All Trusts Created By Implication Or Con Struction Of Law Are Often Included Under The General Term Implied Trusts ; ...

Retainer
Retainer. The Act Of Withholding What One Has In One's Own Hands, By Virtue Of Some Right. See Executors And Adminis Trators. "if An Executor Has As Much Goods In His Hands As His Own Debt Amounts To, The Prop Erty Of Those Goods Is Altered And Rests In Himself ...

Retrospective
Retrospective. Looking Backward. Having Reference To A State Of Things Exist Ing Before The Act In Question. This Word Is Usually Applied To Those Acts Of The Legislature Which Are Made To Oper Ate Upon Some Subject, Contract, Or Crime Which Existed Before The Passage Of The Acts ; And ...

Reversion
Reversion. The Residue Of An Estate Left In The Grantor, To Commence In Possession After The Determination Of Some Particular Estate Granted Out By Him. The Return Of Land To The Grantor And His Heirs After The Grant Is Over. Co. Litt. 142 B; 2 Bla. Corn. 175 ; 4 ...

Revised Statutes Of The
Revised Statutes Of The United States. The Revised Statutes Were Enact Ed June 22, 1874, And, When Printed In 1875, Embraced The Laws, General And Permanent In Their Nature, In Force December 1, 1873. A Second Edition Was Completed In The Latter Part Of 1878, And Includes Only The Specific ...

Revocation
Revocation. The Recall Of A Power Or Authority Conferred, Or The Vacating Of An In Strument Previously Made. An Act Of The Mind Demonstrated By Some Outward And Visible Sign. Graham V. Burch, 47 Minn. 171, 49 N. W. 697, 28 Am. St. Rep. 339. Revocation Of Grants. Grants May ...

Revolt
Revolt. The Endeavor Of The Crew Of A Vessel, Or Auy One Or More Of Them, To Over Throw The Legitimate Authority Of Her Com Mander, With Intent To Remove Him From His Command, Or Against His Will To Take Posses Sion Of The Vessel By, Assuming The Govern Ment ...

Rewar D
Rewar D. The 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. The Recompense Actually So Paid. The Offer May Be Made To An Individual ; Franklin V. Heiser, 6 ...

Rhode Island
Rhode Island. One Of The Original Thirteen States Of The United States Of Amer Ica ; Its Full Style Being, "the State Of Rhode Island And Providence Plantations." Its Territory Lies Between Massachusetts And Con Necticut, In The Southwest Angle Of That Portion Of The Territory Of The Former State ...

Right
Right. A Well-founded Claim. If People Believe That Humanity Itself Establishes Or Proves Certain Claims, Either Upon Fellow-be Ings, Or Upon Society Or Government, They Call These Claims Human Rights ; If They Believe That These Claims Inhere In The Very Nature Of Man Himself, They Called Them Inherent, Inalienable ...

Right Of Search
Search, Right Of. In International Law. In Time Of Peace. The Right Of A Pub Lic Vessel To Visit And Search Private Vessels For The Purpose Of Investigating Their Char Acter. Within The Territorial Waters Of A State It May Be Exercised By The Public Ves Sels Of Said State ...

Riohts
Riohts Ann Duties. General Rules. Good Faith, Reasonable Diligence And Skill, And The Exercise Of A Sound Judgment And Discre Tion, Lie At The Very Foundation Of The Rela Tion Of Partnership. In This Respect The Same General Rules Apply To Partners Which Are Applicable To The Other Fiduciary Rela ...

Riot
Riot. A Tumultuous Disturbance Of The Peace By Three Persons Or More, Assembling Together Of Their Own Authority With An In Tent 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 ...

Riparian Proprietors
Riparian Proprietors. Those Who Own The Lands Bounding Upon A Watercourse. Tyler V. Wilkinson, 4 Mas. 397, Fed. Cas. No. 14,312. "one Whose Land Is Bounded By A Navigable Stream." Potomac Steamboat Co. V. Steam Boat Co., 109 U. S. 672, 686, 3 Sup. Ct. 445, 4 Sup. Ct. 15, ...

Risks And Perils
Risks And Perils. In Insurance. Those Causes Against Loss From Which The Insurer Is To Be Protected In Virtue Of The Contract For Insurance. The Risk Or Peril In A Life Policy Is Death ; Under A Fire Policy, Damage By Fire; And Under A Marine Policy, By Perils Of ...

River
River. A Natural Stream Of Water Flow Ing Betwixt Banks Or Walls In A Bed Of Con Siderable Depth And Width, Being So Called. Whether Its Current Sets Always One Way Or Flows And Reflows With The Tide. Woolrych, Wat. 40 ; State V. Gilmanton, 14 N. H. 467. A ...

Robbery
Robbery. The Felonious And Forcible Taking From The Person Of Another, Goods Or Money To Any Value, By Violence Or Putting Him In Fear. 4 Bla. Com. 243; 13. S. V. Wil Son, Baldw. 102, Fed. Cas. No. 16,730. See Brown V. State, 33 Neb. 354, 50 N. W. 154. ...

Roll
Roll. A Schedule Of Parchment Which May Be Turned Up By The Hand In The Form Of A Pipe Or Tube. Jacob, Law Dict.; Col Man V. Shattuck, 2 Hun (n. Y.) 502. In Early Times, Before Paper Came In Ymmon Use, Parchment Was The Substance Employed For Making Records, ...

Rolling Stock
Rolling Stock. Rolling Stock Has Been Held In Some Cases To Be A Fixture, So Far As To Pass Under A Mortgage Of The Realty ; Eliz Abethtown & P. R. Co. V. Elizabethtown, 12 Bush (ky.) 233 ; Farmers' Loan & Trust Co. V. Ry. Co., 3 Dill. 412, ...

Rule In Shelleys Case
Shelley's Case, Rule In. "when The Ancestor, By Any Gift Or Conveyance, Taketh An Estate Of Freehold, And In The Same Gift Or Conveyance An Estate Is Limited, Either Mediately Or Immediately, To His Heirs In Fee Or In Tail, The Heirs Are Words Of Limitation Of The Estate, And ...

Rules And Maxims
Rules And Maxims. In The Administra Tion Of The Jurisdiction, There Are Certain Rules And Maxims Which Are Of Special Sig Nificance. First. Equity Having Once Had Jurisdic Tion Of A Subject-matter Because There Was No Remedy At Law, Or Because The Remedy Is Inadequate, Does Not Lose The Jurisdiction ...

Rules Of Navigation
Navigation, Rules Of. Rules And Regulations Which Goveru The Motions Of Or Vessels When Approaching Each Oth Ler Under Such Circumstances That A Collision May Possibly Ensue. These Rules Are Firmly Maintained In The United States Courts. A Federal Question Is Presented By A Ruling Of A State Court Which ...

Rules Of Practice
Rules Of Practice. Certain Orders Made By The Courts For The Purpose Of Regu Lating The Practice Of Members Of The Bar And Others. Every Court Of Record Has An Inherent Pow Er To Make Rules For The Transaction Of Its Business; Which Rules They May From Time To Time ...

Safe Deposit Company
Safe Deposit Company. A Company Which Maintains Vaults For The Deposit And Safe-keeping Of Valuables In Which Compart Ments Or Boxes Are Rented To Customers Who Have Exclusive Access Thereto, Subject To The Oversight And Under The Rules And Regulations Of The Company. It Was Formerly The Custom For Banks ...