Obrazy na stronie

REVEST. To place one in the possession of anything of which he has been divested, or put out of possession. See 1 Roper, Husband and Wife, 353. It is opposed to DIVEST.

REVIEW, BILL OF. A bill filed to reverse a decree in Chancery, which, after it has been duly inrolled, a party may find good grounds for having reversed, either from error apparent on the face of it, or from new facts discovered since the decree was made, or at least since publication passed in the cause, and which consequently could not be used when the decree was made. 2 Dan. Ch. 1422 ; Hunter's Suit in Eq. 182. This bill is an alternative remedy with an appeal to the House of Lords.

See also title RE-HEARING, REVIEW, COMMISSION OF. A commission sometimes granted in extraordinary cases to reverse the sentence of the Court of Delegates when it was apprehended they had been led into a material


REVE, or GREEVE-continued. gerefa, a prefect). The bailiff of a franchise or manor; hence, sbire-reve is used for a sheriff, &c. Cowel.

REVELAND. Such land as having reverted to the king after the death of his thane, who had it for life, was not afterwards granted out to any other person by the king, but remained in charge on the account of the reve or bailiff of the manor, who it seems usually kept the profit of it himself, till it was discovered and presented to the king. Domesday; Spelman on Feuds.


REVERSAL OF JUDGMENT. The annulling or making a judgment void on account of some error in the same.

REVERSION. That which reverts or returns to a person. An estate in reversion is defined, or rather described, by Lord Coke to be “the returning of the land to the grantor or his heirs after the grant is determined.” The idea of a reversion is founded on the principle that where a person has not parted with his whole estate or interest in a piece of land, all that which he has not given away remains in him, and the possession of the land reverts or returns to him upon the determination of the preceding estate. Thus, if a person who is seised in fee of lands conveys them to A. for life, he still retains the fee simple of the lands, because he has not parted with it; but as that fee simple can only return or fall into possession upon the determination or ending of the preceding estate (i.e., of A.'s estate for life), it is only a fee simple estate in reversion. So that, perhaps, a reversion may be shortly defined as "the residue of an estate left in the grantor.” The interest which a man has in lands in reversion is commonly called a reversionary interest. 2 Cruise, 395, 396.

REVERSIONARY INTEREST. The right, title, or.interest, which a person has in or to the reversion of lands or other property. A right to the future enjoyment of property at present in the possession or occupation of another is also frequently so called.

See title REVERSION.

These are no longer to be set aside on the ground of undervalue merely (31 Vict. c. 4); but this statute does not affect the jurisdiction of Courts of Equity over improper sales by uuwary young men. Tyler y. Yates, L. R. 6 Ch, 665.


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REVIEW, COURT OF. A Court established by 1 & 2 Will. 4, c. 56, for the adjudicating upon such matters in bankruptcy as before were within the jurisdiction of the Lord Chancellor. It formed a constituent and most important part of the Court of Chancery, and exercised a general jurisdiction in bankruptcy, the same as had theretofore been exercised by the Lord Chancellor; and all such matters to be heard and determined in the Court of Review were to be subject to an appeal to the Lord Chancellor on matters of Law and Equity, or on the refusal or admission of evidence. This Court has long ceased to exist, and in lieu of it there is an appeal to the Lords Justices in Chancery, or in matters of unusual legal importance) to the Lord Chancellor and Lords Justices together. See Bankruptcy Act, 1869. REVIEWING TAXATION.

The retaxing or re-examining an attorney's bill of costs by the Master. The Courts sometimes order the Masters to review their taxation, when, on being applied to for that purpose, it appears that items havo been allowed or disallowed on some erroneous principle, or under some mistaken impression. Arch. Pract.

REVIVING. In law signifies much the same as it does in its popular sense, viz., renewing, calling to life again, &c. Thus, when a certain time (formerly a year and a day, but now six years) has elapsed after judgment is signed, without execu

tion being sued out upon it, the law pre| sumes that the judgment has been exe


REVIVING-continued. cuted, or that the plaintiff has released the execution; and the plaintiff, in order to sue out execution, must in that case first revive the judgment against the defendant by a wiit of scire facias, or now, under the C. L. P. Act, 1852, s. 129, either by suing out a writ of revivor, or (with the leave of the Court or a judge), by merely entering a suggestion upon the roll to the effect that it manifestly appears to the Court that the party applying for leave is entitled to have execution of the judgment and to issue execution thereon (2 Arch. Prac. 1133). And by s. 134 of the same Act, a writ of revivor to revive a judgment less than ten years old shall be allowed without any rule or order : if more than ten years old, not without a rule of Court or a judge's order; nor if more than fifteen years old, without a rule to shew cause.

REVIVOR, BILL OF. A bill in Chancery which is filed for the purpose of reviving or calling into operation the proceedings in a suit, when, from some circumstances (as for instance, the death of a plaintiff), the suit hus abated. It is not, however, in all cases that the death of a party abates the suit; for it is a general rule, that wherever the right of the party dying survives to his co-plaintiff or co-defendant, and the cause is in the same condition after the party's death as it was before, then the suit does not abate, and consequently does not require to be revived. There are also many provisions under recent statutes enacting that certain events shall not abate the suit, and providing for the continuance thereof without the trouble of resorting to a bill of reviyor,

See title ABATEMENT. REVOCATION, POWER OF. to revoke or call back something granted. As if any one makes a cnveyance of any lands, with a clause of revocation, at his will and pleasure, of such conveyance; here the clause by which such person re. serves to himself the power of revoking such conveyance is termed a power of revocation. 4 Cruise, 466.

RIDER. A rider, or rider-roll, signifies a schedule or small piece of parchment annexed to some part of a roll or record. It is frequently familiarly used for any kind of schedule or writiny annexed to a document which cannot well be incorporated in the body of such document. Thus, in passing bills through Parliament, when a new clause is added after the bill has passed through committee, such new clause is termed a rider.

RIDINGS. The three great divisions

RIDINGS—continued. of the county of York are called the North, West, and East Ridings. The word " riding” is said to be a corruption of trithing, meaning the third part of a county.

RIENS ARREAR (nothing in arrear). A kind of plea used in an action of debt upon arrearages of account, by which the defendant alleges that there is nothing in

Cowel. RIENS PER DESCENT (nothing by descent). A plea pleaded by an heir to an action brought against him for debt due by his ancestor to the plaintiff, signifying that he has received nothing from his ancestor, and therefore is not liable for his ancestor's debt.

RIGHT (jus). A lawful title or claim to anything

RIGHT, WRIT OF: See title WRIT OF Rigur.

RIGHT CLOSE, WRIT OF. A writ which the king's tenants in ancient demesne were entitled to, in order to try the right of their property in a peculiar Court of their own, called a Court of ancient demesne.

RIGHT TO BEGIN. This is the phrase which denotes the right of the one or other party to an action or suit to open the case.

It involves the right to reply ; the reply being often most effective, especially in trials before a jury, it is sometimes a considerable advantage to the party who has the right to begin. The general rule deciding the matter is the following := Supposing no evidence were adduced on either side, the party against whom the verdict would be given has the right to begin. This rule, however, does not mean that the defendant (if it sliould so happen) must open the pleadings; for in every case, without one exception, these are opened by the plaintiff or his counsel. The rule bas therefore reference to the evidence merely. There are the three following principal applications of the rule :

(1.) The plaintiff begins, if the onus of proving any one of the issues rests on him ;

(2.) The defendant begins, if the onus of proving not a single issue rests on the plaintiff, but all of them on the defendant; and

(3.) Where the burden of proving all the issues lies on the defendant, and the burden of proving the amount of the damage only lies on the plaintiff, then the plaintiff begins (Carter v. Jones, 6 C. & P. 64), although formerly the rule in that case was that the defendant should begin. Cooper v. Wakley, 3 C. & P. 474.

The power

RINGS, GIVING. A custom observed by serjeants-at-law on being called to that degree or order. These rings bear the inscription of some motto selected by the serjeant about to take the new degree. Thus we find it noted in 2 Q. B. Rep. 425, that Cresswell Cresswell, of the Inner Temple, Esq., was appointed a judge of the Common Pleas, in Hilary Term, 5 Vict., being first called to the degree of serjeant-at-law, when he gave rings with the inotto “ Leges juraque.

RIOT. If three or more persons assemble together with an intent mutually to assist each other against any one who shall oppose them in the execution of some enterprise of a private nature, with force or violence against the peace, or to the manifest terror of the people, whether the act intended were of itself lawful or unlawful, and though they after depart of their own accord without doing anything, it is an unlawful assembly. If after their first meeting they move forward towards the execution of their intended purpose, whether they actually execute that purpose or not, this, according to general opinion, is a rout. And if they put it into execution, then it is a riot. And if any person encourages, promotes, or takes part in such riot, whether by words, signs, or gestures, or by wearing the badges or ensigns of the rioters, he is considered a rioter.

Hawk. c. 65, s. 1; Arch. Crim. Law, 811.

ROBBERY-continued. him in fear. 1 Hawk. P. C. 25 : Arch. Crim. Law, 412.

See also title LARCENY. ROLL. A schedule or sheet of parchment on which legal proceelings are entered. Thus, the roll of parchment on which the issue is entered is termed the issue roll. So the rolls of a manor, wherein the names, rents, and services of the tenants are copied and inrolled, are termed the Court rolls. There are also various other rolls, as those which contain the records of the High Court of Chancery, which are kept in the Rolls Office of the Chancery; those which contain the registers of the proceedings of our old Parliaments, and which are called rolls of Parliament; that in the Inner and Middle Temple, called the calves-head roll, whereiu every bencher was taxed annually 28., every barrister 18. 6d., and every gentleman under the bar 18., to the cook and other officers of the house, in consideration of a calves'-head dinner provided for them in Easter Term, &c. Orig. Jur. 199; Cowel.


ROYAL ASSENT. The royal assent is the last form through which a bill goes previously to becoming an Act of Parliament; it is, in the words of Lord Hale, " the complement and perfection of a law.” The royal assent is given either by the queen in person, or by royal commission by the queen herself signed with her own hand. It is rarely given in person, except at the end of the session, when the queen attends to prorogue Parliament.

See title LE ROY LE VEUT. ROYAL FISH. The whale and sturgeon are so called; and these, wheneither thrown ashore or caught near to the shore, belong to the Crown.

ROYAL MINES. Those mines which are properly royal, and to which the king is entitled when found, are only those of gold and silver.

ROYALTIES. The rights or prerogatives of the king are so called (see title PREROGATIVE). The dues of the lessor or landlord of mines are also called royalties, apparently in analogy to the superiorities of the Crown.

RULE. This word is used in various senses. In its most common acceptation it signifies an order made by the Court at the instance of one of the parties in a suit, usually commanding the opposite party to do some act, or to slew cause why some act sliould not be done. A rule of this

RIVERS. With reference to naviyable rivers, see title NAVIGATION. The law as to non-navigable rivers is as follows:

(1.) The soil, usque ad medium filum vix, usually belongs to the adjoining proprietors on each side of the river, and that in proportion to their estates along the bank. Bickett v. Morris, L. R. 1 H. L., Sc. 47.

(2.) Accretions from the gradual change or deflection of the course of the river become the property of the adjoining proprietor (Ford v. Lacey, 7 Jur. (N.S.) 684); similarly accretions by alluvio. Mussumat Imam Ban li v. Hurgovind Ghose, 4 Moo. Ind. App. 403.

(3.) The use of the banks is incident to the use of the river, and persons having the latter right have the former also; the right of fishing in non-navigable rivers belongs to the adjoining proprietors, and such right is protected by the stat. 30 Vict. c. 18, and its violation is made a criminal offence by stat. 24 & 25 Vict. c. 96.


ROBBERY. The felonious and forcible taking from the person of another goods or money to any value by violence or putting


RULES OF THE KING'S BENCE PRISON kind is said to be either a rule nisi, i.e., to - continued. shew cause, or a rule absolute. A rule walls, within which all prisoners in cusnisi or to shew cause commands the party tody in civil actions were allowed to live, to shew cause why he should not do the upon giving security by bond with two act required, or why the object of the rule sufficient sureties to the marshal not to should not be enforced. A rule absolute escape, and paying him a certain percentcommands the subject matter of the rule age on the amount of the debts for which to be forth with enforced. There are some they were detained. Bagley's Pract. rules which the Courts authorize their

RUNNING WITH THE LAND. A core. officers to grant as a matter of course with

nant is said to run with the land when out formal application being made to them

either the liability to perform it, or the in open Court, and these are technically

right to take advantage of it, passes to the termed side-bar rules, because formerly

assignee of that land. Thus, if A. grants they were moved for by the attorneys at

B. a lease of the land for twenty-one years, the side bar in Court; such, for instance,

and the lease, amongst other covenants, was the rule to plead, which was an order or

contains a covenant on the part of A. for command of the Court requiring a defen

the quiet enjoyment of the land by B. dant to plead within a specified number of

during the term, and also a covenant on days. Such also were the rules to reply, to

the part of B. to cultivate the land demised rejoin, and many others, the granting of

in a particular manner, and B. afterwards which depended upon settled rules of prac

assigns the land to C, for the residue of tice rather than upon the discretion of the

the term, in this case the liability to perCourts; all of which are rendered unneces

form the covenant made by B. and the sary by recent statutory changes. The

right to take advantage of the covenant word "rule," when used as a verb, seems

made by A. would devolve upon C. as asto have two significations: (1) to com

signee of the land to which the covenants mand or require by a rule of Court, as,

related, and in so doing they would be for instance, to rule the sheriff to re

said to run with the land. Noke v. Auder, turn the writ, to rule the plaintiff to reply;

Cro. Eliz, 436; Cockson v. Cock, Cro. Jac. (2) to settle or decide a point of law

125. See also notes to Spencer's Case, 1 arising upon a trial at nisi prius, and when

Sm. L. C. 45. it is said of a learned judge presiding at

See title COVENANT. such a trial, that he ruled so and so, it is thereby meant that his lordship laid down,

RUNNING WITH THE REVERSION. settled, or decided such and such to be the

A covenant is said to run with the reverlaw. The rules for regulating the practice

sion when either the liability to perform of the Courts, and which the judges are

or the right to take advantage of it passes empowered to frame, and to put in force, to the assignee of that reversion. Thus, as occasion may require, are also termed if A grants a lease of land to B. for Rules of Court. Rules, chiefly of practice twenty-one years, and the lease, among or of pleading, are also now commonly

other covenants, contains a covenant on made by the judges for the carrying out the part of A. for the quiet enjoyment of of the provisions of any Act of Parlia

the land by B. during the term, and also a ment involving important changes in the covenant on the part of B. to cultivate the law. See Bankruptcy Act, 1869; Judica

land demised in a particular manner, and ture Act, 1873.

A. afterwards assigns the reversion in the

land to C., in this case the liability to RULE OF COURT. The rules for regu- perform the covenant made by A., and the lating the practice of the different Courts,

right to take advantage of the covenant and which the judges are empowered to made by B., would devolve upon C. as asfiame, and to put in force as occasion may signee of the reversion in the land to require, are termed Rules of Court.

which the covenants related; and in so RULE, TO. Is commonly used in two

doing they would be suid to run with the

reversion. See Noke v. Arder, Cro. Eliz. senses: (1) for commanding or requiring by a rule or order of Court, as to rule a

436 : Campbell v. Lewis, 3 B. & A. 392;

Middlemore v. Goodall, Cro. Car. 503 ; sheriff to return writ, &c. ; (2) for lay

Cockson v. Cock, Cro. Jac. 125; and notes ing down, or deciding, or settling a point of law. See the word used by Lord Den

to Spencer's Case, 1 Sm. L. C. 45.

And see title COVENANT.
man in Bingham v. Stanley, 2 Q. B. Rep.

See also title RCLE.

RURAL DEANERY. The circuit or RULES OF THE KING'S BENCH PRI- jurisdiction of a rural dean is so called. SON. Were certain limits without the See title DEAN.


dition of the purchaser being satisfied with SACRILEGE. A desecration of any

or approving the goods. The approval thing that is holy. The alienation of

may be implied from keeping the goods lands which were given to religious pur

beyond a reasonable time. Benjamin, 483. poses to laymen, or to profane and com

SALE WITH ALL FAULTS. In this mon purposes, was also termed sacrilege.

case, unless the seller fraudulently and Cowel.

inconsistently represents the article sold to SAFE CONDUCT. A guarııntee or se

be faultless, or contrives to conceal any curity granted by the king under the great

fault from the purchaser, the latter must

take the article for better or worse. Bagleseal to a stranger for his safe coming into and passing out of the kingdom. Cowel.

hole v. Walters, 3 Camp. 154. SAFE-GUARD. A security given by

SALIQUE LAW. An ancient law made the king to a stranger who fears the vio

by Pharamond, King of the Franks, by lence of some of his subjects, for seeking

which males only were capable of inherithis right by course of Law. Reg. Orig. 26;

ing. Cowel Cowel.

SALVAGE. Is the compensation allowed SALE. The transferring of property

to persons by whose assistance a ship or from one man to another in consideration

boat, or the cargo of a ship, or the lives of of some price or recompense in value, i.e.,

the per:ons belonging to her, are saved for valuable consideration.

from danger or loss in cases of shipwreck, The contract of sale in English Law is a

derelict, capture, and the like. "And á real contract, or in the nature of a real

salvor is he who renders such assistance. contract, some tender or transfer being re

The chief statutory provisions at present

in force with reference to wreck and salquired by the Common Law to make the sale complete ; in Roman Law, on the other

vage are contained in Part viii. of the stat. hand, the contract of sale is a consensual

17 & 18 Vict. c. 104 (Merchant Shipping

Act, 1854). contract, being complete as soon as the

The services entitling to salvage must price is agreed on. The two systems of law agree in this, that so soon as the sale of a

be such as demanded skill, enterprise, and specific article or ascertained bulk is com

risk on the part of the salvors; for mere

ordinary services, as towage, no salvage is plete, all risk attaching to it forth with

claimable (The Princess Alice, 3 W. Rob. rests upon the purchasers, the Roman Law expressing this rule in the maxim “ Peri

138). Moreover, these services must have culum rei venditæ statim ad emptorem

been attended with success (The Edward pertinet," and the English law in the

Hawkins, 31 L. J. (Adm.) 46); for salvage,

it is said, is a reward for services actually maxim "Res perit domino;" and that in the case of a non-specific article or unas

conferred, not for services attempted to be certained bulk, the risk does not so rest,

conferred (The Chetah, 5 Moo. P. C. C. until the article or bulk becomes specific (N.S.) 621). There may be a valid agreeor is ascertained. But there is this very

ment regarding salvage between the mas

ter of a vessel and the salvors, and such striking difference between the English and the Roman Law in the contract of sale,

agreement will be binding on the owner of namely, that in English law the PROPERTY

the ship (The Firefly, Sw. 240), unless in a specific article (or in a non-specific

proved to be dishonest and exorbitant, or article or unascertained bulk so soon as

to have been obtained by compulsion or the same becomes specific or ascertained)

fraud. The Helen and George, Sw. 368. passes to and vests in the purchaser even

The right to salvage may be forfeited before delivery, the vendor retaining only

either totally or partially by misconduct on a lien on it while in his possession for the

the part of the salvors, but the evidence

of misconduct must be conclusive (The price; whereas, in Roman Law such pro

Charles Adolphe, Sw. 153). A towing perty does not pass into the purchaser until after payment of the price and also

ship, if it render salvage services, will be delivery of the article. See, generally,

entitled to salvage reward like any other Benjamin on Sales; and Just. Inst. ii. 1. 41,

ship (The Retriever v. The Queen, 17 L. T. and iii. 23 (21), pref.

(N.S.) 329). Similarly, one of the vessels

which have been in collision may, if the SALE, BILL OF : See title BILL OF SALE. innocent party, be entitled to salvage for

services rendered to the other party, and SALE ON APPROVAL. This phrase and that notwithstanding 25 & 26 Vict. c. 63, the corresponding phrases “sale on trial" s. 33; but not so, if both ships were equally and “sale or return,” is a sale dependent in fault (Cargo ex Capella, L. R. 1 A. & E. upon a condition precedent, viz., the con- 350).

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