REVE, or GREEVE-continued. gerefa, a prefect). The bailiff of a franchise or manor; hence, shire-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.

REVENUE: See title TAXATION.

The

REVERSAL OF JUDGMENT. 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 (ie., 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.

REVERSIONS, SALES OF. 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 unwary young men. Tyler v. Yates, L. R. 6 Ch. 665.

See also title USURY.

REVERTER, FORMEDON IN: See title FORMEDON.

REVEST. To place one in the possession of anything of which he has been divested, or put out of possession. See I 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

error.

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.

The re

REVIEWING TAXATION. taxing 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 have 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 execution being sued out upon it, the law presumes 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 has 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 revivor.

See title ABATEMENT. REVOCATION, POWER OF. The power to revoke or call back something granted. As if any one makes a conveyance of any lands, with a clause of revocation, at his will and pleasure, of such conveyance; here the clause by which such person reserves 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 writing 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

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 RIGHT.

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 should so happen) must open the pleadings; for in every case, without one exception, these are opened by the plaintiff or his counsel. The rule has 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.

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 motto "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. 1 Hawk. c. 65, s. 1; Arch. Crim. Law, 841.

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

(1.) The soil, usque ad medium filum via, 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 Banli 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.

See titles ALLUVIO; FISHERY.

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

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 proceedings 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, wherein 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.

ROLLS COURT: See title MASTER OF THE ROLLS.

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, when either 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 shew cause why some act should not be done. A rule of this

RULE-continued.

kind is said to be either a rule nisi, i.e., to shew cause, or a rule absolute. A rule nisi or to shew cause commands the party to shew cause why he should not do the act required, or why the object of the rule should not be enforced. A rule absolute commands the subject-matter of the rule to be forthwith enforced. There are some rules which the Courts authorize their officers to grant as a matter of course without formal application being made to them in open Court, and these are technically termed side-bar rules, because formerly they were moved for by the attorneys at the side bar in Court; such, for instance, was the rule to plead, which was an order or command of the Court requiring a defendant to plead within a specified number of days. Such also were the rules to reply, to rejoin, and many others, the granting of which depended upon settled rules of practice rather than upon the discretion of the Courts; all of which are rendered unnecessary by recent statutory changes. word "rule," when used as a verb, seems to have two significations: (1) to command or require by a rule of Court, as, for instance, to rule the sheriff to return the writ, to rule the plaintiff to reply; (2) to settle or decide a point of law arising upon a trial at nisi prius, and when it is said of a learned judge presiding at such a trial, that he ruled so and so, it is thereby meant that his lordship laid down, settled, or decided such and such to be the law. The rules for regulating the practice of the Courts, and which the judges are empowered to frame, and to put in force, as occasion may require, are also termed Rules of Court. Rules, chiefly of practice or of pleading, are also now commonly made by the judges for the carrying out of the provisions of any Act of Parliament involving important changes in the law. See Bankruptcy Act, 1869; Judicature Act, 1873.

The

RULE OF COURT. The rules for regulating the practice of the different Courts, and which the judges are empowered to frame, and to put in force as occasion may require, are termed Rules of Court.

RULE, TO. Is commonly used in two senses: (1) for commanding or requiring by a rule or order of Court, as to rule a sheriff to return a writ, &c.; (2) for laying down, or deciding, or settling a point of law. See the word used by Lord Denman in Bingham v. Stanley, 2 Q. B. Rep.

125.

See also title RCLE.

RULES OF THE KING'S BENCH PRISON. Were certain limits without the

RULES OF THE KING'S BENCH PRISON -continued.

walls, within which all prisoners in custody in civil actions were allowed to live, upon giving security by bond with two sufficient sureties to the marshal not to escape, and paying him a certain percentage on the amount of the debts for which they were detained. Bagley's Pract.

RUNNING WITH THE LAND. A cove. nant is said to run with the land when either the liability to perform it, or the right to take advantage of it, passes to the assignee of that land. Thus, if A. grants B. a lease of the land for twenty-one years, and the lease, amongst other covenants, contains a covenant on the part of A. for the quiet enjoyment of the land by B. during the term, and also a covenant on the part of B. to cultivate the land demised in a particular manner, and B. afterwards assigns the land to C. for the residue of the term, in this case the liability to perform the covenant made by B. and the right to take advantage of the covenant made by A. would devolve upon C. as assignee of the land to which the covenants related, and in so doing they would be said to run with the land. Noke v. Awder, Cro. Eliz. 436; Cockson v. Cock, Cro. Jac. 125. See also notes to Spencer's Case, 1 Sm. L. C. 45.

See title COVENANT.

RUNNING WITH THE REVERSION. A covenant is said to run with the reversion when either the liability to perform or the right to take advantage of it passes to the assignee of that reversion. Thus, if A grants a lease of land to B. for twenty-one years, and the lease, among other covenants, contains a covenant on the part of A. for the quiet enjoyment of the land by B. during the term, and also a covenant on the part of B. to cultivate the land demised in a particular manner, and A. afterwards assigns the reversion in the land to C., in this case the liability to perform the covenant made by A., and the right to take advantage of the covenant made by B., would devolve upon C. as assignee of the reversion in the land to which the covenants related; and in so doing they would be said to run with the reversion. See Noke v. Awder, Cro. Eliz. 436 Campbell v. Lewis, 3 B. & A. 392; Middlemore v. Goodall, Cro. Car. 503; Cockson v. Cock, Cro. Jac. 125; and notes to Spencer's Case, 1 Sm. L. C. 45.

And see title COVENANT.

RURAL DEAN: See title DEAN.

RURAL DEANERY. The circuit or jurisdiction of a rural dean is so called. See title DEAN.

SAFE CONDUCT. A guarantee or security granted by the king under the great seal to a stranger for his safe coming into and passing out of the kingdom. Cowel.

SAFE-GUARD. A security given by the king to a stranger who fears the violence of some of his subjects, for seeking his right by course of Law. Reg. Orig. 26 ; Cowel.

SALE. The transferring of property from one man to another in consideration of some price or recompense in value, i.e., for valuable consideration.

The contract of sale in English Law is a real contract, or in the nature of a real contract, some tender or transfer being required by the Common Law to make the sale complete; in Roman Law, on the other hand, the contract of sale is a consensual contract, being complete as soon as the price is agreed on. The two systems of law agree in this, that so soon as the sale of a specific article or ascertained bulk is complete, all risk attaching to it forthwith rests upon the purchasers, the Roman Law expressing this rule in the maxim "Periculum rei vendita statim ad emptorem pertinet," and the English law in the maxim "Res perit domino;" and that in the case of a non-specific article or unascertained bulk, the risk does not so rest, until the article or bulk becomes specific or is ascertained. But there is this very striking difference between the English and the Roman Law in the contract of sale, namely, that in English law the PROPERTY in a specific article (or in a non-specific article or unascertained bulk so soon as the same becomes specific or ascertained) passes to and vests in the purchaser even before delivery, the vendor retaining only a lien on it while in his possession for the price; whereas, in Roman Law such property does not pass into the purchaser until after payment of the price and also delivery of the article. See, generally, Benjamin on Sales; and Just. Inst. ii. 1. 41, and iii. 23 (24), pref.

SALE, BILL OF: See title BILL OF SALE.

SALE ON APPROVAL. This phrase and the corresponding phrases "sale on trial" and sale or return," is a sale dependent upon a condition precedent, viz., the con

SALE ON APPROVAL-continued. dition of the purchaser being satisfied with or approving the goods. The approval may be implied from keeping the goods beyond a reasonable time. Benjamin, 483.

SALE WITH ALL FAULTS. In this case, unless the seller fraudulently and inconsistently represents the article sold to be faultless, or contrives to conceal any fault from the purchaser, the latter must take the article for better or worse. Baglehole v. Walters, 3 Camp. 154.

SALIQUE LAW. An ancient law made by Pharamond, King of the Franks, by which males only were capable of inheriting. Cowel.

SALVAGE. Is the compensation allowed to persons by whose assistance a ship or boat, or the cargo of a ship, or the lives of the persons belonging to her, are saved from danger or loss in cases of shipwreck, derelict, capture, and the like. And a salvor is he who renders such assistance. The chief statutory provisions at present in force with reference to wreck and salvage are contained in Part VIII. of the stat. 17 & 18 Vict. c. 104 (Merchant Shipping Act, 1854).

The services entitling to salvage must be such as demanded skill, enterprise, and risk on the part of the salvors; for mere ordinary services, as towage, no salvage is claimable (The Princess Alice, 3 W. Rob. 138). Moreover, these services must have been attended with success (The Edward Hawkins, 31 L. J. (Adm.) 46); for salvage, it is said, is a reward for services actually conferred, not for services attempted to be conferred (The Chetah, 5 Moo. P. C. C. (N.S.) 621). There may be a valid agreement regarding salvage between the master of a vessel and the salvors, and such agreement will be binding on the owner of the ship (The Firefly, Sw. 240), unless proved to be dishonest and exorbitant, or to have been obtained by compulsion or fraud. The Helen and George, Sw. 368.

The right to salvage may be forfeited either totally or partially by misconduct on the part of the salvors, but the evidence of misconduct must be conclusive (The Charles Adolphe, Sw. 153). A towing ship, if it render salvage services, will be entitled to salvage reward like any other ship (The Retriever v. The Queen, 17 L. T. (N.S.) 329). Similarly, one of the vessels which have been in collision may, if the innocent party, be entitled to salvage for services rendered to the other party, and that notwithstanding 25 & 26 Vict. c. 63, s. 33; but not so, if both ships were equally in fault (Cargo ex Capella, L. R. 1 A. & E. 356).