Page:Black's Law Dictionary (Second Edition).djvu/1019

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RELATION

mnlu are entitled "on the relation of" a Dri- vute person, who is called the "relator." But in this connection the word seems also to involve the idea of the suggestion, instigution, or instance of the relstor.

5. in the civil law, the term "relation" ims used to designate the report or the facts and law in s pending case, made by the judges to the emperor, for the purpose of ob- tslnlng his opinion on the questions of law involved in the form of an iinperinl resrript. This proceeding might be resorted to in cases “here no law seemed applicable, or where there were great difficulties in its interpretation. until it was abolished by Justinian. Nov. 125.

Relation never defeats collateral sets. 18 Vin. Abr. 292.

Relation shall never make good is void rant or devise of the party. 13 Vin. Alix‘.


RELATIONS. A term which. in its widest sense, includes all the kindred of the person spoken of. 2 Jam]. Wills, 661.

RELATIVE. A kinsman; a person connected wit.h nnother by blood or aflinity.

A person or thing hnving relation or connection with some other person or thing; as. relative rights. rslative powers, i-nfriz. —Rclntivo confession. See CoNri.ssIon.— Relative fact. In the law of evidence. inn. hnving relation to nnolher met; a minor (act; a circ.umstance.—Relat1ve powers. Tl)l.““? which relate to loud; so called to distlruiilsh them from those which are collateral in it—Re1s.tive rights. Those rights of persons WilICl1 are incident to them as members of society. ond stsnding in various relations to ear.-l.. other. 1 Bl. Comm. 123 Those rislits of wlsons in pI'i\'u|.'e life which arise from the civil and domestic relations. 2 Kent, Comm. 1.

Relative words refer to the next ante- eedent, unless the sense he thereby im- 1is.ix-ed. Noy, Max. -1; Wing. Max. 19; Broom, Max. 606; Jenk. Cent. 180.

Relntivoruin, cngalto nno, cognoscitur et alternm. Cro. Jac. 539. Of relitives, one being linown, the other is also known.

RELATOR. The person upon whose compliilnt or at whose instance, on informgition or writ of qua wcmamo is filed, and who is quasi the plaintlli‘ in the procsedlng. RELATRIX. In practice. A female re- Iiitor or petitioner.

RELAXARE. In old conveyancing. To release. Relaa-avi, reluzcasse, have released. Litt. § 445.

RELAXATIO.}} In old conveyancing. A release; an instrument by which a person re- linquishes to another his right in anything.

1011

RELEASE

RELAXATION. in old Scotch practice. Letters passing the slgnet by which a debtor was relaxed [released] from the horn; that is, from personal diligence. Bell.

RELEASE. 1. Liberntion, fllS(.‘i]2llgE, or setting free from restraint or confinement. Thus, a man u.n.inwfuLly imprisoned may ob- tain his release on Iiabeos corpus. Parker v. U. S., 22 Gt. ()1. 100.

2. The relinqnislmieiit, concession, or giving up of a right, claim, or privilege, by the person in whom it exists or to Whom it nocrues, to the person against whom it might have been demanded or enforced. Jaquii v. Shewzilter, 10 Ind. App. 134, 37 N. E. 1072: Winter v. hansis City Cable Ry. Co., 160 M0. 151), til S. W. 606.

3. The abandoninent to (or by) a person Called as a witness in a suit of his interest in the suhjett-matter of the controversy, in order to qualify him to testify, under the common-inw rule.

4. A receipt or certificate given by a ward to the guardian, on the final settlement of the latti-r’s accounts, or by any other heuehciiiry on the termination of the trust administratinn, relinquishing all nnd any further rights, cliunis, or deniancls, growing out of the trust or incident to it.

5. In admiralty actions, when a ship, cargo, or other property has been urrested, the owner may obtain its release by giving boil, or paying the value of the property into coui t. Upon this being done he obtains a release. which is a kind of writ under the sail of the court, addressed to the innrshui, conimaniluig him to uelease the property. Sweet.

6. In estates. The conieyance of a man's interest or right which he hath unto a thing to another that hath the po ' ssion thereof or some estate therein. Shep. Touch. 320. reiinquishnient of some right or benelit to s peison who has already some interest in the tenement, and such interest as qualifies him for receiving or availing hiinseit of the right or benefit so rellnquislied. Burt. Real Prop. 12; Field v. (Jolumbet. 9 Fed. Cas. 13; Bu- ker v. WoudWa1'd, 12 Or. 3, 6 Put‘. 173; Miller v. Einans, 19 N. Y. 387.

A I.‘(JI.lVe}:11|C9 of an ulterior interest in lands or tenements to u particular tenant, or of an undirided share to a co-tenant, (the re- leases being in either case in privity of estate with the releasor.) or of the right. to a person wrongfully in possession. 1 Steph. Comm. 479.

-—Deed of release. A deed operating by way of release, in the sense of the sixth definition given above; but more specifically. in those states where deeds of trust are in use instead of cmnrnori-liiw murtgmzcs, as a menus of pledging real property as security for the payment of a debt, a “deed of release" is xi conveyance in fee. executed by the trustee or trustees, to the

.’,‘I8.lIl[Ul‘ in the deed of trust, which conveys back

to him the legal title to the estate, and which is to he given on satisfactory proof that he has

paid the secured debt in full or otherwise com-