Page:Black's Law Dictionary (Second Edition).djvu/1021

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RELIGION

25 L Ed. 244: Davis 1'. Benson, 133 U. S. 333. 10 Sup. Ct. 209. 33 L. Ed. 637; Board of Education v. Minor, 23 Ohio St. 241. 13 Am. llcp. 233.

—Reiig-ion, offense: against. In English Lu»: l‘hi_-y are thus ennnieulted by Bl_.i_tk- stone: (1) Apostas ; (2) heresy; (3) revihng the ordimutes of i e clinrch; (=1) blasphemy: l-_I) profane swearing: (U) co ' ' h- -nft: (T) i-oiigzmiis iu1p0stni'c: (8) simoiiy: I'll) profanution of the Lord's day: (10) drunk- enness: (11) iemluess. 4 Bl. Comm. -13.

RELIGIOUS. When religious hooks or roading are spuiien of. those nhich tend to promote the religion taught by the Christian dispensation must be considered as referred to. unless the meaning is so limited by associated words or circunistances as to Show that the speaker or writer had reference to some other mode of worship. Simpson v. Welcome. 72 Me. 500. 39 Am. Rep. 3-19.

—Reiig-inns corporation. See CORPORA- 'i‘ioN.—Rel.igious houses. Places set apart for pious uses: such as monasteries. churches, hospitals, and all other places where charity l\II< extended to Use relief of the poor and orpliv..<_ or for the use nr exercise of reli "on. -—ReIigioul ixupostors. In English aw. 'ii|u.~4' nlio falsely pretend an extiaordinary coaimissiun from licaicn, or terrifv and abuse the people with false denunciations of jut],- ment: punishaliie with Fine. imprisonment, and infamous i,orpnral punishment. 4 Broom & H. Comm. 7] —Re1igions liberty. See LIBERTY. —Reiigious men. Such as entered into some monastery or cement. in old English deeds, the veudee was often restrained from ulieniug to "Jews or religious men" lest the lands should (all into mortniain_ Relizious men were civilly bin]. Biount.—-Religions society. A body of persons associated together for the purpose of m:lIi.it‘1ii1in;: religious worship. A church and society are often united in maintaining worship, and in such cases the society commonly owns the property, and makes the pecuniary contract with the minister. But. in many instauns. societies exist without 8 church, and churches without a society. Silshy v. Barlow. it Gray I“: s.) 330: \\:'eld v. M 9 Cnsh. i.\Iass.) 139. iielirenv Free Sclioni A a r. l\ew York. 4 [Inn (N. Y] 4-i9.—-Religions use. See CIIABITABLE Usns.

RELINQUISHMENT. In practice. A foisahing, aiimidoning, renouncing, or giv- lug over a right.

RELIQUA. The remainder or debt which a person finds hiinsoif debtor in upon the balancing or liqiiidation of an account. llence irliqllory, the debtor of a rcliqua; as

also a person who only pays piece meal. Ene. Load. RELIQIIES. Remains; such as the

bones. ctc., of saints. preserved with great rt-neration as sacred memorials. They have been forbidden to be used or brought into England. St. 3 Jae. I. c. 26.

RELOCATIO.}} Lat. In the civil law. A renewal of a lease on its determination. it may be either express or tacit; the latter is when the tenant holds over with the knowl- edge and Without objection of the landlord. Mackeid. Iloln. Law, 5 412.

1013

REMAINDEB.

RELOCATION. In Scotch law. A re- iettuig or renewal of a lease: a tacit relocation is perrriiltirig a tenant to hold over without any new agreement.

In mining law. A new or fresh location of an ahandoned or forfeited mining claim by a straiiger, or by the original looator when he Wishes to change the huundai ies or to correct mlstakes in the original location.

REMAINDER. The remnant of an estate in land. depending upon a particni-.ir prior estite cieated at the same time and by the same instrument, and limited to raise im- mediately on the determination of that estate, and not in ahrldgment of it. 4 Kent. Comm. 197.

An estate limited to take effect and he enjoyed after another estate is determined. As, if a man seised in fee-simple grants Linds to .-1, for twenty yeais. rind, after the determination of the said term, then to B, and his heirs forever. here A. is tenant for years, remainder to B. in fee. 2 Bi. (‘oIum. 164

An estate in 1‘t'I|i:iil:i(IEl‘ is one limited to be enjoyed after another estate is determined, or at a time speciiied iu the future. An estate in reversion is the residue of an estate. usnnlly the fee left in the grantnr and his heirs after the determination of a particular estate whith he has granted out of iL The rights of the rever sioner are the same as those of a vested remainder-man iu fee. (‘ode Ga. Jssz. § 2. And see Snynard v Savward. 7 Me. 2 , 2 A . Dec. 191: Bennett v. Garlock. 10 llnn (N. Y.)

‘#7; Dana v. Murray. 122 N. Y. 601 213 N. E. 21: Booth v. Terrell. 16 Ga. "4: Palmer v. Cook. 159 Ill. 300. 42 N. E. 791:. 50 km. St.

Rep. 165: Wells v. Houston. 23 Tex Civ. App. (329. 57 S. W. 584; Hudson v. Wa(isw01‘th. 8 Conn. 359.

—Contingent remainder. An estate in remainder whit-h is liflliltd to take effect either to a dubious and l]l:lI'eI't;1I[i person, or upon :1 dubious and uncertain event, by which no p|‘(-sent or particular interest passes to the remnindermun. so that the particular estate may (-liauee to be determined and the remainder ncier take ef: fect. 2 Bl. Comm. 169. A remainder limited so as to depend upon an event or condition which may ueier happen or be performed. or \\’lii('b nin_v not happen or he performed tiil after the determination of the prer-eliin-.2 estate. I"o:1rne. Rein. 3: Thompson v. Adams. 205 I11. 552 '9 . . E. 1: Griswold v. Greer. 18 Ga

Price v. Sisson. 13 N. J. E . 168: Yocum

v. Siier. 160 M0. 281. 61 S. W 8: Shannon v Pmnham. M ind. App. u‘ - E. 951.- Cross-reniainder. “here land is de\isud or cunieyed to tvio or more persons as tenants in common, or where different parts of the sa_uic- land are given to suth persons in severalty, with such limitations that. upon the di-lei-iniiiatioii of the paitiruiar es.t.'ite of either. his share is to pass to the other. to the entire exclusion of the ultimate remuiiiderman or rerersiuui-r until all the particular estates shall be exhausted, the rem. "riders so limited are called "(-ross-remainders In wills, such remainders may arise by implication: but. in deeds. only ht exprtss limitation. See 2 Bl. Comm. 391: Z. V\'ashh Iteal Prop. 236; 1 Frost. Est. 94.—Execnted reniuinder. A remainder \\ hich vests a present inliertst in the tenant. though the enjoyment is postponed to the future. 2 Bl. Cnmm 1li'S: Foarue. Rem. 31: Iliidson v. Vvisworih_ 8 Conn. 359-)-.‘.xecntory I-ornninde . A enn- bugeut remainder; one which exists where the estate is limited to take effect either to a dubious and uncertain person or upon a dnliious and uncertain evenL Temple v. Scott. 143 Ill. 290.

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