Page:Black's Law Dictionary (Second Edition).djvu/1022

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REMAINDER.

32 N. E. 366; Hudson v. Wadsworth, 8 Conn. Z$.]9.—Ve:ted remainder. An estate by which a present interest passes to the party, though to be enjoyed in future, and by winch the estate is invariably fixed to remain to a determi- nate person after the particular estate has been spent. 2 Bl. Uomm. 168. vested remainder is one limited to a certain person at a certain 0 time or upon the happening of a necessary event. Code Go. § 2265. And see Poor v. Cousidine, 6 W:ili. -174, 18 L Ed. &)'9; Tayloe v. Gould, 10 Barb. (N. Y.) 390 Johnson v. Edmond, (iii Conn. -192. At]. 50 , Marvin v. Ledwith, 111 lll. 150; Wallace v. Minor, 66 Va. 5.30, 10 S. E. 42:5; WooLlman v. V\ oodman, 89 Me. 128, 35 1087; Brown v. Lawrence, 3 (lush. (Mass) 1.

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Remainder to a person not of u capac- ity to take at the time of appointing it, is void. Plowd. 27.

REMAINDER-MAN. One who is entitled tu the remainder of the estate after a particular estate carved out of it has expired.

RI-INLAND. To remand a prisoner, alter a preliminary or partial hearing before a couit or magistrate, is to send him back to custody. to be kept until the hearing is resum- ed or the trial comes on.

To iemnnd a case, brought into an appellate court or removed from one Court into another, is to send it back to the court from which it came. that tuither proceedings in the case, if any, may be taken there.

REMANENT PRO DEFECTU EME- TORUM. in practice. The return made by the sheriff to a writ of execution when he has not been able to sell the property seized, that the same remains unsold for want of buyers.

REMANENTIA. In old English law. A remainder. Spelman. A perpetuity, or perpetual estate. Gian. lib. 7, c. 1.

RI-IMANI-1'1‘. A remnant; that which re miins. Thus the causes of which the trial is defei red from one term to another, or from one sitting to another, are termed “rema- ncts." 1 Archli. Fr. 3753.

REM]-JDIAL. 1. Attending a remedy; giving the means of obtaining redress.

2. Of the nature or a remedy; intended to remedy wrongs or abuses, abate fanlts_ or supply defects.

3. Pertaining to or affecting the remedy,

as distinguished from that which affects or modifies the right. —Reniedial statute. A smtute providing a remedy for an injury, as distinguished from a pcnnl statute. A statute giving a party a mode of rvmidy for a wrong, where he had none. or a dii’fr-rout one. before. 1 Chit. Bl. S6, 87, notes. Rrmelliul statutes are those which are made to supply such defects, and abridge such superfluities. in the common law as arise either from the general imperfection of all human laws, from change of time and circumstaucrs, from the mistakes and unadviscd determinations of unicorned (or even learned) judges, or from any other cause whatsoever. 1 Bl. Comm. 86.

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B.EMlSE


Remedies for rights are ever favor- ably extended. 18 Vin. Abr. 521.

REMEDY. Remedy is the means I) which the violation of a right is prevented. redressed, or compensated. Remedies are 0 four kinds: (1) By ac’: of the party injured. the principal of which are defense. recaptloii, d.lsti'ess, entry, abatement, and seizure; by operation of law, as in the case of retinne and reniitter; (3) by agreement between an parties, c, a., by accord and satisfaction and arbitration; and (4) by judicial remedy. k y., action or suit. Sweet. See Kniipp I, McC:1ffrey, 177 U. S. 638. 20 Sup. Ct. 8"..~l. 4-1 L. Ed. 921; Missionary Soc. v. liiy. 56 Ohio St. —-105, 47 N. E. 537; U. S. v. Lymnl, 26 Fed. Cas. 1,0”-1; Frost v. Witter. 13'} Cal, 421, 64 Pac. 705, 84 Am. St. Rep. 53

Also a certain allowance to the master at the mint, for deviation from the stiiuilai-d weight and fineness of coins. Enc. Load.

—Ar1equa.te remedy. See A.DEQDATE.—Oivl.l remedy. The remedy aiiorzled by lair ID i private person in the civil courts in so far as his private and individual rights have been i - jured by a delict or crime; as Llisiinguié from the remedy by criminal prosecution for the injury to the rights of the public.—Cumulative remedy. See CUMULATlV]lJ.—ExtrIlo1‘- clinary remedy. See I<ix'rsAoii.o1miiu.—I.e- gal remedy. A rcincdy available, under the particular circumstances of the case, in a collri of lav», as distinguished from a remedy avails hie only in e uity. See Stale v. Speed, 109 Tenn. 711. W. 1UTO.—Remedy over. A person who is primarily liable or responsible. but who. in turn, can demand indemnifica from another, who is responsible to him, is mil to have a "remedy over." For example, a clu. hcing compelled to pay for injuries caused by ‘I detect in the highway. has a “remedy own against the person whose act or negligtuce caused the defect, and such person is said to be "ligible over" to the city. 2 Black. Judgial

REMEMBRANCER. The reinembruucer of the city of London is parliameiitary solicitor to the corporation, and is bound to attend all courts of niileriuen and coniunii couiicii when required. 1’ull. Laos it Our’. Lond. 122.

ItE1V[EMBRANClI.R.S. In English limi. Officers of the exchequer, whose dilly it is to put in remembrance the lord [I'(‘lISl.ll'€l' and the justices of that court of such things as are to be called and dealt in for the benciitol the crown. Jacob.

RIEMERE. In French law. Rcdeniptiotr, right of redemption. A sale 12 réniéré is a species of conditional sale with right 01' repurchase. An agreement by which the verb dor reserves to himself the right to take bacli the thing sold on restoring the price paid, with costs and interest. Durerger.

RI-IMISE. To remit or give up. A form- al word in deeds of release and qultclalm; the usual phrase being "reuilse, release, and

forever quitclalm." See American hiortg.