Page:Black's Law Dictionary (Second Edition).djvu/1024

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REMOTO IMPEDIMENTO

ed as a foundation from which indirect evi- dence may be drawn, by way of inference, have not a visible, plain, or necessary connection with the proposition eventually to be prov ed, such evidence is rejected for "re inoteness." Sec 2 Whart. Ev. 6 1226, note.

Renato Impedimento, emergit nctio. The impediment being removed, the action riscs. \\’hen a bar to an action is reI\_1L)\'ed, the action rises up into ita original eihcacy.

Pshop. Touch. 150; Wing. 20.

REMOVAL FROM OFFICE. The act of a person or body. having lawful, authority thereto, in depriving one of an oilice to which

Qhe was appointed or elected.

REMOVAL OF CAUSES. The transfer of a cause from one court to another; coni- nionly used of the transfer of the jurisdiction and cognizance of an action commenced but not finally determined, with all further proceedings therein, from one trial court to another trial court. More particularly, the transfer of a cause. before trial or final hearing thereof, from a state court to the United States circuit court, under the acts of congress in that behalf.

REMOVAL OF PAUPER. The actual transfer of a pauper, by older of a court baiing jurisdiction, from a poor district in which he has no settlcinent, but upon which he has become a charge, to the district of his domicile or settlement.

REMOVAL, ORDER OF. 1. An order of court directing the removal of a pauper from the poor district upon which he has illegally become a charge to the district in which he has his settlement.

2. An order made by the court a quo, di- recting the transfer of a cause therein depending, with all future proceedings in such cause, to another court.

REMOVER. In practice. A transfer of I suit or cause out of one court into an- other, which is effected by writ of error.

L=«‘ri1'ora.r1', and the like. 11 Coke, 41. REMUNERATION. Reward; recompense; salary. Dig. 17. 1, 7.

The word ‘remunci'ation" means a quid pro am). If a man gives his services, whatever cou- sidcration he gets for giving his services seems to me a remuneration for them. Consequently, I think, if a person was in the receipt of a pay- mnnt_ or in the receipt of a pementage, or any kind of payment which would not he an actual money payment, the amount he would receive annually in respcct of this would be "remunera-

tiun." 1 Q. B. Div. 663. 664. RENANT, or R1-1NIA.N'l'. In old English law. Denying. 32 Hen. VIII. c. 2

R]-JNCOUNTER. A sudden meeting; as opposed to I duel, which is deliberate.

1016

RENOV ARE

RENDER, 1:. In practice. To give up to yield: to return: to surrender. Also ta pay or perform; used of rents, serilces. III the like.

—-Render judgment. To pronounce, stifir declare, or announce the judgment of the cirfl in a given case or on a given state of tax‘ not used with reference to judgments by con- fcssion, and not synonymous WILiJ "cute V “(iocketing." or "reLori.iin§' the judgmciit. ' rendition of a judgment is the judiiiai act the court in pronouncing the sentence of Q inw, while the entry of a judgment is a nufi terinl act, which consists in spreading upon it record a statement of the dual conclusion reir ed by the court in the matter. thus furnishing extenial and inconlcstable evidence of the E‘.'|]' tcnce given and designed to stand as a perpetual memorial of its action. See Sc-buster v. Radar. 13 Coio. 329, 22 Pac. 505: Farincis' Suite Bank v. Bales. 64 Neb. E70, 90 ‘ W. 9+5: Fleet v. Youngs. 11 Wend. (N. Y.) ' ' S v. Ronier, 81 Cal. 24-}. K Pac. G “ v. Evans (Tex. Civ. App. 33 S. W. .’iSl

v. Erb. 59 Ohio St. 259, 2 N. E. 640, 69 Am. St. Rep. 764.

RENDER, n. In fendai law, "render" was used in connection with rents and heriots. Goods subject to rent or heriot-service were said to lie in revi-der, when the lord might not only seize the identical goods, but might also distrain for them. Cowell.

RENDEZVOUS. Fr. A place appoint» ed for meeting. Especially used of places appointed for the assembling of troops, the coming together of the ships of i1 fleet, or the meeting of vessels and their convoy.

RENEGADE. One who has changed his profession of faith or opinion; one who has deserted his church or party.

RENEWAL. The act of renewing or reviving. The suhstltution of a new grzuit, engagement, or right, in place of one which has expired, of the same character and on the same terms and conditions as before; as. the renewal of a note, a lease, a patent See Carter v. Brooklyn L. Ins. Co., 110 i\'. Y. 15. 17 N. E. 396: Gault v. McGratli. 32 Pa. 393: Kedey v. Petty. 153 Ind. 179. 54 N. E T98: Pitts v Hull, 19 Fed. Cos. 753.

RENOUNCE. To reject; cast on; repudiate: disclaim: forsake; abandon: divest one's self of a rl-,:,lit. power, or privilege Usually it implies an atfirmutive act of disclaimer or dlsavowal.

RENOUNCING PROBATE. In EBB‘ iish practice. Refusing to take upon one's self the office of executor or exccutrlx. Re fusing to take out probate under a will wherein one has been appointed executor or executrlx. Holthonse.

RENOVARE. Lat. In Old Engllshlaw. To renew. Amimztim renovare, to renew annually. A phrase applied to profits which are taken and the product renewed again.

Ami). 131.