Page:Black's Law Dictionary (Second Edition).djvu/1026

From Wikisource
Jump to navigation Jump to search
This page needs to be proofread.


and not merely such as are absolutely indispens- able for the safety of the ship or the accomplish- ment of the voyage. The Fortitude, 3 Suinn. 327, Fed. Cas. No. 4,953; Webster v. Seekainp, 4 Barn & Aid. 352.

REPARATION. The redress of an in- jury; amends for a wrong inflicted.

REPARATIONIE FACIENDA. For making repairs. The name of an old writ which lay in various cases: as if, for instance, there were three tenants in common of a mill or house which had fallen into decay, and one of the three was willing to repair it, and the other two not; in such case the party who was willing to repair might have this writ against the others. Cowell; fiitzh. Nat. Brev. 127.

REPARTIAMENTO. In Spanish law, a judicial proceeding for the partition of prop- erty held in common. See Steinbach v. Moore, 30 Cal. 505.

REPATRIATION takes place when I person who has been expaitriated regains his nationality.

REPEAL. The abrogation or annniling of a previously efisting law by the enact- ment of a subsequent statute which declares that the former law shall be revoked and abrogated. (Which is called "express" repeai,) or which contains provisions so contrary to or irreconcilable with those of the earlier law that only one of the two statutes can stand in force. (called "implied" repeal.) See Oakland Pav. Co. v. Hilton. 69 Cal. 479. 11 mac. 3: Mernaugh v. Orlando. 41 Fla. 433, 27 South. 34; Hunter v. Memphis. 93 Tenn. 571, 26 S. W. 828.

Repellitnr n. uncx-axnentn infamls. An infamous person is repelled or prevented from taking an oath. Co. Litt. 158; Bract. fol. 185.

Repellitur exceptions cedendarum actioniun. He is defeated by the plea that the actions have been assigned. Cheese broup:h v. Millard, 1 Johns. Cb. (N. Y.) 409, 414.

REPERTORY. In French law. The in- rentory or minutes which notnries make of all contracts which take place before them. Merl. Repert.

REPETITION. In the civil law. A demand or action for the restoration or money paid under mistake, or goods delivered by mistake or on an unperformed condition. Dig. 12, 6. See Sor.u'rm INDEEITI.

In Scotch law. The act of reading over a witness’ deposition, l.ii order that he may adhere to it or correct it at his choice. The same as recalement (q. 1:.) in the French law. 2 Benth. Jud. Ev. 239.



REPETITUM NAMIUM. A repeaifll, second, or reciprocal distress; wlthernam. 3 Bl. Comm. 148.

REPETUNDIE, or PECUNIE REPETUNDIE. In Roman law. The terms used to designate such sums of money as the anvil of the Roman state, or indiriduals. claimed to recover from ma[,Ii.3t1'1itus, jiulices, or pub- l-ici cimztorcs. nhich they had improperly taken or received in the, or in the urbs Roma, either in the discharge of their Jurisdirtia, or in their capacity of jmlices, or in respect of any other public function. Sometimes the word “rcpetimdoz" was used to express the illegal act for whicb compensation was sought. Wharton.

REPETUNDARUM CRIMEN. In Roman law. The crime of bribery or extortion in a magistrate, or person in any public offlce. Calvin.

REPLEAD. pleadings.

To plead anew; to tile new

REPLEADER. When, after issue has been joined in an action, and a verdict given thereon, the pleading is found (on examination) to have miscarried and failed to effect its proper object, riz., of raising an npt and inatei-iai question between the parties, the court will. on motion of the unsiiccessiul party, award a replrader; that is, will order the parties to plead dc moo for the purpose of obtaining a better issue. Brown.

Judgrnrnt of replcader dllfeis from a ji_id:zmimt mm absimife vereilicto. in this: that it is iii- lowed by the court. to do justice betueen the parties where the defect is in the form or manner of stating the right, and the issue joined is on an immaterial point. so that it cannot tell for whom to give judgment: while judgment mm obstante is given only where it is clearly apparent to the court that the party who has ancceeiied has, upon his own showing. no merits, and cannot have by any manner of statement 1 Chit. Pl. 687, 688.

REPLEGIARE. To replevy; to redeem a thing detained or taken by another by putting in legal sureties. —Replegiare do aver-iis. Repievin of cattle. A writ brought by one vlhose cattle were distrained, or put in the pound. upon any cause by another. upon surely given to the shci-ilf to ‘proa- ecute or answer the action in law. Cows .

REPLEGIARI FACIAS. You cause to be repiewied. In old English law. The orig- inal writ in the action of repievin; superseded by the statute of Marlbridge, c. 21. 3 Bl. Comm. 146.

REPLETION. In canon law. Wherethe revenue of a benefice is sufficient to fill or occupy the whole right or title of the gradu- ate who holds it. Wharton.


Property is said to be repieviabie or replevisable when proceedings in replevin may