Page:Black's Law Dictionary (Second Edition).djvu/1032

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RES

Rea mobilcl. In the civil law. Movable things: things which may be transported from one place to another, without injury to their substance and form. Things corresponding with the chattels personal of the common law.

Kent. Comm. 34T.—-Bea nova. A new matter; a new case: a question not before decided.- Res nnllins. The property of nobody. A thing WlJl(‘l'l has no owncr. either hecnuse a former owner has finally abandoned it, or because it has l]P\E!‘ been appropriated by any person, or because (in the Roman law) it is not susceptihie of private nwnership.—Res periit dcmino. A phrnsc li5(‘ll to express that, when a thing is iost or destx'o_\ed. it IS lost to the person who was the owner of it at the time. Broom. Max. 238. es privataa. In the civil

law. Things the p pcrty of one or more indhidunls. Mnckeld. Rom. Law, 5 l’7—Rel publicse. Things belonging to the pub]: [nih-

lic property; such as the sea. navigable rivers, highways. etc.—Rm qnotidjanae. Every-day matters: familiar points or questions —Res religiolae. Things pertaining to reli, on. In Roman law. ssperi-illy, burial-places, which were regarded as sacred, and could not be the stub- jects of c0mmcrcc.—Res sac:-an. In the civil iaw. Sacred things. '1hin::s consecrated by the ponI.i!Is to the service of God: such as sacred edifices, and gifts or offerings. Inst. 2, 1. 8. Chniices, crosses, ccnsers. Bmct. fol. 8.—Res lnnctw. In the civil law. Iinly things; such as the walls and gates of a city. Inst. 2, 1. 10. Walls were said to be hnly. because any offense against them was punislwd cnpitnlly. Brict. fol. 8.—-Res universitatis. In the civil law. Things hclonaring to a community. (as. to a municipality.) the use and enjoyment of which, according to their proper purpose, is free to every mrmher of the cnmnlunitv, but which cannot he appropriated to the exclu. ive use of any individ- uni: such as the pnhiic buildings. streets. etc. Inst 2, 1, 6; lllnckcld. Rom. Law. § 170.

Res acuendent lrnnlna r-ebua. One thing throws iight upon others. Odgen v. Gibbons, 4 Johns. Ch. (N. Y.) 149.

Res accessaria aeqnitnr x-em principa- 1em. Broom. Max. 401. The accessory follows the principal.

Rea denominatur a principnli parte. 9 Coke, 47. The thing is named from its principal part.

Res est miaex-a nbi jun est vagnm et incertum. 2 Salk. 512. it is a wretched state of things when law is vague and mutable

Res gene:-elem hnbet ulg-nilicationem quia. tam corporea qnam incur-pinrea, cnjuscunque sunt generis, naturae, sivo Ipeciei. comptehendit. 3 inst. 182. The word "thing" has a generni signification. hecanse it cmuprehends cornoreai and incorporeal objects, at whatever nature. sort. or species.

Rea inter alioa nets alter-i nocnre non debet. Things done between strangers ought not to injure those who are not parties to them. Go. Litt. 132; Broom, Max. 954, 967.

1024

RESCEIT


Res inter nlion jlnlicatse nnllum prwjudicinm faciunt. Matteis zuljud.-m in a cause do not prejudice those who we: not parties to it. Dig. 44, 2, 1.

Res judicata. fault ax alha nlgx-um; ax nigro, album; ex our-vu. rectum: er. recto, cnrvum. A thing ndjiulgred [the sol- emn judgment otn court) makes whltebhfi biack, white; the crooked. straight: me straight. crooked. 1 Bouv. lust. no. 840.

Re: judicata pro vex-itats accipltur. A matter adjudged is taken for truth. Dis. 50, 17. 207. A matter decided or pnssui’ upon by a, court at cumpelent jurisdiction is received as evidence of truth. 2 Kent. Comm. 120.

Res per penunlam sestimatur. et non pecunia per x-em. 9 Cake. 76 The value of a, thing is estimated according to its worth in money, but the value of money is not estimated by reference to a thing.

Rel pr-uprla eat qnse communis non alt. A thing is private which is not C0uln:lJiL LeBreton v. Miles. 8 Paige (N. Y.) 261. 270.

Rel qua: intra. pra.-aitlia perductte nondrun aunt, qnanquam ab hnltibuu annu- patw, idea postlh.-ninii non agent, quia dnminum nondum muturnnt ex gentium jllre. Things which have not yet hecu introduced within the enemy's lines, uithnugh held by the enemy. do not need the fiction at postliminy on this account. because their ownership by the law of nations has not yet changed. Gro. de Jure B. 1. 3, C. 9. 5 15? Id. i. 3, C. 6, § 3.

Res sac:-a nun r-ecipil: Ieatimatianem. A sacred thing does not admit of valuation. Dig. I, 8, 9, 5.

Res sua. nemlni servit. 4 l\-Iacq. H. L Cas. 151. No one can have 3. servitude over his own property.

Rea transit cum I110 one:-e. The thing passes with its burden. Where a thing ins been incunihered ivy mortgage, the incum- hrance toliows it Wherever it goes. Brnct. fois. 47b, 48.

RESALE. Where 3. person who has sold goods or other property to a purchaser sells them again to some one else. Sometimes n vendnr reserves the right of reselling it the purchaser commits default in payment of the purchase money, and in some cases ((3. 17.. on :1 sale of perishable articles) the vendor may do so without having reserved the right. Sweet.

RESCEIT. In aid English practice, an admission or receiving a third person to

plead his right in a cause formeriy com-