Page:Black's Law Dictionary (Second Edition).djvu/1033

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RESCEIT

menced between two others; as, in an action by tenant for life or years, he in the rever- aioo might come in and pray to be received to defend the land, and to plead with the deinaodant. Cowell.

—B.eaeeit of homage. The lord's_ receiving homage of his tenant at his admission to the land. Kitch. 148.

RESGIND. To abrognte, annul, avoid, or cancei a contract; particiiiariy, nullirying a contract by the act of a party. See Poweil \. Linda C0., 29 Misc. Rep. 419. 60 N. Y. Supp. 104-1; Hurst v. Trow Printing 00., 2 Min Rt-.'[L 361, 22 N. Y. Supp 371.

RESCISSIO. Lot. in the civil law. An annulllng; avoiding, or making void; abrogniii-Ii: rescission. God. 4, 44.

RESCISSION. Resclssion, or the act of rescinding, is where a contract is cunccied. uiiouiied, or abrogated by the parties, or one of them.

in Spanish liiw. nullity is divided into abso- iute and reinlive. The former is that which arises from a law, whether civil or criminal, the prin:-Tpiil motive for which is the public intere<t, and the lutter is that ' h alfccts only uni min inrlividunis. “Nullir not to be confounded with "rescission." Nui ty takes place when the act is affected by a Hidl i vice, which prments it from producing any effect: as Where on not is in continvention of the laws or of good morals, or where it has been executed by a person who cannot be supposed to have any will, as a chiid under the age of seven years, or ii madman, (mi nine 0 demonic.) Resrissinn is where an act. valid in :i1'Jpenra.nct!. nevertheless cnncr-ais a defect, which may make it null, if drniunded by any of the parties; as, for example, mistake, force fraud. deceit, want of suf- Ecinnt age, etc. Nuliity relates generally to public order, and cannot therefore be made good either by ratificntion or prescription: so that the lribuniiis ought, for this reason alone, to decide that the mill act can have no effect, without stopping to inquire whether the parties to it have or have not received any injury. Res<-issioo, on the contrary, may be made_guod by

' an


raiifle.-iiion or by the silence of the pnrtie neither of the parties can demand it, un ss _he can prove that he hns rcccivnd some pr:-yudice or sustained some damage h the act. Sunol V. Hepburn, 1 Cal. 281. citing scriche.

RESCISSORY ACTION. In Scotch law. One to rescind or annui a deed or contract.

RESCOUS. Rescue. The taking bl]Cli by force goods which had been taken under a distress, or the vioiently taking away a man who is under urrest, and setting him at ilberty, or otherwise procuring his escape, are both so denominated. This was also the name of a writ which iny in cases of rcscue. Co. I~itt. 160; 3 Bl. Comm. 146; Fitsh. Nut. Brev. 100: 6 lilees. & W. 50-1.

RESGRIPT. In canon law. A term Icnluding any form of apostoilcai ietter ema- uuthig from the pope. The unswer of the pope In writing. Dict. Droit Can.

In the civil law. A species of imperial constitutions. being the answers or the prince

Bl.Law Dict.(2d Ed.)—65

1025

RESERVAT ION

in individual cases, chiefly given in response to inqlllries by parties in relation to iitigated suits, or to inquiries by the judges, and which hecnme ruies for future litigated or doubtful legal questions. Macheld. Rom. Law, 5 -16.

At common law. A counterpart, dupiicale, or copy.

In American law. A written order from the court to the cierk, giving diiections cocnerning the turther disposition of a case. Pub. st. Miiss. p. 1295.

[be written statement by an appellate court of its decision in a case, with the reasons therefor. sent down to the trial court.

RESCRIPTION. In French law. A resci-iptioii is a letter by which one requests some one to pay :1 certain sum of money. 01’ to account for him to a third person for it. Poth. Cont. de Change, no. 2'35.

RESCRIPTUM. Lnt. In the Civii law A species of iinperiul constitution, in the form of an answer to some application or petition; a rescript. Calvin.

RESCUE. The act of torcibiy and intentionally delivering a peison from lawful arrest or imprisonment, and setting him at liberty. 4 B 'CUl.Dl1l. 131; Code Go. § 4478: Robinson v. , ate. 82 Ga. 535, 9 S. E. 5118.

The unliiwtully or forcibly taking back goods which have been tzlllell under a distress for rent, damage feosant, etc. lluiulin V. Muck, 33 Mich. 10S.

In admiralty and maritime law. The deliverance of property taken as prize. out of the hands of the captors, either when the captured party retake it by their own efforts, or when, pending the pursuit or struggie, the party about to be oveijiowcred receive rein- forcements, and so escape capture.

RESCUSSOR. rescuer; one who commits a rescous. Jae. 419; Cowell.

In old English law. A Cro.

{{anchor+|.|BESCYT. L. Fr. Resceit; receipt; the receiving or harboring a feion, after the com- mission of a crime. Britt. c. 23.

RESEALING WRIT. In English law. The second sealing of a writ by a master so as to continue it, or to cure it of an irregu- larity.

{{anchor+|.|BESERVANDO. Reserving. In old cou- veyancing. An apt word of reserving a rent. Co. Lltt. 47a.

Reservntio non debut ease do prolicnia ipais, qnin. en. eancednntur, sad de reditu nova extra prnlicna. A reseriatiou ought not to be of the profits theinseives. because they are granted, but from the new rent. apart from the profits. Co. Lltt. 142.

RESERVATION. A clause in a deed or

other instrument of conveyance by which the