Page:Black's Law Dictionary (Second Edition).djvu/1034

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


RESERVATION

grantor creates, and reserves to himself, some right, interest, or profit in the estate granted, which had no previous existence as such, but is first called into being by the instru- ment reserving It; such as rent, or an ease-

iueut Stephens v. Reynolds, 6 N. Y. 458; In ie l\'nri.ig: nsett Indians. 20 R. I. 715, 40 Atl. 347; M ier v. Laphaui, 44 Vt. 435;

Engei v. Ayer. 85 Me. 448, 27 At]. 352; Smith v. Coinell University, 21 Misc. Itep. :20, 4-5 N. Y. Supp. 6+0; Wilson v. Iligbee (C. C.)

P U’! 1-led. 726; Hurd v. Curtis, 7 Metc. (Mass) 1]0.

A "reservation" should be carefully distin- guished from an ‘exct-ption," the difference be- lvleell the two being this: By an exception, the grantor withdraws trom the elfect of the grant some part of the thing itself which is in. ease, and included under the terms of the grant, as one acre from :1 certain field, a shop or uiill standing within the iimits of the grimted premises, and the like; Whereas, a reservation. though made to the grantor. icssor, or the one creating the estate, is something arising out of the thing granted not then in case, or some new thing created or reserved, issuing or connn out of the thing granted, and not a port 0 the thing itselt, nor of anything issuing out of an- other thing. 3 Washb. Real Prop. 645.

In public land laws of the United States, a reservation is a tract of land, more or less considerable in extent, which is by public authority withdrawn from sale or settlement, and appropriated to specific public uses; such as parks, IL|IiIt<\l'y posts, Indian iauds, etc. Jackson v. WUcox, 2 Iil. 344; Meehan v. Jones (0. C.) 70 Fed. 455; Oahu v. Hui-nes (C. C.) 5 Fed. 331.

In practice, the reservation of a point of law is the act of the trial court in setting it aside for future consideration, allowing the trial to proceed me-unwhiie as if the question had been settled one way, but suhject to aiterution of the judgment in c.\se the court in bone should decide it differently.

RESET. The receiving or harboring an outlawed person. Cowell. —-Reset of theft. In Scotch law. The receiving and keeping stolen goods, knowing them to be stolen, with a design of ieloniously retain-

iujg them from the real owner. Alis. Cum. Law, I3.S.

RESETTER. In Scotch law. A receiver of stolen goods knowing them to have been stolen.

RESIANCE. Residence, abode, or continuauce.

RESIANT. In old English law. Contin- uaily dweiiing or ablding in a place: resi- dent; a resident. Kltchln, 33: Cowell. —B.esiant rolls. Those containing the resianls in a tithing, etc., which are to be caiied over by the steward on holding courts leet

RESIDENCE. Living or dwelling in 3. certain place permanently or for a considerrible length of time. The place where a man

1026

RESI DUARY

makes his home, or where he dwells perma- nently or for an extended period of time.

'._L‘he diiference between a. residence and a dam- lciie may not be capable of easy definition; but every one can see at least this distinction. A person domiciied in one state may, for tempo- rary reasons, such as health, reside for one or more years in some other place deemed more favorable. He does not, by so doing, forfeit his domicile in the first state, or, in any propel’ sense, become a non-resident of it, unless some intention, manifested by some act, of abandon- ' residence in the first state ls shown. s Fstate v. Walker. 1 Mo. App. 404.

"Residence" means a fixed and permanent abode or dweiiing-place for the time being, an contradistinguishcd from u mere tcinpora y locality of existence. So does “inliabitancy: and the two are distinguishable in this respect frgra ‘1‘domicile." In re Wrigley, 8 Wend. (N. .)

As they are used in the New York Cndc of Procedure, the terms "residence" and "resident" mean legal residence; and legal residence is the place of It man's fixed habitation, where his pu- iitical rights are to be exer<i.~:ed, and where he is iiabie to taxation. Houghtou v. Ault. 16 How. Prue. KN. Y.) 77

A distinction is recognized between legal and actual residence person may a legal resi- dcnt of one place and an actual resident of an- other. Hc may abide in one state or country without surrendering his legal residence in an- other_ it he so intends. His icgai residence may be merely ideal, but his actual l‘€SI(iFEltP must be substantial. He may not actually abide at his iegal residence at all, but his actual residence must be his abiding piiice. Tipton v. Timon. 87 Ky. 2-13, 8 S. W. 440: Hinds v. Hinds, 1 Iowa. 34‘-: I“ilZ,‘..'£'l‘fild v. 63 Iowa, 104. 13 N. W. 713 50 Am. Itep. Ludlow v. Szold.

90 Iowa. 115. 57 N. W. 670

RESIDENT. One who has his residence in a place.

"Resident" and "inhabitant" are distinguish- able in meaning The word "inh-ihilnnt" implies ii. more fixed and permanent abode than _does "resident;" and I1 resident may uot_ be entitled to all the privileges or subject to all the duties of an inlinhitant. Frost v. Brishin, 19 Wend. (N. Y.) 11, 32 Am. Dec. 423.

Also a tenant, who was obliged to reside on his lord’s land, and not to depart from the same; called, also. "ho-irmw levrlnt et couch- am,” and in Normandy, "rcsselznt du ficf." —-Resident freeholder. A person_ who it- sides in the pariicuiar place (town, city. county. etc.) and who owns an estate in lands there- in amounting at ieast to a freehold interest Damp v. Dane. 29 was. 427: Campbell v. Mor- un, 71 .\'eb. G15, 9'.) N. W. 499: State v. Ko- komo. 103 Ind. 74, 8 N. E. 720.—B.esidcn_I: minister. In international law A public minister who rsides at ll, foreign court. Resi- dent ministers are ranked in the third class of piihlic ministers. “heat. Int. Law, 264, 267.

RESIDUAL. Relating to the residue; re- lating to the part remaining.

RESIDUARY. constltufing the residue: mg the residue: recei g or entitled to the rcsldue. l{iL\“': \'. (‘oi-imell. 113 i\'. Y. 115. 20 N. E. 00' Kerr v. Daugherty, 79 N. 1 '9; Lamb v. Lamb, 60 Hun, 577, 14 N. Y. Supp. 206.

—Resi(lria.x-y account. In English practice. The account which every executor and adminis-

Pertainlng to the residue;

ving or beqIic:1fli-