Page:Black's Law Dictionary (Second Edition).djvu/1037

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go, or some part thereof, is hypothecntcd as ucnrity i'or a loan, the repayment of which is dependent on mnritime risks. Civ. Ode Cni. § 3036; Clv. Code Dak. § 1796.

Responders Ion sovernigne. His supe- Ia-ir or master shall answer. Artlculi sup. flint c. 18.

r RESPONDERE NON DEBET. Lat. In phidliig. The player of a plea where the de ‘ham: insixvs that he ought not to answer. 9 union he claims a privilege; for example, f I bring a member of con.s:ress or a foreign u'Il’$sld0l'. 1 Chit. Pl. ‘433. RESPONSA PRUDENTUM. Lat. An- -01": of jurists‘ responses given upon cases or iiunllons of law referred to them, by cer- ‘hiu Ivsirned Roman jurists, who, though not lair;-=(rates_ were authorized to render such minions. These response constituted one of II: m:-st important sources or the earlier iloman law, and were of great value in de- i-i-iqving its scientific accuracy. They held lnrh the some place of authority as our ncolern precedents and reports.

RESPONSALIS. In old English law. One who fli)iIBfl!‘€L\ for another. In ecclesiastical law. A proctor.

.'R.l-ISPONSALIS AD LUGRANDUM VEI. PETENDUM. He who Bpptmfs and iiisucrs for another in court at a day assigned: a proctor, attorney, or deputy. 1 iteere, Eng Law, 169.

RESPONSIBILITY. The obligation to lllS\\ er for an act done, and to repair any in- jury it may have caused.

RESPONSIBLE. To say that a person is "Fl‘Slvanslliié' means that he is able to pay 3. sum for which he is or may become liable, or to discharge an obligation which he may lie under. Farley v Day. 26 N. H, 531; People 1'. Kent. 160 Ill. 6:” 43 N. E. 760; Com. v. Mitchell, 82 Pa. 349. A promise to be "re- M-nusihle” for the contract of another is a ';u.ii2inty rather than a suretyship. Bichel V. .-tuner, 9 Phiia. (Pa.) 499.

—Renpan_sib1e government. This term gen- i'i:illy designates that species I’ governmental

~(vtem in which the responsi lity for public

ninsures or acts of state rests upon the min- lf[l‘}'_0l' executive council, who are under an ab- Iljflllt"-IJ. to resign vihen disapprobation of their Nurse _is expressed by Ii. vote of want of confi- -l----I. in the _lo_i:ls|ative assembly, or by the de- an of an important measure advocated by lem

Responsio unins non omnino andistrir. The answer of one witness shall not be heard at all. A maxim of the Roman law of evi- dence. 1 Greenl. Ev. 5260.

R1-ISPONSIVE. Answering; constituting or comprising a complete answer. A "re

RESPONDERA SON BOVERAIGNE 1029

RESTITUTION

sponsive allegation" is one which directly snswers the allegation it is intended to meet.

RESSEISER. The taking of lands into the hands of the crown, where a general l.lvery or ouster lc niain was formerly misused.

{{anchor+|.|BEST, 12. In the trial of an action, a party is said to '‘rest,’’ or "rest his case," when he intimates that he has produced all the evidence he intends to offer at that stage, and submits the case, either finally, or sub- ject to his right to afterwards offer rebutting evidence.

REST, n. Rests are periodical baiancings of an account, (particularly in mortgage and trust acconnl.s,) made for the purpose of con- verting interest into principal, and charging the party iiabie thereon nith compound interest. Mozlcy 3: i\ hltley.

RESTALTPING WRIT. P'isSi1.lg it a second ti.me through the proper office, where- upon ii: receives a new stamp. ' 1 Chit. Arch. Pl‘. 212.

RESTAUR, or RESTOR. The remedy or recourse uhlch marine underwriters have against each other, according to the date of their assurances, or against the master, it the loss arise through his default, as through ill loading, want of caulking, or want of having the vessel tigiit; also the remedy or recourse :1 person has against his guarantor or other person who is to indemnify him from any damage sustained. lilac. Loud.

RESTAURANT. This term, as current- ly understood, means only, or chiefly, an eating—house; but it has no such fixed and defl- uite legal meaning as necessarily to exclude its being an “inn" in the legal sense. Lewis V. llitchcock (D. C.) 10 Fed. 4.

RESTITUTIO IN’ INTEGRUM. Lat In the civil law. Restoration or restitution to the previous condition. This was effected by the prsetor on equitable grounds, at the pray- er of an injured party, by rescinding or annuiling a contract or transaction valid by the strict law, or annulling a change in the legal condition produced by an omission, and restoring the parties to thei.r prerlnns situation or legal relations. Dig. 4, 1; M-acl-ieid. Rom. Law, §22o.

The restoration of a cause to its first state, on petition of the party who was cast, in order to have a second hearing. Haliifax. Civil Law, I). 3. c. 9, no. 49.

RESTITUTION. In maritime law. When a portion or a ship's cargo is lost by jettison, and the remainder saved, and the articles so lost are replaced by a general contribution among the owners of the cargo, this is called "restitution."

In practice. The return of something

to the owner of it or to the person entitled to