Page:Black's Law Dictionary (Second Edition).djvu/1038

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RESTITUTION

it, upon the reversal or setting aside of the

judgment or order of court under which it was taken from hl.m. Haebler v. Myers, 132 N. Y. 363. 30 N. E. 963, 15 L. R. A. 588. 2SAm. St. Rep. 589; Gould v. Mt-Fail, 118 Pa. 455, 12 Atl. 336, 4 Am. st. Rep. 606; First Nut.

0 Haul; v. Avery Planter Co., 60 Neb. 329, 95 N. “V. 624, 111 Am. SL Rep. 541.

If, after money has been levied under a writ of execution, the judgment be reversed by wi-it of error, or set aside, the party

against Wll0l.ll the execution was sued out siuili have restitution. 2 Tidd, Pr. 1033; 1 Burrill. Pr. 292. So, on conviction of a feion, iinniediate restitution of such of the goods stolen as are brought into court Will be ordered to be made to the several prosecutors.

4 Staph. Comm. 434.

In equity. Restitution is the restoration of both parties to their original condition, (when practicahie,) upon the rescission of a

contract for fraud or similar cause.

—Restih:ition of conjugal rights. In Ens,- lisii erclesiastical law. A species of matrimoni- al cause or suit which is brought Whenever either ti husband or wife is guilty of the injury of subtraction, or liies separate from the other without any siilhcient reason; in which case the ecclesiastical jurisdiction will compel them to come together again, if either piirty be weak enough to desirc it, contrary to the inclination of the other. 3 Bl. Comm. 9-l.—Restitntion of minors. In Scotch law. A minor on attaining majority may obtain relief against a deed previously executed by him, which may be held void or voidabie according to circumstan-

ccs. 'l‘liis ls called "restitution of rmnom." I —\K7r'H: of restitution. In piactice. A W which iies, alter the reiersal of a judg-

ment. to restore a party to all that he has lost by occasion of the judgment. 2 Tidd, Pr. 1186.

RESTITUTIONE EXTRACTI ASE ECCLESIA. A writ to restore a man to the church, which he had recovered for his sanctuary, being suspected of felony. Reg. Orig. 60.

RESTITUTIONE TEMPORALIUM. A writ adilrcssed to the sherifi, to restore the teniporailtics of a bishopric to the bishop elected and confirmed. Flt1h_ Nat. Brev. 169.

RESTRAIN. To iimlt, confine, abridge, narrow clown, or restrict.

To prohibit from action; to put compul- sion upon; to restrict; to hoid or press back. To enjoin, (in equity.)

RESTRAINING ORDER. the nature of an injunction.

An order In Sec Ounniz.

RESTRAINING POWERS. Restrictions or ilmitations imposed upon the exer- cise of a power by the donor thereof.

RESTRAINING STATUTE. A statute which restrains the common law, Where it is too iax and iuxuriant. 1 Bl. Comm. S7. Statutes restraining the powers of corpora-

1030

RESTRICTION

tions in regard to ieases have been so c in Eugiilnd. 2 Bl. Comm. 319, 320.

IIESTRAINT. Confinement, '\l)l'll‘l or limitation. Prohibition of action: h or pressing back from action. Hinilr confinement, or restriction of uberty.

"What, then, according to E common 1 standing, is the meaning of the term ‘rest Does it imply that the limitation, rat ' or confinement must be imposed by those ar in posse sion of the person or thing

is limited. restricted, or confined, or is the I satisfied by a restriction created by the an ' tion of external force? If, for exampl it be besieged, and the inhabitants conllhe -- its walls by ' ' , if, in at ing to come out, they are forced back. It be inaccurate to say that they are rest within those iiniits? The court believes tl would not: and, if it would not, then equal propriety may it be sa'il when a pn biockaded. that the vessels “'lU]lIl are can or restrained from coming out. force is not in possession of the vessel: h in the harbor, but it acts upon and 1 them. It is :1 via nmjor, applied dil""l|l]' eifcctually to them, which prevents them f‘ coming out of port. This appears to the c to be, in correct language. ‘a restraint.’ by power imposing the bloc .ud , and when a snl, attempfing to crinic out, is boardoll turned back. this rcsti ining force is plat!"

II. lflfl‘


piillel to L‘.o.. 3 WV

in policies of marine insur V

have the s'Ime meaning hat of the elite!

superior force, opera ‘ng directly on the is So ions as a ship is under restraint, so she is detnine and, viienever she is det she i under E’SCl'1ll1t. Riciiariisun v. lltlf nnce C 0 Mass. 102. 4 Am. Dec.

—Restra:'int of marriage. A contract, MD enunt. bond, or devise is “in restraint of ill‘- ri ige" when its conditions iinreasonubly hiinipol or restrict the party's freedom to niarr_, or choice, or uurluly postpone the time of his mai- riage. Restraint of trade. Contract: fl combinations in restraint of trade are such I! tend or are designed to elintinate or slide Mui- petition, elfect a monopoly, artificially ni‘ tain prices, or otherwise hamper or obstruct 0 course of trade and commerce as it uouiil I carried on if left to the control of nnhiriil ii: r-conomic forces. See U. ‘ v. r-ins-Ml ‘ Freight Ass'n. 166 U. S 0, 17 Sup. Ct. 3-ll. 41 L. Ed. 1007; Hodge v. ."i]o'in_ INT K 244, IT N. E. 335, 1 Am. St. Rep. 816. Will: reference to contracts between individual , a restraint of trade is said to be “-general" or "tape

'u." A contract which forbids a person n.i employ his talents, industry, or capital in any lI|ld(‘l'flikll1g' within the limits of the state or country is in "general" restraint of tr:iu'e; il lt forbids him to employ himself in desi"n-iiefl trade or business, either for :1 lim ted tlriy or vwitlii a prescribed area or district. it IS it ' restraint of trade. See l’lI'Ill'lll’ll|li v. , 9 How. Prac. (N. Y.) 337.—Restraint on alienation is where property is given to a married woman to her separate use, without power of alienation.

RESTRICTION. In the case of land rcip lstered under the English laud transfer act. 1875, a restriction in an entry on [be rcéster made on the application of the 1-c;;i<i‘ei'eii proprietor of the land, the eifect or which is to prevent the transfer of the land or the

creation of any charge upon it, unicss notice of the application for a transfer or chaige is