Page:Black's Law Dictionary (Second Edition).djvu/1039

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


by post to a certain address, or unless sent of a certain person or persons to buster or charge is obtained, or unless other thing is done. Sweet.

RESTRICTIVE INDORSEMENT. An Ilui-seiuent may be so worded as to restrict tuither negotiahllity of the instrument, It is then called a "restrictive indorse- " Thus, "Pay the Contents to J. S. ," or "to J. S, for my use." are restric- lulorsements, and put an end to the ne iility of the paper. 1 Daniel, Neg. Inst.

I RESULT. In law, a thing is said to re- nfiiit when, after having -heen ineffectusiiy or only 1'|llI'li.|lly disposed of. it coiiies hack to I former owner or his representatives. Siiect.

—Resnlting trust. use. SH. USE.

See Tiios'r.—Resulting

RESUMMONS. In practice A second .-llliii-ins. The calling a person a second time to answer an action, where the first KIIIDODS is defeated upon any occasion: as the death or a party, or the like Cowell.

RESUMPTION. In old Engiisli law. The taking again into the l;in:z's hands such lsnils or tenements as before, upon faise suggestion, or other error, he had delivered to the heir, or granted by letters patent to any mail. Cowell.

RESIIRRI-INDER. Where copyhoid land ins been mortgaged by surrender, and the miiruagee has been admitted, then. on the iiiortgage debt being paid off, the moi-lg.-igor is entitled to have the land reconveyed to him, by the mortgagee surrendering it to the lord to his use. This is coiled a “resurre.u- der." 2 Dav. Conv. 1$2n.

RETAIL. To sell by small parcels, and

not in the gross. To sell in small quantities. State v. Loweiiiimight, Ll Lea (Tenn.) 1 Britlgcs v. State, 37 Ark. 224: l\[cArthnr V. Mute. 69 Ga. 444; Com. v. Klmbali, 7 Metc. (linss) 308. —Betailer of merchandise. A merchant who buys articles in gross or merchandise in large quantities, and sells the same by single

'il'IlK2leS or in sinzill quantities.

RETAIN. In practice. To engage the services of an attorney or counsellor to man- ugc a cause. See RETAINER, 2.

—-Retaining a. cause. In English practice. The act of one of the di ions of the high court of justice in retaining jurisdiction of a cause iirungly hroughi in that diiision instead of nnorher Under the jiidicature acts of IST3 and 1 this may be done, in some cases. in the disr-retion of the court or 21 judge.— fee. A fee given to counsel on engaging his services for the trial of the cause.—Ret:u.ining lien. See LIES.



RETAINER. 1. The right of retainer is the right which the executor or :idniiliistIa— tor of a deceased person has to retain out of the assets sutficicnt to pay any debt due to him from the deceased in priority to the other creditors whose debts are of equal degree. 3 Sleph. Comm. 263. Miller v. Ii-by, G3 Ala. 433; Taylor v. Debiois, 23 Fed. Cas. 765.

2. In English practice, a "retainer,” as applied to counsei, is coininoniy used to signify a notice given to a counsel by an attorney on ix-hait of the plaintitt or defendant in an action, in order to secure his services as advocate when the cause comes on for trial. Hoithouse. Agnew v. Wiiideii, 84 Ain 502, 4 South. 67 ; Blackman v. Vvebii, 38 Kan. G68, 17 Puc. 464.

3. A servant, not menial or faniiliar,—that

is, not continuaily dweiling in the house of his master, but only wearing his livery, and attending snnietlnies upon speciai 0[‘L.L‘:§(lnS_ »is, in old English usage, called a “retai - er." Cowell. —Geners.l retainer. A generaii retainer of an attorney or so 'citor "merely gives a right to expert prntes onal service vihcu reqiii-sled, but none iriiich is not reqiicsteil. it binds the person reiaineii not to take a tee from another mziiinst his retainer, but to do nothing except “he: he is asked to du, and for this he is to be distinctly siil." Rlinile Island Exch. Bani-1 V. Hawkins, IL 1. 206.—Speeial retainer. An engagement or retainer of an attorney or soilcitor for 11 special and desi,'iinted purpose; as, to prepare and (iv a pzirtiuilar case. Agnew v. W:iiden, 84 Ala. 502. 4 South. 672.

RETAKING. The mixing one's goods, from unother, who without right has taken possession thereof.

RETALIATION. The lea‘ taliunis, ((1. 1.7.)

RETALLIA. In Girl English law. Retail: the cntting up again, or ilivision of a com- modity into smaller parts.

RETENEMENTUM. Restraint; dctninment;

In old English law. ivithlioldingr.

RETENTION. Lu Scotch iair. A species of iieii-, the right to retain possession of It chattel uutii the lienor is satisfied of his claim upon the article itself or its owner.

RETINENTIA. A retinue, or persons re tained by a prince or nobleman. Cowell.

RETIRE. As applied to hiiis of exchange, this word is ambiguous It is conimonly used or an indorser who takes up a bill by handing the amount to a transferee, after which the indorser iioids the instrument with all his remedies intact. But it is soinetinies used of an acceptor, by whom, when 3. bill is taken up or retired at maturity, it is in elifect paid, and iiii the remedies on it extin- guished. Byies, Bills, 215. see Els.un V.

Denny, 15 O. B. 04.