Page:Black's Law Dictionary (Second Edition).djvu/1040

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RETONSOR

RETONSOR. L. Lat. In Old English law. A clipper of money. Fleta, iib. 1, C. 20, 5 122.

RETORNA BBEVIUM. The return of writs. The indorsemeut by a shei-iii‘ or other 0 otiiuer of his doings upon a writ.

B.ETORNO HABENDO. A \\ I'll; that lies for the dlslraiuur of goods (nhen, on replcvin brought, he has proved his (llSll'CSS to

be a lawful one) against him who was so distiaincd, to l.iave them returned to him according to law, together with damages and costs. Brown.

RETORSION. [n international law. A 0 species of retaliation, which takes place where a government, \\ hose citizens are sub- jected to se\ ere and stringent regulation or harsh treatment by a foreign government, employs measures of equal severity and harshness upon the subjects of the intter government fouud Within its donlinlous. See Vnttei, nn. 2, 1'. 18, 5 341.

B1-]'1‘0'U‘R.. In Scotch law. To return a writ to the oihce in chancei-y trom which it issued.

RETOUR OF SERVICE. In Scotch law. A ceitihed copy of a ieruict establishing the iegal character or a party as heir to a de cedent.

RETOUR SANS FRAIS. Fr. In French law. A forinuia put upon a biii of exchange to signify that the d.i-awer waives protest, and will not be responsihie for costs arising thereon. Arg. Fr. Bierc. Law. 573.

RETOUR SANS PROTET. Fr. Return without protest. A request or direction by a drawer of a bili of exchange that, should the bill be dishonored by the drawee, it may be returned without protest.

RETRAGT. To take back. To retract an oifer is to withdraw it before acceptance, which the ofterer may alwiiys do.

B.ETRACTATION. in probate practice, is a withdrawai or a renunciation, (q. 1.7.)

RETBACTO 0 TANTEO. In Spanish law. The right of revoking a contract of sale; the right of redemption of a thing said. White, New Recop. h. 2, tit. 13, c. 2, § 4.

RETRACTUS AQUIE. return of a tide. Coweu.

Lat, The ebb or

{{anchor+|.|BETRACTUS PEITDALIS. L. Lat. In old Scotch law. The power which a superior possessed of paying oif a debt due to an ad- juilging creditor, and taking a conveyance to the adjudication. Bell.

1032

RETROSPECTIVE


R1-JTRAIT. Fr. In old French nnd C nndiiin law. The taking Inch of a def by Q’. seiguior, in case of alienation by the i A right of pi-e-emption by the seiguior, case of sale of the land by the grantee.

R1-ZTRAXIT. Lat. In practice An open and voluntary renunciation by fl [Ihlllr tiif of his suit in court, made when the ad. is called on, by which he forever ins: Ill action, or is harred from commencing and}- er action for the same cause. 3 B1. (mun, 296: 2 Archb. Pr. K. B. 250.

A rotuI..u‘t is the open, public, and Voltllb tury renunciation by the piaiutiif, in open court, of his suit or cause of action, and Ii‘ this is done by the plaintiff, and a judginru 4 entored thereon by the defendant, the philb tii‘f's right of action is forever gone. Coda Ga. 1882, § 3445. And see U. S. v. Parker. 120 U. S. 89, 7 Sup. Ct 45-l, 30 L Ed. 601; Pethiel v. Mt-Cuiiough, 49 “V. Va 520, H E. 199: Westl)ay v. Gray, 116 Cal. 600. 48 Puc. 800; Russeii v. Rolfe. 50 Ala. 57: Low- ry v. l\lci\Iiiian, 8 Pa. 103, 49 Am. Dec. 501: Broivard v. Roche, 21 Fla. 47 .

RETREAT TO THE WALL. In the law reiating to homicide in seit—dei‘ense. this phrase means that the party must avnil him- self of any apparent and reasonable avenues . of escape by which his danger inigl1tbeaverl:- ed, and the necessity of slaying his assailant avoided. People v. Inms, 57 Cal. 120.

RETRIBUTION. This word is sometimes used in law, though not commonly in modern times, as the equivalent of "remin- pense,” or a payment or coinpensiition for services, property, use of an estats, or other value received.

RETRO. Lat. Back; backward; behind. Retrafeodum, a rereflef, or arriere def. Spel- man.

RETROAGTIVE has the same meaning as “retrospectlve," (g. 1.7.)

RETROGESSION. In the civil law. W'hen the assignee of heritahie rights con- veys his rights hack to the cedent, it is caued a "reu*ocession." Erslt. Inst. 3, 5, 1.

{{anchor+|.|BETROSPECTIVE. Looking hack; contempiating what is past.

—Ret1-ospective law. A law which iooiis backward or contemplates the past: one which is made to affect acts or facts transpiring. or rights accruing, before it came into force. livery statute wbich takes away or impairs vested rights acquired under existing iaws, or creates a new obligation, imposes a new duty, or attache a new disability in respect to tr-.\ns:iotions or considerations already past, must be deemed retrospective. See Ex Posr I'AC‘T0. And see Deiand y. Platte Co., (0. C.) 54 Fed. 83.’: Poole v. Ficeger, 11 Pet. 198. 9 L. lid. 6802 Snirgcs v. Czuter. 114 U. S. 511, 5 Sup.

Ct. 1014, 20 L. Ell. 2-£0; Merrill v. Slierbiirne,