Page:Black's Law Dictionary (Second Edition).djvu/1044

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REVOCABLE

judgment, by lapse of time, or change by death. etc, of the parties entitled or liable to execution, the party alleging himself to be entitled to execution might sue out a writ of reviuor in the form given in the act, or apply to the court for leave to enter a suggestion upon the roll that it appeared that he was entitled to have and issue execution of the judgment. such leave to be granted by the court or a judge upon a rule to show cause, or a summons. to be served accoi-(ling to the then present practice. C. L. P. Act, 1&S2. § 129.

REVOCABLE. voked.

Susceptible of being re-

REVOCATION. The recall of some pow- er, authority, or thing granted, or a destroying or making void of some deed that had existence until the act of revocation made it void. It may be either general, of all acts and things done before; or szzecinl, to revoke a particular thing. 5 Coke. 90. See Wilmington City By. Co. v. Wilmington J: B. S. Ry. Co., 8 Del. Ch. 468, 46 Atl. 12.

Revocation luv act of the party is an intentional or voluntary revocation. The pricnipal instant-ea occur in the case of authorities and pan ers of attorney and Wills.

A revocation in law, or constructive revocation. is produced by a rule of law, irrespectively of the iniention of the parties. Thus, a power of attorney is in general revoked by the death of the principal. Sweet. —Revocation of probate is where probate of a niii. iuavinz been granted, is afterwards recalled by the court of probate. on proot of a subsequent will, or other sufdcicnt cuuse.—Rev- oeation of will. The recalling, aunulliug. or rendering inoperative an existing will, by some suhscquent act of the testalor, which may be by the making of a new will inconsi with the terms of the first, or by destr mg the old will, or by disposing of the property to which it related, or otherwise. See Bouiiiuot v. Brarlforri. 2 Dali. 26$, 1 L. Ed. 375: Latlirop v. Dunlop. 4 Hun N. Y.) 215: Carter v. Thomas. 4 Me. 342: Langrlon v. Astnr. 3 Door SN. Y.) 561: Graham v. Burch. 47 Minn 171.

9 N. ‘V. 697. 28 Ann. St Rep. 339: Garlincr I. Gardiner, (i5 N. H. 230. 19 Afi. . 8 L. R. A. 3&2; Cutler v. Cntlnr. 130 N. C. 1. 40 §54E. 689. 57 L. R. A. 209. 89 Am. St. Rep.

REVOCATIONE PARLIAMENTI. A11 ancient writ for recalling a parliament. 4 Inst. 44.

REVOCATUR. Lat It is recalled. This is the term. in Emriish practice, appropriate to signify that a judgment is annulled or set aside for error in fact; if for error in law. it is then said to be reversed.

REVOKE. To call back: to recall; to a.nnul an act by calling or taking it back.

REVOLT. The endeavor nt the crew of II. vessel, or any one or more of them. to overthrow the legitimate authority of her

1036

BHANDIR

commander, with intent to remove him irum his command, or against his will to take possession of the vessel by assuming the government and navigation of her, or by transferring their obedience from the inw> i‘ui commander to some other person. United States v. Kelly, 11 Wheat. 417, 6 L Ed. 508.

REWARD. A recompense or premium oifered by government or an individual in return for special or extraordinary serviol to be performed, or for special attainments or achievements, or for some act resulting to the benefit of the public; as, u remit-i for useful inventions, for the discovery and apprehension of criminals, for the restoration of lost property. See Kinn v. I<‘lrsl: Nat. Bank. 118 5T1‘. 95 N. W. 969, 99 Am. St Rep. 1012; Campbell v. lliercer, 10!: Ga. 103. 33 S. E. 871.

REWME. k ingtlom.

In old records Realm. or

Rl-IX. Lat. The king. The king re;::n'ded as the party prosecuting in a c1'inuin.il action; as ln the form of entitling such actions, “Rex v. Doe."

Rex debs! ease nub legs qnin lex innit regem. The king ought to be under the iaw. because the law makes the king. 1 Bl. Comm. 239.

Rex est legalis at politicus. Lane, 27. The king is both a legal and pohtical person.

Rex est lex viv-ens. Jenk. Cent. 17. The

king is the living law.

Rex est major singulis. minor uni- versis. Brad. 1. 1, c. S. The king is greater than any single person, less than aii.

Rex hnc sohun non potest lacere quad nun potent injuste ngere. 1.1 Coke. 72. The king can do everything bnt an injustice

Rex nor: debit esse only homine. sed nib Den et sub lege, qnia lex facit re- gem. Bract. fol. 5. The king ought to be under no man, but under God and the

law, because the law makes a king. Broom. Max. 47. Rex non potent peceare. The king (‘an-

not flo wrong; the king can do no nroug. 2 Iioile, RM. An ancient and fundainentul principle of the English constitution. Jeni-:. Cent. 1). 9, case 16; 1 Bl. Comm. 246.

Rex nnnquam muritnr. The king never dies. Broom, Max. 50: Branch, Max. (Eiih Ed.) 197; 1 Bl. Comm. 2-19.

RHANDIR. A part in the division of

Wales before the Conquest; every township