Page:Black's Law Dictionary (Second Edition).djvu/1053

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ROMAN LAW

trust for Roman Catholics, but invalidated lly reason of certain of: the trusts being su- perstitious or otherwise illegal. 3 Steph. Comm. 76.

ROMAN LAW. This term, in a general sense, comprehends all the laws which prevailed among the Romans, without regard to the time of their origin, including the ollections of Justinian.

in a more restricted sense, the Germans understand by this term merely the law of Justinian, as adopted by them. Macheld. ilom. Law, 5 18. '

in England and America, it appears to be customary to use the phrase, lndlfferently with "the civil law," to designate the whole system of Roman jurisprudence, including the Corpus Jnris C-irilis; or, it any distinction is drawn, the evpression “ciiil law" de- notes the system of jurisprudence obtaining in those countries of continental Europe which have derived their juridical notions and principles from the Justinian collection, while "Romnn law" is reserved as the proper appellation of the body of law developed under the government of Rome from the earliest times to the fall of the empire.

ROME-SCOT, ul‘ ROME-PENNY. Peter-pence. ((1. y.) Cowell.

ROMNEY MARSH. A tract of land in the county of Kent, England, containing twenty-tour thousand acres. governed by certain ancient and equitable laws of sewers, composed by Henry de Bathe, a venerable judge in the reign nt king Henry III.; from which laws all commissioners of sewers in England may receive light and direction. 3 Bl. Comm. 73. note 1:; 4 Inst. 276.

ROOD OF LAND. The fourth part of an acre in square measure, or one thousand two hundred and ten square yards.

ROOT OF DESC]-INT. “stock of descent."

The some BS

ROOT OF TITLE. The document with which an nhstrnct of title properly commecnes is called the “root" of the title. Sweet.

ROS. A kind of rushes, which some tennuts were obliged by their tenure to furnish thslr lords wlthal. Cowell.

ROSLAND. Heathy ground, or ground full of: l1 0: also watery and moorish land. I Inst. 5.

ROSTER. A list of persons who are to perform certain legal duties when called upon in their turn. In military aflnils it is a table or plan by which the duty at olfix.-ers is reg- u(i;nted_ See Matthews v. Bowman, 25 Me. 1 7.

1045

ROUT

ROTA. L. Lat. “Rota, of presentations :" 2 W. Bl. 772, 773.

The name of two ancient courts, one held at Rome and the other at Genoa.

Succession; rotation "mm of the terms."

ROTA. Span. In Spanish law. Obliterated. White, New Reeop. b. 3, tit. 7. c 5, § 2.

ROTHER-BEASTS. A term which icnludes oxen, cows, steers, heifers, and such like horned animals. Cowell.

ROTTEN BOROUGES. Small boroughs in Fngiand, which prior to the reform act, 1832, returned one or more members to parliament.

ROTTEN CLAUSE. A clause sometimes inserted in policies of marine insurance, to the effect that "it, on a regular survey, the ship shall be declared unseaworthy by reason of: bemg rattan or unsound," the insurers shall be discharged. 1 Phil. Ins. § 849. See Steinmetz v. United States Ins. Co., 2 Serg. S: R. (Pa) 296.

ROTULUS WINTONIIE. The roll 0! V‘\"inton. An exact survey of all England, made by Alfleli. not unlike that of Domes- day; and it was so called because it was kept at Winchester, among other records of the kingdom; but this roll time has destroy- ed. Ingulph. Ellst. 516.

ROTURE. Fr. In old French and Canadian law. A free tenure without the privilege of uohllity; the tenure of a tree commoner.

ROTURIER. Fr. in old French and Canadian law. A free tenant of land on ser\ ices exlgillle either in money or in kind. Steph. Lect. 229. A free commoner; one who held of a superior. hnt could have no inferior below him.

ROUND-ROBIN. A circle divided from the center, like Arthur's round talnle, whence its supposed origin. in each comp-a1't.u.\ent is a signature. so that the entire cu-cie, when filled, exhibits :1 list, without priority being given to any name. A common form of round-robin is simply to write the names in a circular form. Wharton.

ROUP. in Scotch law. A sale by auction. Bell. ROUT. A root is an unlawful asscmhly

which has made a motion towards the execution of the common purpose of the persons assenllnled. It is, therefore, betucen an un- lawful aseml-ly and a riot. Steph. Ciim. Dig. 41.

Whenever lwo or more persons, ‘lSS(:l|?ilIl0d

and acting together, make am attempt or