Page:Black's Law Dictionary (Second Edition).djvu/1055

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


court, in relation to practice, etc.—Rule alimlute. One uhlrh cormmands the suhject-matter of the mic to be forthnith enforced. It is , when the party has failed to show sum-

t cause against a rule ruisi, to “make the nile absolute.‘ i. e., imperative and final.- Rule-doy. In practice. The day on which a rule is returnuhle, or_on which the act or Kilqliy a BE

A cciehratcd rule in English law, pro undcd in Lord Coke's reports in the foliou'.ug form: That whenever a man, by any gift or conveyance. takes an estate of freehold, and in the sume gift or conveyance an estate is iiniitcll. either niciliately or immediateiv, to his bulls in fee or in toil, the word "heirs" is in word of liinitaliari and not of pun.-lmre. In other words, it is to be understood as expressing the quantity of estate which the party is to lake, and not as conferring any distinct estate on the persons who may hccome his representa- iivm. 1 Coke, 104:1 ; 1 Steph. 30 . See Zahriskie v. Wood. 23 N. J. Eq. 5-H: Duf- V. Jarvis (C C) 34 Fed. 733; Hampton v. nther. 30 Miss. 203: Hancock v. ‘Butler, 21 Tux. SOT; Rogers v. Rogers, 3 “’end. 511. 20 . 716', Smith v. Smith. 24 S. C. 31 — ule uisi. A rule which will become impernt 3 e and final unless cause he shown against it. This ruie commands the party to show cause my he should not he compelied to do the act |‘('qIlll‘eli, or why the ohject of the rule should nt he enforced.—Rule of 1756. A riiie of rmitinnal law, first practically estahlished in .1», by which neutrals. in time of war, are pniiibited from carrying on with a bcliigerent 1-Wer a ti-auie which is not open to them in the of peace. 1 Kent. r(l|'iil1i. S‘Z.—Ru1e of course. There are some rules which the courts authorize flieir officers to grant as a matter of rmiise, without formal application being made in a judge in open court, and these are tech- nically termed. in Enaiish practice, “side-har tilts.‘ heciiuse formerly they were moved for I-v the attorneys at the side bar in court. Thev are now generally termed "rules of course." l’.rnwn.—Rules of court. The rules for regu- l-iting the practice of the ditfcrent courte. nhich the judges are empowered to frame and put in force as occasion may re uire, are term-

-rl "ruies of court." Brown. .‘ee Goodlett v.

"haries. 14 Ri(b. Law (S. C.) 49.—Ru1e of law. A legal principle, of generai application, sanctioned by '

ley'I Case.

the recognition of authorities, und usually expressed in the form of a maxim nr logical proposition. Called a ‘‘rule, because in doiihtful or unforeseen cases it is a guide or norm {N their decision. Toullier, tit. prel. no. 17.—Rn1es of practice. Certain orders made by the courts for the purpose of regulating: the practice in actions and other proceed- iIl,;S hefurc them — of procedure. Rules made by a legislative body concerning the mode and manner of conducting its business. and for the purpose of making an orderly and proper disposition of the matters before it, such as rules prescribing “bat committees shall he appninied. on what subjects they shall act,

what shall he the daily order in which business sball he taken bgp, and ‘

in what order certain l'Iei- . 12:1. 4 Atl. 116. 57

‘er v. McLaughlin. 10¢! Ky, 509. 3) S. W. 8.: —Rule of property. A sctticil rule or pr-incipie resting usually‘ on preuxdcuts or a course or decisions. regulating the ounership or devoiiitinn of property. Yaznn & M. V. R. Co. v. Adams. 81 Miss. 90 3'2 South. 93'“ Fdwards v. Davenport ((7. (7.3 20 ' 7fi3.—'R.ule of the road. The popular l".ngiish name for the regulations governing the navigation of vessels in public waters, with a view to 1J1‘e\(-nting collisions. Swect.—Ru1e to plead. A ruie of court. taken by a piaiutiif as or course, requiring the defendant to plead

received and acted on. Md "

motions shali sh 'i v. Baltimore. He

A in. Rep. 308 ;



within a given time, on pain of having judgment taken against him by deEault.—Rulo to show cause. A rule commanding the party to appear and show cause Why he should not he couipelied to do the not required, or why the object of the rule shouirl not be enforced; a ruie wi.-ii, (q. 41.)—Speciu.l rule. Ituies granted without any motion in court, or when the motion is only assumed to have been made, and is not actually made, are called “common" es; while the ruies granted upon motion aetnaliy made to the court in term, or upon judge's order in vacation, are termed “speuiii ' ruics. Brown. The term may also be understood as opposed to "generai” rule: in which case it means a particular direction. in a matter of practice, made for the purposes of a particular case.

RULES. In American practice. This term is sometimes used, by metonvmy, to denote a time or season in the judicial year when motions may be made and rules taken. as special terms or argument-days, or even the vacations, as distinguished from the regular terms of the courts for the trial or cuuses: and, by a further extension of its meaning, it may denote proceedings in an action uihen out of court. Thus, “an irregularity committed at rules may he corrected at the next term of the court." Smith- all’s Adm'r v. Exchange Bank, 12 Grat (Va) 312.

RULES OF A PRISON. Certain limits

Without the Walls, within which all prisoners in custody in civil actions were allowed to live, upon giving sufficient security to the marshal not to escape. —Ruies of the king‘: ‘bench prison. In English practice. (‘crlain limits beyond the nails of the prison, within which all prisoners in custody in civil actions were allowed to i c. upon giving security by bond, with two sulfi- eient surcties. to the marshal, not to escape. and paying him a certain pcrcentace on the amount of the debts for which they were detained. Ilolthouse.

RUMOR. Flying or popular report; a current story passing from one person to an- other without any Lnow-n authority for the truth of it. Webster. It is not generally admissible in evidence. State v. Cniler. 82 M0. 626; Smith v. Moore, 74 Vt. S1. 52 ALL 320.

RUN, 1;. To have currency or legal vu- liillty in 11 prescribed territory; as, the writ rims throughout the county.

To have applicahility or legal effect tilIl‘il1,',’ a prescribed period of time; as, the statute of limitations has run, against the claim.

To follow or accompany; to be attached to another thing in pursuing a prescribed Course or direction; as, the CO\ enant runs with the hind.

In American law. A water- \\’ebb v. Redford. ‘.1

rum, 11.. course of small size. Rilib. (Ky.) 354.

In old records. Laird full 1 Inst. 51:.


of brambles and briars.