One who has changed his profession of faith or opinion ; one who has deserted his church or party.
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The abrogation or annulling of a previously existing law by the enactment of a subsequent statute which declares that the former law shall be revoked and abrogated, (which is called “express” repeal,) or which contains provisions so contrary to or irreconcilable with those of the earlier law that only one of the two statutes can stand in force, (called “implied” repeal.) See Oakland Pav. Co. v. Hilton, 09 Cal. 479, 11 Pac. 3; Mernaugh v. Orlando, 41 Fin. 433, 27 South. 34; Hunter v. Memphis, 93 Tenn. 571, 26 S. W. 828. Repellitur a Sacramento infamls. An infamous person is repelled or prevented from taking an oath. Co. Litt. 158; Bract fol. 185. Repellitur exceptione cedendarnm ac- tionum. He is defeated by the plea that the actions have been assigned. Clieese- brough y. Millard, 1 Johns. Ch. (N. Y.) 409, 414.
Lat. In the civil law and old English pleading. The plaintiff’s answer to the defendant’s exception or plea: corresponding with and giving name to the replication in modern pleading. Inst 4, 14, pr.
In English law. Deductions and duties which are yearly paid out of a manor and lands, as rent-charge, rent seek, pensions, corrodies, annuities, etc., so that, when the clear yearly value of a manor is spoken of, it is said to be so much per annum ultra reprisas,
Rerum progressus ostendunt multa, quae in initio praecaveri sen praevideri non possnnt. 6 Coke, 40. The progress of events shows many things which, at the beginning, could not be guarded against or foreseen. Rerum suarum quilibet est moderator et arbiter. Every one is the regulator and disposer of his own property. Co. Litt. 22.3a. RES. Lat. In the civil law. A thing; an object. As a term of the law, this word has a very wide and extensive signification, including not only things which are objects of property, but also such as are not capable of individual ownership. See Inst. 2, 1, pr. And in old English law it is said to have a general import, comprehending both corporeal and incorporeal things of whatever kind, nature, or species. 3 Inst. 182. See Bract, fol. 76. By “res,” according to the modern civilians, is meant everything that may form an object of rights, In opposition to “persona,” which is regarded as a subject of rights. “Res,” therefore, in its general meaning, comprises actions of all kind s; while in its restricted sense it comprehends every object of right, except actions. Mackeld. Rom. Law,
In Scotch law. A receiver of stolen goods knowing them to have been stolen.
The determination or decision, in regard to its opinion or intention, of a deliberative or legislative body, public assembly, town council, board of directors or the like. Also a motion or formal proposition offered for adoption by such a body. In legislative practice. The term is usually employed to denote the adoption of a motion, the subject-matter of which would not properly constitute a statute; such as a mere expression of opinion; an alteration of the rules ; a vote of thanks or of censure, etc. See City of Cape Girardeau v. Fougue, 30 Mo. App. 556; McDowell v. People, 204 111. 499, 68 N. E. 379. In practice. The judgment of a court. 5 Mod. 438; 10 Mod. 209. In the civil law. The cancellation or annulling, by the act of parties or judgment of a court, of an existing contract which was valid and binding, in consequence of some cause or matter arising after the making of the agreement, and not in consequence of any inherent vice or defect, which, invalidating the contract from the beginning, would be ground for rescission. 7 Toullier, no. 051.
He who appears and answers for another in court at a day assigned; a proctor, attorney, or deputy. 1 Reeve, Eng. Law, 109.
A statute which restrains the common law, where it is too lax and luxuriant. 1 Bl. Comm. 87. Statutes restraining the powers of corpora tions in regard to leases have been so called in England. 2 Bl. Comm. 319, 320.
he return of writs. The indorsement by a sheriff or other officer of liis doings upon a writ.
In the civil law. When the assignee of heritable rights conveys his rights back to the cedent, it is called a “retrocession.” Ersk. Inst. 3, 5, 1.
In the civil law. The right of a vendor to reclaim goods sold out of the possession of the purchaser, where the price was not paid. Story, Confl. Laws,
In English law. Two officers elected by the burgesses of non-parliamentary municipal boroughs for the purpose of assisting the mayor in revising the parish burgess lists. Wharton.
This, the earliest code or collection of maritime laws, was for- mulated by the people of tlie island of Rhodes, who. by their commercial prosperity and tlie superiority of their navies, had acquired the sovereignty of the seas. Its date is very uncertain, but is supposed (by Kent and others) to be about 900 R. C. Nothing of it is now extant except the article on jettison, which has been preserved in the Roman col- lections. (Dig. 14. 2. “Lex Rliodia de Jaetu.”) Another code, under the same name, was published in more modern times, but is generally considered, by the best authorities, to be spurious. See Seliomberg, Mar. Laws Rhodes. 37. 3S: 3 Kent, Comm. 3, 4; Azunl, Mar. Law, 205-290.
An abolished writ which lay for tenants in ancient demesne, and others of a similar nature, to try the right of their lands and tenements in the court of the lord exclusively. 1 Steph. Comm. 224.
Bights which concern and are annexed to the persons of men. 1 Bl. Comm. 122.
A gratuity or reward given to tenants after they had reaped their lord’s corn, or done other customary duties. Cowell.
Robbery is the felonious taking of personal property In the possession of another, from his person or immediate presence, and against his will, accomplished by means of force or fear. Pen. Code Cal.
Peter-] lence, (q. v.) Cowell.
advance toward the commission of an act which would he a riot if actually committed, such assembly is a rout. Pen. Code Cal.
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