316 REVIVING-continued. cuted, or that the plaintiff has released REVIVOR, BILL OF. A bill in Chancery which is filed for the purpose of reviving or calling into operation the proceedings in a suit, when, from some circumstances (as for instance, the death of a plaintiff), the suit has abated. It is not, however, in all cases that the death of a party abates the suit; for it is a general rule, that wherever the right of the party dying survives to his co-plaintiff or co-defendant, and the cause is in the same condition after the party's death as it was before, then the suit does not abate, and consequently does not require to be revived. There are also many provisions under recent statutes enacting that certain events shall not abate the suit, and providing for the continuance thereof without the trouble of resorting to a bill of revivor. See title ABATEMENT. REVOCATION, POWER OF. to revoke or call back something granted. The power As if any one makes a conveyance of any lands, with a clause of revocation, at his will and pleasure, of such conveyance; here the clause by which such person reserves to himself the power of revoking such conveyance is termed a power of revocation. 4 Cruise, 466. RIDER. A rider, or rider-roll, signifies a schedule or small piece of parchment annexed to some part of a roll or record. It is frequently familiarly used for any kind of schedule or writing annexed to a document which cannot well be incorporated in the body of such document. passing bills through Parliament, when a Thus, in new clause is added after the bill has passed through committee, such new clause is termed a rider. RIDINGS. The three great divisions RIDINGS-continued. of the county of York are called the North, West, and East Ridings. The word riding" is said to be a corruption of trithing, meaning the third part of a county. RIENS ARREAR (nothing in arrear). A kind of plea used in an action of debt upon arrearages of account, by which the defendant alleges that there is nothing in arrear. Cowel. RIENS PER DESCENT (nothing by descent). A plea pleaded by an heir to an action brought against him for debt due by his ancestor to the plaintiff, signifying that he has received nothing from his ancestor, and therefore is not liable for his ancestor's debt. RIGHT (jus). A lawful title or claim to anything. RIGHT, WRIT OF: See title WRIT OF RIGHT. RIGHT CLOSE, WRIT OF. which the king's tenants in ancient demesne A writ were entitled to, in order to try the right of their property in a peculiar Court of their own, called a Court of ancient demesne. - RIGHT TO BEGIN. This is the phrase which denotes the right of the one or other party to an action or suit to open the case. It involves the right to reply; the reply being often most effective, especially in trials before a jury, it is sometimes a considerable advantage to the party who has the right to begin. The general rule deciding the matter is the following:Supposing no evidence were adduced on either side, the party against whom the verdict would be given has the right to begin. This rule, however, does not mean that the defendant (if it should so happen) must open the pleadings; for in every case, without one exception, these are opened by the plaintiff or his counsel. The rule has therefore reference to the evidence merely. There are the three following principal applications of the rule: (1.) The plaintiff begins, if the onus of proving any one of the issues rests on him; (2.) The defendant begins, if the onus of proving not a single issue rests on the plaintiff, but all of them on the defendant; and (3.) Where the burden of proving all the issues lies on the defendant, and the burden of proving the amount of the damage only lies on the plaintiff, then the plaintiff begins (Carter v. Jones, 6 C. & P. 64), although formerly the rule in that case was that the defendant should begin. Cooper v. Wakley, 3 C. & P. 474. RINGS, GIVING. A custom observed by serjeants-at-law on being called to that degree or order. These rings bear the inscription of some motto selected by the serjeant about to take the new degree. Thus we find it noted in 2 Q. B. Rep. 425, that Cresswell Cresswell, of the Inner Temple, Esq., was appointed a judge of the Common Pleas, in Hilary Term, 5 Vict., being first called to the degree of serjeant-at-law, when he gave rings with the motto "Leges juraque." RIOT. If three or more persons assemble together with an intent mutually to assist each other against any one who shall oppose them in the execution of some enterprise of a private nature, with force or violence against the peace, or to the manifest terror of the people, whether the act intended were of itself lawful or unlawful, and though they after depart of their own accord without doing anything, it is an unlawful assembly. If after their first meeting they move forward towards the execution of their intended purpose, whether they actually execute that purpose or not, this, according to general opinion, is a rout. And if they put it into execution, then it is a riot. And if any person encourages, promotes, or takes part in such riot, whether by words, signs, or gestures, or by wearing the badges or ensigns of the rioters, he is considered a rioter. 1 Hawk. c. 65, s. 1; Arch. Crim. Law, 841. RIVERS. With reference to navigable rivers, see title NAVIGATION. The law as to non-navigable rivers is as follows: (1.) The soil, usque ad medium filum via, usually belongs to the adjoining proprietors on each side of the river, and that in proportion to their estates along the bank. Bickett v. Morris, L. R. 1 H. L., Sc. 47. (2.) Accretions from the gradual change or deflection of the course of the river become the property of the adjoining proprietor (Ford v. Lacey, 7 Jur. (N.S.) 684); similarly accretions by alluvio. Mussumat Imam Banli v. Hurgovind Ghose, 4 Moo. Ind. App. 403. (3.) The use of the banks is incident to the use of the river, and persons having the latter right have the former also; the right of fishing in non-navigable rivers belongs to the adjoining proprietors, and such right is protected by the stat. 30 Vict. c. 18, and its violation is made a criminal offence by stat. 24 & 25 Vict. c. 96. See titles ALLUVIO; FISHERY. ROBBERY. The felonious and forcible taking from the person of another goods or money to any value by violence or putting ROBBERY-continued. him in fear. 1 Hawk. P. C. 25: Arch. Crim. Law, 412. See also title LARCENY. ROLL. A schedule or sheet of parchment on which legal proceedings are entered. Thus, the roll of parchment on which the issue is entered is termed the issue roll. So the rolls of a manor, wherein the names, rents, and services of the tenants are copied and inrolled, are termed the Court rolls. There are also various other rolls, as those which contain the records of the High Court of Chancery, which are kept in the Rolls Office of the Chancery; those which contain the registers of the proceedings of our old Parliaments, and which are called rolls of Parliament; that in the Inner and Middle Temple, called the calves-head roll, wherein every bencher was taxed annually 28., every barrister 18. 6d., and every gentleman under the bar 18., to the cook and other officers of the house, in consideration of a calves'-head dinner provided for them in Easter Term, &c. Orig. Jur. 199; Cowel. ROLLS COURT: See title MASTER OF THE ROLLS. ROYAL ASSENT. The royal assent is the last form through which a bill goes previously to becoming an Act of Parliament; it is, in the words of Lord Hale, "the complement and perfection of a law." The royal assent is given either by the queen in person, or by royal commission by the queen herself signed with her own hand. It is rarely given in person, except at the end of the session, when the queen attends to prorogue Parliament. See title LE ROY LE VEUT. ROYAL FISH. The whale and sturgeon are so called; and these, when either thrown ashore or caught near to the shore, belong to the Crown. ROYAL MINES. Those mines which are properly royal, and to which the king is entitled when found, are only those of gold and silver. ROYALTIES. The rights or prerogatives of the king are so called (see title PREROGATIVE). The dues of the lessor or landlord of mines are also called royalties, apparently in analogy to the superiorities of the Crown. RULE. This word is used in various senses. In its most common acceptation it signifies an order made by the Court at the instance of one of the parties in a suit, usually commanding the opposite party to do some act, or to shew cause why some act should not be done. A rule of this RULE-continued. kind is said to be either a rule nisi, i.e., to shew cause, or a rule absolute. A rule nisi or to shew cause commands the party to shew cause why he should not do the act required, or why the object of the rule should not be enforced. A rule absolute commands the subject-matter of the rule to be forthwith enforced. There are some rules which the Courts authorize their officers to grant as a matter of course without formal application being made to them in open Court, and these are technically termed side-bar rules, because formerly they were moved for by the attorneys at the side bar in Court; such, for instance, was the rule to plead, which was an order or command of the Court requiring a defendant to plead within a specified number of days. Such also were the rules to reply, to rejoin, and many others, the granting of which depended upon settled rules of practice rather than upon the discretion of the Courts; all of which are rendered unnecessary by recent statutory changes. word "rule," when used as a verb, seems to have two significations: (1) to command or require by a rule of Court, as, for instance, to rule the sheriff to return the writ, to rule the plaintiff to reply; (2) to settle or decide a point of law arising upon a trial at nisi prius, and when it is said of a learned judge presiding at such a trial, that he ruled so and so, it is thereby meant that his lordship laid down, settled, or decided such and such to be the law. The rules for regulating the practice of the Courts, and which the judges are empowered to frame, and to put in force, as occasion may require, are also termed Rules of Court. Rules, chiefly of practice or of pleading, are also now commonly made by the judges for the carrying out of the provisions of any Act of Parliament involving important changes in the law. See Bankruptcy Act, 1869; Judicature Act, 1873. The RULE OF COURT. The rules for regulating the practice of the different Courts, and which the judges are empowered to frame, and to put in force as occasion may require, are termed Rules of Court. RULE, TO. Is commonly used in two senses: (1) for commanding or requiring by a rule or order of Court, as to rule a sheriff to return a writ, &c.; (2) for laying down, or deciding, or settling a point of law. See the word used by Lord Denman in Bingham v. Stanley, 2 Q. B. Rep. 125. See also title RCLE. RULES OF THE KING'S BENCH PRISON. Were certain limits without the RULES OF THE KING'S BENCH PRISON --continued. walls, within which all prisoners in custody in civil actions were allowed to live, upon giving security by bond with two sufficient sureties to the marshal not to escape, and paying him a certain percentage on the amount of the debts for which they were detained. Bagley's Pract. RUNNING WITH THE LAND. A covenant is said to run with the land when either the liability to perform it, or the right to take advantage of it, passes to the assignee of that land. Thus, if A. grants B. a lease of the land for twenty-one years, and the lease, amongst other covenants, contains a covenant on the part of A. for the quiet enjoyment of the land by B. during the term, and also a covenant on the part of B. to cultivate the land demised in a particular manner, and B. afterwards assigns the land to C. for the residue of the term, in this case the liability to perform the covenant made by B. and the right to take advantage of the covenant made by A. would devolve upon C. as assignee of the land to which the covenants related, and in so doing they would be said to run with the land. Noke v. Awder, Cro. Eliz. 436; Cockson v. Cock, Cro. Jac. 125. See also notes to Spencer's Case, 1 Sm. L. C. 45. See title COVENANT. RUNNING WITH THE REVERSION. A covenant is said to run with the reversion when either the liability to perform or the right to take advantage of it passes to the assignee of that reversion. Thus, if A grants a lease of land to B. for twenty-one years, and the lease, among other covenants, contains a covenant on the part of A. for the quiet enjoyment of the land by B. during the term, and also a covenant on the part of B. to cultivate the land demised in a particular manner, and A. afterwards assigns the reversion in the land to C., in this case the liability to perform the covenant made by A., and the right to take advantage of the covenant made by B., would devolve upon C. as assignee of the reversion in the land to which the covenants related; and in so doing they would be said to run with the reversion. See Noke v. Awder, Cro. Eliz. 436 Campbell v. Lewis, 3 B. & A. 392; Middlemore v. Goodall, Cro. Car. 503; Cockson v. Cock, Cro. Jac. 125; and notes to Spencer's Case, 1 Sm. L. C. 45. And see title COVENANT. RURAL DEAN: See title DEAN. RURAL DEANERY. The circuit or jurisdiction of a rural dean is so called. See title DEAN. SACRILEGE. S. A NEW LAW DICTIONARY. A desecration of any thing that is holy. The alienation of lands which were given to religious purposes to laymen, or to profane and common purposes, was also termed sacrilege. Cowel. SAFE CONDUCT. A guarantee or security granted by the king under the great seal to a stranger for his safe coming into and passing out of the kingdom. Cowel. SAFE-GUARD. A security given by the king to a stranger who fears the violence of some of his subjects, for seeking his right by course of Law. Reg. Orig. 26; Cowel. SALE. The transferring of property from one man to another in consideration of some price or recompense in value, i.e., for valuable consideration. The contract of sale in English Law is a real contract, or in the nature of a real contract, some tender or transfer being required by the Common Law to make the sale complete; in Roman Law, on the other hand, the contract of sale is a consensual contract, being complete as soon as the price is agreed on. The two systems of law agree in this, that so soon as the sale of a specific article or ascertained bulk is complete, all risk attaching to it forthwith rests upon the purchasers, the Roman Law expressing this rule in the maxim "Periculum rei venditæ statim ad emptorem pertinet," and the English law in the maxim "Res perit domino;" and that in the case of a non-specific article or unascertained bulk, the risk does not so rest, until the article or bulk becomes specific or is ascertained. But there is this very striking difference between the English and the Roman Law in the contract of sale, namely, that in English law the PROPERTY in a specific article (or in a non-specific article or unascertained bulk so soon as the same becomes specific or ascertained) passes to and vests in the purchaser even before delivery, the vendor retaining only a lien on it while in his possession for the price; whereas, in Roman Law such property does not pass into the purchaser until after payment of the price and also delivery of the article. See, generally, Benjamin on Sales; and Just. Inst. ii. 1. 41, and iii. 23 (24), pref. SALE, BILL OF: See title BILL OF SALE. SALE ON APPROVAL. This phrase and the corresponding phrases "sale on trial' and sale or return," is a sale dependent upoi a condition precedent, viz., the con An ancient law made by Pharamond, King of the Franks, by which males only were capable of inheriting. Cowel. And a SALVAGE. Is the compensation allowed to persons by whose assistance a ship or boat, or the cargo of a ship, or the lives of the persons belonging to her, are saved from danger or loss in cases of shipwreck, derelict, capture, and the like. salvor is he who renders such assistance. The chief statutory provisions at present in force with reference to wreck and salvage are contained in Part VIII. of the stat. 17 & 18 Vict. c. 104 (Merchant Shipping Act, 1854). The services entitling to salvage must be such as demanded skill, enterprise, and risk on the part of the salvors; for mere ordinary services, as towage, no salvage is W. Rob. claimable (The Princess Alice, 138). Moreover, these services must have been attended with success (The Edward Hawkins, 31 L. J. (Adm.) 46); for salvage, it is said, is a reward for services actually conferred, not for services attempted to be conferred (The Chetah, 5 Moo. P. C. C. (N.S.) 621). There may be a valid agreement regarding salvage between the master of a vessel and the salvors, and such agreement will be binding on the owner of the ship (The Firefly, Sw. 240), unless proved to be dishonest and exorbitant, or to have been obtained by compulsion or fraud. The Helen and George, Sw. 368. The right to salvage may be forfeited either totally or partially by misconduct on the part of the salvors, but the evidence of misconduct must be conclusive (The Charles Adolphe, Sw. 153). A towing ship, if it render salvage services, will be entitled to salvage reward like any other ship (The Retriever v. The Queen, 17 L. T. (N.S.) 329). Similarly, one of the vessels which have been in collision may, if the innocent party, be entitled to salvage for services rendered to the other party, and that notwithstanding 25 & 26 Vict. c. 63, s. 33; but not so, if both ships were equally in fault (Cargo ex Capella, L. R. 1 A. & E. 356). SALVAGE-continued. The following persons may become entitled to salvage; (1.) Officers and crews of Her Majesty's ships: (2.) Pilots, but not for mere pilotage services; (3.) Seamen of the abandoned wreck; (4.) Ship agents; (5.) Ship-owners; (6.) Masters of vessels; (7.) Beachmen, guardsmen, and others; but not passengers on board the wreck. With reference to the amount of salvage, the Court of Admiralty never allows more than a moiety for salvage, however meritorious the salvage services may have been (The Inca, Sw. 370); the value is to be calculated at the place where the services terminate; also, pro ratâ itineris peracti, and the other equities of the case (The Norma, Lush. 124). Ship and cargo must each pay its own share of salvage (The Pyrennée, B. & L. 189); and as between different salvors, the Court is able, under the Merchant Shipping Act, 1854, s. 498, to decree an equitable apportionment. The Enchantress, Lush. 93. And see generally Kay on Shipping. SANCTUARY. A consecrated place which had certain privileges annexed to it, and to which offenders were accustomed to resort in order to evade the severity of the law. Staunf. Pl. Cor. lib. 2, c. 38. See title ABJURATION. SANE MEMORY. Sound mind, memory, and understanding. This is one of the essential elements in the capacity of contracting; and the absence of it in lunatics and idiots, and its immaturity in infants, is the cause of their respective incapacities or partial incapacities to bind themselves. The like circumstance is their ground of exemption in cases of crime. SATISFACTION. The satisfying a party by paying what is due to him, or what is awarded to him by judgment of the Court or otherwise. Thus a judgment is satisfied by payment of the amount due to the party who has recovered such judgment, or by the party's levying the amount or otherwise. The entry of satisfaction on the roll is a memorandum which is entered on the judgment roll, by which the party who has recovered the judgment acknowledges that he has been satisfied by his opponent by payment of the damages, costs and charges, &c., and therefore that he may be acquitted thereof. A satisfaction piece is a memorandum written on a piece of parchment, stating that satisfaction is acknowledged between the plaintiff and the defendant. This memorandum or satisfaction piece, as it is called, is taken to one of the masters of the Court, and from it he enters the satisfaction on the roll before mentioned. 1 Arch. Pract. 722. SATISFACTION IN EQUITY. Is a doctrine somewhat analogous to Performance in Equity (see that title), but differs from it in this respect, that satisfaction is always something given either in whole or in part as a substitute and equivalent for something else, and not (as in Performance) something that may be construed as the identical thing covenanted to be done. The subject of satisfaction divides itself into four, or rather three branches, viz. : (1.) The satisfaction of debts by legacies; (2.) The satisfaction of legacies by legacies; and (3.) The satisfaction of legacies by por tions, and of portions by legacies. (1.) Debts by Legacies.-The general rule in this case is, that a legacy equal to or greater than the debt is a satisfaction; but that a legacy less than the debt is not even a satisfaction of it pro tanto; and in determining what is less, that may be either in amount, or in time of payment, or in certainty of payment. And as the leaning of the Court in this case is against satisfaction, very slight circumstances are allowed to rebut the doctrine of satisfaction, so that the creditor will take cumulatively both his debt and the legacy. (2.) Legacies by Legacies.-The general rule in this case is, that if the two legacies are: (a.) In the same instrument, when if different in amount, the legatee takes both, but if equal in amount, one only; and if the two legacies are, (b.) In different instruments, then whether they are different or equal in amount, the legatee takes both; with one exception, viz., that where the legacies are equal in amount, and the same motive is assigned in each case for giving the legacy, then the legatee will take one only. (3.) Legacies by Portions, and Portions by Legacies.-The general rule in this case is, that the legatee or portionist shall take one only, and not both; nor does it matter since Pym v. Lockyer (5 My. & Cr. 29) whether the will or the settlement comes first, excepting to this extent, that what is due under the settlement is in the nature of a debt, and recoverable accordingly, while what is due under the will (so far as it is in excess of that due under the settlement) is a voluntary bounty only; liable to fail or abate accordingly. There is one curious anomaly connected with satisfaction in this case, viz., that as the word "portion" is applicable to children only, and a bastard is not a child, therefore the bastard takes both the gift under the settlement and that under the will, and is therefore better off than either a child or one in whom the settlor-testator has put himself in loco parentis. Ex parte Pye, 18 Ves. 140. |