Blacks Law Dict. 1st ed

RANSOM

993

RAISE

to demise or lease the estate to trustees for a term of years, upon trust to raise the re quired portions by a sale or mortgage of the same. Mozley & Whitley. RAN. Sax. In Saxon and old English law. Open theft, or robbery. RANGE. In the government survey of the United States, this term is used to de note one of the divisions of a state, and des ignates a row or tier of townships as they ap pear on the map. RANGER. In forest law. A sworn officer of the forest, whose office chiefly con sists in three points: To walk daily through his charge to see, hear, and inquire as well of trespasses as trespassers in his bailiwick; to drive the beasts of the forest, both of venery and chace, out of the deafforested into the forested lands; and to present all tres passers of the forest at the next courts holden for the forest. Cowell. RANK, n. The order or place in which certain officers are placed in the army and navy, in relation to others. RANK, adj. In English law. Excess ive; too large in amount; as a rank modus. 2 Bl. Comm. 30. RANK MODUS. One that is too large. Rankness is a mere rule of evidence, drawn from the Improbability of the fact, rather than a rule of law. 2 Steph. Comm. 729. RANKING OP CREDITORS is the Scotch term for the arrangement of the prop erty of a debtor according to the claims of the creditors, in consequence of the nature of their respective secuiities. Bell. The cor responding process in England is the mar shalling of securities in a suit or action for redemption or foreclosure. Paterson. RANSOM. In international law. The redemption of captured property from the hands of an enemy, particularly of property captured at sea. 1 Kent, Comm. 104. A sum paid or agreed to be paid for the re demption of captured property. 1 Kent, Comm. 105. A "ransom, "strictly speaking, is not a recapture of the captured property. It is rather a purchase of the right of the captors at the time, be it what it may; or, more properly, it is a relinquishment of all the interest and benefit which the captors might acquire or consummate in the property, by a regular adjudication of a prize tribunal, whether it be an interest in rem, a lien, or a mere title to expenses. In this respect, there seems to be no difference between the case of a ransom of an ene my or a neutral. 2 GalL 825.

railway and canal traffic act, 1854, by com pelling railway and canal companies to give reasonable facilities for traffic, to abstain from giving unreasonable preference to any company or person, and to forward through traffic at through rates. They also have the supervision of working agreements between companies. Sweet. RAISE. To create. A use may be raised; i. «., a use may be created. Also to infer; to create or bring to light by construc tion or interpretation. RAISE A PRESUMPTION. To give occasion or ground for a presumption; to be of such a character, or to be attended with such circumstances, as to justify an infer ence or presumption of law. Thus, a per son's silence, in some instances, will "raise a presumption" of his consent to what is done. RAISE AN ISSUE. To bring plead ings to an issue; to have the effect of produc ing an issue between the parties pleading in an action. RAISE REVENUE. To levy a tax, as a means of collecting revenue; to bring to gether, collect, or levy revenue. The phrase does not imply an increase of revenue. 58 Ala. 557. RAISING A PROMISE. By this phrase is meant the act of the law in extracting from the facts and circumstances of a par ticular transaction a promise which was im plicit therein, and postulating it as a ground of legal liability. RAISING A USE. Creating, establish ing, or calling into existence a use. Thus, if a man conveyed land to another in fee, with out any consideration, equity would presume that he meant it to be to the use of himself, and would therefore raise an implied use for his benefit. Brown. RAISING AN ACTION, in Scotland, is the institution of an action or suit. RAISING MONEY. To raise money is to realize money by subscription, loan, or otherwise. RAISING PORTIONS. When a landed estate is settled on an eldest son, it is gener ally burdened with the payment of specific sums of money in favor of his brothers and sisters. A direction to this effect is called a direction for "raising portions for younger children;" and, for this purpose, it is usual AM.DICT.LAW—63

Archive CD Books USA

Made with FlippingBook Online newsletter creator