Blacks Law Dict. 1st ed

REAL REPRESENTATIVE

997

REAL CHYMIN

tate as a business and occupation, and so holds himself out to the public in that char acter and capacity. 26 Pa. St. 138. REAL EVIDENCE. All evidence of which any object belonging to the class of things is the source, persons also included, in respect of such properties as belong to them in common with things. Best, Ev. 26. REAL INJURY. In the civil law. An injury arising from an unlawful act, as dis tinguished from a verbal injury, which was done by words. Haliifax, Civil Law, b. 2, c. 15, nn. 3, 4. REAL ISSUE. An issue formed in a regular manner in a regular suit for the pur pose of determining an actual controversy; as distinguished from a feigned issue, (q. v.) REAL LAW. At common law. The body of laws relating to real property. This use of the term is popular rather than tech nical. In the civil law. A law which relates to specific property, whether movable or im movable. Laws purely real directly and indirectly regulate property, and the rights of property, without intermeddling with or changing the state of the person. Wharton. REAL PARTY. In statutes requiring suits to be brought in the name of the "real party in interest," this term means the per son who is actually and substantially inter ested in the subject-matter, as distinguished from one who has only a nominal, formal, or technical interest in it or connection with it. REAL PRIVILEGE. In English law. A privilege granted to, or concerning, a par ticular place or locality. REAL PROPERTY. A general term for lands, tenements, and hereditaments; property which, on the death of the owner intestate, passes to his heir. Eeal property is either corporeal or incorporeal. See Code N. Y. § 462. REAL REPRESENTATIVE. He who represents or stands in the place of another, with respect to his real property, is so termed, in contradistinction to him who stands in the place of another, with regard to his personal property, and who is termed the "personal representative." Thus tna heir is the real representative of his deceased ancestor. Brown.

tates; interests issuing out of, or annexed to, real estate; such chattel interests as devolve after the manner of realty. 2 Bl. Coram. 886. See CHATTELS. REAL CHYMIN L. Fr. In old En glish law. The royal way; the king's high way, (regia via.) REAL COMPOSITION. An agreement made, in England, between the owner of land and the incumbent of a parish, with the consent of the ordinary and the patron of the living, that the land shall for the future be discharged from payment of tithes, by reason of some land or other real recompense given in lieu and satisfaction thereof. But since the statute 13 Eliz. c. 10, no real composi tion can be made for any longer term than three lives or twenty-one years, and such compositions are now rarely heard of. 2 Bl. Comm. 28. REAL CONTRACT. In the civil law. A contract in which the obligation arose from the thing {ex re) itself, which was the subject of it. Inst. 3, 14, 2; Id. 3, 15. Real contracts were those in which, besides the consent of the parties, the delivery of some thing was required to perfect the obligation. Haliifax, Civil Law, b. 2, c. 15, no. 1. In common law. A contract respecting real property; as a lease of land for years. 8 Coke, 22a. REAL COVENANT A covenant whereby a man binds himself to pass a real thing, as lands or tenements; as a covenant to levy a fine, etc. Shep. Touch. 161. A covenant, the obligation of which is so connected with the realty that he who has the latter is either entitled to the benefit of or liable to perform the other. 2 Bl. Comm. 804, (Coleridge's note.) A covenant by which the covenantor binds his heirs. 2 Bl. Comm. 304. REAL ESTATE. Landed property, in cluding all estates and interests in lands which are held for life or for some greater es tate, and whether such lands be of freehold or copyhold tenure. Wharton. REAL-ESTATE AGENT. Any person whose business it is to sell, or offer for sale, real estate for others, or to rent houses, stores, or other buildings, or real estate, or to collect rent for others. Act July 13,1866, 49; 14 St. at Large, 118. REAL-ESTATE BROKER. One who in the purchase and sale of real es

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