Blacks Law Dict. 1st ed

1016

RELEASE

RELATION

2. The connection of two persons, or their situation with respect to each other, who are associated, whether by the law, by their own agreement, or by kinship, in some social status or union for the purposes of domestic life; as the relation of guardian and ward, husband and wife, master and servant, par ent and child; so in the phrase "domestic relations." 3. In the law of contracts, when an act is done at one time, and it operates upon the thing as if done at another time, it is said to do so by relation; as, if a man deliver a deed as an escrow, to be delivered, by the party holding it, to the grantor, on the perform ance of some act, the delivery to the latter will have relation back to the first delivery. Termes de la Ley. 4. A recital, account, narrative of facts; information given. Thus, suits by quo war ranto are entitled "on the relation of" a pri vate person, who is called the "relator." But in this connection the word seems also to involve the idea of the suggestion, insti gation, or instance of the relator. 5. In the civil law. the term "relation" was used to designate the report of the facts and law in a pending case, made by the judges to the emperor, for the purpose of ob taining his opinion on the questions of law involved, in the form of an imperial re script. This proceeding might be resorted to in cases where no law seemed applicable, or where there were great difficulties in its in terpretation, until it was abolished by Jus tinian. Nov. 125. Belation never defeats collateral acts. 18 Vin. Abr. 292. Belation shall never make good a void grant or devise of the party. 18 Vin. Abr. 292. RELATIONS. A term which, in its widest sense, includes all the kindred of the person spoken of. 2 Jarm. Wills, 661. RELATIVE. A kinsman; a person con nected with another by blood or affinity. A person or thing having relation or con aection with some other peison or thing; as, relative rights, relative powers, infra. RELATIVE FACT. In the law of evi lence. A fact having relation to another act; a minor fact; a circumstance. RELATIVE POWERS. Those which relate to land; so called to distinguish them from those which are collateral to it.

RELATIVE RIGHTS. Those rights of persons which are incident to them as mem bers of society, and standing in various re lations to each other. 1 Bl. Comm. 123. Those rights of persons in private life which arise from the civil and domestic relations. 2 Kent, Comm. 1. Relative words refer to the next ante cedent, unless the sense be thereby im paired. Noy, Max. 4; Wing. Max. 19; Broom, Max. 606; Jenk. Cent. 180. Relativorum, cognito uno, cogno scitur et alterum. Cro. Jac. 539. Of rela tives, one being known, the other is also known. RELATOR. The person upon whose complaint, or at whose instance, an informa tion or writ of quo warranto is filed, and who is quasi the plaintiff in the proceeding. RELATRIX. In practice. A female re lator or petitioner. RELAXARE. In old conveyancing. To release. Relaxavi, relaxasse, have released. Litt. § 445. RELAXATIO. In old conveyancing. A release; an instrument by which a person re linquishes to another his right in anything. RELAXATION. In old Scotch practice. Letters passing the signet by which a debtor was relaxed [released] from the horn; that is, from personal diligence. Bell. RELEASE. 1. Liberation, discharge, oi setting free from restraint or confinement. Thus, a man unlawfully imprisoned may ob tain his release on habeas corpus. 2. The relinquishment, concession, or giv ing up of a right, claim, or privilege, by the person in whom it exists or to whom it ac crues, to the person against whom it might have been demanded or enforced. 3. The abandonment to (or by) a person called as a witness in a suit of his interest in the subject-matter of the controversy, in oider to qualify him to testify, under the com mon-law rule. 4. A receipt or certificate given by a ward to the guardian, on the final settlement of the latter's accounts, or by any other beneficiary on the termination of the trust administra tion, relinquishing all and any further rights, claims, or demands, growing out of the trust or incident to it. 5. In admiralty actions, when a ship, cargo, or other property has been arrested, the own« may obtain its release by giving bail,

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