Blacks Law Dict. 1st ed

REMEDY OVER

REMAINDER

1019

•seised in fee-simple grants lands to A. for twenty years, and, after the determination of the said term, then to B. and his heirs forever, here A. is tenant for years, remainder to B. in fee. 2 BL Comm. 164. An estate in remainder is one limited to be en joyed after another estate is determined, or at a time specified in the future. An estate in rever sion is the residue of an estate, usually the fee left in the grantor and his heirs after the determina tion of a particular estate which he has granted out of it. The rights of the reversioner are the same as those of a vested remainder-man in fee. Code Ga. 1882, $ 2363. Remainders are either vested or contingent. A vested remainder is one limited to a cer tain person at a certain time, or upon the happening of a necessary event. A con tingent remainder is one limited to an uncer tain person, or upon an event which may or may not happen. Code Ga. 1882, § 2265. A "vested" remainder, whereby a present inter est passes to the party, though to be enjoyed in future, is where the estate is invariably fixed, to re main to a determinate person, after the particular estate is spent. A " contingent" remainder, where by no present interest passes, is where the estate in remainder is limited to take effect, either to a dubi ous and uncertain person or upon a dubious and uncertain event; so that the particular estate may chance to be determined, and the remainder never take effect. 3 Bl. Comm. 168,169. C r o s s - remainders. Cross-remainders arise when land is given in undivided shares to two persons, A. and B., for particular es tates, in such a manner that, upon the de termination of the particular estates in A.'s share, the whole of the land goes to B., and vice versa, the remainder-man or reversioner not being let in till the determination of all the particular estates in both shares. Sweet. Remainder to a person not of a capac ity to take at the time of appointing it, is void. Plowd. 27. REMAINDER-MAN. One who is en titled to the remainder of the estate after a particular estate carved out of it has expired. REMAND. To remand a prisoner, after a preliminary or partial hearing before a court or magistrate, is to send him back to custody, to be kept until the hearing is resumed or the trial comes on. REMANDING A CAUSE, ltemitting or sending it back to the court from which it was removed, appealed, or transferred into another court, in order that some further ac tion may be taken upon it in the original form. REMANENT PRO DEFECTU EMP TORUI/L In practice. The return made

by the sheriff to a writ ot execution when he has not been able to sell the property seized, that the same remains unsold for want of buyers. REMANENTIA. In old English law. A remainder. Spelman. A perpetuity, or perpetual estate. Glan. lib. 7, o. 1. REMANET. A remnant; that which remains. Thus the causes of which the trial is deferred from one term to another, or from one sitting to another, are termed u rema nets." 1 Archb. Pr. 375. REMEDIAL. 1. Affording a remedy; giving the means of obtaining redress. 2. Of the nature of a remedy; intended to remedy wrongs or abuses, abate faults, or supply defects. 3. Pertaining to or affecting the remedy, as distinguished from that which affects or mod ifies the right. REMEDIAL STATUTE. A statute providing a remedy for an injury, as distin guished from a penal statute. A statute giv ing a party a mode of remedy for a wrong, where he had none, or a different one, before. 1 Chit. Bl. 86, 87, notes. Remedial statutes are those which are made to supply such defects, and abridge such superfluities, in the common law, as arise either from the general imperfection of all human laws, from change of time and cir cumstances, from the mistakes and unadvised determinations of unlearned (or even learned) judges, or from any other cause whatsoever, 1 Bl. Comm. 86. Remedies for rights are ever favor ably extended. 18 Vin. Abr. 521. REMEDY. Remedy is the means by which the violation of a right is prevented, redressed, or compensated. Remedies are of four kinds: (1) By act of the party injured, the principal of which are defense, recaption, distress, entry, abatement, and seizure; (2) by operation of 2aw, as in the case of retainer and remitter; (3) by agreement between the parties, e. g., by accord and satisfaction and arbitration; and (4) by judicial remedy, e. g., action or suit. Sweet. Also a certain allowance to the master of the mint, for deviation from the standard weight and fineness of coins. Enc. Lond. REMEDY OVER. A person who is primarily liable or responsible, but who, in turn, can demand indemnification from another, who is responsible to him, is said to

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