Blacks Law Dict. 1st ed

1020

REMONSTRANCE

REMEMBRANCER

To give up; to annul; to relinquish; as to remit a fine. REMITMENT. The act of sending back to custody; an annulment. Wharton. REMITTANCE. Money sent by one per son to another, either in specie, bill of ex change, check, or otherwise. REMITTEE. A person to whom a re mittance is made. Story, Bailm. § 75. REMITT ER. The relation back of a later defective title to an earlier valid title. Re mitter is where he who has the true property or jus proprietatis in lands, but is out of possession thereof, and has no right to enter without recovering possession in an action, has after wards the freehold cast upon him by some subsequent and of course defective title. In this case he is remitted, or sent back by operation of law, to his ancient and more cer tain title. The right of entry which he haa gained by a bad title shall be ipso facto an nexed to his own inherent good one; and his defeasible estate shall be utterly defeated and annulled by the instantaneous act of law, without his participation or consent. 3 Bl. Comm. 19. REMITTIT DAMNA. Lat. An entry on the record, by which the plaintiff declares that he remits a part of the damages which have been awarded him. REMITTITUR DAMNA. Lat. In practice. An eutry made on record, in cases where a jury has given greater damages than a plaintiff has declaied for, remitting the ex cess. 2 Tidd, Pr. 896. REMITTITUR OF RECORD. The returning or sending back by a court of ap peal of the record and proceedings in a cause, after its decision thereon, to the court whence the appeal came, in order that the cause may be tried anew, (where it is so ordered,) or that judgment may be entered in accordance with the decision on appeal, or execution be issued, or any other necessary action be taken in the court below. REMITTOR. A person who makes a re mittance to another. REMONSTRANCE. Expostulation; showing of reasons against something pro posed; a representation made to a court or legislative body wherein certain persons unite in urging that a contemplated measuie be not adopted or passed.

have a "remedy over." For example, a city, being compelled to pay for injuries caused by a defect in the highway, has a "remedy over" against the person whose act or negligence caused the defect, and such person is said to be "liableover" to the city. 2 Black, Judgm. § 575. REMEMBRANCER. The remembran cer of the city of London is parliamentary solicitor to the corporation, and is bound to attend all courts of aldermen and common council when required. Full. Laws & Cust. Lond. 122. REMEMBRANCERS. In English law. Officers of the exchequer, whose duty it is to put in remembrance the lord treasurer and the justices of that court of such things as are to be called and dealt in for the benefit of the crown. Jacob. REMERE. In French law. Redemption; right of redemption. A sale a rtmeri is a species of conditional sale with right of re purchase. An agreement by which the ven dor reserves to himself the right to take back the thing sold on restoring the price paid, with costs and interest. Duverger. REMISE. To remit or give up. A form al word in deeds of release and quitclaim. Litt. § 445; Co. Litt. 2646. REMISE DE LA DETTE. In French law. The release of a debt. REMISSION. In the civil law. A re lease of a debt. It is conventional, when it is expressly granted to the debtor by a cred itor having a capacity to alienate; or tacit, when the creditor voluntarily surrenders to his debtor the original title, under private signature constituting the obligation. Civil Code La. art. 2195. "Remission" also means forgiveness or condonation of an offense or injury. At common law. The act by which a forfeiture or penalty is forgiven. 10 Wheat. 246. Remissius imperanti melius paretur. 8 Inst. 233. A man commanding not too strictly is better obeyed. REMISSNESS. This term imports the doing of the act in question in a tardy, neg ligent, or careless manner; but it does not apply to the entire omission or forbearance of the act. 6 Abb. Pr. (N. S.) 423. REMIT. To send or transmit; as to re mit money.

Archive CD Books USA