Blacks Law Dict. 1st ed

1021

REMOTE

EEKOVARE

REMOTE. Damage is said to be too re mote to be actionable when it is not the legal and natural consequence of the act com plained of. REMOTENESS. Want of close connec tion between a wrong and the injury, as cause and effect, whereby the party injured cannot claim compensation from the wrong doer. Wbarton. REMOTENESS OF EVIDENCE. When the fact or facts proposed to be estab lished as a foundation from which indirect evidence may be drawn, by way of inference, have not a visible, plain, or necessary con nection with the proposition eventually to be proved, such evidence is rejected for "re moteness." See 2 Whart. Ev. § 1226, note. Remoto impedimento, emergit aetio. The impediment being removed, the action rises. When a bar to an action is removed, the action rises up into its original efficacy. Shep. Touch. 150; Wing. 20. REMOVAL FROM OFFICE. The act of a person or body, having lawful authority thereto, in depriving one of an office to which he was appointed or elected. REMOVAL OF CAUSES. The trans fer of a cause from one court to another; commonly used of the transfer of the juris diction and cognizance of an action com menced but not finally determined, with all further proceedings therein, from one trial court to another trial court. More particu larly, the transfer of a cause, before trial or final hearing thereof, from a state court to the United States circuit court, under the acts of congress in that behalf. REMOVAL OF PAUPER. The actual transfer of a pauper, by order of a court having jurisdiction, from a poor district in which he has no settlement, but upon which he has become a charge, to the district of his domicile or settlement. REMOVAL, ORDER OF. 1. An order of court directing the removal of a pauper fiom the poor district upon which he has illegally become a charge to the district in which he has his settlement. 2. An order made by the court a quo, di recting the transfer of a cause therein de pending, with all future proceedings in such cause, to another court. REMOVER. In practice. A transfer of a suit or cause out of one court into an

other, which is effected by writ of error, certiorari, and the like. 11 Coke, 41. REMUNERATION. Beward; recom pense; salary. Dig. 17, 1, 7. The word "remuneration " means a quid pro quo. If a man gives his services, whatever considera tion he gets for giving his services seems to me a remuneration for them. Consequently, I think, if a person was in the receipt of a payment, or in the receipt of a percentage, or any kind of payment which would not be an actual money payment, the amount he would receive annually in respect of this would be "remuneration." 1 Q. B. Div. 663, 664. RENANT, or RENIANT. In old En glish law. Denying. 32 Hen. VIII. c. 2. RENCOUNTER. A sudden meeting; as opposed to a duel, which is deliberate. RENDER, v. In practice. To give up; to yield; to return; to surrender. Also to pay or perform; used of rents, services, and the like. RENDER, n. In feudal law, "render" was used in connection with rents and her iots. Goods subject to rent or heriot-serv ice were said to lie in render, when the lord might not only seize the identical goods, but might also distrain for them. Cowell. RENDEZVOUS. FT. A place appoint ed for meeting. Especially used of places appointed for the assembling of troops, the coming together of the ships of a fleet, or the meeting of vessels and their convoy. RENEGADE. One who has changed his profession of faith or opinion; one who has deserted his church or party. RENEWAL. The act of renewing or re viving. The substitution of a new grant, engagement, or right, in place of one which has expired, of the same character and on the same terms and conditions as before; as, the renewal of a note, a lease, a patent. RENOUNCE. To reject; cast off; re pudiate; disclaim; forsake; abandon; divest one's self of a right, power, or privilege. Usually it implies an affirmative act of dis claimer or disavowal. RENOUNCING PROBATE. In En glish practice. Refusing to take upon one's self the office of executor or executrix. Re fusing to take out probate under a will where in one has been appointed executor or exec utrix. Holthouse. RENOVARE. Lat. In old English law. To renew. Annuatim renovate, to renew

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