Blacks Law Dict. 1st ed

1023

BEPLEADEB

BENTS OF ASSIZE

the actions hare been assigned. 1 Johns. Ch. 409, 414. BEPEBTOBY. In French law. The inventory or minutes which notaries make of all contracts which take place before them. Merl. Repert. BEPETITION. In the civil law. A demand or action for the restoration of money paid under mistake, or goods deliv ered by mistake or on an unperformed con dition. Dig. 12, 6. See SOLUTIO INDEBITI. In Scotch law. The act of reading over a witness' deposition, in order that he may adhere to it or correct it at his choice. The same as recolement (q. v.) in the French law. 2 Benth. Jud. Ev. 239. BEPETITUM NAMIUM. A repeated, second, or reciprocal distress; withernam. 3 Bl. Comm. 148. BEPETTJND-E3, or PECUNI-S! BEPE TUND2E. In Roman law. The terms used to designate such sums of money as the sodi of the Roman state, or individuals, claimed to recover from magistratus, judices, or pub lici curatores, which they had improperly taken or received in the provincice, or in the urbs Roma, eith°r in the discharge of their jurisdictio,ov in their capacity of judices, or in respect of any other public function. Sometimes the word "repetunda;" was used to express the illegal act for which compen sation was sought. Wharton. BEPETTJNDARUM CRIMEN. In Ro man law. The crime of bribery or extortion, in a magistrate, or person in any public of fice. Calvin. BEPLEAD. To plead anew; to file new pleadings. BEPLEADEB. When, after issue has been joined in an action, and a verdict given thereon, the pleading is found (on examina tion) to have miscarried and failed to effect its proper object, viz., of raising an apt and material question between the parties, the court will, on motion of the unsuccessful party, award a re-pleader; that is, will order the parties to plead de novo for the purpose of obtaining a better issue. Brown. Judgment of repleader differs from a judgment non obstante veredteto, in this: that it is allowed by the court to do justice between the parties where the defect is in the form or manner of stat ing the right, and the issue joined is on an imma terial point, so that it cannot tell for whom to give judgment; while judgment non obstante is given only where it is clearly apparent to the court that the party who has succeeded has, upon his own

BENTS OF ASSIZE. The certain and determined rents of the freeholders and an cient copyholders of manors are called "rents of assize," apparently because they were as sized or made certain, and so distinguished from a redditua mobilis, which was a vari able or fluctuating rent. 3 Cruise, Dig. 314; Brown. BENTS BESOLTJTE. Bents anciently payable to the crown from the lands of ab beys and religious houses; and after their dissolution, notwithstanding that the lands were demised to others, yet the rents were still reserved and made payable again to the crown. Cowell. BENUNCIATION. The act of giving up a right. See RENOUNCE. BEO ABSENTE. Lat. The defendant being absent; in the absence of the defendant. BEFAIBS. Restoration to soundness; supply of loss; reparation; work done to an estate to keep it in good order. "Repair" means to restore to its former con dition; not to change either the form or ma terial of a building. 63 Fa. St. 162. BEPABATION. The redress of an in jury; amends for a wrong inflicted. BEPABATIONE FACIENDA. For making repairs. The name of an old writ which lay in various cases; as if, for instance, there were three tenants in common of a mill or house which had fallen into decay, and one of the three was willing to repair it, and the other two not; in such case the party who was willing to repair might have this writ against the others. Cowell; Fitzh. Nat. Brev. 127. BEPATBIATION takes place when a person who has been expatriated regains his nationality. REPEAL. The abrogation or annulling of a previously existing law by the enact ment of a subsequent statute which declares that the former law shall be revoked and abrogated, (which is called "express" repeal,) or which contains provisions so contrary to or irreconcilable with those of the earlier law that only one of the two statutes can stand in force, (called "implied" repeal.) Bepellitur a sacramento infamis. An infamous person is repelled or prevented from taking an oath. Co. Litt. 158; Bract, fol. 185. Bepellitur exceptione cedendarum ac tionuu?. H« is defeated by the plea that

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