Blacks Law Dict. 1st ed

1031

RESCBIPT

RESIANT ROLLS

ed or doubtful legal questions. Mackeld. Rom. Law, § 4b*. At common law. A counterpart, dupli cate, or copy. In American law. A written order from the court to the clerk, giving directions con cerning the further disposition of a case. Pub. St. Mass. p. 1295. The written statement by an appellate court of its decision in a case, with the rea sons therefor, sent down to the trial court RESCRIPTION. In Trench law. A rescription is a letter by which one requests some one to pay a certain sum of money, or to account for him to a third person for it. Poth. Cont. de Change, no. 225. RESCRIPTUM. In the civil law. A species of imperial constitution, in the form of an answer to some application or petition; a rescript. Calvin. RESCUE. The act of forcibly and inten tionally delivering a person from lawful ar rest or imprisonment, and setting him at liberty. 4 Bl. Comm. 131; Code Ga. § 4478. The unlawfully or forcibly taking back goods which have been taken under a dis tress for rent, damage feasant, etc. In admiralty and maritime law. The deliverance of property taken as prize, out of the hands of the captors, either when the captured party retake it by their own efforts, or when, pending the pursuit or struggle, the party about to be overpowered receive reinforcements, and so escape capture. RESCTJSSOR. In old English law. A rescuer; one who commits a rescous. Cro. Jac. 419; Cowell. RESCYT. L. Fr. Resceit; receipt; the receiving or harboring a felon, after the com mission of a crime. Britt. c. 23. RESEALING WRIT. In English law. The second sealing of a writ by a master so as to continue it, or to cure it of an irregu larity. RESERVANDO. Reserving. In old conveyancing. An apt word of reserving a rent Co. titt. 47a. Reservatio non debet esse de proflcuis ipsis, quia ea conceduntur, sed de reditu novo extra profLcua. A reservation ought not to be of the profits themselves, because they are granted, but from the new rent, apart from the profits. Co. Litt. 142.

RESERVATION. A clause in a deed or other instrument of conveyance by which the grantor creates, and reserves to himself, some right, interest, or profit in the estate granted, which had no previous existence as such, but is first called into being by the in strument reserving it; such as rent, or an easement. A reservation is something taken from the whole thing covered by the general terms making the grant, and cuts down and lessens the grant from what it would be except for the reservation. 44 Vt 416. A "reservation" should be carefully distin guished from an "exception," the difference be tween the two being this: By an exception, the grantor withdraws from the effect of the grant some part of the thing itself which is in esse, and included under the terms of the grant, as one acre from a certain field, a shop or mill standing within the limits of the granted premises, and the like; whereas, a reservation, though made to the gran tor, lessor, or the one creating the estate, is some thing arising out of the thing granted not then in esse, or some new thing created or reserved, issu ing or coming out of the thing granted, and not a part of the thing itself, nor of anything issuing out of another thing. 8 Washb. Real Prop. 646. In public land laws of theUnited States, a reservation is a tract of land, more or less considerable in extent, which is by public authority withdrawn from sale or settle ment, and appropriated to specific public uses; such as parks, military posts, Indian lands, etc. In practice, the reservation of a point of law is the act of the trial court in setting it aside for future consideration, allowing the trial to proceed meanwhile as if the question had been settled one way, but subject to alteration of the judgment in case the court in bane should decide it differently. RESET. The receiving or harboring an outlawed person. Cowell. RESET OP THEFT. In Scotch law. The receiving and keeping stolen goods, knowing them to be stolen, with a design of feloniously letaining them from the real owner. Alis. Crim. Law, 328. RESETTER. In Scotch law. A receiv er of stolen goods, knowing them to have been stolen. RESIANCE. Residence, abode, or con tinuance. RESIANT. In old English law. Con tinually dwelling or abiding in a place; rest dent; a resident. Kitchin, 33; Cowell. RESIANT ROLLS. Those containing the resiants in a tithing, etc., which are to

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