Blacks Law Dict. 1st ed

1033

RESIGNEE

RESPITE

extinguished. Mackeld. Bom. Law, 179; Broom, Max. 467. RESOLUTORY CONDITION. A res olutory or dissolving condition is that which, when accomplished, operates the revocation of the obligation, placing matters in the same state as though the obligation had not existed. It does not suspend the execution of the obligation. It only obliges the cred itor to restore what he has received in case the event provided for in the condition takes place. Civil Code La. art. 2045. RESORT, v. Togo back. "It resorted to the line of the mother." Hale, Com. Law, e l l . RESORT, n. A court whose decision is final and without appeal is, in reference to the particular case, said to be a "court of last resort." RESOURCES. Money or any property that can be converted into supplies; means of raising money or supplies; capabilities of raising wealth or to supply necessary wants; available means or capability of any kind. 3 Mont. 386; Webster. RESPECTU COMPUTI VICECOMI TIS HABENDO. A wnt^ for respiting a sheriff's account addressed to the treasurer and barons of the exchequer. Reg. Orig. 139. RESPECTUS. In old English and Scotch law. Respite; delay; continuance of time; postponement. Respiciendum est judicanti ne quid aut durius aut remissius constituatur quam causa deposcit; nee enim aut se veritatis aut clementiae gloria affectanda est. The judge must see that no order be made or judgment given or sentence passed either more harshly or more mildly than the case requires; he must not seek renown, ei ther as a severe or as a tender-hearted judge. RESPITE. The temporary suspension of the execution of a sentence; a reprieve; a delay, foibearance, or continuation of time. 62 Pa. St. 55; 4 Bl. Comm. 394. Continuance. In English practice, a jury is said, on the record, to be "respited" till the next term. 3 Bl. Comm. 354. In the civil law. A respite is an act by which a debtor, who is unabJe to satisfy his debts at the moment, transacts (compro mises) with his creditors, aud obtains from them time or delay for the payment of the sums which he owes to them. The respite

patron from the clergyman presented by him to a living, to resign the benefice at a future period. This is allowable in certain cases under St. 9 Geo. IV. c. 94, passed in 1828. 2 Steph. Comm. 721. RESIG-NEE. One in favor of whom a resignation is made. 1 Bell, Comm. 125n. RESILIRE. Lat. In old English law. To draw back from a contract before it is made binding. Bract, fol. 38. RESIST. To oppose. This word prop erly describes an opposition by direct action and quasi forcible means. 37 Wis. 196. RESISTANCE. The act of resisting opposition; the employment of forcible means to prevent the execution of an en deavor in which force is employed. RESOLUCION. In Spanish colonial law. An opinion formed by some superior authority on matters referred to its decision, and forwarded to inferior authorities for their instruction and government. Schm. Civil Law, 93, note 1. RESOLUTION. The determination or decision, in regard to its opinion or intention, of a deliberative or legislative body, public assembly, town council, board of directors or the like. Also a motion or formal propo sition offered for adoption by such a body. In legislative practice. The term is usually employed to denote the adoption of a motion, the subject-matter of which would not properly constitute a statute; such as a mere expression of opinion; an alteration of the rules; a vote of thanks or of censure, etc. In practice. The judgment of a court. 5 Mod. 438; 10 Mod. 209. In the civil law. The cancellation or an nulling, by the act of parties or judgment of a court, of an existing contract which was valid and binding, in consequence of some cause or matter arising after the making of the agreement, and not in consequence of any inherent vice or defect, which, invali dating the contract from the beginning, would be ground for rescission. 7 Toullier, no. 551. RESOLUTIVE. In Scotch conveyanc ing. Having the quality or effect of resolv ing or extinguishing a right. Bell. Resoluto jure concedentis resolvitur jus concessum. The right of the grantor being extinguished, the right granted is

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