Blacks Law Dict. 1st ed

BESPITE OP APPEAL

RESPONSALIS, ETC.

1034

is either voluntary or forced. It is volunta ry when all the creditors consent to the pro posal, which the debtor makes, to pay in a limited time the whole or a part of the debt. It is forced when a part of the creditors refuse to accept the debtor's proposal, and when the latter is obliged to compel them by judicial authority to consent to what the others have determined, in the cases directed by law. Civil Code La. arts. 3084, 3085. RESPITE OF APPEAL. Adjourning an appeal to some future time. Brown. RESPITE OF HOMAGE. Todispense with the performance of homage by tenants who held their lands in consideration of per forming homage to their lords. Cowell. RESPOND. 1. To make or file an an swer to a bill, libel, or appeal, in the charac ter ot a respondent, (q. v.) 2. To be liable or answerable; to make satisfaction or amends; as, to "respond in RESPONDE BOOK. In Scotch prac tice. A book kept by the directors of chan cery, in which are entered all non-entry and relief duties payable by heirs who take pre cepts from chancery. Bell. RESPONDEAT OUSTER. Upon anis sue in law arising upon a dilatory plea, the form of judgment for the plaintiff is that the defendant answer over, which is thence called a judgment of "respondeat ouster." This not being a final judgment, the plead ing is resumed, and the action proceeds. Steph. PI. 115; 3 Bl. Comm. 303. Respondeat raptor, qui ignorare non potuit quod pupillum alienum abduxit. Hob. 99. Let the ravisher answer, for he cannot be ignorant that he has taken away another's ward. Respondeat superior. Let the master answer. This maxim means that a master is liable in certain cases for the wrongful acts of his servant, and a principal for those of his agent. Broom, Max. 843. RESPONDENT. The party who makes an answer to a bill or other proceeding in chancery. The party who appeals against the judg ment of an inferior court is termed the "ap pellant;" and he who contends against the appeal, the "respondent." The word also denotes the person upon whom an ordinary petition in the court of chancery (or a libel in admiralty) is served, and who is, as it

were, a defendant thereto. The terms "re spondent" and "co-respondent" are used in like manner in proceedings in the divorce court. Brown. In the civil law. One who answers or is security for another; a fidejussor. Dig. 2, 8, 6. RESPONDENTIA. The hypothecation of the cargo or goods on board a ship as se curity for the repayment of a loan, the term "bottomry" being confined to hypothecations of the ship herself; but now the term "re spondentia" is seldom used, and the expres sion "bottomry" is generally employed, whether the vessel or her cargo or both be the security. Maude & P. Shipp. 433; Smith, Merc. Law, 416. Respondentia is a contract by which a cargo, or some part thereof, is hypothecated as security for a loan, the repayment of which is dependent on maritime risks. Civil Code Cal. § 3036; Civil Code Dak. § 1796. The word "respondentia" properly applies to the loan of money upon merchandise laden on board a ship, the repayment whereof is made to depend upon the safe arrival of the merchandise at the destined port. Newb. Adm. 514, 516. Respondera son soveraigne. His su perior or master shall answer. Articuli sup. Chart, c. 18. RESPONDERE NON DEBET. Lat. In pleading. The prayer of a plea where the defendant insists that he ought not to an swer, as when he claims a privilege; for ex ample, as being a member of congress or a foreign ambassador. 1 Chit. PI. *433. RESPONSA PRUDENTUM. Answers of jurists; responses given upon cases oi questions of law referred to them, by certain learned Roman jurists, who, though not magistrates, were authorized to render such opinions. These responsa constituted one of the most important sources of the earlier Roman law, and were of great value in de veloping its scientific accuracy. They held much the same place of authority as our modern precedents and reports. RESPONSALIS. In old English law. One who appeared for another. In ecclesiastical law. A proctor. RESPONSALIS AD LUCRANDUM VEL PETENDUM. He who appears and answers for another in court at a day as signed; a proctor, attorney, or deputy. 1 Reeve, Eng. Law, 169.

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