Blacks Law Dict. 1st ed

1035

RESPONSIBILITY

RESTITUTION OF MINORS

RESPONSIBILITY. The obligation to answer for an act done, and to repair any injury it may have caused. RESPONSIBLE. To say that a person is "responsible" means that he is able to pay a sum for which he is or may become liable, or to discharge an obligation which he may be under. 26 N. H. 527. RESPONSIBLE GOVERNMENT. This term generally designates that species of governmental system in whieh the respon sibility for public measures or acts of stat« rests upon the ministry or executive council, who are under an obligation to resign when disapprobation of their course is expressed by a vote of want of confidence, in the legisla tive assembly, or by the defeat of an impor taut measure advocated by them. Responsio unius non omnino audia tur. The answer of one witness shall not be heard at all. A maxim of the Roman law of evidence. 1 Greenl. Ev. § 260. RESPONSIVE. Answering; constitut ing or comprising a complete answer. A "responsive allegation" is one which directly answers the allegation it is intended to meet. RESSEISER. The taking of lands into the hands of the crown, where a general livery or ouster le main was formerly mis used. REST. In the trial of an action, a party is said to "rest," or "lest his case," when he intimates that he has produced all the evi dence he intends to offer at that stage, and submits the case, either finally, or subject to his right to afterwards offer rebutting evi dence. RESTAMPING WRIT. Passing it a second time through the proper office, where upon it receives a new stamp. 1 Chit. Arch. Pr. 212. RESTAUR, or RESTOR. The remedy or recourse which assurers have against each other, according to the date of their assur ances, or against the master, if the loss arise through his default, as through ill loading, want of caulking, or want of having the ves sel tight; also the remedy or recourse a per son has against his guarantor or other person who is to indemnify him from any damage sustained. Enc. Lond. RESTAURANT. This term, as current ly understood, means only, or chiefly, an eat ing-house; but it has no such fixed and defi

nite legal meaning as necessarily to exclude its being an "inn" in the legal sense. 10 Fed. Rep. 4. RESTITUTIO IN INTEGRUM. Lat. In the civil law. Restoration or restitution to the previous condition. This was effected by the praetor on equitable grounds, at the prayer of an injured party, by rescinding or annulling a contract or transaction valid by the strict law, or annulling a change in the legal condition produced by an omission, and restoring the parties to their previous situa tion or legal relations. Dig. 4, 1; Mackeld. Rom. Law, § 220. The restoiation of a cause to its first state, on petition of the party who was cast, in order to have a second hearing. Hallifax, Civil Law, b. 3, c. 9, no. 49. RESTITUTION. In maritime law. "When a portion of a ship's cargo is lost by jettison, and the remainder saved, and the articles so lost are replaced by a general con tribution among the owners of the cargo, this is called "restitution." In practice. The return of something to the owner of it or to the person entitled to it. If, after money has been levied under a writ of execution, the judgment be reversed by writ of error, or set aside, the party against whom the execution was sued out shall have restitution. 2 Tidd, Pr. 1033; 1 Burrill, Pr. 292. So, on conviction of a fel on, immediate restitution of such of the goods stolen as are brought into court will be ordered to be made to the several prosecutors. 4 Steph. Comm. 434. In equity. Restitution is the restoration of both parties to their original condition, (when practicable,) upon the rescission of a contract for fraud or similar cause. RESTITUTION OF CONJUGAL RIGHTS. In English ecclesiastical law. A species of matrimonial cause or suit which is brought whenever either a husband or wife is guilty of the injury of subtraction, or lives separate from the other without any sufficient reason; in which case the ecclesiastical juris diction will compel them to come together again, if either party be weak enough to de sire it, contrary to the inclination of the other. 3 Bl. Comm. 94. RESTITUTION OF MINORS. In Scotch law. A minor on attaining majority may obtain relief against a deed previously executed by him, which may be held void or

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