Blacks Law Dict. 1st ed

1036

RESTS

RESTITUTION, WRIT OF

would not, then with equal propriety may It be said, when a port is blockaded, that the vessels within are confined, or restrained from coming out. The blockading force is not in possession of the vessels inclosed in the harbor, but it acts upon and restrains them. It is a vis major, applied di rectly and effectually to them, which prevents them from coming out of port. This appears to the court to be, in correot language, ' a restraint,' by the power imposing the blockade; and when a vessel, attempting to come out, is boarded and turned back, this restraining force is practically applied to such vessel." 3 Wheat. 189. The terms "restraint" and "detention of princes," as used in policies of marine insurance, have the same meaning,—that of the effect of su perior force, operating directly on the vessel. So long as a ship is under restraint, so long she is de tained; and, whenever she is detained, she is un der restraint. 6 Mass. 102. RESTRAINT OF MARRIAGE. A contract, covenant, bond, or devise is "in re straint of marriage" when its conditions unreasonably hamper or restrict the party's freedom to marry, or his choice, or unduly postpone the time of his marriage. RESTRAINT OP TRADE. A con tract is void, as being "in restraint of trade, " when by it a person binds himself to abstain everywhere from the exercise of a paiticular lawful trade, business, or avocation. RESTRAINT ON ALIENATION Is where property is given to a married woman to her separate use, without power of alienation. RESTRICTION. In the case of land registered under the English land transfer act, 1875, a restriction is an entry on the register made on the application of the regis teied proprietor of the land, the effect of which is to prevent the transfer of the land or the creation of any charge upon it, unless notice of the application for a transfer or chaige is sent by post to a certain address, or unless the consent of a certain person or per sons to the transfer or charge is obtained, or unless some other thing is done. Sweet. RESTRICTIVE INDORSEMENT. An indorsement may be so worded as to restrict the further negotiability of the instrument* and it is then called a "restrictive indorse ment." Thus, "Pay the contents to J. S. only," or "to J. S. for my use," are re strictive indorsements, and put an end to the negotiability of the paper. 1 Daniel, Neg. Inst. § 698. RESTS. Periodical balancings of an ac count, (particularly in mortgage and trust accounts,) made for the purpose of convert ing inteiest into principal, and charging the

voidable according to circumstances. This is called "restitution of minors." Bell. RESTITUTION, WRIT OP. In prac tice. A writ which lies, after the reversal of a judgment, to restore a party to all that he has lost by occasion of the judgment. 2 Tidd, P/. 1186. RESTITUTIONS EXTRACTI AB ECCLESIA. A writ to restore a man to the church, which he had recovered for his sanctuary, being suspected of felony. Reg. Orig. 69. RESTITUTIONE TEMPORALIUM. A writ addressed to the sheriff, to restore the temporalities of a bishopric to the bishop elected and confirmed. Fitzh. Nat. Brev. 169. RESTRAIN. To limit, confine, abridge, narrow down, or restrict. To prohibit from action; to put compul sion upon; to restrict; to hold or press back. To enjoin, (in equity.) RESTRAINING ORDER. An order in the nature of an injunction. The term is applied in England to an order restraining the Bank of England, or some public com pany, from allowing any dealing with some stock or shares specified in the order. It is granted on motion or petition. Hunt, Eq. p. 216. RESTRAINING POWERS. Restric tions or limitations imposed upon the exer cise of a power by the donor thereof. ' RESTRAINING STATUTE. A stat ute which restrains the common law, where it is too lax and luxuriant. 1 Bl. Comm. 87. Statutes restraining the powers of corpora tions in regard to leases have been so called in England. 2 Bl. Comm. 319, 320. RESTRAINT. Confinement, abridg ment, or limitation. Prohibition of action; holding or pressing back from action. Hin drance, confinement, or restriction of lib erty. "What, then, according to a common understand ing, is the meaning of the term 'restraint?' Does it imply that the limitation, restriction, or confinement must be imposed by those who are in possession of the person or thing which is limited, restricted, or confined, or is the term satisfied by a restriction created by the application of exter nal force? If, for example, a town be besieged, and the inhabitants confined within its walls by the besieging army, if, in attempting to come out, they are forced back, would it be inaccurate to say that they are restrained within those limits? The court believes that it would not; and, if it j

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