Blacks Law Dict. 1st ed

1037

RESULT

RETIRE

RETAIN. In practice. To engage the services of an attorney or counsellor to man age a cause. See RETAINER, 2. RETAINER. 1. The right of retainer is the right which the executor or administrator of a deceased person has to retain out of the as sets sufficient to pay any debt due to him from the deceased in priority to the other creditors whose debts are of equal degree. 3 Steph. Comm. 263. 2. In English practice, a "retainer," as ap plied to counsel, is commonly used to signi fy a notice given to a counsel by an attorney on behalf of the plaintiff or defendant in an action, in order to secure his services as ad vocate when the cause comes on for trial. Holthouse. 3. A servant, not menial or familiar,—that is, not continually dwelling in the house of his master, but only wearing his livery, and attending sometimes upon special occasions, —is, in old English usage, called a "retain er." Cowell. RETAINING A CAUSE. In English practice. The act of one of the divisions of the high court of justice in retaining juris diction of a cause wrongly brought in that division instead of another. Under the judi cature acts of 1873 and 1875, this may be done, in some cases, in the discretion of the court or a judge. R E T A I N I N G TEE. A fee given to counsel on engaging his services for the tiial of the cause. RETAKING. The taking one's goods, from another, who without right has taken possession thereof. RETALIATION. The lex talionis, (q. t>.) RETALLIA. In old English law. Re tail; the cutting up again, or division of a commodity into smaller parts. RETENEMENTUM. In old English law. Restraint; detainment; withholding. RETENTION. In Scotch law. A spe cies of lien; the light to retain possession of a chattel until the lienor is satisfied of his claim upon the article itself or its owner. RETINENTIA. A retinue, or persons retained by a prince or nobleman. Cowell. RETIRE. As applied to bills of exchange, this word is ambiguous. It is commonly used of an indorser who takes up a bill by handing the amount to a transferee, after

party liable thereon with compound interest. Mozley & "Whitley. RESULT. In law, a thing is said to re sult when, after having been ineffectually or only partially disposed of, it comes back to its former owner or his representatives. Sweet. RESULTING TRUST. Onethat arises by implication of law, or by the operation and construction of equity, and which is estab lished as consonant to the presumed intention of the parties as gathered from the nature of the transaction. RESULTING USE. A use raised by equity for the benefit of a feoff or who has made a voluntary conveyance to uses without any declaration of the use. 2 Washb. Eeal Prop. 100. A resulting use arises where the legal seisin is transferred, and no use is expressly declared, nor any consideration nor evidence of intent to direct the use. The use then re mains in the original grantor, for it cannot be supposed that the estate was intended to be given away, and the statute immediately transfers the legal estate to such I esulting use. Wharton. RESUMMONS. In practice. A second summons. The calling a person a second time to answer an action, where the first summons is defeated upon any occasion; as the death of a party, or the like. Co well. RESUMPTION. In old English law. The taking again into the king's hands such lands or tenements as before, upon false sug gestion, or other error, he had delivered to the heir, or granted by letters patent to any man. Cowell. RESURRENDER. Where copyhold land has been mortgaged by surrender, and the mortgagee has been admitted, then, on the mortgage debt being paid off, the mort gagor is entitled to have the land reconveyed to him, by the mortgagee surrendering it to the lord to his use. This is called a " resur render." 2 Dav. Conv. 1332w. RETAIL. To sell by small parcels, and not in the gross. To sell in small quanti ties. 7 Mete. (Mass.) 308; 5 Mart. (2J. S.) 297. RETAILER OP MERCHANDISE. A met chant who buys articles m gross or merchandise in large quantities, and sells the same by single articles or in small quanti ties.

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