Blacks Law Dict. 1st ed

1039

BETTB

REUS PROMITTEND1

RETURNABLE. In practice. To be returned; requiring a return. When a writ is said to be "returnable" on a certain day, it is meant that on that day the officer must return it. RETURNING BOARD. This is the of ficial title in some of the states of the board of canvassers of elections. RETURNING FROM TRANSPOR TATION. Coming back to England before the term of punishment is determined. RETURNING OFFICER. The official who conducts a parliamentary election in England. The sheriff in counties, and the mayor in boroughs. Wharton. RETURNUM AVERIORUM. A judi cial writ, similar to the retorno habendo. Cowell. RETURNUM IRREPLEGIABILE. A judicial writ addressed to the sheriff for the final restitution or return of cattle to the owner when unjustly taken or distrained, and so found by verdict. It is granted after a nonsuit in a second deliverance. Beg. Jud. 27. REUS. Lat. In the civil and canon law. The defendant in an action or suit. A person judicially accused of a crime; a person criminally proceeded against. Halli fax, Civil Law, b. 3, c. 13, no. 7. A party to a suit, whether plaintiff or de fendant; a litigant. This was the ancient sense of the word. Calvin. A party to a contract. Reus stipulandi, a party stipulating; the party who asked the question in the form prescribed for stipula tions. Reuspromittendi, a party promising; the party who answered the question. Reus excipiendo fit actor. The defend ant, by excepting or pleading, becomes a plaintiff; that is, where, instead of simply denying the plaintiff's action, he sets up some new matter in defense, he is bound to estab lish it by proof, just as a plaintiff is bound to prove his cause of action. Bounier, Tr. des Preuves, §§ 152, 320; Best, Ev. p. 294, §252. Reus laesaD majestatis punitur ut pereat unus ne pereant omnes. A traitor is punished that one may die lest all perish. 4 Coke, 124. REUS PROMITTENDI. See EEUS STIPULANDI.

Into force. Every statute which takes away or impairs vested rights acquired under exist ing laws, or creates a new obligation, im poses a new duty, or attaches a new disabil ity in respect to transactions or considera tions already past, must be deemed retro apective. 2 Gall. 139. See Ex POST FACTO. RETTE. L. Fr. An accusation or charge. St. Westm. 1, c. 2. RETURN. The act of a sheriff, con stable, or other ministerial officer, in deliver ing back to the court a writ, notice, or other paper, which he was required to serve or ex ecute, with a brief account of his doings un der the mandate, the time and mode of serv ice or execution, or his failure to accomplish it, as the case may be. Also the indorsement made by the officer upon the writ or other paper, stating what he has done under it, the time and mode of service, etc. The report made by the court, body of mag istrates, returning board, or other authority charged with the official counting of the votes cast at an election. In English practice, the election of a mem ber of parliament is called his "return." RETURN-BOOK. The book containing the list of members returned to the house of commons. May, Parl. Pr. RETURN-DAY. The day named in a writ or process, upon which the officer is re quired to return it. RETURN IRREPLEVISABLE. A writ allowed by the statute of Westm. 2, c. 2, to a defendant who had had judgment upon verdict or demurrer in an action of replevin, or after the plaintiff had, on a writ of second deliverance, become a second time nonsuit in such action. By this writ the goods were returned to the defendant, and the plaintiff was restrained from suing out a fresh replev in. Previously to this statute, an unsuc cessful plaintiff might bring actions of replev in in infinitum, in reference to the same matter. 3 Bl. Comm. 150. RETURN OF PREMIUM. The repay ment of the whole or a ratable part of the premium paid for a policy of insurance, upon the cancellation of the contract before the time fixed for its expiration. RETURN OF WRITS. In practice. A short account, in writing, made by the sher iff, or other ministerial officer, of the manner in which he has executed a writ. Steph.Pl. 24.

Archive CD Books USA