KFLCC Kingdom Law 2nd Ed.

1011

RELEASE

RELATION

RELAXATION. In old Scotch practice. Letters passing the signet by which a debtor was relaxed [released] from the horn; that is, from personal diligence. BelL RELEASE. 1. Liberation, discharge, or setting free from restraint or confinement. Thus, a man unlawfully imprisoned ma,y ob tain his release on habeas corpus. Parker v. U. S., 22 Ct CI. 100. 2. The relinquishment, concession, or giv ing up of a right, claim, or privilege, by the person in whom it exists or to whom it ac crues, to the person against' whom it might have been demanded or enforced. Jaqua v. Shewalter, 10 Ind. App. 234, 37 N. E. 1072; Winter v. Kansas City Cable Ry. Co., 160 Mo. 159, 61 S. W. 606. 3. The abandonment to (or by) a person called as a witness in a suit of his interest in the subject-matter of the controversy, in order to qualify him to testify, under the common-law rule. 4. A receipt or certificate given by a ward to the guardian, on the final settlement of the latter's accounts, or by any other beneficiary on the termination of the trust administra tion, relinquishing all and any further rights, claims, or demands, growing out of the trust or incident to it. 5. In admiralty actions, when a ship, car go, or other property has been arrested, the owner may obtain its release by giving bail, or paying the value of the property into court Upon this being done he obtains a release, which is a kind of writ under the seal of the court, addressed to the marshal, commanding him to release the property. Sweet 6. In estates. The conveyance of a man's interest or right which he hath unto a thing to another that hath the possession thereof or some estate therein. Shep. Touch. 320. The relinquishment of some right or benefit to a person who has already some interest in the tenement and such interest as qualifies him for receiving or availing himself of the right or benefit so relinquished. Burt. Real Prop. 12; Field v. Columbet, 9 Fed. Cas. 13; Ba ker v. Woodward, 12 Or. 3, 6 Pac. 173; Miller v. Emans, 19 N. Y. 387. A conveyance of an ulterior interest in lands or tenements to a particular tenant, or of an undivided share to a co-tenant, (the re leasee being in either case in privity of es tate with the releasor,) or of the right, to a person wrongfully in possession. 1 Steph. Comm. 479. —Deed of release. A deed operating by way of release, in the sense of the sixth definition given above; but more specifically, in those states where deeds of trust are in use instead of common-law mortgages, as a means of pledg ing real property as security for the payment of a debt, a "deed of release" is a conveyance in fee, executed by the trustee or trustees, to the grantor in, the deed of trust, which conveys back to him the legal title to the estate, and which is to be given on satisfactory proof that he has paid the secured debt in full or otherwise com-

ranto are entitled "on the relation of" a pri vate person, who is called the "relator." But in this connection the word seems also to involve the idea of the suggestion, insti gation, or instance of the relator. 5. In the civil law, the term "relation" was used to designate the report of the facta and law in a pending case, made by the judges to the emperor, for the purpose of ob taining his opinion on the questions of law involved, in the form of an imperial re script. This proceeding might be resorted to in cases where no law seemed applicable, or where there were great difficulties in its in terpretation, until it was abolished by Jus tinian. Nov. 125. Relation never defeats collateral aets. 18 Vin. Abr. 292. Relation shall never make good a void grant or devise of the party. 18 Vin. Abr. 292. RELATIONS. A term which, in its widest sense, includes all the kindred of the person spoken of. 2 Jarm. Wills, 661. RELATIVE. A kinsman; a person con nected with another by blood or affinity. A person or thing having relation or con nection with some other person or thing; as, relative rights, relative powers, mfra. —Relative confession. See CONFESSION.— Relative fact. In the law of evidence. A fact having relation to another fact; a minor fact; a circumstance.— Relative powers. Those which relate to land; so called to dis tinguish them from those which are collateral to it.— Relative rights. Those rights of per sons which are incident to them as members of society, and standing' in various relations to each other. 1 Bl. Gomm. 123. Those rights of persons in private life which arise from the civil and domestic relations. 2 Kent, Coram. 1. Relative words refer to the next ante cedent, unless the sense be thereby im paired. Noy, Max. 4; Wing. Max. 19; Broom, Max. 606; Jenk. Cent 180. Relativorunt, cognito nno, cognoscitnr et alteram. Cro. Jac. 539. Of relatives, one being known, the other is also known. RELATOR. The person upon whose com plaint, or at whose instance, an information or writ of quo warranto is filed, and who is quasi the plaintiff in the proceeding. RELATRIX. In practice. A female re lator or petitioner. RELAXARE. In old conveyancing. To release. Relaxavi, relaxasse, have released. Lift. § 445. RELAXATIO. In old conveyancing. A release; an instrument by which a person re linquishes to another, his right in anything.