KFLCC Kingdom Law 2nd Ed.

1013

REMAINDER

RELIGION

RELOCATION. In Scotch law. A re letting or renewal of a lease; a tacit reloca tion is permitting a tenant to hold over with out any new agreement In mining law. A new or fresh location of an abandoned or forfeited mining claim by a stranger, or by the original locator when he wishes to change the boundaries or to cor rect mistakes in the original location. The remnant of an estate In land, depending upon a particular prior estate created at the same time and by the same'instrument, and limited to arise im mediately on the determination of that es tate, and not in abridgment of i t 4 Kent, Comm. 197. An estate limited to take effect and be enjoyed after another estate is determined. As, if a man seised in fee-simple grants lands to A. for twenty years, and, after the determination of the said term, then to B. and his heirs forever, here A. is tenant for years, remainder to B. in fee. 2 Bl. Comm. 164. An estate in remainder is one limited to be enjoyed after another estate is determined, or at a time specified in the future. An estate in re version is the residue of an estate, usually the fee left in the grantor and his heirs after the determination of a particular estate which he has granted out of it The rights of the rever sioner are the same as those of a vested remain der-man in fee. Code Ga. 1882, § 2263. And see Sayward v. Sayward, 7 Me. 213, 22 Am. Dec. 191; Bennett v. Garlock, 10 Hun (N. Y.) 337; Dana v. Murray, 122 N. Y. 604, 26 N. E. 21; Booth v. Terrell, 16 Ga. 24; Palmer v. Cook, 159 111. 300, 42 N. EL 796, 50 Am. St. Rep. 165; Wells v. Houston, 23 Tex. Civ. App. 629, 57 S. W. 584; Hudson v. Wadsworth, 8 Conn. 359. — Contingent remainder. An estate in re mainder which is limited to take effect either to a dubious and uncertain person, or upon a dubi ous and uncertain event, by which no present or particular interest passes to the remainder-man, so that the particular estate may chance to be determined and the remainder never take ef fect. 2 Bl. Comm. 169. A remainder limited so as to depend upon an event or condition which may never happen or be performed, or which may not happen or be performed till aft er the determination of the preceding estate. Fearne, Rem 3; Thompson v. Adams, 205 111. 552, 69 N. E. 1; Griswold v. Greer, 18 Ga. 545; Price v. Sisson, 13 N. J. Eq. 168; Yocum v. Siler, 160 Mo. 281, 61 S. W. 208; Shannon v. Bonham, 27 Ind. App. 369, 60 N. E. 951.— Cross-remainder. Where land is devised or conveyed to two or more persons as tenants in common, or where different parts of the same land are given to such p'ersons in severalty, with such limitations that, upon the determination of the particular estate of either, his share is to pass to the other, to the entire exclusion of the ultimate remainder-man or reversioner un til all the particular estates shall be exhausted, the remainders so limited are called "cross-re mainders." In wills, such remainders may arise by implication; but, in deeds, only by express limitation. See 2 Bl. Comm. 381; 2 Washb. Real Prop. 233; 1 Prest. Est. 94.— Executed remainder. A remainder which vests a pres ent interest in the tenant, though the enjoyment is postponed to the future. 2 Bl. Comm. 168; Fearne, Rem. 31; Hudson v. Wadsworth, 8 Conn. 359.— Executory remainder. A con tingent remainder; one which exists where the estate is limited to take effect either to a dubi ous and uncertain person or upon a dubious and uncertain event Temple v. Scott 143 111. 290, REMAINDER.

25 L. Ed. 244; Davis v. Beason, 133 U. S. 333, 10 Sup. Ct 299, 33 L. Ed. 637; Board of Education v. Minor, 23 Ohio St. 241, 13 Am. Rep. 233. — Religion, offenses against. In English law. They are thus enumerated by Black stone: (1) Apostasy; (2) heresy; (3) reviling the ordinances of the church; (4) blasphemy; (5) profane swearing; (6) conjuration or witch craft ; (7) religious imposture; (8) simony; (9) profanation of the Lord's day; (10) drunk enness; (11) lewdness. 4 Bl. Comm. 43. When religious books or reading are spoken of, those which tend to promote the religion taught by the Christian dispensation must be considered as referred to, unless the meaning is so limited by asso ciated words or circumstances as to show that the speaker or writer had reference to some other mode of worship. Simpson v. Welcome, 72 Me. 500, 39 Am-. Rep. 349. — Religious corporation. See CORPORA TION.— Religious houses. Places set apart for pious uses; such as monasteries, churches, hospitals, and all other places where charity was extended to the relief of the poor and or phans, or for the use or exercise of religion. —Religious impostors. In English law. Those who falsely pretend an extraordinary commission from heaven, or terrify and abuse the people with false denunciations of judg ment; punishable with fine, imprisonment, and infamous corporal punishment. 4 Broom & H. Comm. 71.— Religious liberty. See LIBERTY. —Religious men. Such as entered into some monastery or convent. In old English deeds, the vendee was often restrained from aliening to "Jews or religious men" lest the lands should fall into mortmain. Religious men were civilly dead. Blount.— Religious society. A body of persons associated together for the purpose of maintaining religious worship. A church and society are often united in maintaining worship, and in such cases the society commonly owns the property, and makes the pecuniary contract with the minister. But, in many in stances, societies exist without a church, and churches without a society. Silsby v. Barlow, 16 Gray (Mass.) 330; Weld v. May, 9 Cush. (Mass.) 188; Hebrew Free School Ass'n v. New York, 4 Hun (N. Y.) 449.— Religious use. See CHARITABLE USES. A forsaking, abandoning, renouncing, or giv ing over a right RELIQUA. The remainder or debt which a person finds himself debtor in upon the balancing or liquidation of an account. Hence reliquary, the debtor of a reliqua; as also a person who only pays piece-meal. Enc. Lond. RELIQUES. Remains; such as the bones, etc., of saints, preserved with great veneration as sacred memorials. They have been forbidden to be used or brought into England. St. 3 Jac. I. c 26. Lat In the civil law. A renewal of a lease on its determination. It may be either express or tacit; the latter la when the tenant holds over with the knowl edge and without objection of the landlord. Mackeld. Rom. Law, § 412. RELIGIOUS. RELINQUISHMENT. In practice. RELOCATIO.