KFLCC Kingdom Law 2nd Ed.

1014

REMAINDER

REMISE

32 N. E. 366; Hudson v. Wadsworth, 8 Conn. 359.— Vested remainder. An estate by which a present interest passes to the party, though to be enjoyed vn futuro, and by which the es tate is invariably fixed to remain to a determi nate person after the particular estate has been spent. 2 Bl. Comm. 168. A vested remainder is one limited to a certain person at a certain time or upon the happening of a necessary event. Code Ga. § 2265. And see Poor v. Considine, 6 Wall. 474, 18 L. Ed. 869; Tayloe v. Gould, 10 Barb. (N. Y.) 396; Johnson v. Edmond, 65 Conn. 492, 33 Atl. 503; Marvin v. Ledwith, 111 111. 150; Wallace v. Minor, 86 Va. 550, 10 S. E. 423; Woodman v. Woodman, 89 Me. 128, 35 Atl. 1037; Brown v. Lawrence, 3 Cush. (Mass.) 397. Remainder to a person not of a capac ity to take at the time of appointing it, is void. Plowd. 27. REMAINDER-MAN. One who is enti tled to the remainder of the estate after a particular estate carved out of it has expired. REMAND. To remand a prisoner, after a preliminary or partial hearing before a court or magistrate, is to send him back to custody, to be kept until the hearing is resum ed or the trial comes on. To remand a case, brought into an appel late «ourt or removed from one court into another, is to send it back to the court from which it came, that further proceedings in the case, if any, may be taken there. REMANENT PRO DEFECTU EMP TORUM. In practice. The return made by the sheriff to a writ of execution when he has not been able to sell the property seized, that the same remains unsold for want of ouyers. REMANENTIA. In old English law. A remainder. Spelman. A perpetuity, or per petual estate. Glan. lib. 7, c. 1. REMANET. A remnant; that which re mains. Thus the causes of which the trial is deferred from one term to another, or from one sitting to another, are termed "rema nets." 1 Archb. Pr. 375. REMEDIAL. 1. Affording a remedy; giving the means of obtaining redress. 2. Of the nature of a remedy; intended to remedy wrongs or abuses, abate faults, or supply defects. 3. Pertaining to or affecting the remedy, as distinguished from that which affects or modifies the right. —Remedial statute. A statute providing a remedy for an injury, as distinguished from a penal statute. A statute giving a party a mode of remedy for a wrong, where he had none, or a different one, before. 1 Chit. Bl. 86, 87, notes. Remedial statutes are those which are made to supply such defects, and abridge such superflui ties, in the common law, as arise either from the general imperfection of all human laws, from change of time and circumstances, from the mis takes and unadvised determinations of unlearn ed (or even learned) judges, or from any other cause whatsoever. 1 Bl. Comm. 86.

Remedies for rights are ever favor ably extended. 18 Yin. Abr. 521. REMEDY. Remedy is the means by which the violation of a right is prevented, redressed, or compensated. Remedies are of four kinds: (1) By act of the party injured, the principal of which are defense, recaption, distress, entry, abatement, and seizure; (2) by operation of law, as in the case of retainer and remitter; (3) by agreement between the parties, e. g., by accord and satisfaction and arbitration; and (4) by judicial remedy, e. g., action or suit Sweet. See Knapp v. McCaffrey, 177 U. S. 638, 20 Sup. Ct 824, 44 L. Ed. 921; Missionary Soc. v. Ely, 56 Ohio St 405, 47 N. E. 537; U. S. v. Lyman, 26 Fed. Cas. 1,024; Frost v. Witter, 132 Cal. 421, 64 Pac. 705, 84 Am. St. Rep. 53. Also a certain allowance to the master of the mint for deviation from the standard weight and fineness of coins. Enc. Lond. —Adequate remedy. See ADEQUATE.— Civil remedy. The remedy afforded by law to a E rivate person in the civil courts in so far as is private and individual rights have been in jured by a delict or crime; as distinguished from the remedy by criminal prosecution for the injury to the rights of the public.— Cumula tive remedy. See CUMULATIVE.— Extraor dinary remedy. See EXTRAORDINARY.—Le gal remedy. A remedy available, under the particular circumstances of the case, in a court of law, as distinguished from a remedy availa ble only in equity. See State v. Sneed, 105 Tenn. 711, 58 S. W. 1070.—Remedy over. A person who is primarily liable or responsible, but who, in turn,, can demand indemnification from another, who is responsible to him, is said to have a "remedy over." For example, a city, being compelled to pay for injuries caused by a defect in the highway, has a "remedy over" against the person whose act or negligence caused the defect, and such person is said to be "liable over" to the city. 2 Black, Judgm. § 575. REMEMBRANCER. The remembrancer of the city of London Is parliamentary so licitor to the corporation, and is bound to attend all courts of aldermen and common council when required. Pull. Laws & Cust. Lond. 122. REMEMBRANCERS. In English law. Officers of the exchequer, whose duty it is to put in remembrance the lord treasurer and the justices of that court of such things as are to be called and dealt in for the benefit of the crown. Jacob. REMERE. In French law. Redemption ; right of redemption. A sale a re'm&re' is a species of conditional sale with right of re purchase. An agreement by which the ven dor reserves to himself the right to take back the thing sold on restoring the price paid, with costs and interest Duverger. REMISE. To remit or give up. A form al word in deeds of release and quitclaim; the usual phrase being "remise, release, and forever quitclaim." See American Mortg.