KFLCC Kingdom Law 2nd Ed.

KEMISE DE LA DETTE

1015

REMOTENESS OP EVIDENCE

REMITTIT DAMNA. Lat An entry on the record, by which the plaintiff declares that he remits a part of the damages which have been awarded him. REMITTITUR DAMNA. Lat In prac tice. An entry made on record, in cases where a jury has given greater damages than a plaintiff has declared for, remitting the ex cess. 2 Tidd, Pr. 896. REMITTITUR OF RECORD. The re turning or sending back by a court of appeal of the record and proceedings in a cause, after its decision thereon, to the court whence the appeal came, in order that the cause may be tried anew, (where it is so ordered,) or that judgment may be entered in accordance with the decision on appeal, or execution be issued, or any other necessary action be taken in the court below. REMITTOR. A person who makes a re mittance to another. REMONSTRA NCE. Expostulation; showing of reasons against something pro posed; a representation made to a court or legislative body wherein certain persons unite in urging that a contemplated measure be not adopted or passed. See Girvin v. Simon, 127 Cal. 491, 59 Pac. 945; In re Mercer Coun ty License Applications, 3 Pa. Co. Ct R. 45. REMOTE. This word is used in law chiefly as the antithesis of "proximate," and conveys the idea of mediateness or of the intervention of something else. —Remote cause. In the law of negligence, a "remote" cause of an accident or injury is one which does not by itself alone produce the giv en result but which sets in motion another cause, called the "proximate" cause, which im mediately brings about the given effect; or, as otherwise denned, it is "that which may have happened and yet no injury have occurred, not withstanding that no injury could have occurred if it had not happened." See Troy v. Railroad Co., 99 N. C. 298, 6 S. E. 77, 6 Am. St. Rep. 521; Maryland Steel Co. v. Marney, 88 Md. 482, 42 Atl. 60, 42 L. R. A. 842, 71 Am. St. Rep. 441; Hoey v. Metropolitan St. Ry. Co., 70 App. Div. 60, 74 N. Y. Supp. 1113; Clay pool v. Wigmore, 34 Ind. App. 35, 71 N. E. 509. —Remote damage. Damage is said to be too remote to be actionable when it is not the legal and natural consequence of the act complained of.—Remote possibility. In the law of es tates, a double possibility, or a limitation de pendent on two or more facts or events both or all of which are contingent and uncertain; as, for example, the limitation of an estate to a given man provided that he shall marry a cer tain woman and that she shall then die and he shall marry another. Want of close connec tion between a wrong and the injury, as cause and effect, whereby the party injured cannot claim compensation from the wrong doer. Wharton. REMOTENESS OF EVIDENCE. When the fact or facts proposed to be establish- REMOTENESS.

Co. v. Hutchinson, 19 Or. 334, 24 Pac. 515; McAnaw v. Tiffin, 143 Mo. 667, 45 S. W. 656; Lynch v. Livingston, 6 N. Y. 434. REMISE DE LA DETTE. In French law. The release of a debt REMISSION. In the civil law. A re lease of a debt It is conventional, when it is expressly granted to the debtor by a cred itor having a capacity to alienate; or tacit, when the creditor voluntarily surrenders to his debtor the original title, under private signature constituting the obligation. Civ. Code" La. a r t 2195. "Remission" also means forgiveness or con donation of an offense or injury. At common law. The act by which a forfeiture or penalty is forgiven. United States v. Morris, 10 Wheat 246, 6 L. Ed. 314. Remissius imperanti melius paretur. 3 Inst 233. A man commanding not too strictly is better obeyed. REMISSNESS. This term imports the doing of the act in question in a tardy, neg ligent or careless manner; but it does not apply to the entire omission or forbearance of the act Baldwin v. United States TeL Co., 6 Abb. Prac. N. S. (N. Y.) 423. REMIT. To send or transmit; as to re mit money. Potter v. Morland, 3 Cush. (Mass.) 388; Hollowell v. Life Ins. Co., 126 N. C. 398, 35 S. E. 616. To give up; to annul; to relinquish ; as to remit a fine. Jungbluth v. Redfield, 14 Fed. Cas. 52; Gibson v. People, 5 Hun (N. Y.) 543. REMITMENT. The act of sending back to custody; an annulment Wharton. REMITTANCE. Money sent by one" per son to another, either in specie, bill of ex change, check, or otherwise. REMITTEE. A person to whom a re mittance is made. Story, Bailm. § 75. REMITTER. The relation back of a later defective title to an earlier valid title. Re mitter is where he who has the true property or jus proprietatis in lands, but is out of possession thereof, and has no right to enter without recovering possession in an action, has afterwards the freehold cast upon him by some subsequent and of course defective title. In this case he is remitted, or sent back by operation of law, to his ancient and more cer tain title. The right of entry which he has gained by a bad title shall be ipso facto an nexed to his own inherent good one; and his defeasible estate shall be utterly defeated and annulled by the instantaneous act of law, without his participation or consent 3 BL Comm. 19.