KFLCC Kingdom Law 2nd Ed.

1018

REPARATION

REPLEVIABLE

and not merely such aa are absolutely indispens able for the safety of the ship or the accomplish ment of the voyage. The Fortitude, 3 Sumn. 327, Fed. Cas. No. 4,953; Webster v. Seekamp, 4 Barn. & Aid. 362. REPARATION. The redress of an In jury; amends for a wrong inflicted. REPARATIONE FACIENDA. For mak ing repairs. The name of an old writ which lay in various cases; as if, for instance, there were three tenants in common of a mill or house which had fallen into decay, and one of the three was willing to repair it, and the other two not; in such case the party who was willing to repair might have this writ against the others. Cowell; Fitzh. Nat. Brev. 127. REPARTIAMENTO. In Spanish law, a judicial proceeding for the partition of prop erty held in common. See Steinbach v. Moore, 30 Cal. 505. REPATRIATION takes place when a person who has been expatriated regains his nationality. The abrogation or annulling of a previously existing law by the enact ment of a subsequent statute which declares that the former law shall be revoked and abrogated, (which is called "express" repeal,) or which contains provisions so contrary to or irreconcilable with those of the earlier law that only one of the two statutes can stand in force, (called "implied" repeal.) See Oakland Pav. Co. v. Hilton, 69 Cal. 479, 11 Pac. 3; Mernaugh v. Orlando, 41 Fla. 433, 27 South. 34; Hunter v. Memphis, 93 Tenn. 571, 26 S. W. 82& Repellitur a sacramento infamis. An infamous person is repelled or prevented from taking an oath. Co. Litt. 158; Bract, fol. 185. Repellitur exceptions cedendarum ac tionnm. He is defeated by the plea that the actions have been assigned. Cheese brough v. Millard, 1 Johns. Ch. (N. Y.) 409, 414. REPERTORY. In French law. The in ventory or minutes which notaries make of all contracts which take place before them. Merl. Repert A demand or action for the restoration of money paid under mistake, or goods deliv ered by mistake or on an unperformed con dition. Dig. 12, 6. See SOLUTIO INDEBITI. In Scotch law. The act of reading over a witness' deposition, in order that he may adhere to it or correct it at his choice. The same as recoiement (q. v.) in the French law. 2 Benth. Jud. Ev. 239. REPEAL. REPETITION. In the civil law.

REPETITUM NAMIUM. A repeated, second, or reciprocal distress; withernam. 3 Bl. Comm. 148. REPETTJNDiE, or PECUNIAE REPE TUND^E. In Roman law. The terms used to designate such sums of money as the socii of the Roman state, or individuals, claimed to recover from magistratus, indices, or pub lid curatores, which they had improperly taken or received in the provincial, or in the wbs Roma, either in the discharge of their jurisdictio, or in their capacity of indices, or in respect of any other public function. Sometimes the word "repetundm" was used to express the illegal act for which compen sation was sought. Wharton. In Ro man law. The crime of bribery or extortion in a magistrate, or person in any public of fice. Calvin. REPLEAD. To plead anew; to file new pleadings. REPLEADER. When, after issue has been joined in an action, and a verdict given thereon, the pleading is found (on examina tion) to have miscarried and failed to effect its proper object, viz., of raising an apt and material question between the parties, the court will, on motion of the unsuccessful party, award a repleader; that is, will order the parties to plead de novo for the purpose of obtaining a better issue. Brown. Judgment of repleader differs from a judgment non obstante veredicto, in this: that it is al lowed by the court to do justice between the parties where the defect is in the form or man ner of stating the right, and the issue joined is on an immaterial point, so that it cannot tell for whom to give judgment; while judgment non obstante is given only where it is clearly ap parent to the court that the party who has suc ceeded has, upon his own showing, no merits, and cannot have by any manner of statement. ,1 Chit. PI. 687, 688. REPIiEGIARE. To replevy; to redeem a thing detained or taken by another by put ting in legal sureties. —Replegiare de averiis. Replevin of cattle. A writ brought by one whose cattle were dis trained, or put in the pound, upon any cause by another, upon surety given to the sheriff to pros ecute or answer the action in law. Cowell. REPLEGIARI FACIAS. You cause to be replevied. In old English law. The orig inal writ in the action of replevin; super seded by the statute of Marlbridge, c 21. 3 Bl. Comm. 146. REPLETION. In canon law. Where the revenue of a benefice is sufficient to fill or occupy the whole right or title of the gradu ate who holds it. Wharton. REPLEVIABLE, or REPLEVISABLE. Property is said to be repleviable or re plevisable when proceedings in replevin may REPETUNDARTTM CRIMEN.