KFLCC Kingdom Law 2nd Ed.

1024

RESCEIT

RES

Res mobiles. In the civil law. Movable things; things which may be transported 'from one place to another, without injury to their substance and form. Things corresponding with the chattels personal of the common law. 2 Kent, Comm. 347.— Res nova. A new matter; a new case; a question not before decided.— Res nullius. The property of nobody. A thing which has no owner, either because a former owner has finally abandoned it, or be cause it has never been appropriated by any person, or because (in the Roman law) it is not susceptible of private ownership.— Res periit domino. A phrase used to express that, when a thing is lost or destroyed, it is lost to the per son who was the owner of it at the time. Broom. Max. 238.— Res privatse. In the civil law. Things the property of one or more in dividuals. Mackeld. Rom. Law, § 157.— Res publicae. Things belonging to the public; pub lic property; such as the sea, navigable rivers, highways, etc.— Res quotidianae. Every-day matters; familiar points or questions.— Res religiosse. Things pertaining to religion. In Roman law, especially, burial-places, which were regarded as sacred, and could not be the sub jects of commerce.— Res sacrae. In the civil law. Sacred things. Things consecrated by the pontiffs to the service of God; such as sacred edifices, and gifts or offerings. Inst. 2, 1, 8. Chalices, crosses, censers. Bract, fol. 8.— Res sanctse. In the civil law. Holy things; such as the walls and gates of a city. Inst. 2, 1, 10. Walls were said to be holy, because any offense against them was punished capitally. Bract, fol. 8.— Res universitatis. In the civil law. Things belonging to a community, (as, to a mu nicipality,) the use and enjoyment of which, ac cording to their proper purpose, is free to every member of the community, but which cannot be appropriated to the exclusive use of any individ ual; such as the public buildings, streets, etc. Inst. 2, 1, 6; Mackeld. Rom. Law, § 170. Res accendent lumina rebus. One thing throws light upon others. Odgen v. Gibbons, 4 Johns. Ch. (N. ¥.) 149. Res accessoria sequitur rem principa lem. Broom, Max. 491. The accessory fol lows the principal. Res denominatnr a principal! parte. 9 Coke, 47. The thing is named from its principal part. Res est misera nbi jus est vagum et incertnm. 2 Salk. 512. It is a wretched state of things when law is vague and mu table. Res generalem habet significationem quia tarn corporea qnam incorporea, oujuseunque sunt generis, naturae, sive specie!, comprehendit. 3 Inst. 182. The word "thing" has a general signification, be cause it comprehends corporeal and incor poreal objects, of whatever nature, sort, or species. Res inter alios acta alter! nocere non debet. Things done between strangers ought not to injure those who are not parties to them. Co. Litt 132; Broom, Max. 954, 967.

Res inter alios judicatse nullum alils prsejudicium faciunt. Matters adjudged in a cause do not prejudice those who were not parties to it. Dig. 44, 2, 1. Res judicata facit ex albo nigrum; ex nigro, album; ex curvo, rectum; ex recto, curvum. A thing adjudged [the sol emn judgment of a court] makes white, black; black, white; the crooked, straight; the straight, crooked. 1 Bouv. Inst no. 840. Res judicata pro veritate accipitur. A matter adjudged is taken for truth. Dig. 50, 17, 207. A matter decided or passed upon by a court of competent jurisdiction is received as evidence of truth. 2 Kent, Comm. 120. Res per pecuniam sestimatur, et non pecunia per rem. 9 Coke, 76. The value of a thing is estimated according to Its worth In money, but the value of money Is not es timated by reference to a thing. Res propria est quae communis non est. A thing is private which is not common. LeBreton v. Miles, 8 Paige (N. Y.) 261, 270. Res quae intra praesidia perductse non dum sunt, quanquam ab hostibus occu patae, ideo postliminii non egent, quia dominum nondum muturunt ex gentium jure. Things which have not yet been in troduced within the enemy's lines, although held by the enemy, do not need the fiction of postliminy on this account, because their ownership by the law of nations has not yet changed. Gro. de Jure B. L 3, c 9, § 16; Id. 1. 3, c. 6, § 3. Res sacra non recipit aestimationem. A sacred thing does not admit of valuation. Dig. 1, 8, 9, 5. Res sua nemini servit. 4 Macq. H. I* Cas. 151. No one can have a servitude over his own property. Res transit cum suo onere. The thing passes with its burden. Where a thing has been incumbered by mortgage, the incum brance follows it wherever it goes. Bract fols. 476, 48. RESALE. Where a person who has sold goods or other property to a purchaser sells them again to some one else. Sometimes a vendor reserves the right of reselling if the purchaser commits default in payment of the purchase money, and in some cases (e. g., on a sale of perishable articles) the vendor may do so without having reserved the right Sweet RESCEIT. In old English practice. An admission or receiving a third person to plead his right in a cause formerly com-