KFLCC Kingdom Law 2nd Ed.

1025

RESERVATION

RESCEIT

In Individual cases, chiefly given in response to inquiries by parties in relation to litigated suits, or to inquiries by the judges, and which became rules for future litigated or doubtful legal questions. Mackeld. Rom. Law, § 46. At common law. A counterpart, dupli cate, or copy. In American law. A written order from the court to the clerk, giving directions con cerning the further disposition of a case. Pub. St Mass. p. 1295. The written statement by an appellate court of its decision in a case, with the rea sons therefor, sent down to the trial court RESCRIPTION. In French law. A re scription is a letter by which one requests some one to pay a certain sum of money, or to account for him to a third person for it Poth. Cont de Change, no. 225. RESCRIPTUM. Lat In the civil law. A species of imperial constitution, in the form of an answer to some application or pe tition; a rescript Calvin. RESCUE. The act of forcibly and inten tionally delivering a person from lawful ar rest or imprisonment, and setting him at liberty. 4 Bl. Comm. 131; Code Ga. § 4478; Robinson v. State, 82 Ga. 535, 9 S. E. 528. The unlawfully or forcibly taking back goods which have been taken under a dis tress for rent damage feasant etc. Hamlin v. Mack, 33 Mich. 108. In admiralty and maritime law. The deliverance of property taken as prize, out of the hands of the captors, either when the captured party retake it by their own efforts, or when, pending the pursuit or struggle, the party about to be overpowered receive rein forcements, and so escape capture. RESCUSSOR. In old English law. A rescuer; one who commits a rescous. Cro. Jac. 419; Cowell. RESCYT. L. Fr. Resceit; receipt; the receiving or harboring a felon, after the com mission of a crime. Britt c. 23. RESEAXING WRIT. In English law. The second sealing of a writ by a master so as to continue it, or to cure it of an irregu larity. RESERVANDO. Reserving. In old con veyancing. An apt word of reserving a rent. Co. Litt 47a. Reservatio non debet esse de proficnis ipsis, qnia ea concednntnr, sed de reditu novo extra proficua. A reservation ought not to be of the profits themselves, because they are granted, but from the new rent apart from the profits. Co. Litt. 142. RESERVATION. A clause in a deed or other instrument of conveyance by which the

menced between two others; as, In an action by tenant for life or years, he in the rever sion might come in and pray to be received to defend the Land, and to plead with the demandant. Cowell. —Resceit of homage. The lord's receiving homage of his tenant at his admission to the land. Kitch. 148. RESCIND. To abrogate, annul, avoid, or cancel a contract; particularly,^nullifying a contract by the act of a party. See Powell v. Linde Co., 29 Misc. Rep. 419, 60 N. Y. Supp. 1044; Hurst v. Trow Printing Co., 2 Misc. Rep. 361, 22 N. Y. Supp. 371. RESCISSIO. Lat. In the civil law. An annulling; avoiding, or making void; abro gation ; rescission. Cod. 4, 44. RESCISSION. Rescission, or the act of rescinding, is where a contract is canceled, annulled, or abrogated by the parties, or one of them. In Spanish law, nullity is divided into abso lute and relative* The former is that which aris es from a law, whether civil or criminal, the principal motive for which is the public inter est; and the latter is that which affects only certain individuals. "Nullity" is not to be con founded with "rescission." Nullity takes place when the act is affected by a radical vice, which prevents it from producing any effect; as where an act is in contravention of the laws or of good morals, or where it has been executed by a per son who cannot be supposed to have any will, as a child under the age of seven years, or a. madman, (un nino o demente.) Rescission is where an act, valid in appearance, nevertheless conceals a defect, which may make it null, if demanded by any of the parties; as, for exam ple, mistake, force, fraud, deceit, want of suf ficient age, etc. Nullity relates generally to public order, and cannot therefore be made good either by ratification or prescription; so that the tribunals ought, for this reason alone, to de cide that the null act can have no effect, with out stopping to inquire whether the parties to it have or have not received any injury. Re scission, on the contrary, may be made good by ratification or by the silence of the parties; and neither of the parties can demand it, unless he can prove that he has received some prejudice or sustained some damage by the act. Sunol v. Hepburn, 1 Cal. 281, citing Escriche. RESCISSORY ACTION. In Scotch law. One to rescind or annul a deed or contract. RESCOUS. Rescue. The taking back by force goods which had been taken under a distress, or the violently taking away a man who is under arrest, and setting him at liberty, or otherwise procuring his escape, are both so denominated. This was also the name of a writ which lay In cases of rescue. Co. Litt. 160; 3 Bl. Comm.. 146; Fitzh. Nat Brev. 100; 6 Mees. & W. 564. RESCRIPT. In canon law. A term in cluding any form of apostolical letter ema nating from the pope. The answer of the pope in writing. Diet Droit Can. In the civil law. A species of imperial constitutions, being the answers of the prince BL.LAW DICT.(2D E-D.)—65