KFLCC Kingdom Law 2nd Ed.

1026

RESERVATION

RESIDUARY

grantor creates, and reserves to himself, some right, interest, or profit in the estate grant ed, which had no previous existence as such, but is first called into being by the instru ment reserving it; such as rent, or an ease ment Stephens v. Reynolds, 6 N. Y. 458; In re Narragansett Indians, 20 R. I. 715, 40 Atl. 347; Miller v. Lapham, 44 Vt 435; Bngel v. Ayer, 85 Me. 448, 27 Atl. 352; Smith v. Cornell University, 21 Misc. Rep. 220, 45 N. Y. Supp. 640; Wilson v. Higbee (C. O.) 62 Fed. 726; Hurd v. Curtis, 7 Mete. (Mass.) 110. A "reservation" should be carefully distin guished from an "exception," the difference be tween the two being this: By an exception, the grantor withdraws from the effect of the grant some part of the thing itself which is in esse, and included under the terms of the grant, as one acre from a certain field, a shop or mill standing within the limits of the granted prem ises, and the like; whereas, a reservation, though made to the grantor, lessor, or the one creating the estate, is something arising out of the thing granted not then in esse, or some new thing created or reserved, issuing or coming out of the thing granted, and. not a part of the thing itself, nor of anything issuing out of an other thing. 3 Washb. Real Prop. 645. In public land laws of the United States, a reservation is a tract of land, more or less considerable in extent, which is by public authority withdrawn from sale or set tlement, and appropriated to specific public uses; such as parks, military posts, Indian lands, etc. Jackson v. Wilcox, 2 111. 344; Meehan v. Jones (O. C.) 70 Fed. 455; Cahn v. Barnes (C. C.) 5 Fed. 331. In practice, the reservation of a point of law is the act of the trial court in setting it aside for future consideration, allowing the trial to proceed meanwhile as if the question had been settled one way, but subject to alteration of the judgment in case the court in banc should decide it differently. In Scotch law. The re ceiving and keeping stolen goods, knowing them to be stolen, with a design of feloniously retain ing them from the real owner. Alis. Crim. Law, 1328. RESETTER. In Scotch law. A receiver of stolen goods knowing them to have been stolen. RESET. The receiving or harboring an outlawed person. Cowell. —Reset of theft. RESIANT. In old English law. Contin ually dwelling or abiding in a place; resi dent; a resident Kitchin, 33; Cowell. — Resiant rolls. Those containing the re siants in a tithing, etc, which are to be called over by the steward on holding courts leet. Living or dwelling in a certain place permanently or for a consider able length of time. The place where a man RESIDENCE. RESIANCE. Residence, abode, or con tinuance.

makes his home, or where he dwells perma nently or for an extended period of time. The difference between a residence and a dom icile may not be capable of easy definition; but every one can see at least this distinction: A person domiciled in one state may, for tempo rary reasons, such as health, reside for one or more years in some other place deemed more favorable. He does not, by so doing, forfeit his domicile in the first state, or, in any proper sense, become a non-resident of it, unless some intention, manifested by some act, of abandon ing his residence in the first state is shown. Walker's Estate v. Walker, 1 Mo. App. 404. "Residence" means a fixed and permanent abode or dwelling-place for the time being, as contradistinguished from a mere temporary lo cality of existence. So does "inhabitancy ;" and the two are distinguishable in this respect from "domicile." In re Wngley, 8 Wend. (N. Y.) 134. As they are used in the New York Code of Procedure, the terms "residence" and "resident" mean legal residence; and legal residence is the place of a man's fixed habitation, where his po litical rights are to be exercised, and where he is liable to taxation. Houghton v. Ault, 16 How. Prac. (N. Y.) 77. A distinction is recognized between legal and actual residence. A person may be a legal resi dent of one place and an actual resident of an other. He may abide in one state or country without surrendering his legal residence in an other, if he so intends. ,His legal residence may be merely ideal, but his actual residence must be substantial. He may not actually abide at his legal residence at all, but his actual residence must be his abiding place. Tipton v. Tipton, 87 Ky. 243, 8 S. W. 440; Hinds v. Hinds, 1 Iowa, 36; Fitzgerald v. Arel, 63 Iowa, 104, 18 N. W. 713, 50 Am. Rep. 733; Ludlow v. Szold, 90 Iowa, 175, 57 N. W. 676. RESIDENT. One who has his residence In a place. "Resident" and "inhabitant" are distinguish able in meaning. The word "inhabitant" implies a more fixed and permanent abode than does "resident;" and a resident may not be entitled to all the privileges or subject to all the duties of an inhabitant. Frost v. Brisbin, 19 Wend. (N. Y.) 11, 32 Am. Dec. 423. Also a tenant who was obliged to reside on his lord's land, and not to depart from the same; called, also, "homme levant et couch ant," and in Normandy, "resseant du fief." —Resident freeholder. A person who re sides in the particular place (town, city, coun ty, etc.) and who owns an estate in lands there in amounting at least to a freehold interest Damp v. Dane, 29 Wis. 427; Campbell v. Mor an, 71 Neb. 615, 99 N. W. 499; State v. Ko komo, 108 Ind. 74, 8 N. E. 720.— Resident minister. In international law. A public minister who resides at a foreign court Resi dent ministers are ranked in the third class of public ministers. Wheat Int. Law, 264, 267. RESIDUAL. Relating to the residue; re lating to the part remaining. RESIDUARY. Pertaining to the residue; constituting the residue; giving or bequeath ing the residue; receiving or entitled to the residue. Riker v. Cornwell, 113 N. Y. 115, 20 N. E. 602; Kerr v. Dougherty, 79 N. Y. 359; Lamb v. Lamb, 60 Hun, 577, 14 N. Y. Supp. 206. — Residuary account. In English practice. The account which every executor and adminis-