KFLCC Kingdom Law 2nd Ed.

1028

RESORT

RESPONDENTIA

RESORT, *. A court whose decision is final and without appeal is, in reference to the particular case, said to be a "court of last resort." RESOURCES. Money or any property that can be converted into supplies; means of raising money or supplies; capabilities of raising wealth or to supply necessary wants; available means or capability of any kind. Ming v. Woolfoik, 3 Mont 386; Sacry v. Lo bree, 84 Cal. 41, 23 Pac. 1088; Shelby Coun ty v. Tennessee Centennial Exposition Co., 96 Tenn. 653, 36 S. W. 694, 33 L. R. A. 717. RESPECTU COMPUTI VICECOMITIS HABENDO. A writ for respiting a sher iff's account addressed to the treasurer and barons of the exchequer. Reg. Orig. 139. RESPECTUS. In old English and Scotch law. Respite; delay; continuance of time; postponement. Respiciendum est judicanti ne quid ant durius ant remissins constituatnr quam causa deposcit; nee enim ant se veritatis ant clementise gloria affectanda est. The judge must see that no order be made or judgment given or sentence passed either more harshly or more mildly than the case requires; he must not seek renown, ei ther as a severe or as a tender-hearted judge. RESPITE. The temporary suspension of the execution of a sentence; a reprieve; a delay, forbearance, or continuation of time. 4 Bl. Comm. 394; Mishler v. Com., 62 Pa. 55, 1 Am. Rep. 377. Continuance. In English practice, a jury is said, on the record, to be "respited" till the next term. 3 BL Comm. 354. In the civil law. . A respite is an act by which a debtor, who is unable to satisfy his debts at the moment, transacts (compromises) with his creditors, and obtains" from them time or delay for the payment of the sums which he owes to them. The respite is ei ther voluntary or forced. It is voluntary when all the creditors consent to the pro posal, which the debtor makes, to pay in a limited time the whole or a part of the debt. It is forced when a part of the creditors re fuse to accept the debtor's proposal, and when the latter is obliged to compel them by ju dicial authority to consent to what the others have determined, in the cases directed by law. Civ. Code La. arts. 3084, 3085. —Respite of appeal. Adjourning an appeal to some future time. Brown.— Respite of homage. To dispense with the performance of homage by tenants who held their lands in con sideration of performing homage to their lords. Cowell. RESPOND. 1. To make or file an an swer to a bill, libel, or appeal, in the charac ter of a respondent, (g. v.)

2. To be liable or answerable; to make satisfaction or amends; as, to "respond in -damages." RESPONSE BOOK. In Scotch practice. A book kept by the directors of chancery, in which are entered all non-entry and re lief duties payable by heirs who take precepts from chancery. Bell. RESPONDEAT OUSTER. Upon an is sue in law arising upon a dilatory plea, the form of judgment for the plaintiff is that the defendant answer over, which is thence call ed a judgment of "respondeat ouster." This not being a final judgment, the pleading is resumed, and the action proceeds. Steph. PL 115; 3 Bl. Comm. 303; Bauer Y. Roth, 4 Rawle (Pa.) 91. Respondeat raptor, qui ignorare non potuit quod pupillnm alienum abduxit* Hob. 99. Let the ravisher answer, for he cannot be ignorant that he has taken away another's ward. Respondeat superior. Let the master answer. This maxim means that a master is liable in certain cases for the wrongful acts of his servant, and a principal for those of his agent Broom, Max. 843. See Southern Ry. Co. v. Morrison, 105 Ga. 543, 31 S. E. 564; Haehl v. Wabash R. Co., 119 Mo. 325, 24 S. W. 737; State v. Gillespie, 62 Kan. 469. 63 Pac. 742, 84 Am. St Rep. 411. RESPONDENT. The party who makes an answer to a bill or other proceeding in chancery. The party who appeals against the judg ment of an inferior court is termed the "ap pellant;" and he who contends against the appeal, the "respondent" The word also de notes the person upon whom an ordinary pe tition in the court of chancery (or a libel in admiralty) is served, and who is, as it were, a defendant thereto. The terms "re spondent" and "co-respondent" are used in like manner in proceedings in the divorce court. Brown; Brower v. Nellis, 6 Ind. App. 323, 33 N. E. 672; Code Cr. Proc. N. Y. 1903, | 516. In the civil law. One who answers or is security for another; a fidejussor. Dig. 2, 8, 6. RESPONDENTIA. The hypothecation of the cargo or goods on board a ship as se curity for the repayment of a loan, the term "bottomry" being confined to hypothecations of the ship herself; but now the term "re spondentia" is seldom used, and the expres sion "bottomry" is generally employed, whether the vessel or her cargo or both be the security. Maude & P. Shipp. 433; Smith, Merc Law, 416. See Maitland v. The At lantic, 16 Fed. Cas. 522. Respondentia is a contract by which a