KFLCC Kingdom Law 2nd Ed.

RESTITUTION

RESPONDERA SON SOVERAIGNE

1029

sponsive allegation" is one which directly an swers the allegation it is intended to meet RESSEISER. The taking of lands into the hands of the crown, where a general liv ery or ouster le main was formerly misused. REST, v. In the trial of an action, a par ty is said to "rest," or "rest his case," when he intimates that he has produced all the evidence he intends to offer at that stage, and submits the case, either finally, or sub' ject to his right to afterwards offer rebutting evidence. REST, n. Rests are periodical balancings of an account, (particularly in mortgage and trust accounts,) made for the purpose of con verting interest into principal, and charging the party liable thereon with compound in terest. Mozley & Whitley. RESTAMPING 'WRIT. Passing it a sec ond time through the proper office, where" upon it receives a new stamp. 1 Chit. Arch. Pr. 212. RESTAUR, or RESTOR. The remedy or recourse which marine underwriters have against each other, according to the date of their assurances, or against the master, If the loss, arise through his default, as through ill loading, want of caulking, or want of hav ing the vessel tight; also the remedy or re course a person has against his guarantor or other person who is to indemnify him from any damage sustained. Enc. Lond. RESTAURANT. This term, as current ly understood, means only, or chiefly, an eat ing-house; but it has no such fixed and defi nite legal meaning as necessarily to exclude its being an "inn" in the legal sense. Lewis v. Hitchcock (D. C.) 10 Fed. 4. RESTITUTIO IN INTEGRUM. Lat. In the civil law. Restoration or restitution to the previous condition. This was effected by the praetor on equitable grounds, at the pray er of an injured party, by rescinding or an nulling a contract or transaction valid by the strict law, or annulling a change in the legal condition produced by an omission, and re storing the parties to their previous situation or legal relations. Dig. 4, 1; Mackeld. Rom. Law, § 220. The restoration of a cause to its first state, on petition of the party who was cast, In order to have a second hearing. Hallifax, Civil Law, b. 3, c. 9, no. 49. RESTITUTION. In maritime law. When a portion of a ship's cargo is lost by jettison, and the remainder saved, and tha articles so lost are replaced by a general con tribution among the owners of the cargo, this is called "restitution." In practice. The return of something to the owner of it or to the person entitled to

cargo, or some part thereof, is hypothecated as security for a loan, the repayment of which is dependent on maritime risks. Civ. Code Cal. § 3036; Civ. Code Dak. § 1796. Respondera son soveraigne. His supe rior or master shall answer. Axticuli sup. Chart, c 18. RESPONDERE NON DEBET. Lat In pleading. The prayer of a plea where the de fendant insists that he ought not to answer, as when he claims a privilege; for example, as being a member of congress or a foreign ambassador. 1 Chit. Pi. *433. RESPONSA PRUDENTUM. Lat. An swers of jurists; responses given upon cases or questions of law referred to them, by cer tain learned Roman jurists, who, though not magistrates, were authorized to render such opinions. These responsa constituted one of the most important sources of the earlier Roman law, and were of great value in de veloping its scientific accuracy. They held much the same place of authority as our modern precedents and reports. RESPONSALIS. In old English law. One who appeared for another. In ecclesiastical law. A proctor. RESPONSALIS AD LUCRANDUM VEL PETENDUM. He who appears and answers for another in court at a day as signed; a proctor, attorney, or deputy. 1 The obligation to answer for an act done, and to repair any in Jury it may have caused. RESPONSIBLE. To say that a person is "responsible" means that he is able to pay a sum for which he is or may become liable, or to discharge an obligation which he may be under. Farley v. Day, 26 N. H. 531; People •. Kent, 160 111. 655, 43 N. E. 760; Com. v. Mitchell, 82 Pa. 349. A promise to be "re sponsible" for the contract of another is a guaranty rather than a suretyship. Bickel v. Auner, 9 Phila. (Pa.) 499. —Responsible government. This term gen erally designates that species of governmental system in which the responsibility for public measures or acts of state rests upon the min istry or executive council, who are under an ob ligation to resign when disapprobation of their course is expressed by a vote of want of confi dence, in the legislative assembly, or by the de feat of an important measure advocated by them. Responsio nnins non ontnino andiatnr. The answer of one witness shall not be heard at all. A maxim of the Roman law of evi dence. 1 Greenl. Ev. § 260. RESPONSIVE. Answering; constituting or comprising a complete answer. A "re Reeve, Eng. Law, 169. RESPONSIBILITY.